HomeMy WebLinkAbout951915.tiffRESOLUTION
RE: APPROVE AGREEMENT BETWEEN HUMAN SERVICES AND COLORADO
DEPARTMENT OF TRANSPORTATION, DIVISION OF TRANSPORTATION
DEVELOPMENT, 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 the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on
behalf of the Weld County Division of Human Services, and the Colorado Department of
Transportation, Division of Transportation Development, with terms and conditions being as stated
in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Agreement between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Weld County
Division of Human Services, and the Colorado Department of Transportation, 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 11th day of September, A.D., 1995.
BOARD OF COUNTY COMMISSIONERS
COUNTY, CO RA O
ty Clerk to the Board
he Board
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Barbapa J. Kirkmey
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George .Baxter
Constance L. Harbert
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W. H. Webster
951915
HR0066
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 WELD COUNTY , 1551 N. 17th Avenue. Greeley. Co 80632, a public body,
hereinafter referred to as the Grantee.
WHEREAS, authority exists in the Law, and funds have been budgeted, appropriated and
otherwise made available, and a sufficient unencumbered balance thereof remains available for
payment in Fund Code 400 , Organization Code 9850, Appropriation Code AIL, Program Code _
5000 , Function Code 1510 , Object Code 5180 1 N , GBL Code TY 83, Reporting Code 0510 ,
FEIN Number 846000813 G, 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 by way of a formula grant program administered by the State; and
WHEREAS, the Grantee has proposed a project in the form of an application for funding under
Section 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 programs for the purpose of assisting transportation services; and
WHEREAS, the Governor of the State of Colorado, in accordance with a request by the
Federal Transit Administration, hereinafter referred to as FTA, has designated the State to manage the
Section 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 possesses the necessary fiscal and managerial capability to implement
and manage the project and utilize grant funds for public transportation in nonurbanized areas of the
State;
NOW, THEREFORE, it is hereby agreed that:
SECTION 1. Purpose of Agreement. The purpose of this Agreement is to state the terms,
conditions, and mutual understandings of the parties as to the manner in which the Project will be
undertaken and completed. The terms and conditions of the Project and the Act are incorporated
herein by reference to the extent consistent herewith.
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SECTION 2. ACCOMPLISHMENT OF THE PROJECT.
A. General Requirements. The Grantee shall commence, carry out, and complete the Project with
all practicable dispatch, in a sound, economical, and efficient manner, in accordance with the terms
and conditions of this Agreement, the terms and conditions of Exhibit A, "Scope of Work and
Conditions" and Exhibit B, "Audit Requirements", incorporated herein by this reference, and all
applicable laws, regulations, and published policies. In general, the terms of the U.S. Department of
Transportation regulations, "Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments," 49 C.F.R. Part 18, are applicable to Projects with
governmental and nongovernmental bodies. The Grantee further agrees to follow the "Common Rule
Guidelines for Recipients of FTA Funds", which is incorporated herein by reference.
B. Application of Federal. State, and Local Laws and Regulations.
1. Pursuant to Federal. State. and Local Law. In performance of its obligations under this
Agreement, the Grantee shall comply with all applicable provisions of federal, state, and local law.
All limits or standards set forth in this Agreement to be observed in the performance of the project
are minimum requirements, and all more stringent State or local standards as outlined in the body of
this Agreement shall be applicable to the performance of the Project.
2. State or Territorial Law. Except to the extent that a federal statute or regulation preempts
State or territorial law, nothing in the Agreement shall require the Grantee to observe or enforce
compliance with any provision thereof, perform any other act, or do any other thing in contravention
of any applicable State or territorial law; however, if any of the provisions of the Agreement violate
any applicable State or territorial law, or if compliance with the provisions of the Agreement would
require the to violate any applicable State or territorial law, the Grantee agrees to notify the State
immediately in writing in order that the State and the Grantee may make appropriate arrangements to
proceed with the Project as soon as possible.
C. Funds of the Grantee. Except as approved otherwise by the State, The Grantee agrees to
complete all proceedings necessary to provide the local share of the Project costs at or before the time
that such funds are needed to meet Project expenses.
D. Changed Conditions of Performance. The Grantee agrees to notify the State immediately of
any change in local conditions or any other event that may significantly affects its ability to perform
the Project in accordance with the terms of this Agreement. In addition, the recipient agrees to notify
the State immediately of any decision pertaining to the Grantee's conduct or litigation that may affect
the States' interests in the Project or the State's administration or enforcement of applicable Federal
laws or regulations. Before the Grantee may name the State as a party to litigation for any reason,
the Grantee agrees to inform the State; this provision applies to any type of litigation whatsoever, in
any form.
E. No State Obligations to Third Parties. Absent the State's express written consent, and not
withstanding any concurrence by the State in or approval of the award of any contract of the Grantee
(third party contract) or subcontract of the Grantee (third party subcontract) or the solicitation thereof;
the State shall not be subject to any obligations or liabilities to third party contractors or third party
subcontractors or any other person not a party to this Agreement in connection with the performance
of this Project.
F. Period of Performance. This Agreement shall commence on the date all required signatures are
affixed hereto, including that of the State Controller, as reflected by the date to be inserted by the
State on the first page of this Agreement, and shall terminate as outlined in Sections 8 and 10 of this
Agreement, and as further described in the body of this Agreement.
G. Contract Changes. Any change in this Agreement shall be in the form of a written supplement
signed by the parties to this Agreement.
H. Pursuant to Applicable Regulations. The Project shall be performed by the Grantee pursuant to
all applicable federal requirements which shall be made available.
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SECTION 3. ETHICS.
A. Code of Ethics. The Grantee agrees to maintain a written code or standards of conduct that
shall govern the performance of its officers, employees, board members or agents engaged in the
award and administration of contracts supported by Federal funds. The code or standards shall also
provide that the Grantee's officers, employees, board members or agents shall neither solicit nor
accept gratuities, favors, or anything of monetary value from present or potential contractors or
subrecipients. The Grantee may set minimum rules where the financial interest is not substantial or
the gift is an unsolicited item of nominal intrinsic value. As permitted by State or local law or
regulations, such code or standards of conduct shall provide for penalties, sanctions, or other
disciplinary actions for violations by the Grantee's officers, employees, board members or agents, or
by contractors or subrecipients or their agents.
(1) Personal Conflict of Interest. The Grantee's code or standards must provide that no
employee, officer, board member, or agent of the Grantee may participate in the selection,
award, or administration of a contract supported by Federal funds if a 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:
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.
