HomeMy WebLinkAbout952396.tiff RESOLUTION
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 for Federal Transit
Administration monies 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,
commencing January 1, 1996, with further terms and conditions being as stated in said agreement,
and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Agreement for Federal Transit Administration monies 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 4th day of December, A.D., 1995.
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, CO ORADO
1/
Dale,K. Hall, Chairman
• ty Clerk to the Board
` . �Barbr J. Kirkmeyer, o-Tem
Deputy Cl.‘ to the Boardtt
George L. Baxter
AP AS TO FOR ��B9LtiZiu r Ci� iz-���r f
Constance L. Harbert Q GG
orneyC i 1A L f/
W. H. ebster
952396
HR0066
itiLD
AGREEMENT
THIS AGREEMENT, made this 29Th day of_J O nua r� 19 `h 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 9877 and 9878 and 9879 , Appropriation Code
415 , Program Code 5000 , Function Code 1510 , Object Code 5180 1 N , GBL Code MN83
and MP 83 and MY 83, Reporting Code 0510 , FEIN Number 846000813 0, Encumbered Amounts
$ 7,857 and $67.800 and $ 8.588 , 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", and the most current "Master Agreement" between the
FTA and the State, which are incorporated herein by reference.
B. Application of Federal, State. and Local Laws and Regulations.
1. Pursuant to Federal. State, and Local Law. In performance of its obligations under this
Agreement, the Grantee shall comply with all applicable provisions of federal, state, and local law.
All limits or standards set forth in this Agreement to be observed in the performance of the Project
are minimum requirements, and all more stringent State or local standards as outlined in the body of
this Agreement shall be applicable to the performance of the Project.
2. Revisions in Laws and Regulations. The Grantee acknowledges that Federal laws,
regulations, policies, and related administrative practices applicable to the Project on the date that this
Agreement is executed may be modified from time to time. The Grantee agrees that the most recent
of such Federal requirements will govern the administration of the Project at any particular time,
except if the FTA or the State issues a written determination otherwise. Such written determination
might take the form of a Special Condition or Requirement added to this Agreement, the language of
which modifies or otherwise conditions the text of a particular provision in the Master Agreement.
Specifically, new Federal laws, regulations, policies, and administrative practices may be promulgated
after the date this Agreement is executed, and may, by their terms, apply to this Agreement. To
achieve compliance with changing Federal requirements, the Grantee agrees to include notice in each
third party contracts under the Project that Federal requirements may change and the changed
requirements will apply to the project as required, unless the FTA or the State determines otherwise.
3. 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.
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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.
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
conflict 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.
(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 organisational 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
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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. Emnloyee 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
with this Project, the State reserves the right to impose on the Grantee the penalties of 18 U.S.C. §
1001, 31 U.S.C. §§ 3801 et seq., and 49 U.S.C. app. § 1607a(h), as the State 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 AND LOCAL SHARE. The Project budget shall be as set
forth in Exhibit A, "Scope and Conditions". Except as permitted otherwise by Federal law, the
Grantee agrees to provide sufficient funds or approved in-kind resources, together with the Federal
financial assistance awarded herein, to assure payment of the actual cost of this Project. The Grantee
agrees that no local share funds will be derived from revenues obtained from using the Project
facilities, equipment or operations, nor shall other Federal funds be used except as otherwise provided
in Exhibit A. The Grantee agrees to complete all proceedings necessary to provide the local share of
the Project costs at or before the time those funds are needed to meet Project expenses.
SECTION 5. ACCOUNTING RECORDS
A. Project Accounts. The Grantee agrees to establish and maintain for the Project either a
separate set of accounts, or accounts within the framework of an established accounting system, in a
manner constant with 49 C.F.R. § 18.20, or OMB Circular A-110, Revised, whichever is applicable.
B. Funds Received or Made Available for the Proiect. 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.
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SECTION 6. REPORTING. RECORD RETENTION. AND ACCESS.
A. Record Retention. During the course of the Project and for three years thereafter, the Grantee
agrees to retain intact and to provide any data, documents, reports, records, contracts, and supporting
materials relating to the Project as the State may require.
B. Access to Records. Upon request, the Grantee agrees to permit the Secretary of Transportation
and the Comptroller General of the United States, or their authorized representatives, to inspect all
Project work, materials, payrolls, and other data, and to audit the books, records, and accounts of the
Grantee and its subcontractors pertaining to the project. The Grantee agrees to require each third
party contractor whose contract award is not based on competitive bidding procedures as defined
by the State to permit the inspection of all work, materials, payrolls, and other data, and records
involving that contract, and to audit the books, records, and accounts involving that contract as it
affects the Project.
C. Reporting. During the term of this Project, except as provided in (5) below, the Grantee
shall submit requests for reimbursements to the State 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.
6. The Grantee agrees to provide any other reports the Federal Government may require.
D. Project Closeout. Project closeout does not alter these reporting and record retention
requirements.
SECTION 7. PAYMENTS. ALLOWABLE COSTS. AND CLAIMS.
A. Requests for Payment The requests for reimbursement for payment of the Federal share of
allowable costs will be paid to the Grantee upon presentation of invoice(s) to the State through the
date set forth in Exhibit A of this Agreement.
B. Allowable Costs. The Grantee's expenditures will be reimbursed if they meet all requirements
set forth below:
1. Conform with the Project Description and the Approved Project Budget and all other
terms of this Agreement;
2. Be necessary in order to accomplish the Project;
3. Be reasonable for the goods or services purchased;
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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 the State will provide, the
State will exclude:
1. Any Project costs incurred by the Grantee before the Obligation Date of this Agreement
or Amendment thereof, whichever is later.
