HomeMy WebLinkAbout09368RESOLUTION NO. 9368
A RESOLUTION APPROVING AND ACCEPTING A GRANT
CONTRACT BETWEEN PUEBLO, A MUNICIPAL CORPORA-
TION AND THE STATE OF COLORADO FOR THE USE AND
BENEFIT OF THE STATE DEPARTMENT OF TRANSPORTA-
TION RELATING TO AN UNDERAGE DRINKING PROGRAM
AND ENFORCEMENT AND AUTHORIZING THE PRESIDENT
OF THE CITY COUNCIL TO EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1
The undated Grant Contract for Project No. 2000 - DRNK -3 (Contract Routing No. 02 HTS
00003) between Pueblo, a municipal corporation and the State of Colorado, for the use and benefit
of the Department of Transportation, for an underage drinking program and enforcement (hereinafter
referred to as the "Contract'), a copy of which is attached hereto, having been approved as to form
by the City Attorney, is hereby approved.
SECTION 2
Funds received from the State under the Contract shall be deposited to
101 - 20 30 - 421.10 - 30 ; payment for all costs and expenses attributable to or
arising under the Contract, shall be paid from appropriated and unencumbered funds, not exceeding
$45,691.00, from 101 - 20 30 - 421.10 - 30
SECTION 3
The President of the City Council is authorized to execute and deliver the Contract in the
name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same.
INTRODUCED: August 27, , 2001
By: Corinne Ko ehler
APPROVED
ATTESTED BY: P'�
City Clerk
the Council
FAC1TY\P0LICE \GRANTS \ -21 DRNKG\RSOLUTN L WPD
Background Paper for Proposed
RESOLUTION
op
AGENDA ITEM #3
DATE: AUGUST 27, 2001
DEPARTMENT: PUEBLO POLICE DEPARTMENT
TITLE
A RESOLUTION APPROVING AND ACCEPTING A GRANT CONTRACT
BETWEEN PUEBLO, A MUNICIPAL CORPORATION AND THE STATE OF
COLORADO FOR THE USE AND BENEFIT OF THE STATE DEPARTMENT OF
TRANSPORTATION RELATING TO AN UNDERAGE DRINKING PROGRAM
AND ENFORCEMENT AND AUTHORIZING THE PRESIDENT OF THE CITY
COUNCIL TO EXECUTE THE SAME.
ISSUE
The City Council should decide whether of not to accept the State of Colorado,
Department of Transportation grant contract - project No.2000- DRNK -3 in the amount of
$45,691. These funds will be used to combat underage drinking.
RECOMMENDATION
The Police Department recommends approval of this grant.
BACKGROUND
This grant, if approved, will allow the Police Department to increase its efforts in
combating underage alcohol consumption. Specifically, this grant is designed to: 1)
identify and target those activities and areas designated as high risk for alcohol use /abuse
by minors; 2) provide directed patrol and intervention; 3) expand the number of
saturation patrols; 4) identify liquor outlets that sell to minors; and 5) present an alcohol
awareness program to local children that will enlighten kids to the impact of alcohol
abuse.
FINANCIAL IMPACT
There is no financial impact to the Police Department or the City of Pueblo. This grant
will cover the cost of the officers involved in juvenile substance abuse enforcement and
does not require matching funding. Also, this grant is comprised entirely of federal grant
funds made available to the State of Colorado.
DEPARTMENT OR AGENCY NUMBER: HAA
CONTRACT ROUTING NUMBER: 02 HTS 00003
GRANTCONTRACT
THIS GRANT CONTRACT, made this j /-' day of 0Q& be , 2001 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 CITY OF PUEBLO POLICE
DEPARTMENT, 130 Central Main Street, Pueblo, Colorado, 81003, hereinafter referred
to as "the Grantee" or "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 400 Appropriation Code 313, Org. Unit 9835
Contract Encumbrance Number 8001 GBL Number DRN3 , FEIN Number 846000615A
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, C.R.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, funds were awarded to the State of Colorado by the United States
Department of Justice under the 2000 Underage Drinking Program Award 2000- AH -FX-
0008; and
WHEREAS, the Grantee has submitted a grant Application and such Application has
been approved by the State; and
WHEREAS, the Grantee has the technical ability to properly complete the objectives
and activities of the Application, as described in Attachment A of this Contract; and
WHEREAS, it has been determined no State agency can reasonably conduct the
activities and provide the services required of the 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:
1. The following Attachments and other documents are incorporated as terms and
conditions of this Contract..
