HomeMy WebLinkAboutR99-225 IGA with state for provision of public transportation3
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Commissioner moved adoption
of the following Reso rtion:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO.99 - Q,�5
A RESOLUTION AUTHORIZING THE CHAIRMAN TO THE EAGLE COUNTY
BOARD OF COUNTY COMMISSIONERS TO ENTER INTO AN
INTERGOVERNMENTAL AGREEMENT WITH THE STATE DEPARTMENT OF
TRANSPORTATION, DIVISION OF TRANSPORTATION DEVELOPMENT, FOR THE
PROVISION OF PUBLIC TRANSPORTATION SERVICES IN NONURBANIZED
AREAS
WHEREAS, the County of Eagle, State of Colorado, by and through its Board of County
Commissioners (hereinafter "County ") has the authority to enter into intergovernmental
agreements pursuant to the provisions of §29 -1 -203, C.R.S., which authorizes local governments
to cooperate and contract with one another to provide any function or service authorized to one of
them; and
WHEREAS, the State of Colorado, State Department of Transportation, Division of
Transportation Development, has obtained certain unencumbered Federal funds for the provision
of public transportation services in nonurbanized areas; and
WHEREAS, the State Department of Transportation, Division of Transportation
Development, is responsible for the disbursement of these funds; and
WHEREAS, the County is desirous of obtaining said funds for the provision of public
transportation services to residents of, and has, through its Eagle County Regional Transportation
Authority, filed an application with the State for this purpose; and
WHEREAS, the State has proposed an intergovernmental Agreement with Eagle County-
by and through its Regional Transportation Authority to provide funds for such services; and
WHEREAS, the County desires to accept the funds for such services pursuant to the
conditions of the agreement; and
WHEREAS, the County by and through its Regional Transportation Authority desires to
work together withe the State Department of Transportation to effect said services as provided in
the agreement; and
WHEREAS, the County desires to approve the attached contract between Eagle County
and the State Department of Transportation, agrees with the terms and conditions stated herein
and authorizes the Chairman to the Eagle County Board of County Commissioners to sign said
contract.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, the County hereby approves the attached contract between Eagle and the
State Department of Transportation, agrees with the terms and conditions stated herein and
authorizes the Chairman to the Eagle County Board of County Commissioners to sign said
contract.
THAT, the County hereby obligates its local funds share of $42,043.00, as required by
Exhibit A.
THAT, this Resolution is necessary for the public health, safety and welfare of the
citizenry of the County of Eagle, State of Colorado.
MOVED, READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held the <10U. day of December,
1999.
ATTEST:
Clerk to the Bo d of
County Commissioners
COUNTY OF EAGLE, STATE OF
COLORADO, by and Through Its
BOARD OF COUNTY COMMISSIO
By:
Johnnette Phillips
Chairman,
Tom C. Stone
Commissioner
Commissioner seconded adoption of the foregoing resolution. The roll
having been called, the vote was as follows:
Commissioner Phillips
Commissioner Stone
Commissioner Johnson
T
This Resolution passed by C 9 — 0 vote of the Board of County Commissioners of
the County of Eagle, State of Colorado.
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96 -144
-3-
AGREEMENT
e 3
THIS AGREEMENT, made this day of . 19—, by and between the
STATE OF COLORADO for the use and benefit of the STATE DEPARTMENT OF
TRANSPORTATION, DIVISION OF TRANSPORTATION DEVELOPMENT, hereinafter referred to
as the State, and EAGLE COUNTY REGIONAL TRANS. AUTHORITY, P.O. BOX 1564.
AVON. CO 81620 , 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 9730 and 9731 Appropriation Code 402 , Program Code
5000. Function Code 1510 Object Code 5180 1 N GBL Code SN 50 and SP 50.
Reporting Code 0526. FEIN Number 846000762 R , Encumbered Amount $ 9,143 and $ 78.600 and;
WHEREAS, required approval, clearance, and coordination has been accomplished from and
with appropriate agencies; and
WHEREAS, Section 5311, of 49 U.S.C.§ § 5301 et seq., as amended, hereinafter referred to as
the Federal Transit Act or 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 5311 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 5311 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
5311 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 non urbanized 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.
