Res. No. 181-09-12990RESOLUTION NO.: 181 -09 -12990
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT
WITH MIAMI -DADE TRANSIT AGENCY FOR FEDERAL FUNDING PASS - THROUGH
ARRANGEMENTS WITH THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) OF 2009
FEDERAL TRANSIT (FTA 5307) FOR THE INSTALLATION OF TWO (2) BUS SHELTERS IN THE
AMOUNT OF $112,431.84; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the American Recovery and Reinvestment Act (ARRA) of 2009 was signed into law
by President Obama, on February 17, 2009 with the purposes of stimulation the economy by creating
jobs and improving public infrastructure;
WHEREAS, the City of South Miami is eligible to receive pass- through funds for transit
enhancements through the ARRA by way of Miami -Dade Transit; and
WHEREAS, the Mayor and City Commission wish to receive pass- through funds from the ARRA
by way of Miami -Dade Transit to be utilized for two (2) bus shelters on Sunset Drive; and
WHEREAS, the Mayor and City Commission authorize the City Manager to execute an interlocal
agreement with Miami -Dade Transit Agency for federal funding pass- through arrangements with the
American Recovery and Reinvestment Act (ARRA) of 2009 Federal Transit (FTA 5307) for the
installation of bus shelters in the amount of $112,431.84.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1: The Mayor and City Commission authorize the City Manager to execute an agreement with
Miami -Dade Transit for federal funding pass- through arrangements with the American Recovery and..
Reinvestment Act (ARRA) of 2009 Federal Transit (FTA 5307) for the installation of two (2) bus shelters
on Sunset Drive in the amount of $112,431.84.
Section 2: The attached exhibit is incorporated by reference into this resolution.
PASSED AND ADOPTED this 31zd day of November 2009.
ATTEST: a,
C TY CLERK
READ AID APPROVED AS TO
Include File Name and Path
COMMISSION VOTE: 5 -0
Mayor Feliu: Yea
Ice Mayor Beasley:
Yea
ommissioner Newman:
Yea
Commissioner Palmer:
Yea
Commissioner Sellars:
Yea
South Miami
AN•lUnericaCtly
r r
-- CITY OF SOUTH MIAMI
- INCORPOftATEb
�� o r��oa OFFICE OF THE CITY MANAGER °
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor & Members of the City Commission
Via: Roger M. Carlton, Acting City Manager,
From: Carol M. AX, Grants Writer /A inistrator
Jose Olivo, Public works Director 7
Date: November 3, 2009 Agenda Item No.:
Subject: American Recovery & Reinvestment Act Transit Funding
Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE AN INTERLOCAL AGREEMENT WITH MIAMI -DADE TRANSIT
AGENCY FOR FEDERAL FUNDING PASS - THROUGH ARRANGEMENTS
WITH THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) OF
2009 FEDERAL TRANSIT (FTA 5307) FOR THE INSTALLATION OF TWO (2)
BUS SHELTERS IN THE AMOUNT OF $112,431.84; AND PROVIDING FOR
AN EFFECTIVE DATE.
Request: To authorize the City Manager to execute an interlocal agreement with Miami -
Dade Transit for federal funding pass- through arrangements with the American
Recovery and Reinvestment Act (ARRA) of 2009 Federal Transit (FTA 3507) for
the City to install two (2) bus shelters costing a total of $112,431.84.
Reason /Need: The American Recovery and Reinvestment Act (ARRA) of 2009 was
signed into law by President Obama, on February 17`h 2009 with the
Purpose of creating jobs and improving public infrastructure, while
stimulating the economy. One of the provisions of the ARRA is for transit
system improvements. Under these improvements, the City of South
Miami is eligible to receive funding for transit infrastructure through the
local transit authority, which is Miami -Dade Transit. The grant funding
process entailed one application by Miami -Dade Transit, which included
projects from neighboring municipalities. Funding is earmarked for bus,
rail, and shelter improvements. As an enhancement to the City's
proposed project on the federal eligible road system, this item will allow
for two (2) bus shelters along Sunset Drive. There is no match required
for these funds. Project funds that are not used will be recaptured and
reallocated.
Cost: $112,431.84/ No matching required. This is a similar cost based on the
shelters previously installed along SW 62nd Ave.
Funding Source: Miami -Dade Transit
Backup Documentation:
❑ Proposed Resolution, Interlocai Agreement & Previous Resolution
Interlocal Agreement Between
Miami -Dade Transit Agency and the City of South Miami
For Federal Funding Pass - Through. Arrangements with the American Recovery
and Reinvestment Act (ARRA) of 2009 Federal Transit (FTA 5307) for the City to
Install Bus Shelters
This is an Interlocal Agreement, made and entered into by and between Miami -Dade Transit, a
department of Miami -Dade County, a political subdivision of the state of Florida, hereinafter
referred to as "the County ", and the City of South Miami, a municipal corporation of the state of
Florida, hereinafter referred to as "the City ".
WITNESSETH:
WHEREAS, Miami -Dade Transit, an Urbanized Area Formula Program grantee agrees to
pass through Federal Transit Administration (FTA) 5307 the American Recovery and
Reinvestment Act (ARRA) funding for the City of South Miami, a designated FTA funding
recipient.
WHEREAS, the City will provide the citizens of the City of South Miami by purchasing
and installing bus shelters, directly or through a General contractor, which will meet the local
needs; and
NOW, THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments
hereinafter set forth, the County and the City agree as follows:
ARTICLE 1
DEFINITIONS
1.1 "ADA" shall mean the Americans with Disabilities Act of 1990, as amended.
1.2 The American Recovery and Reinvestment Act (ARRA).,
1.3 "Contractor" shall mean any entity, public or private providing public circulator services as
described in this Agreement under contract to the City.
1.4 "The County" shall include Miami -Dade County, the Miami -Dade Transit, the Miami -Dade
Consumer Services Department, and authorized representatives thereof.
1.5 'The City" shall mean City of South Miami and authorized representatives thereof.
1.6 "FDOT" shall mean the Florida Department of Transportation and authorized
representative thereof.
1.7 "MDT" shall mean the Miami -Dade Transit and authorized representatives thereof.
1.8 "USDOT" shall refer to the U.S. Department of Transportation, its rules and regulations,
and representatives thereof.
1.9 "FTA" shall mean the Federal Transit Administration, its rules and regulations, and
representatives thereof.
1.10 "CSD" shall mean the Consumer Services Department of Miami -Dade County and
authorized representatives thereof.
1.11 "PTRD" shall refer to the Passenger Transportation Regulatory Division of CSD.
1.12 "Federal Reporting Requirements" shall mean those requirements referenced in 49 CFR
Section 5335(a), as may be amended from time to time, and found in the National Transit
Database Reporting Manual published by the FTA.
1.13 "STS ", Special Transportation Service, is the component of the conventional transit
system designed to provide comparable circulator service to disabled individuals as
mandated in the ADA.
ARTICLE 2
GENERAL REQUIREMENTS
2.1 Compliance with Applicable Laws and Regulations. The City and its contractors, if any,
shall comply with all existing and future laws, statutes, ordinances, codes, rules,
regulations, and procedural requirements, whether federal, state, or local, which are
applicable to, or in any. manner affect, the provision of shelter procurement and
installation. The City shall be responsible for obtaining copies of the appropriate laws,
regulations, ordinances, and documents and complying therewith.
2.2 Compliance with ADA. The City's bus shelters services shall comply with all applicable
requirements of the ADA. The City and the County recognize their joint obligation to
provide STS in the area served by the City's service. In fulfillment of the City's obligation,
the City hereby contracts with the County to provide STS Service for trips which have
both their origin and destination within the City bus' shelters service area, as the County
shall continue to provide such trips as part of its STS Service at no cost to the City. To
the extent that any terms in this Agreement are in conflict with the ADA, the requirements
of the ADA shall control.
2.3 Compliance with Federal Civil Rights Requirements. The City, shall comply with the
Federal Civil Rights requirements as attached, which may be modified from time to time
by, the Federal government herein (See Attachment A).
2.4 Compliance with the United States Department of Labor: The City, shall to the extent
applicable comply with the Labor Protective Agreements as attached, which may be
modified from time to time by, the Federal government herein (See Attachment B).
