HomeMy WebLinkAbout2008 Ordinance No. 019•
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ORDINANCE NO . fi
SERIES OF 2008
BY AUT HOR.ITV
coNTRIICT NO. I,__ ).Pr, 'i'
COUNC IL BILL NO . 20
INTRODUCED BY COUNC rL
MEMBER OAKLEY
AN ORDINANCE APPROV ING AN INTE RGOVERNMENTAL AGREEMENT (IGA)
ENTITLED "CONTRACT BY AND BETWEEN THE DENVER REGIONAL COUNCIL
OF GOVERNMENTS (DRCOG)"" FOR REIMBUR SEMENT TO THE CITY OF
ENGLEWOOD . CO LORADO FOR MISCELLANEOUS TRAFF IC SIGNAL
EQUIPMENT .
WHEREAS. DRCOG received U.S. Depanmcnt ofTransponation Congestion
Mitigation/Air Qua lit y (CM/AQ) funds through the Co lora do Depanment of
Tran sponation (CDOT) to carry out traffic signa l system improvements and purchases in
the Denver metropolitan regi on; and
WHEREAS , DRCOG desire s to engage the contractor for the purchase of
mi sce ll oneous traffic signa l equipment consistent wit h th e Traffic Signal System
Improvement Progrnm: and
WHEREAS, the City of Englewood submitt ed an app li ca ti on to DRCOG fo r
miscellaneous equipmen t purchases through th e FY07 Eq uipment Purcha se Progr"m; and
WHEREAS, DRCOG is responsible for monit ori ng and administering :his Federal
program ; and
WHEREAS . th e City of Eng lewood ha s bee n awarded $24,000 towards th e purcha se of
misce ll aneous traffic signal eq uipment whic h inc ludes traffi c signa l ca binet s and UPS
systems fo r 2007; and
WHEREAS , the pns sage of thi s Ord inance authorizes the intergovern mental agreement
all owing DR OG to reimbur se th e Cit y of Englewood for mi sc ellaneous traffic signo l
equipment ;
NOW, THEREFOR E, BE IT ORDAINED BY THE CITY COUN CIL OF TII E CITY OF
ENGLE WOOD , COLORADO. AS FOLLOWS :
Section I. The City Co un ci l of Englewood. Co lorado, hereby authorizes an
intergovcnuncnt al agreem ent (IGA) entit led "Contract by and Between the Denver
Reg ional Co uncil ofGovenun cn ts (DRCOG)"' for reimbursement to the Cit y of
Englewood . Co lorad o for miscellaneous traffic signal equipment . a copy of which is
attac hed hereto as Atta chment I .
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Section 2. The Ma yor is hereb y authori zed to sign and th e City Cler k to auest said
imergovemmental agree ment (IGA) entitled "Co ntra ct by and Between the Den ve r
Re giona l Co uncil ofGovemments (D RCOG)"" fo r and on behalf of th e Cit y of
Engl ewood .
Int rodu ced, read in full , and passed on first reading on th e 7th da y of April. 2008 .
Publi shed as a Bi ll for an Ordin ance on th e 11th da y of Ap ril , 200 8.
Read by title and pa ssed on final rea ding on the 21 st day of Apri l. 2008 .
Published by title as Ordin ance No . J..9., Series of 2008 , on the 25 th day of Ap ril .
2008.
I, Loucrishi a A. Ellis , Ci ty Clerk of the City of Englewood , Colorado , hereby cenify
that the above and fo regoing is a true copy of the Ord in ance pa ssed o final reading and
publi shed by title as Ordinance No.~-Series of 2008 .
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CONTRACT BY AND BE TWE EN THE
D!:NV ER REGIONAL COUNCIL OF GOVERNMENTS
("DRCOG ")
1290 Bro adway, Suit e 700
Denve r, CO 80203 -56 06
and
CITY OF ENGLEWOOD
("CONTRAC TOR ")
1000 Englewo od Parkway
Eng lewood, CO 801 10
Project Numb er 543 00 7 Contract Nu mbe r EX080 12
RECITALS :
A. DRCOG has received U.S. Depa rt ment ofTransportatio n Cor,gestion Mitig ation/Air
Qua lity (CM/AQ) funds through the Co lorad o Depa rt me nt of Tran sportatio n (C DOT), to carry out
traffic sign al sy stem improvemen ts and pur cha ses in the n anve r metropo litan regio n.