(2) Organizational Conflict of Interest. The Grantee's code or standards of conduct must
include procedures for identifying and preventing real and apparent organizational conflicts
of interest. An organizational conflict of interest exists when the nature of the work to be
performed under a proposed third party contract may, without some restrictions on future
activities, result in an unfair competitive advantage to the contractor or impair the
contractor's objectivity in performing the contract work.
B. 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 agrees not to pay, any
bonus or commission for the purpose of obtaining approval of its application for financial assistance
for this project.
D. Prohibition Against Use of Federal Funds for Lobbying. The Grantee agrees to comply with
the provisions of 31 U.S.C. § 1352, which prohibit the use of Federal funds for lobbying any
official or employee of any Federal agency , or member or employee of Congress; and requires the
Grantee to disclose any lobbying of any official or employee of any Federal agency, or member or
employee of Congress in connection with Federal assistance. The Grantee agrees to comply with
U.S. DOT regulations, "New Restrictions on Lobbying," 49 C.F.R. Part 20.
E. Employee Political Activity. The terms of the "Hatch Act", 5 U.S.C. §§ 1501 through 1508,
and Office of Personnel Management regulations, "Political Activity of State and Local Officers or
Employees," 5 C.F.R. Part 151, apply to State and local agencies and their officers and employees to
the extent covered by the statute and regulations. The "Hatch Act" restricts the political activity of an
individual principally employed by a State or local executive agency in connection with a program
financed in whole or in part by a Federal loan, grant, or cooperative agreement. However, the
"Hatch Act" does not apply to a nonsupervisory employee of a transit system (or of any other agency
or entity performing related functions) receiving FTA assistance to whom the "Hatch Act" is
otherwise inapplicable.
F. False or Fraudulent Statements or Claims. The Grantee acknowledges that should it make a
false, fictitious, or fraudulent claim, statement, submission, or certification to the State in connection
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with this Project, the State reserves the right to impose on the Grantee the penalties of 18 U.S.C. §
1001, 31 U.S.C. §§ 3801 et sea., and 49 U.S.C. app. § 1607a(h), as the State may be deemed
appropriate. The terms of U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. part
31, apply to this Project.
SECTION 4. PROJECT BUDGET. The Project budget shall be as set forth in Exhibit A, "Scope
and Conditions".
SECTION 5. ACCOUNTING RECORDS
A. Project Accounts. The Grantee agrees to establish and maintain for the Project either a
separate set of accounts, or accounts within the framework of an established accounting system, in a
manner constant with 49 C.F.R. § 18.20, or OMB Circular A-110, Revised, whichever is applicable.
B. Funds Received or Made Available for the Project. Consistent with the provisions of 49
C.F.R. § 18.21, or OMB Circular A-110, Revised, whichever is applicable, the Grantee agrees to
record in the Project account, and deposit in a financial institution Project payments received by it
from the State pursuant to this Agreement and all other funds provided for, accruing to, or otherwise
received on account of the Project (Project Funds). The Grantee is encouraged to use financial
institutions that are owned at least 50 percent by minority group members.
C. Documentation of Project Costs. All allowable costs charged to the Project, including any
approved services contributed by the Grantee or others, shall be supported by properly executed
payrolls, time records, invoices, contracts, or vouchers evidencing in detail the nature of the charges.
The Grantee also agrees to maintain accurate records of all Program Income derived from Project
implementation; this requirement, however, does not apply to income of the Grantee that is
determined by the State to be private.
D. Checks. Orders, and Vouchers. The Grantee agrees to refrain from drawing checks or orders
for goods or services to be charged against the Project account until it has on file in its office a
properly signed voucher describing in proper detail the purpose of the expenditure. The Grantee also
agrees that all checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents
pertaining in whole or in part to the Project shall be clearly identified, readily accessible, and to the
extent feasible, kept separate from documents not pertaining to the Project.
SECTION 6. RECORDS RETENTION
A. Records. During the course of the Project and for three years thereafter, the Grantee agrees to
retain intact and to provide any data, documents, reports, records, contracts, and supporting materials
relating to the Project as the State may require. Reporting and record -keeping requirements for
governmental recipients are set forth in 49 C.F.R. part 18. Reporting and record -keeping
requirements for private non-profit and for-profit recipients, are set forth in OMB Circular A-110.
Project closeout does not alter these requirements.
B. Audit and Inspection.
1. 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 specified in Exhibit B and shall be
completed by the Grantee if it is a State or local government, Indian Tribal government or private
nonprofit organization. Pursuant to FTA criteria, FTA 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 Comptroller General's standards.
2. The Grantee agrees to permit the State, FTA, and the Secretary and the Comptroller
General of the United States, or their authorized representatives to inspect all Project work,
materials, payrolls, and other data, and to audit the books, records, and accounts of the Grantee and
its contractors pertaining to the Project. The Grantee agrees to require each third party contractor
whose contract award is not based on competitive bidding procedures as defined
by the State to permit the inspection of all work, materials, payrolls, and other data, and records
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involving that contract, and to audit the books, records, and accounts involving that contract as it
affects the Project.
3. 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.
4. The Grantee is responsible for obtaining any audits required by FTA 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 7. PAYMENTS AND REPORTS.
A. Requests for Payment The requests for reimbursement for payment of the Federal share of
allowable costs will be paid to the Grantee upon presentation of invoice(s) to the State through the
date set forth in Exhibit A of this Agreement.
B. Allowable Costs. The Grantee's expenditures will be reimbursed if they meet all requirements
set forth below:
1. Conform with the Project Description and the Approved Project Budget and all other
terms of this Agreement;
2. Be necessary in order to accomplish the Project;
3. Be reasonable for the goods or services purchased;
4. Be actual net costs to the Grantee (i.e., the price paid minus any refunds, rebates, or
other items of value received by the Grantee that have the effect of reducing the cost actually
incurred, excluding Program Income );
5. Be incurred (and be for work performed) after the date of this Agreement;
6. Unless permitted otherwise by Federal statute or regulation, conform with Federal
Guidelines or regulations and Federal cost principles as set forth below:
(a) For Grantees that are governmental organizations, the standards of OMB
Circular A-87, Revised, "Cost Principles for State and Local Governments" apply.
(b) For Grantees that are private nonprofit organizations, the standards of OMB
Circular A-122, Revised, "Cost Principles for Nonprofit Organizations" apply.
(c) For Grantees that are private for-profit organizations, the standards of the Federal
Acquisition Regulation, 48 C.F.R. Chapter 1, Subpart 31.2, "Contracts with Commercial
Organizations" apply.
7. Be satisfactorily documented; and
8. Be treated uniformly and consistently under accounting principles and procedures
approved and prescribed by FTA or the State for the Grantee, and those approved or prescribed by
the Grantee for its contractors.
