HomeMy WebLinkAboutResolution - 2011-R0390 - Master Grant Agreement - TXDOT - 09_08_2011Resolution No. 2011-0390
September 8, 2011
Item No. 5.14
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock, Master Grant Agreement #
512XXF7081, by and between the City of Lubbock and Texas Department of
Transportation, and related documents. Said Agreement is attached hereto and
incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by the City Council on September 8, 2011
TOM MARTIN, MAYOR
ATTEST:
P"', , _%('
Reb ca Garza, City Secreta
APPROVED AS TO CONTENT:
- -7, � `-mr
Bill Howe n, ommunity Devejjl ment Director
/f
APPROVED AS TO FORM:
A�tti---
Weaver.ssistant City Attorney
vw ecdoes/RES.Citibus-Master Grant Agrmt-T'xDOT
August 23, 2011
TRANSIT PROVIDER: Lubbock, City of
MASTER GRANT AGREEMENT #: 512XXF7081
STATE / LOCAL PUBLIC TRANSPORTATION
MASTER GRANT AGREEMENT
FEDERAL TRANSIT ADMINISTRATION
NOT RESEARCH AND DEVELOPMENT
STATE OF TEXAS §
COUNTY OF TRAVIS §
PUBLIC TRANSPORTATION
MASTER GRANT AGREEMENT
Resolution No. 2011-RO390
THIS PUBLIC TRANSPORTATION MASTER GRANT AGREEMENT (MGA) is made by and
between the State of Texas, acting through the Texas Department of Transportation, called the
"State," and the Lubbock, City of, called the "Transit Provider."
WITNESSETH
WHEREAS, federal and state laws require that the State and sub -recipients meet certain contract
standards relating to the management and administration of state and federal funds; and
WHEREAS, the governing terms of this MGA will provide for efficient and effective contract
administration; and
WHEREAS, if applicable, each fiscal year grant period, the Transit Provider must execute a Fiscal
Year Grant Application, Part I, for consideration for new state and federal grants; and
WHEREAS, if applicable, each fiscal year grant period, the Transit Provider must execute a Fiscal
Year Grant Application, Part II, for consideration for new federal grants; and
WHEREAS, the State and the Transit Provider understand and agree that not every provision of this
document will apply to every Transit Provider or every project, depending upon the nature of the
project and the section of the statute authorizing the financial assistance; and
WHEREAS, the Federal General Terms and Conditions for Public Transportation Projects,
Attachment A, which is attached to and made a part of this agreement, shall apply to the relationship
between the State and the Transit Provider;
NOW THEREFORE, the State and the Transit Provider do agree as follows:
((Name)> ((MGA)>
PTN MGA Page 1 of 14 Revised 07/28/2011
AGREEMENT
ARTICLE 1. MGA AND PROJECT GRANT AGREEMENTS (PGA) TIME PERIOD
This MGA and the PGAs executed under this MGA become effective when signed by the last party
whose signing makes the respective agreement fully executed_ This MGA shall remain in effect until
August 31, 2016, unless terminated or otherwise modified in an amendment added to this MGA.
ARTICLE 2. COMPENSATION
A. The State's reimbursement to the Transit Provider is contingent upon the availability of
appropriated funds. The State shall have no liability for any claims submitted by the Transit
Provider or its subcontractors, vendors, manufacturers, or suppliers if sufficient federal or state
funds are not available to pay the Transit Provider's claims.
B. To be eligible for reimbursement under the MGA, a cost must be incurred and authorized within
the MGA period specified in Article 1, MGA and PGA Time Period.
C. The Transit Provider may submit requests for reimbursement to the State no more frequently than
monthly and no later than forty-five (45) days after the date of the invoices submitted for
reimbursement. The Transit Provider will use invoice statements acceptable to the State.
Additional documentation to support any cost incurred during the billing period may be required at
the discretion of the State. As a minimum, each billing must be accompanied by a summary by
budget line item which indicates the total amount authorized for each line item, previous
expenditures, current period expenditures, and the balance remaining in the line item.
D. The original and one copy of the invoice is to be submitted to the appropriate Texas Department
of Transportation (TxDOT) District Office.
E. The State will make payment within thirty (30) days of the receipt of properly prepared requests
for reimbursement.
F. The Transit Provider will submit a final billing within forty-five (45) days of the completion or
termination of the MGA or PGA in accordance with Article 1, MGA and PGA Time Period.
G. This agreement provides for reimbursement of costs that have already been incurred, and it is the
expectation of the State that all subcontractors and vendors will have been paid before a request
for reimbursement is submitted. The Transit Provider shall pay a subcontractor or vendor for work
performed within ten (10) days after the Transit Provider receives payment for the work performed
by that subcontractor. Also, any retained monies on a subcontractor's work shall be paid to the
subcontractor within ten (10) days after the Transit Provider receives any retainage payment. The
State shall not be responsible for the debts of the Transit Provider.
H. The above requirements are also applicable to all sub -tier subcontractors and the above
provisions shall be made a part of all subcontracts.
I. Failure to comply with any of the above requirements may cause withholding of payments to the
Transit Provider and will be grounds for termination of this MGA and PGAs by the State.
ARTICLE 3. PGA AND AMENDMENTS
A. All PGAs and amendments to MGAs or PGAs must be executed by both parties within the grant
time period specified in Article 1, MGA and PGA Time Period.
B. The Transit Provider is authorized to re -budget without a formal amendment when the proposed
revision involves an increase in one category and a corresponding decrease in another, provided,
however, that any such revision meets all of the following criteria:
1. Does not result in the need for additional funds;
2. Does not exceed ten percent (10%) of the current total approved budget and the federal or
state funding exceeds $100,000;
«Name» ((MGA))
PTN MGA Page 2 of 14 Revised 07/28/2011
3. Does not exceed the current total approved budget;
4. Does not involve a transfer of funds from an authorized capital equipment purchase to another
category;
5. Does not involve a transfer of funds from training to another expense category;
6. Does not involve a transfer of funds from construction to a non -construction category; and
7. Does not involve a transfer of funds from a direct to indirect cost category.
C. If a proposed revision meets all of the criteria listed above, the Transit Provider must notify the
State in writing before the revision is made. This written notification must describe the revision,
explain the need, and certify that the revision complies with the above criteria.
ARTICLE 4. SUBCONTRACTS
The Transit Provider shall not enter into any subcontract with individuals or organizations for the
purchase of equipment or the procurement of professional services without prior authorization and
consent to the subcontract by the State. All subcontracts shall contain all provisions required by state
or federal law. Transit Providers shall furnish the State notice of intent to award a purchase order or
contract to any individuals or organizations not a part of the Transit Provider's organization when the
amount of the purchase meets or exceeds the threshold level in the Government Code or Local
Government Code (or $15,000 for those entities not covered by the Government Code or Local
Government Code) requiring formal competitive procurement. Purchases shall not be split out to stay
below the threshold amount. No subcontract will relieve the Transit Provider of its responsibility
under this MGA and any PGA executed under this MGA.
ARTICLE 5. AUDIT REQUIREMENTS
A. Transit Provider audit procedures shall meet or exceed the audit requirements outlined in Title 48,
Code of Federal Regulations (CFR), Federal Acquisition Regulations (FAR).
B. The state auditor may conduct an audit or investigation of any entity receiving funds from the
State directly under this contract or indirectly through a subcontract under this contract.
Acceptance of funds directly under this contract or indirectly through a subcontract under this
contract acts as acceptance of the authority of the state auditor, under the direction of the
legislative audit committee, to conduct an audit or investigation in connection with those funds.
An entity that is the subject of an audit or investigation must provide the state auditor with access
to any information the state auditor considers relevant to the investigation or audit.
ARTICLE 6. STANDARDS FOR FINANCIAL ADMINISTRATION
The Transit Provider's standards for financial administration must conform with the requirements of 49
CFR §18.20.
ARTICLE 7. PROCUREMENT STANDARDS
Transit Provider procurement standards shall meet or exceed the requirements of 48 CFR, FAR, 49
CFR §18.36, and 49 CFR Part 19 including standards for competitive procurements; methods of
procurement; contracting with small and minority firms, women's business enterprise and labor
surplus area firms; contract cost and price; awarding agency review; and insurance and bonding.
The Transit Provider's procurement system must include but not be limited to the following
procurement standards.
A. Procurement procedures which reflect applicable state and local laws and regulations, provided
that the procurements conform to applicable federal law and the standards identified in this
section.
Aame» «MGA»
PTN MGA Page 3 of 14 Revised 07/28/2011
B. A contract administration system which ensures that subcontractors perform in accordance with
the terms, conditions, and specifications of their contracts or purchase orders.
C. A written code of standards of conduct governing the performance of employees engaged in the
award and administration of contracts. No employee, officer, or agency of the Transit Provider
shall participate in selection or in the award or administration of a contract supported by state or
federal funds if a conflict of interest, real or apparent, would be involved.
D. A process for review of proposed procurements to avoid purchase of unnecessary or duplicative
items.
E. Use of state and local intergovernmental agreements for procurement or use of common goods
and services to foster greater economy and efficiency.
F. Use of value engineering clauses in contracts for construction projects.
G. Awards made only to responsible Transit Providers possessing the ability to perform successfully
under the terms and conditions of a proposed procurement, giving consideration to such matters
as subcontractor integrity, compliance with public policy, record of past performance, and financial
and technical resources.
H. Records sufficient to detail the significant history of procurement, including rationale for the
method of procurement, selection of contract type, subcontractor selection or rejection, and the
basis for the contract price.
I. Limited use of time -and -materials contracts.
J. Use of good administrative practices and sound business judgment to settle contractual and
administrative issues arising out of procurements.
K. Protest procedures to handle and resolve disputes relating to procurements and prompt
disclosure to the State of information regarding the protest.
L. Procurement transactions conducted in a manner that provides full and open competition.
M. If equipment or real property is transferred to a Transit Provider, that equipment or real property
shall be owned and operated in accordance with the same rules and regulations governing the
ownership and operation of equipment or real property acquired with financial assistance from the
State.
N. The equipment and program provisions survive the contract duration.
O. These standards will apply to the projects described in the Fiscal Year Grant Application, Part I
and Part II, and PGAs. For those projects requiring a formal competitive process, the Transit
Provider shall furnish a copy of the public notification, prior to issuance, along with any other
procurement documents requested by the department, for department review and approval. Upon
procurement of items under this MGA or PGA, the Transit Provider shall submit to the State a list
of all bidders and subcontractors that quoted on the procured items. The Transit Provider shall
submit the list with their requests for reimbursements and must include names, addresses,
telephone numbers, and types of work quoted.
ARTICLE 8. PROPERTY MANAGEMENT
The State must concur in the award of all purchase orders for non -expendable personal property as
defined in 49 CFR §§ 18.32 and 18.33. Acquisition of real property must comply with 49 CFR §18.31.
ARTICLE 9. EQUIPMENT MANAGEMENT
A. Management standards include, but are not limited to:
1. Recording the State's security interest as a lien on the certificate of title of the vehicle at the
time of purchase in accordance with Transportation Code, Chapter 501 and in accordance
with Title 43, Texas Administrative Code (TAC) §31.55.
(<Name)) «MGA»
PTN MGA Page 4 of 14 Revised 07/28/2011
2. Maintaining equipment records that include a description of the equipment; a serial number or
other identification number; the source of equipment; who holds title; the acquisition date and
cost of the equipment; percentage of federal and state participation in the cost of the
equipment; the location, use and condition of the equipment; maintenance history for each
vehicle; and ultimate disposition data including the date of disposal and sale price.
3. Cooperate with the State in performing a physical inventory of the equipment at least once
every two years and reconciling the inventory with equipment records described in the
preceding paragraph.
4. Developing a control system to ensure adequate safeguards to prevent loss, damage, or theft
of the equipment. Any loss, damage, or theft shall be investigated.
5. Developing and following procedures to keep the equipment maintained and in good condition.
At a minimum, the Transit Provider shall follow the vehicle maintenance schedule
recommended by the manufacturer, showing the date the maintenance was performed.
Maintenance records shall be provided to the State upon request.
6. Requesting disposition instructions from the State, and if authorized to sell the equipment,
using proper sales procedures to insure the highest possible return.
B. The Transit Provider will comply with Title 43, TAC §§31.53 and 31.55, to protect the public
investment in real property and equipment purchased in whole or in part with state or federal
funds.
C. In the event that project equipment is not used in the proper manner or is withdrawn from public
transportation services, the Transit Provider shall immediately notify the State. The State
reserves the right to direct the sale or transfer of property acquired under this MGA or PGA upon
determination by the State that said property has not been fully or properly used upon termination
of this agreement, or as otherwise allowed by applicable rules and regulations.