B. Authority exi st~ in the law and fu~d s have been bud geled, appropria ted, and
oth erwi se made av aii~bl e and a suffic ien t unen cumbered ba lance ther eof remains availab le for
pa y n ~nt.
C. DRCOG desires to engage the Cont ractor fo r the purcha se of mi sce ll aneo us tr affic
sig nal equ ipment con sis tent wi th the Tr affic Sig r,al Sys tem Im prov emen t Pro gram adoptc.d May
2007 and fur .he r dnscri bed in this con trac t and Exhibit A.
D. The Con tractor agrees to comply wit h all relev an t provisio ns of the contrac t be twe en
DR CO G and CDO T, in co rp orat ed here in by reference and made a part of this cdn tra ct, as if
1, ,IIy se t forth , in th e moni toring an d adminis tratio n of thi s cont ract.
NOW , THEREFO RE, it is hereb y agree d that:
1. PURCHASE OF THE EQUIPMENT
a. Ge neral Req uirement s. Th e Con tr ac tor shall admini ster and purch ase th e
equ ipm en t as depi cted in att ac hed Exhibit A, whi ch is made a part of th is
co ntra ct, in accordan ce wi th Titl e 49, Part s 18 and 19, as app ro pri ate , of the
Code of Federal Reg ul ation s regarding uniform admin istrative requ irements for
state and loca l govern ment s and other non-profit org an izati ons.
b . Submiss ions of Proceedi ngs . Co ntra ct. an d Oth er Docu men ts. The Co ntr ac tor
shall subm it to DR CO G all dat a. repo rt s, reco rds . c·Jntract s, and oth ar
doc um ent s co ll ec ted and developed by the Con tractor relati ng to the proj ect as
DRCOG may requ!re. The Contra ctor shall retai n int ac t. for thre e ye 3rs follow in g
project closeout, all co ntract doc um ent s. fona ncial reco rds, and supporti ng
dt cumen ts.
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C. Award or Con tra ct. This con tract is award &d to the Con t rac tor based upon the
Contractor 's project app lication, which provides tha t th e Contractor be
responsibl e for all expenses associated with acquiring, ins talling , operating and
m ai nta ining the equipment, excl uding th e actual purchase cos t of the equipment.
Contractor agrees that Contractor staff and subco r.traclors engaged in such will
not be reimbursable as pa rt or this ag re ement.
d . No DRCOG Obligations to Third Parties . DRCOG shall not be subject to any
obligations or liabilities to any perso n not a party to th is contract in connection
with the performance or this project pursuant to the provisions of this contract
without its specific written co~sent. Neither the co ncurrence in, or approval of,
the award of any con tr act or subcontract or the so licitation thereof nor any other
act performed by DRCOG under this coptract con stitutes such consent.
2. ACCOUNTING RECORDS
a . Accounts . The Contractor shall establish and maintain as a separate set of
accounts, or as an integ ral part of Its current accounting scheme, accounts for
the equipment purchases to assure that funds are expended and accounted for
in a manner consistent with th is contract's agreements and objectives .
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C.
Funds Received or Made Available . The Contractor shall appropriately record in
the account all reimbursement payments received by It from DRCOG pursuant to
this contract.
Allowable Costs . Expenditures made by the Contractor shall be reimbursable as
allowable costs to th e extent they meet all of the requiremenls set forth below.
Such expenditures must:
1) Be made in conforman ce with the description, budge!, and all other
provisions of this contract.
2) Be necessary for the accomplishment of this cont ract, and reasonable in
the amount of goods and services provided.
3) Be actual net costs to the Contractor {I.e ., price paid minus any refunds ,
rebates , or other item s of value re ce ived by Contractor that have the
effect of reducing the co st actually incurred).
4) Be incurred for equipment purchased only as described in Exhibit A , after
th e date of th is con tra ct.
5) Be treat ed uniformly and consistently under generally accepted
accounting principles.
