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SUBRECIPIENT NUMBER: SUBRECIPIENT: City of Moscow STATE OF IDAHO Idaho Transportation Department Funding Agreement This Funding Agreement is entered into by the State of Idaho, Idaho Transportation Department, hereinafter referred to as the DEPARTMENT, and City of Moscow, hereinafter referred to as the SUBRECIPIENT. This Subgrant is anticipated to be effective as of July 10, 2009 and expire on September 30, 2012. WITNESSETH: The DEPARTMENT enters into this Funding Agreement pursuant to authority granted to it in Title 56, Chapter 10, Idaho Code. The SUBRECIPIENT agrees to undertake performance of this Funding Agreement under the terms and conditions set forth herein. The SUBRECIPIENT agrees to provide, and the DEPARTMENT agrees to accept the services detailed in the Scope of Work, Services to be Performed and generally described as follows as part of the FY09 American Recovery and Reinvestment Act (ARRA), State Transportation Improvement Program Key #11909: To purchase one van to provide vanpool service in Latah, Nez Perce and Clearwater Counties, to purchase transit shelters in the City of Moscow, to install transit shelters, provide engineering and design for ADA accessible pedestrian walkways to transit locations, and to construct those walkways. This Funding Agreement contains the following: Agreement: Standard Funding Agreement Scope of Work Cost/Billing Procedure Attachments: Services to be Performed Budget and Invoice Reporting Certifications and Assurances Contracting Affidavit DOT's Civil Rights 5311 Eligibility Checklist Appendices: Restrictive Covenant Form TOTAL AMOUNT: $401,288.00 City of Moscow. FY09 ARRA Grant. ID86X001, Funding Agreement Cover Sheet ---PAGE BREAK--- Standard Funding Agreement 1. TERMS. Alteration of the terms of this agreement may be made by a joint memorandum directing the change and signed by both the Department and the Subrecipient. 2. PERFORMANCE. The failure of the Department to require strict performance of any term or condition of this agreement or to exercise any option herein, in any one or all instances shall not be construed to be a waiver or relinquishment of any such term or condition. The same shall be and remain in full force and effect, unless there is a prior written waiver by the Department. 3. FISCAL RECORDS. The Subrecipient agrees to maintain all fiscal records, including its books, audit papers, documents, and any other evidence of accounting procedures and practices, which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Funding Agreement. These records shall be available for and subject to inspection, review or audit and copying by the Department and other personnel duly authorized by the Department or federal inspectors or auditors at all reasonable times, at either the Subrecipient's principal place of business or upon premises designated by the Department. 4. RECORDS. The Subrecipient shall maintain all records and documents relevant to this Funding Agreement for three years after notice of grant closeout. The Department, and any persons duly authorized by the Department, shall have full access to and the right to inspect, reviews, and audit any of these materials during the retention period. If an audit, litigation or other action involving records is initiated before the three year period has expired, the records must be retained until all issues arising out of such action are resolved, or until an additional three year period has passed, whichever is later. 5. MONITORING. The Subrecipient shall be monitored on a frequency to be determined by the Department and the program shall be periodically reviewed. The results of this program review may be used, with other information, to evaluate the Subrecipient's provision of services funded by this Funding Agreement. 6. INDEMNIFICATION BY THE SUBRECIPIENT. The Subrecipient shall indemnify, defend and save harmless the State of Idaho, and the Department, its officers, agents and employees, from and against all liability, claims, damages, losses, expenses, actions, and suits whatsoever, including injury or death of others or any employee of the Subrecipient caused by or arising out of the Subrecipient's performance, act, or omission of any term of this Funding Agreement. Nothing in this provision shall extend the Subrecipient's indemnification of the Department beyond the liability of the Department provided in the Idaho Tort Claims Act, Idaho Code Section 6-901 et seq., the aggregate of which is limited to $500,000 by Idaho Code Section 6-926. 