A. State "Special Provisions"
B. Attachment A - Contract Objective and Tasks - Scope of Work ( "the Work ")
C. Office of Transportation Safety Contract Management Manual
D. The Project Application
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 A
D. Office of Transportation Safety 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 Scope of Work attached hereto as Attachment A.
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 2 of Attachment A.
6. The Contractor shall comply with the budget for this contract as set forth in page 3 of
Attachment A. The Contractor shall be solely responsible for all costs incurred in excess of this budget
amount.
7. The total estimated program costs shall be $45,691.00. Subject to the conditions of this
contract, the State and Contractor shall participate in providing this amount as follows:
A. State share (federal funds)
shall not exceed $45,691.00
B. Contractor share $ 0
(estimated in -kind services as
detailed in application)
C. Total estimated program costs $ 45,691.00
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 -
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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 Grantee is prepared to provide its match share of the cost.
8. PAYMENT TERMS - COST REIMBURSEMENT 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, U.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, U.S.C. Section 402, for the purposes hereof.
A. The State shall reimburse the Grantee'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 Grantee 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 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);
(e) incurred for Work performed subsequent to the effective date of this Contract; and
(f) satisfactorily documented.
(2) The Grantee 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 Grantee 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 Grantee 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 Grantee, which will detail the purpose for which
said check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other
accounting 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:
(1) The State shall establish billing procedures and reimburse the Grantee, 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 Grantee may be
withheld at the discretion of the State until completion of final audit.
(4) Incorrect payments to the Grantee due to omission, error, fraud, or defalcation
shall be recovered from the Grantee by deduction from subsequent payment under this contract or
other contracts between the State and the Grantee, or by the State as a debt due to the State.
(5) The Grantee 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 Grantee that are not allowable under the Common Rule
shall be reimbursed by the Grantee, or offset against current obligations due by the State to the
Grantee, at the State's election.
9. The term of this Contract shall begin on the effective date and shall terminate
on May 31, 2002. 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.
11. a) Termination Due to Loss of Fundine 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.
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. INDEPENDENT CONTRACTOR THE CONTRACTOR SHALL PERFORM
ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN
EMPLOYEE. NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE
CONTRACTOR SHALL BE, OR SHALL BE DEEMED TO BE, AN AGENT OR EMPLOYEE
OF THE STATE, AND THEY SHALL HAVE NO AUTHORIZATION, EXPRESS OR
IMPLIED, TO BIND THE STATE TO ANY CONTRACTS, SETTLEMENTS, LIABILITY, OR
UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. THE CONTRACTOR
SHALL BE RESPONSIBLE TO THE STATE FOR THE ULTIMATE RESULTS OF
PERFORMANCE REQUIRED HEREUNDER BUT SHALL NOT BE SUBJECT TO THE
DIRECTION AND CONTROL OF THE STATE AS TO THE MEANS AND METHODS OF
ACCOMPLISHING THE RESULTS. THE SPECIFICATIONS IN THIS CONTRACT OF
PARTICULAR PERFORMANCE STANDARDS THE STATE DEEMS ESSENTIAL TO
PROPER PERFORMANCE AND CONTRACT VALUE SHALL IN NO EVENT BE DEEMED
TO ALTER THIS RELATIONSHIP. CONTRACTOR SHALL PAY WHEN DUE ALL
REQUIRED EMPLOYMENT TAXES AND INCOME TAX WITHHOLDING, INCLUDING
ALL FEDERAL AND STATE INCOME TAX ON MONEYS PAID PURSUANT TO THIS
GRANT CONTRACT. THE CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE
WORKER'S COMPENSATION (AND SHOW PROOF OF SUCH INSURANCE) AND
UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY
LAW, AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR,
ITS EMPLOYEES AND AGENTS. THE CONTRACTOR ACKNOWLEDGES THAT
CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO THE BENEFITS OF
WORKER'S COMPENSATION INSURANCE OR UNEMPLOYMENT INSURANCE UNLESS
THE CONTRACTOR OR A THIRD PARTY PROVIDES SUCH COVERAGE AND THAT
THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE.
13. 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.
14. 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.
15. The Grantee 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 of three (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 Grantee in a central location and the Grantee shall be custodian on
behalf of the State.
16. The Grantee, and its subcontractors and subgrantees, 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 Grantee'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
Grantee's performance hereunder. The Grantee shall also permit these same described entities to
monitor all activities conducted by the Grantee pursuant to the terms of this contract. As the
monitoring agency may in its sole discretion deem 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.
