HomeMy WebLinkAbout1995-11-13 96-6 ORDERCOUNCIL ACTION
Date: 11-13-95
Item No 96-6
Item/Subiect: Authorizing the City Manager to Execute Maine Standard
Agreanent for Federal Funds -Capital Assistance, The Bus
Responsible Department: Administration -The Bus
Commentary:
This grant provides capital funds from the Federal Transit Administration
(FTA) for the purchase of Bus support equipment and office equipment. The
grant covers the period from July 1, 1995 through June 30, 1997. The Federal
funds are matched by participating communities on a 758-258 basis, and local
funds are appropriated from established reserve accounts for capital
acquisition and repairs.
This Order authorizes the City Manager to accept the funds only; requests to
expend funds require further authority from the City Council. The local
share to match the $27,114 Federal Grant is $7,014 for a total program budget
of $34,128. Specific requests to expend funds will be presented as needs
arise.
Associated Information:
Order, Standard Agreement
Budget Approval:
Fnaaure nTPPrm R
Legal Approval:
R
Introtlucad For
Passage - Consent
First Reading Page oY
Referral
Aeeip,ed to Corm lw Baldacci November 13, 1995
CITY OF BANGOR
(TITLE.) (Orb2Ta ..... satbaz`zfvgrhe cies Manager ta,„.,eucnte same standard
Agreement for Pederal Porde Capital 4 istance,,_34e B
...............__ -__.—.___ ...- ........1. 1__.
By the City CouMfl of the Oily ofBcnpot:
OBDW=v
TUT the City Manager is hereby direct and authorized to execute the
Mame Standard Agreement far Federal Ponds - Capital assistance, The Bus, for
Me two—year period July 1, 1995 thzougbt June 30, 1997.
iN CITY COUNCIL. 96-6
November 13, 1995 0 9 D E R
Paged-
Title, Authorizing the City Manger to
CITY CLENR Ernesto Maine Standard Agreement for
Federal Funds - Capital Aee1e[an(ej The
Aeisgpaml to
J Councilman
STATE OF MAINE _
Standard Agreement Sunwary Page
Highway Mees.
Department Stream r Division... m
Community Agency Name
Address
Employer ID2
Project Name/No. ME-90-XUO P1N4 —
CYDA4 20 507 Agency Fiscal year
op/ Account No. _ Meant
1. 013 IIA 2070 012 6401 S2] 1t4
2. -
3.
4.
5.
Total $27,114
Ever of Community Age_
Encumbrance 045
96-6
(complete appropriate statement)
(Check me)
I. Non-profit
1. A partnership
2. A corporation of the State of
2. For Piofit
3. Other' LOra] Citv Government
3. Government %
Agreement Period
Type of Agreement
Effective Date
X " New
germination Date 6/30/97
Renewal
Amended Effective Date
Amendment "
Amended Termination Data
Supplement
Lease
NANE OF LEAD AGENCY:
_
STATE OF MAINE
STANDARD AGREEMENT for
FEDERAL TRANSIT ADMINISTRATION - 49 U.S.C. 55307
URBANIZED FORMULA GRANT
THIS AGREEMENT, dated , is by and between the State
of Maine, Department of Transportation, hereinafter called
"DEPARTMENT" and the City of Bangor, hereinafter called
"coRTRACTOR", located at City Hall, 73 Harlow Street, Bangor,
Maine 04401. Telephone: (207) 945-4400.
Agreement Dates: from t0 dune 30. 1997
The Employer Identification Number is: E01-6000020
WITNESSETH, that for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed.by the
DEPARTMENT, the CONTRACTOR hereby agrees with the DEPARTMENT to
furnish all qualified personnel, facilities, materials and services
and In consultation with the DEPARTMENT, to perform the services,
study or projects 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
Rider C - Federal Requirements and Other Provisions
IN WITNESS WHEREOF, the DEPARTMENT and the CONTRACTOR, 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. Mrneill,
Director
Edward A. Barrett,
Highway
Mass Trans.
Division
City Manager
STATE CONTROLLER
STANDARD AGREEMENT -FTA -49 U.S.C. 55307 Page 2 of 7
96-6
RIDER A
SPECIFICATIONS OF WORE TO BE PERFORMED
SOURCE OF FUNDS
Total
FEDERAL - FEDERAL TRANSIT ADMINISTRATION Amount
° 49 U.S.C.45307; Catalog 420.507; Project #ME -90-X080 $27,114
Total $27,114
COMPLIANCE REQUIREMENTS
ADMINISTRATIVE REQUIREMENTS- The Federal Transit Administration
(FTA) policies and requirements are reflected in FTA circulars.