C. Disallowable Costs. In determining the amount of Federal assistance FTA will provide, FTA
will exclude:
1. Any Project costs incurred by the Grantee before the Obligation Date of this Agreement
or Amendment thereof, whichever is later.
2. Any costs incurred by the Grantee that are not included in the Scope of Work.
3. Any cost incurred by the Grantee after the termination date of this Agreement or
Amendment.
The Grantee agrees that reimbursement of any cost under this Agreement does not constitute a final
State decision about the allowability of that cost and does not constitute a waiver of any violation by
the Grantee of the terms of this Agreement. The Grantee understands that the State will not make a
final determination about the allowability of any cost until an audit of the Project has been completed.
If the State determines that the Grantee is not entitled to receive any part of the Federal funds
requested, the State will notify the Grantee stating the reasons therefor. Project closeout will not alter
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the Grantee's obligation to return any funds due to the State as a result of later refunds, corrections or
other transactions. Nor will Project closeout alter the State's right to disallow costs and recover funds
on the basis of a later audit or other review. Unless prohibited by law, the State may recoup any
Federal assistance funds to be made available under this Project as needed to satisfy any outstanding
monetary claims that the State may have against the Grantee. Exceptions pertaining to disallowed
costs are set forth in FTA directives or in other written Federal guidance.
D. Reporting. During the term of this Project, except as provided in (5) below, the Grantee
shall submit requests for reimbursements to the State 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 reimbursement eligibility as
stated in Exhibit A and include at least the following elements:
a. Eligible Project costs indicating the line items that correspond to the budget for this
Project.
b. Operating and financial data, if Section 18 funds are provided.
c. An annual certification of Project equipment if capital equipment was purchased as
part of this Agreement.
3. Requests for reimbursement for Project costs will be paid to the Grantee 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.
4. All requests for reimbursement shall be submitted no later than 60 days following the
incurrence of reimbursable cost for the term of the Project, except as otherwise provided in herein 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 8 of this Contract and may be
denied future grant awards, at the discretion of the State.
5. Notwithstanding any prior termination of this Agreement under Section 8 of this
agreement, if capital equipment is purchased under this Agreement, the Grantee shall continue to
provide the annual certification of Project equipment as above while there is a federal interest in the
equipment, as determined by the State.
SECTION 8. RIGHT OF THE STATE TO TERMINATE.
A. Termination by own terms. This Agreement will terminate by its own terms as set forth in
Exhibit A.
B. For Convenience. The parties may rescind this Agreement and terminate the Project if both
parties agree that the continuation of the Project would not produce beneficial results commensurate
with the further expenditure of funds.
C. For Cause. Upon written notice, the Grantee agrees that the State may suspend or terminate
all or part of the financial assistance provided herein if the Grantee has violated the terms of this
Agreement, or if the State determines the purposes of the statute under which the Project was
authorized would not be adequately served by continuation of Federal financial assistance for the
Project. Any failure to make reasonable progress of the Project or other violation of the Agreement
that significantly endangers substantial performance of the Project shall provide sufficient grounds for
the State to terminate this Agreement. In general, termination of any financial assistance under this
Agreement will not invalidate obligations properly incurred by the Grantee and concurred in by the
State before the termination date, to the extent those obligations cannot be cancelled. However, if the
State determines that the Grantee has willfully misused Federal assistance funds by failing to make
adequate progress, failing to make reasonable use of the Project real property, facilities, or
equipment, or failing to adhere to the terms of this Agreement, the State reserves the right to require
the Grantee to refund the entire amount of Federal funds provided under this Agreement or any lesser
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amount as may be determined by the State.
D. Action upon Termination. Upon termination of this Agreement and the Project under the
provisions of paragraph A, B or C of this Section, the Grantee agrees to return all Project equipment
purchased with Project funds to the State for disposition. The Grantee will also be subject to the
provisions of Exhibit C, Security Agreement, where applicable.
SECTION 9. REAL PROPERTY. EQUIPMENT AND SUPPLIES.
A. Use of Project Equipment. Where appropriate, the Grantee agrees that Project real property,
equipment, and supplies shall be used for the provision of transit services for the duration of their
useful life, as determined by the State. Should the Grantee unreasonably delay or fail to use Project
real property, equipment, or supplies during their useful life, the Grantee agrees that the State may
require the Grantee to return the entire amount of the Federal assistance expended on that real
property, equipment, or supplies. The grantee further agrees to notify the State immediately when
any Project real property or equipment is withdrawn from use in transit service of when real property
is used in a manner substantially different from the representations made by the Grantee in its
Application or the text of the Project Scope of Work.
B. General Requirements. A Grantee that is a governmental entity agrees to comply with the
property management standards of 49 C.F.R. Section 18.31, 18.32, and 18.83, including any
amendments thereto, and other applicable guidelines or regulations that the State may issue. A
Grantee that is not a governmental entity agrees to comply with OMB Circular A-110, Revised,
including any amendments thereto, and other applicable guidelines or regulations that the State may
issue. Exceptions to the requirements of 49 C.F.R. Section 18.31, 18.32, and 18.83, and to OMB
Circular A-110, Revised, must be specifically approved by the State.
C. Maintenance of Project Equipment. The Grantee agrees to maintain the Project real property
and equipment in good operating order, and in accordance with any guidelines, directives, or
regulations that FTA or the State may issue.
D. Title to Project Equipment. Tide 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 Exhibit A, and shall maintain such lien until there is no longer any
Federal interest in the Project equipment or until disposition of the equipment, which ever comes
first. The Grantee shall comply with the provisions of the Security Agreement set forth in Exhibit C.
SECTION 10. ENCUMBRANCE OF PROJECT PROPERTY.
A. Unless expressly authorized in writing by the State, the Grantee agrees to refrain from:
(1) Executing any transfer of tide, lease, lien, pledge, mortgage, encumbrance, contract, grant
anticipation note, alienation, or other obligation that in any way would affect the Federal interest in
any Project real property or equipment, or
(2) Obligating itself in any manner to any third party with respect to Project real property or
equipment.
B. The Grantee agrees to refrain from taking any action or acting in a manner that would
adversely affect the Federal interest or impair the Grantee's continuing control over the use of
Project real property or equipment.
SECTION 11. FLOOD HAZARDS. The Grantee agrees to comply with the flood insurance
purchase requirements of section 102(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. §
4012(a), with respect to construction or acquisition Project.
SECTION 12. PROCUREMENT
A. Purchase of Project Equipment. Project equipment includes any equipment item with a unit
cost of $500 or more and a useful life exceeding one year. The Grantee agrees that all purchases of
Project equipment, financed in whole or in part pursuant to this Agreement by the State or the
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Grantee, will be in accordance with Colorado Department of Transportation guidelines, applicable
State law, and the standards set forth in 49 C.F.R. Part 18 or OMB Circular A-102, as may be
applicable, and with any supplementary directives or regulations including FTA Circular 4220.1B,
and any revisions thereof, as may be applicable. The Grantee agrees to use Project funds for capital
equipment only as described in Exhibit A, "Scope of Work", and Special Conditions.
