HomeMy WebLinkAbout2011-12-28 12-039 ORDERCOUNCIL ACTION
Item No. 12 039
Date: December 28, 2011
Item/Subject: Order, Ratifying the Execution of a Sublease Agreement between the City of Bangor/
Community Connector and Downeast Transportation Inc. for the Lease of Two Transit Buses
Responsible Department: Executive/Community Connector
commentary: This Order will ratify the execution of an Agreement between the City of Bangor
Community Connector and Downeast Transportation, Inc. for the lease of two transit buses. Recently,
several transit buses had to be removed from service due to structural concerns with the bus frames.
Spare buses were moved into service, severely depleting the spare bus fleet. Downeast Transportation,
Inc., operator of The Island Explorer System on Mt. Desert Island, is willing to lease the City two buses,
which they do not use during the winter. The cost to lease the buses is $600 per bus, 24 cents per mile,
and the cost of fuel, repairs and maintenance. The lease shall expire on or before March 31, 2012.
Given the urgency to have these spare buses available by mid-December, the lease was signed by the
City Manager and ratification by the City Council is being requested. The Finance Committee has reviewed
and recommends approval.
Department Head
manager's Comments: Approval is recommended.
City Manager
Associated Information: Order, Sublease Document
Budget Approval:
finance Director
Legal Approval:
Introduced for
x Passage
First Reading
Referral
Assigned to Councilor - Baldacci
CITY OF BANGOR
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December 28, 2011
(TITLE.) Order, Ratifying the Execution of a Sublease Agreement between the City of
Bangor/Community Connector and Downeast Transportation Inc. for the Lease of Two
Transit Buses
By the City Council of the City of Bangor.-
WHEREAS,,
angor.
WHEREAS, the City of Bangor/Community Connector Public Transit System is
experiencing a shortage of buses due to structural issues with the
frames on several buses; and
WHEREAS, these buses have subsequently been removed from service, forcing
spare buses into service, and leaving the Community Connector System
with only 2-3 spare buses; and
WHEREAS, Downeast Transportation, Inc., operators of The Island Explorer System
on Mt. Desert Island, and the State of Maine are willing to lease two
transit buses to the City on a short-term basis until a longer term
solution can be arranged; and
WHEREAS, in order to receive the buses in a timely fashion, the City Manager was
required to sign a lease agreement outlining the terms and conditions
of the lease, which will be in effect no later than March 31, 2012.
NOW, THEREFORE, BE IT ORDERED BY THE BANGOR CITY COUNCIL, THAT the
execution of a Sublease Agreement by the City Manager between the City of
Bangor/Community Connector and Downeast Transportation, Inc. for the short-term
lease of two transit buses is hereby ratified, as provided by the attached lease
document.
IN CITY COUNCIL.
December 28, 2011
Passed
(t� - 11AI t!4 62a 4
CITY CLE
# i7_nAg
ORDER
(TITLE,) RatifvinQ the Execution of a Sublease
Ageement between the City of Bangor/Community
Connector and Downeast Transportation Inc. for
the Lease of two Transit Buses'
Assigned to Councilor-E�, D 6C, P p
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SUBLEASE AGREEMENT
This agreement, made and entered into on December 13, 2011 is by and between Downcast
Transportation, Inc., a Private non-profit corporation having its principal place of business at P.O. Box
914, Ellsworth, Maine (hereinafter referred to as "Lessor") and City of Bangor/Com ni
having its principal place of business at 481 Maine Avenue in Bangor, Maine (herei ma ty Connector
to
"Lessee'). The Lessor and Lessee mutually agree the Lessor will lease the f nafter following vehicles referrthe
ed to as
Lessee subject to the terms set forth in this agreement.
Description of Vehicles subject to this Sublease Agreement:
2007 El Dorado MST 11, VIN# 4UZAACB397CY91582
2007 Et Dorado MST 11. VIN4 4UZAACB377CY91581
Terms of Sublease
Lessor shall be responsible for:
L Lessor is responsible to place the above cited vehicles into winter service condition and
preparing them for public transport for the Lessee's use during the course of this sublease
agreement.
2. Lessor is responsible for the purchasing of winter tires for the vehicles cited above for the
Lessee's use during the course of this sublease agreement.
