Full Text
PARTIES COOPERATIVE AGREEMENT FY2009 STATEWIDE RIDESHARE PROJECT CITY OF MOSCOW STP-0003(209) KEY NO. 09582 This AGREEMENT is made and entered into this 1st day of November 2009, by and between the IDAHO TRANSPORTATION DEPARTMENT, hereafter called the STATE, and the CITY OF MOSCOW hereafter called CITY. PURPOSE CITY has requested the STATE to program Federal-Aid Project No. STP-0003(209) which is the Fiscal Year 2009 Statewide vanpool and ridesharing project. Since certain functions under this Agreement are to be performed by the STATE involving the expenditure of funds, and since the STATE can only pay for work associated with the State Highway System, CITY is fully responsible for all costs not covered under this Agreement. Authority for this agreement is established by Section 40-317 of the Idaho Code. The Parties agree as follows: SECTION I. That the STATE will: 1. Provide the following incidental services: Make necessary submittals to the Federal Transit Administration, and Federal Highway Administration (FHWA) under the provisions of the Federal Office of Management and Budget Circular A-95; process the appropriate environmental document; advertise for and moderate any required formal public hearings; transmit requests for Federal-aid reimbursement to FHWA; and reimburse the CITY upon receipt of reimbursement by FHWA. 2. Program the project and execute agreements with FHWA covering the Federal Government's pro-rata share of eligible costs, up to a maximum of $25,950 for the purchase of one vehicle for van pool service. 3. Review CITY's budget and plan for handling the use of vanpool program income as provided for in Section II, Paragraph 7. 4. Furnish to CITY copies of all data, maps, and other information applicable to the project and available to the STATE. 5. Reimburse CITY for authorized expenses as outlined in the scope of work and related budget as well as any subsequent scope of work or budget adjustments agreed to in writing by both parties prior to the adjustments taking effect. FY 2009 Statc11"ide Ridcshare Agrcemelll Key No. 09582 ---PAGE BREAK--- 6. Upon completion of the project, after all costs have been accumulated and the final voucher paid by FHWA, provide a statement to CITY summarizing the estimated and actual costs. 7. In no way guarantee that the Federal funds herein sought are available or will be made available. If federal funds are not available, this agreement shall thereafter become void. SECTION II. CITY will: 1. Comply with all applicable Federal regulations, including the Common Rule, Uniform Administrative Requirements for Grants and Cooperative Agreements (49 CFR Part 18.25), as well as Public Hearing requirements. 2. The CITY shall observe and carry out the following special conditions and terms with respect to Capital Projects and services obtained pursuant to this Funding Agreement. 3. Develop all materials and perform all necessary Tasks listed in Appendix A to create and maintain a public vanpool service meeting standards acceptable to the STATE. 4. If required, evaluate the impact the project might have on the quality of the human environment, and prepare and furnish to the STATE, as appropriate, a "categorical exclusion", or an "environmental assessment" for use by the STATE as required by the National Environmental Policy Act. 5. At all required public hearings furnish all necessary exhibits and provide for a representative to describe the project, discuss the economic, sociological, and environmental effect of the project, and answer all questions concerning the project. 6. Maintain complete records of all labor, materials, and out-of-pocket expenses, and accomplish all record keeping in accordance with the following procedures. 7. Per Section 1.3, provide the STATE for review and approval, a plan for handling (tracking and expending) the use of any program income (fares, fees, sale of vans, advertising income, etc.) to ensure compliance with federal regulations. 8. Labor - Furnish to the STATE upon request, certified payrolls, which shall include the hourly rate plus a loaded-rate factor for each employee working on this project during the reporting period. The loaded-rate factor is subject to adjustment based upon audits occurring during the life of this Agreement. A new certified payroll will be submitted when hourly rates change and when there are additions to the payroll. a. Individual time sheets will be maintained reflecting the total hours spent on each approved task within the project, clearly separating these tasks from other CITY sanctioned tasks. It is imperative that the hours be traceable to the approved tasks. 