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HomeMy WebLinkAbout07271ORDINANCE NO. 7271 AN ORDINANCE APPROVING AND ACCEPTING A COLORADO DEPARTMENT OF TRANSPORTATION 2004 ENFORCING UNDERAGE DRINKING LAWS (EUDL) GRANT CONTRACT 05HTS00076, AND APPLICABLE CONDITIONS PERTAINING THERETO, ESTABLISHING PROJECT NUMBER PD0501, BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT OF $40,000.00, AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME WHEREAS, the City Council of Pueblo has the authority on behalf of the City of Pueblo, including its Police Department, to accept grants from the State of Colorado for public and municipal purposes and to enter into agreements relating thereto, and WHEREAS, the Colorado Department of Transportation has tendered 2004 EUDL Grant Award (the "Award ") in the amount of $40,000.00 upon conditions recited therein or incorporated therein by reference; and WHEREAS, acceptance of the Award for the purposes for which it has been made is in the best interest of the City and will benefit the health, welfare and safety of the citizens of the City; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Awarding of the EUDL Grant to the City of Pueblo, a true copy of which is attached hereto, is hereby accepted in accordance with its terms and conditions and is approved effective as of February 14, 2005. SECTION 2. Funds in the amount of $40,000 are hereby budgeted and appropriated in Project Number PD0501, and shall only be expended and used for this Project. SECTION 3. The President of the City Council is authorized to execute the Award acceptance in the name of and on behalf of the City of Pueblo, a Municipal Corporation, and the City Clerk is directed to affix the Seal of the City thereto and attest same. INTRODUCED January 24, 2005 BY Michael Occhiato Councilperson APPROVED: zz'�'Y, PR E CITY C IL ATTESTED BY: CITY CLERK PASSED AND APPROVED February 14, 2005 ID - U ID Background Paper for Proposed ORDINANCE AGENDA ITEM # _-7t- j� DATE: JANUARY 24, 2005 DEPARTMENT: POLICE DEPARTMENT CHIEF JAMES W. BILLINGS, JR. TITLE AN ORDINANCE APPROVING AND ACCEPTING A COLORADO DEPARTMENT OF TRANSPORTATION 2004 ENFORCING UNDERAGE DRINKING LAWS (EUDL) GRANT CONTRACT 05HTS00076, AND APPLICABLE CONDITIONS PERTAINING THERETO, ESTABLISHING PROJECT NUMBER PD0501, BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT OF $40,000.00, AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME ISSUE Should the City of Pueblo accept a 2004 CDOT EUDL Grant on behalf of the Police Department in the amount of $40,000.00? RECOMMENDATION The Department recommends acceptance of this grant to enhance efforts in the education and enforcement of underage drinking laws. BACKGROUND This grant will allow the Police Department to increase its efforts in the education and enforcement of underage drinking laws from March 1, 2005 through May 31, 2006. All overtime costs for officers involved in this effort will be funded by this grant. Community awareness efforts will continue through collaboration with the Pueblo DriveSmart coalition. FINANCIAL IMPACT None. There is no match required for this grant. DEPARTMENT OR AGENCY NUMBER: HAA CONTRACT ROUTING NUMBER: 05 HTS00076 ' GRANTCONTRACT THIS GRANT CONTRACT, made this 3—r, day of 2005 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 Pueblo, a Governmental /Non - Profit Public Entity, 1 City Hall Place, Pueblo, CO 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 9804 Contract Encumbrance Number 8001, GBL Number DRN7 , FEIN Number 84- 6000615 ; 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 2442 -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 2004 Underage Drinking Program Award 2004- AH -FX- 0035; 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 2442 -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 part otter, 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 $ 40,000.00 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 $ 40,000.00 B. Contractor share $ (estimated in -kind services as detailed in application) C. Total estimated program costs $ 40,000.00 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 2 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 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 2004 Underage Drinking Program Award 2004- AH -FX- 0035 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 2004 Underage Drinking Program Award 2004 -AH -FX -0035 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, 2006. 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 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. 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 4 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 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. i 5. 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 5 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. 