° 49 CFR 18, Common Rule (State, Local, Indian Tribal
Governments; Private -for -Profit Agencies)
° FTA Circular C -5010.1A, UMTA Project Management
Guidelines for Grantees (AL1 Contractors)
° FTA Circular C-4220.13, Third Party Contracting
Guidelines for Grantees (All Recipients of Federal Funds)
° 49 CFR, Parts 660 and 661 BUY AMERICA REQUIREMENTS (All -
Recipients of Federal Funds)
° 23 MRSA Section 4209 at al (Recipients of State Funds)
° Standard Program Compliance Requirements applicable to the
source of funds received (All Recipients)
COST PRINCIPLES
OMB Circular A-67 (State, Local, Indian Tribal Governments)
AUDIT REQUIREMENTS
0 ONE Circular A-128 (State, Local, Indian Tribal Governments;
Private -for -Profit Agencies)
0 Maine Uniform Accounting and Auditing Practices for Community
Agencies ( MAA P) (All Contractors)
WORE TO BE COMPLETED,
The CONTRACTOR shall undertake to provide an urban mass
transportation service, hereinafter called "PR EOT" in the Greater
Bangor urban area of Maine as stated in their application, dated
May 1995, and incorporated herein by reference. A detailed
explanation of work to be completed is reflected in Appendix A
attached.
96-6
STANDARD AGREEMENT-F7A-49 U.S.C. 55307 Page 3 of 7
RIDER B
PAYMENT AND OTHER PROVISIONS
1. CONTRACT PRICE.2S 7.114 (Twenty-seven Thousand, One Hundred
Fourteen Dollars). The date of execution of this Agreement
represents the effective date. However, allowable costs under
this Agreement can be billed as of September 28, 1995, for
Capital and Ogeratino Assistance only, the date when funds
vers officially authorized by the FTA for this Agreement.
2. INVOICES AND PAYMENTS. Payment shall be made by the
DEPARTMENT after receipt of an approved itemized invoice
submitted by the CONTRACTOR upon his usual billing forma or
business letterhead, or upon a form required by the
DEPARTMENT. Payments under this Agreement are subject to the
CONTRACTOR -s compliance with all items set forth in this
Agreement and subject to the availability of funds.
3. BENEFITS AND DEDUCTIONS. If the CORTRACSbR is an individual,
the CONTRACTOR understands and agrees that he is a
Independent CONTRACTOR for wham no Federal or State Income Tax
will be deducted by the DEPARTMENT, and for whom no retirement
benefits, survivor benefit insurance, group life insurance,
vacation and sick leave, and similar benefits available to
State employees will accrue. The CONTRACTOR further
understands that annual information returns as required by the
Internal Revenue Code or State of Maine Income Tax Law will be
filed by the State Controller with the Internal Revenue
Service and the State of Maine Bureau of Taxation, Copies of
which will be furnished to the CONTRACTOR for his Income Tax
records.
4. INDEPENDENT CAPACITY. The parties hereto agree that the
CONTRACTOR, and any agents and employees of the CONTRACPOR, in
the performance of this Agreement, shall act in an independent
capacity and not as officers or employees or agents of the
state.
5. CONTRACT ADMINISTRATOR. The DEPARTMENT shall designate
Contract Administrator who will act as the DEPARTNENT•s
representative. The DEPARTMENT shall ensure that the
CONTRACTOR is given the name of the Administrator at the time
of the execution of the Agreement.
6. DEPARTMENT'S REPRESENTATIVE. The Contract Administrator shall
be the DEPART[4 s representative during the period of this
theement. The Contract Administrator has authority to stop
iie 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 CONTRACTOR, subject to the approval of the Head of the
DEPARTMENT and in accordance with the policies of the
DEPARTMENT.
96-6
STANDARD AGREEMENT -FTA -49 U.S.C. $5307 Page 4 of I
Rider B (Cont'd.)
J. 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
CONTRACTOR for extra cost must be made in writing and signed
by the Contract Administrator before executing the work
involved.
S. PERIOD OF PERFORMANCE.
A. Effective Date:
E. Termination Date: June 30, 1997
9. SUBCONTRACTS. Unless provided for in this Agreement, no
contract shall be made by the CONTRACTOR 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 COMBACTOR and his employees assigned for services
thereunder.