2. Any costs incurred by the Grantee that are not included in the Scope of Work and its
Project Budget.
3. Any cost incurred by the Grantee after the termination date of this Agreement or
Amendment.
4. Any costs for goods or services received under a third party contract or other
arrangement that is required to be approved by the State but which has not been approved by the
State.
The Grantee agrees that reimbursement of any cost under this Agreement does not constitute a fmal
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
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 require the
return of any Federal assistance funds made available under this Project as needed to satisfy any
outstanding monetary claims that the State may have against the Grantee. Exceptions pertaining to
disallowed costs are set forth in FTA directives or in other written Federal guidance.
D. Claims and Excess Payments. Upon notice by the State to the Grantee of specific amounts
due, the Grantee agrees to remit to the State promptly any amounts due for claims, excess payments,
or disallowed costs, including any interest due. The Grantee agrees that the amount of interest due
depends on whether the State treats the underlying principal as a State claim or a debt owed to the
State. The Grantee agrees to pay interest in accordance with guidelines set forth in the "Master
Agreement."
E. De-obligation of Funds. The State reserves the right to de-obligate unexpended Federal funds
before Project closeout.
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SECTION 8. PROJECT COMPLETION, AUDIT. SETTLEMENT. AND CLOSEOUT.
A. Standard Audit Requirements. The Grantee must perform timely audits and provide the State
with the results of such audits, as required by the applicable provisions of OMB Circular A-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. All grantee audit reports
must be submitted to the State within 30 days of their issuance, and not later than one year after the
termination of this Agreement.
B. Additional Audits. The Grantee is responsible for obtaining any other audits required by FTA
or the State. Project closeout will not alter the Grantee's audit responsibilities.
C. Audit Costs. Audit costs for Project administration and management are allowable Project
costs to the extent authorized by OMB Circular A-87, Revised, OMB Circular A-21, Revised, or
OMB Circular A-122, Revised, as may be applicable.
D. Project Closeout. Project closeout occurs when the contract expires, as set forth in
Exhibit A, and the State has forwarded the final payment to the Grantee. The Grantee agrees that
Project closeout does not invalidate any continuing obligations imposed on the Grantee by this
Agreement.
SECTION 9. 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
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 10. REAL PROPERTY. EOUIPMENT AND SUPPLIES.
A. Use of Project Equipment. Where appropriate, the Grantee agrees that Project real property,
equipment, and supplies shall be used for Project purposes 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,
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equipment, or supplies. The Grantee further agrees to notify the State immediately when any Project
real property or equipment is withdrawn from use in transit service or when real property is used in a
manner substantially different from the representations made by the Grantee in its Application or the
text of 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. §§ 18.31 through 18.34, including any amendments
thereto, and other applicable guidelines or regulations that the State may issue. A Grantee that is not
:a governmental entity agrees to comply with 49 C.F.R. §§ 19.30 through 19.37, including any
amendments thereto, and other applicable guidelines or regulations that the State may issue.
Exceptions to these requirements 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 Eauipment. 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 tide until there is no longer any Federal interest in the
Project equipment. The State shall place a lien on the Project equipment in the amount of the Federal
share of the Project, as set forth in Exhibit A, and shall maintain such lien until there is no longer any
Federal interest in the Project equipment or until disposition of the equipment, which ever comes
first. The Grantee shall comply with the provisions of the Security Agreement set forth in Exhibit C.
SECTION 11. ENCUMBRANCE OF PROJECT PROPERTY.
A. Unless expressly authorized in writing by the State, the Grantee agrees to refrain from:
1. Executing any transfer of 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 12. INSURANCE.
A. The Grantee agrees to carry the minimum amounts of Worker's Compensation in statutory
limits.
B. Grantees receiving Federal funding for capital equipment and/or operating assistance agree to:
1. 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
$600,000 combined single limit.
2. 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.
3. 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.
C. The Grantee shall name the State as loss payee on the policies for equipment purchased with
Project funds and submit evidence of such to the State annually.
D. 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
Project acquisition.
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SECTION 13. PROCUREMENT.
A. Federal and State Standards. The Grantee agrees that procurements financed in whole or in part
pursuant to this Agreement will be made in accordance with State guidelines and applicable State law.
The Grantee also agrees to comply with the applicable Procurement Standards of 49 C.F.R. § 18.36
or 49 C.F.R. §§ 19.40 through 19.48 and Appendix A; and with supplementary regulations and
directives, particularly FTA Circular 4220.1C, "Third Party Contracting Requirements," and other
FTA manuals or guidance pertaining to third party contracting. Unless stated otherwise in writing,
the State's approval of the Project does not constitute pre-approval of any non-competitive third party
contract awards associated therewith. If determined necessary for proper Project administration, the
State reserves the right to review the Grantee's technical specifications and requirements.
B. Exclusionary or Discriminatory Specifications. Apart from inconsistent requirements imposed by
Federal statute or regulations, the Grantee agrees that it will comply with the requirements of 49
U.S.C. § 5323(h)(2) by refraining from using any Federal assistance awarded by the State to support
procurements using exclusionary or discriminatory specifications.
C. Geographic Restrictions. The Grantee agrees to refrain from using State or local geographic
preferences, except those expressly mandated or encouraged by Federal statute, and as permitted by
FTA.
D. Award to Other Than the Lowest Bidder. In accordance with 49 U.S.C. § 5326(c), the
Grantee may award a third party contract to other than the lowest bidder in connection with the
procurement. When such award furthers objectives consistent with the purposes of 49 U.S.C.