7. INDEPENDENT CONTRACTOR STATUS. As an independent contractor, Subrecipient is responsible for all employee-related benefits, such as paid leaves and health insurance, and withholding and payment of F.I.C.A., F.U.T.A., and income taxes for federal and state purposes. The Department shall not be responsible for these employee-related benefits and tax items, and shall be indemnified and held harmless for any liability, cost or expense, including any interest, penalties and attorney's fees, that may be connected with the Subrecipient's failure to provide or pay such items. City of Moscow, FY09 ARRA Grant, ID86X001, Standard Funding Agreement 2 ---PAGE BREAK--- 8. CONFIDENTIALITY. It is expressly acknowledged and agreed that the Subrecipient shall observe the confidentiality of information provisions of the Idaho Code, and pertinent state and federal rules and regulations. The Department will furnish the Subrecipient with applicable statutes, rules and regulations upon receipt of written request for them. Further, the Subrecipient acknowledges that pursuant to Idaho Code Section 9-335 et seq., information or documents received from Subrecipient may be open to public inspection and copying unless exempt. 9. NONDISCRIMINATION. The Subrecipient hereby agrees to provide all services funded through or affected by this Funding Agreement without discrimination on the basis of race, color, national origin, sex, age, religion or physical/mental impairment, and to comply with all relevant state and federal laws regarding anti discrimination. 10. LOBBYING. a. Influence The Subrecipient certifies that none of the funds provided by this Funding Agreement have been paid or will be paid by or on behalf of the Subrecipient to any person for influencing or attempting to influence an officer or employee of any governmental agency, a member, officer or employee of Congress or the State Legislature in connection with the awarding, continuation, renewal, amendment, or modification of any contract, Funding Agreement, loan or cooperative agreement. b. Standard Form LLL If any funds, other than funds provided by this Funding Agreement, have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any governmental agency, a member, officer or employee of Congress or the State Legislature in connection with this Funding Agreement, the Subrecipient shall complete and submit Standard Form LLL, 'Disclosure Form to Report Lobbying', in accordance with its instructions, and a copy of Standard Form LLL to the Department. c. False Statement The Subrecipient understands that a false statement of this certification may be grounds for rejection or termination of the Funding Agreement, and that their signature upon this 'Standard Funding Agreement' is a material representation of fact upon which reliance was placed when this Funding Agreement was made or entered into. In addition, under Section 1352, Title 31 U.S. Code, a false statement shall be subject to a civil penalty of not less than $10,000.00 and not more than $100,000.00 for each such false statement. 11. SINGLE AUDIT ACT. The Subrecipient must comply with the terms of the 'Single Audit Act' of 1984. Funds provided under this Funding Agreement may be used to pay for compliance with this Act in proportion to other funding sources available to the Subrecipient. 12. TERMINATION FOR CONVENIENCE. The Department or the Subrecipient may cancel this Funding Agreement at any time without cause upon thirty (30) calendar days' written notice specifying the date of termination. The obligations and liabilities of the parties shall cease upon the date of termination, except that the obligations or liabilities incurred prior to the termination date shall be honored. Upon termination the Department and Subrecipient shall determine the amount of compensation, if any, to be paid by the Subrecipient to the Department in order to avoid any State liability to FTA or others. All disposition of equipment due to project termination shall be in accordance with instruction from the Department. City of Moscow, FY09 ARRA Grant, ID86X001, Standard Funding Agreement 3 ---PAGE BREAK--- 13. FEDERAL FUNDING. The State is a government entity and this Agreement shall in no way or manner be construed so as to bind or obligate the State of Idaho. All funding is contingent upon the availability of federal funds and continued authorization of program activities. Changes in legislation may require modification to this agreement in program and funding and any such changes may be incorporated into this agreement. It is understood that the State has the right to terminate or otherwise modify this agreement if federal funding or authority is terminated 14. FEDERAL AND STATE AUDIT EXCEPTIONS. If a federal or state audit indicates that payments to the Contractor fail to comply with applicable federal or state laws, rules or· regulations, the Contractor shall refund and pay to the Department any compensation paid to Contractor arising from such noncompliance, plus costs, including audit costs. a. Tribes If the Subrecipient is a Tribe, the Contractor and Department recognize that services performed pursuant to this Contract by the Contractor and all approved subcontractors within reservation boundaries are subject to applicable laws, ordinances and regulations of the Tribe. Nothing in this Contract should be construed as a waiver of sovereign immunity. b. Illegal Aliens Subrecipient 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. 