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HomeMy WebLinkAbout1995-08-14 95-353 ORDERCOUNCIL ACTION Date: August 19, 1995 Item Na. 93-353 Item/Subject: Authorizing the City Manager to Execute Maine Standard Agreement of State Funds - Operating Aeaiatance, The Bus Responsible Department: Administration Commentary: The City, as operator of The Bus, is required to execute an Agreement with the State for the State's contribution to the operation of The Bus. The State reimburses participating meas transportation providers up to 10% of their annual operating loss. The Bus receives the maximam allowable frost the State, and the grant totals $34,120. This grant was budgeted as anticipated revenue in the approved FY96 municipal budget. Manager's Comttenten: U V (N's""aK PMd. !'ITY MANAT,FR Associated information: Order, Standard Agreement Budget Approval: ttVY✓ FTNAUT'F VIII C('T(1R Legal Approval: R OISC Introduced For PITY S _Z Passage First Beading Page_of_ Referral 95-353 ANgned to Ca w Cohen August 14, 1995 CITY OF BANGOR (TITLE) (Orber, e5ifho!!a!!Bthe City Mmmgentofhoecuto Maine Standard _.. Ageenwntfor State Funds-Op=Ung Aasieta The Bae By 94 City CJaa01l Of the CRY Ofecaan.: ORDERED, TEAT the City Manager is hereby directed and authorized to execute the Maine Standard Agreement far State Funds - Operating Assistance, The Bus, fr the two-year period July 1, 1995 though June 30, 1999. r IM CITY COUNCIL 95-353 Augusca6q 1995 - O R D E R E Title, Authorizing the City Manager to C1 qqg ` Execute Maine Standard Agreement for " State Funds - Operating Aeafatance. Me .eta. " Affaqued tea. o Councilman STAFF OF MAINE Standard Agreement Smmencr Page Highway Mass Department Bureau or Division pore Camrnnity Agency Name C VV If B1190E Address -- - Employer IDp - Project Name/No. State F,JnAl OnlY PIN# _ am#10 507 Agency Fiscal year Arcane/ Account No. Amount 1, 010 17A 1001 012 6401 $34,120 2. - 3. 4. 5. Encumbrance Ns 95-353 Total $34,120 Type f coeumnity Agency (complete appropriate statement) (check one) 1. A partnership 1. Non-profit 2. A corporation of the State of 2. For profit _ 3. Other: local Citv Government 3. Goverment % Massenet Period Type of Agreement Effective Date X New Termination DateJune 30. 199] Renewal Mended Effective Date Amendment Amended Termination Data Supplement Lease _..... NAME OF LEAS AGENCY: Maine Department of Transportation 95-353 STATE OF MAINE STANDARD AGREEMENT for STATE FONDS ONLY - URBAN PROJECTS THIS AGREEMENT, dated, is by and between the State of Maine, Department of Transportation, hereinafter called "DEPARTMENT" and the City of Bangor, hereinafter called "CITY•,. located at 73 Harlow Street, Bangor, Maine 04401. Telephone: (207) 945-4400. Agreement Dates: from to June 30, 1997 The Employer Identification Number of CITY is E01-6000020. WITNEESETW, that for and in consideration Of the payments and agreements hereinafter mentioned, to be made and performed by the DEPARTMENT, the CITY hereby agrees with the DEPARTMENT to furnish all qualified personnel, facilities, materials and services and in consultation with the DEPARTMENT, to perform the project described In Rider A. The following riders are included as part of this Agreement: Rider A - Specifications of Work to be Performed Rider B - Payment and Other Provisions IN WITNESS WHEREOF, the DEPARTMENT and the CITY, by their representatives duly authorized, have executed this agreement in three (3) originals as of the day and year first above written. DEPARTMENT: - CONTRACTOR: Department of Transportation City of Bangor By: By: Kenneth W. McNeill, Director Edward A. Barrett, Highway Mass Trans. Division City Manager STATE CONTROLLER 95-353 STANDARD AGREEMENT -State Funds Only -Urban Projects Page 2 of 7 RIDER A SPECIFICATIONS OF WORK TO BE PERFORMED SOURCE OF FUNDS - Total STATE - DEPARTMENT OF TRANSPORTATION Amount General Fund $34,120.00 Total $34,120.00 COMPLIANCE REQUIREMENTS ADMINISTRATIVE REQUIREMENTS ° 49 CFR 18, Common Rule (State, Local, Indian Tribal Governments) Private -for -Profit Agencies) ° FTA Circular C -5030.1A, UMTA Project Management Guidelines for Grantees (All Contractors) ° FTA Circular C-4220.18, Third Party Contracting Guidelines for - Grantees (All Recipients of Federal Funds) ° 49 CFR, Parts 660 and 661 BUT AMERICA REQUIREMENTS (All Recipients of Federal Funds) ° 23 MRSA Section 4209 et al (Recipients of State Funds) ° Standard Program Compliance Requirements applicable to the source of funds received (All Recipients) COST PRINCIPLES 0 OMB Circular A-87 (State, Local, Indian Tribal Governments) AUDIT REQUIREMENTS ° OMB Circular A-128 (State, Local, Indian Tribal Governments) Private -for -Profit Agencies) ° Maine Uniform Accounting and Auditing Practices for Community Agencies (MAAP) (All Contractors) _ 95-353 STANDARD AGREEMENT -State Funds only -Urban Projects Page 3 of RIDER -A (Cont -d.) WORK TO RE COMPLETED The CITY shall undertake to provide an urban mass transportation service, hereinafter called -PROJECT" in the Greater Bangor urban area of Maine as stated in their application, dated September 1994 and incorporated herein by reference. (This space is intentionally left blank.) 