Lessee shall be responsible for•
Preparation Costs. Lessee will pay Lessor the cost of $600.00 per vehicle for costs associated
with preparing the above cited vehicles into winter condition for public transport.
2. Vehicle Registration plates. Vehicle insurance is the Lessee's responsibility for a time period no
later than March 31. 2012.
All costs Of fuel, repair and routine maintenance for a time period no later than March 31, 2012).
The Lessee will pay a percentage of the following Preventative maintenance based on miles
driven and the percentage of the Preventative Maintenance interval.
4. Lessee will pay for the removal of the winter tires and wilt pay a prorata share based on lifespan
of the winter tires and the miles used by the Lessee.
Additional Terms of Sublease
The lessee agrees to be bound to the same Rider A — specifications of work to be performed, compliance
requirements. cost principals, audit requirements and conditions as the Lessor in the "State of Maine Standard
Lease Agreement for Federal Transit Administration -_ 49 U.S.C. 55320 dated July 3, 2007 to
July 2, 2017 by and between Downeast Trayisportation. Inc. and State of Maine, Department of
Transportation". which is attached to this sublease agreement.
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The Lessor and Lessee will each provide for their own two-way radio systems, signage and graphics for each
of the vehicles with no damage to the existing graphics on the vehicles.
The Lessee agrees to, at a minimum, comply with and maintain the vehicles in accordance with the
Manufacturer's maintenance schedule and with DTI's maintenance schedule for the vehicles. Lessee further
agrees to furnish copies of all maintenance records performed on the vehicles to the Lessor by the I5'" of the
following month.
The Lessee agrees to pay a mileage rate of S0.24/mile to Lessor for mileage incurred on the vehicles while in
the lessee's possession. These funds shall be used by the Lessor for long term nonroutine maintenance On the
vehicles. This payment shall be made monthly to coincide with submission of maintenance records to Lessor.
Lessee agrees to use an authorized warranty facility, Colwell Diesel, for all repairs to vehicles that are
covered by manufacturers warranty and follow all warranty procedures so that all warranty repairs can be
performed at no cost to Lessor or Lessee.
It's agreed and understood that this lease shall be from the date hereof and for no later than March 31, 2012. If
cancelled, the vehicles shall revert to Downcast Transportation, Inc. or MaineDOT.
Any disputes arising from this agreement shall be referred to the vehicle's owner MaineDOT for resolution.
IN WITNESS WHEREOF, the parties have hereunto set their hands the day, month and year first
above written.
Downeast Transportation, Inc., Lessor
Paul G. Mqftlli "9-d M P..1 G. M.,Phy
W4: cn4al G. MuMhy, _D~-1
Murphy
7r.Au"atim Im, ft
*MO-P.WM&W.Adi-m, --Us
D.W, 201
!12.11 17jss:so _m%&
Paul Murphy, Manager
Date— 12/12/11
City of Bangor/Community Connector, Lessee
(Catherine
Date—
I codify that the signature above is true and accurate. I further certify that the signature, if electronic: (a) is intended to have the
"Me force as a Manuel signatures; (A) Is unique to mYself; (c) is capable of vOriftedon; and (CO is under the sole control of
Myseff.
WITH CONCURRENCE WITH VEHICLE OWNER
Margaret Duval, Assistant Director— Date
Bureau of Transportation Systems Planning
Maine Department of Transportation
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STATE OF MAINE
STANDARD LEASE AGREEMENT for
FEDERAL TRANSIT ADMINISTRATION - 49 U.S.C. §5320
THIS LEASE AGREEMENT, dated July 3, 2007 is by and between the State of Maine,
Department of Transportation, hereinafter called "DEPARTMENT,,, and, ppMWt
MMRW�fttion �Inc., hereinafter called "CONTRACTOR", located at PO Box 914, Ellsworth
Maine 04605, Telephone Number: (207)667-5796.
Lease Agreement dates from hgy3_, 2007 to Ju%017
The Employer Identification Number Of CONTRACTOR is; E-010371992
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 Lease Agreement
Rider A - Specifications of Work to be Performed
Rider B - Payment and other Provisions
Rider C - Terms and Conditions
IN WITNESS WHEREOF, the DEPARTMENT and the CONTRACTOR, by their
representatives duly authorized, have executed this Lease Agreement in three (3) originals as of
the day and year first above written.