15. LIABILITY INSURANCE Subrecipient shall have a liability insurance policy enforce all times during the term of this agreement. The policy shall provide 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 and shall name the Department 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. 16. PROCUREMENT REQUIREMENTS Subrecipient shall follow Idaho Administrate Code, Rules of the Division of Purchasing covered in IDAPA 38.05.01 for purchases over $5,000. City of Moscow, FY09 ARRA Grant, ID86X001, Standard Funding Agreement 4 ---PAGE BREAK--- WITNESS WHEREOF, the parties have executed this agreement. SUBRECIPIENT: Nhtttio'l A Y\ uh AV\es.) Name of SignaturE; Authority (printed) f Mailing Address: PP 2-D? n1 o'EzU u..J D Z>4.3 r Telephone No.: Funding Agreement Number Title: STATE OF IDAHO: Idaho Transportation Department Date Mailing Address: l \ ?dcJt@ \ Telephone No.:{)J 354-826 ( City of Moscow, FY09 ARRA Grant, ID86X001, Standard Funding Agreement 5 ---PAGE BREAK--- I. General Requirements Scope of Work A. The Subrecipient shall comply with the rules, regulations and policies as outlined by the United States Department of Transportation, Federal Transit Administration, hereinafter referred to as "FTA", under 49 U.S.C., Section 5311 of the Federal Transportation Act, as amended, including statute and funding from the American Recovery and Reinvestment Act of 2009 hereinafter referred to as "ARRA". The Subrecipient's operation shall also comply with the Office of Management and Budget Circulars A-122, A-128, and A-133. B. The Subrecipient will support the goals and objectives of the ARRA statue which includes the preservation or creation of jobs and the promotion of an economic recovery, as well as the investment in transportation, environmental protection and other infrastructure providing long-term economic benefits. These goals are applied to the Section 5311 Non-urban Area Program which are to enhance the access of people in non-urbanized areas to health care, shopping, education, employment, public services and recreation; to assist in the maintenance, development, improvement, and use of public transportation systems in rural and small non-urbanized areas; to encourage and facilitate the most efficient use of all Federal funds used to provide passenger transportation in non-urbanized areas through the coordination of programs and services; to assist the development and support of interCity bus transportation; and to provide for the development of private transportation providers in non-urbanized transportation to the maximum extent feasible. Conditions Specific to 5311 ARRA: a. The Subrecipient will comply with the sign requirements of the Section 5311 ARRA program. See http://w w.fta.dot.gov/index 9440 9482.html b. The Subrecipient acknowledges that the last ECHO drawdown date for ARRA grants is September 30, 2015. C. Changes and Modifications: a. The Subrecipient may request changes in the general scope of this Funding Agreement, but such changes shall be limited to changes that would expedite achievement of the objectives. b. If any change under this causes an increase or decrease in the cost or time required of the Subrecipient for the performance of any part of the work or services under this Funding Agreement, an equitable adjustment, to the mutual satisfaction of both parties, shall be made and the Funding Agreement modified in writing accordingly. Any claim for adjustment of cost by the Subrecipient must be made in writing, stating the justification for such claim. The adjustments proposed must be made on the budget format used for this Funding Agreement. c. The approved budget included in this Funding Agreement, or the most recent modification signed by the Subrecipient and the Department shall be the official budget. City of Moscow, FY09 ARRA Grant, ID86X001, Funding Agreement Scope of Work 6 ---PAGE BREAK--- D. The Subrecipient agrees to attempt to resolve disputes arising from this funding agreement by administrative process and negotiation in lieu of litigation. The Subrecipient shall continue to perform the Services to be Performed outlined during the dispute. E. The Department has certain requirements by FTA for reporting, monitoring and inspections. The Subrecipient understands and agrees that failure to cooperate with the Department's requests could jeopardize funding and reimbursement. II. Services to be Performed The Subrecipient shall perform all services outlined in Attachment A: 1. Capital Equipment 2. Construction 3. Capital Vehicle Ill. Reports The Subrecipient shall report as outlined in Attachment C. IV. Certifications and Assurance The Subrecipient must agree to and sign the Standard Assurances listed in Attachment D. V. Performance Management The Subrecipient 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. The Subrecipient agrees to: a. 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). b. 