2.5 Compliance with Procurement Requirements. Miami -Dade County. shall receive and
review all proposals in accordance with federal and state procurement requirements, as
may be amended from time to time. Miami -Dade County's Department of Procurement
Management will forward a recommendation of contract award to the governing body of
the applicable municipalities.
2.6 County's Right to Submit Proposals and Bids. The County shall be given the opportunity
to bid upon any Requests for Proposals, Requests for Qualifications, or Requests for
Bids which the City shall issue regarding the provision of transportation service and shall
be considered, along with private contractors, for provision of services to be provided by
the City pursuant to this Agreement.
2.7 Drug -free Workplace. and Testing. In accordance with the Code of Miami -Dade County,
the City shall certify that it will have a drug -free workplace program. Further, the City shall
require pre - employment drug testing and other periodic drug testing for all persons
holding safety - sensitive positions, as defined by USDOT, related to transit. operation.
Effective upon execution of the Agreement, the City shall require that its employees or
contractor, if applicable, comply with all applicable requirements of the USDOT
reguiations.for drug and alcohol testing. To the extent that any terms in this Agreement
are inconsistent with the USDOT regulation, the requirements of the USDOT shall
control.
2.8 City Representative. The City shall designate individual(s) to act as liaison to the County
and notify the County thereof. The City shall promptly notify the County of any changes.
2.9 County Representative, The County shall designate individual(s) to act as liaison to the
City and notify the City thereof, The County shall promptly notify the City of any changes.
210 Amendments or modifications. Unless provided otherwise elsewhere in this Agreement,
amendments and modifications to this Agreement must be in writing and shall require the
signatures of the County Mayor and the City Manager, or his /her designees, subject to
authorization by their respective Boards. Notwithstanding the foregoing, amendments to
this Agreement regarding alignments, schedules, and fares, as described in Section 2-
150 (c) of the Miami -Dade County Code, may be approved by the County Manager and
the City Manager of the City of South Miami, or their designees.
ARTICLE 3
CITY OF SOUTH MIAMI BUS SHELTERS SERVICES
3.1 Use of Logo. FTA has logo uniquely identifying ARRA projects. Such logo shall at all
times be displayed on the exterior of the bus shelters pursuant to this Agreement. The
County shall allow the display of the logo on the County's bus stop.sign at all stops
common to the City and the County bus routes. The City shall be responsible for placing
the logo on the pertinent signs where space is available for such logos to be placed.
ARTICLE 4
RECORDS AND REPORTS
4.1 Reporting Requirements. The City shall collect or assure the collection.of all information
required for Federal and State reporting purposes, and shall provide collected and
compiled information to the County no less often than monthly /quarterly as required by
the County, State or FTA. The FTA through Miami -Dade County requires quarterly
Financial Status Reports (FSR), Milestones, and Ridership Reports. The City shall also
report monthly ridership performance data.
4.2 Additional Information. The.City shall provide additional information about the City
installing bus shelters operations as requested by the County within thirty (30) days,
unless a different time period is agreed upon, in writing, by the City Manager and the
County Mayor or his/her designee.
4.3 Administrative Fees.. The City shall pay the County a 5 %n flee of the FTA FY 2009 award
of $112,431.84 totaling $5,621.59 for grant administration, finance, project management,
and performance reporting. The net amount to the City is $ 106,810.25. The County shalt
be entitled to an administrative fee of 5 %n for any and all future FTA 5307 grants awarded
to the City for which the County provides grant application, grant administration, finance,
project management and performance reporting services.
4.4 National Transportation Database (Section 15) Reporting. Timely Annual Reporting
Statistics as required by the Federal Transit Administration, (FTA), National Transit
Database, as defined in the annual FTA National Transit Database Reporting Manual
and FTA Circular 271O.2A, "Sampling Procedures for Obtaining Demand Responsive
Bus System Operating Data which may be amended from time to time by the FTA
(Formerly known as Section 15 Reporting), Supporting documentation shall be
submitted to the County if requested in writing. Annual audit statement will be required
and records shall be maintained for no less than five (5) years for FTA triennial review.
4.5 Accidents and Incidents. In addition to emergency and police notifications, the City shall
be responsible for ensuring that all accidents and incidents related to the bus shelters are
promptly reported to the County and subsequently that adequate and appropriate
documentation of investigation, using National Safety Council definitions, be furnished to
the County within three (3) working days. Initial notification of accidents or incidents shall
be reported on a form approved by the County within 24 hours of occurrence. Any
accident involving major damage, serious personal injury or loss of life shall be reported
to the County within 1 hour of occurrence. Records shall be kept for at least three (3)
years for each accident a vehicle is involved in, including the repair work required to
return the vehicle to service. The City must also provide to the Miami -Dade County
Consumer Services Department (CSD); Passenger Transportation Regulatory Division
(PTRD) one (1) copy of each accident report. within 72 hours of such accident. The City
must also furnish the County all accident and incident data as required for the FTA
National Transit Database (NTD), as defined in the FTA NTD Safety and Security
Reporting Manual, including the Major Incident Report (within 30 days of occurrence) and
the Non -Major Summary Reports (monthly, before end of month following report month).
ARTICLE 5
INSURANCE
The parties hereto acknowledge that the City is a self - insured governmental entity subject to the
limitations of Section 768.28, F.S. The City shall institute and maintain a fiscally sound and
prudent risk management program with regard to its obligations under this Agreement in
accordance with the provision of Section 768.28, F.S.
ARTICLE 6
IDEMNIFICATION
6.1 The City shall, to the extent permitted by law at all times hereafter, indemnify and hold
harmless the County, and its officers, agents, employees and instrumentalities from any
and all liability, claims, losses, and causes of action, including attorneys' fees and costs
of defense which the County or its officers, employees, agents or instrumentalities may
incur as a result of claims, demands, suits, causes of actions or proceedings of any kinds
or nature arising out of, or relating to or resulting from the negligence of the City and /or
its officers, employees, agents or instrumentalities,. during the term of this Agreement.
The City shall pay all claims and losses in connections therewith, and shall investigate
and defend all claims, suits or actions of any kind or nature in the name of the County,
where applicable, including appellate proceedings, and shall pay all costs, judgments and
reasonable attorneys' fees which .may issue thereon. Nothing herein shall be deemed to
indemnify the County from any liability or claim arising out of the negligent performance
or .... failure of performance of the County, its officers, employees, agents or
instrumentalities or any other related third party. This paragraph is subject to the
limitations of Section 768.28, F.S.
6.2 The County shall, to the extent permitted by law at all times hereafter, indemnify and hold
harmless the City, and its officers, agents, employees and instrumentalities from any and
all liability, claims, losses, and causes of action, including attorneys' fees and costs of
defense which the City or its officers, employees, agents or instrumentalities may incur
as a result of claims, demands, suits, causes, of actions or proceedings of any kind or
nature arising out of, or relating to or resulting from the negligence of the County and /or
its officers, employees, agents or instrumentalities, during the term of this agreement.
The County. shall pay all claims and losses in connection therewith, and shall investigate
and defend all claims, suits or actions of any kind or nature in the name of the City,
where applicable, including appellate proceedings, and shall pay all costs, judgments and
reasonable attorneys fees which may issue thereon. Nothing herein shall be deemed to
indemnify the City from any liability or claim arising out of the negligent performance or
failure of performance of the City, its officers, employees, agents or instrumentalities or
any other related third party. This paragraph is subject to the limitations of Section
768.28, F.S.
rcrrNIAH
FINANCIAL ASSISTANCE .
7.1 Grant Matching Funds. There are no matching funds required for this American
Recovery and Reinvestment Act (ARRA) FTA program.
7.2 Bus Shelters and Benches. The City shall, at its sale option, provide, install, and
maintain bus passenger shelters, benches and other bus stop furnishings, at bus stops
along the City's bus shelters service routes where the City, or its contractor, feels that
there is a need for such furnishings.
7.3 Bus Stops and Bus Bays or Pull -outs. The City shall, at its sole option, provide, install,
and maintain bus stop sites, including bus bays or pull -outs at stops along the City's bus
shelters service routes, provided that any proposed bus bays or pull -outs and any
proposed modifications or reconfigurations to existing bus bays or pull -outs shall be first
reviewed and approved by the County or State, as appropriate.
