22-86 Approve Subgrantee Agreement Transits Service Regional Council of Gov. 07-13-2022
AGREEMENT
BY AND BETWEEN THE
DENVER REGIONAL COUNCIL OF GOVERNMENTS
1001 17th Street, Suite 700
Denver, Colorado 80202
(“DRCOG”)
and
TOWN OF FIRESTONE
9950 Park Avenue
Firestone, Colorado 80504
(“CONTRACTOR”)
Project Number: 623022 Contract Number: EX22039
This Agreement (“Agreement”) is made by and between the Denver Regional Council of
Governments (“DRCOG”) and the Town of Firestone (“Contractor”).
RECITALS:
A. DRCOG and the Colorado Department of Transportation have entered into a Grant
Agreement
B. DRCOG and Contractor agree that Contractor will act as subgrantee for the Services
and the Projects set forth below, subject to the requirements and conditions of this
Agreement.
C. Contractor represents that it has the special expertise, qualifications and background
necessary to complete the Services.
TERMS:
Section 1. Scope of Work. Contractor shall provide the Services as described in the
attached Exhibit A (“Services”), which is incorporated herein by reference. In its sole discretion,
DRCOG may contract with other Contractors to provide the same or similar services during the
term of this Agreement.
Section 2. Term. This Agreement shall be effective on July 1, 2022 and shall term
on June 30, 2023. No work shall commence and no reimbursable costs shall be incurred prior
to the effective date of this Agreement.
This Agreement may be terminated as follows:
a. Termination of Agreement for Cause. If through any cause, the Contractor shall fail to
fulfill in timely and proper manner its obligations under this Agreement, or if the Contractor
shall violate any of the covenants, agreements, or stipulations of this Agreement, DRCOG
shall thereupon have the right to terminate this Agreement by giving written notice to the
Contractor of such termination which shall be effective upon receipt of the written notice.
Contractor shall not incur further obligations or render further performance past the
effective date of a notice of termination. DRCOG shall reimburse Contractor only for
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accepted performance up to the date of termination. The Contractor shall remain liable to
DRCOG for any damages sustained by virtue of any breach of this Agreement and
DRCOG may withhold any payment to Contractor for the purpose of mitigating damages,
until such time as damages are determined. The Contractor shall be liable for excess
costs incurred by DRCOG in procuring replacement performance of Services in this
Agreement from third parties.
b. Termination for Convenience of DRCOG. DRCOG may terminate this Agreement at any
time by giving 30 days written notice to the Contractor of such termination, which shall be
effective upon receipt of the written notice. In that event, all finished or unfinished
documents and other materials shall, at the option of DRCOG, become its property. If the
Agreement is terminated by DRCOG as provided herein, the Contractor will be paid for
services satisfactorily rendered through the date of termination in accordance with the
tasks and rates set forth in Exhibit A.
c. Termination Due to Loss of Funding. The parties hereto expressly recognize that the
Contractor is to be paid, reimbursed, or otherwise compensated with funds provided to
DRCOG 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 Agreement are contingent upon receipt of
such funds by DRCOG. In the event that such funds or any part thereof are not received
by DRCOG, DRCOG may immediately terminate this Agreement without liability,
including costs for termination.
Nothing in this Agreement is intended or shall be deemed or construed as creating any
multiple-fiscal year direct or indirect debt or financial obligation on the part of DRCOG or
the State of Colorado within the meaning of Colorado Constitution Article X, Section 20
or any other constitutional or statutory provision. The obligations of DRCOG under this
Agreement are subject to annual appropriation. Notwithstanding anything in this
Agreement to the contrary, in the event of non-appropriation, DRCOG shall immediately
notify Contractor of such occurrence, and this Agreement shall terminate at the end of
the fiscal year, as specified in the notice.
d. Obligations Surviving Termination. Contractor’s obligations to comply with reporting
requirements and to deliver any Work Product survive the expiration or termination of
this Agreement.
Section 3. Project Budget.
a. The total cost of the Agreement shall not exceed Thirty-One Thousand Five Hundred
Dollars ($31,500.00). The foregoing amounts of compensation shall be inclusive of all
costs of whatsoever nature associated with the Contractor’s efforts, including but not
limited to salaries, benefits, overhead, administration, profits, and expenses.
b. No refund or reduction of the amount of Contractor’s share to be provided will be allowed
unless there is at the same time a refund or reduction of the federal share of a
proportionate amount.