D. All vehicles purchased under this MGA or PGA shall comply with the Motor Vehicle Safety
Standards established by the US Department of Transportation and state law.
E. Irrespective of coverage by insurance, unless otherwise approved in writing by the State, in the
event of loss or damage to project property, whether by casualty or fire, the fair market value will
be the value of the property immediately before the casualty or fire.
F. The Transit Provider shall notify the State immediately of theft, wreck, vandalism or other
destruction of project -related facilities or equipment.
ARTICLE 10. COORDINATION
According to Title 43, TAC §31.49, the Transit Provider will at all times coordinate the provision of
public transportation services with other transportation operators, both public and private, in the area.
The Transit Provider will furnish the State copies of any agreement resulting from such coordination.
Agreements that authorize the payment of project funds to another entity are subject to the approval
requirements described in Article 4, Subcontracts.
ARTICLE 11. LABOR PROTECTION PROVISIONS
If applicable, the Transit Provider shall comply with the labor protection provisions as listed below.
The Transit Provider agrees that the following terms and conditions shall apply for the protection of
employees in the mass passenger transportation industry in the area of the project:
A. The project shall be carried out in such a manner and upon such terms and conditions as will not
adversely affect employees in the mass passenger transportation industry within the service area
of the project.
B. All rights, privileges, and benefits (including pension rights and benefits) of employees (including
employees already retired) shall be preserved and continued.
«Name» ((MGA))
PTN MGA Page 5 of 14 Revised 07/28/2011
C. The Transit Provider shall be financially responsible for any deprivation of employment or other
worsening of employment position as a result of the project.
D. In the event an employee is terminated or laid off as a result of the project, he or she shall be
granted priority of employment or reemployment to fill any vacant position for which he or she is,
or by training or retraining can become, qualified. In the event training is required by such
employment or reemployment, the Transit Provider shall provide for such training or retraining at
no cost to the employee.
E. Any employee who is laid off or otherwise deprived of employment or placed in a worse position
with respect to compensation, hours, working conditions, fringe benefits, or rights and privileges
pertaining to employment at any time during his or her employment as a result of the project,
including any program of efficiencies or economies directly or indirectly related, shall be entitled to
receive any applicable rights, privileges and benefits as specified in the employee protective
arrangement certified by the Secretary of Labor under Section 405(b) of the Rail Passenger
Service Act of 1970 on April 16, 1971. An employee shall not be regarded as deprived of
employment or placed in a worse position with respect to compensation, etc., in case of his or her
resignation, death, retirement, dismissal for cause, or failure to work due to disability or discipline.
The phrase "as a result of the project" as used in this agreement shall include events occurring in
anticipation of, during, and subsequent to the project.
F. In the event any provision of these conditions is held to the invalid or otherwise unenforceable, the
Transit Provider, the employees, and their representatives may invoke the jurisdiction of the
Secretary of Labor to determine substitute fair and equitable employee protective arrangements
which shall be incorporated in these conditions.
G. The Transit Provider agrees that any controversy respecting the project's effects upon employees,
the interpretation or application of these conditions and the disposition of any claim arising under
this agreement may be submitted by any party to the dispute including the employees or their
representative for determination by the Secretary of Labor, whose decision shall be final.
H. The Transit Provider shall maintain and keep on file all relevant books and records in sufficient
detail as to provide the basic information necessary to the making of the decisions called for in the
preceding paragraph.
I. The Transit Provider will post, in a prominent and accessible place, a notice stating that the
Transit Provider is a recipient of federal assistance under the Federal Transit Act and has agreed
to comply with the provisions of 49 United States Code (U.S.C), Section 5333(b). The notice shall
also specify the terms and conditions set forth in this agreement for the protection of employees.
ARTICLE 12. MONITORING
A. The State will monitor the progress of the project authorized in this agreement using appropriate
and necessary inspections, including but not limited to periodic reports, physical inspection of
project facilities, telephone conversations, letters, and conferences.
B. The State will monitor and conduct fiscal or program audits of the Transit Provider to verify the
extent of services provided under the terms of the MGA and PGA. Representatives of the state
and federal government shall have access to project facilities and records at all reasonable times.
ARTICLE 13. REPORTS
A. The Transit Provider shall submit written or electronic reports at intervals and in a format
prescribed by the State.
1. Quarterly Operating Report - No later than thirty (30) calendar days after the end of the quarter
for which the report is made, the Transit Provider shall submit an activity report to the State.
Name)) cMGA»
PTN MGA Page 6 of 14 Revised 07/28/2011
At a minimum, the quarterly operating report will include the number of vehicles in operation;
total unlinked passenger trips; total miles traveled; total expenses, including administrative and
operating expenses; revenue, including fares and donations, operating expense per vehicle
revenue mile; operating expense per unlinked passenger trip; and number of unlinked
passenger trips per revenue mile traveled. The State may require more frequent operating
reports for reasons of its own, or if the Transit Provider does not provide the reports in a timely
manner, or if the reports indicate unfavorable trends.
2. Status of Procurements - If the grant includes the purchase of vehicles or other capital
equipment, the Transit Provider shall submit a quarterly report consisting of a brief narrative
including but not limited to procurement milestones, including date of purchase order, vendor
name and location, and estimated delivery date.
3. Status of Construction - If the grant includes construction, the Transit Provider shall submit
quarterly narrative reports which include but are not limited to the progress of construction.
B. Regardless of the type of assistance included in the grant, the Transit Provider shall promptly
advise the State in writing if at any time the progress of the project will be negatively or positively
impacted, including:
1. Problems, delays, or adverse conditions that will materially affect the Transit Provider's ability
to attain program objectives, prevent the meeting of time schedules and goals, or preclude the
attainment of project work units by established time periods. This disclosure shall be
accompanied by a statement of the action taken, or contemplated, by the Transit Provider and
any State assistance needed to resolve the situation.
2. Developments or events that will enable the Transit Provider to meet time schedules and goals
sooner than anticipated or produce more work units than originally projected.
C. At least once every two (2) years, or more frequently when instructed by the State, the Transit
Provider shall cooperate with the State in performing a physical inventory of grant -supported
property as set forth in Article 9, Equipment Management, and furnish the State a copy of the
inventory.
D. The Transit Provider shall maintain written maintenance records for each grant -supported vehicle
and shall make such records available to the State upon request.
ARTICLE 14. DISPUTES AND REMEDIES
A. The Transit Provider shall be responsible for the settlement of all contractual and administrative
issues arising out of procurements entered in support of the grant.
B. Any dispute concerning the work under this agreement, additional costs, or any other non -
procurement issue shall be submitted for resolution by informal mediation, in accordance with the
requirements of the Governmental Dispute Resolution Act, Chapter 2009, Government Code,
unless the subject matter applies under Title 43, TAC §9.2.
C. This agreement shall not be considered as specifying the exclusive remedy for any default, but all
remedies existing at law and in equity may be availed of by either party and shall be cumulative.
ARTICLE 15. TERMINATION
A. The State or the Transit Provider may terminate the MGA or any PGA by giving thirty (30) days'
notice in writing to the other party for reasons of its own and not subject to the approval of the
other party. In the event of termination for convenience, the State nor the Transit Provider shall
not be subject to additional liability except as otherwise provided in this agreement.
B. If both parties to this MGA agree that the continuation of a PGA would not produce beneficial
results commensurate with the further expenditure of funds, the parties shall agree upon the
((Name)> ((MGA))
PTN MGA Page 7 of 14 Revised 07/28/2011
termination conditions, including the effective date. In the event that both parties agree that
resumption of the PGA is warranted, a new PGA must be developed and executed by all parties.
C. The State may terminate this MGA and any PGA at any time before the date of completion
whenever it is determined that the Transit Provider has failed to comply with the conditions of the
MGA or PGA. Additionally, if the State notifies the Transit Provider of a major deficiency and the
Transit Provider does not respond in the manner required by the State, the State may immediately
terminate the MGA and PGAs, and direct the disposition of equipment purchased with grant
funds.
D. Upon termination of this MGA or any PGA, whether for cause or at the convenience of the parties
to the agreement, title to all property and equipment remains with the Transit Provider subject to
the obligations and conditions set forth in this MGA or PGA and 49 CFR § 18.31 and § 18.32,
unless the state or federal funding agency issue disposition instructions to the contrary.
E. In the event of termination, the State may compensate the Transit Provider for those eligible
expenses incurred during the grant periods that are directly attributable to the completed portion
of the grant covered by the PGA, provided that the grant has been completed in accordance with
the terms of the MGA and PGA. The Transit Provider shall not incur new obligations for the
terminated portion after the effective date of termination.
F. Except with respect to defaults of subcontractors, the Transit Provider shall not be in default by
reason of any failure in performance of this MGA or PGA in accordance with its terms (including
any failure by the Transit Provider to progress in the performance of the work) if such failure
arises out of causes beyond the control and without the default or negligence of the Transit
Provider. Such causes may include but are not limited to acts of God or of the public enemy, acts
of the Government in either its sovereign or contractual capacity, fires, floods, epidemics,
quarantine restrictions, strikes, freight embargoes, and unusually severe weather. In every case,
however, the failure to perform must be beyond the control and without the fault or negligence of
the Transit Provider.
ARTICLE 16. DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM REQUIREMENTS
A. The parties shall comply with the DBE Program requirements established in 49 CFR Part 26.
B. The Transit Provider shall adopt, in its totality, the State's federally approved DBE program.
C. The Transit Provider shall set an appropriate DBE goal consistent with the State's DBE guidelines
and in consideration of the local market, project size, and nature of the goods or services to be
acquired. The Transit Provider shall have final decision -making authority regarding the DBE goal
and shall be responsible for documenting its actions.
D. The Transit Provider shall follow all other parts of the State's DBE program referenced in TxDOT
Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of
Transportation's Federally -Approved Disadvantaged Business Enterprise by Entity and
attachments found at web address httpa/txdot.gov/business/business outreachlmou.htm.
E. The Transit Provider shall not discriminate on the basis of race, color, national origin, or sex in the
award and performance of any U.S. Department of Transportation (DOT) -assisted contract or in
the administration of its DBE program or the requirements of 49 CFR Part 26. The Transit
Provider shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-
discrimination in award and administration of DOT -assisted contracts. The State's DBE program,
as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this
agreement. Implementation of this program is a legal obligation and failure to carry out its terms
shall be treated as a violation of this agreement. Upon notification to the Transit Provider of its
failure to carry out its approved program, the State may impose sanctions as provided for under
Name» «MGA»
PTN MGA Page 8 of 14 Revised 07/28/2011
49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C.
1001 and the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).
F. Each contract the Transit Provider signs with a contractor (and each subcontract the prime
contractor signs with a sub -contractor) must include the following assurance: The contractor,
Transit Provider, or sub -contractor shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this contract. The contractor shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts.
Failure by the contractor to carry out these requirements is a material breach of this agreement,
which may result in the termination of this agreement or such other remedy as the recipient
deems appropriate.
ARTICLE 17. CONTROL OF SUBSTANCE ABUSE
A. The Transit Provider will certify compliance with 49 CFR Parts 40 and 655 on or before
September 15t of each year, using the certification form furnished by the State.
B. Section 5307 Transit Provider's will submit a copy of the Drug and Alcohol Management
Information System reports by March 15'h of each year and any guidance on the drug abuse
provisions of 49 U.S.C. §5331 that FTA or U.S. DOT may issue.
C. Section 5311 Transit Provider's will submit required Drug and Alcohol Management Information
System reports on or before February 151h of each year.
ARTICLE 18. PROHIBITED ACTIVITIES
A. The Transit Provider or any subcontractor shall not use federal or state assistance funds for
publicity or propaganda purposes designed to support or defeat legislation pending before
Congress or the Texas Legislature.
B. No member of or delegate to the Congress of the United States shall share in this MGA or PGA or
benefit from it, except in the same manner as the general public.
C. No member, officer or employee of the Transit Provider during his tenure or one (1) year
thereafter shall have any interest, direct or indirect, in this MGA or PGA or the proceeds from it.
D. Texas Transportation Commission policy mandates that employees of the Texas Department of
Transportation (TxDOT) shall not accept any benefits, gifts or favors from any person doing
business or who reasonably speaking may do business with TxDOT under this MGA or PGA. The
only exceptions allowed are ordinary business lunches and items that have received the
advanced written approval of TxDOT's Executive Director.
E. Any persons doing business with or who may reasonably speaking do business with the State
under this MGA or PGA may not make any offer of benefits, gifts or favors to TxDOT employees,
except as mentioned above. Failure on the part of the Transit Provider to adhere to this policy
may result in the termination of this MGA and PGA.