2 FY 2009 Statewide Rideslwre Agreemellf Kl!y No. 09582 ---PAGE BREAK--- b. Material - Costs of new materials utilized on this project shall be supported by copies of invoices. The record system will be such that all costs can be traceable from all billings through the ledgers and the source document. c. Out-of-pocket expenses- All expenses shall be supported by copies of receipts. d. Maintain a current and up-to-date listing of all vans including: • Number of Vans operating from Latah County • Mileage • Maintenance • Latah County Ridership • Associated costs (expenses and income) • Description of the routes. e. Include in each quarterly report a narrative describing activities accomplished in the counties served during the quarter relating to stated objectives (tasks). f. Material- Costs of new materials utilized on this project shall be supported by copies of invoices. g. Out-of-pocket expenses - All expenses shall be supported by copies of receipts. h. The record system will be such that all costs can be traceable from all billings through the ledgers and the source document. 9. If any part of the approved project is to be subcontracted, CITY agrees to the following: a. Subcontract Inclusions i. Include all applicable provisions of this Agreement in all subcontracts entered into pursuant to this Agreement. In addition, the following provision shall be included in any advertisement or invitation to bid by CITY under this Agreement: "Statement of Financial Assistance: This contract is subject to a financial assistance contract between the STATE and FHWA." b. Subcontracting Requirements i. All Contracts, Subcontracts, or Agreements with other private, local, state, or federal agencies will be disclosed to the STATE by CITY. The nature of the contract, subcontract or agreement and its impact on CITY's ability to provide service will be fully disclosed. FHWA federal funds will not be used to subsidize costs incurred as a result of CITY entering into a Contract, Subcontract, or Agreement with other private, local, state, or federal agencies. CITY will submit any proposal to subcontract any portion of the project to the STATE for its review and comment prior to entering into said subcontract and provide a copy of the signed subcontract to the STATE for the project file. 3 FY 2009 Statetride Agrcemelll Kl:l' No. 09582 ---PAGE BREAK--- SECTION Ill. SCOPE OF WORK 1. GOAL To create a public vanpool program for general public of the City of Moscow, and to surrounding areas as feasible, as an alternative transportation option in Latah County thereby reducing traffic congestion, which will produce positive environmental effects and other benefits. 2. OBJECTIVES To promote transportation options by encourage the use of van pool by the general public, and employers and to measure and report the increase in van pool registrations and the related benefits. 3. The CITY will maintain files/database to assist those desiring to share rides and to provide a base of origin-destination trip data for bus and vanpool route studies, as well as other planning activities. SECTION IV. CAPITAL PROJECTS 1 . The CITY shall observe and carry out the following special conditions and terms with respect to Capital and services obtained pursuant to this Funding Agreement: 2. The CITY, in accordance with Office of Management and Budget (OMB) Regulations, FTA Best Practices {49 CFR PARTS 18 and 19) will use a procurement process approved by the STATE will be used to purchase capital projects. Capital shall be purchased in conformity with the approved project budget in the Scope of Work (Appendix A) and shall be appropriate for its intended use and geographic location. 3. Title to Capital Project vehicles shall be in the name of the CITY, in those cases where the CITY, with the STATE named as lien holder of First Position on the title document. All said title documents will be held in the possession of the STATE until such time as the STATE determines a project vehicle has fulfilled its defined useful life, after which the STATE will relinquish its interest in the vehicle to the CITY. 4. The CITY agrees that the Capital shall be used for the provision of transportation services within the area described and set forth in the Scope of Work (Appendix for the duration of its useful life. It is agreed that if, during such period, any Capital not used in the aforementioned manner, or is withdrawn from transportation service, the CITY shall within 30 days, notify the STATE to determine the disposal or transfer of the Capital items to another transportation system that could put it into service. After the equipment has reached its useful life, the CITY shall dispose of such Project equipment in accordance with disposition instructions issued by the STATE. 5. The CITY shall keep, maintain, and make available satisfactory records with regard to use of property and submit to the STATE upon request, such information as is required in order to assure compliance with this Section. The CITY shall immediately notify the 4 FY 2009 Stull!ll'ide Rideshcm.' Agrl!t'lllr!lll Key No. 09582 ---PAGE BREAK--- STATE in all cases where the Project equipment is used in a manner substantially different than that described in the Project description in the CITY's application. 