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c. Contractor may use federal funds for the local share, but those funds cannot be from
other federal Department of Transportation (DOT) programs. Contractor share, together
with the federal share, must be enough to ensure payment of Total Project Budget.
d. Contractor shall only be reimbursed for costs incurred for the performance of this
Agreement which are determined by DRCOG to be allowable, in accordance with 2 CFR
200.402 through 200.475, and 2 CFR 200.102.
Contractor shall not be reimbursed for any purchase, issued purchase order, or leased
capital equipment before the contract with the DRCOG has been executed.
Contractor must obtain DRCOG approval if HST-FASTER funds are intended to be used
for payment of a lease or for third-party contracts.
e. Reimbursement Requests. Contractor shall present of invoice(s) to DRCOG for
reimbursable costs incurred after the date of execution of this Agreement through the
expiration or termination of the Agreement. DRCOG agrees to pay Contractor each
month into the bank account designated by Contractor via Electronic Funds Transfer
(EFT) (Exhibit D) upon approval of invoices during regularly scheduled payment cycles.
Section 4. Assurances. In addition to all other obligations contained herein,
Contractor agrees: (a) to perform its obligations under this Agreement with the highest
standards of care, skill, and diligence in the industry, trades, or profession and as set forth in
this Agreement; (b) that it warrants that it possesses and will maintain, at its sole expense, all
necessary licenses, certifications, approvals, permits, and other authorization required by law to
perform its obligations under this Agreement; (c) not to engage in any practices that would
create or raise a conflict of interest with its performance under this Agreement; and (c) to
comply, at its own expense, with the provisions of all state, local and federal laws, regulations,
ordinances, requirements and codes which are applicable to the performance of the Services
hereunder or to Contractor as an employer.
Section 5. Reporting Requirements.
a. Contractor shall cooperate with DRCOG by providing information regarding its
performance under this Agreement, including Performance Standards and Milestone
reporting required under Exhibit A, and any other state or federal grant reporting
requirements.
b. Within seven (7) days after being served in any legal action filed with a court or
administrative agency, related to performance under this Agreement or which may affect
Contractor’s ability to perform its obligations hereunder, Contractor shall notify DRCOG
of such action and deliver copies of the pleading(s).
c. For three (3) years following the expiration or termination of this Agreement, Contractor
shall make, keep, maintain, and allow DRCOG, its duly authorized representatives, or
the State of Colorado to inspect, monitor, or audit all files, records, documents,
communications, notes and other written materials, electronic media, and
communications pertaining to the Services provided pursuant to this Agreement.
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Section 6. Cooperation on Marketing and Publicity.
Contractor will work cooperatively with DRCOG to market and/or publicize the Project as
requested by DRCOG.
Section 7. Indemnification. To the extent permitted by law Contractor agrees to
indemnify and hold harmless DRCOG or any of its officers or employees from any and all
claims, damages, liability, or court awards including attorney fees that are or may be awarded
as a result of any loss, injury or damage sustained or claimed to have been sustained by
anyone, including, but not limited to, any person, firm, partnership, or corporation, to the extent
caused by the negligent acts, errors or omissions of Contractor or any of their employees,
subcontractors or agents in performing work pursuant to this Agreement. To the extent
permitted by law, Contractor shall investigate, handle, respond to, and provide defense for and
defend against any such liability, claims, and demands. To the extent permitted by law,
Contractor shall further bear all other costs and expenses incurred by DRCOG and Contractor
related to any such liability, claims and demands, including but not limited to court costs, expert
witness fees and attorney fees if the court determines that these incurred costs and expenses
are related to such negligent acts, errors, and omissions or other fault of the
Contractor. Contractor’s indemnification obligation shall not be construed to extend to any
injury, loss, or damage which is caused by the act, omission, or other fault of DRCOG.
