HomeMy WebLinkAboutAGENDA REPORT 1995 1115 CC REG ITEM 08G /Lew 6c_ge , 680
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CITY OF MOORPARK
CITY COUNCIL REPORT
TO: The Honorable City Council
FROM: Mary K. Lindley,Assistant to the City Manager
DATE: November 3, 1995 itp
4 J
SUBJECT: Consider Cooperative Agreement with VCTC for Section 9 Federal
Transportation Administration Funding
Background
The City Council is being asked to approve a cooperative agreement with the Ventura County
Transportation Commission (VCTC) for Section 9 Federal Transportation Administration funding
for the purchase of the City's new bus.
On March 15, 1995, the City Council approved the purchase of a bus costing $57,132.19. The
funding source identified by the Council was Section 9 FTA funds which requires a 20 percent match.
In addition, City Council allocated $11,426.44 in local TDA funds to serve as the City's match.
Because the Section 9 grant application process takes approximately nine months, the City Council
designated the use of TDA funds to pay for the initial cost of purchasing the bus. This action was
taken with the anticipation of reimbursing the IDA funds upon receipt of the Section 9 grant.
VCTC a designated recipient of FTA Section 9 funds and has agreed to file for the funds on behalf
of the City. Because the FTA requires grant recipients and subrecipients to follow federal regulations
when expending federal funds, VCTC had drafted the attached agreement that provides it with
assurances that the City of Moorpark will abide by those regulations.
The Agreement states that VCTC will carry out the administrative requirements necessary to reserve,
apply for, and receive FTA fund. In return, the City of Moorpark agrees that it will remain in
compliance with all federal regulations (equal employment, disadvantaged business enterprise,
competitive procurement, Civil Rights Act, & ADA).
VCTC has similar existing agreements with the County and the cities of Thousand Oaks and
Camarillo.
Recommendation
Staff recommends that the City Council approve the attached Cooperative Agreement with VCTC
for Section 9 Federal Transportation Administration funds, and direct the Mayor to sign the
Agreement on behalf of the City.
oviutr,51
FROM VCTC 11.07. 1995 11:01 P. 2
COOPERATIVE AGREEMENT
BETWEEN
VENTURA COUNTY TRANSPORTATION COMMISSION
AND
THE CITY OF MOORPARK
•
THIS AGREEMENT is entered into between Ventura County Transportation
Commission (hereinafter referred to as VCTC) and the City of Moorpark
(hereinafter referred to as CITY) regarding the administration of the Department of
Transportation (DOT) and Federal Transit Administration (FTA) funds for use in the
provision of transit service by CITY. _
WHEREAS, Chapter 53 of title 49, United States Code, as amended, - -
authorizes the Secretary of Transportation to apportion funds for public
transportation projects in urbanized areas for planning capital, and operating
assistance purposes; and,
WHEREAS, VCTC serves as the designated federal grant recipient and
administrator of federal funds apportioned by FTA for the Oxnard-Ventura-
Thousand Oaks urbanized area; and,
WHEREAS, the CITY, which is within the Simi Valley/Moorpark urbanized
area, engages VCTC to apply for FTA funds on behalf of the CITY; and,
WHEREAS, VCTC authorized VCTC staff to apply for FTA funds on behalf
of local agencies including the CITY; and,
WHEREAS, it is the intention of VCTC to enter into this Cooperative
Agreement with the CITY regarding the administration of FTA funds, as a mutually
acceptable agreement Is a pre-condition of acceptance of FTA funding;
NOW THEREFORE THE PARTIES DO AGREE AS FOLLOWS:
I. FUNDING/PROGRAM MANAGEMENT
1. Assignments of Participants: VCTC hereby agrees to engage the CiTY and
the CITY hereby agrees to carry out the work hereinafter described in
connection with the administration of FTA funds. The CITY will
CleSZ
NOV 7 '95 11:53 805 642 4860 PAGE.002 7 -9-5-
FROM VCTC 11.07. 1995 11:02 P. 3
Cooperative Agreement
Page Two
be responsible for assuring that the CITY meets all grant requirements
placed on federal fund recipients.
2. Scope of Services:
A. Grant Administration: VCTC agrees to carry out the administrative
requirements necessary to reserve, apply for and receive FTA funds.
B. Contract Administration: CITY hereby agrees that the CITY is In
compliance with all the DOT assurances and requirements as
described in FTA Circular 9030.1A and as listed under Section iI of
this Agreement.
