HomeMy WebLinkAboutresolution.council.020-07
RESOLUTION # 20
SERIES OF 2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING THE LAW ENFORCEMENT ASSISTANCE FUND
(LEAF) CONTRACT
WHEREAS, the City of Aspen, on behalf of the Aspen Police Department,
has submitted an application to the Colorado Department of Transportation,
Office of Transportation Safety for funding a LEAF project for the enforcement of
laws pertaining to the driving under the influence of alcohol or other drugs,
pursuant to 343-4-401 through 404, CRS and to LEAF Rules at 2CCR 602.1; and
WHEREAS, the State has approved an application and has prepared the
LEAF Contract which provides $20,000; and
WHEREAS, the City of Aspen has the authority and responsibility to fund
the Aspen Police Department and to sign contracts on behalf of the Aspen Police
Department; and
WHEREAS, a resolution by the City of Aspen formally approving the LEAF
Contract and authorizing the proper signature to be affixed to the Contract
indicating such approval is required by the State of Colorado.
NOW, THEREFORE, BE IT RESOLVED, the City of Aspen hereby
approves the term, conditions and obligations of LEAF Contract and hereby
authorizes the appropriate authority to sign the LEAF Contract on behalf of the
City of Aspen.
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Attachment "e"
DEPARTMENT OR AGENCY NUMBER: HAA
CONTRACT ROUTING NUMBER: 07 HTS XXXXX
Inter-Governmental Contract
THIS GRANT CONTRACT, made this day of ,2007 by and
between the State of Colorado, for the use and benefit of the Department of Transportation,
Office of Transportation Safety, 4201 East Arkansas Avenue, Denver, Colorado 80222,
hereinafter referred to as the State, and the City of Aspen, Aspen Police Department, hereinafter
referred to as "the Contractor".
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 Number 403. Appropriation Code 307, Orgn 9813, GBL Number LF-82, Function
8001, FEIN Number 84-6000563; and
WHEREAS, required approval, clearance and coordination has been accomplished from and
with appropriate agencies; and
WHEREAS, the State is authorized under Sections 43-5-401 and 24-42-103, eR.S., as
amended, to coordinate with the federal government and other entities to develop and implement
plans and programs involving all aspects and components of traffic safety in Colorado; and
WHEREAS, pursuant to Title 23 United States Code, Sections 402, 408, and 410, and to 23
Code of Federal Regulations, Parts 924, 1204 and 1205, the State has received approval and grant
funding for implementation of its Fiscal Year 2003-2005 Integrated Safety Plan (ISP), from the U.S.
Department of Transportation, National Highway Traffic Safety Administration and Federal
Highway Administration; and
WHEREAS, the ISP contains programs and activities which the State has determined, in
accordance with applicable criteria, are designed to reduce the frequency and severity of traffic
crashes or improve the operational efficiency of existing traffic safety programs in Colorado; and
WHEREAS, the State solicits and reviews grant Applications in accordance with applicable
grant program criteria and determines which agencies or entities would be most appropriate in
completing the objectives, conducting the activities and providing the services required by the ISP;
and
WHEREAS, the Contractor has submitted a grant Application to conduct certain activities
approved in the ISP, which Application has been approved by the State; and
WHEREAS, the Contractor, a political subdivision of the State, has the technical ability to
properly complete the objectives and activities of the Application, as described in Attachment B of
this contract; and
WHEREAS, it has been determined no State agency can reasonably conduct the activities
and provide the services required ofthe Contractor; and
WHEREAS, this contract is executed by the State under authority of Sections 43-5-401 and 24-
42-101, C.R.S., as amended, and is executed by the Contractor under authority of (Corporation: Section
7-22-101, C.R.S., as amended, together with a copy of the bylaws or articles of incorporation verifying
the undersigned has authority to bind the Contractor, and an attestation of the Contractor's signature by
the Corporate Secretary; Partnership: the signature of the general partner, attested to by another partner;
Individual: the notarized signature of the Contractor); and
WHEREAS, the Contractor warrants it has taken all necessary steps to ensure the individual signatory
below has the authority to sign this Contract on its behalf.
NOW THEREFORE, it is hereby agreed as follows:
I. The following Attachments and other documents are incorporated as terms and conditions
oftbis Contract.