SECTION 2. ACCOMPLISHMENT OF THE PROTECT
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,"
Exhibit B, "Audit Requirements ", Exhibit C, "Security Agreement" (if applicable), Exhibit D, "Sample
Change Order Letter," which are 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 non - governmental
bodies. The Grantee further agrees to follow the "Common Rule Guidelines for Recipients of FTA Funds ",
and the applicable provisions of 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. 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 Grantee 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 affect 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 State's
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 arising
out of this Agreement or the Project.
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 to the Grantee.
SECTION 3. ETHICS
A. Code of Ethics. The Grantee agrees to maintain and to require its subcontractors to maintain a written
code or standards of conduct that shall govern the performance of its officers, employees, and board
members engaged in the award and administration of contracts supported by Federal funds. The code or
standards shall also provide that the Grantee's and subcontractor's officers, employees, and board members
shall neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential
contractors or subrecipients. The Grantee and subcontractor 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 and subcontractor's officers, employees, and board
members.
(1) Personal Conflict of Interest The Grantee's and subcontractor's code or standards must
provide that no employee, officer, or board member, of the Grantee and subcontractor may
participate in the selection, award, or administration of a contract supported by Federal funds
if a real or apparent conflict of interest 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, or board member;
b. Any member of his or her immediate family;
c. His or her partner;
d. An organization that employs, or is to employ, any of the above.
(2) Organizational Conflict of Interest The Grantee's and subcontractor's code or standards of
conduct must include procedures for identifying and preventing real and apparent organizational
conflicts of interest. An organizational conflict of interest exists when the nature of the work to be
performed under a proposed third party contract may, without some restrictions on future
activities, result in an unfair competitive advantage to the contractor or impair the contractor's
objectivity in performing the contract work.
B. 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.
C. Prohibition Against Use of Federal Funds for Lobbying The Grantee agrees to refrain from using
Federal funds to support lobbying and to comply with the applicable provisions of 31 U.S.C. § 1352and
U.S. DOT regulations, "New Restrictions on Lobbying," 49 C.F.R. Part 20. If the Grantee is receiving
$100,000 or more in Federal funds, it agrees it shall specifically certify compliance with these provisions
in a format provided by the State.
D. Employee Political Activity The terms of the "Hatch Act ", 5 U.S.C. § § 1501 through 1508, and
Office of Personnel Management regulations, "Political Activity of State and Local Officers or
Employees," 5 C.F.R. Part 151, apply to State and local agencies and their officers and employees to the
extent covered by the statute and regulations. The "Hatch Act" restricts the political activity of an
individual principally employed by a State or local executive agency in connection with a program
financed in whole or in part by a Federal loan, grant, or cooperative agreement. However, the "Hatch Act"
does not apply to a non - supervisory 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.
E. 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.
H 3801 et sea ., and 49 U.S.C. app. § 1607a(h), as the State deems appropriate. The terms of U.S. DOT
regulations, 'Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to Project.
SECTION 4. PRO IECT 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 Project Consistent with the provisions of 49 C.F.R. 18.2 1,
or OMB Circular A -110, Revised, whichever is applicable, the Grantee agrees to record in the Project
account, and deposit in a financial institution, Project payments received by it from the State pursuant to
this Agreement and all other funds provided for, accruing to, or otherwise received on account of the
Project (Project Funds). The Grantee is encouraged to use financial institutions that are owned at least 50
percent by minority group members.
C. Documentation of Project Costs All allowable costs charged to the Project, including any approved
services contributed by the Grantee or others, shall be supported by properly executed payrolls, time.
records, invoices, contracts, or vouchers evidencing in detail the nature of the charges. The Grantee also
agrees to maintain accurate records of all Program Income derived from Project implementation; this
requirement, however, does not apply to income of the Grantee that is determined by the State to be
private.
D. Checks. Orders. and Vouchers The Grantee agrees to refrain from drawing checks or orders for goods
or services to be charged against the Project account until it has on file in its office a properly signed
voucher describing in proper detail the purpose of the expenditure. The Grantee also agrees that all checks,
payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in
part to the Project shall be clearly identified, readily accessible, and to the extent feasible, kept separate
from documents not pertaining to the Project.
