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HomeMy WebLinkAbout261792 NORTH FRONT RANGE MPO - CONTRACT - AGREEMENT MISC - NORTH FRONT RANGE METROPOLITAN PLANNING ORGANICATI�uyeci: 'Sw ^uJt�� q2 t4lL.: 2ava►mocZsl. SyQ � O 2014 Federal Transit Administration Section 5310 Funds gZoto�itLk SUBAGREEMENT u "�bS�t4Ps� ,S3�D'�r3t�tN+� N. THIS SUBAGREEMENT, made this 14 day of By and between the City of Fort Collins, Colorado (the "City") and the North Front Range Metropolitan Planning organization i(NFRMPO); (".the Subrecipient"). SECTION 1. PURPOSE OF SUBAGREEMENT. The purpose of this Subagreement is to state the terms, conditions, and mutual understandings of the. parties: as to the manner in which the. Project will be undertaken and completed,. The Project to be - undertaken is more particularly described on Exhibit A, "Scope of Work and Conditions" attachedfiereto and incorporated,herein by this reference. SECTION 2. ACCOMPLISHMENT OF THE PROJECT. A. General Requirements, The Subieciplent shall commence,carry out, and complete the Project will all practicable dispatch, in'a sound, economical, and efficient manner, in accordance with the terms and conditions of this Subagreement; and the terms and conditions of Exhibit A, "Scope of Work and Conditions" incorporated herein by this reference And all applicable laws, regulations, - and published policies. .In general, the terms of the -U.S. Department of Transportation regulations; "Uniform Administrative Requirements for Grants'and Cooperative Agreements to State and Local Governments,' 49 CX.R. Part 18, Are applicable to Projects with governmental and nongovernmental bodies. B. Application of Federal. State, and local Laws and Reeulations 1. Pursuant to Federal. State: and Local Law. In performance its obligations underthis Subagreement, the,Subredpient shall comply .with all applicable provisions of Federal, State, and local law. All limits or standards set forth in this Subagreement to be observed in the performance of the Project are, minimum requirements, and all more stringent State or local standards as outlined in the body of thls Subagreement shall be applicable. to the performance of the Project; - 2. Pursuant do'Master Agreement. In performance of Its obligations under this Subagreement, .the Subrecipient shall comply with the Master Agreement between the City and the: United States of America Department of Transportation, Federal Transit'Administration and Its corresponding Grant Agreement(collectively hereafter referred to as the "Master Agreement") out of, which Master Agreement the funds for this Subagreement arise and are hereby passed through to the Subrecipient. The City and the Subreciplent understand that,, pursuant to Section 2(D)(2) of the Master Agreement, the City may delegate any or almost.all Project responsibilities to one or more Subre.cipients but that the Recipient (City) continues'to remain responsible -to the FTA-for compliance with federal requirements. Accordingly, the Subrecipient will perform no act or,omission which places, or could place, - the City at risk of violation of the Master Agreement. Any such act or omission by the Subrecipient shall constitute a violation of the terms of this Subagreement justifying the City to terminate the same for cause pursuant to Section 3(C) hereof: By way.of emphasis, and notby way of limitation, the Subrecipient specifically Agrees to be bound according to the terms of Section 2(E)(2)(b)'of the Master Agreement pertaining to. subagreements. The Master Agreement is attached hereto and incorporated herein by this reference as Exhibit"e" and any primary responsibilities for the Project which are usually performed by the Recipient. (City) but hereby delegated to the Subrecipient must be performed by the.Subrecip6,t according to the requirements applicable to the Recipient imposed by the Master.Agreement throughout each tier to the extent appropriate. The City shall have the right to conducpaninitial audit of the Subrecipient's program to ensure that all practices and procedures are within the'FTA regulations and guidelines. It anydeficiencies are noted, the Subrecipient shall promptly' correct said deficiencies and. notify the City,of the correction. 3. Revisions I.n Laws and Regulations. The Subrecipient acknowledges; that Federal laws, regulations, policies, and�related administrative practicesapplicable to the Project on the date that this Subagreernent.is executed maybe modified from time to time: 4. Redundant Referencing/Controlling Agreement This Subagreement contains certain provisions on subject matt& which Is also addressed In the Master Agreement. The purpose of this double referencing,is to emphasize the Importance of the issues so referenced and to specifically apply the same to the Subrecipient but is not intended`to mean that the Subrecipient need only comply with those provisions contained in this Subagreement, and not those provisions contained in the Master:Agreement. To _ the extent that there is a conflict between the provisions of this Subagreement and those of the Master Agreement, the Master Agreement shall control. C. Changed Conditions of Performance. The Subrecipient agrees to notify the City immediately of any change in local conditions or any other event that may significantlyaffect its ability to perform thellProject in accordance with the terms.. of this Subagreement. to addition, the Subrecipient agrees ,to notify the City immediately of any decision, dispute, 'breach or default pertaining to the Subrecipient's conduct or litigation that may affect the City's intbrests-.in the Project or the City's administration or enforcement of applicable Federal 5laws or regulations. Before the Subrecipient may name the City as a party to litigation for any 'reason, the Subrecipient agrees to inform the City: this. provision applies to any type of litigation whatsoever, In any forum: D: No City Obligations -to TIhIrd Parties. -Absent the City's.express written consent, and not withstanding any concurrence by the City in or,approval of the award of any contract of the Subrecipient (third party contract) oCsubcontract of the,Subrecipient (third party subcontract) or the solicitatiorrthereof, the City shall not be subject to any obligations or liabilities to.third Subrecipients or third party subcontractors or.ahy other person not -a party tothisSubagreement'In connection with .the performance of. this Project. E. code of Ethics., The subrecipientagrees that no employee, officer, board member, or agent of the, Subrecipient may participate in the selection, award, or administration of a contract supported by.Federa bfunds 1f a real or apparent conflict of interest wouldbe involved. The Subrecipient agrees it will not use.these Federal funds foriobliying any official,or employee of any Federal agency or member or employee of Congress,'and will disdoseanylobbying of -any official or employee of any Federal agency, or member;or employee of Congress in connection with this Federal assistance.. The Subrecipient, also agreesto comply with the applicable ethics provisions contained in the Master Agreement. - F. ,False or. Fraudulent Statements of Claims. The-Subrecipient acknowledges that it shall*not make.a false, fictitious, or fraudulent ,claim, statement; submission, or certification tothe City in connection with the Project. The Subrecipient acknowledges and agrees that by signing this Subagreementit certifies or affirms the truthfulness and accuracy of ariV st-atementit has made, it makes,'or may make pertaining to the statements contained in any documentation relating to this Subagreement. G. Documentation of Prolect.Costs. All allowable costs Charged to the Projectshall•supported•by properly executed payrolls, time,. records, invoices; contracts, or vouchers evidencing in detail the nature of the charges. the Subrecipient also agrees;that.611 checks, payrolls, invoices, -contracts, vouchers, orders,. or other accounting documents pertaining in whole or.in part to the Project shall be clearly identified, readily accessible for auditpurposes (Exhibit C - "Monitoring Policies & Procedures"), and to the extent feasible, kept sepa(ate from documents not pertaining to the Project. H. Record_Retention. During the course .of the Project and for three years thereafter, the Subrecipient agrees to retain intact and to 'provide any data, documents, reports, records, contracts, and supporting materials relating to the Project,as the City may require. Upon request, the Subrecipient agrees to permit the Secretary of Transportationand the Comptroller General of the United States, or their authorized representatives, to inspect all Project work, materials, payrolls, and other data, and to-auditth,e books,, records, and accounts of the Spbrecipient and its sub-Subrecipients pertaining to the,Project. .I., Ineligible Bidders.. Unless otherwise permitted by the.FTA or the State, the Subrecipient will refrain from awarding any third party contract to a party Included in the't1S General: Services Administration's List of.Parties Excluded from Federal Procurement or Non - procurement Programs: - J. Prohibition Against. Discrimination in Federal'Pro¢rarns. The Subrecipient agrees twcomply with, and assure the compliance: by its third partycontractors and subcontractor's under the Project with'allrequirement of Title VI of the'Civil Rights Act of,1964. K. Equal .Emulovmerit.Opportunit_v. 'The Subrecipient agrees to comply with Federal Equal Employment Opportunity (EEO) requirements. L. AccessRecuirements for Individuals with Disabilities. The Subrecipient agrees to comply with all applicable requirements of the Americans with Disabilities Act of 1990,(ADA). M, Drug aod.Aicofiol Testing. The.Subrecipient shall conform to FTA's Drug and Alcohol'Tesiing regulations.. (These.requirements are, basically the seme'as those of the,Federal.Highway Administration-;FHWA. There ire some minordifferences in theaanctions, antl the:Subrecipientmust summarize and reports Its testing: results to the City,) N. insurance. The.Grantee shall comply with the, City's Insurance. Requirements for Contracts; a copy of Whidi`is attached hereto and incoiporated herein by reference._as Exhibit"D SECTION 3..RIGHT'OF THE CITY TO. TERMINATE. A. Termination by Its Terms. This Subagreement will terminate bT Its own' terms, as set forth In-ExhlbitrA. B. For Convenlence. The parties may rescind this Subagreementand-terminate the Project If both parties, agree that the continuation of the Project would not, produce.beneficial results commensurate with the further expenditure of funds. C. ForCause Upbn.written notice, the Subrecipient agrees that the City maysuspendor terminate all'or•part of the financial assistance provided herein if the 'Subreciplent:has violated the terms of this Subagreement, or if the City determines'the purpose of ' the statute under which the Project was authorized would not•be adequately served by continuation of Federal financial assistance for the Project. Any failure to make' reasonable progress of the Project or other violation of the Subagreement th at significantly endangers substantial performance.of the Project shall provide sufficientgrounds'forthe City to terminate this Subagreement. In general,. termination of any financial assistance under this Subagreement will not invalidate obligations properly incurred by the. Subreclie p nt and concurred in by the City, before the termination date; to •the, extent those obligations;cannot'be canceled. However,,''if the City'determines that.the Subrecipient has willfully misused Federal assistance funds by'failing to make adequate progress, falling to adhere to the terms;of this Subagreement„the City reserves the Fight to'require, the Subrecipient to-.refund'the entire amount of Federal funds provided under this Subagreement or._any lesser amount as may be determined by the City. ,. D. For Nooaopropriation of Funds. The City may terminate this Subagreement if insufficient funds are appropriated or.budgeted'or funds are otherwise unavailable to the City for meeting all or any portion of the City's obligations. SECTION 4. MDEMNIFICATION/BINDING EFFECT: A. ;indemnification.. Except as prohibited;or otherwiselimited by law; the Subrecipient agrees toindemnify,rsave and hold harmless th'e'Cityanii its officer, agents and employees acting within the scopeof-their official duties'against any liability; indudingcosjs and expenses, resulting from any negligent act. or omission or resulting from any willful or•intentional wrongful act of the Subrecipient In the performance of the'Project. B. Binding Effect1 This Subagreement sball be binding upon the parties hereto, their agents, representatives and assigns, provided, however, that this Subagreement may not be assigned by either party without the Written consent 'of the other. g IN WITNESS�WHEREDF, the parties hereto have mzo/y made and executed this Subagreement this _ day of d c S BY: Darin A[t8beI y, City Manager, Ci y of Fort Collins glx C� t%tor Terri Blackmore, Executive Director, North Front Range Transportation & Air Quality Planning Council AT7 BY: -APPROVED ASV' BY: ' . ' Deputy City of Fort Collins Attorney " E%HIBITA .SCOPE OF..WORKAND CONDITIONS j NFRMPOSAiQ Mobility Management Budget,-"FY 2014 " 2014 Budget ,temlreall budget Items: that appty to project including salaries, benefits and administrative costs. Salary: . NlobllitV Coordinator (M 50 hourly) 19,292.00 - :DirectProgram Adminlstration 2,250.00 Mobility Coordination Assistant(14.50 hourly) 7,540.00 29,082.00" 3 MCAssistont employed OIIOJ12014 - 0913912014 A Taxes: T.S% 2181.00 Benefits: Holiday. 