F. The Transit Provider will comply with Texas Government Code, Chapter 573, by insuring that no
officer, employee, or member of the Transit Provider's governing board or of the Transit Provider's
subcontractors shall vote or confirm the employment of any person related within the second
degree by affinity or third degree by consanguinity to any member of the governing body or to any
other officer or employee authorized to employ or supervise that person.
G. This prohibition shall not prohibit the employment of a person who shall have been continuously
employed for a period of two (2) years prior to the election or appointment of the officer,
employee, or governing body member related to such person in the prohibited degree.
gName» «MGA»
PTN MGA Page 9 of 14 Revised 07/28/2011
ARTICLE 19. OPEN MEETINGS
If applicable, the Transit Provider will comply with Texas Government Code, Chapter 551, which
requires all regular, special, or called meetings of governmental bodies to be open to the public,
except as otherwise provided by law or specifically permitted in the Texas Constitution.
ARTICLE 20. INDEMNIFICATION
A. To the extent permitted by law, the Transit Provider shall indemnify and save harmless the State
from all claims and liability due to activities of its agents, employees, or volunteers performed
under this agreement and which result from an error, omission, or negligent act of the Transit
Provider or of any person employed by the Transit Provider.
B. To the extent permitted by law, the Transit Provider shall also save harmless the State from any
and all expenses, including attorney fees, which might be incurred by the State in litigation or
otherwise resisting said claim or liabilities which might be imposed on the State as a result of
activities by the Transit Provider, its agents, employees, or volunteers.
C. The Transit Provider acknowledges that it is not an agent, servant, or employee of the State and
that it is responsible for its own acts and deeds and for those of its agents, employees, or
volunteers during the performance of the MGA and PGA.
ARTICLE 21. COMPLIANCE WITH LAWS
The Transit Provider shall comply with all federal, state, and local laws, statutes, ordinances, rules,
and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any
matter affecting the performance of this grant, including without limitation workers' compensation
laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination laws and
regulations, licensing laws, regulations, and the Texas Uniform Grant Management Standards. When
required, the Transit Provider shall furnish the State with satisfactory proof of compliance.
ARTICLE 22. NONCOLLUSION
The Transit Provider warrants that it has not employed or retained any company or person, other than
a bona fide employee working for the firm, to solicit or secure this grant, and that it has not paid or
agreed to pay any company or person, other than a bona fide employee, any fee, commission,
percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the
award or making of this grant. If the Transit Provider breaches or violates this warranty, the State
shall have the right to annul this agreement without liability or, in its discretion, to deduct from the
grant price or consideration, or otherwise recover, the full amount of such fee, commission, brokerage
fee, gift, or contingent fee.
ARTICLE 23. DEBT TO THE STATE
If the comptroller is currently prohibited from issuing a warrant to Transit Provider because of a debt
owed to the State, then the Transit Provider agrees that any payments owed under the contract will
be applied towards the debt or delinquent taxes until the debt or delinquent taxes are paid in full.
ARTICLE 24. NONDISCRIMINATION ON THE BASIS OF DISABILITY
The Transit Provider agrees that no otherwise qualified person with a disability shall, solely by reason
of the person's disability, be excluded from participation in, be denied the benefits of, or otherwise be
subject to discrimination under the project. The Transit Provider shall insure that all fixed facility
construction or alteration and all new equipment included in the project comply with applicable
regulations set forth at 49 CFR 27, Nondiscrimination on the Basis of Handicap in Programs and
«Name» «MGA»
PTN MGA Page 10 of 14 Revised 07/28/2011
Activities Receiving or Benefiting from Federal Financial Assistance, and the Americans with
Disabilities Act.
ARTICLE 25. PROGRAM INCOME
A. Except for income from royalties and proceeds from the sale of real property or equipment, the
Transit Provider shall retain program income and apply such income to allowable capital or
operating expenses. If federally funded, Program Income from royalties and proceeds from sale
of real property or equipment shall be handled as specified in Attachment A, Federal Provisions.
B. The Transit Provider shall comply with standards governing the receipt and application of program
income as set forth in 49 CFR §18.25, Program Income. Program income means gross income
received by the Transit Provider directly generated by a grant supported activity, or earned only as
a result of this MGA or PGA during the time period specified in Article 1, Time Period.
C. Program income includes income from fees for services performed, from the use or rental of real
or personal property acquired with grant funds, from the sale of commodities or items fabricated
under a MGA or PGA, and from payments of principal and interest on loans made with grant
funds. Except as otherwise provided in federal regulations, program income does not include
interest on grant funds, rebates, credits, discounts, refunds, etc, and interest earned on any of
them.
ARTICLE 26. SUCCESSORS AND ASSIGNS
The Transit Provider binds themselves, their successors, assigns, executors and administrators in
respect to all covenants of this agreement. The Transit Provider shall not sign, sublet, or transfer
their interest in this agreement without the written consent of the State.
ARTICLE 27. LEGAL CONSTRUCTION
In case any one or more of the provisions contained in this agreement shall for any reason be held to
be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability shall
not affect any other provision of it and this agreement shall be construed as if such invalid, illegal, or
unenforceable provision had never been contained within it.
ARTICLE 28. PRIOR AGREEMENTS
This agreement supersedes any prior written or oral agreements between the parties respecting the
public transportation grant specifically authorized and funded under this agreement.
ARTICLE 29. SPECIAL PROVISIONS FOR CONSTRUCTION AND REPAIR CONTRACTS
A. Si ns - The Transit Provider shall cause to be erected at the site of construction, and maintained
during construction, signs satisfactory to the State and the U. S. Department of Transportation
identifying the project and indicating that the government is participating in the development of the
project.
B. Hazardous Materials - The Transit Provider will conduct an inspection of the building for
hazardous materials; asbestos, and lead -based paint. Removal and disposal will be in
accordance with local, state, and federal regulations, prior to the initiation of construction.
ARTICLE 30. CHILD SUPPORT STATEMENT
Under Section 231.006, Texas Family Code, the Transit Provider certifies that the individual or
business entity named in this contract, bid, or application is not ineligible to receive the specified
grant, loan, or payment and acknowledges that this contract may be terminated and payment may be
withheld if this certification is inaccurate. If the above certification is shown to be false, the Transit
Aame» «MGA»
PTN MGA Page 11 of 14 Revised 07/28/2011
Provider is liable to the state for attorney's fees, the cost necessary to complete the contract,
including the cost of advertising and awarding a second contract, and any other damages provided by
law or the contract. A child support obligor or business entity ineligible to receive payments because
of a payment delinquency of more than thirty (30) days remains ineligible until: all arrearages have
been paid; the obligor is in compliance with a written repayment agreement or court order as to any
existing delinquency; or the court of continuing jurisdiction over the child support order has granted
the obligor an exemption from Subsection (a) of Section 231.006, Texas Family Code, as part of a
court -supervised effort to improve earnings and child support payments.
ARTICLE 31. NEPOTISM DISCLOSURE
A. In this section the term "relative" means:
1. A person's great grandparent, grandparent, parent, aunt or uncle, sibling, niece or nephew,
spouse, child, grandchild, or great grandchild, or
2. The grandparent, parent, sibling, child, or grandchild of the person's spouse.
B. A notification required by this section shall be submitted in writing to the person designated to
receive official notices under this contract and by first-class mail addressed to Contract Services
Section, General Services Division, Texas Department of Transportation, 125 East 11 th Street,
Austin Texas 78701. The notice shall specify the Transit Provider's company name, the name of
the person who submitted the notification, the contract number, the district, division, or office of
TxDOT that is principally responsible for the contract, the name of the relevant Transit Provider's
employee, the expected role of the Transit Provider employee on the project, the name of the
TxDOT employee who is a relative of the Transit Provider employee, the title of the TxDOT
employee, the work location of the TxDOT employee, and the nature of the relationship.
C. By executing this contract, the Transit Provider is certifying that the Transit Provider does not
have any knowledge that any of its employees or any employees of a subcontractor who are
expected to work under this contract have a relative that is employed by TxDOT unless the Transit
Provider has notified TxDOT of each instance as required by subsection (b).
D. If the Transit Provider learns at any time that any of its employees or that any of the employees of
a subcontractor who are performing work under this contract have a relative who is employed by
TxDOT, the Transit Provider shall notify TxDOT under subsection (b) of each instance within thirty
days of obtaining that knowledge.
E. If the Transit Provider violates this section, TxDOT may terminate the contract immediately for
cause, may impose any sanction permitted by law, and may pursue any other remedy permitted
by law.
ARTICLE 32. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT
REQUIREMENTS
A. Any recipient of funds under this agreement agrees to comply with the Federal Funding
Accountability and Transparency Act and implementing regulations at 2 CFR Part 170, including
Appendix A. This agreement is subject to the following award terms:
http://edocket.access.gpo.govl2010/tadf/2010-22705.pdf and
http://edocket.access.qpo.gov/201 0/pdf/2010-22706.pdf.
B. The Transit Provider agrees that it shall:
1. Obtain and provide to the State a Central Contracting Registry (CCR) number (Federal
Acquisition Regulation, Part 4, Sub -part 4.1100) if this award provides for more than $25,000
in Federal funding. The CCR number may be obtained by visiting the CCR web -site whose
address is. https://www.bpn.gov/ccr/default.aspx;
«Name» aMGAH
PTN MGA Page 12 of 14 Revised 07/28/2011
2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a
unique nine -character number that allows the Federal Government to track the distribution of
federal money. The DUNS number may be requested free of charge for all businesses and
entities required to do so by visiting the Dun & Bradstreet on-line registration website
http://fedgov.dnb.c,om/webform; and
3. Report the total compensation and names of its top five (5) executives to the State if:
i. More than 80% of annual gross revenues are from the Federal Government, and those
revenues are greater than $25,000,000 annually; and
ii. The compensation information is not already available through reporting to the U.S.
Securities and Exchange Commission.
ARTICLE 33. SINGLE AUDIT REPORT
A. The Transit Provider shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-
502, ensuring that the single audit report includes coverage stipulated in OMB Circular A-133.
B. If threshold expenditures of $500,000 or more are met during the Transit Provider's fiscal year, the
Transit Provider must submit a Single Audit Report and Management Letter (if applicable) to
TxDOT's Audit Office, 125 East Eleventh Street, Austin, TX 78701 or contact TxDOT's Audit
Office at hfp://www.txdot.gov/contact us/audit.htm.
C. If expenditures are less than $500,000 during the Transit Provider's fiscal year, the Transit
Provider must submit a statement to TxDOT's Audit Office as follows: "We did not meet the
$500,000 expenditure threshold and therefore, are not required to have a single audit performed
for FY "
D. For each year the project remains open for federal funding expenditures, the Transit Provider will
be responsible for filing a report or statement as described above. The required annual filing shall
extend throughout the life of the agreement, unless otherwise amended or the project has been
formally closed out and no charges have been incurred within the current fiscal year.
ARTICLE 34. NOTICES
All notices to either party shall be delivered personally or sent by certified U.S. mail, postage prepaid,
addressed to that party at the following address:
Transit Provider:
Citibus
Attn: John Wilson
PO Box 2000
Lubbock, TX 79457
State:
Program Services Section Director
Public Transportation Division
Texas Department of Transportation
125 E. 11 th Street
Austin, Texas 78701
All notices shall be deemed given on the date delivered in person or deposited in the mail. Either
party may change the above address by sending written notice of the change to the other party.
Either party may request in writing that notices shall be delivered personally or by certified U.S. mail,
and that request shall be carried out by the other party.
«Name» c<MGAu
PTN MGA Page 13 of 14 Revised 07/28/2011
ARTICLE 35. INCORPORATION OF PROVISIONS
Attachment A is attached to and incorporated into this agreement as if fully set forth within it.
ARTICLE 36. SIGNATORY WARRANTY
Each signatory warrants that the signatory has necessary authority to execute this agreement on
behalf of the entity represented.
THIS AGREEMENT IS EXECUTED by the State and the Transit Provider in duplicate.
THE TRANSIT PROVIDER
Signs ure
TOM MARTIN
Typed, Printed, or Stamped Name
MAYOR
Title
September 8, 2011
Date
THE STATE OF TEXAS
Cheryl PXzur
Program Services Section Director
Public Transportation Division
Texas Department of Transportation
Date
List of Attachments to MGA
Attachment A - Federal General Terms and Conditions for Public Transportation Projects
Aamep aMGA»
PTN MGA Page 14 of 14 Revised 07/28/2011
APPROVED
RECIPIENT
ATTEST:
Rebeka Garza
City Secretary
Date: September 8, 2011
APPROVED AS TO CONTENT:
Bill Howerton
Community Development Director
APPROVED AS TO FORM:
Chad Weaver
Assistant City Attorney
Resolution No. 2011-RO390
ATTACHMENT A
FEDERAL GENERAL TERMS AND CONDITIONS
TABLE OF CONTENTS
Section 1. Project Implementation
A. General Requirements.
B. U.S. DOT Administrative Requirements.
C. Application of Federal, State, and Local Laws and Regulations.
D. Significant Participation by a Third Party Contractor.
E. Transit Provider's Responsibility to Extend Federal Requirements to Other
Entities.