SECTION 6. 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. Reporting and record - keeping requirements for
governmental recipients are set forth in 49 C.F.R. Part 18. Reporting and record - keeping requirements for
private non - profit and for - profit recipients, are set forth in OMB Circular A -110. Project closeout does not
alter these requirements.
B. 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 the contract, and to audit
the books, records, and accounts involving the contract as it affects the Project.
C. Reportin¢ During the term of this Project, except as provided in (5) below, the Grantee shall submit
requests for reimbursements to the State in accordance with the requirements of this Section and with
detailed written instructions provided by the State.
4
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 the Project.
b. Operating and financial data.
c. An annual certification of Project equipment if capital equipment was purchased as part of this
Agreement.
3. Requests for reimbursement for Project costs will be paid to the Grantee after presentation of
invoice(s) to the State for eligible costs through the date set forth in Exhibit A..
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 herein or in Exhibit A. If
reports and request for reimbursements are not submitted within these times 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 9 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 9 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 in which there is a federal interest in the equipment, as
determined by the State.
6. The Grantee agrees to provide any other reports the State 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 tetras of
this Agreement;
2. Be necessary in order to accomplish the Project;
3. Be reasonable for the goods or services purchased;
4. Be actual net costs to the Grantee (i.e., the price paid minus any refunds, rebates, or other items
of value received by the Grantee that have the effect of reducing the cost actually incurred,
excluding Program Income);
5. Be incurred (and be for work performed) after the date of this Agreement;
6. Unless permitted otherwise by Federal statute or regulation, conform with Federal Guidelines or
regulations and Federal cost principles as set forth below:
(a) For Grantees that are governmental organizations, the standards of OMB Circular A -87,
Revised, "Cost Principles for State and Local Governments' apply.
(b) For Grantees that are private nonprofit organizations, the standards of OMB Circular
A -122, Revised, "Cost Principles for Nonprofit Organizations" apply.
(c) For Grantees that are private for - profit organizations, the standards of the Federal
Acquisition Regulation, 48 C.F.R. Chapter 1, Subpart 31.2, "Contracts with Commercial
Organizations" apply.
7. Be satisfactorily documented; and
8. Be treated uniformly and consistently under accounting principles and procedures approved and
prescribed by FTA or the State for the Grantee, and those approved or prescribed by the Grantee
for its contractors .
C. Disallowable Costs In determining the amount of Federal assistance FTA will provide, 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.
3. Any cost incurred by the Grantee after the termination 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.
D. Final Determination The Grantee agrees that reimbursement of any cost under this Agreement does
not constitute a final State decision about the allowability of that cost and does not constitute a waiver of
any violation by the Grantee of the terms of this Agreement. The Grantee understands that the State will
not make a final determination about the allowability of any cost until an audit of the Project has been
completed. If the State determines that the Grantee is not entitled to receive any part of the Federal funds
requested, the State will notify the Grantee stating the reasons therefor. Project closeout will not alter the
Grantee's obligation to return any funds due to the State as a result of later refunds, corrections or other
transactions. Nor will Project closeout alter the State's right to disallow costs and recover funds on the
basis of a later audit or other review. Unless prohibited by law, the State may recoup any Federal assistance
funds 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.
E. 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, in accordance with guidelines in the Master Agreement. F.
Deobliaation of Funds. The State reserves the right to deobligate unexpended Federal funds before Project
closeout.
SECTION 8. AUDIT 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 -133, 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 goverment, Indian Tribal government or
private nonprofit organization. Pursuant to the FTA criteria, FTA or the State may waive the OMB
Circular A -133 audit requirement or substitute a requirement of a grant audit performed in accordance with
the Comptroller General 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 Grantees 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 Al22,
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. TERMINATION
A. Termination by own terms This Agreement will terminate by its own terms as set forth in Exhibit A.
B. For Convenience The parties may rescind this Agreement and terminate the Project if both parties
agree that the continuation of the Project would not produce beneficial results commensurate with the
further expenditure of funds.
C. For Cause 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 canceled. 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 as directed by the State for disposition. The Grantee will also be subject to the provisions of
Exhibit C, Security Agreement, where applicable.