6) Be in co nformance with lhe standards for allowability of cos ts set fo rth in
Office of Manag ement an d Budget Circulars No . A-122 or A-87 , as
appropri ale, reg ard ing cost principles for nonprofit organiz ations and
stale and loc al governm ents .
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d . Docume nt ation of Cos ts. Invoices, contrac ts, and /or vo uchers deta il ing th e
nat ur e of the cha rge s shall support all equipmen t purchase cos ts charged to th is
con tract.
e. Check s Ord ers , and Vouc hers . Any check or orde r drawn up by the Contractor
wi th res pect to any item which is or will be ch argeab le agains t this co ntract will
be dra wn only in acco rdan ce with a properly sign ed vo uche r then on fil e in the
offi ce of th e Co ntract or, which wi ll detail the purpose for which said che ck or
order is drawn . All checks, payrolls , invoices, co ntracts, vo ucher s, ord ers , or
other ac cou nting docum ents per taining In who le or in part to th e proje ct sha ll be
clearly identified, readily accessible, and , to the ex tent feasible , kept sepa rate ,
and apart from all other su ch do cum ent s.
f. Audits and Inspections . At any time du dng norma l busine ss hou rs and as often
as DRCOG, COOT and U.S. Department of Transp ortation (hereinafter,
"USDDT"), and/o r the Comptroller General of the Un ited States may de em
necessary, there shall be made available to DRCOG, COOT, USDOT and/o,
rep resen tatives of the Comptroller Genera l for exa mina ti on , all reco rds with
respect to all matters covered by this contract and the Contractor will permit
DRCOG, COOT, USDOT, and /or represe~tati ves of the Comptroller General to
aud it , exa mine, and make excerp ts or transcripts from such records, and to
make audits of all contracts , invoices, materials, payrolls, records of personnel ,
conditions of employme nt and other data relating to all matters covered by thi s
contract.
TIME OF PERFORMANCE
This con tr ac t shall commence upon exec ution and shall ex pire March 31, 20 09 .
4. COST OF EQUIPMENT PURCHASES
The cost for equi pment purchases in which fede ral fun ds are part icipating sh all not
exceed $24,000 (Twen ty-Four Th ousand Dollar s).
The Co ntra ctor ag rees to provide all ins tallatio n, opera tion and mai ntenance of th e
purch ased equip men t at its expe nse.
5. REQUEST FOR PAYMENT BY THE CONTRACTOR
a. Aw ard . DRCOG shall rei mbu rse th e Con tra ctor up to $24 ,000 (Twenty-Four
Thou san d Doll ars) for the pu rchase of traffic sig nal equipm ent as describ ed in
th e att ac hed Scope of Services .
b. ~•ill!. Paym ent shall be mad e on the fo ll owi ng basis : Aft er receip t of th e
equi~me nt, the Con tr actor shall submit th e in voice to th e DR COG Accou nting
Depa rtm ent for reimburs eme nt. DRCOG will inco rp orate the invoice into its nex t
bill to COOT. Up on rece ipt of pay ment from COO T by DRCOG and upon
veri fi cation by DRCOG that th e Contractor has in stalled the eq uipm en t and that
the equ ip ment is operati ng as intended , DRCOG wi ll reimburse th e Co ntra ctor
for th e amoun t of al lowable costs of the Contracto r 's inv oi ce . II is the
Con trac tor's so le respo nsibili ty to install the equipm en t and contact DR COG for •
field ve rification prio r to rec eiv ing rei mbursement.
6. MANAGEMENT
a . DRCOG Representative . DRCOG has designated Jerry J . Luor as :t s
representative who will coordinate revie ws , ap provals, an d author iza tions.
b. Contractor's Representative . Th e Contrac tor has designated Ladislav Vostry as
its represe ntative for this contract who shall be responsible for coordin ation and
lia ison with DRCOG on the eq uipmen t purchases associated wi th this contract.
If at any lime a contra cto r representative is not ass igned for th is contract, the
Contractor shall immediately notify DRC.OG and work shall be suspended until a
representative has been assigned who is acceptable to DRCOG.
c. By signing thi s agreement , th e Contractor also represents that its organization
and its principals are not suspe nded or debarred per Fed eral req uirements.