Chapter 53 and any implementing regulations, circulars, manuals, or other guidance FTA may issue.
E. Ineligible Bidders. Unless otherwise permitted by the FTA or the State, the Grantee refrain
from awarding any third party contract to a party included in the U.S. General Services shall
Adminstration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs.
Before entering into any third party contract, exceeding $100,000, the Grantee agrees to obtain a
debarment and suspension certification from each third party contractor. The Grantee agrees to
provide the State a copy of any such certification.
F. Buy America. For any purchase utilizing FTA funds and exceeding a threshold cost of
S100,000, the Grantee must comply with 49 U.S.C. 5323 (j), FTA's Buy America regulations at 49
C.F.R. Part 661, and any amendments thereto, and any implementing guidance issued by FTA, with
respect to any third party contract financed under this Agreement.
G. Cargo Preference - Use of United States - Flag Vessels.
Pursuant to regulations published at 46 C.F.R. Part 381, the Grantee shall obtain from the State
appropriate references and clauses to be inserted in all contracts it awards in which equipment,
materials or commodities may be transported by ocean vessel in carrying out the Project.
H. Bus Testing. To the extent applicable, the Grantee agrees to comply with FTA regulations,
"Bus Testing," 49 C.F.R. Part 663, and any revisions thereto.
I. 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.
J. False or Fraudulent Statements and Claims. The Grantee acknowledges and agrees that by
signing this Agreement it certifies or affirms the truthfulness and accuracy of any statement it has
made, it makes, or may make pertaining to the statements contained in its application for funding. In
addition to other penalties that may be applicable, the Grantee also acknowledges that if it makes a
false, fictitious, or fraudulent claim, statement, submission, or certification, the State reserves the
right to impose the penalties of the Program Fraud Civil Remedies Act of 1986, as amended, on the
Grantee to the extent the State deems appropriate.
K. Settlement of Third Party Contract Disputes or Breaches. The term third-party contract, as
used in this Agreement, is defined as a contract between the Grantee and any subcontractor from
9
which the Grantee has procured a good and/or service commercially from the subcontractor through
written agreement. The State has a vested interest in the settlement of disputes, defaults, or breaches
involving any federally-assisted third party contracts. The State retains the right to a proportionate
share, based on the percentage of the federal share committed to the Project, of any proceeds derived
from any third party recovery. Therefore, the Grantee shall avail itself of all legal rights available
under any third party contract. The Grantee shall notify the State of any current or prospective
litigation or major disputed claim pertaining to any third party contract. The State reserves the right
to concur in any compromise or settlement of the Grantee's claim(s) involving any third party
contract, before making federal assistance available to support that settlement. If the third party
contract contains a liquidated damages provision, any liquidated damages recovered shall be credited
to the Project account involved unless the State permits otherwise.
SECTION 14. PATENT RIGHTS.
A. If any invention, improvement, or discovery of the Grantee or any of its third party contractors
is conceived or first actually reduced to practice in the course of or under this Project, and that
invention, improvement, or discovery is patentable under the laws of the United States of America or
any foreign country, the Grantee agrees to notify the State immediately and provide a detailed report.
The rights and responsibilities of the Grantee, third party contractors and the State with respect to
such invention, improvement or discovery will be determined in accordance with applicable federal
laws, regulations, policies, and any waivers thereof.
B. The Grantee agrees to include the requirements of Section 13.A of this Agreement in its third
party contracts under this Project.
SECTION 15. RIGHTS IN DATA AND COPYRIGHT.
A. The term "subject data" as used herein means recorded information, whether or not
copyrighted, that is delivered or specified to be delivered under this Agreement. The term includes
graphic or pictorial 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 and 49 C.F.R. § 19.36, 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) Without the copyright owner's consent, the Federal Government may not extend its
Federal license to other parties.
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
10
have participated therein. Therefore, unless the State and FTA determine otherwise, the Grantee of
ETA assistance to support planning, research, development, or a demonstration financed under the
Federal Transit Act, as amended, 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 or
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. To the extent authorized by state law, the Grantee agrees to indemnify and save and hold
Harmless FTA and the State, their 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 FTA or 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 FTA or State
under any patent or be construed as affecting the scope of any license or other right otherwise granted
to the FTA or 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
;s 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 16. CIVIL RIGHTS
A. Prohibitions Against Discrimination in Federal Programs. The Grantee agrees to comply with,
and assure the compliance by its third party contractors and subcontractors under this Project, with all
requirements of Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d; 49 U.S.C. § 5332; and
U.S. DOT regulations, "Nondiscrimination in Federally-Assisted Programs of the Department of
Transportation —Effectuation of Title VI of the Civil Rights Act," 49 C.F.R. Part 21, and any
implementing requirements FTA may issue.
B. Equal Employment Opportunity. The Grantee agrees to comply with the following Equal
Employment Opportunity (EEO) requirements:
(1) General Requirements. The Grantee agrees that it will not discriminate against any
employee or applicant for employment because of race, color, creed, sex, disability, age, or national
origin. The Grantee agrees to take affirmative action to ensure that applicants are employed, and that
employees are treated during employment, without regard to their race, color, creed, sex, disability,
age, or national origin. Such action shall include, but not be limited to, the following: employment,
upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates
of pay or other forms of compensation; and selection for training, including apprenticeship. The
Grantee also agrees to comply with any implementing requirements FTA may issue.
C. Disadvantaged Business Enterprises. The Grantee agrees to take the following measures to
Facilitate participation by disadvantaged business enterprises (DBE) in the project:
(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.