3. Duration of Agreement: The term of this Agreement shall commence on
•
and continue until the earlier of the following
events; (1) the grants) has/have been exhausted, or (2) the Agreement is
terminated by either party after thirty (30) days written notice.
4. Amendments to Agreement: The provisions of this Agreement may be
amended upon written acceptance and ratification of any such amendment
by both VCTC and the CITY.
5. Method of Payment: VCTC, as the grant applicant, shall receive payment
from FTA In accordance with FTA grant procedures. VCTC will transfer the
funds to the CITY within thirty (30) days upon the CITY's submittal of an
invoice for capital equipment: provided, however, that If VCTC has not
received funds from FTA for the funding of the capital equipment/planning
expense covered by any such Invoice when such invoice is received from
the CITY by VCTC, VCTC will transfer funds to the CiTY for any such
invoice within five (5) working days after receipt by VCTC of such funds
from FTA.
The CiTY shall establish and maintain an accounting system as prescribed
under state law and in accordance with generally accepted accounting
principles and practices. All accounting records shall readily provide a
breakdown of costs charged to this Agreement, and such records, together
with supporting documents, shall be maintained for a period of three years
upon completion of a satisfactory independent financial audit.
OeOOS3
NOV ? '95 11:54 805 642 4860 PARR P07
FROM VCTC 11.07. 1995 14:21 P. 2
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Cooperative Agreement
Page Three
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6. Annual Audit: The CITY shall obtain an independent auditor on an annual
basis to determine and report on whether the CITY has internal control
systems that reasonably assure It is managing Federal assistance programs
in compliance with applicable laws and regulations in accordance with OMB
Circular A-128 "Single Audit Act of 1984," or any revision or supplement
thereto.
II. FEDERAL REQUIREMENTS
The CITY and CONTRACTOR (defined as any entity or individual under contract
with The CITY to provide equipment, supplies and/or services funded with_
DOT/FTA funds) shall note that the following provisions apply to grants-in=aid
from DOT, and the CITY/CONTRACTOR must take all necessary action to ensure
their compliance as though they were the grantee directly. Further, the CITY
agrees to include the FTA mandated contract and solicitation provisions required
by federal law and regulations in all third party contracts/subcontracts with FTA
funds as applicable. VCTC will furnish the CITY with the required provisions.
1. Equal Employment Opportunity.
During the performance of this Agreement, the CITY shall not discriminate
against any employee or applicant for employment on the basis of race,
color, religion, political belief, marital status, age, national origin, sex, or
handicap not limiting the ability of the person to perform the Job
contemplated. The CITY shall take affirmative action to ensure that
applicants are employed, and that employees are treated during
employment without regard to their race, color, marital status, religion,
political belief, age, national origin, sex, or any handicap not limiting the
ability of the person to perform the Job contemplated. Such action shall
include but not be limited to the following: employment, upgrading,
demotion, or transfer; recruitment, or recruitment advertising; layoff or
termination; rates or pay or other forms of compensation; and selection of
training, including apprenticeship. Such shall be in compliance with
Executive Order 11246 amended by Executive Order 11375 and as
supplemented in Department of Labor regulations (41 CFR, Part 60). The
CITY agrees to post In conspicuous places, available to employees and
NOV 7 '95 15:14 805 642 4860 PAGE.002
FROM VCTC 11.07. 1995 11:04
P. 5
Cooperative Agreement
Page Four
applicants for employment, notices setting forth the provisions of the Equal
Opportunity Clause. Any license issued to the CONTRACTOR and/or any
other document which authorizes the CONTRACTOR to operate transit
services funded with federal funds shall contain a provision that requires
the CONTRACTOR to comply with the provisions of this paragraph. •
2. Disadvantaged Business Enterprise (DBE)/Women Business Enterprise - -
(WBE).
In connection with the performance of this Agreement, the CITY will
cooperate with VCTC in meeting the requirements of 49 CFR Part 23 as _-
amended and adhere to the policy to ensure that DBE/WBE enterprises as - --
defined in 49 CFR Part 23, as amended, have maximum opportunity to _ -
•
participate in the performance of contracts and subcontracts financed in
whole or in part with funds provided under this Agreement. In this regard all
recipients or contractors shall take all necessary and reasonable steps to
ensure that DBE/WBE have preference in competing for and performing
contracts. Recipients and their contractors shall not discriminate on the
basis of color, race, national origin, or sex in the award and performance of
DOT assisted contracts.