B. Insurance.
I The Grantee agrees to carry the following minimum amounts of Worker's Compensation
in statutory limits.
2. Grantees receiving Federal funding for capital equipment and/or operating assistance
agree to:
(a) Maintain Comprehensive General and Automobile Liability Policy for amounts not less
-than: Bodily Injury, $400,000 each occurrence; Property Damage, $400,000 each occurrence; or
$500,000 combined single limit.
(b). Maintain the insurance 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
performance of the Project.
(c). submit annually to the State within 30 days of the issuance of each insurance policy
Certificates showing the Grantee is carrying the above described insurance.
(4). Name the State as loss payee on the policies for equipment purchased with Project
-funds and evidence of such will be submitted to the State annually.
C. 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 the State 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.
ID. Buy America. Each third party contract utilizing FTA funds must comply with Section 165 of
the Surface Transportation Assistance Act of 1982, as amended, FTA regulations, "Buy America
Requirements - Surface Transportation Assistance Act of 1982," 49 C.F.R. Part 661 and applicable
revisions thereto, and any implementing guidance issued by FTA.
E. Cargo Preference - Use of United States - Flag Vessels.
Pursuant to regulations published at 46 C.F.R. Part 381, the Grantee shall obtain from the State
appropriate references and clauses to be inserted in all contracts it awards in which equipment,
materials or commodities may be transported by ocean vessel in carrying out the Project.
F. Bus Testing. To the extent applicable, the Grantee agrees to comply with FTA regulations,
"Bus Testing," 49 C.F.R. Part 663, and any revisions thereto.
G. Preaward and Postdelivery Audit. To the extent applicable, the Grantee agrees to comply with
FTA regulations "Pre -Award and Post -Delivery Audits of Rolling Stock Purchases," 49 C.F.R. Part
663, and any revisions thereto.
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, "Governmentwide Debarment and Suspension (Nonprocurement) and Government wide
Requirements for Drug -Free Workplace (Grants)," 49 C.F.R. Part 29.
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J. Settlement of Third Party Contract Disputes or Breaches. The term third -party contract, as used
in this Agreement, is defined as a contract between the Grantee and any subcontractor from which the
Grantee has procured a good and/or service commercially from the subcontractor through written
agreement. The State has a vested interest in the settlement of disputes, defaults, or breaches
involving any federally -assisted third party contracts. The State retains the right to a proportionate
share, based on the percentage of the federal share committed to the Project, of any proceeds derived
-from any third party recovery. Therefore, the Grantee shall avail itself of all legal rights available
under any third party contract. The Grantee shall notify the State of any current or prospective
litigation or major disputed claim pertaining to any third party contract. The State reserves the right
to concur in any compromise or settlement of the Grantee's claim(s) involving any third party
contract, before making federal assistance available to support that settlement. If the third party
contract contains a liquidated damages provision, any liquidated damages recovered shall be credited
to the -Project account involved unless the State permits otherwise.
SECTION 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 immediately and provide a detailed report.
The rights and responsibilities of the Grantee, third party contractors and the State with respect to
such invention, improvement or discovery will be determined in accordance with applicable federal
laws, regulations, policies, and any waivers thereof.
B. The Grantee agrees to include the requirements of Section 13.A of this Agreement in its third
party contracts under this Project.
SECTION 14. RIGHTS IN DATA and COPYRIGHT.
A. The term "subject data" as used herein means recorded information, whether or not
copyrighted, that is delivered or specified to be delivered under this Agreement. The term includes
graphic or pictorial delineations in media such as drawings or photographs; text in specifications or
related performance or design -type documents; machine forms such as punched cards, magnetic tape,
or computer memory printouts; and information retained in computer memory. Examples include,
-but are not limited to: computer software, engineering drawings and associated 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 Project administration.
B. The following restrictions apply to all subject data first produced in the performance of this
Agreement:
(1) Except for its own internal use, the Grantee shall not publish or reproduce subject data
in whole or in part, or in any manner or form, nor may the Grantee authorize others to do so,
without the written consent of FTA until such time as FTA may have released such data to the public;
this restriction, however, does not apply to Agreements with academic institutions.
(2) As authorized by 49 C.F.R. § 18.34, the FTA reserves a royalty -free, nonexclusive, and
irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal
Government purposes:
(a) Any work developed under a grant, cooperative agreement, sub -grant, or third
party contract, irrespective if whether or not copyright has been obtained; and
(b) Any rights of copyright to which a Grantee, subrecipient, or a third party
contractor purchases ownership with Federal assistance.
C. When the State and FTA provide assistance to a Grantee for a Project involving planning,
research, development or a demonstration, it is generally the State's and FTA's intent to increase the
body of transportation knowledge, rather than to limit the benefits of the Project to those parties that
9
have participated therein. Therefore, unless the State and FTA determines otherwise, the Grantee of
FTA assistance to support planning, research, development, or a demonstration financed under the
Federal -Transit Act, asamended, understands and agrees that, in addition to the rights set forth in this
Agreement, the State and FTA may -make available to any FTA recipient, subrecipient, third party
contractor, either FTA's license in the copyright to the subject data derived under this Agreement Dr
a copy of the subject data first produced under this Agreement. In the event such a Project, which is
the subject of this Agreement, is not completed, for any reason whatsoever, -all data generated under
that -Project shall become subject data as defined in Section 14.a. of this Agreement and shall be
delivered as the State or FTA may direct. This section does not apply to adaptations of automatic
data processing equipment or programs for the Grantee's use which costs are financed with capital
funds (Section 3, 9, 16, 18, or the Federal Transit Act, as amended, or Title 23 funds.)
D. Unless prohibited by state law, the Grantee agrees to indemnify and save and hold harmless
YTA, 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. The Grantee shall not be required to indemnify the State for any such liability arising put
of the wrongful acts of employees or agents of the State.
E. Nothing contained in this section on rights in data shall imply a license to the -State under any
patent or be construed as affecting the scope of any license or other right otherwise granted to the
State under any patent.
F. Subsections C and D above are not applicable to material furnished to the Grantee by the State
and incorporated in the work furnished under the Agreement; provided that such incorporated material
is identified by the Grantee at the time of delivery of such work.
G. Unless the State determines otherwise, the Grantee agrees to include the requirements of
Section 14.a through 14.f in its third -party contracts for planning, research, or demonstration under
this Project.
