Document Moscow_doc_6a5810af15

COOPERATIVE AGREEMENT FY2010 STATEWIDE RIDESHARE PROJECT CITY OF MOSCOW A011(248) KEY NO. 11248 PARTIES 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. A011(248) which is the Fiscal Year 2010 Statewide van pool 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 $5,250 for the partial purchase of one vehicle for vanpool 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. Fl' 20 I 0 Staft•nith• Rid,•.llwre Agn•,•m,•nt Key No. 11248 ---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. FJ' 20/0 Statell'ide Rideslum• Agrc•,•menl Kc¬\' No. 11248 ---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 FHW 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 2(}/0 Agrer!mt'tlt Kq .Vo. I I :!48 ---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 area employers, and to measure and report the increase in vanpool 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 van pool 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 A) 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 Fl' 20/IJ Rides/urrr! Agn.>t'llll'lll Key 1\o. I 12411 ---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 FT A 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 FTA 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 FJ' 2010 Statcllidt• RidC'slwn• Agn'''IIU:III Key No. 11248 ---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 Fl' 10 Ride.]lwrc Agi'N'IIIt'll/ Kl!y Nil. II 148 ---PAGE BREAK--- 2. The parties will comply with Appendix 8, 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-1 02. 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 vanpool 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 2010 Srateu'idl! Ric/1!.1-/wre Agr''''llll'trl Key No. 11248 ---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. FY 20 Slatr!ll'ide Rrdeslwre Agr''I!IIIL'III Key 1\'o. 11248 ---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:
Steve Parry APPROVED: Assistant Chief Engineer (Development) Loren Thomas RECOMMENDED: Public Transportation Administrator Randy Kyrias ATTEST: CITY OF MOSCOW 9 '2 -  DATE DATE' '2009 2009 DATE '2009 DATE Fl' Slti/Clridc Rides/urn.> Agrl'f!lll£'111 K£:1' I 1248 ---PAGE BREAK--- APPENDIX A SCOPE OF WORK Tasks, Milestones and Delivery Dates Tasks and Deliverables Demonstrate Compliance with Assurances per Appendix B- Title VI (Attachments 1 and 2) RFB/ Quotes to Purchase Vehicle(s) for Van pool (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 $5,250 Anticipated Actual Start Date Completion End Date Date 20/0 Sraremd,· Rid!•.1ium· Agn!cmt'JII Kt:1· No. I 1248 ---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 (lTD) 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 11 Fl" 2010 S/cih'll"id,• Rides/ran· .4gn'''"'''l11 Key I I :!48 ---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 (USDOT) within a reasonable time period, not to exceed 12 Fr 2010 Statl!lrid.' Rideshar/· A«n·eme/11 Ker No. 11248 ---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 ITO'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. Fl' 2010 Slate!\\ ide Ride.1lwre Kt:l' ,'vo. II 248 ---PAGE BREAK--- Discrimination Complaint Procedure Any person who believes that he or she, individually, as a member of any specific class, or in connection with any disadvantaged business enterprise, has been subjected to discrimination prohibited by Title VI of the Civil Rights Act of 1964, the American with Disabilities Act of 1990, Section 504 of the Vocational Rehabilitation Act of 1973 and the Civil Rights Restoration Act of 1987, as amended, may file a complaint with the CITY. A complaint may also be filed by a representative on behalf of such a person. All complaints will be referred to the CITY's Title VI Coordinator for review and action. In order to have the complaint consideration under this procedure, the complainant must file the complaint no later than 180 days after: a) The date of alleged act of discrimination; or b) Where there has been a continuing course of conduct, the date on which that conduct was discontinued. In either case, the CITY or his/her designee may extend the time for filing or waive the time limit in the interest of justice, specifying in writing the reason for so doing. Complaints shall be in writing and shall be signed by the complainant and/or the complainant's representative. Complaints shall set forth as fully as possible the facts and circumstances surrounding the claimed discrimination. In the event that a person makes a verbal complaint of discrimination to an officer or employee of the CITY, the person shall be interviewed by the Title VI Coordinator. If necessary, the Title VI Coordinator will assist the person in reducing the complaint to writing and submit the written version of the complaint to the person for signature. The complaint shall then be handled according to the CITY's investigative procedures. Within 10 days, the Title VI Coordinator will acknowledge receipt of the allegation, inform the complainant of action taken or proposed action to process the allegation, and advise the complainant of other avenues of redress available, such as lTD and USDOT. The CITY will advise lTD within 10 days of receipt of the allegations. Generally, the following information will be included in every notification to lTD: a) Name, address, and phone number of the complainant. b) Name{s) and address(es) of alleged discriminating official(s). c) Basis of complaint race, color, national origin or sex) d) Date of alleged discriminatory act(s). e) Date of complaint received by the CITY. f) A statement of the complaint. 