DEPARTMENT-.
CONTRACTOR:
# r
• , 441
er
Paut
..'W
M y
Manager
STANDARD LEASE AGREEMENT -FFA 49 U.S.C. §5320 Page 1 of 14
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RIDER A
SPECIFICATIONS OF WORK To BE PERFORMED
—1
• DVartment of interior-ACADIA-NP
49 U.S.C. §5320 ME -20-X001 C,atalog#20.520
• State Bond 1850
Pin# 014084.00 013-0443-013-7211
$1,146,288.00
S 110,160.00
Total S 1.256.448.00
$1,146,288.00
Pin# 014084.00 018-0443-502-6401 $ 110,160.
TOTAL d, -i
COMPLMNCIE REQUIREMENTS
AiIMTNTS'I~RATT'4 REO
_ IMMMENTS: 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).
o 20-02, CFR Title 49, Volume I
- 49 CFR 19, Common Rule (Higher Education, Hospitals and Other Non -Profit)
0 2002 CFRTitle 4
& Volume I
- OMB Circular A-110 (Higher Education, Hospitals and Other Non Profit Organizations).
0 1 iAdminigrati -miromenta for and Agremnents;
With Instituliffla of Hither Education, HoWitals.
- OMB Circular A-133 (State, Local, Indian Tribal Governments; Other Non -Profit
Agencies).
0 OrpWarA-131— Audits of to es s, Local Goyernments, md.Noii-profit Qmanintions
- PTA Circular C-9040.IF Nonurbanized Area Formula Program Guidance and
Grant Application instructions.
0 Legislation Revulations & CirculaLsL dance
- FTA Circular C-5010.IC, FTA Grant Management Guidelines/Project
Management Guidelines for Grantees (All Contractors),
0 F-e-dMJ-Tr-4M—it-A4-iDinistration - LeRislation. Remilations, &..CircuIgmtQuidLnce
STANDARD LEASE AGREEMENT -PTA 49 U.S.C. §5320 Page 2 of 14
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- FTA Circular C -4220,1E, Third Party Contracting Guidelines for Grantees (All
Recipients of Federal Funds),
o Federal
r nun'
- FTA Circular C -9070.1F, 49 U.S.0 §5310 Capital Assistance Program Guidance (Grant
Recipients), Elderly Individuals and Individuals with Disabilities Program Guidance and Application
Instructions
o EW-e-W-TM§4A"W-,-1ratio i_:L
. 49 CFR, Part 661 BUY AMERICA REQUIREMENTS (All Recipients of Federal Funds).
0 2905 -XR Title 49, Volume 7
- 23 MRSA Section 4209 et at
o
- Maine Uniform Accounting and Auditing Practices for Community Agencies (MAAP) (All
Contractors)
0 hu: ;vww.m4L4-%RLV/Aos—/tg631l ltl 1
44/144c030.d e;
- Standard Program Compliance Requirements applicable to the source of funds received (All,
Recipients).
C081 =
- OMB Circular A-87 (Cost Principles for State, Local and Indian Tribal Governments),
0 Circular A:E2mdag4
- OMB Circular A-102 (Grants and Cooperative Agreement's With State and Local Governments)
o Circular A-102
- OMB Circular A-110 (Institutions of Higher Education, Hospitals and Other Non -Profit
Organizations).
0 a
nd AgMMe
With Institutions of Hiflhff Education. U91piftals, and Other Non -Profit Organizations
- OMB Circular A-122 (Non -Profit Organizations).
o Circular A-12-2,Cost PriiiciWgLfor Non Profit oIggaiggtioa
- 48 CFR Part 31, Cost Principles (Non- Profit and Private -for Profit Agencies)
0 200b CFR Tide„8 Vol___me 1_
ATUMDlffT I . QUUMMENTS•
-OMB Circular A-133 (States, Local and Non -Profit Organizations),
0 Girceelauj&133--AydjLscrfStates Local f vercune an Pion -Profit r ons
STANDARD LEASE AGREEMENT -FTA 49 U.S.C. §5320 Page 3 of 14
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Maine Uniform Amounting and Auditing Practices for Community Agencies
(MA") (All Contractors)
0 h= &wwmeine. ggyLsL)gc—ea—rjies/i /mvi44coxdoe
Maine Department of Transportation - All commkuAty agencies with total revenues from
State and Federal pass-through of at least $25,000.00 and less than $500,0()0.00 are
required to submit Compiled financial statements and MAAP Supplemental forms:
Schedule of Agreement operations (SAO) and Agreement Settlement Forms (AM.