3. Procurement.
The CITY shall comply with applicable Procurement Standards of 49 CFR
18.36 or 49 CFR 19.40 through 19.48; and with supplementary directives
or regulations, including FTA Circular 4220.1C and any changes or revisions
thereto; and other applicable guidance that FTA or DOT may
issue.
4. Substance Abuse Policy
The CITY shall, to the extent required, comply with DOT regulations, "Drug-
Free Workplace Requirements (Grants)," 49 CFR Part 29, Subpart F; FTA
regulations, "Prevention of Prohibited Drug Use in Transit Operations," 49
CFR Part 653; DOT regulations, "Procedures for Transportation Workplace
Drug Testing Programs," 49 CFR 40; and FTA regulations, "Prevention of
Alcohol Misuse in Transit Operations," 49 CFR Part 654.
•
o 00eS5
NOV 7 '95 11:56 805 642 4860 PAGE.005
FRUM VCIC 11.07. 1995 11:05 P. 6
Cooperative Agreement
Page Five
5. Audit, Inspection & Record Retention •
The CITY agrees to permit the Secretary and the Controller General of the
United States, or their authorized representative, to inspect all project work,
materials, payrolls, and other data, and to audit the books, records, and
accounts of the CITY and its CONTRACTORS pertaining to the project.
The CITY also agrees, and shall require that its CONTRACTOR(s) agree, to
maintain all required records relating to this project for at least three (3)
years after final payment by CITYNCTC and all other pending matters are
closed. -
6. -"Buy America" Provisions - -
The CITY shall comply with FTA regulations, "Buy America Requirements -
Surface Transportation Assistance Act of 1982," 49 CFR-Part 661 and any
amendments thereto, and any implementing guidance Issued by FTA, with
respect to each third party contract funded with ETA funds.
7. Debarred Bidders •
•
Unless otherwise permitted by law, any person that is debarred, suspended,
or voluntarily excluded may not take part in any covered transaction, either
as a participant or a principal, during the period of debarment, suspension,
or voluntary exclusion. Accordingly, neither FTA nor Its recipients may
enter Into any transaction with such debarred, suspended, or voluntarily
excluded persons during such period. The CITY shall complete and submit
to VCTC the certification In Attachment A for Itself and its principals for
each FTA grant application submitted by VCTC in connection with CITY
projects.
The CITY shall require that the CONTRACTOR, including any of Its officers
or holders of a controlling interest, inform the CITY whether or not It is or
has been or is on any debarred, suspended, proposed for debarment, or
declared ineligible list, or voluntarily excluded from participation In any
Federal Contracts. Should the CONTRACTOR be Included on such a list
during the performance of the project, it shall so inform the CITY. The
CITY shall require each potential contractor for a major third party contract
0000(-3G
NOV 7 '95 11:57 805 642 4860 PAGE.006
FROM VCTC 11.07. 1995 11:06 P. 7
Cooperative Agreement
Page Six
($100,000) to complete the certification in Attachment A for itself and Its
principals, and require contractors and subcontractors to complete
Attachment B for Itself and Its principals.
8. Title VI of the Civil Rights Act of 1964.
During the performance of this Contract, the CiTY, for itself, its assignees
and successors In interest agree as follows:
A. Compliance with Regulations: the CITY shall comply with the
Regulations relative to nondiscrimination In federally-assisted -
programs of the Department of Transportation (hereinafter, "DOT")
Title 49, C odeMay Federal Regulations, Part 21, as they ay be
amended from time to time, (hereinafter referred to as the
Regulations), which are herein incorporated by reference and made a
part of this contract. -
B. Nondiscrimination: the CITY, with regard to the work performed by It
during the contract, shall not discriminate on the grounds of race,
color or national origin In the selection and retention of contractors or
subcontractors, including procurement of materials and leases of
equipment. The CONTRACTOR shall not participate either directly or
indirectly in the discrimination prohibited by Section 21.5 of the
Regulations, including employment practices when the contract
covers a program set forth In Appendix B of the Regulation.
C. Solicitation for Subcontractors, Including Procurement of Materials
and Equipment: In all solicitations either by competitive bidding or
negotiation made by the CITY for work to be performed under a
subcontract, including procurement of materials or leases of
equipment, each potential subcontractor or supplier shall be notified
by the CITY otthe Contractor's obligations under this contract and
regulations relative to non-discrimination on the grounds of race,
color or national origin.