7.4 Comparable Agreements. In the event that the County enters into an Interlocal
Agreement with any other municipality for bus services, which are comparable to the
services provided herein, but upon more favorable terms for the municipality than the
terms provided herein, County agrees to amend this Agreement, if requested by the City,
to provide substantially equivalent favorable terms to the City as those provided in such
other County /Municipal Interiocal Agreements.
7.5 Financial Obligation. To the extent the FTA deducts, withholds, or deobiigates from this
or any other Federal grant as a result of any act or omission on the part of the
Municipality, Miami Dade County shall be entitled to deduct, withhold, or invoice the
Municipality from this or any other agreement between the parties in the same amount as
has been deducted, withheld or deobiigated from Miami Dade County.
ARTICLE 8
TERMS, MODIFICATIONS AND MISCELLANEOUS PROVISIONS
8.1 Term of Agreement. This Agreement shall commence upon approval of the Board of
County Commissioners and the Council of City of South Miami and the execution by the
County Mayor or his /her designee and authorized City Manager.
8.2 Renegotiation or Modification. Any substantive changes in the level of service to be
provided by the City as set forth herein shall only be implemented after the County and
the City have entered into a written agreement describing the changed services and the
provisions of the County Code have been exercised.
8.3 Title VI and VII Civil Rights Act of 1964. The City and its Contractors shall not
discriminate against any person because of race; color, sex religious background,
ancestry or national origin in the performance of the Agreement.
8.4 Termination for Cause. This Agreement may be terminated for cause by either party
upon no less than thirty (30) days written notice to the other party, except when bus
shelters operations are in violation of health and /or safety - related provisions of state
statutes or the Code of Miami -Dade County, in which case termination shall be as
determined by the County Mayor. Said notice shall be delivered by verified facsimile
transmission or certified mail, return receipt requested. The noticed party shall have the
opportunity to cure any stated cause for termination within a reasonable notice period, in
which case the terminating party may cancel the termination notice using the same
means by which the notice of termination delivered.
8.5 Termination without Cause. The County or the City may terminate this Agreement
without cause upon no less than sixty (60) days written notice to the other party. If the
County or the City terminates this Agreement with or without cause, the City agrees to
reimburse the County on a prorated basis for financial assistance it has received for the
year.
8.6 Notices. All notices and other communications required to be remitted pursuant to this
Agreement to either party hereto shall be in writing and shall be delivered by verified
facsimile transmission or certified mail, return receipt requested, to the parties at the
address indicated below:
FOR MIAMI -DADE COUNTY:
Miami -Dade Transit Agency
701 N.W. First Court, Suite 1700
Miami, FL 33136
Attention: Director; Miami -Dade Transit
Fax: 786.469.5580
FOR CITY OF SOUTH MIAMI:
City of South Miami
Attention: Ajibola Balogon, City Manager
87 Name of Payee. The name of the official payee to whom the County shall issue checks
shall be City of South Miami.
8.8 Complete and Binding Agreement. This writing embodies the full and complete
Agreement of the parties. No other terms, conditions or modifications shall be binding
upon the parties unless in writing and signed by the parties.
8.9 Execution. This document shall be executed in four (4) counterparts, each of which shall
be deemed an original.
8.10 Governing Law. This Agreement shall be construed in accordance with the laws of the
State of Florida.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the
respective dates under each signature:
WAVETWIN
County Clerk
y'�y WPm�.I
FOR THE COUNTY:
Miami -Dade County,
A political subdivision of the State of Florida
By *f'
County m ion rs
AIL,
(� County' f`�An�Wc' f
Approved as to Form and Legal Sufficiency
Assistant County Attorney
ATTEST:
Date Executed:
FOR THE CITY:
City of South Miami
A political subdivision of the State of
Florida
Y
ity Clerk City Manager
Date Executed: t4oy• x0047
Approved a t Form and Legal Suf ' ncy
6y:
�2 �r, ye o o-�
City Attorney
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI -DADE }
I, HARVEY RUVIN, Clerk of the Circuit and County Courts, in and for Miami -Dade
County, Florida, and Ex- Officio Clerk of the Board of County Commissioners of said county, DO
HEREBY CERTIFY that the above and foregoing is a true, and correct copy of Resolution No.
R- , adopted by the said Board of County Commissioners at its meeting held on
as appears of record.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal on this 29th day
of October, A.D., 2008.
HARVEY RUVIN, Clerk
Board of County Commissioners
Miami -Dade County, Florida
By:
Deputy Clerk
Board of County Commissioners
Miami -Dade County, Florida
MWERWMIAWDADE TRANSIT OFFICE OF CIVIL RIGHTS AND LABOR RELATIONS DBE PROGRAM
ATTACHMENT A
24. CIVIL RIGHTS REQUIREMENTS
29 U.S.C. § 623,42 U.S.C. § 2000
42 U.S.C. § 6102,42 U.S.C. § 12112
42 U.S.C. § 12132, 49 U.S.C. § 5332
29 CFR Part 1630, 41 CFR Parts 60 et seq.
CIVIL RIGHTS REQUIREMENTS:
(1) Nondiscrimination Generally - In accordance with Title VI and Title VII of the Civil Rights Act
of 1964, 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 Federal transit law at 49 U.S.C. § 5332, the Municipality, Contractor or
Subcontractor agree that they will not discriminate against any contractor and subcontractor, or
any employee or applicant for employment on the basis of race, color, national origin, religion,
age, disability, ancestry, veteran's status, marital status, pregnancy, sexual orientation, or the
exercise of their constitutional or statutory rights. in addition, the Municipality, Contractor or
Subcontractor agrees to comply with applicable Federal implementing regulations and other
implementing requirements FTA may issue. The Municipality, Contractor or Subcontractor shall
take affirmative action to ensure that applicants are employed, and that employees are treated
during employment without regard to their race, color, national origin, religion, age, disability,
ancestry, veteran's status, marital status, pregnancy or sexual orientation. Such action shall
include, but not be limited to, the following: employment, upgrading, promotion, demotion or
fransfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms
of compensation, and selection for training, including apprenticeships.
(2) Equal Employment Opportunity - Each Municipality, Contractor or Subcontractor will be
required to assure compliance with all equal employment opportunity policies through reporting
requirements to be developed and established by Miami -Dade Transit. The following equal
employment opportunity requirements apply to the underlying contract, or any project resulting
from, or within the ambit not his agreement.
(a) Race. Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil
Rights Act of 1964, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49
U.S.C. § 5332, the Municipality, Contractor or Subcontractor agree to comply with all
applicable equal employment opportunity requirements of U.S. Department of Labor
(U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et s, etc. (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 with any applicable Federal
statutes, executive orders, regulations, and Federal policies that may in the future affect
construction activities undertaken in the course of projects resulting from this interlocal
agreement and funded with ARRA funds. The Municipality, Contractor or Subcontractor
agree to take affirmative action to ensure that applicants are employed, and that
employees are treated equitably 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
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9 MIAMI -DADE TRANSIT OFFICE OF CIVIL RIGHTS AND LABOR RELATIONS DBE PROGRAM
advertising, layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. In addition, the Contractor agrees to
comply with any implementing requirements that Miami -Dade Transit and /of FTA may
issue.
(b) Age - 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
Municipality Contractor or Subcontractor agree to refrain from discrimination against
present and prospective employees for reason of age. In addition, the Contractor agrees
to comply with any implementing requirements that Miami -Dade Transit and /or FTA may
issue.
(c) Disabilities - in accordance with section 102 of the Americans with Disabilities Act, as
amended, 42 U.S.C. § 12112, the Contractor 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
C.F.R. Part 1630, pertaining to employment of persons with disabilities. in addition, the
Contractor agrees to comply with any implementing requirements 'Miami -Dade Transit
and /or FTA may issue.
(3) The Municipality, Contractor and Subcontractor also agree to include these requirements in
each subcontract financed in whole or in part with Federal assistance provided by FTA, and
specifically ARRA funding, and will modify the requirements only if necessary to' identify the
affected parties.