These schedules are to include, by PIN, all agreements through Maine DOT. These
schedules are not required to be prepared by all independent public accountant.
Annual Audit Reports shall be submitted to the, Office of Audit ag I#= than:
Tier I (Community Agency that receives $25,000 or more in federal and state funding) Four
(4) months after the fiscal year end of the Community Agency.
Tler 2 (Community Agency that receives $500,000 or more in federal and date funding)
Nine (9) months after the fiscal year end of the Community Agency.
A Cost Allocation Plan shall be submitted to the Office of Audit with the Agency Annual Audit
Report.
- Annual Audit Reports shall be submitted to the Federal Clearinghouse,
QXT REE0RTjNgjLQ=gH&NTS-
Monthly Drawdown Reports shall be submitted each month, including zero dollar requests for
reimbursement, to the Agreement Administrator at the MaineDOT Office of Passenger
Transportation.
The final Monthly Drawdown for this contract must be submitted to the Agreement
Administrator at the MaineDOT Office of Passenger Transportation no later than 90 days
from the termination date of the contract term as specified on the signature page.
- Monthly National Transit Database (NTD) reporting information for 5307 and 5311 program
shall be submitted to the Agreement Administrator at the MaineDOT Office of Passenger
Transportation with the Monthly Drawdown Report.
- NTD annual reporting to the RrD database (Urban 5307 and Rural 5311 programs).
- Bi -annual Women/Disadvantaged Business Enterprise (W/DBE) reports are due no later than
April 15th and October 15' to the Agreement Administrator at the MaineDOT Office of
Passenger Transportation.
- Submission Of Job Access and Reverse Conunute annual reporting (JARC 5316 Program) upon
request of the Agreement Administrator.
STANDARD LEASE AGREEMENT -FTA 49 U.S.C. §5320 . Page 4 of 14
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The DEPARTMENT and the CONTRACTOR mutually agree that the
DEPARTMENT will lease the following vehicles to the CONTRACTOR, subject to the
conditions set forth in this Rider A and elsewhere in this Lease Agreement:
Eight (8) 2007 ElDorado National MSII Propane buses with seating capacity of Twenty six (26)
Ambulatory Passengers and two(2) wheel chair positions:
VIN# 4UZAACB337CY91576
VIN# 4UZAACB357CY91577
VIN# 4UZAAC]3377CY91578
VIN# 4UZAAC13397CY91579
VIN# 4UZAACB357CY91580
VIN# 4UZAACB377CY91581
VIN#4UZAACB397CY91582
VIN# 4UZAAC]3307CY9]583
with wheelchair lift to be leased tortatiox�lar, for General Service Routes in
Acadia National Park, Should the CONTRACTOR no longer provide this service, the above
described vehicle will be returned to the DEPARTMENT and the depreciated local share, shall
be returned to the CONTRACTOR.
(Ms Space is intentionally left blank.)
I' DE A (Cont'd.)
Page 5 of 14
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CON !!1TJO"
The total cost of the above named items is $1,256,448.00 (includes $1,146,288.00 in
Federal funds from the Department of Interior (ACADIA-NP), and $110,160.00 in State
Bond Funds.
2. The CONTRACTOR shall pay the local share of $0* to the
DEPARTMENT at the time of delivery of the above named items and shall
pay a rental fee Of $1.00 or other valuable considerations; receipt whereof is
hereby acknowledged,
*No Local Share required.
3. Title to said vehicles shall remain with the DEPARTMENT.
4. The, CONTRACTOR may identify the leased vehicles with its logo as deemed
appropriate.