D. information and Reports: The CITY shall require that the
CONTRACTOR provide all information and reports required by the
Regulations or directives Issued pursuant thereto, and permit access
NOV 7 '95 11:59 RAS F,d7 dRAM Aor= MM.7
FROM VCTC 11.07. 1995 11:07 P. 8
Cooperative Agreement
Page Seven
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to its books, record, accounts, other sources of information, and its
facilities as may be determined by FTA to be pertinent to ascertain
compliance with such regulations, orders and instructions. Where -
any information required of a CONTRACTOR is in the exclusive
possession of another who fails or refuses to furnish this information,
the CONTRACTOR shall so certify to VCTC or FTA as appropriates _ - --
and shall set forth what efforts It has made to obtain the Information.E. Sanctions for Noncompliance: In the event of the CONTRACTOR's
noncompliance with nondiscrimination provisions of this contract,
VCTC shall impose contract sanctions as it or the FTA may determine _
to be appropriate, including,-but not limited to:
a. withholding of payments to the CITY until the CONTRACTOR
complies; and/or;
b. cancellation, termination, or suspension of the Contract, In
whole or in part.
F. incorporation of Provisions: The CITY shall include the provisions of
paragraphs "A" through "E" In every contract/subcontract, except
contracts/subcontracts for standard commercial supplies or raw
materials and construction contracts. The CITY shall take such
reasonable action with respect to any subcontract or procurement as
VCTC or FTA may direct as a means of enforcing such provisions
including sanctions for noncompliance: provided, however, that, in
the event a CONTRACTOR becomes Involved In, or is threatened
with, litigation with a subcontractor or supplier as a result of such
direction, the CITY may request VCTC, and in addition, the CITY may
request the United States to enter into such litigation to protect the
interest of the United States.
9. Section 15 Requirement
As required under Section 15(b) of the Federal Transit Act, the CITY, as a
beneficiary of a Section 9 Grant, is subject to the Section 15 Reporting
System and Uniform System of Accounts and Records, as further
prescribed in FTA regulations (49 CFR Part 630). The CITY may request a
waiver from this requirement.
OU(rlS8
NOV 7 '95 12:00 805 642 4860 PAGE.008
FROM VCTC 11.07. 1995 11:08 P. 9
Cooperative Agreement
Page Eight
10. Rolling Stock Requirements
The CITY shall acquire and maintain rolling stock purchased with FTA funds
in conformance with FTA rolling stock guidelines outlined in ETA Circular
9030.1A and further detailed In FTA Circular 5010.1A, including the
development and utilization of a bus maintenance plan, minimum insurance
requirements, as well as additional requirements.
11. Bid Protest Procedures
The CITY shall adopt a bid award Protest Procedures for Federal Grants-in-
Aid and Procurement of over $25,000 as required by FTA.
12. Pre-Award and Post-Delivery Audit
To the extent applicable, the CITY agrees to comply with FTA regulations
"Pre-Award and Post-Delivery Audits of Rolling Stock Purchases," 49 C.F.R
Part 663, and any revision thereto.
13. Accessibility of Transit System
The Americans with Disabilities Act (ADA) and Section 504 of the
Rehabilitation Act of 1973, 29 U.S.C. 794, prohibits discrimination on the
basis of handicap by recipients of federal financial assistance. This extends
to public transit service in that special efforts must be made to provide
transportation that handicapped persons, including but not limited to,
wheelchair users and semi-ambulatory person, can use.
The CiTY must ensure that rolling stock purchased for CITY service shall be
accessible to wheelchairs.
14. Lobbying Restrictions
The CITY agrees to comply with the provisions of 31 U.S.C. Section 1352,
which prohibit the use of federal funds for lobbying any official or employee
of any federal agency, or member or employee of Congress; and requires
the CONTRACTOR/SUBCONTRACTOR to disclose any lobbying of any
official or employee of any federal agency, or member or employee of
Congress in connection with federal assistance. The CITY shall complete
(JOU( ,
NOU 7 '95 12:01 905 642 4960 PQrF_rng7
FROM VCTC 11.07. 1995 11:09 P.10
Cooperative Agreement
Page Nine
and submit to VCTC standard Form -LLL, "Disclosure of Lobbying Activities"
for each grant submittal.
III. MISCELLANEOUS PROVISIONS
1. Legal Title to Vehicles
The CITY shall be the registered, legal owner of vehicles purchased with
FTA funds. VCTC will have no ownership or interest In, or responsibility
for, the vehicles either for their operation or maintenance.
1. Insurance
The CITY is responsible for providing the type and extent of insurance
coverage required by state and local laws to safeguard federally funded
equipment as stipulated in FTA Circular 501O.1A.