SECTION 15. CIVIL RIGHTS
A. Equal Employment Opportunity. The following requirements apply to the Project:
(1) In implementing the Project, the Grantee may not discriminate against any employee or
applicant for employment because of race, color, creed, sex, disability, age, or national origin. The
Grantee agrees to take affirmative action to ensure that applicants are employed, and that employees
are treated during employment, without regard to their race, color, creed, sex, disability, age, or
national origin. Such action shall include, but not be limited to, the following: employment,
upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates
ofpay or other forms of compensation; and selection for training, including apprenticeship. The
Grantee shall insert the foregoing provisions (modified only to show the particular contractual
relationship) in all its third party contracts for Project implementation, except contracts for standard
commercial supplies or raw materials and construction contracts, and shall require all such contractors
to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies
or raw materials.
(2) If, as a condition of assistance, the Grantee has submitted and the State and FTA has
approved, an equal employment opportunity program that the Grantee agrees to carry out, such
program is incorporated into this Agreement by reference. Such program shall be treated as a
contractual obligation; and failure to carry out the terms of that equal employment opportunity
program shall be treated as a violation of this Agreement. Upon notification to the Grantee of its
failure to carry out the approved program, the State and FTA will impose such remedies as they may
deem appropriate, which remedies may include termination of financial assistance as set forth in
Section 8 of this Agreement or other measures that may affect the ability of the Grantee to obtain
10
future financial assistance under the Federal Transit Act, as amended; Title 23, United States Code
(Highways), or theIntermodal Surface Transportation Efficiency Act of 1991, Pub. L. 102=241), 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 comply with current U.S. DOT regulations at -49 C.F.R. -Part 23,
including any amendments that may be issued during the -term of this Agreement.
(2) The Grantee agrees that it shall -not discriminate on the basis of race, color, national
origin, or sex, in the award and performance of any U.S. DOT assisted -contract. The Grantee agrees
to take all necessary and reasonable steps under 49 C.F1t. 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 CF.R. Part 23 and as approved byte U.S. DOT, is incorporated by
_reference in this Agreement. Implementation of this program is a legal obligation and failure to carry
out its terms shall be treated as a violation of this Agreement. Upon notification to the Grantee of its
failure to -carry out its approved program, the U.S. DOT may impose sanctions as provided for under
-49 C.F.R. Part 23.
(3) The Grantee agrees to include the following clause in all agreements between the Grantee
and subrecipients and in all third party contracts assisted by theFT-1 between the Grantee or
subrecipients and thirdparty contractors:
The (Contractor, Subrecipient, or Subcontractor) shall not discriminate on the basis of
_race color, national origin, or sex in the performance of this (contract or agreement). The recipients
of 49 C.F.R. Part 23 and the grantee's U.S. DOT -approved Disadvantaged Business Enterprise
(DBE) Program (where required) are incorporated in this (contract or agreement) by reference.
Failure by the (Contractor, Subrecipient, or Subcontractor) to carry out these requirements is a
material breach of this (contract or agreement), which may result in the termination of this (contract
or agreement or such other remedy as (the Grantee) deems appropriate.
(4) The Grantee agrees to treat lessees as follows:
(a) The Grantee agrees not to exclude DBEs from participation in business
opportunities by entering into long-term, exclusive agreements with non -DBEs for the operation of
major transportation -related activities for the provision of goods and services to the facility -or to the
-public on the facility.
(b)Except as provided in this Section, the Grantee agrees to include lessees in its
affirmative actionprograms. The requirements of 49 C.F.R. Part 23, do not apply to lessees, except
for the requirement that lessees avoid discrimination against DBEs.
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. § 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. Part21.
17. Access Requirements for Individuals with Disabilities. The Grantee agrees to comply with,
and assure that any subrecipient, or third party contractor under this Project complies with all
applicable requirements of the Americans With Disabilities Act of 1990 (ADA), 42 U.S.C. § § 12101
-et m[. ; section 504 of the Rehabilitation Act of 1-973, as amended, 29 U.S.C. § 794; and the
following regulations and any amendments thereto:
1.1J.S. DOTregulations, "Transportation Services for Individuals with Disabilities (ADA),"
49 C.F.R. Part 37;
2. U.S. DOT regulations, "Nondiscrimination on the Basis of Handicap in Programs and
Activities Receiving or Benefitting from Federal Financial Assistance," 49 C.D.R. Part 27;
11
3. U.S. DOT regulations, "Americans With Disabilities (ADA) Accessibility Specifications
for Tr-ansportation Vehicles," 49 C.F.R. Part 38;
4. Department ofJustice (DOJ) regulations, "Nondiscrimination of the Basis of Disability in
State -and Local Government Services," 28E.F.R. Part 35;
5. DOJ Regulations, "Nondiscrimination on the Basis of Disability by Public
Accommodations and in Commercial Facilities," 28 CF.R. -Part 36;
6. General Services Administration regulations, "Construction and Alteration of Public
Buildings," "Accommodations fortheph'ysically Handicapped," 41 C.F.R. Part 101-19;
7. Equal Employment Opportunity Commission (EEOC) "Regulationsto Implement the
Equal Employment Provisions of the Americans with Disabilities Act," 29CF.R. Part 1630;
8.Federal Communications Commission regulations, "Telecommunications Relay Services
and Related Customerlremises Equipment for the Hearing andSpeechDisabled," 47 C.F.R. -Part 64,
Subpart F; and
9.FTA regulations, "Transportation for Elderly/Handicapped Persons,"49 CF.R. Part 609.
SECTION 16. ENVIRONMENTAL. RESOURCE CONSERVATION. ANDENERGY
REOUIREMENTS. The Grantee recognizes that many FederalandState statutes imposing
environmental, resource conservation, and energy requirements may apply to the Project. Some, but
not all, of the major federal laws that may affect the Project include: the National Environmental
Policy Act of 1969, 42 U.S.C. §§ 4321 et seq. , the Clean Air Act, as amended, 42 U.S.C. §§ 7401
et seq. -and scattered sections of 29 U.S.C.; the Clean Water Act, as amended, scattered sections of
33 U.S.C. and 12 U.S.C., the Resource Conservation -and Recovery Act, asamended, 42 U.S.C. §§
6901 et sea.: and the Comprehensive -Environmental Response, Compensation, and Liability Act, as
amended, 42 U.S.C. §§ 6901 et seq. The Grantee -also -recognizes that the -Environmental -Protection
Agency (EPA), the Federal Highway Administration (FHWA) and other agencies of the Federal
Government have issued and are expected in the future to issue requirements in the form or
regulations, guidelines, standards orders, or other directives that may effect the Project. Accordingly,
the Grantee agrees to adhere to, and impose on its subrecipients, any such Federal requirements, as
the Government may now or in the future promulgate. Listed below are requirements of particular
concern to ETA. The Grantee expressly understands that this list does not constitute the Grantee's
entire obligationto meet Federalsequirements.