F. No State or Federal Government Obligations to Third Parties.
G. Changes in Project Performance (i.e., Disputes, Breaches, Defaults or
Litigation).
H. Incorporation of Federal Transit Administration (FTA) Terms
1. State and Local Law Disclaimer
J. Federal Changes
Section 2. Debarment 1 Lobbying Certifications
A. Debarment and Suspension.
B. Lobbying Restrictions.
Section 3. Accounting Records
A. Project Accounts.
B. Documentation of Project Costs and Program Income.
Section 4. Reporting, Record Retention, and Access
A. Record Retention.
B. Access to Records.
C. Project Close-out.
Section 5. Costs Reimbursed
Section 6. Civil Rights
A. Nondiscrimination.
B. Equal Employment Opportunity.
C. Requirements.
Section 7. Bus Requirements
A. Charter Service Operations
B. School Bus Operations
Section 8. Procurement
A. Federal Standards.
B. Buy America.
«Name)) KMGA»
PTN MGA Page 1 of 4 Attachment A
Table of Contents
C. Exclusionary or Discriminatory Specifications.
D. Bus Seat Specifications.
E. Clean Air and Clean Water.
F. Preference for Recycled Products.
G. Architectural, Engineering, Design, or Related Services.
H. Award to Other than the Lowest Bidder.
I. Rolling Stock.
J. Bonding.
K. National Intelligent Transportation Systems Architecture and Standards.
L. Fly America Requirements.
M. Cargo Preference.
Section 9. Leases
A. Capital Leases.
B. Leases Involving Certificates of Participation.
C. Cross -Border Leases.
Section 10. Patent Rights
A. General.
B. Federal Rights.
Section 11. Rights in Data and Copyrights
A. Definition.
B. State and Federal Restrictions.
C. Federal Rights in Data and Copyrights.
D. Special Rights in Data for Research, Development, Demonstration, and
Special Studies (Planning) Projects.
E. Hold Harmless.
F. Restrictions on Access to Patent Rights.
G. Statutory Requirements to Release Data.
Section 12. Use of Real Property, Equipment, and Supplies
A. Use of Property.
B. General Federal Requirements.
C. 5310 Program.
D. Maintenance.
E. Records.
F. Encumbrance of Project Property.
G. Transfer of Project Property.
H. Disposition of Project Property.
I. Misused or Damaged Project Property.
J. Obligations After Project Close-out.
Section 13. Insurance
A. Minimum Requirements.
B. Flood Hazards.
((Name)) ((MGA))
PTN MGA Page 2 of 4 Attachment A
Table of Contents
Section 14. Relocation
A. Relocation Protections.
B. Nondiscrimination in Housing.
Section 15. Real Property
A. Land Acquisition.
B. Covenant Assuring Nondiscrimination.
C. Recording Title of Real Property.
D. FTA Approval of Changes in Real Property Ownership.
Section 16. Construction
A. Drafting, Review, and Approval of Construction Plans and Specifications.
B. Supervision of Construction.
C. Construction Reports.
D. Project Management for Major Capital Projects.
E. Seismic Safety.
Section 17. Employee Protections
A. Construction Activities.
B. Activities Not Involving Construction.
C. State and Local Government Employees.
D. Transit Employee Protective Arrangements.
Section 18. Environmental Requirements
A. Use of Public Lands.
B. Coastal Zone Management.
C. Environmental Justice.
Section 19. Energy Conservation
Section 20. State Management and Monitoring Systems
Section 21. Privacy Act
Section 22. Not Applicable
Section 23. Metric System
Section 24. State Safety Oversight of Rail Fixed Guideway Public Systems
Section 25. Seat Belt Use
Section 26. Special Requirements for Urbanized Area Formula Projects
A. Fares and Services.
B. Audit Requirements.
aName» aMGA»
PTN MGA Page 3 of 4 Attachment A
Table of Contents
C. Half -Fare Requirements.
D. Procurement of an Associated Capital Maintenance Product.
E. Transit Security.
F. Restrictions on the Use of Formula Assistance for Operations.
G. Reporting Requirements.
H. Criminal Sanctions.
Section 27. Not Applicable
Section 28. Special Requirements for Job Access and Reverse Commute Grant
Projects
A. General Requirements,
B. Restrictions on the Use of Grant Funds.
Section 29. Special Requirements for Over -the -Road Bus Accessibility Projects
A. General Requirements.
B. Special Requirements.
C. FTA Notice.
Section 30. Disputes, Breaches, Defaults, or Other Litigation
A. Notification.
B. Federal Interest in Recovery.
C. Enforcement.
D. State and FTA Concurrence.
E. Termination for Convenience.
«Name)) «MGA»
PTN MGA Page 4 of 4 Attachment A
Table of Contents
Resolution No. 2011-R0390
ATTACHMENT A
FEDERAL GENERAL TERMS AND CONDITIONS
FOR PUBLIC TRANSPORTATION PROJECTS
This document contains standard terms and conditions governing the administration of a public
transportation project supported with federal assistance through the Texas Department of
Transportation ("State"). The State and the Transit Provider/Sub-grantee ("Transit Provider")
understand and agree that not every provision of this document will apply to every Transit
Provider or every project depending upon the nature of the Project and the section of the
statute authorizing the financial assistance. Thus, in consideration of the mutual covenants,
promises, and representations in this agreement, the State and the Transit Provider agree as
follows:
SECTION 1. PROJECT IMPLEMENTATION
A. General requirements.
1. Effective Date. The effective date of this agreement is the date of final execution by
both parties. The Transit Provider agrees to begin the Project in a timely manner.
2. Transit Provider's Capacity. The Transit Provider agrees to maintain or acquire
sufficient legal, financial, technical, and managerial capacity to plan, manage, and
complete the Project, and provide for the use of Project facilities and equipment, to
comply with the terms of the agreement, and all applicable federal laws, executive
orders, regulations, directives, and published policies governing this Project.
3. Completion Dates. The Transit Provider agrees to complete the Project in a timely
manner.
B. U.S. Department of Transportation (U.S. DOT) Administrative Requirements. The Transit
Provider acknowledges that federal administrative requirements differ based on the type of
entity receiving federal assistance:
1. A Transit Provider that is a State, a local government, or an Indian tribal government
agrees to comply with U.S. DOT regulations, "Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments," 49 CFR Part
18.
2. A Transit Provider that is an institution of higher education or a nonprofit organization
agrees to comply with U-S. DOT regulations, "Uniform Administrative Requirements for
Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -
Profit Organizations," 49 CFR Part 19.
C. Application of Federal, State, and Local Laws and Regulations. The Transit Provider
acknowledges that federal laws, regulations, policies, and related administrative practices
applicable to the Project may be modified from time to time. The Transit Provider agrees
that the most recent of such federal requirements will govern the administration of the
Project at any particular time, unless the Federal Transit Administration (FTA) issues a
written determination otherwise. The Transit Provider agrees to include notice in each
agreement with any third party contractor participating in the Project that state or federal
requirements may change and the changed requirements will apply to the Project as
required, unless the state or federal government determines otherwise.
D. Significant Participation by a Third Party Contractor. Although the Transit Provider may
enter into a third party contract in which the third party contractor agrees to provide property
«Name» «MGA»
PTN MGA Page 1 of 21 Attachment A
or services in support of the Project, or even carry out Project activities normally performed
by the Transit Provider, the Transit Provider continues to remain responsible to the FTA for
compliance with federal requirements.
E. Transit Provider's Responsibility to Extend Federal Requirements to Other Entities.
1. Entities Affected. The Transit Provider agrees to take appropriate measures necessary
to ensure any third party subcontractors comply with applicable federal requirements.
2. Documents Affected. The Transit Provider agrees to require its third party
subcontractors to include adequate provisions to ensure compliance with applicable
federal requirements in each lower tier subcontract and sub -agreement financed in
whole or in part with financial assistance.
F. No State or Federal Government Obligations to Third Parties. The Transit Provider agrees
that, absent the state or federal government's express written consent, the state or federal
government shall not be subject to any obligations or liabilities to any Transit Provider or
any third party contractor, or any other person.
G. Changes in Project Performance (i.e., Disputes, Breaches, Defaults or Litigation). The
Transit Provider agrees to notify the State immediately of any change in conditions (such as
its legal, financial, or technical capacity), or any other event that may significantly affect the
Transit Provider's ability to perform the Project.
H. Incorporation of Federal Transit Administration Terms. The preceding provisions include, in
part, certain Standard Terms and Conditions required by DOT, whether or not expressly set
forth in the preceding contract provisions. All contractual provisions required by DOT, as set
forth in FTA Circular 4220.1 E, dated June 19, 2003 and as amended August 4, 1998, are
incorporated by reference. Anything to the contrary found in this agreement
notwithstanding, all FTA mandated terms shall be deemed to control in the event of a
conflict with other provisions contained in this Agreement. The Transit Provider shall not
perform any act, fail to perform any act, or refuse to comply with any requests which would
cause anyone to be in violation of the FTA terms and conditions.
I. State and Local Law Disclaimer. The wording in the suggested clauses in the FTA Best
Practices Procurement Manual is not governed by federal law, but is significantly affected
by State law. The language of the suggested clauses may need to be modified depending
on state law, and that before the suggested clauses are used in the Transit Provider's
procurement documents, the Transit Provider's should consult with its local attorney.
J. Federal Changes. Transit Provider shall at all times comply with all applicable FTA
regulations, policies, procedure and directives, as they may be amended or promulgated
from time to time during the term of any contract related to this solicitation. Transit
Provider's failure to so comply may constitute a material breach of the underlying contract.
SECTION 2. DEBARMENT/ LOBBYING CERTIFICATIONS
A. Debarment and Suspension. The parties are prohibited from making any award at any tier
to any party that is debarred or suspended or otherwise excluded from or ineligible for
participation in Federal Assistance Programs under Executive Order 12549, "Debarment
and Suspension." By executing this agreement, the Transit Provider certifies that it is not
currently debarred, suspended, or otherwise excluded from or ineligible for participation in
Federal Assistance Programs under Executive Order 12549 and further certifies that it will
not do business with any party that is currently debarred, suspended, or otherwise excluded
from or ineligible for participation in Federal Assistance Programs under Executive Order
Name)) ((MGA))
PTN MGA Page 2 of 21 Attachment A
12549. The parties to this contract shall require any party to a subcontract or purchase
order awarded under this contract to certify its eligibility to receive federal funds and, when
requested by the State, to furnish a copy of the certification.
B. Lobbying Restrictions. In executing this agreement, each signatory certifies to the best of
that signatory's knowledge and belief, that:
1. No federal appropriated funds have been paid or will be paid by or on behalf of the
parties to any person for influencing or attempting to influence an officer or employee of
any federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any federal
contract, the making of any federal grant, the making of any federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative
agreement.
2. If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with federal contracts, grants, loans, or cooperative
agreements, the signatory for the Transit Provider shall complete and submit the
Federal Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with
its instructions.
3. The parties shall require that the language of this certification shall be included in the
award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and
contracts under grants, loans, and cooperative agreements) and all Transit Providers
shall certify and disclose accordingly. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by Title 31 U.S.C. §1352. Any
person who fails to file the required certification shall be subject to a civil penalty of not
less than $10,000 and not more than $100,000 for each such failure.
SECTION 3. ACCOUNTING RECORDS
A. Project Accounts. The Transit Provider agrees to establish and maintain for the Project
either a separate set of accounts, or separate accounts within the framework of an
established accounting system, that can be identified with the Project. The Transit Provider
agrees that all checks, payrolls, invoices, contracts, vouchers, orders, or other accounting
documents related in whole or in part to the Project shall be clearly identified, readily
accessible and available to FTA upon its request, and, to the extent feasible, kept separate
from documents not related to the Project.
B. Documentation of Protect Costs and Program Income. The Transit Provider agrees to
support all costs charged to the Project, including any approved services contributed by the
Transit Provider or others, with properly executed payrolls, time records, invoices,
contracts, or vouchers describing in detail the nature and propriety of the charges. The
Transit Provider also agrees to maintain accurate records of all program income derived
from implementing the Project, except certain income determined by FTA to be exempt
from the general federal program income requirements.