Section 8. Insurance. Contractor shall procure and maintain and shall cause each
subcontractor hired by Contractor to perform services under this Agreement pursuant to its’
obligations herein to procure and maintain, the minimum insurance coverages listed below. All
coverages shall be continuously maintained to cover all liability, claims, demands, and other
obligations assumed by Contractor pursuant to this Agreement. In the case of any claims-made
policy, the necessary retroactive dates and extended reporting periods shall be procured by
Contractor to maintain such continuous coverage. All coverage required by this Agreement
shall be primary over any insurance or self-insurance program carried by the Contractor.
1) Workers’ Compensation in statutory limits.
2) Employer's Liability Insurance: $100,000/ each accident, $500,000/ disease -
policy limit, and $100,000/ disease - each employee.
3) Comprehensive General Liability Insurance written on ISO occurrence form CG
00 01 10/93 or equivalent, covering premises operations, fire damage,
independent subcontractors, products and completed operations, blanket
contractual liability, personal injury, and advertising liability with minimum limits
as follows: (a) $1,000,000 each occurrence; (b) 1,000,000 general aggregate;
(c) $1,000,000 products and complete operations aggregate; and (d) $50,000
anyone fire.
4) Automobile Liability or Hired & Non-Owned Vehicle Liability Insurance:
$1,000,000/each accident.
5) Professional Liability Insurance: $1,000,000/Occurrence, $1,000,000 general
aggregate.
6) Protected Information Liability Insurance coving all loss of Confidential
Information, such as PII, PHI, PCI, Tax Information and CJI, and claims based
on alleged violations of privacy rights through improper use or disclosure of
protected information: $1,000,000 each occurrence and $2,000,000 general
aggregate.
7) Crime Insurance: crime insurance including employee dishonesty coverage
with minimum limits as follows: $1,000,000 each occurrence and $1,000,000
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general aggregate.
a. The State of Colorado and DRCOG, its officers and employees are to be named as
additional insured for both the Contractor's General Liability policy under sections
Certificate Holder and Description of Operations. Said insurance will be required to
be maintained in full force and effect during the term of the Agreement.
b. All coverages shall be continuously maintained from the date of commencement of
services hereunder, and in the case of any claims-made policy, the necessary
retroactive dates and extended reporting periods shall be procured by the Contractor so
as to maintain such continuous coverage. The Contractor shall not be relieved of any
liability, claims, demands, or other obligations assumed pursuant to this Agreement
by reason of its failure to procure or maintain insurance, or by reason of its failure to
procure or maintain insurance in sufficient amounts, durations, or types. All
insurance policies required hereunder shall include clauses stating that each carrier
shall waive all rights of recovery, under subrogation or otherwise, against DRCOG,
the State, its agencies, institutions, organizations, officers, agents, employees and
volunteers.
c. The insurance shall include provisions preventing cancellation without 30 days prior
notice to DRCOG by certified mail or email notification.
d. The Contractor shall provide certificates showing adequate insurance
coverage, as required above to DRCOG with the signed Agreement. No later
than 15 days prior to the expiration date of any such coverage, Contractor
shall deliver to DRCOG certificates of insurance evidencing renewals thereof.
Upon request by DRCOG at any other time during the term of this Agreement,
Contractor, shall, within 10 days of such request supply to DRCOG evidence
satisfactory to DRCOG or the State of compliance with the provisions of this
Section.
e. If the Contractor is a “public entity” within the meaning of the Colorado Governmental
Immunity Act, CRS § 24-10-101, et seq., as amended (“Act”), the Contractor shall at
all times during the term of this contract maintain such liability insurance, by
commercial policy or self-insurance, as is necessary to meet its liabilities under the
Act.
Section 9. Equal Opportunity Employer. Contractor will not discriminate against
any employee or applicant for employment because of age 40 and over, race, sex, color,
religion, veteran status, national origin, disability, genetic information, sexual orientation or any
other status protected by applicable federal, state or local law. Contractor will take affirmative
action to ensure that applicants are employed and that employees are treated during
employment without regard to age 40 and over, race, sex, color, religion, veteran status,
national origin, disability, genetic information, sexual orientation or any other status protected by
applicable federal, state or local law. Such action shall include but not be limited to the
following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising,
layoff or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. Contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notice to be provided by an agency of the federal
government, setting forth the provisions of the Equal Opportunity Laws.
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Contractor shall comply with the appropriate areas of the Americans with Disabilities Act
of 1990 as enacted and from time to time amended, standards contained in “ADA
Accessibility Requirements in CDOT Transportation Projects,” and any other applicable
federal, state, or local laws and regulations.
The parties hereby incorporate the requirements of 41 C.F.R. § 60-1.4(a) and 29 C.F.R. §
471, Appendix A to Subpart A, if applicable.
This contractor and subcontractor shall abide by the requirements of 41 CFR 60-300.5(a)
and 41 CFR 60-741.5(a), if applicable. These regulations prohibit discrimination against
qualified protected veterans and qualified individuals with disabilities, and require
affirmative action by covered prime contractors and subcontractors to employ and
advance in employment qualified protected veterans and qualified individuals with
disabilities.
Section 10. Assignment. This Agreement shall not be assigned by Contractor
without the prior written consent of DRCOG.
Section 11. Rights In Data, Documents, and Computer Software. Any software,
research, reports, studies, estimates, data, photographs, negatives or other documents, plans,
drawings, memoranda, computation sheets or materials prepared by the Contractor in the
performance of its obligations under this contract shall be the exclusive property of DRCOG and
the State of Colorado without restriction and all such materials shall be delivered by the
Contractor to DRCOG at no further expense to DRCOG 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 DRCOG. 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 the works.
Section 12. Notice. Any notice required or permitted by this Agreement shall be in
writing and shall be deemed to have been sufficiently given for all purposes if sent by certified
mail or registered mail, postage and fees prepaid, addressed to the party to whom such notice
is to be given at the address set forth on the first page of this Agreement, or at such other
address as has been previously furnished in writing to the other party or parties. Such notice
shall be deemed given two days after deposit in the United States mail.
Section 13. Waiver. A waiver by any party to this Agreement of the breach of any
term or provision of this Agreement shall not operate or be construed as a waiver of any
subsequent breach by either party.
Section 14. Governing Law; Venue. This Agreement shall be governed by the laws
of the State of Colorado. Venue for any action relating to this Agreement shall be in the City
and County of Denver, Colorado and federal district courts for the State of Colorado. Nothing
herein shall preclude the parties from mutually agreeing to submit to arbitration or mediation to
resolve a dispute arising hereunder.
Section 15. Binding Effect. This Agreement shall inure to the benefit of, and be
binding upon, the parties, their respective legal representatives, successors, heirs, and assigns;
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provided, however, that nothing in this paragraph shall be construed to permit the assignment of
this Agreement except as otherwise expressly authorized herein.
Section 16. Subcontractors.
a. Contractor may utilize subcontractors to perform under this Agreement, provided that
Contractor first submits any proposed subcontractor and the description of their services
to DRCOG for approval. Any subcontractor of the Contractor must agree in writing to be
bound by the terms of this Agreement.
b. If Contractor and its employees are required by law, regulation, or terms of this
Agreement or its attachments, to pass a criminal background check, all subcontractors
must likewise meet the requirement and such documentation must be provided to
DRCOG as a condition of this Agreement.
c. DRCOG will not work directly with, direct the work of, or provide training for the
Contractor’s subcontractors.
Section 17. Independent Contractor. The Contractor is an independent contractor
and not an employee of DRCOG. As an independent contractor, Contractor and its employees
are not entitled to workers' compensation benefits except as may be provided by the Contractor
nor to unemployment insurance benefits unless unemployment compensation coverage is
provided by the Contractor or some other entity. The Contractor is obligated to pay all federal
and state income tax on any moneys earned or paid pursuant to this contract relationship. The
parties agree that the Contractor is free from the direction and control of DRCOG except such
control as may be required by any state or federal statute or regulation, and that DRCOG does
not require the Contractor to work exclusively for DRCOG; does not provide tools, training or
benefits to the Contractor, and does not dictate the time of performance by the Contractor,
except through a completion schedule. Contractor shall not create any indebtedness on behalf
of DRCOG.
Section 18. No Third Party Beneficiaries. It is expressly understood and agreed
that enforcement of the terms and conditions of this Agreement, and all rights of action relating
to such enforcement, shall be strictly reserved to DRCOG and Contractor, and nothing
contained in this Agreement shall give or allow any such claim or right of action by any other
third party on such Agreement.
Section 19. Employing Workers Without Authorization. Exhibit B, the “DRCOG
Contractor Services Contract Addendum-Prohibition Against Employing Workers Without
Authorization”, is attached hereto and incorporated herein by reference. Exhibit C, Executive
Order 12989 requires that federal Contractors agree to verify employment eligibility of their
employees using E-verify. It also requires federal Contractors to agree, through language
inserted into their federal contracts, to use E-Verify to confirm the employment eligibility of all
persons hired during a contract term. In addition, the new rule requires federal Contractors to
confirm the employment eligibility of current employees who are “assigned to the federal
contract” within the United States.
Section 20. Entire Agreement. This Agreement represents the entire agreement
between the parties and there are no oral or collateral agreements or understandings. This
Agreement may be amended only by an instrument in writing signed by the parties. If any other
provision of this Agreement is held invalid or unenforceable, no other provision shall be affected
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by such holding, and all of the remaining provisions of this Agreement shall continue in full force
and effect.
Section 21. Debarment, Suspension. By signing this Agreement, the Contractor
represents that its organization and its principals are not suspended or debarred per federal
requirements.
Section 22. CORA Disclosure. To the extent not prohibited by federal law, this
Contract and the performance measures and standards under CRS § 24-103.5-101, if any, are
subject to public release through the Colorado Open Records Act, CRS § 24-72-200.1, et seq.,
as may updated.
Section 23. Confidential Information – State Records. Contractor shall comply
with the provisions of this Section if it becomes privy to confidential information in connection
with its performance hereunder. Confidential information, includes, but is not necessarily limited
to, any State records, personnel records, and information concerning individuals. Such
information shall not include information required to be disclosed pursuant to the Colorado Open
Records Act, CRS. §24-72-200.1 et seq.
a. Confidentiality. Contractor shall comply with all laws and regulations concerning
confidentiality of State records. Any request or demand by a third party for State
records and information in the possession of Contractor shall be immediately forwarded
to DRCOG.
b. Notification. Contractor shall notify its agents, employees, subcontractors, and assigns
who may come into contact with State records and confidential information that each is
subject to the confidentiality requirements set forth herein, and shall provide each with a
written explanation of such requirements before they are permitted to access such
records and information.
c. Use, Security, and Retention. Confidential information of any kind shall not be
distributed or sold to any third party or used by Contract or its agents in any way, except
as authorized by this Agreement or approved in writing by DRCOG. Contractor shall
provide and maintain a secure environment that ensures confidentiality of all State
records and other confidential information wherever located. Confidential information
shall not be retained in any files or otherwise by Contractor or its agents, except as
permitted in this Agreement or approved in writing by DRCOG.
d. Disclosure-Liability. Disclosure of State records or other confidential information by
Contractor for any reason may be cause for legal action by third parties against
Contractor, DRCOG, the State or their respective agents. Contractor shall, to the extent
permitted by law, indemnify, save, and hold harmless DRCOG, 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 this Section.
Section 24. Federal Requirements. Contractor shall at all times during the term of
this Agreement 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 Agreement. Contractor
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shall also require compliance with these statutes and regulations in subcontract agreements
associated with this Agreement.
Section 25. Authority. The undersigned signatories of Contractor represent that they
have been duly authorized to execute this Agreement and have full power and authority to bind
Contractor to the terms and conditions hereof, and certify that their signatures below, whether
handwritten, electronic, or digital or submitted by facsimile or electronic mail are their own.
Contractor further understands and agrees that no further certification authority or third-party
verification is necessary to validate any signature hereto and that the lack of such certification or
verification will not in any way affect the enforceability of the Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement on the ________
day of __________________________, 20___ and acknowledge that electronic or digital
signatures hereto are the legally binding equivalent to handwritten signatures.