ACCESS TO RECORDS AND REPORTS REQUIREMENTS:
(1) The Municipality, in accordance with 49 CFR 18.36(i) agree to provide to Miami Dade
County, the FTA Administrator, the Comptroller General of the United States or any of their
authorized representatives access to any books, documents, papers and records of the
Municipality, which are directly pertinent to the project, or projects subject to this Interlocal
Agreement and funded with ARRA funding for the purposes of making audits, examinations,
excerpts and transcriptions. The Municipality also agree, pursuant to 49 C. F. R. 633.17 to
provide Miami Dade County and /or the FTA Administrator or his authorized representatives
including any PMO Contractor access to Municipality, records and construction sites pertaining
to a capital project, subject to this interlocal agreement. 5302(a)1, which is receiving federal
financial assistance through the programs described at 49 U.S.C. 5307, 5309, 5311, or ARRA
funds.
(2) Contractor and subcontractor by reason of the receipt of ARRA funds agree to provide
Miami -Dade county and /or, the FTA Administrator or his authorized representatives, including
any PMO Contractor, access to the Municipality, Contractor or Subcontractor records and
construction sites pertaining to any project, or projects subject to this interlocal agreement,
which is receiving federal financial assistance through the programs described at 49 U.S.C.
5307, 5309, 5311, or ARRA funds.
(3) Where the Municipality, Contractor or Subcontractor enter into a contract for a project or
improvement funded with ARRA funds through other than competitive bidding, the Municipality,
Contractor or Subcontractor shall make available records related to the contract to Miami Dade
County, and where applicable or requested, the Secretary of Transportation and the
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MIAMI -DADE TRANSIT OFFICE OF CIVIL RIGHTS AND LABOR RELATIONS DBE PROGRAM
Comptroller General or any authorized officer or employee of any of them for the purposes of
conducting an audit and inspection.
(4) All parties agree to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
(5) The Municipality, Contractor or Subcontractor agree to maintain all books, records, accounts
and reports required under this contract for a period of not less than three years after the date
of termination or expiration of this contract, except in the event of litigation or settlement of
claims arising from the performance of this contract, in which case Municipality, Contractor or
Subcontractor agree to maintain same until Miami Dade County, the FTA Administrator, the
Comptroller General, or any of their duly authorized representatives, have disposed of all such
litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(1)(11).
The parties agree to report to Miami -Dade Transit their activities and expenditures on the
attached forms, or via any medium that Miami -Dade Transit may request, or any other forms to
be provided at later date by Miami -Dade Transit.
DAMS -BACON AND COPELAND ANT[ - KICKBACK ACT'S
(1) Minimum wages
(i) All laborers and mechanics employed or working upon the site of the work (or under the
United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or
development of the project), will be paid unconditionally and not less often than once a week,
and without subsequent deduction or rebate on any account (except such payroll deductions as
are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR
part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due
at time of payment computed at rates not less than those contained in the wage determination
of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any
contractual relationship which may be alleged to exist between the contractor and such laborers
and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section
1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to
such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also,
regular contributions made or costs incurred for more than a weekly period (but not less often
than quarterly) under plans, funds, or programs which cover the particular weekly period, are
deemed to be constructively made or incurred during such weekly period. Such laborers and
mechanics shall be paid the appropriate wage rate and fringe benefits on the wage
determination for the classification of work actually performed, without regard to skill, except as
provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each classification for the time
actually worked therein: Provided that the employer's payroll records accurately set forth the
time spent in each classification in which work is performed. The wage determination (including
any additional classifications and wage rates conformed under paragraph (1)(ii) of this section)
and the Davis -Bacon poster (WH -1321) shall be posted at all times by the contractor and its
subcontractors, at the site of the work in a prominent and accessible place where it can be easily
seen by the workers.
EB /amb
MDT -0CR /LR
DOE FORMS (Rev. 6/2004)
MIAK
''S MIAMI -DADE TRANSIT OFFICE OF CIVIL RIGHTS AND LABOR RELATIONS DBE PROGRAM
(ii) (A) The contracting officer shall require that any class of laborers or mechanics,
including helpers, which is not listed in the wage determination and which is to be employed
under the contract shall be classified in conformance with the wage determination. The
contracting officer shall approve an additional classification and wage rate and fringe benefits
therefore only when the following criteria have been met:
(1) Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be performed by
the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination; and
(4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the
area in which the work is performed.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if
known), or their representatives, and the contracting officer agree on the classification and wage
rate (including the amount designated for fringe benefits where appropriate), a report of the
action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour
Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC
20210. The Administrator, or an authorized representative, will approve, modify, or disapprove
every additional classification action within 30 days of receipt and so advise the contracting
officer or will notify the contracting officer within the 30 -day period that additional time is
necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or
their representatives, and the contracting officer do not agree on the proposed classification and
wage rate (including the amount designated for fringe benefits, where appropriate), the
contracting officer shall refer the questions, including the views of all interested parties and the
recommendation of the contracting officer, to the Administrator for determination. The
Administrator, or an authorized representative, will issue a determination within 30 days of
receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day
period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to
paragraphs (a)(1)(ii) (S) or (C) of this section, shall be paid to all workers performing work in the
classification under this contract from the first day on which work is performed in the
classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or
mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor
shall either pay the benefit as stated in the wage determination or shall pay another bona fide
fringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor
may consider as part of the wages of any laborer or mechanic the amount of any costs
reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided,
That the Secretary of Labor has found, upon the written request of the contractor, that the
Ee /amb
MOT -OCRAR
DBE FORMS (Rev. 612009)
` MIAMI -DADE TRANSIT OFFICE OF CIVIL RIGHTS AND LABOR RELATIONS OBE PROGRAM
applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may
require the contractor to set aside in a separate account assets for the meeting of obligations
under the plan or program.
(v) (A) The contracting officer shall require that any class of laborers or mechanics which is
not listed in the wage determination and which is to be employed under the contract shall be
classified in conformance with the wage determination. The contracting officer shall approve an
additional classification and wage rate and fringe benefits therefore only when the following
criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification
in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if
known), or their representatives, and the contracting officer agree on the classification and wage
rate (including the amount designated for fringe benefits where appropriate), a report of the
action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour
Division, Employment Standards Administration, Washington, DC 20210. The Administrator, or
an authorized representative, will approve, modify, or disapprove every additional classification
action within 30 days of receipt and so advise the contracting officer or will notify the contracting
officer within the 30 -day period that additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or
their representatives, and the contracting officer do not agree on the proposed classification and
wage rate (including the amount designated for fringe benefits, where appropriate),. the
contracting officer shall refer the questions, including the views of all interested parties and the
recommendation of the contracting officer, to the Administrator for determination. The
Administrator, or an authorized representative, will issue a determination with 30 days of receipt
and so advise the contracting officer or will notify the contracting officer within the 30 -day period
that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to
paragraphs (a)(1)(v) (B) or (C) of this section, shall be paid to all workers performing work in the
classification under this contract from the first day on which work is performed in the
classification.
(2) Withholding - The municipality shall upon its own action or upon written request of an
authorized representative of Miami -Dade Transits, the Department of Labor withhold or cause to
be withheld from the contractor under this contract or any other Federal contract with the same
prime contractor, or any other federally- assisted contract subject to Davis -Bacon prevailing
wage requirements, which is held by the same prime contractor, so much of the accrued
payments or advances as may be considered necessary to pay laborers and mechanics,
including apprentices, trainees, and helpers, employed by the contractor or any subcontractor
the full amount of wages required by the contract. in the event of failure to pay any laborer or
mechanic, including any apprentice, trainee, or helper, employed or working on the site of the
EB /amb
MDT — OCR /LR
DBE FORMS (Rev. 6/2009)
'M MIAMI -DADE TRANSIT OFFICE OF CIVIL RIGHTS AND LABOR RELATIONS DBE PROGRAM
work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the
construction or development of the project), all or part of the wages required by the contract, the
Municipality may, after written notice to the contractor, sponsor, applicant, or owner, take such
action as may be necessary to cause the suspension of any further payment, advance, or
guarantee of funds until such violations have ceased.
