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August 24, 2009 Jack Stucky, CDPD V.M. Superintendant City of Missoula 435 Ryman St. Missoula MT 59802 2701 Prospect Avenue PO Box 201001 Helena MT 59620-1001 Brian Schweitzer, Governor Subject: Funding Agreement for 2009 Air Quality Equipment Enclosed are two copies ofthe agreement for the subject project to be executed between the Montana Department of Transportation (MDT) and the City ofMissoula. The equipment listed in the agreement is the low bid item that met the minimum specifications ofthe bid package for the type ofequipment the City requested. The agreement shows the required local match the City must pay prior to acquiring the equipment. The equipment will be delivered F.O.B. to MDT Helena headquarters. MDT personnel will inspect the equipment to ensure the specifications have been met. The local government is responsible for picking the equipment up after it has been inspected and paid for. The delivery ofthe equipment to MDT - Helena headquarters is dependent on the vendor's delivery schedule. Contact Jim Richman at (406) 444-6151 or e-mail: [EMAIL REDACTED] you want to know the tentative delivery schedule. Training on how to operate and maintain the equipment will be provided by the vendor and arranged by the local government directly. Please review the attached agreement and ifacceptable, obtain designated local official and legal council signatures and date both copies. Return both agreements to MDT at the following address. will main an executed agreement will be mailed to you after MDT signatures are obtained for your file. Montana Department ofTransportation Rail, Transit, & Planning Division Attn: Janet Kenny 2550 Prospect Avenue PO Box 201001 Helena, MT 59620-1001 When the agreement is executed, MDT will invoice you for the local match as described in the agreement, and the local agency will submit payment to the state within thirty (30) days of billing. IfY~o. v.e any questions please call me at (406) 444-7294 or e-mail me at [EMAIL REDACTED] . Jane Kenny Rail/Air Quality Planner Enclosure Copy: Project File Multimodal Planning Bureau Phone: (406) 444-3423 Fax: (406) 444-7671 An Equal Opportunity Employer Ra/~ Transit and Planning Division TIT: (800) 335-7592 Web Page: ---PAGE BREAK--- and this equlplIJlent olwc:ila:se eqILup.mt:nt as per Title 49 l\1DT Total ---PAGE BREAK--- 6. their access to any reconts of Missoula agrees to create completion Agreement 8. District Court This Agreement Auditor or The City years after the ex(;ept:wrn I ""i"TH~ to this not u,,:)~U5jl.>c~ h or subcontract any Agree:me:nt~ venue will only be in and Clark. a:gre~errleIlt between parties. 13. discretion" may ternnna1te MDT may tenlumlate ~greerne]lt terms as set IN Agreemeltlt to Dated: _ ---PAGE BREAK--- Attachment A NON-DISCRIMINATION NOTICE During the performance ofthis Agreement, the Local Agency, Butte-Silver Bow County, (hereafter in this Section "the Party"), for itself, its assignees and successors in interest, agrees as foHows: A) COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 FOR FEDERAL-AID CONTRACTS Compliance with Regulations: The Party shall comply with all Regulations relative to nondiscrimination in Federally-assisted programs ofthe Department'ofTransportation, 49 Code of Federal Regulations (CFR) Part 21, as they may be' amended (hereafter referred to as the Regulations), which are incorporated by reference and made a part of this Agreement, even if only state funding is here involved. Nondiscrimination: The Party, with regard to the work performed by it during the Agreement, shall not discriminate on the grounds ofsex, race, color, or national origin in the selection and retention ofsubcontractors, including procurement ofmaterials and leases ofequipment The Party shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR Sec. 21.5. Solicitations for Subcontracts, Including Procurement ofMaterials and Equipment: In all solicitations, whether by competitive bidding or negotiation by the Party for work to be performed under a subcontract, including procurement of materials or leases ofequipment, any potential subcontractor or supplier shall be notified by the Party ofthe Party's obligations under this Agreement and the Regulations relative to nondiscrimination. Information and Reports: The Party will provide all reports and information required by the Regulations, or directives issued pursuant thereto, and permit access to its books, records, accounts, other sources of information and its facilities as may be detennined by State or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with Regulations or directives. Where any information required ofthe Party is in the exclusive possession ofanother who fails or refuses to furnish this information, the Party shall so certify to the Department or the FHWA as requested, setting forth what efforts it has made to obtain the information. Sanctions for Noncompliance: In the event ofthe Party's noncompliance with the nondiscrimination provisions ofthis Agreement, State may impose sanctions as it or the FHWA detennines appropriate, including, but not limited to, , Withholding payments to the Party under the Agreement until the Party compiies, andior Cancellation, tennination or suspension of the Agreement, in whole or in part. Incorporation of Provisions: The Party will include the provisions of paragraphs through in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Party will take such action with respect to any subcontract or procurement as the State or the FHWA may direct to enforce such provisions including sanctions for noncompliance: Provided, however, that in the event the Party is sued or is threatened with litigation by a subcontractor or supplier as a result ofsuch direction, the Party may ---PAGE BREAK--- request the State to enter into the litigation to protect the interests ofthe State, and, in addition, the Party or the State may request the United States to enter into such litigation to protect the interests ofthe United States. B) COMPLIANCE WITH THE MONTANA GOVERNMENTAL CODE OF FAIR PRACTICES, SEC. 49-3-207, MCA In accordance with Section 49-3-207, MCA, the Party agrees that for this Agreement all hiring will be made on the basis ofmerit and qualifications and that there will be no discrimination on the basis ofrace, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the persons performing the Agreement. C) COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT (ADA) The Party will comply with all regulations relative to implementation ofthe AMERICANS WITH DISABILITIES ACT. The Party will incorporate or communicate the intent of the following statement in all publications, announcements, video recordings, course offerings or other program outputs: uThe Party will provide reasonable accommodations for any known disability that may interfere with a person in participating in any service, program or activity offered by the Party. In the case of documents, recordings or verbal presentations, alternative accessible formats will be provided. For further information caU the Party." All video recordings produced and created under contract and/or agreement will be closed- captioned. D) COMPLIANCE WITH PARTICIPATION BY DISADVANTAGED BUSINESS ENTERPRISES IN DEPARTMENT OF TRANSPORTATION. FINANCIAL ASSISTANCE PROGRAMS, 49 CFR PART 26 Each Agreement the Department signs with a Party (and each subcontract the prime contractor signs with a . subcontractor) must include the following assurance: The Party, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Party shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the Party to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate