HomeMy WebLinkAboutC12-223 5311 Grant Amendment •
GRANT AMENDMENT
Original Grant Original SAP- Amendment Amendment
Amendment #1 CMS # PO# CMS # SAP -PO#
12 -HTR -40090 291001130 12 -HTR -45662 291001130
1) PARTIES
THIS AMENDMENT, to the above - referenced Original Grant (hereinafter called the "Grant ") is
entered into by and between Eagle County, (hereinafter called the "Grantee ") and the State
of Colorado (hereinafter called the "State ") acting by and through the Colorado Department of
Transportation (hereinafter called "CDOT ").
2) EFFECTIVE DATE AND ENFORCEABILITY
This Amendment shall not be effective or enforceable until it is approved and signed by the
Colorado State Controller or designee (hereinafter called the "Effective Date "). The State shall
not be liable to pay or reimburse the Grantee for any performance hereunder, including, but
not limited to costs or expenses incurred, or be bound by any provision hereof prior to the
Effective Date.
3) FACTUAL RECITALS
The parties entered into a Grant dated March 16, 2012, for FTA - 5311 Operating, for Eagle
County operating expenses.
4) CONSIDERATION - COLORADO SPECIAL PROVISIONS
The Parties acknowledge that the mutual promises and covenants contained herein and other
good and valuable consideration are sufficient and adequate to support this Amendment. The
Parties agree to replacing the Colorado Special Provisions with the most recent version (if
such have been updated since the Grant and any modification thereto were effective) as part
consideration for this Amendment.
5) LIMITS OF EFFECT
This Amendment is incorporated by reference into the Grant, and the Grant and all prior
amendments thereto (including option letters), if any, remain in full force and effect except as
specifically modified herein.
6) MODIFICATIONS
The Grant and all prior amendments thereto, if any, are modified as follows:
a) Exhibit A is hereby deleted in its entirety and replaced with Exhibit A.1. Exhibit A.1 is
hereby attached and incorporated to the grant.
7) START DATE
This amendment shall take effect on the later of its Effective Date.
8) ORDER OF PRECEDENCE
Except for the Special Provisions, in the event of any conflict, inconsistency, variance, or
contradiction between the provisions of this Amendment and any of the provisions of the Grant,
the provisions of this Amendment shall in all respects supersede, govern, and control. The most
recent version of the Special Provisions incorporated into the Grant or any amendment shall
always control other provisions in the Grant or any amendments.
9) AVAILABLE FUNDS
Financial obligations of the state payable during the current fiscal year are contingent upon
funds for that purpose being appropriated, budgeted, or otherwise made available.
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Exhibit A.1 -Scope of Work
EAGLE COUNTY REGIONAL TRANSPORTATION AUTHORITY
Recipient Organization Information
Eagle County Regional Transportation Authority (ECRTA)
DUNS:084024447
Project Contact Information
Kelley Collier
Director of Transportation
3289 Cooley Mesa Rd
PO Box 1070
Gypsum, CO 81637
970 - 328 -3533
970 - 328 -3539
Kelley.collier@eaglecounty.us
A. Standards of Performance
1. The Grantee will provide a minimum of 718,351 one -way passenger trips per year, at a maximum
fully - allocated cost (operating cost) of $10.50 per one -way passenger trip, a maximum cost of
$5.80 per mile and a maximum cost of $135.85 per vehicle hour. 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 the Grantee's performance
does not meet the standards of performance set forth above in paragraph A.1., the following steps
will be taken:
a. The State will notify the Grantee in writing that performance does not meet the requirements of
this Grant.
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 Grant 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:
Operating Costs
(C0- 18- 4029.ECOR)
Federal Share (50 %) $200,000
Local Share (50 %) $200,000
TOTAL $400,000
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2. The Project Cost shall not exceed the maximum allowable cost of $400,000. The State will pay no
more than 50% of the eligible, actual operating costs up to the maximum federal amount of
$200,000. 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 $400,000, the
State is not obligated to provide 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 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 Grant, 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 reimburse the Grantee for expenses not incurred in cash (e.g., donated or
in -kind goods and services), though such expenses may be used as the Grantee's share. No more
than 50 percent of Project operating expenses may be attributed to non -cash, donated, or in -kind
expenses.
6. Retroactive Payments: The State shall pay Grantee for costs or expenses incurred or performance
by the Grantee prior to the Effective Date, only if (1) the Grant Funds involve Federal funding
and (2) Federal laws, rules and regulations applicable to the Work provide for such retroactive
payments to the Grantee. Any such retroactive payments shall comply with State Fiscal Rules
and be made in accordance with the provisions of this Grant or such Exhibit. Grantee shall
initiate any payment requests by submitting invoices to the State in the form and manner set forth
and approved by the State.
7. As authorized by the FTA, such Grantee share (local match) may include costs or expenses
incurred or performance by the Grantee prior to the Effective Date.
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, 2012 and within the limits of
Section 2 of this Grant. The Grantee must request reimbursement monthly, and will be reimbursed
based on the ratio of Federal Share and Local Share set forth in Project Budget above. However, if
the Grantee is designated by the State as a "High Risk Grantee," as set forth in its State Management
Plan, the State reserves the right to limit its reimbursement to the Grantee in any given month to 10%
of the total grant award in order to ensure that Project services could be provided throughout the year
in the event the Grantee encounters financial instability. The final invoice shall be submitted no later
than sixty (60) days after the above date.
D. Contract Expiration
The Grant will expire according to the terms and conditions of the Grant per Paragraph 6. Project
Implementation, a. (4) Completion Dates.
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E. Project Description
The Grantee shall perform all Project activities described in Section D, 4.1 and 4.2, in the application
submitted to the State in June, 2011 and as specifically described below. The application is
incorporated herein by reference to the extent consistent with this Grant.
Grant Recipient (Grantee)
ECO Transit provides fixed route regional service throughout Vail and surrounding areas. ECO
Transit provides complementary ADA paratransit service to origins and destinations within 3/4 -mile
of the regular routes during the same hours of service or regular service.
Section 5311 Project
Section 5311 Operating funds will be used to support services described above and to support ECO
Transit's current service for all routes and stop locations.
This grant is expected to support ECO Transit services for calendar year 2012 (January 1 —
December 31), as proposed in the application.
F. Special Conditions of the Project
1. The Grantee will advertise its fixed route and/or rural based service as available to the general
public and service will not be explicitly limited by trip purpose or client type.
2. The Grantee will provide comparable transportation services to persons with disabilities according
to the Americans with Disabilities Act of 1990.
3. The Grantee will comply with the Federal Transit Administration Drug and Alcohol Regulations.
4. Any costs reimbursed to the Grantee from other grant programs funds may not be listed as a cost
to be shared by FTA on a reimbursement request (i.e., no double billing).
5. The Grantee shall maintain and report annually through submission of an annual report all
information required by the National Transit Database and any other financial, fleet, service data
set forth by the State for the purpose of annual reporting required of the State.
6. If the Grantee is unable to perform the activities described under paragraph E., Project Description
of this section or must significantly change its level of service described herein, the Grantee shall
notify the State in writing.
7. The Grantee must have State approval if FTA funds are to be used for payment of a lease or third -
party contracts.
8. The Grantee shall not purchase, issue a purchase order, or lease capital equipment before the
contract with the State has been executed.
G. Safety Data
The Grantee shall maintain and submit, as requested, data related to bus safety. This may include, but
not be limited to, the number of vehicle accidents within certain measurement parameters set forth by
the State; the number and extent of passenger injuries or claims; and, the number and extent of
employee accidents, injuries and incidents.
H. Training
In an effort to enhance transit safety, the grantee shall make a good faith effort to ensure that
appropriate training of agency personnel is occurring and that personnel are update in appropriate
certifications. In particular, the grantee shall ensure that driving personnel are provided professional
training in defensive driving and training on the handling of mobility devices and elderly and disabled
persons.
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THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT
Persons signing for Grantee hereby swear and affirm that they are authorized to act on The Grantee's
behalf and acknowledge that the State is relying on their representations to that effect.
THE GRANTEE STATE OF COLORADO
EAGLE COUNTY
By:
Fein D 1 ( ki John W. Hickenlooper, Governor
Transportation
Colorado Department of Trans
Name of Authorized Individual P P
(for) Donal • E. un r ecutive Director
Title: i IYY Lfl ;ft/ i 11 ±1..1W .111 1 �Tl{11P.f"5
Official f �,��li . Individual
/ .� // U1�— b11rP,
B : (for) Donald E. ` I nt xecutive Director
(VI - WV"
Date: (Y.1 "t I (?/' Date: 1 \ S' \ O
2nd Grantee Signature if Needed LEGAL REVIEW
By: John W. Suthers, Attorney General
Name of Authorized Individual
Title: By: /�
Official Title of Authorized Individual Signature Assistant Attorney General
*Signature Date:
Date:
ALL GRANTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS 524.30 -202 requires the State Controller to approve all State Amendments. This Amendment is not valid until signed
and dated below by the State Controller or delegate. Grantee is not authorized to begin performance until such time.
Except as specified herein, if Grantee begins performing prior thereto, the State of Colorado is not obligated to pay
Grantee for such performance or for any goods and/or services provided hereunder.
STATE CONTROLLER
1 3 *rid J. McDermot,A
By: f/ 7
"'troller- Colorado P rtment of Transportation
Date: ` /A5/0-
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