10. SUBLETTING, ASSIGNMENT OR TRANSFER. The CONTRACTOR shall not
sublet, sell, transfer, assign, or otherwise dispose of this
Agreement or any portion thereof, or of his right, title or
interest therein, without written request to and written'
consent of the Contract Administrator. No Bob- contracts or
transfer of agreement shall In any case release the COMFRACTOR
of his liability under this Agreement.
11. EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this
Agreement, the CONTRACTOR agrees as follows:
a. The CONTRACTOR 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
or recruitment advertising) layoffs or terminations)
rates of pay or other forms of compensations and,
selection for training, including apprenticeship.
b. The CONTRACTOR will, in all solicitations or
advertisements for employees placed by or on behalf of
the CONTRACTOR, state that all qualified applicants will
receive consideration for employment without regard to
ace, color, religious creed, sex, national origin,
ancestry, age, physical disability, or mental disability.
96-6
STANDARD AGREEMENT -FTA -49 U.S.C. 55307 Page 5 of 9
Rider R (Cont'd.)
c The COM'RACTOR will send to each labor union or
representative of the workers with which he has a
collective bargaining agreement, or other contract or
understanding, whereby he is furnished with labor for the
performances of his contract, a notice, to be provided by
the contracting department or agency, advising the said
labor union or workers' representative of the
CORTRACTDR'e commitment under this Section and shall post
copies of the notice in conspicuous places available to
employees and to applicants for employment.
d. The CONTRACTOR will cause the foregoing provisions to
be inserted in all contracts for any work covered by this
Agreement so that such provisions shall be binding upon
each subcontractor.
12. EMPLOYMENT AND PERSONNEL. The CONTRACTOR shall not engage
n 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.
13. STATE EMPLOYEES NOT TO BENEFIT. No individual employed by
the State at the time this Agreement 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 CONTRACTOR or any affiliate of the CONTRACTOR. This
provision shall not be construed to extend to this Agreement
if made with a corporation for its general benefit.
14. WARRANTY. The CONTRACTOR warrants that it has not employed o
writtenanycompany or person, other than a bona fide employee
working solely for the CONTRACTOR 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 for the COMRPMfMR 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 or
consideration, or otherwise recover the full amount of Such
fee, commission, percentage, brokerage fee, gifts, or
contingent fee.
96-6
STANDARD AGREEMENT -FTA -49 U.S.C. 55307 Page 6 of
Rider B (Cont'd.)
15. ACCESS TO RECORDS. The CONTRACTOR shall maintain all books,
documents, payrolls, papers, accounting records and other
evidence pertaining to this Agreement and to make such
materials available in their offices at all reasonable times
during the period of this Agreement and for such subsequent
periods as specified under the Maine Uniform Accounting and
Auditing Practices for Community Agencies (MAAP) rules. The
CONTRACTOR 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.
16. 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
Government.
17. TERMINATION. The performance Of work under the 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
best interest of the DEPARTMENT. Any such termination shall
be effected by the delivery to the CONTRACTOR 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.
18. GOVERNMENTAL REQUIREMENTS. The CONTRACTOR warrants and
represents that all governmental Ordinances, laws and
regulations shall be complied with.
19. INTERPRETATION AND PERFORMANCE. This Agreement shall be
governed by the laws of the State of Maine as to
interpretation and Performance.
20. STATE HELD HAPMLESS. The CONTRACTOR agrees to indemnify,
defend and save harmless the State, its officers, agents and
employees 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 CONTRACTOR in the Performance of
this Agreement and against any liability, including costs and
expenses for violation of proprietary rights, copyrights, or
rights of privacy, arising out of publication, translation,
reproduction, delivery, performance, including all acts of
negligence and otherwise, use or disposition of any data
furnished under this Agreement or based on any libelous or
other unlawful matter contained in such data.
STANDARD AGREEMENT -FTA -49 U.S.C. 55307 Page 7 of 7
Rider R (COnt'd.)-
21. APPROVAL. This Agreement is subject to the approval of the
State Controller before It can be considered as a valid
document.
22. ENTIRE AGREEMENT. This Agreement contains the entire
agreement o£ the parties, and neither party shall be bound by
any statement or representation not contained herein.