7. PERSONNEL
The Contractor represen ts ii w ill provide and secure the personnel required in installing ,
maintaining and operali0 g the equipment listed in Exhibit A . All of the ser vices required
hereunder will be performed by the Contractor or under its supervision, and all personnel
engaged i11 the work shall be fully qualified and sha ll be authorized under State and local
law to perform such se rvices . Su ch personnel shall not be employees of or have an y •
contractual relationship with DRCOG. Any subcontracts entered into by the Contractor
associated with th is Contract shall include a statement that th e parties to the subcontract
understand that DRCOG is not obligated or li able in any manner to the subcontractor or
for the performance by the Contractor of its obligations under the subcontract.
8. TERMINATION
a. Funds not Available . The parties expressly re cognize that th e Contractor is to be
paid , reimbursed or oth erwise compensated with fed er al and/or State funds which
are available to DRCOG for th e project. In th e event th at CM/AQ funds are n ot
made available to DRCOG per Recital A, thi s Agreement shall terminate
immediately. Contrac tor expressly understands and agrees that all of its rig hts,
demands an d claims to compensation arising under this cont ract are conti ngent
upon availabili ty of su ch fund s l o DR COG.
b . Termination for Mutual Convenience. Th e parties may, wi th th e concurren ce of
COOT, te rminate thi s agree ment if bolh parties agree that the equipment purchase s
specified in Exhibit A would not produce benefi cia l res ults.
c. Termination of Co ntrac t for Cause . If through an y cause, exc lud ing force maj e ure,
the Contractor sha ll fail to fulfill in timely and proper ma nner its obligations under thi s
co ntract, or if th e Contr actor sha ll violate any of th e covenanls , ag re ements , or
stipulations of this co ntra ct, and has not corrected such breac h within ten days of
bei ng g iven notice by DRCOG, DR COG sha ll thereupon have the right to terminate
th is co ntract by giv ing written notice to the Contractor of such termin ati on for cause , •
which shall be effec tiv e upon receipt of th e wri tt en notice. In th at event, DRCOG
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sh all not be required to re imburse the Contra ctor fo r any equ ipment purchases not
ye t billed to COOT, and Con trac tor shall be oblig ated to return any pay ments
prev iously received under th e pro vis ions of this con trac t. No twithstanding th e abovf!,
th e Co ntra ctor shall not be re lie ve d of liabi lity ta DRCO G fo r any damages sustain ed
by DRCOG by vir tu e of any brea ch of the con trac t by th e Cont ractor.
d. Termi nation for th e Convenien ce of DR COG. DR CO G may termin ate this contract at
any tim e by giving written noti ce to the Contractor of suc h termination , wh ich sha ll be
effective up on rece ipt of th e written no tice . If th e co ntract is terminated by DRC OG
as pro vi ded herein, the Contractor sha ll be entitl ed to re ce ive co mp ensation for any
eq ui pmen t purchases made prio r to th e effective da te of such termination , subject to
field ve rifi ca ti ons be ing co mpl eted to th e sa tisfa ction of DRCOG.
EQUAL EMP LOYMENT OPPORTUNITY
Duri ng the pe rfon na ac~ of th is contra ct, th e CM lraclor agr&es le comply wi th all federal
and sta te laws, rule, regu lation s, and ord ers regard ing equal empl oy men t oppo rtun ity ,
in cluding Executi ve Order 11256, "Equal Em ployment Opportunity ," as ame nde d by
Executive Order 11375, "Amendi ng Exnrutive Order 11246 Relating to Equal
Employment Opportunity ," and as u:,•,r.l~• ,c,,ted by regu lation ~ at 41 CFR part 60,
"Office of Feder;;! 1.:,.;~tr11o t Comoll am. ~ ?• ,q r&ms, Equ al EmµI ,ym ent Opport uni ty,
Department of La bo r.'
INTEREST OF MEMBERS OF DRCOG AND OTHERS
No offi ce r, member, or employee of DRC OG a~ no members of its govern ing body, an d
no other publi c offici al of the go v~rnlng bcdy of the locality or loca lities in which the
project :s sit uated or being carr ied out who exe rcises any functions or respon sib iliti es in
th e review or approval of th e und ertaking or ca rrying out of thi s project, shall participat e
in any decision relating to th is cont ra ct whic h aff ects hi s persona l in teres t or th e interes t
of any corporation , par tners hip, or associa tion in which he is direc tly or ind irectly
int eres ted or have any perso nal or pec unia ry in teres t, dire ct of in direc t, in th is co ntract or
th e pro ceeds the reof.