6. The CITY agrees that before operation of any of the equipment used in the provision of services under this Funding Agreement is commenced, the CITY will furnish a public liability insurance policy to the STATE; and at all times during the progress of, and until final completion of this project, shall keep and maintain, or cause its subcontractors to keep and maintain such policy in full force and effect. Said liability insurance shall provide for a maximum limit as required in Title 49 Code of Federal Regulations (CFR) Part 387. 7. The policy (together with the certificate) shall name the STATE as an additional named insured. Public liability insurance for all damage arising out of personal injury to or destruction of property in any one occurrence on any revenue vehicle not covered by 49 CFR Part 387 shall provide not less than $500,000. 8. For the duration of the useful life of vehicles paid for with FHWA or FTA funds, the STATE shall be named as an additional named insured for the public liability portion of the policy and as "loss payee" of the property damage portion of the policy. 9. The CITY shall furnish a certificate of insurance complying with the provisions of this Funding Agreement and the certificate shall provide that the STATE shall be notified in writing by the insurer 30 days in advance of its intent to cancel the policy. The CITY shall ensure to the STATE that adequate protections to the equipment from destruction or damage per Section 19 of the FT A Master Agreement throughout the period of use. 10. The CITY agrees to abide by and conform to any applicable standards and requirements set forth by the Federal Motor Carrier Safety Administration (FMCSA) and the Idaho Department of Law Enforcement's Motor Carrier Safety Assistance Program (MCSAP). 11. The CITY shall submit annually, or sooner, as requested to STATE a certificate that the Capital Project is being used in accordance with the terms of this section and that no part of the local contribution to the cost of the Project has been refunded or reduced. During the period of contract performance, the CITY shall maintain the Project equipment and facilities at a high level of cleanliness, safety, and mechanical soundness. The STATE may conduct periodic inspections for the purpose of confirming proper maintenance pursuant to this section at any time. Records relating to vehicle maintenance and operations shall be maintained, and made available to the STATE and FHWA upon request. 12. The CITY ensures that the Project vehicles used in the provision of services under this Funding Agreement will be maintained in accordance with written maintenance policies with detailed maintenance and inspection schedules as provided by the manufacturer. The STATE reserves the right to take possession of any vehicle(s) for which the STATE still has a lien interest in, that are not maintained in accordance with this Funding Agreement. 5 FY 200SI Stote11·idc RideshaN! Agn'£'111t'lll Key No. 09581 ---PAGE BREAK--- 13. The CITY ensures that all motor vehicle operators have, at a minimum, a valid and appropriate class driver's license for the vanpool vehicles they operate. Motor vehicle operators should also successfully complete driver training, passenger assistance safety and sensitivity (PASS) training courses within a reasonable period but not more than twelve months from the date of hire. The CITY shall maintain a driver's file that documents qualifications and training, and shall make such records available to the STATE and to FHWA upon request. 14. The CITY ensures that changes in contracts and agreements for ownership, operation, and leasing of Project equipment and for service will not occur without prior written approval of the STATE. 15. The CITY ensures that a written security program and emergency management plans are established in preparation against attacks; to respond rapidly and effectively to natural and human-caused threats and disasters; to appropriately support the needs of emergency management and public safety agencies; and service can be quickly and efficiently restored to full capability. 16. Procurement Requirements: All services and Capital purchases financed in whole, or in part, pursuant to this Funding Agreement shall be undertaken in accordance with the following standards: 17. Purchases and acquisitions costing $3,000 or less may be made without prior approval from the STATE and without obtaining competitive quotations. 18. Purchases and acquisitions over $3,000 and up to $75,000 must be procured through a system that generates three written bids. The STATE must approve the bids prior to the purchase or acquisition. 