A. Attachment A - Federal Regulations
B. Attachment B- Contract Objectives Plans and Evaluation
C. Attachment C- The Project Application
D. Attachment D- Contract Management Manual
The Contractor shall comply with all such terms and conditions in the performance of the Work.
2. If a conflict occurs between the terms and conditions of this Contract proper and the attachments
hereto, the priority to be used to resolve such conflict shall be as follows:
A. State "Special Provisions"
B. This Contract proper
C. Attachment B- Contract Objectives and Evaluation
D. Contract Management Manual
E. The Project Application
3. The Contractor shall perform the Work (carry out the program, conduct all the activities, and
provide the services) described in the Contract Objectives and Evaluation attached hereto as Attachment B.
4. In the performance of the Work, the Contractor shall comply with all applicable administrative
procedures and contract requirements contained in the October 1, 1994 Colorado Highway Safety Contract
Management Manual.
5. The Contractor shall submit periodic and final reports to the State according to the requirements
of the Contract Manual and the reporting criteria set forth in page X of Attachment B.
6. The Contractor shall comply with the budget for this contract as set forth in page X of
Attachment B. The Contractor shall be solely responsible for all costs incurred in excess of this budget amount.
7. The total estimated program costs shall be $ 20,000. Subject to the conditions of this contract,
the State and Contractor shall participate in providing this amount as follows:
A. State share (federal funds)
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shall not exceed
B. Contractor share
(estimated in-kind services as
detailed in application)
C. Total estimated program costs
$
$
20,000
o
$
20,000
The State share shall be comprised entirely of federal grant funds made available to the State. The State share
amount of this Contract shall not be exceeded without benefit of a fully executed written supplemental contract, or
other appropriate contract modification tool, executed prior to the incurrence of costs in excess of that amount. If
the actual total program costs are less than the estimated total program costs, including as a result of the
contractor's failure to supply all of the estimated contractor share, the state's share shall be reduced
proportionately. The term "proportionately" means the ratio of actual expenditures to total planned expenditures
for both State and contractor shares. The contractor may increase the contractor share without further State
approval, but this increase shall not increase the State share.
The Contactor is prepared to provide its match share of the cost.
8. PAYMENT TERMS. The State shall reimburse the Contractor for the satisfactory
performance of this Contract exclusively from funds made available for this contract under the Highway
Safety Act, Title 23, D.S.C. Section 402. Such reimbursement shall be only as provided in the Contract
Manual. Such reimbursement shall be contingent upon the contribution by the Contractor of its
participating share as provided herein, and shall be contingent upon the continuing availability of federal
funds under the Highway Safety Act, Title 23, D.S.C. Section 402, for the purposes hereof.
A. The State shall reimburse the Contractor's reasonable, allocable, allowable costs of
performance, as defined herein, of the Work, not exceeding the maximum total amount described above.
(1) To be eligible for reimbursement, costs incurred by the Contractor shall be:
(a) in accordance with the provisions of Attachment A and with the terms and conditions of this
Contract;
(b) necessary for accomplishment of the Work;
(c) . reasonable in amount for the goods or services purchased;
(d) actual net cost to the Contractor (i.e., the price paid minus any refunds, rebates, or other items
of value received by the Contractor that have the effect of reducing the cost actually
incurred);
(e) incurred for Work performed subsequent to the effective date of this Contract; and
(f) satisfactorily documented.
(2) The Contractor shall establish and maintain a proper accounting system in accordance with
generally accepted accounting standards (a separate set of accounts, or as a separate and integral part of its
current accounting scheme) to assure that project funds are expended and costs accounted for in a manner
consistent with this Contract and project objectives.
(a) All allowable costs charged to the project, including any approved services contributed by the
Contractor or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or
vouchers evidencing in detail the nature of the charges.
(b) Any check or order drawn up by the Contractor for any item which is or will be
chargeable against the project account shall be drawn up only in accordance with a properly signed
voucher then on file in the office of the Contractor, which will detail the purpose for which said check or
order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting
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documents shall be clearly identified, readily accessible, and to the extent feasible, kept separate and
apart from all other such document.
B. Unless otherwise provided, and where appropriate:
(I) The State shall establish billing procedures and reimburse the Contractor, based on the
submission of monthly statements in the format prescribed by the State. To be considered for payment,
billings for payment pursuant to this contract must be received within 60 days after the period for which
payment is being requested and final billings on the contract must be received by the State within 60 days
after the end of the contract term.