95-353 STANDARD AGREEMENT -State Funds Only -Urban Projects Page 4 of 7 RIDER A PAYMENT ANO OTHER PROVISIONS 1. CONTRACT PRICE. $3420. (Thirty-four Thousand, One Hundred Twenty Dollars). 2. INVOICES AND PAYMENTS. Payment shall be made by the DEPARTMENT after receipt of an approved itemized invoice submitted by the CITY upon its usual billing forms or business. letterhead, or upon a form required by the DEPARTMENT. Payments under this Agreement are subject to the CITY's compliance with all items set forth in this Agreement and subject to the availability of funds. 3. INDEPENDENT CAPACITY. The parties hereto agree that the CITY, and any agents and employees of the CITY, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State. 4. CONTRACT ADMINISTRATOR. The DEPARTMENT shall designate a Contract Administrator who will act as the DEPARTMENT's representative. The DEPARTMENT shall ensure that the CITY is given the name of the Contract Administrator at the time of the execution of the Agreement. 5. DEPARTMENT'S REPRESENTATIVE. The Contract Administrator shall be the DEPARTMENT's 'representative during the period of this Agreement. The Contract Administrator has authority to stop the work if necessary to ensure its proper execution; certify to the DEPARTMENT when payments under the Agreement are due and the amounts to be paid; make decisions on all claims of the CITY, subject to the approval of the Head of the DEPARTMENT and in accordance with the policies of the DEPARTMENT. 6. CHANGES IN THE WORK. The DEPARTMENT may order changes in the work, the Agreement sum being adjusted accordingly. All such orders and adjustments shall be in writing. Claims by the CITY for extra cost must be made in writing and signed by the Contract Administrator before executing the work involved. 7. PERIOD OF PERFORMANCE. A. Effective Date: E. Termination Date: June 30, 1997 95-353 STANDARD AGREEMENT -State Funds Only -Urban Projects Page 5 of 7 RIDER (Cont'd.) S. SUBCONTRACTS. Unless provided for in this Agreement, no contract shall be made by the CITY with any other party for furnishing any of the work or services herein contracted for without the consent, guidance and approval of the Contract Administrator. Any subcontract hereunder entered into subsequent to the execution of this Agreement must be annotated "approved" by the Contract Administrator before it is reimbursable hereunder. This provision will not be taken as requiring the approval of contracts of employment between the CITY and its employees assigned for services thereunder. 9. SUBLETTING. ASSIGNMENT OR TRANSFER. The CITY shall not sublet, ae11, transfer, asavgn, or otherwise dispose of this Agreement or any portion thereof, or of its right, title or interest therein, without written request to and written consent of the Contract Administrator. No subcontracts or transfer of agreement shall in any case release the CITY of its liability under this Agreement. 10. EQUAL EMPLMENT OPPORTUNITY. During the performance of this Agreement, tOYhe CITY agrees as follows: a. The CITY will not discriminate against any employee or applicant for employment because of race, color, religious creed, sex, national origin, ancestry, age, physical disability, or mental disability. Such action shall include, but not be limited to, the following: employment, upgrading, demotions, transfers, recruitment r recruitment advertising; layoffs or terminations; rates of pay or other forms of compensation; and, selection for training, including apprenticeship. b. The CITY will, in all solicitations or advertisements for employees placed by or on behalf of the CITY, state that all qualified applicants will receive consideration for employment without regard to race, color, religious creed, sex, national origin, ancestry, age, physical disability, or mentaldisability. C. The CITY will send to each labor union or representative of the workers with which it has a collective bargaining agreement, or other contract or understanding, whereby it is furnished with labor for the performances of its contract, a notice, to be provided by the contracting department or agency, advising the said labor union or workers' representative of the CITy's commitment under this Section and shall post copies of the notice in conspicuous places available to employees and to applicants for employment.