SECTION 10. REAL PROPERTY. EQUIPMENT AND SUPPLIES
A. Use of Project Equipment Where appropriate, the Grantee agrees that Project real property,
equipment, and supplies shall be used for the provision of transit services for the duration of their useful
life, as determined by the State. Should the Grantee unreasonably delay or fail to use Project real property,
equipment, or supplies during their useful life, the Grantee agrees that the State may require the Grantee to
return the entire amount of the Federal assistance expended on that real property, equipment, or supplies.
The Grantee further agrees to notify the State immediately when any Project real property or equipment is
withdrawn from use in transit service 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 Exhibit A, "Scope of Work and
Conditions" .
B. General Requirements A Grantee that is a governmental entity agrees to comply with the property
management standards of 49 C.F.R. § § 18.3 1, 18.32, and 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 OMB Circular A -110, Revised, including any amendments thereto, and other
applicable guidelines or regulations that the State may issue. Exceptions to these requirements of 49
C.F.R.§ §18.31, 18 .32, and 18.83, and to OMB Circular A -110, Revised, must be specifically approved
by the State.
C. Definition of Proiect Equipment Project equipment shall include any equipment item with a unit
cost of $1,000 or more and a useful life exceeding one year.
D. Maintenance of Project Equipment The Grantee agrees that Project equipment shall be maintained in
good operating order, and in accordance with any guidelines, directives, or regulations that FTA or the
State may issue.
E. Title to Project Equipment Title to Project equipment shall be in the Grantees name and shall be
subject to the restrictions on use and disposition of the Project equipment set forth herein. The State shall
retain physical possession of said title until there is no longer any Federal interest in the Project equipment.
The State shall place a lien on the Project equipment in the amount of the Federal share of the Project, as
set forth in Exhibit A, and shall maintain such lien until there is no longer any Federal interest in the
Project equipment or until disposition of the equipment, which ever comes first. The Grantee shall comply
with the provisions of the Security Agreement set forth in Exhibit C.
SECTION 11. ENCUMBRANCE OF PROTECT PROPERTY
A. Unless expressly authorized in writing by the State, the Grantee agrees to refrain from:
1. Executing any transfer of title, 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 which Grantee owns, or
2. Obligating itself in any manner to any third party with respect to Project real property or equipment
which Grantee owns.
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 which Grantee owns.
SECTION 12. INSURANCE
A. The Grantee agrees to carry and to require subcontractors and subrecipients to carry standard Worker's
Compensation insurance in statutory limits.
B. If the Grantee receives Federal funding for capital equipment and/or operating assistance, the Grantee
agrees to:
1. Maintain and to require subcontractors and subrecipients to maintain in full force and effect
during the term of the Agreement 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. If the Grantee is a "public entity" within the meaning of the Colorado
Governmental Immunity Act, Section 24 -10 -101, et.seq. C.R.S. as amended ( "Act "), the Grantee shall
maintain such insurance by commercial policy or self - insurance as is necessary to meet Grantee's liabilities
under the Act.
2. Submit annually to the State, within 30 days of the issuance of each insurance policy, certification
that demonstrates the Grantee and subcontractors and subrecipients are carrying the above described
insurance.
3. Name the State or require subcontractors and subrecipients to name the State as loss payee on the
policies for equipment purchased with Project funds and submit evidence of such to the State annually.
C. The Grantee shall name the State as loss payee on the insurance policies for equipment purchased with
Project funds and submit evidence of such to the State annually.
D. Where appropriate 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. Section 4012(a) , with respect to
any Project activity involving construction or acquisition.
SECTION 13. PROCUREMENT
A. Federal and State Procurement Standards. The Grantee agrees that all purchases -financed in whole or
in part pursuant to this Agreement by the State or the Grantee, will be in accordance with Colorado
Department of Transportation guidelines, applicable State law, and the standards set forth in 49 C.F. R.
Part 18 or OMB Circular A -102, as may be applicable, and with any supplementary directives or
regulations including FTA Circular 4220. 1B, and any revisions thereof, as may be applicable. The
Grantee agrees to use Project funds for capital equipment only as described in Exhibit A, "Scope of Work
and Special Conditions ".