17. All state and local government and non - profit organization Grantees receiving
more than $300,000 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
Circular A -128 (Audits of State and Local Governments) or A -133 (Audits of Institutions of
Higher Education and Other Non - profit Organizations), whichever applies. The Single Audit
Act Amendment requirements that apply to Grantees receiving federal funds are as follows:
• If the subgrantee expends less than $300,000 in Federal funds (all sources, not just Highway
funds) in its fiscal year then this requirement does not apply.
• If the subgrantee expends more than $300, 000 in Federal funds, but only received Highway
funds (Catalog of Federal Domestic Assistance, CFDA 20.205) then a program specific
audits may be performed. This audit will in only examine the "financial" procedures and
processes for this program area.
• If the subgrantee expends more than $300,000 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
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• Audit is an allowable direct or indirect cost.
18. 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 /grantee 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 /grantee, 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 /grantee or any of its subcontractors or subgrantees is conceived or first actually
reduced to practice in the course of or under this contract work, and if such is patentable, the
contractor /grantee shall notify the State immediately and provide a detailed written report. The
rights and responsibilities of the contractor /grantee, 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 /grantee shall include the requirements of this paragraph in its third party contracts for
the performance of the work under this contract.
19. APPLICABLE LAW. The
�s and regulations in subgrant Contract permitted under this
iy be applicable. depending on the GRANTEE /Contractor
are described in ADDENDUM A.
20. Changes (Grants /Sub rg ants)
The State may prospectively increase or decrease the amount payable under this contract through a
"Change Order Letter," approved by the State Controller or his designee, in the form attached
hereto as Exhibit 1, subject to the following conditions:
A. The Change Order Letter ( "Letter ") shall include the following:
(i) Identification of contract by contract number and affected
paragraph number(s);
(ii) Types of services or programs increased or decreased and the
new
(iii) level of each service or program;
(iv) Amount of the increase or decrease in the level of funding for
each service or program and the total;
(v) Intended effective date of the funding change;
(vi) 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 contract and, except for the general terms and conditions and Special
Provisions of the contract, the letter shall supersede the contract 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
levels and any budget line items.
C. If the contractor agrees to and accepts the change, the contractor shall execute and
return the letter to the State by the date indicated in the letter. In the event the
contractor does not accept the change, or fails to timely return the executed letter,
the State may, upon notice to contractor, terminate this contract effective at any
time after twenty (20) days following the return deadline specified in the letter.
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.
D. Increases or decreases in the level of contractual funding made through the letter
process during the term of this contract may be made under the following
circumstances:
(i) If necessary to fully utilize Colorado State appropriations and/or non -
appropriated federal grant awards.
(ii) Adjustments to reflect current year expenditures.
(iii) Supplemental appropriations or non - appropriated federal funding
changes resulting in an increase or decrease in the amounts originally
budgeted and available for the purposes of this program.
(iv) Closure of programs and/or termination of related contracts.
(v) Delay or difficulty in implementing new programs or services.
(vi) Other special circumstances as deemed appropriate by the State.
21. Options: Additional Services/Performance Extension
A. The State may increase the quantity of services called for in paragraph 3 at the
unit price specified therein.
1) The State may exercise the option by written notice to the
contractor deposited in the mail not later than 30 days prior to the
expiration of the contract, using a form substantially equivalent to
Exhibit 2.
2) Performance of the added services shall continue at the same rate
and under the same terms as the like items called for under the contract.
3) 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. The State may also require continued performance for a period of [one year] of
any services within the limits and at the rates specified in the contract.
1) The State may exercise the option by written notice to the
contractor deposited in the mail before the end of the performance period
of the contract using a form substantially equivalent to Exhibit 2.
2) If the State exercises this option, the extended contract shall 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 five (5) years.
3) 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.
22. The Special Provisions attached hereto are hereby made a part hereof.
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IN WITNESS WHEREOF, the parties hereto have caused the foregoing Contract to be
executed by their duly authorized officers the day and year first above written.
ATTEST
- Chief Clerk
Tronsportation Depa ment
STATE OF COLORADO
BILL OWENS, GOVERNOR
By
- - FOR THE EXECUTIVE DIRECTOR
COLORADO DEPARTMENT OF
TRANSPORTATION
ATTEST
By
Title City Clerk
CITY OF PUEBLO
DEPARTMENT
By
Title) V Presi
of the Council
APPROVALS
ARTHUR L. BARNHART
State Controller
KEN SALAZAR
Attorney General
B / 4e4�
Y
GEORGIf MCCULLAR, CONTROLLER
Assistant Attorney General
Civil Litigation Section
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