(3) Payrolls and basic records
(i) Payrolls and basic records relating thereto shall be maintained by the contractor during the
course of the work and preserved for a period of three years thereafter for all laborers and
mechanics working at the site Of the work (or under the United States Housing Act of 1937, or
under the Housing Act of 1949, in the construction or development of the project). Such records
shall contain the name, address, and social security number of each such worker, his or her
correct classification, hourly rates of wages paid (including rates of contributions or costs
anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in
section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked,
deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29
CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs
reasonably anticipated in providing benefits under a plan or program described in section
1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the
commitment to provide such benefits is enforceable, that the plan or program is financially
responsible, and that the plan or program has been communicated in writing to the laborers or
mechanics affected, and records which show the costs anticipated or the actual cost incurred in
providing such benefits. Contractors employing apprentices or trainees under approved
programs shall maintain written evidence of the registration of apprenticeship programs and
certification of trainee programs, the registration of the apprentices and trainees, and the ratios
and wage rates prescribed in the applicable programs.
(ii) (A) The contractor shall submit weekly for each week in which any contract work is
performed a copy of all payrolls to the municipality for transmission to the Miami Dade Transit.
The payrolls submitted shall set out accurately and completely all of the information required to
be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5. This information may be
submitted in any form desired. Optional Form WH -347 is available for this purpose and may be
purchased from the Superintendent of Documents. (Federal Stock Number 029 - 005 - 00014 -1),
U.S. Government Printing Office, Washington, DC 20402. MDT may,require that the required
reports be submitted electronically. if MDT elects that the municipalities shalt make provided all
required reports electronically via any software or medium designated by Miami -Dade Transit.
The prime contractor is responsible for the submission of copies of payrolls by all
subcontractors.
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by
the contractor or subcontractor or his Or her agent who pays or supervises the payment of the
persons employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be maintained
under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5 and that such information is correct and
complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed, on
the contract during the payroll period has been paid the full weekly wages earned, without
EB /amb
MDT - OCR /LR
DBE FORMS (Rev. 6 /2009)
MIAMI -DADE TRANSIT OFFICE OF CIVIL RIGHTS AND LABOR RELATIONS DBE PROGRAM
rebate, either directly or indirectly, and that no deductions have been made either directly or
indirectly from the full wages earned, other than permissible deductions as set forth in
Regulations, 29 CFR part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and
fringe benefits or cash equivalents for the classification of work performed, as specified in the
applicable wage determination incorporated into the contract.
(C) The weekly submission of a properly executed certification set forth on the reverse side of
Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of
Compliance" required by paragraph (a)(3)(H)(B) of this section.
(D) The falsification of any of the above certifications may subject the contractor or
subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of
title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of
this section available for inspection, copying, or transcription by authorized representatives of
the Federal Transit Administration or the Department of Labor, and shall permit such
representatives to interview employees during working hours. on the job. If the contractor or
subcontractor fails to submit the required records or to make them available, Miami -Dade
Transit may recommend, and the Federal agency may, after written notice to the contractor,
sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of
any further payment, advance, or guarantee of funds. Furthermore, failure to submit the
required records upon request or to make such records available may be grounds for
debarment action pursuant to 29 CFR 5.12., and applicable county rules and ordinances.
(4) Apprentices and trainees
(i) Apprentices - Apprentices will be permitted to work at less than the predetermined rate
for the work they performed when they are employed pursuant to and individually registered in a
bona fide apprenticeship program registered with the U.S. Department of Labor, Employment
and Training Administration, Bureau of Apprenticeship and Training, or with a State
Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first
90 days of probationary employment as an apprentice in such an apprenticeship program, who
is not individually registered in the program, but who has been certified by the Bureau of
Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible
for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen
on the job site in any craft classification shall not be greater than the ratio permitted to the
contractor as to the entire work force under the registered program. Any worker listed on a
payroll at an apprentice wage rate, who is not registered or otherwise employed as stated
above, shall be paid not less than the applicable wage rate on the wage determination for the
classification of work actually performed. in addition, any apprentice performing work on the job
site in excess of the ratio permitted under the registered program shall be paid not less than the
applicable wage rate on the wage determination for the work actually performed. Where a
contractor is performing construction on a project in a locality other than that in which its
program is registered, the ratios and wage rates (expressed in percentages of the journeyman's
hourly rate) specified in the contractor's or subcontractors registered program shall be observed.
Every apprentice must be paid at not less than the rate specified in the registered program for
the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate
EB /amb
MDT - OCR /LR
DBE FORMS (Rev. 6/2009)
MMIAMI
' MIAMI -DADE TRANSIT OFFICE OF CIVIL RIGHTS AND LABOR RELATIONS DBE PROGRAM
specified in the applicable wage determination. Apprentices shall be paid fringe benefits in
accordance with the provisions of the apprenticeship program. if the apprenticeship program
does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits
listed on the wage determination for the applicable classification. If the Administrator of the
Wage and Hour Division of the U.S. Department of Labor determines that a different practice
prevails for the applicable apprentice classification, fringes shall be paid in accordance with that
determination. In the event the Bureau of Apprenticeship and Training, or a State
Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship
program, the contractor will no longer be permitted to utilize apprentices at less than the
applicable predetermined rate for the work performed until an acceptable program is
approved.
(ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to work at
less than the predetermined rate for the work performed unless they are employed pursuant to
and individually registered in a program which has received prior approval, evidenced by formal
certification by the U.S. Department of Labor, Employment and Training Administration. The
ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan
approved by the Employment and Training Administration. Every trainee must be paid at not
less than the rate specified in the approved program for the trainee's level of progress,
expressed as a percentage of the journeyman hourly rate specified in the applicable wage
determination. Trainees shall be paid fringe benefits in accordance with the provisions of the
trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid
the full amount of fringe benefits listed on the wage determination unless the Administrator of
the Wage and Hour Division determines that there is an apprenticeship program associated with
the corresponding journeyman wage rate on the wage determination which provides for less
than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who
is not registered and participating. in a training plan approved by the Employment and Training
Administration shall be paid not less than the applicable wage rate on the wage determination
for the classification of work actually performed. In addition, any trainee performing work on the
job site in excess of the ratio permitted under the registered program shall be paid not less than
the, applicable wage rate on the wage determination for the work actually performed. In the
event the Employment and Training Administration withdraws approval of a training program,
the contractor will no longer be permitted to utilize trainees at less than the applicable
predetermined rate for the work performed until an acceptable program is approved.
(iii) Equal employment opportunity - The utilization of apprentices, trainees and journeymen
under this part shall be in conformity with the equal employment opportunity requirements of
Executive Order 11246, as amended, and 29 CFR part 30.
(5) Compliance with Copeland Act requirements - The contractor shall comply with the
requirements of 29 CFR part 3, which are incorporated by reference in this contract.
(6) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses
contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Federal Transit
Administration may by appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor
shall be responsible for the compliance by any subcontractor or lower
tier subcontractor with all the contract clauses in 29 CFR 5.5.
(7) Contract termination: debarment - A breach of the contract clauses in 29 CFR 5.5 may be
EB /amb
MDT —OCR /LR
DBE FORMS (Rev.6 /2009)
., M)AM) -DARE TRANSIT OFFICE OF CIVIL RIGHTS AND LABOR RELATIONS DBE PROGRAM
grounds for termination of the contract, and for debarment as a contractor and a subcontractor
as provided in 29 CFR 5.12.
(8) Compliance with Davis -Bacon and Related Act requirements - All rulings and
interpretations of the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are
herein incorporated by reference in this contract.
(9) Disputes concerning labor standards - Disputes arising out of the labor standards
provisions of this contract shall not be subject to the general disputes clause of this contract.
Such disputes shall be resolved in accordance with the procedures of the Department of Labor
set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes
between the contractor (or any of its subcontractors) and the contracting agency, the U.S.
Department of Labor, or the employees or their representatives.
(10) Certification of eligibility —
(i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor
any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be
awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR
5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a
Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C.
1001,
DISADVANTAGED BUSINESS ENTERPRISES
a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26,
participation by Disadvantaged Business Enterprises in Department of Transportation Financial
Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises
(DBE) is 10 %. The agency's overall goal for DBE participation is 21.4 %. A separate contract
goal for DBE participation may be established by the Municipality for each contract. If the
Municipality elects to set a contract goal for any specific contract, it must in each instance
submit the project goal with all supporting documents and details to MDT's Office of Civil Rights
for Review and approval.
b. The municipality shall ensure that its contractors do not discriminate on the basis of race,
color, national origin, or sex in the performance of its contract funded with federal dollars or
ARRA funds. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the
award and administration of this DOT- assisted contract. Failure by the contractor to carry out
these requirements is a material breach of this contract, which may result in the termination of
this contract or such other remedy as Miami -Dade Transit deems appropriate. Each subcontract
that a contractor signs with a subcontractor must include the assurance in this paragraph (see
49 CFR 26.13(b, and copies of such contracts provided to Miami -Dade Transit.
c. If a separate contract goal has been established, the municipality shall ensure that the
Bidders /offerors are required to document sufficient DBE participation to meet these goals or,
alternatively, document adequate good faith efforts to do so, as provided for in 49 CFR 26.53.