INTEREST OF THE CONTRACTOR
No offi ce r, member, emp loyee or ag en t of th e Con trac tor or any other person wh c is
auth orized to exe rcise any func ti ons or respo nsi biliti es in conn ec tion with th e
nego ti ating , re view or approval of th e undertaking Qr carryi ng ou t of any segmen t of the
prog ram co nt empla ted by this co ntrac t shall have any fin anc ial or oth er µe rsonal
in teres t, direc t or indi rect, in thi s co ntr ac t or any sub co ntr act th ere und er, or in any rea l or
persona l prop erty ac qu ired therefore . An y person w~o sha ll invol unt aril y acq uire any
such inc om patib le or con fli cting pe rso nal int eres t shall imm edia tely di sc lose hi s/her
in teres t to DRC OG in writing . Th erea ft er (s)he shall not part icipa te in any action
aff ecti ng th e program un de r this co ntra ct un less DRCOG shall have det ermin ed th at, in
li ght of lhe personal interes t disclosed, th e parti cipa ti on in such acti on wou ld not be
contrary to th e public int erest.
12 . INDEMNIFICATION
13.
The Contractor is an in depende nt con tractor and not an employee of DRCOG. As an
independent contrac tor, th e Contra ctor is not enti tl ed to wor,ers ' com pensation benefits
except as may be provided by th e Con tractor nor t J unemployment insurance benefits
unless un employm ent co mpensation coverage is provid ed uy the Contrac tor or some
ot her ent ity. The Contractor is obligated to pay all applicable federal and state income
tax on any moneys earned or paid pursuant to this con tra ct rela tio nship . The par ti es
agree that the Contracto r is free from the direction and control of DR COG excep t such
control as may be required by any sta te or fede rol si~tute or regulation , and that
DRCOG doe s not require the Contra ctor to work exc lu sive ly for DRCOG; doe s noi
es tablish a quality standard for the Contractor; do es not provide training, or does not
provide tools or benefits of perfo rmanc e by the Contractor excep t through a completion
schedule.
To the extent allowable by law, the Contracto r shall indemnify, save and hold har mless
DRCOG, its officers , employees and agents , against any and all claims , damages,
liability and court awards , including all costs, expenses , and attorney fees incurred as a
result of any neg ligent act or omission of the Contractor, or its employees, agents,
subcontractors or assignees related to this con tract. The Contractor sh, II Include
lan guage similar to the foregoing in any subcontract associated with t~i r. Contract,
stati ng that the subcontractor agrees to ;ndemnify, save and hold harmless DRCOG for
negligent acts or omissions of the subcontractor, Its employees, ar,P~ts , t ubcon tractors,
and assignees.
Fl::DERAL REQUIREMENTS
T ne Contractor shall at all times during the executio n of this contract strictly adhere to,
and co mply with, all applicable federa l and sta te laws, and their implementing
regulations, as they currently exist and may hereafter be amended, which are
incorpora ted herein by this reference as terms and conditions of this co ntrnct. The
Contractor shall also require co mpl iance with the se statu tes and regulati ... 11s in
subcontract agreemen ts associa ted with thi s ContraGt.
The Contrac tor agrees to abide by and follow all applicable federal and st 1te guidelines
when expending any funds resulting from this co ntract. Th is inclu des, but is not limit ed
to, th e Procurement Standards set for th in Subp art C of 0MB Circular A-110 and th e
app licabl e provisions of th e Federal Acquisition Regulation ("FAR"), to get her wi th any
additions or supp lements ther eto promulgated by the Funding Agency . Current
regulations can be found at http://www.arnet.gov/far/.
In add ition , Con tra ctor shall comp ly with th e foll owing federal laws and reg ulations as
may be applicable to the project:
a .
b.
Th e Cope land "A nti-Ki ck back" Act (18 U.S. C. 874) as suppl ement ed in
Department of Labor re gulatk,ns (29 CFR Part 3)(all contrac ts and subgra nts for
co nstruction or repair).
