HomeMy WebLinkAbout122004 SHAMROCK TAXI OF FORT COLLINS - CONTRACT - AGREEMENT MISC - SHAMROCK TAXI OF FORT COLLINSAmendment
Services Agreement between The City of Fort Collins
and Shamrock Taxi of Fort Collins, Inc.
This Amendment (“Amendment”) is entered into by and between Shamrock Taxi of Fort Collins,
Inc. (the “Service Provider”) and the City of Fort Collins, Colorado (the “City”).
WHEREAS, Service Provider and the City have mutually entered into a “Dial-a-Ride”
Services Agreement dated May 22, 2014 (the “Agreement”); and
WHEREAS, the City desires to incorporate certain Federal Terms and Conditions; and
WHEREAS, Service Provider agrees to comply with the additional Federal Terms and
Conditions;
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises
herein contained, the parties agree as follows:
1. Exhibit F, Federal Terms and Conditions. The Federal Terms and Conditions shall be
amended to incorporate the following additional provisions:
CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
Background and Application
The Contract Work Hours and Safety Standards Act is codified at 40 USC 3701, et seq.
The Act applies to grantee contracts and subcontracts “financed at least in part by loans or
grants from … the [Federal] Government.” 40 USC 3701(b)(1)(B)(iii) and (b)(2), 29 CFR
5.2(h), 49 CFR 18.36(i)(6). Although the original Act required its application in any
construction contract over $2,000 or non-construction contract to which the Act applied
over $2,500 (and language to that effect is still found in 49 CFR 18.36(i)(6)), the Act no
longer applies to any “contract in an amount that is not greater than $100,000.” 40 USC
3701(b)(3) (A)(iii).
The Act applies to construction contracts and, in very limited circumstances, non-
construction projects that employ “laborers or mechanics on a public work.” These non-
construction applications do not generally apply to transit procurements because transit
procurements (to include rail cars and buses) are deemed “commercial items.” 40 USC
3707, 41 USC 403 (12). A grantee that contemplates entering into a contract to procure a
developmental or unique item should consult counsel to determine if the Act applies to that
procurement and that additional language required by 29 CFR 5.5(c) must be added to the
basic clause below.
The clause language is drawn directly from 29 CFR 5.5(b) and any deviation from the
model clause below should be coordinated with counsel to ensure the Act’s requirements
are satisfied.
Clause Language Contract Work Hours and Safety Standards
(1) Overtime requirements - No contractor or subcontractor contracting for any part of the
contract work which may require or involve the employment of laborers or mechanics
shall require or permit any such laborer or mechanic in any workweek in which he or
she is employed on such work to work in excess of forty hours in such workweek
unless such laborer or mechanic receives compensation at a rate not less than one
and one-half times the basic rate of pay for all hours worked in excess of forty hours in
such workweek.
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(2) Violation; liability for unpaid wages; liquidated damages - In the event of any
violation of the clause set forth in paragraph (1) of this section the contractor and any
subcontractor responsible therefore- shall be liable for the unpaid wages. In addition,
such contractor and subcontractor shall be liable to the United States for liquidated
damages. Such liquidated damages shall be computed with respect to each individual
laborer or mechanic, including watchmen and guards, employed in violation of the
clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar
day on which such individual was required or permitted to work in excess of the
standard workweek of forty hours without payment of the overtime wages required by
the clause set forth in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages - The (write in the name of
the grantee) shall upon its own action or upon written request of an authorized
representative of the Department of Labor withhold or cause to be withheld, from any
moneys payable on account of work performed by the contractor or subcontractor
under any such contract or any other Federal contract with the same prime contractor,
or any other federally-assisted contract subject to the Contract Work Hours and Safety
Standards Act, which is held by the same prime contractor, such sums as may be
determined to be necessary to satisfy any liabilities of such contractor or subcontractor
for unpaid wages and liquidated damages as provided in the clause set forth in
paragraph (2) of this section.
(4) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the
clauses set forth in paragraphs (1) through (4) of this section and also a clause
requiring the subcontractors to include these clauses in any lower tier subcontracts.
The prime contractor shall be responsible for compliance by any subcontractor or lower
tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this
section.
TRANSIT EMPLOYEE PROTECTIVE AGREEMENTS
Transit Employee Protective Provisions.
(1) The Contractor agrees to comply with applicable transit employee protective
requirements as follows:
(a) General Transit Employee Protective Requirements - To the extent that FTA
determines that transit operations are involved, the Contractor agrees to carry out
the transit operations work on the underlying contract in compliance with terms and
conditions determined by the U.S. Secretary of Labor to be fair and equitable to
protect the interests of employees employed under this contract and to meet the
employee protective requirements of 49 U.S.C. A 5333(b), and U.S. DOL guidelines
at 29 C.F.R. Part 215, and any amendments thereto. These terms and conditions
are identified in the letter of certification from the U.S. DOL to FTA applicable to the
FTA Recipient's project from which Federal assistance is provided to support work
on the underlying contract. The Contractor agrees to carry out that work in
compliance with the conditions stated in that U.S. DOL letter. The requirements of
this subsection (1), however, do not apply to any contract financed with Federal
assistance provided by FTA either for projects for elderly individuals and individuals
with disabilities authorized by 49 U.S.C. § 5310(a)(2), or for projects for
nonurbanized areas authorized by 49 U.S.C. § 5311. Alternate provisions for those
projects are set forth in subsections (b) and (c) of this clause.