STANDARD AGREEMENT -PTA -49 U.S.C. 55307 Page 1 of 5
RIDER C
FEDERAL TRANSIT ADMINISTRATION - 49 U.S.C. 55307
URBANIZED FORMULA PROGRAM
FEDERAL REQUIREMENTS AND OTHER PROVISIONS
1. Whereas 49 U.S.C. 55307 - Urbanized Formula Program provides
for Federal Grants for mass transportation projects; and
2. Whereas the Governor of the State of Maine in accordance
with a request by the Federal Transit Administration
(hereinafter referred to as "FTA") has designated the
Department of Transportation (hereinafter referred to as
"Department") to evaluate and select highway public
transportation projects in urban areas proposed by public,
private, or non-profit organizations which qualify for Federal
assistance, and to coordinate and administer FTA grants for
approved projects, including the Project covered by this
Agreement; and
3. Whereas, the Department has been apportioned a grant by FTA
for this public transportation project; and,
4. Whereas, the Contractor desires to utilize the grant for an
urbanized Public Transportation Project, hereinafter called
"Project", the parties agree that the following conditions
apply tothe execution of the Project
5. MUTUAL AGREEMENTS AND COVENANTS IN APPENDICES. Whereas
formerly this grant was contracted directly between the
Federal Government and the Department under terms and
conditions specified by the Federal Government consisting of
the Notification of Grant Approval, 49 U.S.C. Section 1804,
Program of Projects and approved Budget (See the Annual
Authorization to Proceed Letter with its attached Approved
Program of Projects); Form UMTA F 1000 Rev. 12/18/91 and
future revisions, entitled Grant, (Appendix A of this
agreement); and the Grant Implementation Schedule (Appendix B
of this agreement); those terms and conditions met forth in
Appendices A, and N are incorporatedherein as mutual
agreements and covenants of these agreements as follows:
(a) All rights of the Federal Governments become the right
of the State and enforceable by the State.
(b) All duties of the Federal Goverment remain the same.
(c) All rights and duties oftheState remain the same.
(d) All rights of the Grantee against the Federal
Goverment or the State remain the same.
VEM,
STANDARD AGREEMENT -FTA -49 U.S.C. 55307 Page 2 of 5
Rider C (Cont -d.)
(e) All duties of the Grantee to the Federal Governments
and the State become the duties to the State and
enforceable by the State.
6. PR0.3ECT COSTS. The cost of the project shall be in the
amount indicated in Rider B, Article One.
a. Payment Procedures. The Contractor shall
submit a monthly request for payment to the
Department. Total reimbursement shall be limited
to the amount specified in Rider B, Article One.
7. AECOADS ABD REPORTS. Pursuant to Appendix B, Section
104, the following requirements also apply to the execution
of -the Project:
a. Eatablia hment and Maintenance of ACCountiI
Recortla. The Contractor shall establish and
maintain all project records in accordance with
the accounting procedures outlined in the Maine
Uniform Accounting and Auditing Practices for
Community Agencies. Separate accounting records
must be kept for the Project, either
independently or within the Agency's existing
accounting system, to be known as the Project
Account.
b. Documentation of Prosect Coate. All chargee to
the Project Account shall be supported by
properly executed invoices, contracts, or
vouchers evidencing in detail the nature and
propriety of the charges, in accordance with OMB
Circular A-102 or A-110 as appropriate, and the
Maine Uniform Accounting and Auditing Practices
fox Community Ageu les.
C. Other Information. The Contractor shall submit
to the Department on a monthly basis an
itemization of project costa and revenues{
further, the Contractor shall advise the
Department regarding the progress of the Project
at such time and in such manner as the Department
and FTA may require, including, but not limited
to minutes of meetings and interim reports.
STANDARD AGREEMENT -FTA -49 U.S.C. 55307 Page 3 of 5
Rider C (Cont'd.)
8. AUDIT and INSPECTION. Pursuant to Appendix B, Section
104(f), the Contractor shall make available to the
Department, the Controller General of the United States,
and the Secretary of the United States Department of
Transportation, or their authorized representatives,
project records for purposes of audit during normal
business hours.
The Contractor shall permit the above-named persons to
Inspect, at any time during the Project, all vehicles,
equipment and facilities purchased pursuant to this
Agreement' all transportation services rendered by the
Contractor involving the use of such vehicles, equipment
and facilities: and all relevant project records.
The Contractor shall make available to the Department, at
such times as it may require, such financial statements,
data records, contracts, and other documents related to the
Project as may be deemed necessary by the Department or
FTA.
