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DocuSign Envelope ID: 02CA927F-178D-4C50-A5D8-D8ED34B85215 <br />OLA #: 331002887 <br />Routing #: 23-HA4-XC-00156 <br />Authority to enter into this Agreement exists in the law as follows: <br />A. Federal Authority <br />Pursuant to Title I, Subtitle A, of the "Fixing America's Surface Transportation Act" (FAST Act) of 2015, <br />and to applicable provisions of Title 23 of the United States Code and implementing regulations at Title 23 <br />of the Code of Federal Regulations, as may be amended, (collectively referred to hereinafter as the <br />"Federal Provisions"), certain federal funds have been and are expected to continue to be allocated for <br />transportation projects requested by Local Agency and eligible under the Surface Transportation <br />Improvement Program that has been proposed by the State and approved by the Federal Highway <br />Administration ("FHWA"). <br />Pursuant to Title VI of the Social Security Act, Section 602 of the "Coronavirus State and Local Fiscal <br />Recovery Funds", a part of the American Rescue Plan, provides state, local and Tribal governments with the <br />resources needed to respond to the pandemic and its economic effects and to build a stronger, more equitable <br />economy during the recovery. <br />B. State Authority <br />Pursuant to CRS §43-1-223 and to applicable portions of the Federal Provisions, the State is responsible for <br />the general administration and supervision of performance of projects in the Program, including the <br />administration of federal funds for a Program project performed by a Local Agency under a contract with the <br />State. This Agreement is executed under the authority of CRS §§29-1-203, 43-1-110; 43-1-116, 43-2- <br />10 1 (4)(c) and 43-2-104.5. <br />4. PURPOSE <br />The purpose of this Agreement is to disburse Federal funds to the Local Agency pursuant to CDOT's Stewardship <br />Agreement with the FHWA and/or USDT as shown in Exhibit C. <br />5. DEFINITIONS <br />The following terms shall be construed and interpreted as follows: <br />A. "Agreement" means this agreement, including all attached Exhibits, all documents incorporated by <br />reference, all referenced statutes, rules and cited authorities, and any future modifications thereto. <br />B. "Agreement Funds" means the funds that have been appropriated, designated, encumbered, or otherwise <br />made available for payment by the State under this Agreement. <br />C. "ARPA" means American Rescue Plan Act, funded by the US Department of the Treasury ("USDT"). See <br />"SLFRF" below. <br />D. "Award" means an award by a Recipient to a Subrecipient funded in whole or in part by a Federal Award. <br />The terms and conditions of the Federal Award flow down to the Award unless the terms and conditions of <br />the Federal Award specifically indicate otherwise. <br />E. "Budget" means the budget for the Work described in Exhibit C. <br />F. "Business Day" means any day in which the State is open and conducting business, but shall not include <br />Saturday, Sunday or any day on which the State observes one of the holidays listed in §24-11-101(1) C.R.S.. <br />G. "Chief Procurement Officer" means the individual to whom the Executive Director has delegated his or <br />her authority pursuant to §24-102-202 to procure or supervise the procurement of all supplies and services <br />needed by the State. <br />H. "CJI" means criminal justice information collected by criminal justice agencies needed for the performance <br />of their authorized functions, including, without limitation, all information defined as criminal justice <br />information by the U.S. Department of Justice, Federal Bureau of Investigation, Criminal Justice <br />Information Services Security Policy, as amended and all Criminal Justice Records as defined under §24- <br />72-302, C.R.S. <br />I. "Consultant" means a professional engineer or designer hired by Local Agency to design the Work Product. <br />J. "Contractor" means the general construction contractor hired by Local Agency to construct the Work. <br />Document Builder Generated Page 4 of 29 <br />Rev. 05/24/2022 <br />