B. Exclusionary or Discriminatory Specifications Apart from inconsistent requirements imposed by
Federal statute or regulations, the Grantee agree 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. § 5626(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 State, the Grantee shall refrain from
awarding any third parry contract to a party included in the U.S. General Services Administration's list of
Parties Excluded from Federal Procurement or Non - procurement Programs. Before entering into any third
party contract exceeding $100,000, the Grantee agrees to obtain a debarment and suspension certification
from each such third party contractor and provide the State a copy of such certification, as requested by the
State.
F. Buy America For any purchase utilizing FTA funds and exceeding a threshold cost of $100,000, the
Grantee must comply with 40 U.S.C. § 5323 0), 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 - Fla2 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. Pre -award and Post - delivery 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 -parry contract, as used in this
Agreement, is defined as a contract between the Grantee and any subcontractor from which the Grantee
has procured a good and/or service commercially from the subcontractor through written agreement. The
State has a vested interest in the settlement of disputes, defaults, or breaches involving any
federally- assisted third party contracts. The State retains the right to a proportionate share, based on the
percentage of the Federal share committed to the Project, of any proceeds derived from any third party
recovery. Therefore, the Grantee shall avail itself of all legal rights available under any, third party contract.
The Grantee shall notify the State of any current or prospective litigation or major disputed claim
pertaining to any third party contract. The State reserves the right to concur in any compromise or
settlement of the Grantee's claim(s) involving any third parry 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 parry 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 parry
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.
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.
2. As authorized by 49 C.F.R. § 18.34, the FTA reserves a royalty-free, nonexclusive, and
irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal
Government purposes:
(a) Any work developed under a grant, cooperative agreement, sub - grant, or third party contract,
irrespective if whether or not copyright has been obtained; and
(b) Any rights of copyright to which a Grantee, sub - recipient, or a third party contractor purchases
ownership with Federal assistance.
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 following requirements apply to the Project:
(1) In implementing the Project, the Grantee may not discriminate against any employee or applicant
for employment because of race, color, creed, sex, disability, age, or national origin. The Grantee agrees to
take affirmative action to ensure that applicants are employed, and that employees are treated during
employment, without regard to their race, color, creed, sex, disability, age, or national origin. Such action
shall include, but not be limited to, the following: employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation;
and selection for training, including apprenticeship. The Grantee shall insert the foregoing provisions
(modified only to show the particular contractual relationship) in all its third patty contracts for Project
implementation, except contracts for standard commercial supplies or raw materials and construction
contracts, and shall require all such contractors to insert a similar provision in all subcontracts, except
subcontracts for standard commercial supplies or raw materials.
(2) If, as a condition of assistance, the Grantee has submitted and the State and FTA has approved, an
equal employment opportunity program that the Grantee agrees to carry out, such program is incorporated
into this Agreement by reference. Such program shall be treated as a contractual obligation; and failure to
carry out the terms of that equal employment opportunity program shall be treated as a violation of this
Agreement. Upon notification to the Grantee of its failure to carry out the approved program, the State and
FTA will impose such remedies as they may deem appropriate, which remedies may include termination of
financial assistance as set forth in Section 9 of this Agreement or other measures that may affect the ability
of the Grantee to obtain future financial assistance under the Federal Transit Act, as amended; Title 23,
United States Code (Highways), or the Intermodal Surface Transportation Efficiency Act of 1991, Pub.L.
102 -240.
C. Disadvantaged Business Enterprises The Grantee agrees to facilitate participation of disadvantaged
business enterprises (DBEs) as follows:
(1) The Grantee agrees to comply with current U.S. DOT regulations at 49 C.F.R. Part 23, including
any amendments that may be issued during the tern of this Agreement.
10
(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 U.S. DOT assisted contract. The Grantee agrees to take all necessary
and reasonable steps under 49 C.F.R. Part 23 to ensure that eligible DBEs have the maximum feasible
opportunity to participate in U.S. DOT assisted contracts. The Grantee's DBE program, if required by 49
C.F.R. Part 23 and as approved by the U.S. DOT, is incorporated by reference in this Agreement.
Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a
violation of this Agreement. Upon notification to the Grantee of its failure to carry out its approved
program, the U.S. DOT may impose sanctions as provided for under 49 C.F.R. Part 23.
(3)The Grantee agrees to include the following clause in all agreements between the Grantee and
Subrecipients and in all third party contracts assisted by the FTA between the Grantee or subrecipients and
third part contractors:
The (Contractor, Sub - recipient, or Subcontractor) shall not discriminate on the basis of race, color,
national origin, or sex in the performance of this (contract or agreement). The recipients of 49 C.F.R. Part
23 and the grantee's U.S. DOT - approved Disadvantaged Business Enterprise DBE) Program (where
required) are incorporated in this (contract or agreement) by reference. Failure by the (Contractor,
Subrecipient, or Subcontractor) to carry out these requirements is material breach of this (contract or
agreement), which may result in the termination of this (contract or agreement or such other remedy as (the
Grantee) deems appropriate.
(4) The Grantee agrees to treat lessees as follows:
(a) The Grantee agrees not to exclude DBEs from participation in business opportunities by
entering into long -term, exclusive agreements with non -DBEs for the operation of major
transportation- related activities for the provision of good and services to the facility or to the
public on the facility.
(b) Except as provided in this Section, the Grantee agrees to include lessees in its affirmative
action programs. The requirements of 49 C.F.R Part 23, do not apply to lessees, except for the
requirement that lessees avoid discrimination against DBEs.
D. Access Requirements for Individuals with Disabilities The Grantee agrees to comply with, and require
that any sub - recipient, or third party contractor under this Project complies with all applicable requirements
of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. § 12101 et seq.;
section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794; and the following Federal
regulations including 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 Benefiting 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, "Construction and Alteration of Public Buildings,"
"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
11
10. Any implementing requirements FTA may issue.
SECTION 17. ENVIRONMENTAL AND RESOURCE CONSERVATION REQUIREMENTS
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 sea , the Clean Air Act, as amended, 42 U.S.C. § § 7401 et sea 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 sea .; and the Comprehensive
Environmental Response, Compensation, and Liability Act, as amended, 42 U.S.C. § § 6901 et sea 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 the FTA. The Grantee expressly understands that this list does not
constitute the Grantee's entire obligation to meet Federal requirements.
A. Air Quali ty. The Grantee agrees to comply with applicable requirements for EPA regulations,
"Conformity to State or Federal Implementation Plans of 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 the Project, the Grantee agrees to
implement each air quality mitigation and control measure incorporated in the Project. The Grantee agrees
that any Project identified in an applicable State Implementation Plan (SIP) as a Transportation Control
Measure, will be wholly consistent with the description of the design concept and scope of the Project set
forth in the SIP. EPA also imposes requirements pertaining to the Clean Air, as amended, that may apply
to transit operators, particularly operators of large transit bus fleets. Thus, the Grantee should be aware that
the following EPA regulations, among others, may apply to its Project: "Control of Air Pollution From
Motor Vehicles and Motor Vehicle Engines," C.F.R. Part 85; "Control of Air Pollution From New and
In -Use Motor Vehicles and New and In -Use Motor Vehicle Engines: Certification and Test Procedures,"
40 C.F.R. Part 86; and "Fuel Economy of Motor Vehicles," 40 C.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. 442 (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 requirements 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, if a recipient of funds from Section 53 1 1, 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
12
a
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 CFR Part 653.
B. Alcohol Abuse The Grantee, if a recipient of funds from Section 5311, 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 CFR 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.
SECTION 21. SCHOOL BUS OPERATIONS Neither the Grantee nor any mass transit operator that
acts on behalf of the Grantee may engage in school bus operations exclusively for the transportation of
students or school personnel in competition with private school bus operators, except as provided in
Section 3(g) of the Federal Transit Act, as amended, 49 U.S.C. app. § 1602(g), and FTA regulations,
"School Bus Operations," 49 C.F.R Part 605, and any amendments that may be issued. Any school bus
agreement entered into under these regulations is incorporated into this Agreement by reference.