The Davis-Bacon Act (40 U.S.C. 276a to a-7) as sup plemented by Departm ent of
Labor reg ulations (29 CFR Part 5)(Cons tru ction co ntra cts in excess of $2 ,000
awa rd ed by grantees and su bgrantees when requ ired by Federal grant program
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legislatio,1 . Th is Ac t requires th~; ail labo,ers a, 1d mechan ics employed by
contr 'ors or sub -con tractors le ,iork on c:onstruction proj ects financed by
fede ra l assistance mu$! be paid wages not less than lho se es tablished for the
locality of th e project by the Secreta:y of Labo r).
Sections 103 an d 107 of the Con tr act Wo l1'-Hour s and Safety Standa rd s Ac l (40
U . .S .C. 32 7-330) r,s suppleme nted by Departme nt of Labor regulations (29 CFR
Part 5). (Cons tru cti on con tra cts awarded 0y grantees and subgra nt ee s in
F,xcess of $2 000, and in excess of $2,500 :or other con tracts w hic h involve the
employme nt of mechani cs or laborers).
Standards , orders, or req uirnments is eue d und c oec tion 306 of the Clean Air Act
(42 U.S.C. 185 7(h)), section 508 of the Clean Water Act (33 IJ .S.C. 1368),
Ex ecutive Order 117 38 , and En viro nm enta : Pr~tection Agency regulations (40
CFR Part 15)(con:ra cts, subco ntracts, and w bgrants of amounts in excess of
$100,000).
TO THE EXTENT ALLOWABLE BY LAW, the Cor.tracto; agrees to indemnify, save and
hold harmless, DRCOG, its offi cers, employees , ag~nts, subcontractors, and assignees
should any applicable reg ulations not lie followed .
CHANGES
T his contract is subject to such modifications as may be required by changes in federal
.or State law, or their Implementing reg ulations . Any su ch required modificall on shall
automatically be in corporated into and be part of this contract on lne effectiv e date of
such change as ii fully set forth herein . Except as provided above , no modification of
this contract shall be effecllve unless agreed to In writing by both pa rtie s in an
amendment to thi s contract that is properly executed and approved in ~ccorda nce with
applicable law.
GENERAL
By signing thi s agreement, the Contractor represen ts th ~t its organization and its
principals are not suspended or debarred per Federal requirem ents .
This contract represents th e entire agreement between th e Contractor and DRCOG,
re pl aci ng and superseding any previous co ntra ct, ora l or written , wh ich may have
existed between th e parties rela ting to th e matters set forth herein .
To the extent lhat thi s contract mav be executed and performance of th e obligations of
the parti es may be accomplished wi thin th e In ten t of th e con tract, the terms of thi s
contract are severable, and should any ter m or provisio n hereof b e declmed invalid or
become ino perative for any reason, su ch invalidity or failure shall not aft ect the validity
of any oth er t~rm or provision hereof.
The waiver of any breach of a term, provisi on, or requirement of t his contract she'I not
be construed or deemed as a wa iv er of any subsequent breach of such term, provision,
or requi rement , or of any other term , provision or requi re ment.
Notwithstanding anythi ng herei n to th e co ntrary, the parties under sta nd and ag ree th at
all terms and con ditions of this con tr act an d the exh ibits and attachments he ret o wh ich
may requ ire contin ued performance . compliance or effec t beyo nd th e termin ation date of •
the co nt ract sha ll su rvive such terminat ion dat e and shall be enforcea ble by DRCOG as
provided herei n in th e event of such fail "re to pe rform or comp ly by Contracto r.
16. CERTIFICATION FOR FEDERAL-AID CONTRACTS
For con tracts that exceed $100 ,000, Contra ctor, by signing th is contra ct, certifies lo the
best of its knowledge and belief:
a . No i"ederal appropriated fund s have been paid or will be paid, by or on behalf of
th e unders igned, lo any person for Influencing or auempling to influence an
officer or employee of any Fede,al ag ency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal loa n, tl)e en tering into of any coopera ti ve
agreemen'., and the extension, continuation, renewal, amendment , or
modification of any Federal co ntra ct , grant, loan , or coop<3rative agreement.
b. If any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or aUempting to influence an officer or Member of
Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant , loan , or cooperative agree ment , the undersigned shall
complete and su bmi t Standard Form-LLL, "Disclosure Form to Report Lobbying,"
in accordance with it s instructions.