EB /amb -
MDT —CCR(LR
DBE FORMS (Rev. 6/2009)
MIAMI -DADC TRANSIT OFFICE OF CIVIL RIGHTS AND LABOR RELATIONS DBE PROGRAM
Award of any contract under this Interlocal Agreement is conditioned on submission of the
following
1. The names and addresses of DBE.firms that will participate in this contract;
2. A description of the work each DBE will perform;
3. The dollar amount of the participation of each DBE firm participating;
4. Written documentation of the bidder /offeror's commitment to use a DBE
subcontractor whose participation it submits to meet the contract goal;
5. Written confirmation from the DBE that it is participating in the contract as provided
in the prime contractor's commitment; and
6. If the contract goal is not met, evidence of good faith efforts to do so.
Bidders /Offerors must present the information required above as a matter of responsiveness
with initial proposals and prior to contract award (see 49 CEf2 26.53(3)).
d. The contractor is required to pay its subcontractors performing work related to this contract
for satisfactory performance of that work no later than 30 days after the contractor's receipt of
payment for that work from the municipality. In addition, the contractor is required to return any
retainage payments to those subcontractors within 30 days after the subcontractor's work
related to this contract is satisfactorily completed. If the municipality elects to use progress
payments, the contractor is required to return any retainage payments to those subcontractors
within 30 days after incremental acceptance of the subcontractor's work by the municipality and
contractor's receipt of the partial retainage payment related to the subcontractor's work.
e. The contractor must promptly notify municipality, who shall in turn notify MDT, Whenever a
DBE subcontractor performing work related to this contract is terminated or fails to complete its
work, and must make good faith efforts to, engage another DBE subcontractor to perform at
least the some amount of work. The contractor may not terminate any DBE subcontractor and
perform that work through its own forces or those of an affiliate without prior written consent of
both MDT and the Municipality.
EB /amb
MDT - OCR /LR
DBE FORMS (Rev. 6/2009)
6RiIAR9RDM*
MIAMI -DADE TRANSIT OFFICE OF CIVIL RIGHTS AND LABOR RELATIONS DBE PROGRAM
DBE CONTRACTOR 9DENTWICATION STATEMENT
1) Name of DEE Contractor _
2) Year business established_„_.
3) Address and telephone number,
4) DBE Type: Women Black Hispanic Other (specify)
All DBE s must show ownership percentage by gender -- Male —% Female
S) Name of principal officer
6) Principal type of work
7) Name of persons involved in management of firm and positions held:
NAME RACE SEX POSITION /TITLE
A,
B.
C.
D.
E.
If additional space is needed, please use another sheet.
8) For a Corporation or Professional Association (PA): Identify those who own five percent or more of the firm's
stock or five percent or more share of a Professional Association.
NAME RACE SEX OWNERSHIP YEARSOF VOTING
PERCENTAGE OWNERSHIP PERCENTAGE
A. —
C,
10
If additional space is needed, please use another sheet.
EB /amb
MDT -0CR /LR
DBEFORMS (Rev.6 /2009)
(Continued on Page 2)
MIAMI -DADE TRANSIT OFFICE OF CIVIL RIGHTS AND LABOR RELATIONS DBE PROGRAM
DBE CONTRACTOR IDENTIFICATION STATEMENT
MDT DBE Participation Program
9) For a Proprietorship, indicate the DBE status and gender of the proprietor:
Black Male Black Female Hispanic Male Hispanic Female
Other Male (Specify) Other Female (Specify)
10) Does the firm have an 8(a) Certification issued by the Small Business Administration under Section 8(a) of the
Small Business Act as amended (15 U.S.C. 637 (a)?
NO YES. Certified as an 8(a) Contractor (date)
11) Date certified as a DBE Cert, No. Expires
12) The undersigned agrees to provide other relevant information concerning ownership and control if requested
to do so by MDC or its representative.
Signature of Official of DBE Company
Date
EB /amb
MOT -0CR /LR
DBE FORMS (Rev. 6/2009)
Title of Official
w
INSTRUCTIONS: To be completed by the prime and by all subcontractors that submitted a bid on the project.
Bid Description:
Percentage of DBE Goal
BIDDER INFORMATION
Firm Name
Street
City
Prime Bidder? Yes No
Sid No.
F.E.I.N -"
Suite No.
State Zip Code
If No, enter name of Prima
Year Founded Annual Gross Receipts: Under $500k Over $500k
Phone No.
FAX No.
Email
SPECIALTY
USE APPROPRIATE TWO DIGITS SBA STANDARD INDUSTRIAL CLASSIFICATION CODE (SIC):
Construction: Building- -SIC 1S ^ Heavy - -SiC 16„Specialty Trades - -SIC 87 _
Professional Services (Architectural, Engineering, Accounting, etc.) SIC 87
Goods, Equipment and Non - professional Services
MIAMI -DADE COUNTY CERTIFIED DBE:
Certificate Expiration Date: __ ---J Ethnicity Gender
AFFIDAVIT
I certify that 1 am an authorized representative of above named firm.
Signature Name Title Date
EB(amb
MDT -0CR /LR
DBE FORMS (Rev. 6)2009)
TRANSIT OFFICE OF CIVIL RIGHTS AND LABOR RELATIONS DBE PROGRAM
SCHEDULE FOR PARTICIPATION
instructions for contractors: List your DBE firms and sign.
DBE FIRM (1):
Name
Type of Work to Be
Percentage and Dollar Amount of Total Bid Committed:
Proposed Commencement Date:
DBE Firm (2):
Name
Proposed Completion Date:
Type of Work to Be Performed:
Percentage and Dollar Amount of Total Bid Committed: %$
Proposed Commencement Date: Proposed Completion Date:
DBE Firm (3):
Name
Type of Work to Be Performed:
Percentage and Dollar Amount of Total Bid Committed:
Proposed Commencement
DBE Firm (B):
Name
Type of Work to Be Performed:
Proposed Completion
Percentage and Dollar Amount of Total Bid Committed:
Proposed Commencement Da
Proposed Completion Date:
The undersigned certifies that it is committed to hire the above firms to do the work.11sted above on project
as part of it obligations under said project, and agrees to make the DBE & EEO
Requirements of said project part of any tier of its subcontracts.
Authorized Signature .
Name of Contractor
EB /amb
MDT -0CRAR
DBE FORMS (Rev. 6/2009)
Print Name and Title
Date
To:
From:
TRANSIT OFFICE OF CIVIL RIGHTS AND LABOR RELATIONS DBE
LETTER OF MTENT FROM DBE SUBCONTRACTOR, SUPPLIER AND /OR CONSULTANT
(Name of Prime Contractor)
(Name of DBE Finn)
and Miami- -Dade County
The undersigned DBE is prepared to perform the following described services and /or supply the following
described goods, in connection with the following project /contract for a total dollar amount of $ and
certifies that, upon the execution of a contract with the Prime Contractor, it will not subcontract any part of such
contract to any firm, at any tier, without obtaining prior written consent from Miami -Dade County, through the
Prime Contractor; it further certifies that it has received from Prime Contractor a true copy of the Affirmative
Action provisions, which must include the Davis Bacon requirements and wage determinations, if applicable.