19.AII procurement costing $75,000 or more must be procured through a competitive sealed bid process. Awards will be made on the basis of lowest cost, according to Idaho State Code. 20. Pre-Award and Post-Delivery certifications must be successfully completed and documented. Buy America requirements will be adhered to. Documentation must be made available upon request and maintained in accordance with records retention. Refer to the Department of Public Transportation Procurement Procedures or contact your Grants Officer for more information. SECTION V. GENERAL 1. The STATE and CITY agree to begin their performance under this Agreement on October 1, 2009, and to pursue the work until all tasks are complete or until terminated by mutual consent and the vehicles purchased with Federal funds assigned to the project have reached the end of their useful lives and the federal interest released. 6 FJ' 2009 Swtell'ide Ridt•slwre Agn•t•ment Key No. 09582 ---PAGE BREAK--- 2. The parties will comply with Appendix B, Title 49 CFR Part 21, attached hereto and made a part hereof. 3. Federal participation in the costs of the project will be governed by the applicable section of Title 23, US Code (Highways) and rules and regulations prescribed or promulgated by the Federal Highway Administrator. CITY shall be responsible for all costs incurred which is non·federal participation. 4. Each party will retain its records of the project for a period of three years after FHWA payment of the final voucher. 5. Should litigation result from, or as a consequence of, the performance of this Agreement, the parties agree to try all suits in Ada County. 6. Procurement and management of property acquired for the project, including the disposition of property if the project is discontinued, will be in accordance with the Office Management and Budget Circular A-102. 7. In order to comply with the Americans with Disabilities Act (49 CFR 37.31 a public vanpool system is that it purchase or lease an accessible vehicle unless it can demonstrate that it provides equivalent service to individuals with disabilities, including individuals who use wheelchairs, as it provides to individuals without disabilities. For a public vanpool system, the equivalency requirement would be met if an accessible vehicle is made available to and used by a vanpool when an individual with a disability needs such a vehicle to participate. Public vanpool systems may meet this requirement through obtaining a percentage of accessible vehicles that is reasonable in light of demand for them by participants, but this is not required, so long as the entity can respond to requests for participation in a van pool with the provision of an accessible van when needed. 8. Illegal Aliens CITY warrants that any contract resulting from this Solicitation is subject to Executive Order 2006-40 (http://gov.idaho.gov/mediacenter/execordes/eo06/3eo_2006-40.html); it does not knowingly hire or engage any illegal aliens or persons not authorized to work in the United States; it takes steps to verify that it does not hire or engage any illegal aliens or persons not authorized to work in the United States; and that any misrepresentation in this regard or any employment of persons not authorized to work in the United States constitutes a material breach and shall be cause for termination of its contract. SECTION VI. Performance Management The CITY understands and agrees that an effective Performance Management System is imperative to meet system goals, effect change, and improve the quality and capacity of public transportation services. An appropriately constructed Performance Management system will generate transparency, reflect the intent of the program, and will clarify accountability. 7 Fr 2009 S!olt'll'ide Ridt•slwre Agreemerrl 1\ey No. 09582 ---PAGE BREAK--- The CITY agrees to: 1. Develop and implement specific project performance metrics that demonstrate compliance with this program and the specific strategies supported by this project as outlined in the affected Local Mobility Management Network (LMMN) Plan(s). 2. Provide all requested underlying data and performance metrics to the Idaho Transportation Department's Division of Public Transportation on a basis in electronic form through the term of this agreement, until capital property has been released per this agreement, and/or until all services funded through this agreement have ceased. 3. Include within all performance reporting: Baseline Data, Performance Metrics, Identification of Issues, and Strategy to Correct Performance Issues or Release Property. 4. Actively participate in the development, implementation, and support of a statewide performance management system. 