DENVER REGIONAL COUNCIL TOWN OF FIRESTONE
OF GOVERNMENTS
By: By:
Douglas W. Rex, Executive Director Title:
ATTEST: ATTEST:
By: By:
Jenny Dock, Division Director Title:
Administration and Finance
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November 22
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EXHIBIT A: SCOPE OF WORK AND CONDITIONS
Denver Regional Council of Governments (DRCOG)
Title of
Project
Town of Firestone Transportation Services
Recipient Town of Firestone, CO DUNS # 111187761
Contact Name Paula Mehle Phone # 303-531-6265
Address 9950 Park Avenue
Firestone CO 80504 Email: pmehle@firestoneco.gov
Total Project Budget
Funding Source Amount
Contracted Funds $31,500.00
Cash Match $31,500.00
In-kind Match $2,740.00
Program Income $0.00
Agency Overview
Municipality
Service: Transportation-Operating (HST)
A. Service Description
The Town of Firestone will contract a demand response transit service Monday through Friday,
8 am to 3 pm. This is typically contracted with Via Mobility services. Interested riders would
complete an application with Via that includes information on age, disability, income and
ethnicity and then schedule one-way rides through Via Mobility over the phone or through a
mobile app that will be tested in the Carbon Valley region. A van and driver will be assigned
specifically to serve residents of Firestone and the Carbon Valley area.
B. Service Budget
Award
Funding Source Project # CFDA # Amount
Contracted Funds 623222 State $31,500.00
Cash Match $31,500.00
In-kind Match $2,740.00
Program Income $0.00
Indirect Charged to
Grant
N/A
Units (one-way Trips) MPO Boundaries 500
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Expenses
Personnel $2,740.00
Director, Economic Development $137,000.00 x 2.00 % = $2,740.00
Travel $0.00
Equipment $0.00
Contractual Services $63,000.00
Contracted transit services
Staff Training/Education $0.00
Supplies
$0.00
Indirect $0.00
Other Expenses $0.00
Total $65,740.00
Performance Standards
1. Performance will be reviewed throughout the grant agreement. Contractor will need to
report to the DRCOG Project Manager whenever one or more of the following occurs.
a. Budget changes in excess of 10% of the total budget or project schedule changes.
b. Project outcomes were not met.
c. Identification of problem areas and how the problems will be solved.
d. Expected impacts and the efforts to recover from delays.
2. Contractor will need to submit to DRCOG quarterly progress reports. These reports will be
submitted through DRCOG’s Contracts and Reimbursement System due on the 15th of the
following months: April, July, October, and January. If the 15th of the month falls on a weekend
or holiday, reports will be due the business day before.
3. Requests for reimbursement for project costs will be paid to Contractor upon presentation of
invoice(s) to DRCOG for eligible costs incurred after the date of execution of this Grant through
and within the limits of this Grant. Invoice(s) must be submitted to DRCOG monthly on the 15th of
the month following the month expenses were incurred. For example, for expenses incurred in
January, invoice(s) should be submitted by February 15. If the 15th falls on a weekend or holiday,
the reimbursement request will be due the business day before. Failure to submit the
reimbursement request on time may delay payment until the following month.
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Exhibit B
DRCOG Contractor Services Contract Addendum
Prohibition Against Employing Workers Without Authorization
Prohibition Against Employing Workers Without Authorization. Contractor shall not knowingly
employ or contract with a worker without authorization to perform work under this contract.
Contractor shall not enter into a contract with a subcontractor that fails to certify to the
Contractor that the subcontractor shall not knowingly employ or contract with a worker without
authorization to perform work under this contract.
Contractor will participate in either the E-verify program or the Department program, as defined
in C.R.S. § § 8-17.5-101(3.3) and 8-17.5-101(3.7), respectively, in order to confirm the
employment eligibility of all employees who are newly hired for employment to perform work
under the public contract for services. Contractor is prohibited from using the E-verify program
or the Department program procedures to undertake pre-employment screening of job
applicants while this contract is being performed.
If Contractor obtains actual knowledge that a subcontractor performing work under this contract
for services knowingly employs or contracts with a worker without authorization, Contractor
shall:
Notify the subcontractor and DRCOG within three days that the Contractor has actual
knowledge that the subcontractor is employing or contracting with a worker without
authorization; and
Terminate the subcontract with the subcontractor if within three days of receiving the notice
required pursuant to this paragraph the subcontractor does not stop employing or contracting
with the worker without authorization; except that the Contractor shall not terminate the contract
with the subcontractor if during such three days the subcontractor provides information to
establish that the subcontractor has not knowingly employed or contracted with a worker without
authorization.
Contractor shall comply with any reasonable request by the Department of Labor and
Employment made in the course of an investigation that the Department is undertaking pursuant
to the authority established in C.R.S. Section 8-17.5-102(5).
If Contractor violates a provision of this Agreement required pursuant to C.R.S. Section 8-17.5-
102, DRCOG may terminate the contract for breach of contract. If the contract is so terminated,
the Contractor shall be liable for actual and consequential damages to DRCOG.
This Exhibit does not apply to the following types of contracts: (1) intergovernmental
agreements; (2) agreements for information technology services or products and services; or (3)
agreements relating to the offer, issuance, or sale of securities; (4) agreements for investment
advisory services or fund management services; (5) any grant, award, or contract funded by any
federal or private entity for any research or sponsored project activity of an institution of higher
education or an affiliate of an institution of higher education that is funded from moneys that are
restricted by the entity under the grant, award, or contract, pursuant to C.R.S. § 8-17.5-
101(6)(b).
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Pre-Contract Certification in Compliance with C.R.S. Section 8-17.5-102(1)
The undersigned hereby certifies as follows:
That at the time of providing this certification, the undersigned does not knowingly employ or
contract with a worker without authorization; and that the undersigned will participate in the E-
Verify program or the Department program, as defined in C.R.S. § § 8-17.5-101(3.3) and 8-
17.5-101(3.7), respectively, in order to confirm the employment eligibility of all employees who
are newly hired for employment to perform under the public contract for services.
Contractor:
__________________________
By_________________________
Title:_______________________
___________________________
Date
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EXHIBIT C
E-VERIFY FEDERAL CONTRACTOR RULE
EMPLOYMENT ELIGIBILITY VERIFICATION
(a) Definitions. As used in this clause—
Commercially available off-the-shelf (COTS) item—
(1) Means any item of supply that is—
(i) A commercial item (as defined in paragraph (1) of the definition at 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, without modification, in the same form in which it is sold
in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 140102(4)), such as agricultural products
and petroleum products. Per 46 CFR 525.1(c)(2), “bulk cargo” means cargo that is loaded and
carried in bulk onboard ship without mark or count, in a loose unpackaged form, having
homogenous characteristics. Bulk cargo loaded into intermodal equipment, except LASH or
Seabee barges, is subject to mark and count and, therefore, ceases to be bulk cargo.
Employee assigned to the contract means an employee who was hired after November 6, 1986
(after November 27, 2009, in the Commonwealth of the Northern Marina Islands), who is directly
performing work, in the United States, under a contract that is required to include the clause prescribed at
22.1803. An employee is not considered to be directly performing work under a contract if the
employee—
(1) Normally performs support work, such as indirect or overhead functions; and
(2) Does not perform any substantial duties applicable to the contract.
Subcontract means any contract, as defined in 2.101, entered into by a subcontractor to furnish
supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to
purchase orders, and changes and modifications to purchase orders.
Subcontractor means any supplier, distributor, vendor, or firm that furnishes supplies or services
to or for a prime Contractor or another subcontractor.
United States, as defined in 8 U.S.C. 1101(a)(38), means the 50 States, the District of Columbia,
Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands and the U.S. Virgin Islands.
(b) Enrollment and verification requirements.
(1) If the Contractor is not enrolled as a Federal Contractor in E-Verify at time of contract award,
the Contractor shall—
(i) Enroll. Enroll as a Federal Contractor in the E-Verify program within 30 calendar days
of contract award;
(ii) Verify all new employees. Within 90 calendar days of enrollment in the E-Verify
program, begin to use E-Verify to initiate verification of employment eligibility of all new hires of
the Contractor, who are working in the United States, whether or not assigned to the contract,
within 3 business days after the date of hire (but see paragraph (b)(3) of this section); and
(iii) Verify employees assigned to the contract. For each employee assigned to the
contract, initiate verification within 90 calendar days after date of enrollment or within 30 calendar
days of the employee’s assignment to the contract, whichever date is later (but see paragraph
(b)(4) of this section).
(2) If the Contractor is enrolled as a Federal Contractor in E-Verify at time of contract award, the
Contractor shall use E-Verify to initiate verification of employment eligibility of—
(i) All new employees.
