HomeMy WebLinkAbout911432.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT WITH STATE DEPARTMENT OF HIGHWAYS,
DIVISION OF TRANSPORTATION DEVELOPMENT, FOR PROVISION OF PUBLIC
TRANSPORTATION SERVICES IN NONURBANIZED AREAS
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 Intergovernmental Agreement
with the State Department of Highways, Division of Transportation Development,
and
WHEREAS, the State of Colorado, State Department of Highways, Division of
Transportation Development, has obtained certain unencumbered Federal funds for
the provision of public transportation services in nonurbanized areas, and
WHEREAS, the State Department of Highways, Division of Transportation
Development, is responsible for the disbursement of these funds, and
WHEREAS, the County is desirous of obtaining said funds for the provision
of public transportation services to residents of Weld County and has filed an
application with the State for this purpose, and
WHEREAS, the State has proposed an intergovernmental agreement with the
County to provide funds for such services, and
WHEREAS, the County desires to accept the funds, in the amount of
$10,300.00, for such services pursuant to the conditions of the agreement, and
WHEREAS, the County desires to work together with the State Department of
Highways to effect said services as provided in the agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Intergovernmental Agreement with the State Department
of Highways, Division of Transportation Development, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign said agreement.
BE IT FURTHER RESOLVED by the Board that the County hereby obligates its
local funds share of $10,300.00, as required by said agreement.
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RE: TRANSPORTATION DEVELOPMENT
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 11th day of December, A.D. , 1991.
BOARD OF COUNTY COMMISSIONERS
ATTEST: Alail WELD COUNT , OLORADO
Weld County Clerk to the Board
Gordo . a y, irman
By. /A edijcvita
Geor a Ken d Pro-T—
Deputy Clerk to the Bo Y• em
APPROVED AS FORM: (-mow �=e� d
Constance L. Harber
,�
County Attorney C. W. Kirby /,
W. H. Webster
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' MEMORAnDum
Illik Cordon E. Lacy, Chairman
ro Board of County Commissioners Date December 77 1991 D{/�
COLORADO prom Walter J. Speckman. Executive Director, Unman Resources a
subjactFY 1992 UMTA Contract‘ Department of Highways
Enclosed for Board approval is the Section 18 UMTA contract with the
Colorado Department of Highways for fiscal year 1992. Weld County will be
awarded $10,300 in Section 18 Mass Transit funds to provide 15,700 on-way
passenger trips.
As a condition of the contract the Board is also requested to attach a
resolution stating that local funds will be available to provide the 50%
local match requirement.
Please call Linda Piper at 353-3816, extension 3320, if you have further
questions.
911432
//WC tic. /
AGREEMENT
THIS AGREEMENT, made this day of , 19_, 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 the WELD COUNTY HUMAN SERVICES, a
public nonprofit organization, 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 remain available for payment in Fund No. 2001, G/L Account
No. 52046, Subaccount No. 99018 , FMS Function Number 1517 C ; and COFRS
coding TP 00 ; and
WHEREAS, required approval, clearance, and coordination has been
accoplished from and with appropriate agencies; and
WHEREAS, Section 18, of the Urban Mass Transportation Act of 1964,
(49 USC 614) , as amended, hereinafter referred to as the Act, institutes a
program offering federal assistance for public transportation in rural and
small urban areas by way of a formula cunt program administered by the
State; and
WHEREAS, the Grantee has proposed a project in the form of an
application for funding 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 adopt all procedures
necessary to make and enter into such contracts as may be necessary for
state application and administration of Section 18 of the Act, including
participation in grant program for the purpose of assisting transportation
services; and
WHEREAS, the Governor of the state of Colorado, in accordance with a
request by the Urban Mass Transportation Administration, hereinafter
referred to as UMTA, has designated the State to manage the Section 18
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 pmmnoccec the necessary fiaral and managerial
capability to implement and manage the project and utilize grant funds for
public transportation in nonrrbanized areas of the State;
NOW, THEREFORE, it is hereby agreed that:
SrAaim 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 Moorperated herein by
reference to the extent consistent herewith.
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SECTION 2. 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
Conxiitions" and Exhibit B, "Audit Requirements", incorporated herein by this
reference, and all applicable laws, regulations, and published policies. In
general, the terms of the 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 hndies. The terms of Office and Management Budget (OMB) Circular
A-110, Revised, "Uniform Administrative Requirements for Grants and Agreements
with Institutions of Higher Education, Hospitals, and Other Nonprofit
Organizations," are generally applicable to Projects with nongovernmental
bodies. When OMB Circular A-110 is merged with 49 C.F.R. Part 18, the terms of
the new regulation will be applicable as set forth in its provisions, subject
to modifications by UMTA.
SECTION 3. 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 14 of
this Agreement, and as further desrribed in Exhibit A.
SECTION 4. Project Budget. The Project budget shall be as set forth in
Exhibit A.
SECTION 5. Allowable Costs. Expenditures made by the Grantee will be
reimbursable as allowable costs provided the Grantee documents they meet all of
the requirements set forth below. TO be allowable, all costs must:
A. Be incurred in conformance with the cng+e of Work and Conditions and
all other provisions of this Agreement;
B. Be necessary in order to accomplish the Project;
C. Be reasonable in amount for the goads or services purchased;
D. Be actual net costs to the Grantee (i.e. , the price paid minus any
refunds, rebates, or other items of value received by the Grantee that
have the effect of reducing the cost actually incurred, excluding
Program Income as defined in 49 CFR Part 18 or OMB Circular A-110) ;
E. Be incurred for work perfoiuftd after the effective date of this
Agreement;
F. Unless permitted otherwise by federal statute or regulation, be in
conformance with the standards for allowability of costs set forth in
OMB Circular A-87, Revised, and with any guidelines or regulations
issued by UMTA or the State; in the case of Projects with educational
institutions, the standards for allowability of costs set forth in OMB
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 standards of OMB Circular A-87, Revised, shall
apply; the above circulars are incorporated herein by reference;
G. Be satisfactorily documented; and
H. Be treated uniformly and consistently under accounting principles and
procedures approved and prescribed by UMPA or the State for the
Grantee, and those approved or prescribed by the Grantee for its
contractors.
