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:
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Legal Approval:
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Introduced For PITY S
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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.