4,064.00 Vacation 1,548.00 Sick Time. 1;448.00 ' 401(A) Medical(MC Assistant only) 33 A.00 ' 30.00 5;754:00 A. Total Salary & Benefits , - - -- ) ' 37,01700 Project Deliverables " ,Oescrrbe,project deliverables with projected costsJor eoch: Expanded Outreach to the Community -.Printed materials " including Riders .Gu tle, transit guides and MM.newsletters, guides :Online Resource Guide —Training and maintenance for new transit information and referial:portal linked: with; the Denver Regional Mobility, and Access Council. 1,200.00 Travel Training (TTI/MAX Ambassador in cooperation with Transfort, training and assistance for general public. 500.00 B. Total ProiectlslCosts - 3 200 00 Tnlal'IA + M 90,217.00 C.LocalMatch (20%). ,8,043.00 [BVi�,edPmtq CostdA"+�B -C1.: 32[374:00 5 4 2., The City will administer federal funds forthisProjechunderrthe terms of (his Subagreement;;provided that'the-federal share of-FTA funds to be,administered'by the City are made available and remain -available.. In no event shall the Cityhave'any obligation to provide federal FTA funds for the Subrecipient Share of the Project. "3. No refund'or reduction of the amount of the Subrecipient Share to be provided:iwill be allowed unless there is at the same time a refund or reduction of the federal share of a proportionate amount. - 4. Federal funds shall not be used to reimburse the Subrecipient for expenses not incurred: in cash by the Submciplent (e.g., donated orin-kind,goods.and services). B. Reimbursement eligibility. Requests for reimbursement for project,costs will be paid to the Subrecipient upon presentation of invoice(s) to the City Ifor eligible costs incurred through December 31.-2015: 'C. Contract expiration. This -contract expire upon final reimbursemenUby the City or September 30, 2017,,whichever comes first. D. Proiect Description. The Subrecipient shall perform all the Project activities generally described below. 2013 Project Funding Request: $32,174 in 2014 FTA 5310 funding to.support the projects,.actMties and salaries of a. part-time mobility coordinator in Larimer County. (See Attached Budget —Pg 2) Prolect.Description: The mobility coordinator (MC) will work on issues in Larimer County as determined by the Larimer County Mobility Council (LCMC). The MCwillserve as staff to the LCMC, initiating a variety of projects&programs. The activities are on- going &•follow the. goals'and,strategies in the NERMPO Coordinated. Public Transit/Human, Services Transportation.Plan, There are 16 primarystakeholders represented on the LCMC who are activelyinvolved in mobility management activities through -their participation:on the council; participation in training :and educational events and sub -committee work. 'Larlmer County representatives include; BATS, Co Department of Vocational Rehabilitation, Columbine Health Services, DARTAC, Foothills Gateway, Transfort; Touchstone Partners Inc.,COLT, Loveland ° Disability. Advisory Commission; SAINT, United Way and the Larimer County Department of Health& Envrionment,_Health & Human Services, Offlce.on•Aging,Sheriffs Office and the• ,Workforce Center. Larimer County Need: Justification for the funding request is based on three factors.including population,:workload/administration of the program and project support. • Lorimer County Popufotion July 2010.Census data estimates that there: are 300,637,people :in Larimer County of which approximately 265,0o0'live 'in I he NFRMPO'boundary. The'LC/MM programpartnerships are with agencies located within the MPO that serve clients throughoutLarlmer County Including rural populations outside.the three communities ofFortCollins, Loveland and Berthoud. • Lorimer County MM Progrpm Administrotion The MM program supports the LCMG adminstratively as.well as helping to facilitate the programs and projects;as indicated in the annual workplan which derives from the NFRMPO Coordinated,Pnblit Transit/Human Services Transportation Plan. The LCMC meets nonthly-and facilitation of the meetings as well as creation of all program materials are supplied by tfie NFRMPO MM program. .. • On -Going Program and Project Support to the LCMC The primary projects of the LCMC include a multi -agency travel training program, an online transit resource guide and active outreach with:LaiimerrCounty HS agencies and communities.