«Name» c<MGA»
PTN MGA Page 3 of 21 Attachment A
SECTION 4. REPORTING, RECORD RETENTION, AND ACCESS
A. Record Retention. The Transit Provider agrees to maintain intact and readily accessible all
data, documents, reports, records, contracts, and supporting materials relating to the
Project as the State or the federal government may require during the course of the Project
and for four years thereafter.
B. Access to Records. Upon request, the Transit Provider agrees to permit and require its
Transit Providers to permit the U.S. Secretary of Transportation, the Comptroller General of
the United States, and the State, or their authorized representatives, to inspect all Project
work, materials, payrolls, and other data, and to audit the books, records, and accounts
pertaining to the Project.
C. Project Close-out. Project close-out does not alter the reporting and record retention
requirements of this Agreement.
SECTION 5. COSTS REIMBURSED
The Transit Provider understands and agrees that Project costs eligible for participation must
comply with all the following requirements:
1. Conform with the Approved Project Description, the Project Budget, and all other terms of
the agreement;
2. Are necessary in order to accomplish the Project;
3. Are reasonable for the goods or services purchased;
4. Are actual net costs to the Transit Provider (i.e., the price paid minus any refunds, rebates,
or other items of value received by the Transit Provider that have the effect of reducing the
cost actually incurred, excluding program income);
5. Are incurred within the agreement time period;
6. Are satisfactorily documented;
7. Are treated consistently in accordance with accounting principles and procedures approved
by the State;
8. Are eligible under state and federal law, regulation, rule, or guidelines for participation; and
9. Unless permitted otherwise by federal statute or regulation, comply with the: (1) U.S. Office
of Management and Budget (OMB) Circular A-87, Revised, "Cost Principles for State and
Local Governments" if the Transit Provider is a local government or an Indian tribal
government; (2) OMB Circular A-21, Revised, "Cost Principles for Educational Institutions"
if the Transit Provider is an institution of higher education; (3) OMB Circular A-122,
Revised, "Cost Principles for Non -Profit Organizations" if the Transit Provider is a private
nonprofit organization; or (4) Federal Acquisition Regulation, 48 CFR Chapter I, Subpart
31.2, "Contracts with Commercial Organizations" if the Transit Provider is a for -profit
organization. Additionally, the Transit Provider shall comply with the requirements of the
Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the
coverage stipulated in OMB Circular A-133.
SECTION 6. CIVIL RIGHTS
The Transit Provider agrees to comply with all applicable civil rights statutes and implementing
regulations including, but not limited to, the following:
A. Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42
U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C.
§ 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and
aName» «MGA»
PTN MGA Page 4 of 21 Attachment A
federal transit law at 49 U.S.C.§ 5332, the Transit Provider agrees that it will not
discriminate against any employee or applicant for employment because of race, color,
creed, national origin, sex, age, or disability. In addition, the Transit Provider agrees to
comply with applicable federal implementing regulations and other implementing
requirements FTA may issue.
B. Equal Employment Opportunity - The following equal employment opportunity requirements
apply to the underlying contract-
1. Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights
Act, as amended, 42 U.S.C. § 2000e, and federal transit laws at 49 U.S.C. § 5332, the
Transit Provider agrees to comply with all applicable equal employment opportunity
requirements of U.S. Department of Labor regulations, "Office of Federal Contract
Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 CFR
Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment
Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order
11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and
supplemented in the Department of Labor Regulations (41 CFR Part 60) and with any
applicable federal statutes, executive orders, regulations, and federal policies that may
in the future affect construction activities undertaken in the course of the Project. The
Transit Provider agrees to take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard to their
race, color, creed, national origin, sex, or age. Such action shall include, but not be
limited to, the following: employment, upgrading, demotion or transfer, recruitment or
recruitment advertising, layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. In addition, the
Transit Provider agrees to comply with any implementing requirements FTA may issue.
2. Acme - In accordance with section 4 of the Age Discrimination in Employment Act of
1967, as amended, 29 U.S.C. § 623 and federal transit law at 49 U.S.C. § 5332, the
Transit Provider agrees to refrain from discrimination against present and prospective
employees for reason of age. In addition, the Transit Provider agrees to comply with any
implementing requirements FTA may issue.
3. Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as
amended, 42 U.S.C. § 12112, the Transit Provider agrees that it will comply with the
requirements of U.S. Equal Employment Opportunity Commission, "Regulations to
Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29
CFR Part 1630, pertaining to employment of persons with disabilities. In addition, the
Transit Provider agrees to comply with any implementing requirements FTA may issue.
C. Requirements. The Transit Provider also agrees to include these requirements in each
subcontract financed in whole or in part with federal assistance provided by FTA, modified
only if necessary to identify the affected parties.
SECTION 7. BUS REQUIREMENTS
The Transit Provider agrees to comply with the following:
A. Charter Service Operations. The Transit Provider agrees to comply with 49 U.S.C. 5323(d)
and 49 CFR Part 604, which provides that recipients and Transit Providers of FTA
assistance are prohibited from providing charter service using federally funded equipment
or facilities if there is at least one private charter operator willing and able to provide the
Aame» « MGA»
PTN MGA Page 5 of 21 Attachment A
service, except under one of the exceptions at 49 CFR 604.9. Any charter service provided
under one of the exceptions must be "incidental," i.e., it must not interfere with or detract
from the provision of mass transportation.
B. School Bus Operations. Pursuant to 69 U.S.C. 5323(f) and 49 CFR Part 605, recipients
and Transit Providers of FTA assistance may not engage in school bus operations
exclusively for the transportation of students and school personnel in competition with
private school bus operators unless qualified under specified exemptions. When operating
exclusive school bus service under an allowable exemption, recipients and Transit
Providers may not use federally funded equipment, vehicles, or facilities.
SECTION 8. PROCUREMENT
To the extent applicable, the Transit Provider agrees to comply with the following third party
procurement requirements:
A. Federal Standards. The Transit Provider agrees to comply with FTA Circular 4220.1 E,
"Third Party Contracting Requirements," including any revision or replacement of it, and
applicable federal regulations or requirements, including FTA third party contracting
regulations when promulgated. The FTA Best Practices Procurement Manual provides
additional procurement guidance. Nevertheless, be aware that the FTA Best Practices
Procurement Manual is focused on procurement processes and may omit certain federal
requirements applicable to the work to be performed.
B. Buy America.
1. The Transit Provider agrees to comply with 49 U.S.C. § 53230) and 49 CFR Part 661,
which provide that federal funds may not be obligated unless steel, iron, and
manufactured products used in FTA-funded projects are produced in the United States,
unless a waiver has been granted by FTA or the product is subject to a general waiver.
General waivers are listed in 49 CFR § 661.7, and include final assembly in the United
States for 15 passenger vans and 15 passenger wagons produced by Chrysler
Corporation, microcomputer equipment, software, and small purchases (currently less
than $100,000) made with capital, operating, or planning funds. Separate requirements
for rolling stock are set out at § 53230)(2)(C) and 49 CFR § 661.11. Rolling stock not
subject to a general waiver must be manufactured in the United States and have a 60
percent domestic content.
2. A bidder or offeror must submit to the FTA recipient the appropriate Buy America
certification with all bids on FTA-funded contracts, except those subject to a general
waiver. Bids or offers that are not accompanied by a completed Buy America
certification must be rejected as nonresponsive. This requirement does not apply to
lower tier subcontractors.
C. Exclusionary or Discriminatory Specifications. Apart from inconsistent requirements
imposed by federal statute or regulations, the Transit Provider agrees to comply with the
requirements of 49 U.S.C. §5323(h)(2) by refraining from using any federal assistance
awarded by FTA to support procurements using exclusionary or discriminatory
specifications.
D. Bus Seat Specifications. The Transit Provider may use specifications conforming with the
requirements of 49 U.S.C. §5323(e) to acquire bus seats.
E. Clean Air and Clean Water. The Transit Provider agrees to include in third party contracts
exceeding $100,000 adequate provisions to ensure that Project participants report the use
«Name» ((MGAH
PTN MGA Page 6 of 21 Attachment A
of facilities placed or likely to be placed on EPA's "List of Violating Facilities," refrain from
using violating facilities, report violations to FTA and the Regional EPA Office, and comply
with the inspection and other applicable requirements of:
1. Section 114 of the Clean Air Act, as amended, 42 U.S.C. §7414, and other applicable
provisions of the Clean Air Act, as amended, 42 U.S.C. §7401 et seq.; and
2. Section 308 of the federal Water Pollution Control Act, as amended, 33 U.S.C. §1318,
and other provisions of the Federal Water Pollution Control Act, as amended, 33 U.S.C.
§1251 et seq.
F. Preference for Recycled Products. To the extent applicable, the Transit Provider agrees to
comply with U.S. Environmental Protection Agency "Comprehensive Procurement
Guidelines for Products Containing Recovered Materials," 40 CFR Part 247, implementing
section 6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C.
§6962, and otherwise provide a competitive preference for products and services that
conserve natural resources and protect the environment and are energy efficient.
G. Architectural, Engineering, Design, or Related Services. When procuring architectural,
engineering, or related services, the Transit Provider agrees to comply with the provisions
of 49 U.S.C. §5325(b), either by negotiating for those services in the same manner as a
contract for architectural and engineering services is negotiated under Title IX of the
Federal Property and Administrative Services Act of 1949, as amended, 40 U.S.G. §541 et
seq., or by using an equivalent qualifications -based requirement of the State. When,
awarding contracts for architectural, engineering, or related services, the Transit Provider
agrees to accept undisputed audits conducted by other governmental agencies, in
accordance with 23 U.S.C. §112(b)(2) (C) through (F). To the extent the Transit Provider
qualifies for an exception in accordance with 49 U.S.C. §5325(b), however, this subsection
does not apply.
H. Award to Other than the Lowest Bidder. In accordance with 49 U.S.C. §5325(c), a Transit
Provider may award a third party contract to a party other than the lowest bidder, when
such an award furthers objectives consistent with the purposes of 49 U.S.C. Chapter 53
and any implementing regulations, directives, circulars, manuals, or other guidance FTA
may issue and is consistent with state law.
I. Rolling Stock. In acquiring rolling stock, the Transit Provider agrees as follows:
1. Method of Acquisition. The Transit Provider may award a third party contract for rolling
stock based on initial capital costs, performance, standardization, life cycle costs, and
other factors, or based on a competitive procurement process, in accordance with 49
U.S.C. §5326(c).
2. Multi -year Options. In accordance with 49 U.S.C. §5326(b)(1), a Transit Provider may
procure rolling stock using financial assistance appropriated for 49 U.S.C. Chapter 53
using a contract with an option, not to exceed 5 years after the date of the original
contract, to purchase additional rolling stock or replacement.
3. Pre -Award and Post -Delivery Requirements. The Transit Provider agrees to comply
with the requirements of 49 U.S.C. §5323(m) and FTA regulations, "Pre -Award and
Post -Delivery Audits of Rolling Stock Purchases," 49 CFR Part 663, and any revision to
it.
4. Bus Testing. To the extent applicable, the Transit Provider agrees to comply with the
requirements of 49 U.S.C. §5323(c) and FTA regulations, "Bus Testing," 49 CFR Part
665, and any revision to it.
-blame)) -KMGA»
PTN IVIGA Page 7 of 21 Attachment A
J. Bonding. To the extent applicable, the recipient agrees to comply with the following
bonding requirements.
1. Construction Activities. The Transit Provider agrees to provide bid guarantee, contract
performance, and payment bonding to the extent deemed adequate by FTA and
applicable federal regulations, and comply with any other bonding requirements FTA
may issue.
2. Other Activities. The Transit Provider agrees to comply with any other bonding
requirements or restrictions FTA may impose.
K. National Intelligent Transportation Systems Architecture and Standards. The Transit
Provider agrees to conform, to the extent applicable, to the National Intelligent
Transportation Standards architecture in compliance with section 5206(e) of TEA-21, 23
U.S.C. §502 note, and with FHWAIFTA's "Transportation Equity Act for the 21 st Century;
the Interim Guidance on Conformity with the National Intelligent Transportation Systems
Architecture and Standards," 63 Fed. Reg. 70443 et seq., December 21, 1998, and other
subsequent federal directives that may be issued.