A. Air Duality. The Grantee agrees to comply with applicable requirements for EPA regulations,
"Conformity to State or Federal -Implementation Plans if Transportation Plans, Programs, and -Projects
Developed, Funded or Approved Under Title 23 U.S.C. or the -Federal Transit Act, "40 C.F.R., Part
51, Subpart T, -and "Determining Conformity of Federal Actions to State or federal Implementation
Flans," 40 C.F12.Fart-93. To support the requisite air quality conformity finding for the Project,
the Grantee agrees to implement each air quality -mitigation and control measure incorporated in the
Project. The Grantee agrees that any Project identified in an applicable State Implementation Plan
(SIP) as a Transportation Control Measure, will be wholly consistent with the description of the
design concept and scope of the Project set forth in the SIP. EPA also imposes requirements
pertaining to the Clean Air, as amended, that -may apply to transit operators, particularly operators of
large transit bus fleets. Thus, the Grantee should be aware that the following EPA regulations,
among others, may apply to its Project: "Control of Air Pollution From Motor Vehicles and Motor
Vehicle -Engines," C.F.R. Part 85; "Control of Air Pollution From New and In -Use Motor Vehicles
and New and In -Use Motor Vehicle Engines: Certification and Test Procedures," 40 C.F.R. Part 86;
and "Fuel Economy of Motor Vehicles," 40 C.P.R. Part 600.
B. Energy Conservation. The Grantee and its third party contractors shall comply with mandatory
standards and policies relating to energy -efficiency that are contained in applicable State energy
conservation plans issued in compliance with the Energy Policy and Conservation Act 42 U.S.C. §§
6321 et seq.
12
_SECTION 17. PRIVACY. Should the Grantee, its thirdparty contractors, subrecipients, or their
-employees administer any system of records on behalf of the Federal Government, the Privacy Act of
1974 (the ACT), 5 U.S.C. § 552a, imposes information restrictions on the party managing the
system of records.
A. For the purposes of the Act, when the Agreement involves the operation of a system of records
on individuals to accomplish a State function, the Grantee and any third party contractors,
subrecipients and their employees involved therein are considered to be State employees with respect
to the State function. The requirements of the Act, including the civil and criminal penalties for
violations of the Act, apply to those individuals involved. Failure to comply with the terms of the
Act or this Section 20 will make this Agreement subject to termination.
B. As used in this Section 20:
1. "Operation of a system of records" means performance of any of the activities associated
with maintaining the system of records on behalf of the State 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 Grantee on behalf of the State, including, but not limited, to, his or her
education, financial 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 of any records under the control of the
Grantee on behalf of State 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.
C. 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 accomplish a government function;
2. To notify the State when the Grantee or any of its third party contractors, subrecipients,
ar 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 comply with all applicable terms of the Act;
3. To 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 accomplish 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 an individuals to accomplish a Government function subject to the
Privacy Act of 1974, 5 U.S.C. § 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
which 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.
SECTION 18. SUBSTANCE ABUSE. The Grantee agrees to comply with U.S. DOT regulations,
"Drug -Free Workplace Requirements (Grants)," 49 C.F.R. Part 29, SubpartF; and other U.S. DOT
13
and FTA regulations and guidance pertaining to substance abuse (drugs and alcohol that may be
promulgated.
SECTION 19. SEVERABILITY. If anyprovision 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 20. MISCELLANEOUS.
A. The Special Provisions attached 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.
SECTION 21. SCHOOL BUS OPERATIONS. Neither the Grantee nor any mass transit operator
that acts on -behalf of a Grantee may engage in school -bus operations exclusively for the transportation
of students or school personnel in competition with private school bus operators, except as provided
in Section 3(g) of the Federal Transit Act, as amended, 49 U.S.C. app. § 1602(g), and FTA
regulations "School Bus Operations," 49 C.F.R. P -art 605, and any amendment s thereto that may be
issued. Any school bus agreement entered into under these regulations is incorporated into This
Agreement by reference.
SECTION 22. LABOR PROTECTION. 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 23. CHARTER SERVICE OPERATIONS. Neither the Grantee nor any mass transit
operator that acts on behalf of a Grantee may engage in charter bus service operations except as
provided under section 3(f) of the Federal Transit Act, as amended, 49 U.S.C. app. § 1602(f), and
FTA regulations "Charter Service, 49 C.FIR. Part 604. Any charter service agreement entered into
under these regulations is incorporated into this Agreement by reference.
1-4
v /aal)
IN WITNESS WHEREOF, the parties hereto have executed this
agreement the day and year first above written.
ATTEST:
L 4Lry��
Chief Clerk
APPROVED:
CLIFFORD W. HALL
State Co:yt7roller
By
9,GL4-474Y By
By
STATE OF COLORADO .
ROY ROMER, GOVERNOR
Division Director
Division of Transportation
Development
GALE A. NORTON
Attorney General
BARRY B. AN
Assistant Attorney General
Natural Resources Section
FOR THE GRANTEE:
WELD COUNTY, COLORADO
WELD
L_Q O tn.. . DEPUTY By
EC DONALD D�_WARDEN
09/11/95
Name DALE R. HALL
Title WELD COUNTY CLERK TO BOARD Title CHAIRMAN
SIONERS
11,•••• SPECIAL
SPECIAL PROVISIONS
CONTROLLER'S APPROVAL.
I. This contract shall not he deemed valid until It shall hambeen approved by the Controller tithe 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 aunt fiscal year arc contingent upon funds for that
purpose being appropriated. budgeted and otherwise made available,
BOND REQUIREMENT
3.
es th contract involve payment of more tan fi ty thousand dollars for the construction,on, erection. rep , aahunance, or 'movement excavationg,road,bridge,viaduct, tunnel,excavationvation or other public
works far
wou.d YtseMe, the
deliver torto adafikwi reentering
the
h the official petfose ate of any such work -included -indecon-
and suffcientbond orother accepablesullytobe ssaid official
in a appears penal
sasuns the State. good
lair of the total amount payable by the terms of this contract. Such bond shall be duly executed
at less than a one.
corporate surety, conditioned far the due and faithful�� by a 9�dide
that if the contractor or his satperformance labor canna. and in hiri,isusshag eetp oe
visions, provendor or otherbsonUutdofails duly pay for anylabor,
or his
b Wmhim,suereraace of
supplies used oreoasrmned by such contractor or his sdbMtrae W rids pa{msasce of -the work contracted to he done, the surety will pay the same in an amount not exceeding the sum spmrsed in the
bond, together with interest at the rate cle *ht per cent per annum. Unless such bond, when so required, is
csecut l. delivered and filed, no claim its favor of the contractor arising order this contract shall be reed.
allowed or paid. A certified or cashier's cheek ore bask 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. Totheextent authorized by law, the contractor shall indemnify, save and hold -harmless the State, its
and employees and agents, against any and all claims, damages, liability and court await including coats, cyclists. attorney fees incurred as a result of any act or omission by the contractor, efts 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 CRS amended,19ther applicable law respecting discrimination and unfair employment practices (24-34402.
dated Replacement Vol.). and as required by Executive Order, Equal Opportunity and Affirmative Action,
April 16. 1975. Pursuant thereto, the following provisions shall be contained in all Store connotes or
sab-contmccr.