SECTION 22. LABOR PROTECTION The Grantee, if a recipient of funds from Section 5311, agrees
to comply with the terms and conditions of the Section 13(c) special warranty for the Section 5311
program agreed to by the Secretaries of Transportation and Labor dated May 31, 1979, and the procedures
implemented by the Department of Labor or any revision thereto.
SECTION 23. CHARTER SERVICE OPERATIONS If a recipient of funds from Section 5311,
neither the Grantee nor any mass transit operator that acts on behalf of a Grantee may engage in charter bus
service operations, except as provided under section 30 of the Federal Transit Act, as amended, 49 U.S.C.
app. § § 1602(f), and FTA regulations, "Charter Service, 49 C.F.R. Part 604. Any charter service
agreement entered into under these regulations is incorporated into this Agreement by reference. The
Grantee shall certify its compliance with these provisions in writing to the State in a format provided by the
State.
SECTION 24 CHANGE ORDER PROVISIONS The State may prospectively increase or decrease the
amount payable under this Agreement through a "Change Order Letter', approved by the State Controller
or his designee, in the form attached hereto as Exhibit D, subject to the following conditions:
A. The Change Order Letter ( "Letter ") shall include the following:
(1) Identification of contract by contract number and affected paragraph number(s);
(2) Types of services or programs increased or decreased and the new level of each service;
(3) Amount of the increase or decrease in the level of funding for each service and the total;
(4) Intended effective date of the funding change;
(5) A provision stating that the Change shall not be valid until approved by the State Controller
or such assistant as he may designate;
B. Upon proper execution and approval, such letter shall become an amendment to this Agreement and,
except for the General and Special Provisions of the Agreement, the Letter shall supersede the Agreement
in the event of a conflict between the two. It is understood and agreed that the Letter may be used only for
increased or decreased funding, and corresponding adjustments to service level and any budget line items.
C. If the Grantee agrees to and accepts the change, the Grantee shall execute and return the letter to the
State by the date indicated in the letter. In the event the Grantee does not accept the change, or fails to
timely return the executed letter, the State may, upon notice to Grantee, terminate this Agreement effective
at any time after twenty (20) days following the return deadline specified in the after. Such notice shall
specify the effective date of termination. In the event of termination, the parties shall not be relieved of
their obligations up to the effective date of termination.
13
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D. Increases or decreases in the level of contractual funding made through the letter process during the
term of this Agreement may be made under the following circumstances:
(1) If necessary to fully utilize non - appropriated federal grant awards.
(2) Adjustments to reflect current year expenditures.
(3) Supplemental non - appropriated federal funding changes resulting in an increase or decrease
in the amounts originally budgeted and available for the purposes of this Project.
(4) Closure of programs and/or termination of related contracts.
(5) Delay or difficulty in implementing new programs or Services.
(6) Other special circumstances as deemed appropriate by the State.
SECTION 25. OPTION PROVISIONS
A. Continued Performance The State may require the continued performance, for a period of no more
than one year, of any services within the limits and in the amounts specified in the Agreement. The State
may exercise the option by written notice to the Grantee deposited in the mail before the end of the
performance period of the Agreement using a form substantially equivalent to Exhibit E, "Sample Option
Form Letter". The State shall give the Grantee 30 days preliminary written notice of its intent to execute
the option. Preliminary notice does not commit the State to an extension. If the State exercises this option,
the extended Agreement shall be considered to include this option provision. The total duration of this
Agreement, including the exercise of any options under this clause shall not exceed three (3) years.
Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon
funds for that purpose being appropriated, budgeted, and otherwise made available.
B. Increased Performance The State may require increased performance at the same rate and under the
same conditions as described in the Agreement, and following the same provisions as set forth above in
(A)
SECTION 26. MISCELLANEOUS
A. The Special Provisions attached hereto are hereby made a part of this Agreement.
B. The Grantee agrees to take appropriate measures necessary to ensure compliance by all third party
contractors and other entities participating in the Project with those Federal requirements applicable to
their performance in the Project. To that end, the Grantee shall include in all third party subcontracts
entered into pursuant to this Agreement the above Sections which are so indicated therein, using a format
suggested by the State. The Grantee shall notify the State of all third party contracts using Project funds. 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 contract is subject to a financial assistance agreement 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 into 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 the Grantee has been lawfully delegated the
authority to sign this Agreement on behalf of the Grantee.