(2) Payments pursuant to this contract shall be made as earned, in whole or in part, from
available funds encumbered for the purchase of the described services. The liability of the State, at any
time, for such payments shall be limited to the amount remaining of such encumbered funds.
(3) In the event this contract is terminated, final payment to the Contractor may be withheld
at the discretion of the State until completion of final audit.
(4) Incorrect payments to the Contractor due to omission, error, fraud, or defalcation shall be
recovered from the Contractor by deduction from subsequent payment under this contract or other
contracts between the State and the Contractor, or by the State as a debt due to the State.
(5) The Contractor shall submit requests for reimbursement monthly, stating in the invoice a
detailed description of the amounts of services performed, the dates of performance, and amounts and
description of reimbursable expenses.
(6) The Uniform Administrative Requirements for Grants and Cooperative Contracts to
State and Local Governments (the "Common Rule"), and the applicable OMB Circulars cited therein,
shall govern the allowability and allocability of costs under this contract.
(7) Any costs incurred by the Contractor that are not allowable under the Common Rule
shall be reimbursed by the Contractor, or offset against current obligations due by the State to the
Contractor, at the State's election.
9. The term of this Contract shall begin on the effective date and shall terminate on
XXXXXXXXXX.2007. The effective date of this Contract shall be the date the required signature
approval of the State Controller is obtained on this Contract, as evidenced by the date first appearing
above. Contractor agrees that any contract work performed or costs incurred prior to the effective
date shall not be compensated under the terms of this Contract.
10. The Contractor agrees that any subcontract entered into under this Contract shall
meet all applicable state and federal requirements, including the requirements in Title 49, C.F.R.
Section 18.36 concerning competitive procurements, and must be approved by the Director, Office of
Transportation Safety, prior to execution. Contractor shall not assign this Contract without prior
written approval of the State: any assignment without such approval shall be void.
II. a) Termination Due to Loss of Funding. The parties hereto expressly recognize the
Contractor is to be paid, reimbursed, or otherwise compensated solely with federal funds provided to
the State for the purpose of contracting for the services provided for herein. Therefore, the Contractor
expressly understands and agrees 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 such funds or any part
thereof are not received by the State, the State may immediately terminate or amend this Contract.
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b) Termination for Cause. If, for any cause, the Contractor shall fail to fulfill in a
timely and proper manner its obligations under this Contract, or if the Contractor shall violate any of
the covenants, Contracts or stipulations of this Contract, the State shall thereupon have the right to
terminate this Contract for cause by giving written notice to the Contractor of such termination and
specifying the effective date thereof, at least 30 days before the effective date of such termination. In
that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models,
photographs and reports or other material prepared by the Contractor under this Contract shall, at the
option of the State, become its property, and the Contractor shall be entitled to receive just and
equItable compensation for any satisfactory work completed on such documents and other materials.
Any provision of this contract to the contrary notwithstanding, in the event termination of this contract
becomes necessary, in the state's sole discretion, to comply with any court order concerning state
personal services contracts generally or this contract, specifically, this contract may be terminated by
the state immediately upon the giving of notice to contractor without further obligation of the state.
c) Termination for Convenience. The State may terminate this Contract at any time
the State determines the purposes of the distribution of monies under the Contract would no longer be
served by completion of the Project. The State shall effect such termination by giving written notice
of termination to the Contractor and specifying the effective date thereof, at least 20 days before the
effective date of such termination.
12. 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 compensation 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.
13. Federal Funding. This contract is subject to and contingent upon the continuing
availability of Federal funds for the 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 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.
14. The Contractor shall maintain a complete file of all records, documents,
communications, and other written materials which pertain to the operation of programs or the delivery
of services under this contract, and shall maintain such records for a period oftbree (3) years after the
date of termination of this contract or final payment hereunder, whichever is later, or for such further
period as may be necessary to resolve any matters which may be pending. All such records, documents,
communications and other materials shall be the property of the State, and shall be maintained by the
Contractor in a central location and the Contractor shall be custodian on behalf of the State.