The CONTRACTOR shall maintain the leased vehicles at a high level of
cleanliness, safety, and mechanical reliability. Such maintenance shall be the
CONTRACTOR'S responsibility and shall be subject to periodic inspection
by the DEPARTMENT to insure continuing quality of maintenance, appearance
and physical condition,
6. The CONTRACTOR shall defend, indemnify, and hold the DEPARTMENT
harmless from and against any and all claims of any nature arising from
the use of the aforementioned vehicles.
7. The CONTRACTOR shall carry and maintain adequate insurance; and, in the
case of vehicles, carry collision, fire, theft, and comprehensive general liability
insurance. The scope and amounts of such insurance shall be satisfactory to the
DEPARTMENT who shall be named as an insured under all policies of
insurance. The CONTRACTOR shall provide certificates of insurance
evidencing such coverage to the DEPARTMENT each year.
8. The CONTRACTOR shall maintain vehicle maintenance and operating records
and make same available to the DEPARTMENT upon request.
9. The CONTRACTOR shall operate the vehicles in accordance within all
applicable guidelines and restrictions of the Federal Transit Administration
and the DEPARTMENT, as set forth in Rider A under "Compliance
Requirements".
STANDARD LEASE AGREEMENT -FTA 49 USC §5320 Page6 of 14
RIDER A (ConVd.)
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10- The CONTRACTOR shall operate the vehicles for the purposes set forth in the
Biennial Operations Plan for the region wherein the CONTRACTOR is
domiciled.
11. In the event the DEPARTMENT either sells or authorizes the sale of the
vehicles, the CONTRACTOR will receive reimbursement in proportion to its
Original local share contribution,
12, The DEPARTMENT may, by written notice to the CONTRACTOR, terminate
this Lease Agreement, and repossess said vehicles, for any of the following
reasons:
a. The CONTRACTOR discontinues the use Of any Of the leased equipment during the
Period of the Lease Agreement.
b. The CONTRACTOR takes any action pertaining to this Lease Agreement without
the, approval of the DEPARTMENT and which, under the terms of the Lease
Agreement, would have required the DEPARTMENTs approval.
c. The CONTRACTOR shall be in default under any provisions of this Lease
Agreement.
The CONTRACTOR shall neither assign nor transfer any interest in the vehicles, nor
shall it assign, transfer, or delegate any of its responsibilities in this Lease Agreement
without prior written consent of the DEPARTMENT.
2, No member or delegate to the Congress of the United States shall be admitted to any
share or part of this Lease Agreement of to any benefit arising therefrom.
3. The CONTRACTOR will comply with all the requirements imposed by Title VI of the
Civil Rights Act of 1964 (78 Stat. 252), the Regulations of the United States Department
of Transportation issued thereunder (CFR Title 29, Sub -title A, Part 21), and the
assurance by the CONTRACTOR pursuant thereto. The CONTRACTOR will comply
with the applicable provisions of Executive Order 11246 of September 24, 1965, Title V1
of the Civil Rights Act of 1964, and to the rules, regulations and relevant orders of the
US Secretary of Transportation and the Secretary of Labor.
4. In connection with the performance of the Lease Agreement, the CONTRACTOR
agrees to cooperate with the DEPARTMENT in meeting Federal commitments and
goals with regard to the utilization of disadvantaged/ininority/women-owned business
enterprises shall have equal opportunity to compete for subcontract work under this
Lease Agreement.
STANDARD LEASE AGREEMENT -FFA 49 USC §5320 Page 7 of 14
RIDER A (Cont'd.)
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5. The CONTRACTOR agrees, in the absence of a waiver approved by the US Department
Of Labor, 10 the terms and conditions in Section 13(c) of the Intermodal Surface Trans-
portation Efficiency Act of 1991 (ISTEA), and regulations of the US Department of
Transportation and the US Department of Labor, thereunder. Additionally, the
CONTRACTOR agrees to the terms and conditions set forth in Rider C.
6. The CONTRACTOR further agrees, as a condition to the approval or extension of any
Federal financial assistance from the United States Department of Transportation, to
comply with Section 504 of the Rehabilitation Act of 1973 as amended, and all Federal
regulations promulgated thereunder.
STANDARD LEASE AGREEMENT -PTA 49 USC §5320 Page 8 of 14