Prime Contractor
Nam
DBE ASSIGNMENTS:
Item No. work to be performed -
Item /Supply Description Quantity
Authorized Signature
Print Name Date
EB /amb
MDT -0CR /LR
DBE FORMS (Rev. 6/2009)
Dollar Amount Per Bid Form
DoliarAmount
C'.. . 111
Report Period: I CONTRACTNUMBER PROJECT
AMOUNT$
CONTRACTOR NAME
DBE GOAL -% PAID TO PRIME CONTRACTOR TO DATE
DBE FIRMS
SEX
ETHNIC
TYPE OF
MONTHLY I
- FPAYMENTTO
FL'
CONTRACT
PAYMEN
DATE
AMOUNT
WORKAERVICE
ow,
40k
AN
.41
PAYMENTS TO NON-
,gs ,, . ,,QF S E RVE
� ' q A M OUNT
P
MO
DBES
ow,
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AN
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ATTACHMENT B
LANGUAGE FOR INCORPORATION INTO THE
CONTRACT OF ASSISTANCE
Grant #FL -96 -X028
The "Public Body ", City of South Miami agrees that the following terms and
conditions shall apply for the protection of employees in the mass passenger
transportation industry in the service area of the project:
The project shall be carried out in such a mamler 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. The "service area"
as used herein, includes the geographic area over which the project is operated
and the area whose population is served by the project, including adjacent areas
affected by the project;
2 All rights, privileges, and benefits (including pension rights and benefits) of
employees (including employees already retired) shall be preserved. and
continued;
3 The Public-Body shall be financially responsible for any deprivation of
employment or other worsening of employment positron as a result of the
project;
4 In the event an employee is terminated or laid off as a result of the project, he
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 or retraining is required by such employment or
reemployment, the Public Body shall provide or provide for such training or
retraining at no cost to the employee;
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 thereto 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 thereto, shall be entitled to receive any
applicable rights, privileges and benefits as specified in the employee protective
arrangement, known as C -1, certified by the Secretary of Labor under Section
405(b) of the Rail
-2-
Passenger Service Act of 1970 on April 16, 1971 (See
Appendix C -1, a copy of which is included on the
Department's website.).
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 herein shall include events occurring in
anticipation of, during, and subsequent to the project;
6. in the event any provision of these conditions is held to be
invalid or otherwise unenforceable, the Public Body, the
employees and /or 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;
7. The Public. Body 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 hereunder 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.
In the event of any dispute as to whether or not a particular
employee was affected by the project, it shall be the
employee's obligation to identify the project and specify the
pertinent facts of the Project relied upon. It shall then be the
burden of the Public Body to prove that factors other than
the project affected the employee. The claiming employee
shall prevail if it is established that the project had an effect
upon the employee even if other factors may also have
affected the employee (See Hodgson's Affidavit in Civil Action
No. 825 -71);
The Public Body 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;
The Public Body will post, in a prominent and accessible
place, a notice stating that the Public Body is a recipient of
Federal assistance under the Federal Transit Act and has
-3-
agreed to comply with the provisions of 49 U.S.C., Section
5333(b). The notice shall specify the terms and conditions
set forth herein for the protection of employees; and
10. The protective arrangements certified by the Secretary of
Labor are intended for the primary and direct benefit of
transit employees in the service area of the project. These
employees are intended third -party beneficiaries to the
employee protective arrangements of the grant contract
between the U.S. Department of Transportation and the
Grantee /Applicant, and the parties to the contract so signify
by executing that contract. Employees, or their
representative on their behalf, may assert claims with
respect to the protective arrangements under this provision.
This clause creates no independent cause of action against
the United States Government.
As a precondition to the release of assistance to any
Recipient, this letter and the terms and conditions of the
protective agreements or arrangements referenced above,
shall be incorporated into the contract of assistance
between the Grantee and /or Applicant and such Recipient,
by reference.
Rye MIAMI -DADE TRANSIT OFFICE OF CIVIL RIGHTS AND LABOR RELATIONS EEO PROGRAM
DATE: September 21, 2009
TO: Miami -Dade Municipality Executive Officer
FROM:. I�thy Lewis, Chief, MDT Office of Civil Rights & Labor Relations
SUBJECT: American Recovery and Reinvestment Act (ARRA) Economic Stimulus
Grant
As sub - recipients of funding received through the American Recovery and Reinvestment
Plan (ARRA) Economic Stimulus Grant, your organization must comply with all
requirements imposed by the federal government.
In accordance with the Federal Transit Administration (FTA) legislation, "non-
discriminatory use of Federal funds by recipients of FTA assistance, including their sub -
recipients and contractors is prohibited." In compliance with the FTA reporting
requirements, the Miami -Dade Transit Office of Civil Rights and Labor Relations
(OCR /LR) will be responsible for compiling data pertaining to Title VI of the Civi(Riahts
.Act of 1964, Equal Employment Opportunity (EEO) program, Disadvantaged -Business
Enterprise (DBE) program, and the Americans with Disabilities Act of 1990 (ADA).
MDT has prepared the following questions to assist in this process and to establish
a reporting procedure. Provide your answers by COB, Friday, October 9, 2009.
You will be contacted at a later date for dissemination and training on the new
process.. If you have any questions, do not hesitate to contact Maria V. Fajardo at
(786) 469 -5470 or mvf59(a7miamidade.gov.
Give the correct name and address of the Municipality.
2. Give the name and contact information of person delegated responsibilities
of equal employment opportunity for the municipality.
3. State the total number of persons who are employed by your organization at
the present time?
Include both full and part-time employees.
4. Supply an organizational chart.
5. State the legal status of your organization, i.e., corporation, partnership, tax -
exempt non - profit, etc. If incorporated, identify the state of incorporation.
6. Submit copies of all written rules, policies and procedures relating to Title
VII of the Civil Rights.
MIAMI -DADE TRANSIT
CONTRACT SPECIFICATIONS
PROJECT NAME:
CONTRACT NO,
FEDERAL REQUIREMENTS AND PROVISIONS
Federal Provisions
Buy America Certification
Certificate of Compliance
Certificate of Non - Compliance
Debarment and Suspension Certificate
Restrictions on Lobbying
Lobbying Certification
Statement for Loan Guarantees and Loan Insurance
Form SF -LLL (Disclosure of Lobbying Activities)
Instructions for Completion of Form SF -LLL)
Federal Requirements
(1) Fly America Requirements
(2) Buy America Requirements
(3) Cargo Preference Requirements
(4) Seismic Safety Requirements
(5) Energy Conservation Requirements
(6) Clean Water Requirements
() Pre -Award and Post Delivery Audit Requirements
(8) Lobbying
(9) Access to Records and Reports
(10) Federal Changes
(11) Clean Air
(12) Davis -Bacon Act
(13) No Government Obligation to Third Parties
(14) Program Fraud and False or Fraudulent Statements and
Related Acts
(15) Termination
(16) Government -wide Debarment and Suspension (Non- procurement)
(17) Privacy Act
(18) Civil Rights Requirements
(19) Breaches and Dispute Resolution
(20) Disadvantaged Business Enterprises (DBE)
(21) State and Local Law Disclaimer
(22) Incorporation of Federal Transit Administration (FTA) Terms
For more information on the aforementioned: federal requirements
please visit the following website:
htty : / /Ww.w.fta dot orov /default html
I. PURPOSE. This circular provides contracting guidance for recipients of Federal assistance
awarded by the Federal Transit Administration (FTA) when using that Federal assistance to
finance its procurements (third party contracts). This revision incorporates the new
procurement provisions of the Safe, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users (SAFETEA -LLD, and includes the most current available
guidance for the Federal public transportation program as of the date of publication.
2. CANCELLATION. This circular cancels FTA Circular 4220.1E, "Third Party Contracting
Requirements," dated 06- 19 -03.
3. AUTHORITY. Federal Transit Laws, Title 49, United States Code, Chapter 53.
4. WAIVER. FTA reserves the right to waive any provision of this circular to the extent
permitted by Federal law or regulation.
5. FEDERAL REGISTER NOTICE. In conjunction with publication of this circular, a
Federal Register notice was published on September, 30, 2008 (73 FR 56896), addressing
comments received during the development of the circular.
6. AMENDMENTS TO THE CIRCULAR: PTA reserves the right to update this circular due
to changes in other revised or new guidance and regulations that undergo notice and
comment, without further notice and comment on this circular. FTA will post updates on
our Web site: http: / /wWw.fta.dot.gov /. The Web site allows the public to register for
notification when FTA issues Federal Register notices or new guidance; visit the Web site
and click on "Sign -up for e -mail updates."