L. Fly America Requirements. The Transit Provider agrees to comply with 49 U.S.C. § 40118
(the "Fly America" Act) in accordance with the General Services Administration's
regulations at 41 CFR Part 301-10, which provide that recipients of federal funds and their
subcontractors are required to use U.S. Flag air carriers for U.S Government -financed
international air travel and transportation of their personal effects or property, to the extent
such service is available, unless travel by foreign air carrier is a matter of necessity, as
defined by the Fly America Act. The Transit Provider shall submit, if a foreign air carrier
was used, an appropriate certification or memorandum adequately explaining why service
by a U.S. flag air carrier was not available or why it was necessary to use a foreign air
carrier and shall, in any event, provide a certificate of compliance with the Fly America
requirements. The Transit Provider agrees to include the requirements of this section in all
subcontracts that may involve international air transportation.
M. Cargo Preference. Use of United States -Flag Vessels - The Transit Provider agrees:
1. To use privately owned United States -Flag commercial vessels to ship at least 50
percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo
liners, and tankers) involved, whenever shipping any equipment, material, or
commodities pursuant to the underlying contract to the extent such vessels are
available at fair and reasonable rates for United States -Flag commercial vessels;
2. To furnish within 20 working days following the date of loading for shipments originating
within the United States or within 30 working days following the date of leading for
shipments originating outside the United States, a legible copy of a rated, "on -board"
commercial ocean bill -of -lading in English for each shipment of cargo described in the
preceding paragraph to the Division of National Cargo, Office of Market Development,
Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the
Transit Provider in the case of a subcontractor's bill -of -lading).
3. To include these requirements in all subcontracts issued pursuant to this contract when
the subcontract may involve the transport of equipment, material, or commodities by
ocean vessel.
«Name» «MGAH
PTN MGA Page 8 of 21 Attachment A
SECTION 9. LEASES
A. Capital Leases. To the extent applicable, the Transit Provider agrees to comply with FTA
regulations, "Capital Leases," 49 CFR Part 639, and any revision to it.
B. Leases Involving Certificates of Participation. The Transit Provider agrees to obtain FTA
concurrence before entering into a leasing arrangement involving the issuance of
certificates of participation in connection with the acquisition of any capital asset.
C. Cross -Border Leases. To the extent applicable, the Transit Provider agrees to comply with
FTA Circular 7020.1, "Cross -Border Leasing Guidelines," April 26, 1990, in connection with
the acquisition of capital assets involving a cross -border lease.
SECTION 10. PATENT RIGHTS
A. General. If any invention, improvement, or discovery of the Transit Provider or any of its
third party subcontractors is conceived or first actually reduced to practice in the course of
or under the Project, and that invention, improvement, or discovery is patentable under the
laws of the United States of America or any foreign country, the Transit Provider agrees to
notify FTA immediately and provide a detailed report.
B. Federal Rights. The Transit Provider agrees that its rights and responsibilities, and those of
each third party contractor at any tier pertaining to that invention, improvement, or
discovery will be determined in accordance with applicable state and federal laws,
regulations, including any waiver of it. Absent a determination in writing to the contrary by
the state and federal government, the Transit Provider agrees to transmit to the State and
FTA those rights due the state and federal government in any invention, improvement, or
discovery resulting from that third party contract as specified in U.S. Department of
Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small
Business Firms Under Government Grants, Contracts and Cooperative Agreements," 37
CFR Part 401 (implementing the Presidential Memorandum [Statement] on Government
Patent Policy to the Heads of Executive Departments and Agencies, dated February 18,
1983, 19 Weekly Comp. Pres. Doc. 252-253, Feb. 28, 1983), irrespective of the status of
the Recipient, any Transit Provider, or any third party contractor at any tier (i.e., a large
business, small business, State government or State instrumentality, local government,
nonprofit organization, institution of higher education, individual, etc.).
SECTION 11. RIGHTS IN DATA AND COPYRIGHTS
A. Definition. The term "subject data" used in this section means recorded information,
whether or not copyrighted, that is delivered or specified to be delivered under the
agreement. Examples include, but are not limited to: computer software, standards,
specifications, engineering drawings and associated lists, process sheets, manuals,
technical reports, catalog item identifications, and related information. The term "subject
data" used in this section does not include financial reports, cost analyses, or similar
information used for Project administration.
B. State and Federal Restrictions. Except for its own internal use, the Transit Provider may
not publish or reproduce subject data in whole or in part, or in any manner or form, nor may
the Transit Provider authorize others to do so, without the written consent of the state and
federal government, until such time as the state and federal government may have either
released or approved the release of such data to the public unless the Transit Provider is
an institution of higher learning.
«Name» «MGA»
PTN MGA Page 9 of 21 Attachment A
C. Federal Rights in Data and Copyrights. The Transit Provider agrees to provide to the State
and Federal Government a royalty -free, non-exclusive and irrevocable license to
reproduce, publish, or otherwise use, and to authorize others to use, for state and federal
government purposes the "subject data." As used in the previous sentence, "for state and
federal government purposes," means use only for the direct purposes of the state and
federal government. Without the copyright owner's consent, the state and federal
government may not extend to other parties the state or federal government's license to:
1. Any subject data developed under the agreement or under a third party contract
financed by the agreement, whether or not a copyright has been obtained; and
2. Any rights of copyright to which a Transit Provider or a third party contractor purchases
ownership with federal assistance.
D. Special Rights in Data for Research, Development, Demonstration, and Special Studies
(Planning) Projects. FTA's and the State's purpose in providing financial assistance for a
special studies (planning), research, development, or demonstration Project, is to increase
transportation knowledge, rather than limit the benefits of the Project to participants in the
Project. Therefore, unless FTA and the State determine otherwise, the Transit Provider of
financial assistance to support a research, development, demonstration, or a special
studies (planning) Project agrees that, in addition to the rights in data and copyrights of this
agreement, FTA and the State may make available to any FTA recipient, Transit Provider,
third party contractor, or third party subcontractor, either FTA's or the State's license in the
copyright to the subject data or a copy of the subject data. If the Project is not completed
for any reason whatsoever, all data developed under that Project shall become subject data
and shall be delivered as the FTA and the State may direct. This Subsection does not
apply to adaptations of automatic data processing equipment or programs for the Transit
Provider's use whose costs are financed with federal funds for capital Projects.
E. Hold Harmless. Except as prohibited or otherwise limited by law, the Transit Provider
agrees to indemnify, save, and hold harmless the sate and the federal government and its
officers, agents, and employees acting within the scope of their official duties against any
liability, including costs and expenses, resulting from any willful or intentional violation by
the Transit Provider of proprietary rights, copyrights, or right of privacy, arising out of the
publication, translation, reproduction, delivery, use, or disposition of any data furnished
under the Project.
F. Restrictions on Access to Patent Rights. Nothing in this section shall imply a license to the
state and the federal government under any patent or be construed to affect the scope of
any license or other right otherwise granted to the federal government under any patent.
G. Statutory Requirements to Release Data. The Transit Provider understands and agrees
that data and information submitted may be required to be made available for dissemination
under the Texas Public Information (Government Code, Chapter 552) or Freedom of
Information Act, or other federal statute(s) in accordance with implementation instructions
contained in 49 CFR §19.36, revised March, 2000, to the extent applicable, and any
subsequent applicable state or federal requirements that may be promulgated.
SECTION 12. USE OF REAL PROPERTY, EQUIPMENT, AND SUPPLIES
Unless otherwise approved by FTA, the Transit Provider agrees to comply with the following
requirements with respect to real property, equipment, and supplies:
u Nameu «MGA»
PTN MGA Page 10 of 21 Attachment A
A. Use of Property. The Transit Provider agrees to use Project real property, equipment, and
supplies for appropriate Project purposes (which may include joint development purposes
that generate program income, both during and after the award period used to support
transit activities) for the duration of the useful life of that property, as required by FTA.
Should the Transit Provider unreasonably delay or fail to use Project property during the
useful life of that property, the Transit Provider agrees that it may be required to return the
entire amount of the federal assistance expended on that property. The Transit Provider
further agrees to notify FTA immediately when any Project property is withdrawn from
Project use or when Project property is used in a manner substantially different from the
representations made in the Application or the Project Description for the Grant Agreement.
B. General Federal Requirements. A Transit Provider that is a State, a local government, or
an Indian tribal government agrees to comply with property management standards of 49
CFR §§18.31 through 18.34, including any amendments to it, and other applicable
guidelines or regulations the federal government may issue. A Transit Provider that is an
institution of higher education, or a private nonprofit organization, agrees to comply with 49
CFR §§19.30 through 19.37, including any amendments to it, and other applicable
guidelines or regulations the federal government may issue. Any exception to the
requirements of 49 CFR §§18.31 through 18.34, and to 49 CFR §§19.30 through 19.37,
requires the express approval of the state and federal government. A Transit Provider that
is a for -profit organization agrees to comply with property management standards
satisfactory to FTA. Nevertheless, FTA has established specific reimbursement
requirements for premature dispositions of certain Project equipment (i.e., when Project
equipment is withdrawn from appropriate use before the expiration of the equipment's
useful life established by FTA).
C. 5310 Program. The Transit Provider, where practical, shall make available the vehicle
purchased under this program to provide transportation to other elderly persons and
persons with disabilities beyond the Transit Provider's own clients when not being used for
grant -related purposes. According to FTA C 9070.1 E, the Transit Provider shall also
provide transportation to the general public on an incidental basis if such service does not
interfere with transportation services for the general elderly and disabled public.
D. Maintenance. The Transit Provider agrees to maintain Project real property and equipment
in good operating order, in compliance with any guidelines, directives, or regulations the
State or FTA may issue.
E. Records. The Transit Provider agrees to keep satisfactory records regarding the use of
Project real property, equipment, and supplies, and submit to the FTA upon request such
information as may be required to assure compliance.
F. Encumbrance of P_roiect Property. The Transit Provider agrees to maintain satisfactory
continuing control of Project real property or equipment. Thus, absent written authorization
by FTA permitting otherwise:
1. Written Transactions. The Transit Provider agrees to refrain from executing any
transfer of title, lease, lien, pledge, mortgage, encumbrance, third party contract, grant
anticipation note, alienation, or any other obligation that in any way would affect the
federal or state interest in any Project real property or equipment.
2. Oral Transactions. The Transit Provider agrees to refrain from obligating itself in any
manner to any third party with respect to Project real property or equipment.
«Name» ((MGA))
PTN MGA Page 11 of 21 Attachment A
3. Other Actions. The Transit Provider agrees to refrain from taking any action that would
either adversely affect the federal or state interest or impair the State's continuing
control of the use of Project real property or equipment.
G. Transfer of Proiect Property. The Transit Provider understands and agrees as follows:
1. Transit Provider Request. The Transit Provider may transfer assets financed with
federal assistance authorized for 49 U.S.C. Chapter 53 to a public body to be used for
any public purpose with no further obligation to the federal government, provided the
transfer is approved by the State and Federal Transit Administrator and conforms with
the requirements of 49 U.S.C. §5334(g)(1) and (2).
2. Direction. The Transit Provider agrees that the State may direct the disposition of, and
even require the Transit Provider to transfer title to, any real property, equipment, or
supplies financed with federal assistance.
3. Leasing Proiect Property to Another Party. If the Transit Provider leases any Project
asset to another party, the Transit Provider agrees to retain ownership of the leased
asset, and assure that the lessee will use the Project asset appropriately, either through
a "Lease and Supervisory Agreement" between the Transit Provider and lessee, or
another similar document. Upon request, the Transit Provider agrees to provide a copy
of any relevant documents.
H. Disposition of Proiect Property. With prior FTA and State approval, the Transit Provider
may sell, transfer, or lease Project property and use the proceeds to reduce the gross
project cost of other eligible capital transit projects to the extent permitted by 49 U.S.C.
§5334(g)(4). Nevertheless, the Transit Provider agrees that the State may establish the
useful life for Project property, and that the Transit Provider will use Project property
continuously and appropriately throughout that useful life.
1. Proiect Property Whose Useful Life Has Expired. When the useful life of Project
Property has expired, the Transit Provider agrees to comply with FTA's and the State's
disposition requirements.