9. UNIFORM SYSTER OF ACCOUNTS AND RECORDS AND REPORTING
SYSTEM - SECTION 15 OF THE FEDERAL TRANSIT ACP. Pursuant
to Section 8 of Appendix A, Special Requirements for
Section 9 Projects, the following requirement is added:
"(a) the Grantee agrees to comply with the Uniform
System of Accounts and Records and Reporting System as
prescribed in 49 CFR Part 630."
10. DISADVANTAGED/MINORITY/WOKEN-OWNED BUSINESS ENTERPRISES.
In connection with the performance of this Agreement, the
C0NTRACTOR agrees to cooperate with the DEPARTKENT in
meeting Federal commitments and goals with regard to the
utilization of disadvantaged/minority/women-owned business
enterprises and will use its best efforts to insure that
disadvantaged/minority/women-owned business enterprises
shall have equal opportunity to compete for subcontract
work under this Agreement. The CONTRACTOR assures that it
will attempt to achieve no less than 108
Disadvantaged/Women Owned Business Enterprises (DBE/WBE)
participation in the completion of this PRO.IECT.
11. LABOR PROTECTION. Pursuant to Appendix A, Section 5,
Labor Protection, the following terms and conditions shall
apply for the protection of employees in the mass passenger
transportation industry in the service area of the. Project:
a. The Project shall be carried out in such a manner and
upon such terms and conditions as will not adversely
affect employees in the mass passenger transportation'
industry within the service area of the Project..
96-6
STANOARU AGREEMENT -FTA -49 U.S.C. 55307 Page 4 of 5
Rider C (Cont'd.)
b. All rights, privileges, and benefits (including
pension rights and benefits) of employees (including
employees already retired) shall be preserved and
continued.
C. The Contractor shall be financially responsible for
any deprivation of employment or other worsening of
employment position as a result of the Project.
d. In the event an employee is terminated or laid off as
a result of the Project, he shall be granted priority
of employment or reemployment to fill any vacant
position for which he or she is, or by training or
retraining can become, qualified. In the event
training or retraining is required by such employment
or reemployment, the Contractor shall provide or
provide for such training or retraining at no cost to
the employee.
e. Any employee who is laid off or otherwise deprived of
employment or placed in a worse position with respect
to compensation, hours, working conditions, fringe
benefits, or rights and privileges pertaining thereto
at any time during his or her employment as a result
of the Project, including any program of efficiencies
or economies directly or indirectly related thereto,
shall be entitled to receive any applicable rights,
privileges and benefits as specified in the employee
protective arrangement certified by the. Secretary of
Labor under Section 405(b) of the Rail Passenger
Service Act of 1970 on April 16, 1971. An employee
shallnot be regarded as deprived of employment or
placed in a worse position with respect to
compensation, etc., In case of his or her resignation,
death, retirement, dismissal for cause, or failure to
work due to disability or discipline. The phrase "as
a result of -the Project" as used herein shall include
events occurring in anticipation of, during, and
subsequent to the Project.
I. These conditions shall be subject to the legal
limitations, if any, of the Contractor. In the event
any provision of these conditions is held to be
invalid or otherwise unenforceable, the Contractor,
the employees and/or their representatives may invoke
the jurisdiction of the Secretary of Laborto
determine substitute fair and equitable employee
protective arrangements which shall be incorporated in
these conditions.
STANDARD AGREEMENT -FTA -49 U.S.C.
55307
Page 5
of 5
Rider C (Cont'd.)
g. The Contractor agrees that any controversy respecting
the project's effects upon employees, the
interpretation or application of theme conditions and
the disposition of any claim arising hereunder may be
submitted by any party to the dispute including the
employees or their representative for determination by
the Secretary of Labor, whose decision shall be final.
A. The Contractor shall maintain and keep on file all
relevant books and records in sufficient detail as to
provide the basic information necessary to the making
of the decisions called for in the preceding paragraph.
i. The Contractor will post, in a prominent and
accessible place, a notice stating that the Contractor
is a recipient of Federal assistance under the Federal
Transit Act and has agreed to comply with the
provisions of Section 13(c) of the Act.
The notice shall also specify the terms and conditions
set forth herein for the protection of employees.
END
96-6
Appeadiu A
PROPGRM OF PROJMCTP
Operating Aeeistance (60/50'
Federal
Local
Total
for period from 1/1/94 to
9/30/95
$ 314
$ 314
$ 626
po,,mse of Soo Support
$ 24,000
$ 6,000
$ 30,000
Equipment
Purchase of Office Cquiprtsnt $ 2,800 $ 100 $ 3,500
Total $ 21,114 $ 1,014 $ 34,128