2 ail Mr,
Sru:1r10N 6. Accounting-Records.
A. Project Accounts. The Grantee shall establish and maintain as a
cPparate set of accounts, or as a separate and integral part of its
current accounting scheme, accounts for the Project to assure that
Project funds are expended and accounted for in a manner consistent
with this Agreement and Project objectives.
B. Funds Received or Made Available for the Proiect. The Grantee shall
appropriately record in the Project account, and deposit in a bank or
trust company, 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 for, 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 banks that are owned at 1Past 50 percent
by minority group members.
C. Documentation of Proiect 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,
invoicpa, contracts, or vouchers evidencing in detail the nature of the
charges.
D. (becks. Orders, and Vouchers. Any check or order drawn up by the
Grantee with respect 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, contracts, vouchers, orders, or other accounting
documents pertaining in whole or in part to the Project shall be
clearly identified, readily accrogaible, and to the extent feasible,
kept separate and apart from all other such documents.
SECTION 7. Purchase of Project Equipment. Project equipment includes any
iipment item with a unit cost of $500 or more and a ncPful life exceeding one
ur. The purchase of all Project equipment financed in whole or in part
'suant to this Agreement shall be undertaken by the State or the Grantee in
prdance with Colorado Department of Transportation guidelines as stated in
irchasing Procedures for UMIA Grant Recipients", applicable State law, and
standards set forth in 49 C.F.R. Part 18 or OMB Circular A-110,
achment O, as may be applicable, and with any supplementary directives or
7ulations including UMTA Circular 4220.1B, and any revisions thereof, as may
applicable. The Grantee shall use Project funds for capital equipment only
dPgrribed in the grope of Work and Special Conditions.
SECTION 8. Use of Project.Eguirment. The Project equipment shall be used
the purpose of transporting the general public in rural and small urbanized
as of the state as described in the Grantee's application for as long as
41ed. When the equipment is no longer needed for such servicpa, the Grantee
ill promptly notify the State, which will provide instructions for the
;position of such Project equipment in accordance with 49 C.F.R. Part 18.
withstanding any prior termination of this Agreement under Section 14, UMIA
,11 retain interest in the federal share of the Project as long as the
upment has a fair market value exceeding $5,000, as determined by the
:te. The State must be reimbursed the federal share of the fair market value
the equipment if a federal interest exists in the equipment at the time of
;pose', unless UMPA has issued instructions or approvals to the contrary.
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SEcrioN 9. 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.
SECTION 10. Maintenance of Proiect Equipment. The Grantee shall be
responsible for the continued maintenance and repair of the Project equipment
following manufacturers' minimum spetifications 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 UMTA or the
State may issue.
SECTION 11. Insurance.
A. The Grantee shall carry the following minimum amounts of insurance:
(1) Worker's Compensation in statutory limits.
(2) Comprehensive General and Automobile Liability Policy for amounts
not less than: Reidily Injury, $400,000 each occurrence; Property
Damage, $400,000 each occurrence; or $500,000 combined single
limit.
B. 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 wro,ytul death and for damages to property arising from the
negligent or wroryful acts or omissions of the Grantee, its employees,
subcontractors, agents, or repragnntatives, in the performance of the
Project.
D. Certificates showing the Grantee is carrying the above described
insurance shall be submitted annually to the State within 30 days of
the issuance of each insurance policy.
E. The State shall be named as loss payee on the policies for equipment
purchased with Project funds; evidence of such shall be submitted to
the State annually.
SECTION 12. Reporting. During the term of this Project, except as
provided in (E) below, the Grantee shall submit requests for reimbursements to
the State quarterly or monthly in accordance with the requirements of this
Section.
A. Reports shall be submitted on forms provided to the Grantee by the
State.
B. Reports shall be fully completed and include at least the following
elements:
1. Eligible Project costs indicating the line items that correspond to
the budget for this Project.
2. Operating and financial data.
3. An annual certification of Project equipment if capital equipment
was purchased as part of this Agreement.
C. Requests for reimbursement for 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 Exhibit A and within the limits of
Section 3 of this Agreement.
D. 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 in (E) below or in Exhibit A. If
reports and request for 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 14 of this Contract.
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E. Notwithstanding any prior termination of this Agreement under
Section 14, if capital equipment is purchased under 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 admini5Lcative funds from
Section 18.
SECTION 13. Records. The Grantee and its subcontractors shall maintain
all books, documents, papers, and accounting records and other evidence
pertaining to 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, UMTA, or any authorized
representative of the federal government, and copies thereof shall be furnished
if requested.
SECTION 14. Termination.
A. Termination by own terms. This Agreement will terminate by its own
terms as set forth in Exhibit A.
B. For Convenience. The parties may rescind this Agreement and terminate
the Project if both parties agree that the continuation of the Project
would not produce beneficial results commensurate with the further
expenditure of funds.
C. For Cause. 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 for any of the
following reasons:
1. The Grantee no longer ekes the Project equipment for the purposes
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 timely 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.
D. Action upon Termination. Upon termination of this Agreement and the
Project under the provisions of paragraph A or B of this Section, the Grantee
agrees to return all Project equipment purchased with Project funds to the
State for disposition. If the Grantee's failure either to make adequate
progress or to make reasonable use of the Project equipment, or to honor the
terms of this Agreement is dew by the State to be willful or
unreasonable, 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
leaser amount as may be determined by the State.
SECTION 15. Assigning the Agreement.
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, amendment 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.
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B. The Grantee shall not execute any lease, pledge, mortgage, lien, or
other contract touching or affecting the federal, State or local
interest in any Project facilities or equipment, nor shall it obligate
itself, in any other manner, to any third party with respect to Project
facilities or equipment, unless such leace, 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
continuing control over the use of Project facilities or equipment.
SE r10N 16. Contract Changes. Any change in this Agreement shall be in
the form of a written supplement signed by the parties to this Agreement.
SECTION 17. Audit and Inspection.