(b) Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. §
5310(a)(2) for Elderly Individuals and Individuals with Disabilities - If the contract
involves transit operations financed in whole or in part with Federal assistance
authorized by 49 U.S.C. § 5310(a)(2), and if the U.S. Secretary of Transportation
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has determined or determines in the future that the employee protective
requirements of 49 U.S.C. § 5333(b) are necessary or appropriate for the state and
the public body subrecipient for which work is performed on the underlying contract,
the Contractor agrees to carry out the Project in compliance with the terms and
conditions determined by the U.S. Secretary of Labor to meet the requirements of
49 U.S.C. § 5333(b), U.S. DOL guidelines at 29 C.F.R. Part 215, and any
amendments thereto. These terms and conditions are identified in the U.S. DOL's
letter of certification to FTA, the date of which is set forth Grant Agreement or
Cooperative Agreement with the state. The Contractor agrees to perform transit
operations in connection with the underlying contract in compliance with the
conditions stated in that U.S. DOL letter.
(c) Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. §
5311 in Nonurbanized Areas - If the contract involves transit operations financed in
whole or in part with Federal assistance authorized by 49 U.S.C. § 5311, the
Contractor agrees to comply with the terms and conditions of the Special Warranty
for the Nonurbanized Area Program agreed to by the U.S. Secretaries of
Transportation and Labor, dated May 31, 1979, and the procedures implemented
by U.S. DOL or any revision thereto.
(2) The Contractor also agrees to include the any applicable requirements in each
subcontract involving transit operations financed in whole or in part with Federal
assistance provided by FTA.
CHARTER BUS REQUIREMENTS
Charter Service Operations - The contractor agrees to comply with 49 U.S.C. 5323(d)
and 49 CFR Part 604, which provides that recipients and subrecipients 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 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.
SCHOOL BUS REQUIREMENTS
School Bus Operations - Pursuant to 69 U.S.C. 5323(f) and 49 CFR Part 605, recipients
and subrecipients 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 subrecipients may not
use federally funded equipment, vehicles, or facilities.
DRUG AND ALCOHOL TESTING
Introduction
FTA's drug and alcohol rules, 49 CFR 655 are unique among the regulations issued by
FTA. First, they require recipients to ensure that any entity performing a safety-sensitive
function on the recipient's behalf (usually subrecipients and/or contractors) implement a
complex drug and alcohol testing program that complies with Part 655. Second, the rules
condition the receipt of certain kinds of FTA funding on the recipient's compliance with the
rules; thus, the recipient is not in compliance with the rules unless every entity that
performs a safety-sensitive function on the recipient's behalf is in compliance with the
rules. Third, the rules do not specify how a recipient ensures that its subrecipients and/or
contractors comply with them.
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Drug and Alcohol Testing
The contractor agrees to establish and implement a drug and alcohol testing program that
complies with 49 CFR Parts 655, produce any documentation necessary to establish its
compliance with Parts 655, and permit any authorized representative of the United States
Department of Transportation or its operating administrations, the State Oversight Agency
of Colorado, or the City, to inspect the facilities and records associated with the
implementation of the drug and alcohol testing program as required under 49 CFR Parts
655 and review the testing process. The contractor agrees further to certify annually its
compliance with Parts 655 before November 15th and to submit the Management
Information System (MIS) reports before March 1 to Transfort. To certify compliance the
contractor shall use the "Substance Abuse Certifications" in the "Annual List of
Certifications and Assurances for Federal Transit Administration Grants and Cooperative
Agreements," which is published annually in the Federal Register.
RECYCLED PRODUCTS
Recovered Materials - The contractor agrees to comply with all the requirements of Section
6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C.
6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and
Executive Order 12873, as they apply to the procurement of the items designated in
Subpart B of 40 CFR Part 247.
2. The Service Provider herein certifies it has complied with the above Federal Terms and
Conditions since execution of the Agreement.
Except as expressly amended by this Amendment, all other terms and conditions of the Agreement
as amended shall remain in full force and effect. In the event of a conflict between the terms of the
Agreement and this Amendment, the Amendment shall prevail.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year shown.
CITY OF FORT COLLINS:
By:
Gerry Paul
Director of Purchasing & Risk Management
Date: April 16, 2015
SHAMROCK TAXI OF FORT COLLINS, INC.
By:
Brad Whittle
Regional Vice President
Date: April 16, 2015
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