2. Equipment Management Records
A physical inventory of equipment purchased with federal funds must be
maintained by the CITY and the results reconciled with equipment records
at least every two years. Any differences must be Investigated to
determine the cause of the difference. In connection with this inventory,
the CITY must certify the existence, current use, and continued need for
the equipment and forward the information to VCTC when requested.
3. Indemnification.
The CITY shall protect, defend, indemnify, and hold harmless VCTC, its
officers, agents, servants, and employees, from any and all liability arising
out of, or caused by, any act or omission of CITY or its officers, agents, or
servants as a result of any act taken or failed to be taken by the CITY In its
performance pursuant to this Agreement.
NOV 7 '95 12:02 805 642 4860 PAGE.010
FROM VCTC 11.07. 1995 14:23 P. 3
Cooperative Agreement
Page Ten
CITY OF MOORPARK
Mayor, Paul Lawrason
ATTEST:
Lillian Hare
City Clerk
gmommon admin wp80mrprkco.op
NOV 7 '95 15:14
VENTURA COUNTY
TRANSPORTATION COMMISSION
Chair, David Smith
ATTEST:
Ginger Gherardl
Executive Director
** *END * **
805 642 4860 PRCE.003
FROM VCTC 11.07.1995 11:11 P.12
ATTACHMENT A
CERTIFICATION OF PRIMARY PARTICIPANT
REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS
The Primary Participant (applicant for an FTA grant or cooperative agreement, or potential
contractor for a major third party contract), certifies to the best of
its knowledge and belief, that it and its principals:
I. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency;
2. Have not within a three -year period preceding this proposal been convicted or or had a
civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal, State
or local) transaction or contract under a public transaction; violation of Federal or State
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification
or destruction of records, making false statements, or receiving stolen property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State or local) with commission of any of the offenses
enumerated in paragraph (2) of this certification; and
4. Have not within a three -year period preceding this application /proposal had one or
more public transactions (Federal, State of local) terminated for cause or default.
(If the primary participant (applicant for an FTA grant, or cooperative agreement, or potential third
party contractor) is unable to certify to any of the statements in this certification, the participation
shall attach an explanation to this certification.)
THE PRIMARY PARTICIPANT (APPLICANT FOR AN FTA GRANT OR COOPERATIVE
AGREEMENT, OR POTENTIAL CONTRACTOR FOR A MAJOR THIRD PARTY CONTRACT),
CERTIFIES OR AFFIRMS THE TRUTHFULNESS AND
ACCURACY OF THE CONTENTS OF THE STATEMENTS SUBMITTED ON OR WITH THIS
CERTIFICATION AND UNDERSTANDS THAT THE PROVISIONS OF 31 U.S.C. SECTIONS
3801 ET. SE Q. ARE APPLICABLE THERETO.
Signature and Title of Authorized Official
NOV 7 '95 12:03 805 642 4860 PAGE.012
FROM UCTC 11.07.1995 11:12 P.13
ATTACHMENT B
P
The Lower Tier Participant (potential sub - grantee or sub- recipient under an FTA project, potential
third party contractor, or potential subcontractor under a major third party contract),
, certifies, by submission of this proposal, that neither it not
its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal department or agency.
(If the Lower Tier Participant (Potential sub - grantee or sub - recipient under an FTA project, potential
third party contractor, or potential subcontractor under a major third party contract) is unable to
certify to any of the statements in this certification, such participant shall attach an explanation to this
proposal.)
THE LOWER -TIER PARTICIPANT (POTENTIAL SUB - GRANTEE OR SUB - RECIPIENT UNDER
AN FTA PROJECT, POTENTIAL THIRD PARTY CONTRACTOR, OR POTENTIAL
SUBCONTRACTOR UNDER A MAJOR THIRD PARTY CONTRACT) ,
CERTIFIES OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF THE CONTENTS OF
THE STATEMENTS SUBMITTED ON OR WITH THIS CERTIFICATION AND UNDERSTANDS
THAT THE PROVISIONS OF 31 U.S.S. SECTIONS 3801 ET- SEQ. ARE APPLICABLE
THERETO.
Signature and Title of Authorized Official
The undersigned chief legal counsel for the hereby certifies that the
has authority under State and Local law to comply with the
subject assurances and that the certification above has been legally made.
Signature of Applicant's Attorney
Date
NOV 7 '95 12:04
i u !)31
** *END * **
805 642 4860 PAGE.013