A. The Grantee shall permit the State, UMTA, and the Comptroller 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 competitive
bidding procedures as defined by UMTA, the Grantee shall require these
conL.iactors to permit the State, UMTA, and the Comptroller 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
pertaining to such contracts with regard to the Project.
B. 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-128, which is incorporated herein by this reference. Such
audits shall test compliance with the items epeLified 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 UMTA criteria, UMTA or the State may waive the OMB Circular A-128
audit requirement or substitute a requirement for a grant audit
performed in accordance with the Cwrptroller General's standards.
C. 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.
D. The Grantee is responsible for obtaining any audits required by UMTA or
the State. To the extent that the charges for such audits are
necessary for the administration and management of functions related to
the Project, the costs of such audits are allowable under this Project
to the extent authorized by OMB Circular A-87, Revised, OMB Circular
A-21, Revised, or OMB Circular A-122, Revised, as may be applicable.
SECTION 18. Egual Employment Opportunity. In connection with the
execution of this Agreement, the Grantee shall not discriminate against any
employee or applicant for employment because of race, color, age, creed, sex or
national origin. The Grantee shall take affirmative action to ensure that
applicants are employed, and that employees are treated during employment,
without regard to their race, color, religion, sex, 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 ofcompensation; and selection for
training, including apprenticeship.
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SECTION 19. Small, Minority and Women's Business Enterprise.
A. Policy - It is the policy of the U.S. Department of Transportation,
hereinafter referred to as DOT, that minority business enterprises
(MBE) , as defined in 49 CFR Part 23 shall have the maximum opportunity
to participate in the performance of contracts financed in whole or in
part with federal funds under this Agreement. Consequently, the MBE
requirements of 49 CFR Part 23 apply to this Agreement.
B. MBE Obligation - The Grantee and its subcotd.cactors agree to ensure
that MBE as defined in 49 CFR Part 23 have the maximum opportunity to
participate in the performance of contracts and subcontracts financed
in whole or in part with federal funds provided under this Agreement.
In this regard the Grantee and its subcontractors shall take all
necessary and reasonable steps in accordance with 49 CFR Part 23 to
ensure that MBE have the maximum opportunity to compete for and perform
contracts. The Grantee and its subcontractors shall not discriminate
on the basis of race, color, national origin or sex in the award and
performance of DOT-assisted c nA.Lacts.
SECTION 20. Title VI Civil Rights Act of 1964 - Title VI Compliance.
During the performance of this Agreement, the Grantee, for itself, its
assignees and successors in interest (hereinafter referred to as the Grantee)
agrees as follows:
A. CUMbliance with Regulations: The Grantee shall comply with the
Regulations relative to nondiscrimination in federally-assisted
programs of the Department of Transportation (hereinafter, "DOT") Title
49, Code of federal Regulations, Part 21, as they may be amended from
time to time, (hereinafter referred to as the Regulations) , which are
herein incorporated by reference and made a part of this contract.
B. Nondiscrimination: The Grantee, with regard to the work perfornmd by
it during the contract, shall not disfltiminate on the grounds of race,
color, or national origin in the selection and retention of
subcontractors, including procurements of materials and leases of
equipment. The Grantee shall not participate either directly or
indirectly in the discrimination prohibited by Section 21.5 of the
Regulations, including employment practices when the contract covers a
piuyiam set forth in Appendix B of the Regulations.
C. Solicitations for Subcontracts. Including Procurements of Materials and
Equipment: In all solicitations either by competitive bidding or
negotiation made by the Grantee for work to be performed under a
subcontract, including procurements of materials or leases of
equipment, each potential subcontractor or supplier shall be notified
by the Grantee of the Grantee's obligations under this contract and the
Regulations relative to nondiscrimination on the grounds of race,
color, or national origin.
D. Information and Reports: The Grantee shall provide all information and
reports required by the Regulations or directives issued pursuant and
reports required by the Regulations or directives issued pursuant
thereto, and shall permit acr ss to its books, records, accounts, other
sources of information, and its facilities as may be determined by the
State or the Urban Mass Transportation Administration to be pertinent
to ascertain compliance with such Regulations, orders and
instructions. Where any information required of a Grantee is in the
exclusive possession of another who fails or refuses to furnish this
information the Grantee shall so certify to the Colorado Department of
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Transportation, or the Urban Mass Transportation ministration as
appropriate, and shall set forth what efforts it has made to obtain the
information.
E. Sanctions for Noncompliance: In the event of the Grantee's
noncompliance with nondiscrimination provisions of this contract, the
State shall impose contract sanctions as it or the Urban Mass
Transportation Administration may determine to be appropriate,
including, but not limited to:
1. withholding of payments to the Grantee under the contract until the
Grantee complies; aryl/or
2. cancellation, termination, or suspension of the contract, in whole
or in part.
F. Incorporation of Provisions: The Grantee shall include the provisions
of paragraphs (A) through (F) in every subcontract, including
procurements of materials and lPassbs of equipment, unless exempt by the
Regulations, or directives issued pursuant thereto. The Grantee shall
take such action with respect to any subcontract or procurement as the
State or the Urban Mass Transportation Administration may direct as a
means of enforcing such provisions including sanctions for
noncompliance: provided, however, that, in the event a Grantee becomes
involved in, or is threatened with, litigation with a subcontractor or
supplier as a result of such direction, the Grantee may request the
Colorado Department of Transportation, and, in addition, the Grantee
may request the United States to enter into such litigation to protect
the interests of the United States.
SECTION 21 Labor Provisions.
A. Construction Contracts. Each construction contract of $2,000 let by
the Grantee in carrying out the Project shall incorporate the
regulations set forth at C.F.R. Part 5.
B. Nonconstruction Contracts. Pursuant to the regulations at 29 C.F.R.
Part 5, the following provisions shall be incorporated in all
nonconstruction contracts of $2,500 let by the Grantee in carrying out
the Project:
1. Overtime Requirements. No contractor or subcontractor contracting
for any part of the contract work which may require or involve the
employment of laborers or mechanics shall require or permit any
such laborer or mechanic in any work week in which he or she is
employed on such work to work in exraas of forty hours in the work
week unless such laborer or mechanic receives compensation at a
rate not less than one and one-half times the basic rate of pay for
all hours worked in excess of forty hours in such work week.