15. The Contractor, and its subcontractors, shall permit the State, Federal Government, or
any other duly authorized agent of a governmental agency to audit, inspect, examine, excerpt, copy
and/or transcribe Contractor's records during the term of this contract and for a period of three (3) years
following termination of this contract or final payment hereunder, whichever is later, to assure
compliance with the terms hereof, or to evaluate the Contractor's performance hereunder. The Contractor
shall also permit these same described entities to monitor all activities conducted by the Contractor
pursuant to the terms of this contract. As the monitoring agency may in its sole discretion deem
5
necessary or appropriate, such monitoring may consist of internal evaluation procedures, examination of
program data, special analyses, on-site check, or any other reasonable procedure.
16. All state and local government and non-profit organization Contractor's receiving more
than $500,000 from all funding sources, that are defined as federal financial assistance for Single Audit
Act Amendment purposes, shall comply with the audit requirements of OMB A-133 (Audits of
Institutions of Higher Education and Other Non-profit Organizations), whichever applies. The Single
Audit Act Amendment requirements that apply to Contractor's receiving federal funds are as follows:
. lfthe subcontractor expends less than $500,000 in Federal funds (all sources, not just Highway
funds) in its fiscal year then this requirement does not apply.
. If the subcontractor expends more than $500, 000 in Federal funds, but only received Highway funds
(Catalog of Federal Domestic Assistance, CFDA 20.205) then aprogram specific audit may be
performed. This audit will in only examine the "financial" procedures and processes for this
program area.
. lfthe subcontractor expends more than $500,000 in Federal funds, and the Federal funds are from
multiple sources (FTA, HUD, NPS, etc.,) then the Single Audit Act applies, which is an audit on the
entire organization/entity.
. Single Audit can only be conducted by an independent auditor, not by an auditor on staff.
. Audit requirements are laid out in Subpart E - Auditors
. Audit is an allowable direct or indirect cost.
17. Rights in Data, Documents, and Computer Software
A. State Ownership. If State funds are used under this contract, any software, research,
reports, studies, data, photographs, negatives or other documents, drawings or materials prepared by
contractor in the performance of its obligations under this contract shall be the exclusive property of
the State and all such materials shall be delivered to the State by the contractor upon completion,
termination, or cancellation of this contract. Contractor may, at its own expense, keep copies of all its
writings for its personal files. Contractor shall not use, willingly allow, or cause to have such materials
used for any purpose other than the performance of contractor's obligations under this contract without
the prior written consent of the State; provided, however, that contractor shall be allowed to use non-
confidential materials for writing samples in pursuit of the work. The oWnership rights described
herein shall include, but not be limited to, the right to copy, publish, display, transfer, prepare
derivative works, or otherwise use written works.
B. Federal Reserved Rights. If Federal funds are used under this contract, except for its
own internal use, the contractor shall not publish or reproduce any data/information, in whole or part,
that is recorded in any form or medium whatsoever and that is delivered or specified to be delivered
under this contract, nor may it authorize or permit others to do so, without the written consent of the
federal government, through the State, until such time as the state/federal government may have
released such data/information to the public. As authorized by 49 C.F.R. 18.34, the federal
government, through the State, reserves a royalty free nonexclusive, and irrevocable license to
reproduce, publish or otherwise use, and to authorize the State and others to use: a) any work
developed under this contract or a result in third party contract irrespective of whether it is
copyrighted; and b) any rights of copyright to which a contractor, subrecipient, or third party contractor
purchases ownership with federal assistance. The State also reserves an identical license for its use.
C. Patent Rights. If any invention, improvement, or discovery of the contractor or any of its
subcontractors is conceived or first actually reduced to practice in the course of or under this contract
work, and if such is patentable, the contractor shall notify the State immediately and provide a detailed
written report. The rights and responsibilities of the contractor, third party contractors, and the State
with respect to such invention, improvement, or discovery will be determined in accordance with
applicable state (and/or, if federal funds are used under this contract, federal) laws and regulations in
existence on the date of execution of this contract which define contractor title, right to elect title,
state/federal government "march in" rights, and the scope of the state/federal government's right to a
nonexclusive, irrevocable, paid-up license to use the subject invention for its own. The contractor shall
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include the requirements of this paragraph in its third party contracts for the performance of the work
under this contract.
18. APPLICABLE LAW. The Contractor shall at all times during the execution of
this contract strictly adhere to, and comply with, all applicable federal and state laws, and their
implementing regulations, as they currently exist and may hereafter be amended, which are
incorporated herein by this reference as terms and conditions of this contract. The contractor
shall also require cornpliance with these statutes and regulations in subgrant Contracts permitted
under this contract. A listing of federal laws that may be applicable, depending on the Contractor
work responsibilities under this contract, are described il). A TT ACHMENT A.