(A) Enrolled 90 calendar days or more. The Contractor shall initiate verification
of all new hires of the Contractor, who are working in the United States, whether or not
assigned to the contract, within 3 business days after the date of hire (but see paragraph
(b)(3) of this section); or
(B) Enrolled less than 90 calendar days. Within 90 calendar days after
enrollment as a Federal Contractor in E-Verify, the Contractor shall initiate verification of
all new hires of the Contractor, who are working in the United States, whether or not
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assigned to the contract, within 3 business days after the date of hire (but see paragraph
(b)(3) of this section); or
(ii) Employees assigned to the contract. For each employee assigned to the contract,
the Contractor shall initiate verification within 90 calendar days after date of contract award or
within 30 days after assignment to the contract, whichever date is later (but see paragraph (b)(4)
of this section).
(3) If the Contractor is an institution of higher education (as defined at 20 U.S.C. 1001(a)); a
State or local government or the government of a Federally recognized Indian tribe; or a surety
performing under a takeover agreement entered into with a Federal agency pursuant to a performance
bond, the Contractor may choose to verify only employees assigned to the contract, whether existing
employees or new hires. The Contractor shall follow the applicable verification requirements at (b)(1) or
(b)(2), respectively, except that any requirement for verification of new employees applies only to new
employees assigned to the contract.
(4) Option to verify employment eligibility of all employees. The Contractor may elect to verify all
existing employees hired after November 6, 1986 (after November 27, 2009, in the Commonwealth of the
Northern Marina Islands), rather than just those employees assigned to the contract. The Contractor shall
initiate verification for each existing employee working in the United States who was hired after November
6, 1986 (after November 27, 2009, in the Commonwealth of the Northern Marina Islands), within 180
calendar days of—
(i) Enrollment in the E-Verify program; or
(ii) Notification to E-Verify Operations of the Contractor’s decision to exercise this option,
using the contact information provided in the E-Verify program Memorandum of Understanding
(MOU).
(5) The Contractor shall comply, for the period of performance of this contract, with the
requirements of the E-Verify program MOU.
(i) The Department of Homeland Security (DHS) or the Social Security Administration
(SSA) may terminate the Contractor’s MOU and deny access to the E-Verify system in
accordance with the terms of the MOU. In such case, the Contractor will be referred to a
suspension or debarment official.
(ii) During the period between termination of the MOU and a decision by the suspension
or debarment official whether to suspend or debar, the Contractor is excused from its obligations
under paragraph (b) of this clause. If the suspension or debarment official determines not to
suspend or debar the Contractor, then the Contractor must reenroll in E-Verify.
(c) Web site. Information on registration for and use of the E-Verify program can be obtained via the
Internet at the Department of Homeland Security Web site: http://www.dhs.gov/E-Verify.
(d) Individuals previously verified. The Contractor is not required by this clause to perform additional
employment verification using E-Verify for any employee—
(1) Whose employment eligibility was previously verified by the Contractor through the E-Verify
program;
(2) Who has been granted and holds an active U.S. Government security clearance for access to
confidential, secret, or top secret information in accordance with the National Industrial Security Program
Operating Manual; or
(3) Who has undergone a completed background investigation and been issued credentials
pursuant to Homeland Security Presidential Directive (HSPD)-12, Policy for a Common Identification
Standard for Federal Employees and Contractors.
(e) Subcontracts. The Contractor shall include the requirements of this clause, including this paragraph
(e) (appropriately modified for identification of the parties), in each subcontract that—
(1) Is for—(i) Commercial or noncommercial services (except for commercial services that are
part of the purchase of a COTS item (or an item that would be a COTS item, but for minor modifications),
performed by the COTS provider, and are normally provided for that COTS item); or (ii) Construction;
(2) Has a value of more than $3,500; and
(3) Includes work performed in the United States..
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Exhibit D
ACH Payment Request Form
Email request to: Accountspayable@drcog.org
Section 1 Your Company Information:
Company Name: Vendor ID (if known):
Requested by: Telephone Number:
Email address(s) (this is for payment confirmation):
Section 2 Bank Information:
Name of Financial Institution:
Routing Number:
Account Number:
ACH Information: By submitting this form, you authorize DRCOG to initiate ACH transactions to the
account noted above.
For Internal Use Only
Input in GP:
Prenote completed: Verified by:
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