2. Violation; Liability for Unpaid Wages; Liquidated Damages In the
event of any violation of the requirements set forth in
subparagraph (b) (1) of 29 CFR § 5.5, the contractor and any
subcontractor responsible therefor shall be liable for the unpaid
wages. In addition, such contractor and subcontractor shall be
liable to the United States (in the cam of work done under
contract for the District of Columbia or a territory, to such
district or to such territory) for liquidated damages. Such
liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and guards,
employed in violation of the clause set forth in subparagraph
(b) (1) of 29 CFR § 5.5 in the sum of $10 for each calendar day on
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which such individual was required or permitted to work in excess
of the standard work week of forty hours without payment of the
overtime wages required by the clause set forth in subparagraph
(b) (1) of 29 CFR § 5.5.
3. Withholding for Unpaid Wages and Liquidated Damages. DOT or the
State shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhold or
cause to be withheld, from any monies payable on account of work
performed by the contractor or subcontractor under any such
contract or any other federal contract with the same prime
cotiLLactor, or any other federally-assisted contract subject to the
Contract Work Hours and Safety Standards Act, which is held by the
same prime contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or
subcontractor for unpaid wages and liquidated damages as provided
in the clause set forth in subparagraph (b) (2) of 29 CFR § 5.5.
4. Subcontracts. The Grantee or its subcontractor shall insert in any
subcontracts the clauses set forth in subparagraphs 1 through 3 of
this section and also a clause requiring the subcontractors to
include these clams in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any subcontractor
or lower tier subcontractor with the clams set forth in
subparagraphs 1. through 3. of this paragraph.
5. Applicability. The above clams are applicable in any contract
subject only to the CouLcact Work Hours and Safety Standards Act
and not to any of the other statutes cited in 29 C.F.R. 5.1.
6. Responsibilities. The Grantee or its subcontractor shall maintain
payrolls and basic payroll records during the course of the work
and shall preserve them for a period of three years from the
completion of the contract for all laborers and mechanics,
including guards and watchmen, working on the contract. Such
records shall contain the name and address of each such employee,
social security number, correct classifications, hourly rates of
wages paid, daily and weekly number of hours worked, deductions
made, and actual wages paid. Further, the State shall require the
contracting officer to insert in any such contract a clause
providing that the records to be maintained under this paragraph
shall be made available by the Grantee or its subcontractor for
inspection, copying, or transcription by authorized representatives
of DOT or the Department of Labor, and the Grantee or its
subcontractor will permit such representatives to interview
employees during working hours on the job.
C. State and Local Government Enmloyees. The provisions of the Fair Labor
Standards Act, as amended by P.L. 99-150, Nov. 13, 1985, or as may be
amended further, are applicable to local government employees that
participate in this Project.
sEer1ON 22. Settlement of Third Party Co dtdct Disputes or Breaches. The
term third-party contract, as used in this fit, is defined as a contract
between the Grantee and its subconlLdctor in which the Grantee has procured a
good and/or service ca miercially from the subcontractor. UMPA has a vested
interest in the settlement of disputes, defaults, or breaches involving any
federally-assisted third party contracts. UMMA retains the right to a
proportionate share, based on the percentage of the federal share committed to
9
the Project, of any proceeds derived from any third party recovery. Therefore,
the Grantee shall avail itPlf of all legal riots 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. UMTA reserves the right to cones 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 UMTA permits
otherwise.
SECTION 23. Ethics. The Grantee shall maintain a written code or
standards of conduct that shall govern the performance of its employees,
officers, board members or agents engaged in the award and administration of
colaacts supported by federal funds. Such cod- 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. 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, board member or agent;
B. Any member of his or her immediate family;
C. His or her partner; or
D. An organization that employs, or is to employ, any of the above.
The cod- or standards shall also provide that the Grantee's employees,
officers, board members or agents shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors, potential contractors,
or parties to the subagreement. The Grantee may set minimum rules where the
financial interest is not substantial or the gift is an unsolicited item of
nominal intrinsic value. To the extent 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 of such code or
standards by the Grantee's employees, officers, board members or agents or by
the contractors or their agents.
SECTION 24. Prohibited Interest. No employee, officer, board member or
agent of the Grantee shall participate in the selection, award, or
administration of a contract if a conflict of interest, real or apparent, would
be involved. Such a conflict would arise when:
A. The employee, officer, board member or agent;
B. Any member of his or her immediate family;
C. His or her partner; or
D. An organization which employs, or is about to employ any of the above,
has a financial or other interest in the firm selected for award. The
Grantee's employees, officers, board members or agents shall neither
solicit nor a<rept gratuities, favors or anything of monetary value
from contractors, potential contractors, or parties of subagreements.
SECTION 24. 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.
SECTION 25. Patent Rights. 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, which
invention, improvement, or discovery may be patentable under the Patent Laws of
the United States or any foreign country, the Grantee shall iramediately notify
10
211.432
the State and UMTA and provide a detailed report. The rights and
responsibilities of the Grantee, third party conlaactors and UMTA with respect
to such invention, improvement or discovery will be determined in accordance
with applicable federal laws, regulations, policies, and any waivers thereof.
SECTTON 26. Rights 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 such as drawings or photographs; text in
speifications 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. Examples
include, but are not limited to: engineering drawings and asqnciated
lists, spwLifications, 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. All "subject data" first produced in the performance of this Agreement
shall be the sole property of UMPA. The Grantee agrees not to assert
any rights at common law or equity and not to establish any claim to
statutory copyright in such data. Except for its own 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 UMTA until such time as UMTA may have released such
data to the public; this restriction, however, does not apply to
Agreements with academic institutions.
C. The Grantee agrees to grant and does hereby grant to UMTA and to its
officers, agents, and employees acting within the scope of their
official duties, a royalty-free, nonexclusive, and irrevocable license
throughout the world:
1. To publish, translate, reproduce, deliver, perform, lige, and
dispose of, in any manner, any and all data not first produced or
composed in the performance of this Agreement but which is
incorporated in the work furnished under this Agreement; and
2. To authorize others to do so.
D. The Grantee shall indemnify and save and hold harmless UMTA, its
officers, agents, and employees acting within the scope of their
official duties against any liability, including ensts 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 dispubition of any data furnished under this Agreement.
E. Nothing contained in this clause shall imply a license to UMTA under
any patent or be construed as affecting the scope of any license or
other right otherwise granted to UMTA under any patent.
F. Subsections C and D above are not applicable to material furnished to
the Grantee by UMTA and incorporated in the work furnished under the
contract; provided that such incorporated material is identified by the
Grantee at the time of delivery of such work.
G. In the event that the Project, which 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 in the Rights in Data
clause in this Agreement and shall be d-livered as UMTA may direct.
11
This clause shall be included in all third-party contracts under the
Project.
SECTION 27. Cargo Preference - Use of United States - Flag Vessels.
Pursuant to regulations published at 46 C.F.R. Part 381, the Grantee agrees to
insert the following clauRes in all contracts let by the Grantee under which
equipment, materials or coimnodities may be transported by ocean vessel in
carrying out the Project:
A. To utilize privately owned United States-flag commercial vessels to
ship at least 50 percent of the gross tonnage (computed separately for
dry bulk carriers, dry cargo liners, and tankers) involved, whenever
gipping any equipment, materials, or commodities pursuant to this
section, to the extent such vessels are available at fair and
reasonable rates for United States-flag commercial vessels.
B. To furnish within 30 days following the date of loading 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 English for each shipment of cargo decrribed in
paragraph (A) above to the State (through the prime contractor in the
caGe 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.
C. To insert the substance of the provisions of this clmme in all
relevant subcontracts issued pursuant to this contract.
SECTION 28. Ineligible Bidders. Bidders or Suppliers whose names appear
on the U.S. Comptroller 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 Comptroller General's List
of Ineligible Contractors. A subsequent determination by UMTA that a bidder
knowingly made any misstatement of facts in this regard will be cause for
immediate disqualification, suspension or termination of the contract for
cause. The Comptroller General's List of Ineligible Contractors is available
from the G.A.O. Publications Branch, Room 6427, 441 G. Street, Washington, D.
C. 20548.
SECTION 29. Buy America. Each third party contract utilizing UMTA funds
obligated after January 6, 1983, must comply with Section 165 of the Surface
Transportation Assistance Act of 1982, P. L. 97-424, 49 U. S. C. § 1601 note
(the Buy America Provision) , and UMTA regulations set forth at 49 C.F.R. Part
661 and any guidance issued to implement this statutory provision.
SECTION 30. Nondiscrimination on the Basis of Handicap. The Grantee shall
insure that all fixed facility construction or alteration and all new equipment
included in the Project comply with applicable regulations, "Nondiscrimination
on the Basis of Handicap in Programs and Activities, Receiving or Benefiting
from Federal Financial Assistance," set forth at 49 C.F.R. Part 27, and any
amendments thereto that may be issued.
SECTION 31. 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 accordance with EPA regulations, applicable
federally-approved State Implementation Plan(s) , appropriate UMTA directives
and all other applicable standards.
12
X1.1.432
SECTION 32. Energy Conservation. The Grantee and its third party
contractors shall recognize mandatory standards and policies relating to energy
efficiency which are contained in the State energy conservation plan issued in
compliance with the Energy Policy and Conservation Act (42 U.S.C. 6321 etseq.) .
SECTION 33. Flood Hazards. The Grantee shall comply with the flood
insurance purchase requirements with respect to construction or acquisition
purposes, of section 102(a) of the Flood Disaster Protection Act of 1973, 42
U.S.C. § 4012(a) .
bELTION 34. Privacy. Should the Grantee, its third party contractors or
its employees administer any system of records on behalf of the federal
government, the following terms and conditions are applicable:
A. The Grantee agrees:
1. To comply with the Privacy Act of 1974, 5 U.S.C. § 552a and the
rules and regulations issued pursuant to the Privacy Act when
performance under the contract involves the design, development, or
operation of any system of records on individuals to be operated by
the Grantee, its subcontractors or employees to accomplish a
Government function;
2. To notify UMTA when the Grantee anticipates operating a system of
records on behalf of UMTA in order to accomplish the requirements
of this Agreement, if such system contains information about
individuals which information will be retrieved by the individual's
name or other identifier assigned to the individual. A system of
records subject to the Privacy Act may not be employed in the
performance of this Agreement until the necessary approval and
publication requirements applicable to the system have been carried
out. The Grantee agrees to correct, maintain, disseminate, and use
such records in accordance with the requirements of the Privacy
Act, and to comply with all applicable requirements of the Privacy
Act;
3. To include this clause, including this paragraph, in all third
party contracts under which work for this Agreement is performed or
which is awarded pursuant to this Agreement or which may involve
the design, development, or operation of such a system of records
on behalf of the Government.
4. To include the Privacy Act Notification contained in this Agreement
in every third party contract solicitation and in every third party
contract when the performance of work under the proposed third
party contract may involve the design, development, or operation of
a system of records on individuals that is to be operated under the
contract to accomplish a Government function.
B. For pur eyes of the Privacy Act, when the Agreement involves the
operation of a system of records on individuals to accomplish a
Government function, the Grantee, third party contractors and any of
their employees is considered as an employee of the Government with
respect to the Government function and the requirements of the Privacy
Act, including the civil and criminal penalties for violations of the
Privacy Act, are applicable except that the criminal penalties shall
not apply with regard to contracts effective prior to September 27,
1975. In addition, failure to comply with the provisions of the
Privacy Act or of this clause will make this Agreement subject to
termination.
13
211432
C. The terms used in this-clause have the following meanings:
1. "Operation of a system of records" means performance of any of the
activities associated with maintaining the system of records on
behalf of UMTA 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 UMTA, including, but not limited, to, his education,
financial transactions, medical history, and criminal or employment
history and that contains his name, or the identifying number,
symbol, or other identifying partinular 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 UMTA 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.