2. Proiect Property Prematurely Withdrawn from Use. For property withdrawn from
appropriate use before its useful life has expired, the Transit Provider agrees as follows:
a. Notification Requirement. The Transit Provider agrees to notify the State
immediately when any Project real property, equipment, or supplies are prematurely
withdrawn from appropriate use, whether by planned withdrawal, misuse, or casualty
loss.
b. Calculating the Fair Market Value of Prematurely Withdrawn Protect Property. The
Transit Provider agrees that the federal government retains a federal interest in the
fair market value of Project property prematurely withdrawn from mass
transportation use. The amount of the federal interest in the property shall be
determined on the basis of the ratio of the federal assistance awarded by the federal
government for the property to the actual cost of the Property. The Transit Provider
agrees that the fair market value of property prematurely withdrawn from use will be
calculated as follows:
i. Equipment and Supplies. Unless otherwise determined in writing by the State,
fair market value shall be calculated by straight-line depreciation of the
equipment or supplies, based on the useful life of the equipment or supplies
established or approved by the state. The fair market value of equipment and
supplies shall be the value immediately before the occurrence prompting the
«Name» «MGA»
PTN MGA Page 12 of 21 Attachment A
withdrawal of that property from use. In the case of equipment or supplies lost or
damaged by fire, casualty, or natural disaster, the fair market value shall be
calculated on the basis of the condition of that property immediately before the
fire, casualty, or natural disaster, irrespective of the extent of insurance
coverage. As authorized by 49 CFR §18.32(b), the state may use its own
disposition procedures, provided that those procedures comply with the state's
laws.
ii. Real Property. The Transit Provider agrees that the fair market value of real
property shall be determined either by competent appraisal based on an
appropriate date approved by the federal government, as provided by 49 CFR
Part 24, or by straight line depreciation, whichever is greater.
iii. Exceptional Circumstances. The State reserves the right to require the use of
another method of determining the fair market value of property. In unusual
circumstances, the Transit Provider may request that another reasonable
valuation method be used including, but not limited to, accelerated depreciation,
comparable sales, or established market values. In determining whether to
approve such a request, the state may consider any action taken, omission
made, or unfortunate occurrence suffered by the Transit Provider with respect to
the preservation or conservation of project property withdrawn from appropriate
use.
c. Obligations. Unless otherwise approved in writing by the State, the Transit Provider
is required to remit to the State the Federal interest in the fair market value of
Project real property, equipment, or supplies prematurely withdrawn from
appropriate use. In the case of fire, casualty, or natural disaster, the Transit Provider
may fulfill its responsibilities with respect to the federal interest remaining in the
damaged equipment or supplies by either:
i. Investing an amount equal to the remaining federal interest in like -kind
equipment or supplies that are eligible for assistance within the scope of the
Project that provided financial assistance for the damaged equipment or
supplies; or
ii. Returning an amount equal to the remaining federal interest in the damaged
property.
I. Misused or Damaged Proiect Property. If any damage to Project real property, equipment,
or supplies results from abuse or misuse of that property occurring with the Transit
Provider's knowledge and consent, the Transit Provider agrees to restore that real property
or equipment to its original condition or refund the value of the federal interest in the
damaged property, as the State may require.
J. Obligations After Proiect Close-out. A Transit Provider that is a state, local, or indian tribal
government agrees that Project close-out will not alter its property management obligations
and applicable State and Federal rules and regulations and other FTA requirements or
directives.
SECTION 13. INSURANCE
In addition to any other insurance requirements that may apply in connection with the Project,
the Transit Provider agrees as follows:
«Name)) «MGA»
PTN MGA Page 13 of 21 Attachment A
A. Minimum Requirements. At a minimum, the Transit Provider agrees to comply with the
insurance requirements normally imposed by the laws, regulations, and ordinances
imposed by its State and local governments. For construction and/or repair contracts, the
Transit Provider shall comply with insurance requirements as established in 49 CFR Part
18.
B. Flood Hazards. To the extent applicable, the Transit Provider agrees to comply with the
flood insurance purchase requirements of section 102(a) of the Flood Disaster Protection
Act of 1973, 42 U.S.C. §4012a(a), with respect to any Project activity involving construction
or acquisition having an insurable cost of $10,000 or more.
SECTION 14. RELOCATION
When relocation of individuals or businesses is required, the Transit Provider agrees to comply
with the following requirements:
A. Relocation Protections. The Transit Provider agrees to comply with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970, as amended, 42 U.S.C.
§4601 et seq.; and U.S. DOT regulations, "Uniform Relocation and Real Property
Acquisition for Federal and Federally Assisted Programs," 49 CFR Part 24, which provide
for fair and equitable treatment of persons displaced or whose property is acquired as a
result of federal and federally assisted programs. These requirements apply to all interests
in real property acquired for Project purposes regardless of federal participation in
purchases.
B. Nondiscrimination in Housing. The Transit Provider agrees to comply with Title VIII of the
Civil Rights Act of 1968, 42 U.S.C. §3601 et seq. and Executive Order No. 12892,
"Leadership and Coordination of Fair Housing in Federal Programs: Affirmatively
Furthering Fair Housing," 42 U.S.C. §3608 note, when carrying out its responsibilities to
provide housing used to meet federal relocation requirements.
SECTION 15. REAL PROPERTY
For Projects involving real property, the Transit Provider agrees as follows:
A. Land Acquisition. The Transit Provider agrees to comply with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970, as amended, 42 U.S.C.
§4601 et seq.; and U.S. DOT regulations, "Uniform Relocation and Real Property
Acquisition for Federal and Federally Assisted Programs," 49 CFR Part 24. These
requirements apply to all interests in real property acquired for Project purposes regardless
of federal participation in purchases.
B. Covenant Assuring Nondiscrimination. The Transit Provider agrees to include a covenant
in the title of the real property to assure nondiscrimination during the useful life of the
Project.
C. Recording Title to Real Property. To the extent required by the State and FTA, the Transit
Provider agrees to record the state and federal interest in the title of real property.
D. Approval of Changes in Real Property Ownership, The Transit Provider agrees that it will
not dispose of, modify the use of, or change the terms of the real property title, or other
interest in the site and facilities without permission and instructions from the State.
SECTION 16. CONSTRUCTION
For activities involving construction, the Transit Provider agrees as follows:
«Dame» ((MGA))
PTN MGA Page 14 of 21 Attachment A
A. Drafting, Review, and Approval of Construction Plans and Specifications. To the extent
required by the State, the Transit Provider agrees to comply with State requests pertaining
to the drafting, review, and approval of construction plans and specifications.
B. Supervision of Construction. The Transit Provider agrees to provide and maintain
competent and adequate engineering supervision at the construction site to ensure that the
complete work conforms to the approved plans and specifications.
C. Construction Reports. The Transit Provider agrees to provide progress reports and such
other information as may be required by the State.
D. Project Management for Major Capital Proiects. The Transit Provider agrees to comply
with FTA regulations, "Project Management Oversight," 49 CFR Part 633, and any revision
to it, applicable to a Major Capital Project.
E. Seismic Safety. The Transit Provider agrees to comply with the U.S. DOT regulations at 49
CFR Part 41, Executive Order No. 12699, "Seismic Safety of Federal and Federally -
Assisted or Regulated New Building Construction," 42 U.S.C. §7704 note, pursuant to the
Earthquake Hazards Reduction Act of 1977, as amended, 42 U.S. C. §7701 et seq.,
pertaining to seismic safety in DOT assisted construction projects (specifically, 49 CFR
§41.117), and with any implementing guidelines FTA may issue.
SECTION 17. EMPLOYEE PROTECTIONS
A. Construction Activities. The Transit Provider agrees to comply, and assures the
compliance of each contractor to any tier, with the following employee protection
requirements for construction employees:
1. Davis -Bacon Act, as amended, 40 U.S.C. §276a - 276a (7), FTA's enabling legislation
requiring compliance with the Davis -Bacon Act, at 49 U.S.C. §5333(a), and U.S. DOL
regulations, "Labor Standards Provisions Applicable to Contracts Governing Federally
Financed and Assisted Construction (also Labor Standards Provisions Applicable to
Non -construction Contracts Subject to the Contract Work Hours and Safety Standards
Act)," 29 CFR Part 5;
2. Contract Work Hours and Safety Standards Act, as amended, particularly with the
requirements of section 102 of the Act, 40 U.S.C. §327 - 332; and U.S. DOL
regulations, "Labor Standards Provisions Applicable to Contracts Governing Federally
Financed and Assisted Construction (also Labor Standards Provisions Applicable to
Non -construction Contracts Subject to the Contract Work Hours and Safety Standards
Act)," 29 CFR Part 5; and with section 107 of the Act, 40 U.S.C. §333, and U.S. DOL
regulations, "Safety and Health Regulations for Construction," 29 CFR Part 1926; and
3. Copeland "Anti -Kickback" Act, as amended, 18 U.S.C. §874 and 40 U.S.C. §276c, and
U.S. DOL regulations, "Subcontractors on Public Building or Public Work Financed in
Whole or in part by Loans or Grants from the United States," 29 CFR Part 3.
B. Activities Not Involving Construction. The Transit Provider agrees to comply, and assures
the compliance of subcontractors at any tier, with any applicable employee protection
requirements for non -construction employees of section 102 of the Contract Work Hours and
Safety Standards Act, as amended, 40 U.S.C. §327 - 332, and U.S. DOL regulations, "Labor
Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted
Construction (also Labor Standards Provisions Applicable to Non -construction Contracts
Subject to the Contract Work Hours and Safety Standards Act)," 29 CFR Part 5.
<<NameD aMGA*
PTN MGA Page 15 of 21 Attachment A
C. State and Local Government Employees. The Transit Provider agrees that the minimum
wage and overtime provisions of the Fair Labor Standards Act, as amended, 29 U.S.C.
§§206 and 207, apply to employees performing Project work involving commerce, and
apply to any State or local government employees that are public transit authority
employees. Thus, the Transit Provider, agrees to comply with the Fair Labor Standards
Act's minimum wage and overtime requirements for employees performing Project work.
D. Transit Employee Protective Arrangements. If transit employee protective arrangements
required by U.S. DOL apply to transit operations performed in connection with the Project,
the Transit Provider agrees to comply with the applicable requirements for its Project as
follows:
1. Standard Transit Employee Protective Arrangements. To the extent that the Project
involves transit operations, the Transit Provider agrees to implement the Project in
compliance with terms and conditions the U.S. Secretary of Labor has determined to be
fair and equitable to protect the interests of any employees affected by the Project and
that meet the requirements of 49 U.S.C. §5333(b), and of the U.S. DOL guidelines,
"Section 5333(b), Federal Transit Law," 29 CFR Part 215 and any amendments to it.
These terms and conditions are identified in U.S. DOL's certification of transit employee
protective arrangements to FTA. The Transit Provider agrees to implement the Project
in compliance with the conditions stated in that U.S. DOL certification. That U.S. DOL
certification and any documents cited within it are incorporated by reference. The
requirements of this paragraph do not apply to Projects for the elderly and persons with
disabilities that are authorized by 49 U.S.C. §5310(a)(2). Projects for capital investment
as authorized by 49 U.S.C. §5309 or non -urbanized areas that are authorized by 49
U.S.C. §5311; separate requirements for those Projects are contained in Subsections
17.D(2) and 17.D(3) of this Agreement.
2. Transit Employee Protective Arrangements for Projects for Elderly and Persons with
Disabilities Authorized by 49 U.S.C. §5310(a)(2). To the extent that the U.S. Secretary
of Transportation has determined or determines in the future that employee protective
arrangements required by 49 U.S.C. §5333(b) are necessary or appropriate for a public
body Transit Provider under the Project, the Transit Provider agrees to carry out the
Project in compliance with the terms and conditions determined by the Secretary of
Labor necessary to meet the requirements of 49 U.S.C. §5333(b), and the U.S. DOL
guidelines, "Section 5333(b), Federal Transit Law," at 29 CFR Part 215, and any
amendments to it. These terms and conditions are identified in U.S. DOL's certification
of transit employee protective arrangements to FTA. The Transit Provider agrees to
implement the Project in compliance with the conditions stated in that U.S. DOL
certification. That U.S. DOL certification and any documents cited within it are
incorporated by reference and made part of this Agreement.
3. Transit Employee Protective Arrangements for Capital Investment Projects Authorized
by 49 U.S.C. §5309 and Projects in Non -urbanized Areas Authorized by 49 U.S.C.
5311. The Transit Provider agrees to comply with the terms and conditions of the
Special Warranty for the Capital Investment and Non -urbanized Area Programs agreed
to by the Secretaries of Transportation and Labor, dated May 31, 1979, U.S. DOL
implementing procedures, and any revisions to it.
«Name» c<MGA»
PTN MGA Page 16 of 21 Attachment A
SECTION 18. ENVIRONMENTAL REQUIREMENTS
The Transit Provider recognizes that many federal and state laws imposing environmental and
resource conservation requirements may apply to the Project. Some, but not all, of the major
federal laws that may affect the Project include: the National Environmental Policy Act of 1969,
as amended, 42 U.S.C. §4321 et seq.; the Clean Air Act, as amended, 42 U.S.C. §7401 et seq.
and scattered sections of 29 U.S.C.; the Federal Water Pollution Control Act, as amended, 33
U.S.C. §1251 et seq.; the Resource Conservation and Recovery Act, as amended, 42 U.S.C.