5. Establish consensus with the affected Local Mobility Management Network(s), affected District Coordination Council (DCC), Public Transportation Advisory Council (PTAC), Interagency Working Group (IWG), and the Division of Public Transportation in establishing appropriate performance benchmarks. 6. Respond to any requests for additional information from groups identified in the previous item. Fl' 2009 Swtelt·idl! Ridt•sfran· Agrl!l!lllt'lll Kt:r No. 09582 ---PAGE BREAK--- SECTION VII. EXECUTION This Agreement is executed for the STATE by its Assistant Chief Engineer (Development), and executed for CITY by its Mayor. IDAHO TRANSPORTATION DEPARTMENT APPROVED BY: G G% - Steve Parry APPROVED: Assistant Chief Engineer (Development) Loren Thomas RECOMMENDED: / _ Public Transportation Administrator Randy Kyrias ATTEST: CITY OF MOSCOW 9 I -2-01 U DATE DATE' 1 2-l<.-Lv ,2009 DATE 0- - ' 2009 DATE v 2009 StaiC'H 'i1h• R Agn•c•mc'lll Kt:l' 09582 ---PAGE BREAK--- APPENDIX A SCOPE OF WORK Tasks, Milestones and Delivery Dates Tasks and Deliverables Demonstrate Compliance with Assurances per Appendix 8 - Title VI (Attachments 1 and 2) RFB/Quotes to Purchase Vehicle(s) for Vanpool (requires PT Approval) Vehicle One Delivered Submit Vehicle Purchasing Documentation to PT Financial Management Plan Submitted to PT: -Description of Cash Controls Develop: Vanpool Travel Guide: -Riders Rights and Responsibilities -Notice of delays, changes Drivers manual: -Conduct, Safety: Seatbelt Policy, cell phones, Maintenance, Drug Testing (optional), etc. -Accidents / Incident Reporting Hire I Select Volunteer Drivers (regular and backup) -Driver history checks Train Drivers Vehicle Maintenance Program Backup Vehicle(s) identified Market Vanpool to Employees -Guaranteed Ride Home Program -Employee Tax Benefits Fee(s) Vanpool Services Begin Develop a Performance Management Plan: PT Operations & Performance Reports Annual Report of Accomplishments to PT I FHWA -Customer Satisfaction Survey -Vehicle Miles Saved -Estimate Carbon Emissions Saved Budget $25,950 ro Anticipated Actual Start Date Completion End Date Date FY 2009 Statf!ll'id£' Rides/rare Axreemf!llf Ke,· No. 09582 ---PAGE BREAK--- APPENDIX B Non-Discrimination Agreement for Local Public Agencies Title VI Program Organization and Staffing Pursuant to 23 CFR 200, CITY has designated a Title VI Coordinator who is responsible for monitoring practices, procedures, policies, and documents for compliance with Title VI. This individual is the designated liaison for Title VI program. activities and for coordinating compliance monitoring with the Idaho Transportation Department Equal Employment Opportunity Office. Assurances 49 CFR Part 21.7 The CITY hereby gives assurances: 1. That no person shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity conducted by the CITY regardless of whether those programs and activities are Federally funded or not. The Federal-aid Highway Transportation Act of 1973 added sex to the list of prohibitive factors. Disability was added through Section 504 of the Rehabilitation Act of 1973. Age was subsequently added in 1975 under the Age Discrimination Act. Minority populations and low-income populations were added by Presidential Executive Order 12898. Limited English proficient persons was added by Presidential Executive Order 13166. Activities and programs which the CITY hereby agrees to carry out in compliance with Title VI and these related statutes include, but are not limited to: • List all major Transportation programs and activities of the CITY and Title VI responsibilities for each one of them (label Attachment 2. That it will take any measures necessary to effectuate this agreement. 3. That each Transportation program, activity, and facility (i.e. lands change to roadways, park and ride lots etc.) as defined at 49 CFR 21.23(b) and and the Civil Rights Restoration Act of 1987 will be (with regard to a program or activity) conducted, or will be (with regard to a facility) operated in compliance with the nondiscriminatory requirements imposed by, or pursuant to, this agreement. 4. That these assurances are given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts or other Federal financial assistance extended after the date hereof to the CITY by the Idaho Transportation Department (ITO) under the Federally-Funded Program and is binding on it, other recipients, subgrantees, contractors, sub-contractors, transferees, successors in interest and other participants. The person or persons whose signatures appear below are authorized to sign these assurances on behalf of the CITY. 5. That the CITY shall insert the following notification in all solicitations for bids for work or material subject to the Regulations and made in connection with all Federally-Funded programs and, in adapted form all proposals for negotiated agreements: The CITY, in II 2009 Statl'll'idc Rich•sfrart• Agre,•ml!lll K,•y No. 09582 ---PAGE BREAK--- accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S. C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 23 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, or sex in consideration for an award. 