SECTION 35. Prohibition Against Use of Federal Funds for Lobbying. The
Grantee or its subcontractor shall not use federal A sistance funds for
publicity or propaganda purposes designed to support or defeat legislation
pending before Congress.
SECTION 37. Hatch Act. The provisions of 5 U.S.C. §§ 1501-1508 (the
"Hatch Act") , and implementing regulations set forth in 5 C.F.R. Part 151 are
applicable to State and local agencies and their officers and employs 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
federal loans, grants, or cooperative agreement. However, the "Hatch Act" does
not apply to a nonsupervisory employee of an urban mass transportation system
(or of any other agency or entity performing related functions) to whom the
"Hatch Act" is otherwise inapplicable.
SECTION 38. Preaward and Postdelivery Audit. The Grantee shall comply
with any regulations that may be issued to implement section 12(j) of the Act,
49 U.S.C. § 1608(j) .
SECTION 39. Charter and School Bus Operations.
A. Charter Bus. The Grantee, or any operator of mass transportation
acting on its behalf, shall not engage in charter bus operations
outside the urban area within which it provides regularly scheduled
mass transportation service, except as provided under section 3(f) of
the Act, 49 U.S.C. 1602(f) , and applicable regulations "Charter
Service," set forth at C.F.R. Part 604 and any amendments thereto that
may be issued. Any charter service agreement entered into under thee
regulations is incorporated into this Agreement by reference.
B. School Bus. The Grantee, or any operator of mass transportation acting
on its behalf, shall not engage in school bus opPrations exclusively
for the transportation of students or school personnel in competition
with private school bus operators, except as provided under section
3(g) of the Act, 49 U.S.C. § 1602(g) and applicable regulations,
"School Bus Operations," set forth at 49 C.F.R. Part 605 and any
amendments thereto that may be issued. Any school bus agreement
entered into under these regulations is incorporated into this
Agreement by reference.
14
911432
SECTION 40. Motor Vehicle Safety Standards. The Grantee will assure that
the motor vehicles purchased under this Agreement will comply with the Motor
Vehicle safety Standards as established by the Department of Transportation at
49 CFR Parts 390 and 571.
SECTION 41. Motor Vehicle Emission Requirements. The Grantee must provide
a certification that:
A. The horsepower of the vehicle is adequate for the spdei, range and
terrain in which it will be required and also to meet the demands of
all auxiliary power equipment.
B. All gases and vapors emanating from the crankraGa of a spark-ignition
engine are controlled to minimize their Parar into the atmosphere.
C. Visible emission from the exhaust will not exceed No. 1 on the
Ringlemann Scale when measured six inches from the tail pipe with the
vehicle in steady operation.
D. When the vehicle has been idled for three minutes and then accelerated
to 80 percent of rated speed under load, the opacity of the exhaust
will not exceed No. 2 on the Ringlemann Scale for more than five
seconds, and not more than No. 1 on the Ringlemann Scale thereafter.
SECTION 42. 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 Government in connection with
this Project, LIM reserves the right to pursue the procedures and rose on
the Grantee the penalties of 18 U.S.C. § 1001, 31 U.S.C. §§ 231 and
3801 et seq. , and/or 49 U.S.C. § 1607(h) , as may be deemed by UMPA to be
appropriate.
SECTION 43. Debarment and Suspension. The Grantee shall obtain from its
third panty contractors certifications required by Department of Transportation
regulations, "Governmentwide Debarment and Suspension (Nonprocurement) ,"
49 C.F.R. Part 29, and otherwise comply with the requirements of those
regulations.
SECTION 44. Labor Protection. The Grantee agrees to undertake and
complete the Project under the terms and conditions of the Special Section
13(c) warranty for the Section 18 program agreed to by the Secretaries of
Transportation and Labor dated May 31, 1979, or substitute comparable
arrangements agreed to by the qPrretary of Labor.
SECTION 45. Prohibition of Drugs. The Grantee agrees to comply with
49 C.F.R. Part 653, "Control of Drug Use in Mass Transportation Operations."
SECTION 46. Miscellaneous.
A. 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.
B. State or Territorial Law. Except 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 compliance
with any provision thereof, perform any other act, or do any other
thing in contravention of any applicable State or territorial law;
however, if any of the provisions of the Agreement violate any
applicable State 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.
15
911432 •
C. 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.
D. 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 minimim, requirements, and all more stringent State
or local standards as outlined in Ehibit A shall be applicable to the
Performance of the Project.
E. No 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 spet..ific 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.
F. Pursuant to Applicable Regulations. The Project shall be performed by
the Grantee pursuant to all applicable federal requirements, which
shall be provided to the Grantee by the State. The Grantee Shall
confirm receipt of such regulations in writing.
SECTION 47. Americans With Disabilities Act. The Grantee agrees to comply
with PL 101-336, 42 USC 12101 et seq, "Americans With Disabilities Act".
Ste11ON 48. The Special Provisions attached hereto are hereby made a part
of this Agreement.
SECTION 49. The Grantee shall include in all subcontracts entered into
pursuant to this Agreement all of the above clauses 11 through 48, inclusive.
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 Urban Mass Transportation Administration
SECTION 50. 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.
t'l i
IN WITNESS WHEREOF, the parties hereto have executed this
contract the day and year first above written.
ATTEST: STATE OF COLORADO
ROY ROME2, GOVERNOR
By
Chief Clerk Executive Director
DEPARTMENT OF HIGHWAYS
APPROVED: GALE A. NORTON
CLIFFORD W. HALL Attorney General
State Controller
By By
BARRY B. RYAN
Assistant Attorney General
Natural Resources Section
ATTEST/* 4Ia FOR THE GRANTEE:
WELD COUNTY BOARD OF COMMISSIONERS
12/11/91
BY: /V 4-41(4,//1 4_/-71 f By
DEPUTY CLERK TO HE BOARD
Name DONALD D. WARDEN ��- Nyne GORDON E. Y
Title CLERK TO THE BOARD Title CHAIRMAN
211.432
11.432
""-a-Aossn SPECIAL PROVISIONS
CONTROLLER'a..PPROVAL
I. This contract shall not be deemed valid until it shall have beat approved by the Controller 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 after the current fiscal year are contingent upon funds fur that
purpose being appropriated.budgeted and otherwise made available.