11
(2) The Grantee agrees that it will not discriminate on the basis of race, color, national
origin, or sex, in the award and performance of any third party contract financed with Federal
assistance derived from the U.S. DOT. The Grantee agrees to take all necessary and reasonable steps
required by U.S. DOT regulations to ensure that eligible DBEs have the maximum feasible
opportunity to participate in third party contracts. If the Grantee is required by U.S. DOT regulations
to have a DBE program, the DBE program approved by the U.S. DOT is incorporated by reference
and made part of 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 its regulations.
D. Access Requirements for Individuals with Disabilities. The Grantee agrees to comply with all
applicable requirements of the Americans With Disabilities Act of 1990 (ADA), 42 U.S.C. § § 12101
et sec.; section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794; 49 U.S.C. §
5301 (d); and other relevant Federal the following regulations and any amendments thereto:
1. U.S. DOT regulations, "Transportation Services for Individuals with Disabilities (ADA),"
49 C.F.R. Part 37;
2. U.S. DOT regulations, "Nondiscrimination on the Basis of Handicap in Programs and
Activities Receiving or Benefitting from Federal Financial Assistance," 49 C.D.R. Part 27;
3. U.S. DOT regulations, "Americans With Disabilities (ADA) Accessibility Specifications
for Transportation Vehicles," 49 C.F.R. Part 38;
4. Department of Justice (DOJ) regulations, "Nondiscrimination on the Basis of Disability in
State and Local Government Services," 28 C.F.R. Part 35;
5. DOJ Regulations, "Nondiscrimination on the Basis of Disability by Public
Accommodations and in Commercial Facilities," 28 C.F.R. Part 36;
6. General Services Administration regulations, Accommodations for the Physically
Handicapped," 41 C.F.R. Part 101-19;
7. Equal Employment Opportunity Commission (EEOC) "Regulations to Implement the
Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630;
8. Federal Communications Commission regulations, "Telecommunications Relay Services
and Related Customer Premises Equipment for the Hearing and Speech Disabled," 47 C.F.R. Part 64,
Subpart F;
9. FTA regulations, "Transportation for Elderly/Handicapped Persons," 49 C.F.R. Part 609;
and
10. Any implementing requirements FTA may issue.
SECTION 17. ENVIRONMENTAL. RESOURCE CONSERVATION. AND ENERGY
REOUIREMENTS. The Grantee recognizes that many Federal and State statutes imposing
environmental, resource conservation, and energy requirements may apply to the Project. Some, but
not all, of the major federal laws that may affect the Project include: the National Environmental
Policy Act of 1969, 42 U.S.C. §§ 4321 et seq. , the Clean Air Act, as amended, 42 U.S.C. §§ 7401
t seq. and scattered sections of 29 U.S.C.; the Clean Water Act, as amended, scattered sections of
33 U.S.C. and 12 U.S.C., the Resource Conservation and Recovery Act, as amended, 42 U.S.C. §§
6901 et seq.;and the Comprehensive Environmental Response, Compensation, and Liability Act, as
amended, 42 U.S.C. §§ 6901 et seq. The Grantee also recognizes that the Environmental Protection
Agency (EPA), the Federal Highway Administration (FHWA) and other agencies of the Federal
Government have issued and are expected in the future to issue requirements in the form of
regulations, guidelines, standards orders, or other directives that may effect the Project. Accordingly,
the Grantee agrees to adhere to, and impose on its subrecipients, any such Federal requirements, as
the Government may now or in the future promulgate. Listed below are requirements of particular
concern to FTA. The Grantee expressly understands that this list does not constitute the Grantee's
12
entire obligation to meet Federal requirements.
A. Air Ouality. 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
Plans;" 40 C.F.R. Part 93. To support the requisite air quality conformity finding for theProject,
the Grantee agrees to implement each air quality mitigation and control measure incorporated in the
Project. The Grantee agrees that any Project identified in an applicable State Implementation Plan
(SIP) as a Transportation Control Measure, will be wholly consistent with the description of the
design concept and scope of the Project set forth in the SIP. EPA also imposes requirements
pertaining to the Clean Air, as amended, that may apply to transit operators, particularly operators of
large transit bus fleets. Thus, the Grantee should be aware that the following EPA regulations,
among others, may apply to its Project: "Control of Air Pollution From Motor Vehicles and Motor
Vehicle Engines," C.F.R. Part 85; "Control of Air Pollution From New and In-Use Motor Vehicles
and New and In-Use Motor Vehicle Engines: Certification and Test Procedures," 40 C.F.R. Part 86;
and "Fuel Economy of Motor Vehicles," 40 C.F.R. Part 600.
B. Energy Conservation. The Grantee and its third party contractors shall comply with mandatory
standards and policies relating to energy efficiency that are contained in applicable State energy
conservation plans issued in compliance with the Energy Policy and Conservation Act 42 U.S.C. §§
6321 et seq.
SECTION 18. PRIVACY. To the extent that the Grantee, its third party contractors or their
employees administer any system of records on behalf of the Federal Government, the Grantee agrees
to comply with, and assures the compliance of each affected third party contractor, with the
information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552
(the Privacy Act). Specifically:
A. Consent of Federal Government. The Grantee agrees to obtain the express consent of the
Federal Government before it or its third party contractors, or any of their employees operates a
system of records on behalf of the Federal Government.
B. Acknowledgment of Civil and Criminal Penalties. The Grantee acknowledges that the
equirements of the Privacy Act, including the civil and criminal penalties for violations of the
Privacy Act apply to those individuals administering a system of records for the Federal Government
under this Project, and that failure to comply with the Privacy Act may result in termination of this
Agreement.
SECTION 19. SUBSTANCE ABUSE.