- — — ' 95-353 STANDARD AGREEMENT -State. Funds Only -Urban Projects Page 6 of 7 RIDER -B (Cont'd.) d. The CITY will Cause the foregoing provisions to be inserted in all contracts for any work covered by this Agreement So that such provisionsshall be binding upon each subcontractor. 11. EMPLOYMENT AND PERSONNEL. The CITY shall not engage on a full-time, part-time or other basis during the period of this Agreement, any professional or technical personnel who are or have been at any time during the period of this Agreement in the employ of any State department or agency, except regularly retired employees, without the written consent of the public employer of such person. 12. STATE EMPLOYEES NOT TO BENEFIT. No individual employed by the State at the time this Agreseent. is executed or any time thereafter shall be admitted to any share or part of this Agreement or to any benefit that may arise therefrom directly or indirectly due to their employment by or financial interest in the CITY or any affiliate of the CITY. This provision shall not be construed to extend to this Agreement if made with a corporation for its general benefit. 13. WARRANTY. The CITY warrants that it has not employed or written any company or person, other than a bona fide employee working solely for the CITY to solicit or secure this Agreement, and that it has not paid, or agreed to pay any company or person, other than a bona fide employee working solely Eor [he CITY any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon, or resulting from the award for making this Agreement For breach or violation of this Warranty, the DEPARTMENT shall have the right to annul this Agreement without liability or, at its discretion, to deduct from the contract price o consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gifts, or contingent fee. 14. ACCESS TO RECORDS. The CITY shall maintain all books, documents, payrolls, papers, accounting records and other evidence pertaining to this Agreement and to make such materials available in its offices at all reasonable times during the period of this Agreement and far such subsequent periods as specified under the Maine Uniform Accounting and Auditing Practices for Community Agencies (NAAP) rules. The CITY shall allow inspection of pertinent documents by the DEPARTMENT or any authorized representative of the State of Maine or Federal Government, and copies thereof shall be _ furnished, if requested. _ 95-353 STANDARD AGREEMENT -State Funds Only -Urban Projects Page 7 of 7 RIDER E (Cont'd.) 15. AUDIT. Funds provided under this Agreement are subject to the audit requirements contained in the mAAP, and may further be subject to audit by authorized representatives of the Federal Goverment. 16. TERMINATION. The performance of work under this,Agreement may be terminated by the DEPARTMENT, in whole, or, from time to time, in part, whenever for any reason the Contract Administrator shall determine that such termination is in the beet interest of the DEPARTMENT. Any such termination shall be effected by the delivery to the CITY of a Notice of Termination specifying the extent to which performance of the work under this Agreement is terminated and the date on which such termination becomes effective. The Agreement shall be adjusted and modified accordingly. 17. GOVERNMENTAL REQUIREMENTS. The CITY warrants and represents that all governmental ordinances, laws and regulations shall be complied with. 1E. INTERPRETATION AND PERFORMANCE. This Agreement shall be governed by the laws of the State of Maine as to interpretation and performance. 19. STATE HELD HARMLESS. The CITY agrees to indemnify, defend and save harmless the State, its officers, agents and employee from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, materialmen, laborers and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the CITY in the performance of this Agreement and against any liability, including costs and expenses for violation.af proprietary rights, copyrights, or rights of privacy, arising out of publication, translation, reproduction, delivery, performance, use or disposition of any data furnished under this Agreement or based on any libelous or other unlawful matter contained in such data. 20. APPROVAL. This Agreement is subject to the approval of the State Controller before it can be considered as a valid document. 21. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties, and neither party shall be bound by any statement or representation not contained herein.