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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