16. All state and local government and non -profit organization Grantees 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 Circular 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 $500,000 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 $500, 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 $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 /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 Statc and of hers tG 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, impprovement, 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. 18. APPLICABLE LAW. The GRANTEE /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 compliance with these statutes and regulations in subgrant Contracts permitted under this contract. A listing of federal laws that may be applicable, depending on the GRANTEE /Contractor work responsibilities under this contract, are described in ADDENDUM A. 19. Options: Additional Services/Performance Extension A. The State may increase the quantity of services described in Paragraph 3 at the unit price specified therein. 1) The State may exercise the option by written notice to the contractor within 30 days before the option begins in a form substantially equivalent to Exhibit 2. 2) Performance of the 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 for any services at the rates and terms specified in the contract. 1) 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 Exhibit 2. 2) 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 2years. 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. 20. Funding Letter. The State may allocate more or less funds available on this contract using a Funding Letter substantially equivalent to Exhibit 1 and bearing the approval of the State Cc.^1.UIler or h is designee. T lle :.riding letter shall not be dcemcd valid until it shall have been approved by the State Controller or his designee SPECIAL PROVISIONS ` ( For Use Only with Inter- Governmental Contracts) 1. CONTROLLER'S APPROVAL. CRS 24 -30 -202 (1) This contract shall not be deemed valid until it has been approved by the Controller of the State of Colorado or such assistant as he may designate. 2. FUND AVAILABILITY. CRS 24 -30 -202 (5.5) 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. 3. INDEMNIFICATION. To the extent authorized by law, the contractor shall indemnify, save, and hold harmless the State against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. 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, protection, or other provisions for the parties, of the Colorado Governmental Immunity Act, CRS 24 -10 -101 et seq. or the Federal "fort Claims Act, 28 U.S.C. 2671 et seq. as applicable, as now or hereafter amended. 4. INDEPENDENT CONTRACTOR. 4 CCR 801 -2 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. CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY THE STATE PURSUANT TO THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NO "F PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. CONTRACTOR SHALL HAVE NO AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS, 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 THE ACTS OF THE CONTRACTOR, ITS EMPLOYEES AND AGENTS. 5. NON - DISCRIMINATION. The 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 invalidate the remainder of this contract to the extent that the contract is capable of execution. At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable federal and state laws, rules, and regulations that have been or may hereafter be established. 7. Software Piracy Prohibition Governor's Executive Order 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 United States copyright laws or applicable licensing restrictions. The Contractor hereby certifies that, for the term of this Contract and any extensions, the Contractor has in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that the 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 the Contract and any remedy consistent with United Statc5 copyright ia"w5 - or applicable licensing rcStrlCtivnS. 8." EMPLOYEE FINANCIAL INTEREST. CRS 24 -18 -201 & CRS 24 -50 -507 The signatories aver that to their knowledge, no employee of the State of Colorado has any personal or beneficial interest whatsoever in the service or property described herein. SIGNATURE PAGE THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT CONTRACTOR: STATE OF COLORADO: BILL OWENS, GOVERNOR City of pueblo Legal Name of Contracting Entity For Executiv Dir for Colorado Department of Transportation 84- 6000615 Department of Transportation ocial Security Nu r r El LEGAL REVIEW: t Signature of Au on cer , ATTORNEY GENERAL �oHrt W, SrtHEAs Robert D. Schilling, Jr. Pr of theCouncil B a Print Name & Title of Authorized Officer Tracy Kinse a Assistant Att ey General Civil Litigation Section CORPORATIONS: (A corporate seal or attestation is required.) Attest (Seal) By ) (CorporI retary or Equivalent, or Town/City /County Clerk) CRS 24 -30 -202 requir 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 Obegin 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 the goods and /or services provided. STATE CONTROLLER: WMART ShEt1P FE G,T gy -zrYA ��' GEO GE CULLAR, CDOT CONTROLLER Date `:i - anal, _ ZC 5 9