§6901 et seq.; and the Comprehensive Environmental Response, Compensation, and Liability
Act, as amended, 42 U.S.C. §9601 et seq. The Transit Provider also recognizes that U.S.
EPA, FHWA and other Federal agencies have issued, and in the future are expected to issue,
regulations, guidelines, standards, orders, directives, or other requirements that may affect the
Project. Thus, the Transit Provider agrees to comply, and assures the compliance of each
Transit Provider and each contractor, with any such federal requirements as the federal
government may now or in the future promulgate. Listed below are requirements of particular
concern to FTA and the State. The Transit Provider agrees that those laws and regulations do
not constitute the State's entire obligation to meet all federal environmental and resource
conservation requirements.
A. Use of Public Lands. The Transit Provider agrees that no publicly owned land from a park,
recreation area, or wildlife or waterfowl refuge of national, State, or local significance as
determined by the federal, state, or local officials having jurisdiction of it, or any land from a
historic site of national, state, or local significance may be used for the Project unless FTA
makes the specific findings required by 49 U.S.C. §303.
B. Coastal Zone Management. The Transit Provider agrees to assure Project consistency
with the approved State management program developed under the Coastal Zone
Management Act of 1972, as amended, 16 U.S.C. §1451 et seq.
C. Environmental Justice. The Transit Provider agrees to comply with the policies of
Executive Order No. 12898, "Federal Actions to Address Environmental Justice in Minority
Populations and Low-income Populations," 42 U.S.C. §4321 note.
SECTION 19. ENERGY CONSERVATION
The Transit Provider agrees to comply with the mandatory energy efficiency standards and
policies within the applicable State energy conservation plans issued in compliance with the
Energy Policy and Conservation Act, 42 U.S.C. §6321 et seq.
SECTION 20. STATE MANAGEMENT AND MONITORING SYSTEMS
The Transit Provider agrees to comply with applicable requirements of joint FHWA/FTA
regulations, "Management and Monitoring Systems," 23 CFR Parts 500 and 49 CFR Part 614,
to the extent applicable.
SECTION 21. PRIVACY ACT
Contracts Involving Federal Privacy Act Requirements. The following requirements apply to
the Transit Provider and its employees that administer any system of records on behalf of the
federal government under any contract:
A. The Transit Provider agrees to comply with, and assures the compliance of its employees
with, the information restrictions and other applicable requirements of the Privacy Act of
1974, 5 U.S.C. § 552a. Among other things, the Transit Provider agrees to obtain the
«Name» <(MGAn
PTN MGA Page 17 of 21 Attachment A
express consent of the Federal Government before the Transit Provider or its employees
operate a system of records on behalf of the Federal Government. The Transit Provider
understands that the requirements of the Privacy Act, including the civil and criminal
penalties for violation of that Act, apply to those individuals involved, and that failure to
comply with the terms of the Privacy Act may result in termination of the underlying
contract.
B. The Transit Provider also agrees to include these requirements in each subcontract to
administer any system of records on behalf of the federal government financed in whole or
in part with federal assistance provided by FTA.
SECTION 22. NOT APPLICABLE
SECTION 23. METRIC SYSTEM
As required by U.S. DOT or FTA, the Transit Provider agrees to use the metric system of
measurement in its Project activities, pursuant to the Metric Conversion Act, as amended by
the Omnibus Trade and Competitiveness Act, 15 U.S.C. §205a et seq.; Executive Order No.
12770, "Metric Usage in Federal Government Programs," 15 U.S.C. §205a note; and other
U.S. DOT or FTA regulations, guidelines, and policies. To the extent practicable and feasible,
the Transit Provider agrees to accept products and services with dimensions expressed in the
metric system of measurement.
SECTION 24. STATE SAFETY OVERSIGHT OF RAIL FIXED GUIDEWAY PUBLIC
SYSTEMS
To the extent applicable, the Transit Provider agrees to comply with 49 U.S.C. §5330, and FTA
regulations, "Rail Fixed Guideway Systems; State Safety Oversight," 49 CFR Part 659, and
any guidance that FTA or U.S. DOT may issue to implement 49 U.S.C. §5330.
SECTION 25. SEAT BELT USE
Pursuant to Executive Order No. 13043, April 16, 1997, 23 U.S.C. §402, the Transit Provider is
encouraged to adopt on-the-job seat belt use policies and programs for its employees when
operating company -owned, rented, or personally -operated vehicles and include this provision
in third party contracts, entered into under this Project.
SECTION 26. SPECIAL REQUIREMENTS FOR URBANIZED AREA FORMULA PROJECTS
The following requirements apply to all Projects financed with federal assistance authorized for
49 U.S.C. §5307:
A. Fares and Services. Before raising fares or instituting a major reduction of service, the
Transit Provider agrees to use its established administrative process to solicit and consider
public comment.
B. Audit Requirements. The Transit Provider agrees that the state or federal government may
conduct or require the Transit Provider to engage an independent entity to conduct annual
or more frequent reviews and audits required by 49 U.S.C. §5307(i) and applicable
regulations or guidelines that the federal government may issue.
C. Half -Fare Requirements. The Transit Provider agrees that the fares or rates charged the
elderly and persons with disabilities during nonpeak hours for transportation using or
involving Project facilities and equipment will not exceed one-half of the rates that generally
«Name» «MGA»
PTN MGA Page 18 of 21 Attachment A
apply to other persons at peak hours, whether the operation of such facilities and
equipment is by the Transit Provider or another entity under lease or otherwise. The
Transit Provider agrees to give the rate required by this agreement to any person
presenting a Medicare card duly issued to that individual pursuant to Title II or Title XVIII of
the Social Security Act, 42 U.S.C. §401 et seq., and 42 U.S.C_ §1395 et. seq.
D. Procurement of an Associated Capital Maintenance Product. In accordance with the terms
of 49 U.S.C. §5326(d), the Transit Provider may, without prior federal approval, procure an
eligible associated capital maintenance product by contract directly with the original
supplier or manufacturer of the item to be replaced, provided that the Transit Provider: (1)
first certifies in writing that such manufacturer or supplier is the only source of that item and
the price of that item is no higher than the price paid for that item by like customers, and (2)
complies with applicable Buy America statutory and regulatory requirements.
E. Transit Security. Each fiscal year, the Transit Provider agrees to spend at least one 1.
percent of its funds authorized by 49 U.S.C. §5307 for transit security Projects, unless the
Transit Provider has certified to FTA that such expenditures are not necessary.
F. Restrictions on the Use of Formula Assistance for Operations. A Transit Provider permitted
to use federal assistance authorized for 49 U.S.C. §5307 to support operations agrees as
follows:
1. To comply with the restrictions of 49 U.S.C. §5307(b)(1) and 5307(f) in using urbanized
area formula funds for operating assistance, unless permitted otherwise by FTA.
2. Financial assistance authorized by 49 U.S.C. §5307 may be applied to the Net Project
Cost of the Transit Provider's operating expenses incurred during the Project time
period set forth in the Project Budget and, with FTA approval, may be extended to a
later date to the extent permitted by law, provided that the applicable operating
assistance limitation is not exceeded.
G. Reporting Requirements. For each fiscal year, the Transit Provider agrees to conform, and
assures that any transit operator to which the Transit Provider provides funds authorized by
49 U.S.C. §5307 will conform, to the reporting system and the uniform system of accounts
and records required by 49 U.S.C. §5335(a) for FTA's national transit database and FTA
regulations, "Uniform System of Accounts and Records and Reporting System," 49 CFR
Part 630, which includes various reports required for FTA's national transit database.
H. Criminal Sanctions. The criminal sanctions of 49 U.S.C. §1001 apply to any submission or
certificate provided for the Urbanized Area Formula Program authorized by 49 U.S.C.
§5307.
SECTION 27. NOT APPLICABLE
SECTION 28. SPECIAL REQUIREMENTS FOR JOB ACCESS AND REVERSE COMMUTE
GRANT PROJECTS
The Transit Provider agrees to comply with following requirements in administering Projects
financed with federal assistance authorized for section 3037 of TEA-21, 49 U.S.C. §5309 note:
A. General Requirements. The Transit Provider agrees to comply with any applicable federal
requirements or guidance that may be issued to implement the Job Access and Reverse
Commute Grant Program, authorized by section 3037 of TEA 21, 49 U.S.C. §5309 note.
B. Restrictions on the Use of Grant Funds. The Transit Provider agrees that it will not use any
grant funds awarded for Section 3037 Projects to support the costs of planning or
«Name» <cMGA»
PTN MGA Page 19 of 21 Attachment A
coordination activities, in compliance with section 3037(e) of TEA-21, 49 U.S.C. §5309
note.
SECTION 29. SPECIAL REQUIREMENTS FOR OVER -THE -ROAD BUS ACCESSIBILITY
PROJECTS
The Transit Provider agrees to comply with following requirements in administering Projects
financed with federal assistance authorized for section 3038 of TEA-21, 49 U.S.C. §5310 note:
A. General Requirements. The Transit Provider agrees to comply with any applicable federal
requirements or guidance that may be issued to implement the Over -the -Road Bus
Accessibility Program authorized by section 3038 of TEA-21, 49 U.S.C. §5310.
B. Special Requirements. The Transit Provider agrees to comply with U.S. DOT regulations,
"Transportation Services for Individuals with Disabilities (ADA)," 49 CFR Part 37, Subpart
H, "Over -the -Road Buses," and joint U.S. Architectural and Transportation Barriers
Compliance Board/U.S. DOT regulations, "Americans With Disabilities (ADA) Accessibility
Specifications for Transportation Vehicles," 36 CFR Part 1192 and 49 CFR Part 38.
C. FTA Notice. The provisions of FTA Notice, "Over -the -Road Bus Accessibility Program
Grants," 65 Fed. Reg. 2772-2786 (January 18, 2000), and any subsequent revision to it,
supersede conflicting provisions of this Agreement.
SECTION 30. DISPUTES, BREACHES, DEFAULTS, OR OTHER LITIGATION
The Transit Provider agrees that the State and FTA has a vested interest in the settlement of
any dispute, breach, default, or litigation involving the Project. Accordingly:
A. Notification. The Transit Provider agrees to notify the State of any current or prospective
major dispute, breach, default, or litigation that may affect the state or federal government's
interests in the Project or the administration or enforcement of laws or regulations. If the
Transit Provider seeks to name the State or the Federal Government as a party to litigation
for any reason, in any forum, the Transit Provider agrees to inform the State before doing
so.
B. Federal Interest in Recovery. The Federal Government retains the right to a proportionate
share, based on the percentage of the federal share awarded for the Project, of proceeds
derived from any third party recovery, except that the Transit Provider may return any
liquidated damages recovered to its Project Account in lieu of returning the federal share to
the federal government.
C. Enforcement. The Transit Provider agrees to pursue all legal rights within any third party
contract.
D. State and FTA Concurrence. The State and FTA reserve the right to concur in any
compromise or settlement of any claim involving the Project and the Transit Provider.
E. Termination for Convenience.
1. General Provision. The State may terminate this contract at any time by written notice
to the Transit Provider when it is in the Government's best interest. The Transit
Provider shall be paid its costs, including contract close-out costs, and profit on work
performed up to the time of termination. The Transit Provider shall promptly submit its
termination claim to the State to be paid the Transit Provider. If the Transit Provider has
any property in its possession belonging to the State, the Transit Provider will account
for the same, and dispose of it in the manner the State directs.
«Name» «MGA»
PTN MGA Page 20 of 21 Attachment A
2. Professional or Transit Service Contracts. The State, by written notice, may terminate
this contract when it is in the Government's interest. If this contract is terminated, the
State shall be liable only for payment under the payment provisions of this contract for
services rendered before the effective date of termination.
((Name» KMGA))
PTN MGA Page 21 of 21 Attachment A
CITY OF LUBBOCK
AGENDA ITEM SUMMARY
II. CONSENT AGENDA
ITEM #/SUBJECT:
# Consider a resolution authorizing the Mayor to sign the Master Grant Agreement
#512XXF7081 between the City of Lubbock and the Texas Department of Transportation.
(Citibus)
BACKGROUND DISCUSSION:
In an effort to streamline the grant application process, the Texas Department of Transportation
has developed a Master Grant Agreement that will be used for all TxDOT grants that are
executed each year. The Master Grant Agreement will remain in effect until August 31, 2016.
FISCAL IMPACT:
There is no funding that will be awarded from the Master Grant Agreement; when funds are
available from any of the programs administered by TxDOT, specific grant agreements will be
filed. This will result in no additional cost to the City of Lubbock.
SUMMARY/RECOMMENDATION:
Citibus recommends the approval of the resolution giving approval of the Master Grant
Agreement #512XXF7081