A. Drug Abuse. The Grantee agrees to comply with U.S. DOT regulations, "Drug-Free
Workplace Requirements (Grants)," 49 C.F.R. Part 29, Subpart F. To the extent the Grantee or any
third party contractor, or their employees, perform a safety sensitive function under the project, the
Grantee agrees to-comply with, and assures the compliance of each affected third party contractor,
and their employees with 49 U.S.C. § 5331, and FTA regulations, "Prevention of Prohibited Drug
Use in Transit Operations," 49 C.F.R. Part 653.
B. Alcohol Abuse. The Grantee agrees to comply with U.S. DOT regulations, "Drug-Free
Workplace Requirements (Grants)," 49 C.F.R. Part 29, Subpart F. To the extent the Grantee or any
third party contractor, or their employees, perform a safety sensitive function under the project, the
Grantee agrees to comply with, and assures the compliance of each affected third party contractor,
and their employees with 49 U.S.C. § 5331, and FTA regulations, "Prevention of Alcohol Misuse in
Transit Operations," 49 C.F.R. Part 654.
SECTION 20. SEVERABILITY. If any provision of this Agreement is held invalid, the remainder
of this Agreement shall not be affected thereby if such remainder would then continue to conform to
the terms and requirements of applicable law.
13
SECTION 21. SCHOOL BUS OPERATIONS. The Grantee agrees that neither it nor any transit
operator that acts on behalf of the Grantee may engage in school bus operations for the transportation
of students or school personnel exclusively in competition with private school bus operators, except as
permitted by 49 U.S.C. § 5323(f) and FTA regulations, "School Bus Operations," 49 C.F.R. Part
605, and any amendments thereto that may be issued. Any applicable school bus agreement required
by these regulations is incorporated by reference and made part of this Agreement.
SECTION 22. STATE MANAGEMENT AND MONITORING SYSTEMS. To the extent
applicable, the Grantee agrees to comply with the requirements of joint FHWA/FTA regulations,
'Management and Monitoring Systems," 23 C.F.R. Parts 500 and 626, and 49 C.F.R. Part 614.
SECTION 23. LABOR PROTECTION. The Grantee agrees to comply with the terms and
condition 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 24. CHARTER SERVICE OPERATIONS. The Grantee agrees that neither it nor any
transit operator performing work in connection with the Project will engage in charter service
operations, except as permitted by 49 U.S.C. § 5323(d) and FTA regulations, "Charter Service," 49
C.F.R. Part 604, and amendments thereto that may be issued. Any applicable charter service
agreement required by these regulations is incorporated by reference and made part of this
Agreement.
SECTION 25. 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.
14
IN WITNESS WHEREOF, the parties hereto have executed this
agreement the day and year first above written.
ATTEST:
STATE OF COLORADO
ROY ROMER, GOVERNOR
fl a_f
By L 1 �� e�
Ch e Clerk ivisi Director
ivi '
t s of Transporta ion
De 1 t
ed
1 ` /4 9 _
Executive Director
DEPARTMENT OF TRANSPORTATION
APPROVED: GALE A. NORTON
CLIFFORD W. HALL Attorney General
State Controllerllj
7:;)
B '�� ///� ,, By
BARRY B_ R
Assistant Attorney General
Natural Resources Section
ATT: /J e.^ _� I / t FOR THE GRANTEE:
\' ' // Weld County Board of Commissioners
qputy Cl k to Board By
INae Donal D. Warden 12/04/95 m
Name Dale K. Hall
Title Weld County Clerk to Board Title Chairman
r. cacao SPECIAL PROVISIONS
CONTROLLER'S.APPROVAL
•
I. This contract shad not be deemed valid until It shall have been approved by the Controller of the State of
Colorado or such assistant as he may designate.This provision is appfirable to any contract involving the pay-
ment of money by theState..
FUND AVAILABILITY
2. Financial obligations of the State payable alter the unrest final year are contingent upon funds for that
purpose being appropriated,budgeted and otherwise made available.
BOND REQUIREMENT
3. If this contract involves the payment of more than My dgasatid dollars for the construction,erection,
repair,maintenance.or improvement of any building,rod,bridge,aided.morel,excavation or other public
carts(or this State,die contractor shaJl,before entering the pearamanceofany such work included in this con-
tras,duly execute and deliver So and(lie with the olfidd whose signature appears below for the State,■good
and sufficient band or other acceptable surety to bgapproved by said odiail inn penal sum not less than one-
half of the total amount payable by the tens of this contract Sods bad shall be duly executed by a qualified
corporate surety,conditioned for the due and faithful paforu anoeofdaeaont act,and in addition,shall provide
that if the contractor or his subcontractors fail to duly pay for any labor,materials,team hire,sustenance,pro-
visions,taovendor or other supplies used or consumed by such comradaror his saboo ntractor in performance of
the work contracted to be done,the surety will pay tuesame in an anion&aoteseeedg the sumspeafaed in the
• bond.together with interest at the rate of eight pa cent per anus Unless suds bond,when so required,is
executed.delivered and filed,no dais in favor of the contractor arising under this contract shall be auited,
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 3S-26.106 CRS, as
amended.