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. c. Include within all performance reporting: Baseline Data, Performance Metrics, Identification of Issues, and Strategy to Correct Performance Issues or Release Property. d. Actively participate in the development, implementation, and support of a statewide performance management system. e. Establish consensus with the affected Local Mobility Management Network(s), affected District Coordination Council (DCC), Public Transportation Advisory Council (PTAC), Interagency Working City of Moscow, FY09 ARRA Grant, ID86X001, Funding Agreement Scope of Work 7 ---PAGE BREAK--- Group (IWG), and the Division of Public Transportation in establishing appropriate performance benchmarks. f. Respond to any requests for additional information from groups identified in the previous item. City of Moscow, FY09 ARRA Grant, ID86X001, Funding Agreement Scope of Work 8 ---PAGE BREAK--- 15. Urbanized Area Formula Program, X 16. Clean Fuels Formula Program X 17. Elderly and Persons with Disabilities X 18. Non-urbanized Area Formula Program X 19. Job Access/Reverse Commute Program X 20. New Freedom Program X 21. Alternative Transportation in Parks and Public Lands Program X 22. Tribal Transit Program X 23. Infrastructure Finance Projects X 24. Deposits of Federal Funds to a State Infrastructure Bank Program X We Certify and Assure that City of Moscow will comply with the applicable portions of Attachment D. V) A-V'C CbAn j 1 ot2- (Print Name of Board Chair or Designated Official) (Date) City of Moscow, ARRA, FY09 U.S. DOT FTA Certifications and Assurances 21 ---PAGE BREAK--- FR Doc E8-26030[Federal Register: October 31, 2008 (Volume 73, Number 212)] [Notices] [Page 65010-65029] From the Federal Register Online via GPO Access [wais.access.gpo.gov] (DOCID:fr31oc08-137] DEPARTMENT OF TRANSPORTATION Federal Transit Administration Federal Fiscal Year 2009 Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements AGENCY: Federal Transit Administration, DOT ACTION: Notice SUMMARY: Pursuant to 49 U.S.C. 5323(n), FTA is authorized to consolidate the certifications and assurances required by Federal law or regulations for its programs into a single document. FTA is also required by 49 U.S.C. 5323(n) to publish a list of those certifications and assurances annually. Appendix A of this Notice contains the comprehensive compilation of FTA's Certifications and Assurances for Federal Fiscal Year (Federal FY) 2009 applicable to the various Federal assistance programs that FTA will administer during that Federal FY. FTA's Certifications and Assurances for Federal FY 2009 reflect Federal statutory, regulatory, and programmatic changes that have now become effective. DATES: Effective Date: These FTA Certifications and Assurances are effective on October 1, 2008, the first day of Federal FY 2009. FOR FURTHER INFORMATION CONTACT: City of Moscow, ARRA, FY09 U.S. DOT FTA Certifications and Assurances 22 ---PAGE BREAK--- Attachment E Contracting Affidavit Concerning Illegal Aliens STATE OF :L::-b.bo COUNTYOF The undersigned. being duly sworn upon oath, deposes and says that lY9 D Ytor Name) complies with the provisions of Idaho Executive Order 2009-1 0 (Establishing a Policy for All State Agencies Concerning Public Funds); that r:P rY) l:>;sLe> U } substantiates that all ( ntractor Name) employees providing services or involved in any way on projects funded directly by or assisted in whole or part by state funds or federal stimulus dollars can legally work in the United States and complies with the provisions of ldaho Executive Order 2009-10 and will maintain such throughout the life of this state contract and that of 'D;;;c.oLL) shall subcontract work only to subcontractors (C ntractor N ne) meeting the requirements of Idaho Executive Order 2009-10. Address VYJ DSC<) u) cg .3 f I) 111 ;2--2 .f)C( T (Date)f Addendum 1: August 20, 2009: 5311 ARRA Funding Agreement Scope of Work ---PAGE BREAK--- ---PAGE BREAK--- Addendum 02 Attachment I Vendor Reporting Form for 1512 Report Please, sign and return this signature sheet acknowledging that you as the Subrecipient will report all vendor and expenses for materials and/or services on the attached Vendor Reporting form and submit the form with each request for reimbursement. The form will be used to track running total expenses for each vendor. 9c2-c2-0r:j (Date) Addendum 02: September 02, 2009: Vendor Reporting Form for 1512 Report ---PAGE BREAK--- ---PAGE BREAK--- Addendum 03 Addition to Attachment A Construction Please, sign and return this signature sheet acknowledging that you as the Subrecipient accept the additional language to Attachment A Construction: Responsibility: The construction contract shall be designed and stamped by a registered engineer; it shall comply with all Federal and state laws and regulations and the selection process shall comply with State and Federal procurement. Engineering: Provide the Engineer's name who is responsible for signing off on documents: Agency from which person represents Addendum 03: September 03, 2009: Engineering Responsibilities Contact Phone# ---PAGE BREAK---