19. Options: Additional ServiceslPerformance Extension
A. The State may increase the quantity of goods/services described in paragraph 3 at the
unit prices established in the contract. The state may exercise the option by written notice to
the contractor within -.lL days before the option begins in a form substantially equivalent
to attachment~. Delivery/performance of the goods/service shall continue at the same
rate and under the same terms as established in the contract.
B. The State may require continued performance for a period of ONE YEAR for any
services at the rates and terms specified in the contract. The state may exercise the option by
written notice to the contractor within 30 days prior to the end of the current contract
term in a form substantially equivalent to attachment~.
"If the state exercises this option, the extended contract will be considered to include this
option provision. The total duration of this contract, including the exercise of any options
under this clause, shall not exceed ~ years."
SPECIAL PROVISIONS
1. CONTROLLER'S APPROVAL. CRS 24-30-202 (1). This contract shall not be deemed valid
until it has been approved by the Colorado State Controller or designee.
2. FUND AVAILABILITY. CRS 24-30-202(5.5). Financial obligations of the State payable after
the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and
otherwise made available.
3. INDEMNIFICATION. Contractor shall indemnify, save, and hold harmless the State, its
employees and agents, against any and all claims, damages, liability and court awards including
costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by
Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this
contract.
[Applicable Only to Intergovernmental Contracts] No term or condition of this contract shall be
construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits,
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protection, or other provisions, of the Colorado Governmental Immunity Act, CRS 24-10-101 et seq.,
or the Federal Tort Claims Act, 28 U.s.c. 2671 et seq., as applicable, as now or hereafter amended.
4. INDEPENDENT CONTRACTOR. 4 CCR 801-2. Contractor shall perform its duties hereunder
as an independent contractor and not as an employee. Neither contractor nor any agent or employee
of contractor shall be or shall be deemed to be an agent or employee of the state. Contractor shall
pay when due all required employment taxes and income taxes and local head taxes on any monies
paid by the state pursuant to this contract. Contractor acknowledges that contractor and its
employees are not entitled to unemployment insurance benefits unless contractor or a third party
provides such coverage and that the state does not pay for or otherwise provide such coverage.
Contractor shall have no authorization, express or implied, to bind the state to any agreement,
liability or understanding, except as expressly set forth herein. Contractor shall provide and keep in
force workers' compensation (and provide proof of such insurance when requested by the state) and
unemployment compensation insurance in the amounts required by law and shall be solely
responsible for its acts and those of its employees and agents.
S. NON-DISCRIMINATION. Contractor agrees to comply with the letter and the spirit of all
applicable State and federal laws respecting discrimination and unfair employment practices.
6. CHOICE OF LAW. The laws of the State of Colorado, and rules and regulations issued pursuant
thereto, shall be applied in the interpretation, execution, and enforcement of this contract. Any
provision of this contract, whether or not incorporated herein by reference, which provides for
arbitration by any extra-judicial body or person or which is otherwise in conflict with said laws, rules,
and regulations shall be considered null and void. Nothing contained in any provision incorporated
herein by reference which purports to negate this or any other special provision in whole or in part
shall be valid or enforceable or available in any action at law, whether by way of complaint, defense,
or otherwise. Any provision rendered null and void by the operation of this provision will not
invaiidate the remainder of this contract, to the extent that this contract is capable of execution. At
all times during the performance of this contract, Contractor shall strictly adhere to all applicable
federal and State laws, rules, and regulations that have been or may hereafter be established.
7. [Not Applicable to Intergovernmental Contracts] VENDOR OFFSET. CRS 24-30-202
(1) and 24-30-202.4. The State Controller may withhold payment of certain debts owed to State
agencies under the vendor offset intercept system for: (a) unpaid child support debt or child support
arrearages; (b) unpaid baiances of tax, accrued interest, or other charges specified in Article 21, Title
39, CRS; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education;
(d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid
debts owing to the State or its agencies, as a result of final agency determination or reduced to
judgment, as certified by the State Controller.
8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00.