INDEMNIFICATION
4. To the extent authorized by law, the,contractor shall indemnify,save and hold harmless the State, its
empfoyces and agents,against any and all claims.damages,liability and court awards'
and attorney far incurred as a result of °ems, gent.subnet
yam o by thaaoomatta,orilsemployees,agents,subcan-
tractors.or assignees pursuant to the terms of this 000t9et
DISCRIMINATION AND AFFIRMATIVE ACTION
S. The contractor agrees to complywah the ktt. tl spirilofthe Colorado Antidiscrimination Act of 1957.
as amended,and other applicable law respecting discrimination and unfair employment practices(24-34-402
Chu 1982 Replacement Vol-),and as required by Emotive Order,EqualOpperwnity and Affirmative Action,
dated April h6. 1975.Parsuaat thereto.the following provision shall be contained in all State antrum or
as b-matmcts
During the performance of this contract,the contractor agrees as follows
(I) The contractor will not discriminate against any employee or applicant for employment because or
rice.aced,color,national origin,sex,marital status,religion,ancestry,mental or physical handicap,or
age.The contractor will take affirmative action to insure that applicants are employed,and that employees
are treated during employmaat without regard to the above mentioned duncteristet Such action shall
include,but not he limited to the following employment.upgrading,demotion,or transfer,recruitment or
recruitment advertising lay-offs or terminations;rates of pay or other forms of compensation:and selec-
tion for training.including apprenticeship-The contractor agrees to post in conspicuous place,available
-. - to employees and applicants for anployn.cnç notices to be provided by the contracting officer setting forth
provisions of this non-discrimination clause
(2) The contractor will,in all solicitations or advertisements for employees placed by or on behalf of the
contractor,state that all qualified applicants will receive consideration for employment without regard to
MCC. creed, color. national origin, sex, marital status, religion, ancestry, mental or physical
handicap,or age-
- (3) Thc 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 commiwnent under the Executive
Order.Equal Opportunity and Affirmative Action,dated April 16,1975.and of the rules,regulations,and
relevant Orders of the Governor.
(4) The contractor and labor unions will furnish all information and reports required by Executive Order,
Equal Opportunity and Affirmative Action of April 16,1975,and by the rules,regulations and Oadc„of
the Governor,or pursuant thereto,and will permit access to his b nkt,records,and accounts by the con-
tracting agency and the office of the Governor or his designee for purposes of investigation to ascertain
Compliance with such rules, regulations and orders-
(5) A labor organization will not exclude any individual otherwise qualified from full membership rights in
such labor organization,or expel any such individual from membership in such labor organization or dis-
criminate against any of its members in the full enjoyment of work opportunity,because of race,creed.
color,sex. national origin,or ancestry.
(6) A labor organization,or the employees or members thereof will not aid,abe,incite,compel or coerce
the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from
complying with the provisions of this contract or any order issued thereunder,or attemp,either directly or
indirectly.to commit any act defined in this contract to be discriminatory-
395-53-01-1022
Revised I I-H$ page_1_ of Z_ pages
Form 6-AC-02C
(7) In the event ci the contractors non-compliance with the non-discrinunation clauses of this con-
tract or with any cinch rules,regulations;orordus,this contract may be cancelled.tern inatedor sus-
pended in whole or in part and the contra for may be declared Ineligible for further State contracts in
accordance with procedures, authorized in Executive Order, Equal Opportunity and Affirmative
Action of April 16,1975and the rules,ngulatioas,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.waders
promulgated in accordance tlwewith,or as otherwise provided by law.
(8) The contractor will include the provisions of paragraph(l)Uuough(8)in every sub-contract and
subcontractor purchase order unless exempted by it,regulations,or orders issued pursuant to
Executive Outlet Equal Opportunity and Affirmative Action ofApril 16,1975,so that sad'provisions
will be binding upon cad.subcontractor or vendor.The contactor win take such action with respect to
any subcontracting or purchase eider as the contracting agency may direct,as a means ofenforcing
such provisions,induwCng sanctions for non-compllancç provided.however,that in the neat the eon-
tractortecomes involved ice,a is threatened wi thilitigatioa with the subcontractor or vendor as a result
&such dire line by the c auadmgagency.thecontractor may request the State of Colorado to cater
into such litigation to protect the interest of the State of Colorado.
COLORADO LABOR PREFERENCE
6 a.
b. When a con oodle°contract for a public project is to be awarded to a bidder,a resident bidder shall be
allowed a preference against a non-resident bidder frame date 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(or awasding the bid that aanpfrance with this subsection.06 may ensue denial offederd funds
which would otherwise be available or would otheviise be iomnmfent with requirements offederal law,this sub-
scainn shall be suspended,but a dy to the extend necessary to prevent denial of the moneys or to eliminate the
inconsistency with federal requirements(section 8-19-101 and 102.CRS).
GENERAL
7. The laws of the State ofColorado and rules and regulations issued pursuant thereto shall be applied in the
interpretation,execution and cdoreemeat of this contract Any provision of this contract whether or not incor-
porated herein by reference which provides for arbitration by any ea ra-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 orany other special provision in whole or
in man shall be valid or enforceable oravailabk in any action at law whether by way ofcomplaint.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.
& At an times during the performance ofthis Contract the Contractor shall strictly adhere to all applicable
federal and state laws,rules-and regulations that have been or may hereafter be established.
9 The signatories hereto aver that they arc familiar with 18-8-301.et seq..(Bribery and Corrupt Influences)
an.!I s-8-401,et.seq.,(Abuse of Public Office),CRS 1978 Replacement Vol.,and that no violation of such pro-
visions is present.
•
10. The signatodns aver that to their knowledge,no state employee has a personal or beneficial interest what-
soever in the sat or property deransed herein:
WITNESS WHEREOF, the parties hereto have executed this Contract on the day fuss a
wr
Can s
(Full Legal • STATE OF COLORADO ;
RICHARD D. LAMM • n ERN OR
By
-s EXECUTIVE DIRECT
Position(Title) _.