BOND REQUIREMENT
3. If this contract involves the payment of more than fifty thousand dollars for the construction,erection.
repair,maintenance,or improvement of any building,road,bridge,viaduct.tunnel,excavation or other public
works for this State,the contractor shall,before entering the performance of any such work included in this coo
tract,duly execute and deliver to and file 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 b a penal sum not less than ane-
half of the total amount payable by the terms of this contract Such band shall 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 him,sustenance,pro-
visions,provendor or other supplies used orconsumed by such contractor or his subcontractor in performance of
the work contracted to be done.the surety will pay the setae in an amount not exceeding the sum specified in the
bond,together with interest at the rate of eight per cent pa annum. Unless such bond when so requited,is
executed,delivered and filed,no claim in favor of the convenor 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 State 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 hold harmless the State, its
employees and agents,against any and all claims,damages,liability and court awards including eats,epees,
and attorney fees incurred as a result of any act or omission by the convector,or its employee.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(24-34.002.
CRS 1982 Replacement Vol.),and as required by Executive Order,Expel Opportunity and Affirmative Action.
dated April 16, 1975.Pursuant thereto, the following provisions shall be contained in all State contracts or
sub-commas.
• During the performance of this contract,the contractor agrees as foliows: .
(I) The contractor will not discriminate against any employe or applicant for employment because of
race.creed cola,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 employee •
are treated during employment.without regard to the above mentioned eharaeterisdes.Such action shall
include.but not be limited to the following:employment.trpgrading.demotic,or nit.recntitmeal car
recruitment advertising;ley-offs or terminations;rates of pay or other forms of compwation;and Wen'
lion for training,including apprenticeship.The contractor epee re poet in eortspieuow own 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 contractor will,in all solicitations or advenisements 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 eommitlment under the Executive
Order.Equal Opponunity and Affirmative Action,dated April 16.1975,and tithe rules,regulations.and -
relevant Orders of the Governor. -
(4) The contractor and labor union will furnish all information and reports required by Executive Order,
Equal Opportunity and Affirmative Action of April 16,1975,and by the nits,regulations and Orden or
the Governor,or pursuant thereto.and will permit access to his books,records,and aemms by the con-
tracting agency and the once of the Governor or his designee far 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 free membership in such labor organization or dis-
criminate against any of is 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 oroperas
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°settee Or any order issued thereunder or attempt.either directly or
indirectly.to commit any act defined in this contract to be discriminatory. -
X95-53-01-1022 paga�_ of�_page _ • - .Yi..
Revised 11-85
Form 6-AC-02C
(7) In th nt of the contractors non-compliance with the non-di unation clauses of this con-
tract or with. ./of such rules,regulations,or orders,this contract may ;smelled,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 rules,regulatiau,or orders promulgated in accordance therewith,and
such other sanctions as may be imposed and remedies as may be invoked as provided in Executive
Order,Equal Opportunity and Affirmative Action of April 16,1975,or by rules,regulations,or orders
promulgated in accordance therewith, or as otherwise provided by law.
(8) The contractor will include the provisions of paragraph(1)through(8)in every sub-contract and
subcontractor purchase order unless exempted by rules, regulations, or orders issued pursuant to
Executive Order,Equal Opponunity and Affirmative Action of April 16,1975,so that luctl 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-eomplianeg provided,however,that in the event the con-
tractor becomes involved in.or is threatened with,litigation with the subcontractor cc vendor as a result
of such direction by the eattracting agency,the contractor may request the State of Colorado to enter
into such litigation to protect the interest of the Suns of Colorado.
COLORADO LABOR PREFERENCE
6 a.
b. When a concoction contract for a public project is to be awarded to a bidder,*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-I01 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 pan 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 he established.
9. The signatories hereto aver that they are familiar with I8-8-301,et seq.,(Bribery and Corrupt Influences)
and III-8-40J.et seq.,(Abuse of Public Once).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
!Geyer in the service or properly described herein:
WITNESS WHEREOF, the parties hereto have executed this Contract on the day first a
cur
Con
(Full Legal __ STATE OF COLORADO
RICHARD D. LAMM ERNOR
By
'5 EXECUTIVE DI
Position(Title)— - - --- - - -
DEP MENT
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EXHIBIT A
SCOPE OF WORK AND CONDITIONS
WELD COUNTY DIVISION OF HUMAN RESCURCRR
A. Standards of Performance.
1. The Grantee will provide a minimum, of 15,700 one-way passenger
trips per month (averaged quarterly) , at a maximum operating and
administrative cost of $ 3.93 per trip and a minimum rate of
.23 passengers 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 dons 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 rase by cagP
bads.
B. Project Budget.
1. The net Project cost is estimated to be and shall be shared as
follows:
Operating Deficit
COFRS Function (TP 00)
FMS Function # (1517 C)
Federal Share 50% $ 10,300
Grantee Share 50$ 10,300
TOTAL $ 20,600
2. The Project Cost shall not exceed the maximum allowable cost of
$ 20,600. The Grantee shall provide the Grantee's Share as provided
011432
Exhibit A
Page 2
above. 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
UMTA 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 UMTA funds for the Grantee's
share of the Project. The Grantee shall initiate and prosecute to
completion all actions necessary to authorize the Grantee to obtain and
provide its share of the Project casts at or prior to the time that
such funds are needed to meet Project costs.
3. Up to one half of the Grantee's share for capital, 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 for capital expenses shall be provided in cash. 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 ptuyuiLionate 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, 1992 and within the
limits of Section 3 of this Agreement. The final invoice shall be
submitted no later than sixty days after the above date.
D. Contract expiration. The Agreement shall expire when the capital
equipment no longer has a federal interest, as determined by the State.