D. Remedies for Grantee's failure to comply with any federal or state laws or regulations specified herein
shall be limited to the remedies specified in such laws and regulations together with the remedies stated in
this Agreement.
E. This agreement is intended solely to fund the Project proposed by Grantee and to define the rights and
responsibilities between the parties with respect to such funding. This Agreemenvis not intended to create
any third party rights nor are third parties entitled to rely upon any provision.
F. This Agreement is subject to and contingent upon the continuing availability of Federal funds for the
14
I )
purposes hereof. The parties hereto expressly recognize that the contractor is to be paid, reimbursed, or
otherwise compensated with funds provided to the State by the Federal Government for the purpose of
contracting for the purpose of contracting for the services provided for herein, and therefore, the contractor
expressly understands and agrees that all its rights, demands, and claims to compensation arising under this
contract are contingent upon receipt of such funds by the State. In the event that such funds or any part
thereof are not received by the State, the State may immediately terminate this contract without liability,
including liability for termination costs.
G. Pursuant to CRS 24 -30 -202.4 (as amended), the state controller may withhold debts owed to state
agencies under the vendor offset intercept system for: (a) unpaid child support debt or child support
arrearages; (b) unpaid balance of tax, accrued interest, or other charges specified in Article 22, Title 39,
CRS; (c) unpaid loans due to the student loan division of the department of higher education; (d) owed
amounts required to be paid to the unemployment compensations fund; and (e) other unpaid debts owing to
the state or any agency thereof, the amount of which is found to be owing as a result of final agency
determination or reduced to judgement as certified by the controller.
15
EXHIBIT A
SCOPE OF WORK AND CONDITIONS
EAGLE COUNTY REGIONAL TRANSPORTATION AUTHORITY
A. Standards of Performance
1. The Grantee will provide a minimum of 65.995 one -way passenger trips per month
(averaged quarterly), at a maximum operating and administrative cost of $4.34 per trip
and a minimum rate of .57 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 S.
B. Project Budget
1. The net Project cost is estimated to be and shall be shared as follows:
Admin Cost Operating Deficit
GBL SN 50 SP 50
Federal Share (70 %) $ 6,400 (50 %) $39,300
Local Share (30 %) 2,743 (50 %) 39,300
TOTAL $ 9,143 $78,600
2. The Project Cost shall not exceed the maximum allowable cost of $87,743. The State will
pay no more than 70% of only the eligible, actual administrative costs up to the maximum
federal amount of 6,400; no more than 50% of only the eligible, actual operating costs
up to the maximum federal amount of $39,300. 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 $87,743, 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.
v
Season Pass $200.00
ElderlyNouth (Students) Ride free
Express Ticket Books $132.00 for 44 Round trips
Service will be have an in season schedule and off season schedule. Dotsero to Vail will
have the same hours for both seasons 6 -7am and 5 -6pm. Leadville hours will be the same
for both seasons 5 -7am and 4 -6pm daily. Beaver Creek and Edwards to Vail will operate in
season are 5am -lam and offseason 5am - 11pm. The grantee will purchase two
additional transit coaches in 1998 for expanded service.
The Grantee will advertise its rural service as available to the general public. Service will
not be explicitly limited by trip purpose or client type. The Grantee may provide public
transportation on vehicles funded by Section 5310 so long as the percentage of non - elderly
and non - disabled trips does not exceed 20 %.
The Grantee will provide comparable transportation services 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 5310, RTAP)_ may not be listed as a cost to be shared by FTA on
the monthly reimbursement request.
f ,
IN WITNESS WHEREOF, the parties hereto have executed this
agreement the day and year first above written.
ATTEST:
Chief Clerk
APPROVED:
ARTHUR L. BARNHART
State Controller
M
STATE OF COLORADO
BILL OWENS, GOVERNOR
By
Jennifer Finch
Division Director
Division of Transportation
Development
KEN SALAZAR
Attorney General
By N/A - Waiver
BARRY B_ RYAN
Assistant Attorney General
Natural Resources Section
ATTEST
4 ga:.
0
FOR THE GRANTEE:
Title