During the performance of this contract, the contractor agrees as follows:
(I ) The contractor will not discriminate against any employee or applicant for a ployment because of
rice, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical hanSrsp, or
age. The contractor will take affirmative action to insure that applicants are employed, and that employees
arctreated during employment, without regard to the above mentioned
include, but not be limited to the following characteristics. ion, Such action m ntor
recruitment advertising: lay-ofrs or terminations ratesofupgrading, �� 'oor comptransfensation:
on-recand
c-
selec-
tion for training including a ply a to
forms ic osplce_ and apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the
contracting provisions of this non-olsauninatio clause officer setting
(2) The contractor will, in all solicitations or advertisements for ernployees planed by or on behalf of the
contractor, stale that all qualified applicant' will receive consideration for employm
ent without regard race, , a. raced. rxnor, national origin.igin, sex, marital status, religion, ancestry, .mental or tar physical
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 waters' representative of the contractor's commitunent under the Executive
Order. Equal Opportunity and Affirmative Action, dated April 16. 1975, and of the rules, regulations, and
relevant Orders of thc 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
tht e te, orpursuanf thereto, and will permit access to his books, records, and accounts by the con-
ingagency and the office of the Governor or his designee for purposes of investigation to ascertain
compliance with such rules, regulations and orders.
(5) ALibor 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 oreoerce 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 contractor any order issued thereunder, or attempt, either directly or
indirectly, to commit any act -defined in this contract to be discriminatory.
395-53-01.1022
page —1_ of _.2 -- paces
Fonn 6 -AC -02C
(7) In the event of the contra6)es nopia
con-
tract or with any of such rules, ons.«oderst is contracteO may canition ,termi afdoksd the contactoom ybe deemaybe cancelled, fuhrStmimtetafws-
pendcd is whole or in put and the contactor any be dedarcd'ine6y'bk for further State contracts in
accordancewith procedures, authorized in Executive Order,Equal Opportunity and Affirmative
Actiono(April 16, 1975 and the odes, regulation, orcorns 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, pr by rules, regulations, or orders
promulgated In accordance therewith, or as otherwise provided by law.
(8) The contractor will include the provision of paragraph(1) through(8) in every sub -contract and
subcontractor purchase order unless exempted •by sines, repletion, or orders issued pursuant to
Executive Order, Equal Opportunity and Affuntative Action of April 16, 1975, so that suds provisions
will be binding upon each subcontractor or vendor. The contractor nil take such action with respect to
any subcontracting er purchase older,= the cantracan agency may Micas, as a aseaas of enfancirtg
such pmwsions, including attains for an ... nn.puree • provided, however, that in the event the con-
_ tra to(baxxnes Involved rnartsthreatatcdwith, nigativa with thesubcontractoror vendor as a result
of such diraYmn by titq contracting agenC%the contractor. may request the State of Colorado to enter
irate such Ifigation io rionet(deYnterest&the State of Colorado.
COLORADO LABORL.PREFERENCEtee z.+sva'n; -, * , .
a- , ..,f,, 44* ,. .(rwarail rei lefiktret'<. .. ..: Pv 4-4 ..S:Y.:-ass,, 3t-4,' i'}��� (C . ->:
b. When a construction'Coavct f aor asp ible y.qJ is to'be awarded to a bidder. a resident bidder shall be
allowed a preference agarmt a non-resddtHolder fram'a state or foreign amnia equal to the preference given or
required by the state or foreipt'country in'i tick tie bonasideat bidder Is a-residem, If it is ddtennined by the
officer responsible furawardingthe bidthatconpfrance nththissubsection A6 may cause denial of federal funds
-which would otherwise be available orwould °theo isebein'onsistem'with requirements of federal law, this sub-
section shall be suspe ded:but only. :to -the : elandaccessary 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
interpretstion.'e:autian and tttfor'ament-ofthis'eoatsad:-Any provision of this contract whether or not incor-
porated herein by reference which providaforarbitralion by any extrajudicial body or person or which is other-
wise in conflict with said-laws:rues and regulations shall be considered null and void. Nothing contained in any
• provision incorporated herein by reference which purports tonegate this or any other special provision in whole or
in n:rn shall be valid or enforceable or available in any action at lawwhcfher by way of complaint, defense or other-
wise. Any provision rcndcrcd null and void by the Operation of this provision will not invalidate the remainder of
this contract to the extern .that the contract is capable:of,execution.•
8. At all times dung thhe performance didis Contraet, the Contractor shall strictly adhere to all applicable
federal and state hws rales yd- tegu'Atwnlliwt joie been" or ma"hereafterbe established
tlr e, ioroe a;%+. a, L..» tt.,Y rr L..C3:5, t. . , • .
9. The signatarics hereto aver that they arc familiar with 18.8-301, et seq., (Bribery and Corrupt Influences)
and I g 8A0I, etsal.. (Abuse of Public Office), CRS 1978 Replacement Vol., and that no violation of such pro-
visions is present
10: The signztarie:"aver shame their knowledge, ao state implo ee has a
what-
soever in the services , Personal or beneficial interest -ProPertY.daaibed:liercin: ��-;� „•::'•:.. :. .
WITNESS WHEREOF. the parties hereto have executed this Contract on the day first a
Position (Title)
%.o. sra., Kahn„.. WI in Menke
(If Cogioratitn.)
Attest (Sean •
ATTORNEY
13)
t-,
"-STATE OF COLORADO
RICHARD D. LAMM
,,.a &r.:gAPPROVALS, -.
r'' .,c.+ :CONTROLLER,
EXHIBIT A
SCOPE OF WORK AND CONDITIONS
WELD COUNTY
A. Standards of Performance.
1. The Grantee will provide a minimum of 18,305 one-way passenger trips per month
(averaged quarterly), at a maximum operating and administrative cost of $4.24 per
trip and a minimum rate of 0.26 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 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 causels) of the substandard
performance, which shall include a written plan for improving performance.
c. The State will review the plan for improvement and notify the Grantee of its
approval within 21 days.
d. If the plan is approved by the Department, the Grantee will implement the
plan immediately upon receipt of the State's notification. If the plan is not
approved by the Department remedial measures will be determined on a case by
case basis. Such remedial measures may include termination of this Agreement
and return of the grant funds or capital equipment purchased with such funds, in
accordance with the terms of Section 8.