This certification is a material representation of fact upon which reliance was placP.d
Nhen th is transaction was made or entered into. Submission of this certification ir a
prerequisite for making or entering Into this transaction Imposed by Section 13 5,:, Title •
31 , U.S . Code. An y person who fails to file the required certification shall be su>JJ Ei Ct to a
civil penal ty of not less than $10,000 and not more than $100,000 for each such fail ure .
Contractor also agrees that it shall require that the langu age of this certifier.lion be
included in all lower lier subcontra cts, which exceed $100 ,000 and that all su ch
subrecipients shall ce rtify an d disclose accordingly.
IN WITNESS WHEREO F, th e pa rties hereto have exec ut ed this contract on th ~
___ day or __________ , 2008.
By:
DENVER REGIONAL COUNCIL
OF GOVERNMENTS
Jennifer Schaufele
Exec utive Director
ATTc ST:
By :
Roxie Rensen
Administrative Officer
CITY OF ENGLEWOOu
By: ________ _
J a mes K, Woodwa r d , Mayor
ATTEST:
By :
Loucn sh1a A. Ellis
City Clerk •
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EXHIBIT A
DRCOG SIGNAL EQUIPMENT PURCHASE
SCOPE OF SERVICES
The Cily of Englewood will purchase traffic signal equipment for its traffic signa l system on
Broadway. The equ ipment to be pu rchased and th e loca ti ons for dep loyment co nsis t of:
Estimated
Location Equ ipm ent Cos t
Broad way @ Quincy and 5450 S. TS -2 Cabinet w/ UP S
Broadway (2)
Total Estimated Cos t $24,000
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COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
April 7, 2008 9 a i IGA w ith DRCOG fo r FY07 Misce ll aneou s
Eq uipm ent Purchase
Initiate, Jy: I Staff Source:
D epartm ent of Publi c W ork s Ri ck Ka hm, Direc tor of Pub lic W or~s
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Counci l approved a Bill for an Ordinance in 2005 to enter into an agreement w ith th e Den ve r
Regional Counci l of Governm ents (DRCOG) to all ow Df<COG to reimbu rse th e City of En glewood
for misce ll an eous traffi c sign al equipment.
RECOMMENDED ACTION
Staff requests th at Ci ty Council adop t a Bill for an Ordinance to ente r into an Interg ove rnm ental
Ag ree ment (IGA) with DRCOG for 2007. This IGA w ill all ow DR COG to reimburse the City of
Englew ood fo r signal sys tem equipment pu rchas es in th e amount o f $24,000 related to th e FY07
Misce ll aneo us Equipm ent Purchase progra m .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Th e Traffic Enginee rin g Division of Public Works submitted an applica ti on to DR COG fo r
mis ce llaneo us equi pment purc hases throug h th e FY0 7 Equipme nt Purchase program . DRCOG is
responsible fo r monitoring and administe rin g thi s Federal program . Program applica tion s are
rev iewe d and scored b y DRCOG base d on previou sly se t c riteri a. Englewood has ~een awa rd ed
$24,000 toward th e p urc hase of misce ll aneous traffi c sign al equipment which in cludes traffi c signa l
ca bin ets and UPS syst em s fr o m th e 2007 all oca ti on A funds.
This program covers eq uipme nt purchases only, wi th equipment install ation compl eted by City staff.
Th ese improve m ents should enhance comp uter traffi c system co ntrol alo ng th e Br oa dway co rrido r.
FINANCIAL IMP ACT
There are no fi nan c ia l obligatio ns for th e City o th er tha n providing funds up fr o nt for th e equipment
purchases, whic h are later reimbursed to th e City. Adequate funds are av ailab le in th e
Tr ans p ortation Sys terr. Upgrad e accoun t and will be credi ted back to thi s acco unt wi th the
reim b ursem ent of Federa l funds by DR COG .
LIST OF AfTACHMENTS
~ill for an Ordi na nce