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 dPsrribed in the application for funding submitted to the State
on April 26, 1991, and as speifically dP rribed below. That application
is incorporated herein by reference to the extent consistent with this
Agreement.
The Grantee will provide demand responsive transportation services in the
rural areas of Weld County. The services will be provided to the general
public wilth an emphasis on elderly, persons with disabilities and low
income persons.
911432
EXhi.bit A
Page 3
The Grantee will provide service through the following routes:
Service to Grover will be on a space and time available basis;
Service fram Frederick, Firestone, Dacono and Erie will run once a
week;
Service fram Keensburg and Hudson to Greeley will run every other week;
Service from Eaton and Ault will run once a week with anditional as
needed stops in Nunn and Pierce.
Service from Milliken, Johnstown, Windsor and Severence to Greeley will
run once a week.
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 incurred by the Grantee for which the Grantee receives
reimbursement fram other UM TA funds (i.e. , Section 16(b) (2) , REAP) may not
be listed as a cost to be shared by UMTA on the monthly reimbursement
request.
91.1432
Exhibit B
Page 1
GUIDANCE FOR AUDIT OF GRANTEE COMPLIANCE
WITH UMTA REQUIREMENTS
Federal Domestic Assistance Cataloz No. 20.509
I. PROGRAM OBJECTIVES
Grants made under the Section 18 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 Highways is the state agency designated by the Governor
to apply for and administer the funds. The Department, the recipient,
awards funds to subrecipients, hereinafter referred to as Grantees, on
a competitive basis.
III. COMPLIANCE REOUIREMENTS AND SPECIAL AUDIT PROCEDURES
A. Matchinz Requirements
Compliance Requirement: The minimum local matching
requirement 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 30
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 $300 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. 91_1432
Exhibit B
Page 2
Suggested Audit Procedures:
• Examine the Scope of work and Conditions
(Exhibit A) .
• Ascertain the total Project cost.
• Determine whether local matching funds were applied
to the uses for which they were committed.
• 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
Compliance 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 50,0000, which include the metropolitan areas
of Colorado Springs, Boulder, Denver, Fort Collins, Grand
Junction, Greeley 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 monthly average of the
number of 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 UMTA" columns
represent the Project costs and may not include nonallowable
costs.
No more than 30 percent of the Projects administrative
expenses nor more than 50 percent of the Project operating
expenses may be attributed to non-cash, in-kind expenses.
Suggested Audit Procedures:
91.1432
• Review Section 5 of this Agreement.
-Exhibit B
Page 3
• 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 UMTA"
columns.
• Ascertain whether the Grantee has sufficient
controls and procedures in place to ensure
nonallowable costs are not charged to the Project.
C. Accountlne Record
Grantees are expected to maintain accounting records in
accordance with Section 6 of this Agreement.
Surgested Audit Procedures:
• Review Section 6 of this Agreement.
• Ascertain whether the Grantee's procedures and
records are in compliance.
• f2,11.432 32
irv. {i
STATE Vk \ + RADO
DEPARTMENT OF HIGHWAYS
4201 East Arkansas Ave. C) L i \ S` i
Denver, Colorado 80222 TO �, _ _ .�I
'303) 757-9011 •
November 27, 1991
Ms. Linda Piper
Weld County Area Agency on Aging
1551 N. 17th Avenue
P. O. Box 1805
Greeley, CO 80632
d�
]lacer Ma P yeCt-
Enclosed is one copy of the contract for Section 18 funds awarded to Weld
County. I have enclosed only one copy of the full contract and three
additional signature pages to cut down on the volume of mail. You may
keep the copy of the full contract for your records until the signed
contract is returned.
As always, it is important for you to review the contents of this contract
with the State. When reviewing it, please make note of the following:
The State will fill in the execution date at the top of page 1, based
on when the contracts are returned.
Pleaaa have the contract signed by the highest elected official. (If
someone else signs, we must have adequate documentation that the
person is authorized to sign for the organization.)
Please be sure to have the "ATTEST"' line signed by someone who is able
to verify the authority of the person providing the primary signature.
List your formal corporate name under "Grantee" on the signature page.
P1PaSP return three of the signed contracts AS SCON AS POSSIBLE. It
will take three weeks for us to execute a contract after we receive
them back.
After the State has executed the contract, an original will be sent to
you.
The State Attorney General's Office also requires that you attach a
resolution stating the local funds will be available. A sample is
included.
PleaaA call me at (303) 757-9767 if you have any questions.
Siff70Y,
o�-
Transpor_ation Specialist
911432
326d2m1f
SAMPLE
CITY OF , COLORADO
ORDINANCE NO. _, 19_
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL
AGREEMENT WITH THE STATE DEPARTMENT OF HIGHWAYS, DIVISION OF TRANSPORTATION
DEVELOPMENT, FOR THE PROVISION OF PUBLIC TRANSPORTATION SERVICES IN
NONURBANIZED AREAS.
BE IT ORDAINED BY THE CITY OF , COLORADO:
Section 1. The City Council of finds:
A. It has the power to enter into intergovernmental agreements
under (state statue or charter section #) ; and,
B. The State of Colorado, State Department of Highways, Division
of the Transportation Development, has obtained certain
unencumbered Federal funds for the provision of public
transportation services in nonurbanized areas; and,
C. The State Department of Highways, Division of Transportation
Development, is responsible for the disbursement of these
funds; and,
D. The City 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 to provide funds for such services; and,
F. The City desires to accept the funds for such services
pursuant to the conditions of the agreement; and,
G. The City desires to work together with the State Department of
Highways to effect said services as provided in the agreement.
Section 2. The City hereby approves the attached contract between the City
and the State Department of Highways, agrees with the terms and conditions
stated therein, and authorizes its mayor to sign said contract.
gtiLyt32
Section 3. The City hereby obligates its local funds share of $ , as
required by the contract.
PASSED AND ADOPTED, SIGNED .AND APPROVED this day of , 199
ATTEST: THE CITY OF , COLORADO
By:
City Clerk Mayor
•
21_1432'
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