DEP ENT
Yu/lima,NJ,.r 4 Min, a•
(If Corporation:)
Attest(Seal)
By
APPROVALS
ATTORNEY • 'ERAL CONTROLLER
By
EXHIBIT A
SCOPE OF WORK AND CONDITIONS
WELD COUNTY
A. Standards of Performance.
1 . The Grantee will provide a minimum of 5,417 one-way passenger trips per month
(averaged quarterly), at a maximum operating and administrative cost of $4.75 per
trip and a minimum rate of .25 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 cause(s) of the substandard
performance, which shall include a written plan for improving performance.
c. The State will review the plan for improvement and notify the Grantee of its
approval within 21 days.
d. If the plan is approved by the Department, the Grantee will implement the
plan immediately upon receipt of the State's notification. If the plan is not
approved by the Department remedial measures will be determined on a case by
case basis. Such remedial measures may include termination of this Agreement
and return of the grant funds or capital equipment purchased with such funds, in
accordance with the terms of Section 8.
B. Project Budget.
1 . The net Project cost is estimated to be and shall be shared as follows:
Admin Cost Operating Deficit Capital Eqpt
GBL (MN 83) M( P 83) (MY 83)
Federal Share (70%) $ 5,500 (50%) $33,900 (80%) S 6,870
Local Share (30%) 2,357 (50%) 33,900 (20%) 1,718
TOTAL $7,857 $67,800 $8,588
2. The Project Cost shall not exceed the maximum allowable cost of $75,657. The
State will pay no more than 70% of only the eligible, actual administrative costs up
to the maximum federal amount of $5,500; no more than 50% of only the eligible,
actual operating costs up to the maximum federal amount of $33,900;
,hihit A
;e 2
The Grantee shall be solely responsible for all costs incurred in the Project in excess
of the amount paid by the State from federal funds for the federal share of eligible,
actual costs. In the event the final, actual Project cost is less than the maximum
allowable cost of $75,657,the State is not obligated to provide any more than 70%
of the eligible, actual administrative nor any more than 50% of the eligible, actual
operating costs and shall retain the remaining balance of the federal share.
3. Up to one half of the Grantee's share for administrative, and operating expenses
may be provided from unrestricted federal funds. At least one half must be from
sources other than federal funds. The Grantee's Share, together with the Federal
share, shall be in an amount sufficient to assure payment of the net Project cost.
The State shall have no obligation to provide State funds for use on this Project.
The State will administer federal funds for this Project under the terms of this
Agreement, provided that the federal share of FTA funds to be administered by the
State are made available and remain available. In no event shall the State have any
obligation to provide State funds or provide federal FTA funds for the Grantee's
share of the Project. The Grantee shall initiate and prosecute to completion all
actions necessary to enable the Grantee to provide its share of the Project costs at
or prior to the time that such funds are needed to meet Project costs.
4. No refund or reduction of the amount of the Grantee's Share to be provided will be
allowed unless there is at the same time a refund or reduction of the federal share
of a proportionate amount.
5. Federal funds shall not be used to reimburse the Grantee for expenses not incurred
in cash by the Grantee (e.g., donated or in-kind goods and services), though such
expenses may be used as the Grantee's share. No more than 30 percent of Project
administrative expenses nor more than 50 percent of Project operating expenses
may be attributed to non-cash, donated, or in-kind expenses.
C. Reimbursement eligibility. Requests for reimbursement for project costs will be paid to
the Grantee upon presentation of invoice(s) to the State for eligible costs incurred
through December 31, 1996 and within the limits of Section 3 of this Agreement.
Reimbursement shall be made on a percentage of the federal funds awarded. The
monthly administrative or operating reimbursement shall be based on 10% increments
of the federal award for that category. The effect shall be cumulative; that is, total
reimbursement after the first month of the contract shall not exceed 10% of the grant
award, 20% of the grant award after the second month, 30% after the third month,
etc. The final invoice shall be submitted no later than sixty (60) days after the above
date.
D. Contract expiration. The Agreement shall expire when the capital equipment no longer
has a federal interest, as determined by the State. If no capital equipment is obtained,
the contract shall expire upon final reimbursement by the State, within the limits of
section C. above.
'))hit A
it: 3
Project Description. The Grantee shall perform all the Project activities generally
described in the application for funding submitted to the State on April 20, 1995,and
as specifically described below. That application is incorporated herein by reference to '
the extent consistent with this Agreement.
The Grantee will operate a modified demand responsive transportation service in the
rural areas of Weld County. The services will be provided to the general public, with an
emphasis on elderly, persons with disabilities and low income persons.
The Grantee will provide service to the following towns at the indicated frequencies:
Eaton (once a week); Ault (twice a week); Windsor (once a week with two additional
days per month); Johnstown (once a week with one additional day per month); Milliken
(once a week); Tri Town (twice a week); Erie (call in); Fort Lupton (four times a week);
Platteville (three times a week); Hudson (once a week); Keensburg (once a week);
Lochbuie (once a week); Kersey (once a week); Gilchrist (once a week); Severance
(twice a week); Hill N Park (twice a week); Nunn (call in); Grover (call in); Mead (call in)
Demand responsive service is available for riders needing the wheelchair lift using a
total of 4 lift equipped vehicles.
Capital funds will be used to purchase 8 radios for the vans and 1 desk top remote
radio for the office. The radios will retain federal interest for five years from date of
purchase. You will be required to follow the Department's procurement procedures and
report the serial numbers of the radios after purchased. The radios will be checked at
the time of the Department's site visit.
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%.
The Grantee will provide comparable demand responsive service to persons with
disabilities as required by the Americans With Disabilities Act.