6. That the CITY shall insert the clauses of Attachment 1 of this Agreement in every contract subject to the Act and the Regulations. 7. That the CITY shall insert the clauses of Attachment 2 of this Agreement, as a covenant running with the land, in any deed from the United States effecting a transfer of real property, structures, or improvements thereon, or interest therein. 8. The CITY agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, the Regulations, and this agreement. Implementation Procedures This agreement shall serve as the CITY's Title VI plan pursuant to 23 CFR 200 and 49 CFR 21. For the purpose of this agreement, "Federal Assistance" shall include: 1. grants and loans of Federal funds, 2. the grant or donation of Federal property and interest in property, 3. the detail of Federal personnel, 4. the sale and lease of, and the permission to use (on other than a casual or transient basis), Federal property or any interest in such property without consideration or at a nominal consideration, or at a consideration which is reduced for the purpose of assisting the CITY, or in recognition of the public interest to be served by such sale or lease to the CITY, and 5. Any Federal agreement, arrangement, or other contract which has as one of its purposes, the provision of assistance. The CITY shall: 1. Issue a policy statement, signed by the CITY's authorized representative, which expresses CITY's commitment to the nondiscrimination provisions of Title VI. The policy statement shall be circulated throughout the CITY's organization and to the general public. Such information shall be published where appropriate in languages other than English. 2. Take affirmative action to correct any deficiencies found by ITO or the United States Department of Transportation (US DOT) within a reasonable·time period, not to exceed 12 Fr 2009 Stat«:ll"ide Ridf!slwn• Key Nu. 09582 ---PAGE BREAK--- 90 days, in order to implement Title VI compliance in accordance with this agreement. The CITY's authorized representative shall be held responsible for implementing Title VI requirements. 3. Designate a Title VI Coordinator who has a responsible position in the organization and easy access to the CITY's authorized representative. The Title VI Coordinator shall be responsible for initiating and monitoring Title VI activities and preparing required reports. 4. The Title VI Coordinator shall adequately implement the civil rights requirements. 5. Process complaints of discrimination consistent with the provisions contained in this agreement. Investigations shall be conducted by civil rights personnel trained in discrimination complaint investigation. Identify each complainant by race, color, national origin or sex, the nature of the complaint, the date the complaint was filed, the date the investigation was completed, the disposition, the date of the disposition, and other pertinent information. A copy of the complaint, together with a copy of the CITY's report of investigation, will be forwarded to lTD's EEO Office- External Programs within 10 days of the date the complaint was received by the CITY. 6. Collect statistical data (race, color, national origin, sex) of participants in, and beneficiaries of the Transportation programs and activities conducted by the CITY. 7. Conduct Title VI reviews of the CITY and sub-recipient contractor/consultant program areas and activities. Revise where applicable, policies, procedures and directives to include Title VI requirements. 8. Attend training programs on Title VI and related statutes conducted by lTD's EEO Office. 9. Prepare a yearly report of Title VI accomplishments for the last year and goals for the next year. This report is due one year from the date of approval of the Non Discrimination Agreement and then annually on the same date. a) Annual Work Plan Outline Title VI monitoring and review activities planned for the coming year; state by which each activity will be accomplished and target date for completion. b) Accomplishment Report List major accomplishments made regarding Title VI activities. Include instances where Title VI issues were identified and discrimination was prevented. Indicate activities and efforts the Title VI Coordinator and program area personnel have undertaken in monitoring Title VI. Include a description of the scope and conclusions of any special reviews (internal or external) conducted by the Title VI Coordinator. List any major problem(s) identified and corrective action taken. Include a summary and status report on any Title VI complaints filed with the CITY. 13 lOOY Sta/('lridl! Ridi!sharc A