No State or other public funds payable under this contract shall be used for the acquisition, operation,
or maintenance of computer software in violation of federal copyright laws or applicable licensing
restrictions. Contractor hereby certifies that, for the term of this contract and any extensions,
Contractor has in place appropriate systems and controls to prevent such improper use of public
funds. If the State determines that Contractor is in violation of this paragraph, the State may
exercise any remedy available at law or equity or under this contract, including, without limitation,
immediate termination of this contract and any remedy consistent with federal copyright laws or
applicable licensing restrictions.
9. EMPLOYEE FINANCIAL INTEREST. CRS 24-18-201 and 24-50-507. The signatories aver
that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever
in the service or property described in this contract.
10. [Not Applicable to Intergovernmental Contracts]. ILLEGAL ALIENS - PUBLIC CONTRACTS
FOR SERVICES AND RESTRICTIONS ON PUBLIC BENEFITS. CRS 8-17.5-101 and 24-76.5-
101. Contractor certifies that it shall comply with the provisions of CRS 8-17.5-101 et seq. Contractor
shall not knowingly employ or contract with an illegal alien to oerform work under this contract or enter
into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not
knowingly employ or contract with an illegal alien to oerform work under this contract. Contractor
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represents, warrants, and agrees that it (I) has verified that it does not employ any illegal aliens, through
participation in the Basic Pilot Employment Verification Program administered by the Social Security
Administration and Department of Homeland Security, and (Ii) otherwise shall comply with the
requirements of CRS 8-17.5-102(2)(b). Contractor shall comply with all reasonable requests made in the
course of an investigation under CRS 8-17.5-102 by the Colorado Deparbnent of Labor and Employment.
Failure to comply with any requirement of this provision or CRS 8-17.5-101 et seq., shall be cause for
termination for breach and Contractor shall be liable for actual and consequential damages.
Contractor, if a natural person eighteen (18) years of age or older, hereby swears or affirms under
penalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the United States pursuant
to federal law, (ii) shall comply with the provisions of CRS 24-76.5-101 et seq., and (ili) shall produce one
form of identification required by CRS 24-75.5-103 prior to the effective date of this contract.
Revised October 25, 2006 Effective date of Special Provisions: August 7, 2006
Signature Page
THE PARTIES HERETO HAVE EXECUTED TillS CONTRACT
CONTRACTOR:
STATE OF COLORADO:
Bill Ritter, Jr. Governor
Gt"'t Y\AbL Ab'?-h...
City of Aspen
By
Executive Director, Department of Transportation
Social Security Number or FErn
Department/Agency or Higher Education Institute
/#~J
LEGAL REVIEW:
Signature of Authorized Officer
JOHN W SUTHERS, ATTORNEY GENERAL
9
~Y{By
CORPORATIONS:
(Place corporate seal here)
ALL CONTRACT MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Controller apprnve all state eontracts. This contract is not valid until
the State Controller, or sueh assistant as he may delegate, has signed it. The contractor is not authorized to
begin performance until the eontraet is signed and dated below. If performance begins prior to the date
below, the State of Colorado may not be obligated to pay for the goods and/or services provided.
STATE CONTROLLER:
Leslie M. Shenefelt
By
Date
Effective Date: July I, 2003
Attachment A:
FEDERAL REOUIREMENTS
Federal laws and regulations that may be applicable to the Work inclnde:
A.O The "Uniform Administrative Requirements for Grants and Cooperative Contracts to State
and Local Governments (Common Rnle), at 49 Code of Federal Regulations, Part 18, except to the
extent that other applicable federal reqnirements (including the provisions of 23 CFR Parts 172 or
633 or 635 - see below) are more specific than provisions of Part 18 and therefore supersede such
Part 18 provisions. The requirements of 49 CFR 18 include, withont limitation:
1) the Local Agency/Contractor shall follow applicable procurement procedures, as
required by section 18.36(d);
2) the Local Agency/Contractor shall request and obtain prior CDOT approval of changes
to any snbcontracts in the manner, and to the extent required by, applicable provisions of section
18.30;
3) the Local Agency/Contractor shall comply with section 18.37 concerning any subgrants;
4) to expedite any CDOT approval, the Local Agency/Contractor's attorney, or other
authorized representative, shall also snbmit a letter to CDOT certifying Local Agency/Contractor
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compliance with section 18.30 change order procednres, and with 18.36(d) procurement
procedures, and with 18.37 subgrant procedures, as applicable;
5) the Local Agency/Contractor shall incorporate the specific contract provisions
described in 18.36(i) (which are also deemed incorporated herein) into any subcontract(s) for such
services as terms and conditions of those subcontracts.
B. Executive Order 11246 of September 24, 1965 entitled "Equal Employment Opportunity," as
amended by Executive Order 11375 of October 13, 1967 and as supplemented in Department of
Labor regulations (41 CFR Chapter 60) (These provisions apply to all construction contracts
awarded in excess of $10,000 by grantees and their contractors or subgrantees).
C. The Copeland "Anti-Kickback" Act (18 U.S.c. 874) as supplemented in Department of LOabor
regulations (29 CFR Part 3) (These provisions apply to all contracts and subgrants for construction
or repair).
D. The Davis-Bacon Act (40 U.S.C. 276a to a-7) as supplemented by Department of Labor
regulations (29 CFR Part 5) (These provisions apply to construction contracts in excess of $2,000
awarded by grantees and subgrantees when required by Federal grant program legislation. This
act requires that all laborers and mechanics employed by contractors or sub-contractors to work
on construction projects financed by federal assistance must be paid wages not less than those
established for the locality of the project by the Secretary of Labor).
E. Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-
330) as supplemented by Department of Labor regulations (29 CFR Part 5). (These provisions
apply to construction contracts awarded by grantees and subgrantees in excess of $2,000, and in
excess of $2,500 for other contracts which involve the employment of Omechanics or laborers).
F. Standards, orders, or requirements issued under section 306 of the Clear Air Act (42 U.S.c.
1857(h), section 508 of the Clean Water Act (33 U.S.C. 1368). Executive Order 11738, and
Environmental Protection Agency regulations (40 CFR Part 15) (contracts, subcontracts, and
subgrants of amounts in excess of $100,000).
G. Mandatory standards and policies relating to energy efficiency which are contained in the state
energy conservation plan issued in compliance with the Energy Policy and Conservation Act (pub.
1. 94-163).
H. Office of Management and Budget Circulars A-87, A-21 or A-122, and A-I02 or A-ll0,
whichever is applicable.
I. The Hatch Act (5 USC 1501-1508) and Public Law 95-454 Section 4728. These statutes state
that federal funds cannot be used for partisan political purposes of any kind by any person or
organization involved in the administration of federally-assisted programs.
J. 42 USC 6101 et seQ. 42 USC 2000d, 29 USC 794, and implementing regulation, 45 C.F.R. Part 80
et. seQ.. These acts require that no person shall, on the grounds of race, color, national origin, age,
or handicap, be excluded from participation in or be subjected to discrimination in any program
or activity funded, in whole or part, by federal funds;
K. The Americans with Disabilities Act (public Law 101-336; 42 USC 12101, 12102, 12111-12117,
12131-12134,12141-12150,12161-12165, 12181-12189, 12201-12213 47 USC 225 and 47 USC 611.
1. The Uniform Relocation Assistance and Real Property Acquisition Policies Act, as amended
(public Law 91-646, as amended and Public Law 100-17, 101 Stat. 246-256). (This statute applies if
II
the contractor is acquiring real property and displacing households or businesses in the
performance of this contract.)
M. The Drug-Free Workplace Act (public Law 100-690 Title V, subtitle D, 41 USC 701 et sell.).
N. The Age Discrimination Act of 1975, 42 U.S.C. Sections 6101 et. sell. and its implementing
regulation, 45 C.F.R. Part 91; Section 504 of the Rehabilitation Act of 1973,29 U.S.c. 794, as
amended, and implementing regulation 45 C.F.R. Part 84.
O. 23 C.F.R. Part 172, concerning" Administration of Engineering and Design Related
Contracts". If Enl!ineerinl! and Desil!n work is to be performed under this contract. GRANTEE
shall obtain from CDOT and comolv with CDOT's "PROCEDURES TO IMPLEMENT
FEDERAL-AID PROJECT CONTRACTS WITH PROFESSIONAL CONSULTANT SERVICES"
P. 23 C.F.R Part 633, concerning "Required Contract Provisions for Federal-Aid Construction
Contracts". If Construction work is to be performed under this contract. GRANTEE shall obtain
from CDOT and complv with FHW A Form-1273.
Q. 23 C.F.R. Part 635, concerning "Construction and Maintenance Provisions".
12
SAMPLE OPTION LETTER
Attachment G
Date:
State Fiscal Year:
Option Letter No.