14 Fr /U Stalr!H'ith• R idt•.l'lrare :lgn•cmenr Kt:r .Vo 112411 ---PAGE BREAK--- g) Other agencies (state, local or Federal) where the complaint has been filed. h) An explanation of the actions the CITY has taken or proposed to resolve the issue raised in the complaint. Within 60 days, the Title VI Coordinator will conduct an investigation of the allegation and based on the information obtained, will render a recommendation for action in a report of findings to the CITY's authorized representative. The complaint should be resolved by informal means whenever possible. Such informal attempts and their results will be summarized in the report of findings. Within 90 days of receipt of the complaint, the CITY's authorized representative will notify the complainant in writing of the final decision reached, including the proposed disposition of the matter. The notification will advise the complainant of his/her appeal rights with ITO, or USDOT, if they are dissatisfied with the final decision rendered by the CITY. The Title VI Coordinator will also provide ITO with a copy of this decision and summary of findings upon completion of the investigation. Contacts for the different Title VI administrative jurisdictions are as follows: Idaho Transportation Department Equal Employment Opportunity Office- External Programs Karen Sparkman, EEO Manager PO Box 7149 Boise, ID 83707-1129 [PHONE REDACTED] Federal Highway Administration Idaho Division Office 3050 Lakeharbor Lane, Suite 126 Boise, ID 83703 [PHONE REDACTED] Sanctions In the event the CITY fails or refuses to comply with the terms of this agreement, the ITO may take any or all of the following actions: 1. Cancel, terminate, or suspend this agreement in whole or in part; 2. Refrain from extending any further assistance to the CITY under the program from which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the CITY. 3. Take such other action that may be deemed appropriate under the circumstances, until compliance or remedial action has been accomplished by the CITY; 4. Refer the case to the Department of Justice for appropriate legal proceedings. I 5 FY 20/0 SU!It'H'ide Agrt'('lllt!lll Kt%l' .Vo. 11248 ---PAGE BREAK--- Distribution: EEO Office 16 Fr 20 I 0 Slaten ich• Ridc.1lwrc .{*rn·mt!lll KqNo. 1/248 ---PAGE BREAK--- Attachment 1 This Attachment is to be inserted in every contract subject to Title VI of the Civil Rights Act of 1964 and associated Regulations. During the performance of this contract, the contractor/consultant, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations The contractor shall comply with the Regulations relative to non-discrimination in federally assisted programs of United States Department of Transportation (USDOT), Title 49, Code of Federal Regulations, part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Non-discrimination The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub-contractors, including procurement of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Sub-contracts, Including Procurement of Materials and Equipment In all solicitations either by competitive bidding or negotiations made by the contractor for work to be performed under a sub-contract, including procurement of materials or leases of equipment, each potential sub-contractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to non­ discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the contracting agency or the appropriate federal agency to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to ITO or the USDOT as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non-compliance In the event of the contractor's non-compliance with the non-discrimination provisions of this contract, the contracting agency shall impose such contract sanctions as it or the USDOT may determine to be appropriate, including, but not limited to: • Withholding of payments to the contractor under the contract until the contractor complies, and/or; • Cancellation, termination, or suspension of the contract, in whole or in part Incorporation of Provisions 17 :!010 Stalelridt• Rrd,•,,/rarc Key 11248 ---PAGE BREAK--- The contractor shall include the provrs1ons of paragraphs through in every sub­ contract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any sub-contractor or procurement as the contracting agency or USDOT may direct as a means of enforcing such provisions including sanctions for non­ compliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a sub-contractor or supplier as a result of such direction, the contractor may request ITO enter into such litigation to protect the interests of the state and, in addition, the contractor may request the USDOT enter into such litigation to protect the interests of the United States. Iª Fl' 20/0 Swtcu·idc Agrcemt'll/ K<:r No. I 1248 ---PAGE BREAK--- Attachment 2 The following clauses shall be included in any and all deeds affecting or recording the transfer of real property, structures or improvements thereon, or interest therein