B. Proiect Budget.
1. The net Project cost is estimated to be and shall be shared as follows:
GBL
Capital Cost
(TY 831
Federal Share (70%) $5,050
Local Share (30%) 2.164
TOTAL $7,214
2. The Project Cost shall not exceed the maximum allowable cost of $7,214. The
State will pay no more than 70% of only the eligible, actual capital costs up to the
maximum federal amount of $5,050. The Grantee shall be solely responsible for all
costs incurred in the Project in excess of the amount paid by the State from federal
funds for the federal share of eligible, actual costs. In the event the final, actual
Exhibit A
Page 2
Project cost is less than the maximum allowable cost of 57,214, the State is not
obligated to provide any more than 70% of the eligible, actual capital costs and
shall retain the remaining balance of the federal share.
3. Up to one half of the Grantee's share for the capital expenses may be provided from
unrestricted federal funds. At least one half must be from sources other than
federal funds. The Grantee's Share, together with the Federal share, shall be in an
amount sufficient to assure payment of the net Project cost. The State shall have
no obligation to provide State funds for use on this Project. The State will
administer federal funds for this Project under the terms of this Agreement, provided
that the federal share of FTA funds to be administered by the State are made
available and remain available. In no event shall the State have any obligation to
provide State funds or provide federal FTA funds for the Grantee's share of the
Project. The Grantee shall initiate and prosecute to completion all actions necessary
to enable the Grantee to provide its share of the Project costs at or prior to the time
that such funds are needed to meet Project costs.
4. No refund or reduction of the amount of the Grantee's Share to be provided will be
allowed unless there is at the same time a refund or reduction of the federal share
of a proportionate amount.
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. 1995 and within the limits of Section 3 of this Agreement.
D. Contract expiration. The Agreement shall expire when the capital equipment no longer
has a federal interest, as determined by the State.
E. Proiect Description. The Grantee shall perform all the Project activities generally
described in the application for funding submitted to the State on April 15, 1995, and
as specifically described below. That application is incorporated herein by reference to
the extent consistent with this Agreement.
The Grantee will provide service to the following towns at the indicated frequencies:
Eaton (twice a month); Ault (once a week); Windsor (once a week with one additional
day per month); Johnstown (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); Lochbuie (once a month); Kersey (once a week); Gilchrist (once a week);
Severance (as needed); Hill N Park (once a week); Nunn (as needed).
The Grantee will advertise its service as available to the general public. Service will not
be explicitly limited by trip purpose or client type. The Grantee may provide the
described Section 18 public transportation service on vehicles funded by Section 16 so
long as the percentage of non -elderly and non -disabled trips does not exceed 20%.
Exhibit A
page 3
The capital funds will be used to purchase mobile radio units for use in the Grantees
vehicles. The Grantee may also use the funds for related equipment costs, including
antennas, power supply, installation and extended warranty.
The federal interest will remain with the mobile radio units for 3 years from the date of
purchase. When the invoice is submitted for reimbursement, it will include the
individual unit serial number. The radio units will be checked at the time of any site
visit.
The Grantee will provide comparable demand service to persons with disabilities as
required by the Americans With Disabilities Act.
Exhibit B
Page 1
GUIDANCE FOR AUDIT OF GRANTEE COMPLIANCE
WITH FTA REQUIREMENTS
Federal Domestic Assistance Catalog No. 20.509
I.1 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 Transportation is the state
agency designated by the Governor to apply for and administer the funds. The Department, the
recipient, awards funds to subrecipients, hereinafter referred to as Grantees, on a competitive
basis.
III. COMPLIANCE REOUIREMENTS AND SPECIAL AUDIT PROCEDURES
A. Matching 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 20 percent and must be in cash.
The equipment purchase(s) must be consistent with the equipment specified in the
Agreement's Scope of Work and Conditions (Exhibit A). Capital equipment is defined as any
item costing over $500 with a useful life of over one year.
The minimum local match for administrative expenses is 30 percent. In general,
administrative costs include the salaries of administrators and fiscal personnel, advertising,
and overhead. No capital equipment purchases can be charged to administrative costs.
The local match for operating and administrative assistance can be in the form of documented
in -kind contributions. All local match must be expended for the Project, as described in
Exhibit A. Local match cannot be used to match other programs. Up to 50 percent of the
local match can be derived from unrestricted federal sources.
Exhibit B
Page 2
Suggested Audit Procedures:
o Examine the Scope of work and Conditions (Exhibit A).
o Ascertain the total Project cost.
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
Compliance Requirement: Expenditures made by the Grantee and charged to the Project must
meet the requirements set forth in Section 7 of this Agreement. In general, costs which are
not allowable include entertainment, depreciation, interest, fines and penalties, fund raising
expenses, and costs related to providing services in urbanized areas (areas with a population
over 50,000, which include the metropolitan areas of Boulder, Colorado Springs, Denver,
Fort Collins, Grand Junction, Greeley, Longmont and Pueblo.) The Grantee shall determine
the costs of serving urbanized areas based on that percentage of passenger trips provided in
urbanized areas as compared to those provided in nonurbanized areas.
Grantees serving resort areas and providing seasonal levels of service may only be reimbursed
at that level of service provided year round, based on the average of the low quarter's
monthly service hours applied to annual costs.
Grantees submit monthly (or quarterly) reimbursement requests to the State. On that report
Grantees indicate total transportation costs, which may include costs not related to the Project.
The "Amount to be shared by FTA" columns represent the Project costs and may not include
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:
o Review Section 7 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 FTA"
columns.
Exhibit B
Page 3
r
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 5 of this
Agreement.
Suggested Audit Procedures:
o Review Section 5 of this Agreement.
o Ascertain whether the Grantee's procedures and records are in compliance.
20
mEmoRAnDum
COLORADO
Dale K. Hall, Chairman
Board of County Commissioners August 29, 1995
To Date
Walter J. Speckman, Executive Director, Human Resources
From
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 Services $5,050 of federal
funds to purchase capital equipment (van two way radios) for the Weld
Transportation Program.
The terms of this contract will commence from the time of signature by
authorities at the Department of Transportation through December 31, 1995.
Please call Linda Piper at 353-3816, extension 3320, if you have further
questions.
951915
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