The Grantee will comply with the Federal Transit Administration Drug and Alcohol
Regulations.
Any costs incurred by the Grantee for which the Grantee receives reimbursement from
other FTA funds (i.e., Section 16, RTAP) may not be listed as a cost to be shared by
FTA on the monthly reimbursement request.
Exhibit B
Page 1
GUIDANCE FOR AUDIT OF GRANTEE COMPLIANCE
WITH FTA REQUIREMENTS
Federal Domestic Assistance Catalog No. 20.509
I. PROGRAM OBJECTIVES
Grants made under the Section 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
Comuliance 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
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.
EXHIBIT C
SECURITY AGREEMENT
This Security Agreement is made by and between the State of Colorado for the
use and benefit of THE STATE DEPARTMENT OF TRANSPORTATION, DIVISION OF
TRANSPORTATION DEVELOPMENT, herinafter referred to as "the State"
and , a Colorado private nonprofit organization,
hereinafter referred to as "the Grantee."
A. Purpose. This Security Agreement is made for the purpose of curing the
federal interest for the State in transit vehicles or other project
equipment ("Project Equipment") purchased with Federal Transit
Administration (FTA) grant funds awarded to the Grantee pursuant to the
Agreement between the parties dated this day of , 19
and identified as contract #
The security interest granted to the State herein is to ensure that the
State may acoecs, protect and, if necessary, dispose of the federal
interest in each item of Project Equipment and to ensure the proper i,ee of
the Project Equipment. The Grantee shall have no right in the federal
interest in such Project Equipment.
B. Project Equipment. Not later than three days after the purchase and
acceptance of Project Equipment, the Granter shall complete and return to
the State the "Certificate of Procurement and Acceptance" form, which then
becomes Addendum I to this Senlrity Agreement. In the case of vehicle
procurement, this certificate must indicate the year, make, model, VIN, and
any other information needed to register the vehicle.
C. Senn-ity Interest. In consideration of the value provided to the Grantee
under the Agreement dated this day of , 19 and
identified as contract # , the Grantee hereby gives and grants to
the State a gerurity interest in the Project Equipment described in
Addendum I and/or der-ribed below as follows:
This gerurity interest shall apply to the Project Equipment acquired
pursuant to the Agreement dated this day of , 19 and
identified as contract # , whether purchased before or after the
date this cenwity Agreement is executed. The Grantee hereby authorizes
the State to decr-ribe in the space above the Project Equipment subject to
this cenirity Agreement.
Exhibit C
Page 2
D. Lien. The State may place a lien on the title of each Project Equipment
vehicle based upon this Snrnirity Agreement. The State shall retain
physical pcnssnssion of the titles of such Project Equipment vehicles and
the Grantee agrees that the State shall be considered "in posession" of
such vehicles for the purpose of any document required by State law to
repossess such vehicles if necessary.
E. Disposition of E[iuidment. In addition to the serairity interest granters
herein, the Grantee agrees to and acknowledges the right of the State to
remove all Project Equipment from the Grantee's premises and to take
session of any of the Project equipment, if the Grantee fails to
satisfactorily perform the Project services as detailed in the Agreement,
or if the State determines for any other reason, including but not limited
to termination of the Agreement, that the disposition of the federal
interest in such Project equipment is in the best interest of the State.
The Grantee agrees that it will in no way oppose the State's exercise of
such right and that it will assist the State to obtain possession and to
remove such vehicles.
F. Assignment. The Grantee agrees not to assert against any assignee of the
State any defenses or claims the Grantee may have against the State.
G. Resolution. The Grantee's Board of Directors shall adopt a resolution
approving this Security Agreement and authorizing its President to execute
this Security Agreement. That resolution shall be attached to this
cenirity Agreement.
ATTEST: FOR THE GRANTEE
By
Name
Title
Date
Exhibit C
Page 3
CERTIFICATION OF PROCUREMENT AND ACCEPTANCE
(qPr,rity Agreement Addendum I)
(Grantee's Name) hereby acknowledges recPipt of
the following vehicle:
Year/Make/Model Vehicle Identification Number
and accepts same as in substantial compliance with the requirements contained
in the bid package and agreement with (Vendor's Name) ,
and waives any claim for changes for any variation from said requirements.
(Grantee's Name) hereby certifies that it has
examined the spedfications, bid procedures, award documents, and the
proceedings followed and find that the procurement of the above equipment is
consistent with and meets all the program requirements as outlined in its
Agreement with the State of Colorado, the State Department of Transportation,
Division of Transportation Development, dated this day of
19 and identified as contract #
(Grantee's Name) further certifies that it will
comply with the terms of Exhibit C ("Security Agreement") of the contract named
above and it hereby gives and grants to the State a security interest in
this vehicle in the amount of $
Organization:
By:
Title:
Date:
Notary Public:
My Commision Expires:
' mEmoRAnDum
�'+ 1 Dale K. Hall, Chairman
V I Weld County Board of Commissioners
Date 11-29-95
Walter J. Speckman, Executive Director Human Services /4
COLORADO From
Department of Transportation Contract
Subject:
Enclosed for Board resolution and signature is an agreement between Weld County
Human Services and the Colorado Department of Transportation.
Weld County is to be awarded $39,400 of Federal Transit Administration monies to help
provide transportation to rural Weld County beginning January 1, 1996.
The Board of Commissioners previously reviewed and approved the grant application for
these funds. The State is now requesting three original resolutions and three original
signature pages be signed by the highest elected authority for Weld County before the
final agreement is forwarded to Weld County.
Please feel free to contact Linda Piper at extension 3320 if you have further questions.
952296
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