SUBJECf: [Option to Renew]
[Amount of goods/Level of service change]
In accordance with Paragraph(s) of contract routing number . [ your Agency
code here ], between the State of Colorado Department of or Higher Ed Institution [ your agency name
here ], [ division], and
[Add Contractor's name here]
covering the period of r . 20_ through~ 20------, ] the state herby exercises the option for
[an additional one year's performance period at the (cost) (price) specified in Paragraph _.]
and/or [increase/decrease the amount of goods/services at the same rate(s) as specified in
Paragraph/Schedule/Exhibit .]
The amount of funds available and encumbered in this contract is [increased/ decreased] by
[$ amount of change] to a new total funds available of [ $ ] to satisfy services/goods
ordered under the contract for the current fiscal year [ FY 0_]. The first sentence in Paragraph
is hereby modified accordingly. The total contract value to include all previous amendments,
option letters, etc. is [$ 1.
APPROVALS:
State of Colorado:
Bill Ritter Jr., Governor
By:
[Executive Director/College President]
Colorado Department of
Date:
or Higher Ed Institution
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is
not valid until the State Controller, or such assistant as he may delegate, has signed it. The
contractor is not authorized to begin performance until the contract is signed and dated
below. If performance begins prior to the date below, the State of Colorado may not be
obligated to pay for goods and/or services provided.
State Controller
LESLIE M. SHENEFELT
By:
Cheryl L. Traff, CDOT CONTROLLER
Date:
13
.
March 13, 2007
Tlia CITY OF ASPEN
ASI'EN POLlCe DEPARTMENT .
The Pitkin County Sheriffs Depwtinent and the Snowmass Village Police Department
have read and 'understand 'the attached contract, Application # 07.01.11.12, Contract
Routing Number: 07 HTS XXXXX; Agency Number HAA, between the Colorado
Department of Transportation and the City of Aspen, Police Depll1tment, Aspen,
Colorado. .. ,
The Pitkin County Sheriff's Department and tlkSnowmass Village Police Department
agree to. abide by all aspects of the above listed contract, with respect to cooperating with'
the Aspen Police Department in fulfilling the obligatiol1s of this contract.
The Aspen Police Depwtment will disburse funds to the Pitkin County Sheriffs
Department and the Snowmass Village Police Department when made available by the
Colorado Department of Transporlfltion. These. funds will amount to a maximum of:
$6,667 for the Snowmass Village Police Depattment, and
$6,666 for the Pitkin County Sheriffs Depaltmeilt.
3: ~t2;:Z
Bob Braudis
Pitkin County Sheriff .
Date
.~\'-L
Art Smythe
Snowmass Village Police Chief
01> lIS" /0'1 .
Date
. 506 ID.ST MAIN, SUITI, 102 . ASPEN, tOWRADO,81611 . EMIlRGENCY 911 ' ADMJNISTRATION 970.920.5400 . PAX: 970.920.5409
P,lnINMIe()'dr4~r
DEPARTMENT OF TRANSPORTATION
Safety and Traffic Engineering Branch
Office ofTransportatlon Safety
4201 Easl Arkansas Avenue.
Denver, CO 60222
~
-
-
PliP,u,TlolINTOfTUJrllfORYATlCN
December 11, 2006
Mr. Chris Womack
Aspen Police Department
506 E. Main Street
Aspen, CO 81611
RE: 2007 CDOT Safety Proj ect Application, 07.01.11.12
DearMr. Womack:
We are pleased to inform you that your organization has been awarded a 2007 grant for $20,000. We
appreciate the time and effort you put forth in preparing your application and proposed activities.
Your project manager, Robin Rocke, will be contacting you to finalize grant award procedures. Please
Note that this grant award:is f(jr 2007, therefor~ you.ar" not authorized to conduct any proposed
activities nor spend any of these funds until we negotiate with you the terms, conditions, and
expectations in writing. We will do this with a formal contract and when finalized these grant ftmds will
be made available for your use.
We greatly value your interest and dedication to traffic safety and are looking forward to working with
you.
Sincerely,
~;du:& {/. Ud:,P
abriela Vidal
afety and Traffic Engineering Branch Manager
cc:
Henry Sandoval, Safety Programs Manager. ..
Kirsten J ahn,. Occupant Protection P,ograni Mlll1,ager or
Glenn Dav!s, Impaired priving ProgialT\Manag~l:,
Robin Rocke, Project Manager