from the United States. GRANTING CLAUSE NOW THEREFORE, Department of Transportation, as authorized by law, and upon the condition that the State of Idaho will accept title to the lands and maintain the project constructed thereon, in accordance with Title 23, United States Code, the Regulations for the Administration of Federal Aid for Highways and the policies and procedures prescribed by the United States Department of Transportation and, also in accordance with and in compliance with all requirements imposed by or pursuant to 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 lTD (hereinafter referred to as the Regulations) pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1064 (78 Stat. 252: 42 USC 2000d to 2000d- 4) does hereby remise, release, quitclaim, and convey unto the State of Idaho all the right, title, and interest of the Department of Transportation in and to said land described in Exhibit A attached hereto and made a part thereof. HABENDUM CLAUSE TO HAVE AND TO HOLD said lands and interests therein unto the State of Idaho, and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which the federal financial assistance is extended or for another purpose involving the provisions of similar services or benefits and shall be binding on the State of Idaho, its successors, and assigns. The State of Idaho, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that no person shall on the grounds of race, color, sex or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subject to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed that the State of Idaho, shall use the lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, part 21, Non-discrimination of federally assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended(.) and that in the event of breach of any of the above mentioned non-discrimination conditions, the department shall have a right to reenter said lands and facilities on said land, and the above described land and facilities shall thereon revert to and vest in and become ---PAGE BREAK--- the absolute property of the Department of Transportation and its assigns as such interest existed prior to this instruction .1 RESOLUTION WHEREAS, the Idaho Transportation Department, hereafter called the STATE, has submitted an Agreement stating obligations of the STATE and the CITY OF MOSCOW, hereafter called CITY, for development of a Vanpool Project; and WHEREAS, the STATE is responsible for obtaining compliance with laws, standards and procedural policies in the development, construction and maintenance of improvements made to the Federal-aid Highway System when there is federal participation in the costs; and WHEREAS, certain functions to be performed by the STATE involve the expenditure of funds as set forth in the Agreement; and WHEREAS, The STATE can only pay for work associated with the State Highway system; and WHEREAS, the CITY is fully responsible for its share of project costs; and NOW, THEREFORE, BE IT RESOLVED: 1. That the Agreement for the Statewide Rideshare Project is hereby approved. 2. That the MAYOR is hereby authorized to execute the Agreement on behalf of the CITY OF MOSCOW. 3. That duly certified copies of the Resolution shall be furnished to the Idaho Transportation Department. CERTIFICATION J hereby certify that the above is a true copy of a Resolution PASSED and APPROVED by the City Council of the City of Moscow, Idaho held on ])e./PV/l b£1" /Y 1 , 2009 . MAY-8 c, t··J C  • . tEe -AIIA.att;l) 14:::.5oz.vna,J Printed name: ::S+eeb VI I e. I K-alas Z- 1 Reverter Clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purpose of Title VI of the Civil Rights Act of 1964. ---PAGE BREAK--- RESOLUTION NO. 2009-25 A RESOLUTION OF THE CITY OF MOSCOW, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, AGREEING TO SUPPORT A FEDERAL AID STATEWIDE V ANPOOL AND RIDESHARING PROJECT 201 0; PROVIDING THAT THIS RESOLUTION TO BE EFFECTIVE UPON ITS PASSAGE AND APPROVAL. WHEREAS, the Idaho Transportation Department, hereafter called the STATE, has submitted an Agreement stating obligations of the STATE and the CITY OF MOSCOW, hereafter calJed the CITY, for development of a Vanpool Project; and WHEREAS, the STATE is responsible for obtaining compliance with laws, standards and procedural policies in the development, construction and maintenance of improvements made to the Federal-aid Highway System when there is federal participation in the costs; and WHEREAS, certain functions to be performed by the STATE involve the expenditure of funds as set forth in the Agreement; and WHEREAS, the STATE can only pay for work associated with the State Highway system; and WHEREAS, the CITY is fully responsible for its share of2010 project costs; and NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Moscow, Idaho as follows: I . That the Agreement for the Statewide Rideshare Project is hereby approved. 2. That the MAYOR is hereby authorized to execute the Agreement on behalf of the CITY. 3. That duly certified copies of the Resolution shall be furnished to the Idaho Transportation Department. PASSED AND APPROVED by the City Council of the City of Moscow, Idaho, this 2 1 5' day of December, 2009. ATTEST: y' / RESOLUTION 2009-25 STATEWIDE RIDESHARE 2009/IDAHO TRANSPORTATION DEPARTMENT PAGE I OF I