7. ACCESSIBLE FORMATS. This document is available in accessible formats upon request.
To obtain paper copies of this circular as well as information regarding these accessible
formats, telephone FTA's Administrative Services Help Desk, 202 - 366 -4865. Individuals
with hearing impairments may contact the Federal Relay Service, T- 800 -877 -8339 for
assistance with the call.
James S. Simpson
Administrator
Distribution: FTA Headquarters Offices (T -W -2) ON: TAD
FTA Regional Offices (T -X -2)
CIRCULAR
U.S. Department
of Transportation
Federal Transit
FTA C 4220.IF�
Administration
November 1, 2008
Rev. April 14, 2009
Subject: 'THIRD PARTY CONTRACTING GUIDANCE
I. PURPOSE. This circular provides contracting guidance for recipients of Federal assistance
awarded by the Federal Transit Administration (FTA) when using that Federal assistance to
finance its procurements (third party contracts). This revision incorporates the new
procurement provisions of the Safe, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users (SAFETEA -LLD, and includes the most current available
guidance for the Federal public transportation program as of the date of publication.
2. CANCELLATION. This circular cancels FTA Circular 4220.1E, "Third Party Contracting
Requirements," dated 06- 19 -03.
3. AUTHORITY. Federal Transit Laws, Title 49, United States Code, Chapter 53.
4. WAIVER. FTA reserves the right to waive any provision of this circular to the extent
permitted by Federal law or regulation.
5. FEDERAL REGISTER NOTICE. In conjunction with publication of this circular, a
Federal Register notice was published on September, 30, 2008 (73 FR 56896), addressing
comments received during the development of the circular.
6. AMENDMENTS TO THE CIRCULAR: PTA reserves the right to update this circular due
to changes in other revised or new guidance and regulations that undergo notice and
comment, without further notice and comment on this circular. FTA will post updates on
our Web site: http: / /wWw.fta.dot.gov /. The Web site allows the public to register for
notification when FTA issues Federal Register notices or new guidance; visit the Web site
and click on "Sign -up for e -mail updates."
7. ACCESSIBLE FORMATS. This document is available in accessible formats upon request.
To obtain paper copies of this circular as well as information regarding these accessible
formats, telephone FTA's Administrative Services Help Desk, 202 - 366 -4865. Individuals
with hearing impairments may contact the Federal Relay Service, T- 800 -877 -8339 for
assistance with the call.
James S. Simpson
Administrator
Distribution: FTA Headquarters Offices (T -W -2) ON: TAD
FTA Regional Offices (T -X -2)
FEDERAL REQUIREMENTS AND PROVISIONS
This Procurement is subject to a financial assistance contract between Miami -Dade County
(MDC) and the U.S. Department of Transportation. By reason of such participation, the.Bidder
(the terms 'Bidder ", "Proposer" and "Contractor" are used interchangeably) is required to agree
to the following provisions:
No Government Obligation to Third Parties
The Purchaser (MDC) and Contractor acknowledge and agree that, notwithstanding any
concurrence by the Federal Government in or approval of the solicitation or award of the
underlying contract, absent the express written consent by the Federal Government, the Federal
Government is not a party.to this- contract and shall not be subject to any obligations or liabilities
to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining
to any matter resulting from the underlying contract.
The Contractor agrees to include the above clause in each °subcontract financed in whole or, in
part with Federal assistance provided by FTA. It is further agreed that the clause shall not be
modified, except to identify the subcontractor who will be subject to its provisions.
Program Fraud and False or Fraudulent Statements and Related Acts
The Contractor.acknowledges that the provisions of the Program Fraud Civil Remedies Act of
1986, as amended, 31 U.S.C. 3501 et sue. and U.S. DOT regulations, "Program Fraud Civil
Remedies ", 49 C.F.R. Part 31, apply to its actions pertaining to this.project. Upon execution of
the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any
statement it has made, it makes, it may make or causes to be made, pertaining to the underlying
contract or the ETA assisted project for which this contract work is being performed. In addition
to other penalties that may be applicable, the Contractor further acknowledges that if makes, or
causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification,
the Federal Government reserves the right to impose the penalties of the Program Fraud Civil
Remedies Act of 1986 on the Contractor to the extent the Federal Goveriunent deems
appropriate.
The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or
fraudulent claim, statement, submission, or certification to the Federal Government under a
contract connected with a project that is financed in whole or in part with Federal assistance
originally awarded by ETA under. the authority of 49 U.S.C, 5307, the Government reserves the
right to impose the penalties of 15 U.S.C. 1001 and 49 U.S.C. 5307(n)(1) on the Contractor, to
the extent the Federal Government deems appropriate.
The Contractor agrees to include the above two clauses in each subcontract financed in whole or f
in part with Federal assistance provided by ETA. It is further agreed that the clauses shall not be
modified, except to identify the subcontractor who will be subject to the provisions.
CONTRACT NO. NCP004- T$06 -CT2 .MARCH 2008 Page 85
FEDERAL REQUIPMMENTS AND PROVISIONS
Incorporation of Federal Transit Administration (FTA) Terms
The general contract provisions include, in part, certain Standard Terms and Conditions required
by DOT, whether or not expressly set forth in the contract provisions. All contractual provisions
required by DOT, as set forth in the latest version of FTA Circular 4220, are hereby incorporated
by reference. Anything to the contrary herein notwithstanding, all FTA mandated term's shall be
deemed to control in the event of a conflict with other provisions contained in this Agreement.
The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any
MDC requests, which would cause MDC to be in violation of the FTA terms and conditions.
Federal Changes
Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and
directives, including without limitation those listed directly or by reference in the Agreement
(Form FTA MA (2) dated October, 1995) between Purchaser (MDC) and FTA, as they may be
amended or promulgated from time to time during the term of this contract. Contractor's failure
to so comply shall constitute a contract. Contractor's failure to so comply shall constitute a
material breach of this contract.
Interest of Members of or Delegates to Congress:
No member of, or delegates to, the Congress of the United States shall be admitted to any share
or part of this contract or to any benefit arising therefrom (41 U.S.C. 22).
Conflict of Interest:
No employee, officer, or agent of MDC shall participate in the selection or in the award or
administration of a contract if a conflict of interest, real or apparent, would be involved. Such a
conflict would arise when:
a. The employee, officer or agent;
b. Any member of his immediate family, also including brothers and sisters;
C. His or her partner,, or
d. An organization which employs, or is about to employ any of the above, has a
financial or other interest in the firm selected for award.
MDC's officers, employees or agents shall neither solicit nor accept gratuities, favors or anything
of monetary value from contracts, potential contractors, or parties of subcontracts.
Seismic Safety
The Contractor agrees that any new building or addition to an existing building will be designed
and constructed in accordance with the standards for Seismic Safety required in Department of
Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to the
CONTRACT NO. NCP004- TR06 -CT2 MARCH 2008 ' Page 86
FEDERAL REQUIREMENTS AND PROVISIONS
extent required by the regulation. The Contractor also agrees to ensure that all work performed
under this contract also agrees to ensure that all work performed under this contract including
work performed by a subcontractor is in compliance with the standards required by the Seismic
Safety Regulations and the certification of compliance issued on the project.
Reeled ProductslRecovered Materials
The Contractor agrees to comply with all the requirements of Section 5002 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 CPR Part 247.
Audit and Inspection of Records:
The Contractor agrees that MDC, the Comptroller General of the United States, or any of their
duly authorized representatives, shall, for the purpose of audit and examination, be permitted to
inspect all work, materials, payrolls, and other data and records with regard to the project, and to
audit the books, records, and accounts with regard to the project, Purther, Contractor agrees to
maintain all required records for at least three years after MDC make final payments and all other
pending matters are closed.
Cargo Preference:
The Contractor agrees:
A. To utilize privately owned United States -flag commercial, vessels to ship at least 50
percent of the gross tonnage (computes separately for dry bulk carriers, dry cargo loners,
and tankers) involved, whenever shipping any equipment, materials, or commodities
pursuant to this section, to the extent such vessels are available at fair and resalable rates
for United States flag commercial vessels.
B. To £xunish within 20 days following the date of loading for shipments originating within
the United States, or within 20 working days following the date of loading for shipment
originating outside the United States, a legible copy of a rated, 'onboard" commercial
ocean bill of lading in English for each shipment of cargo described in Paragraph: I above
to the Recipient (through the prime Consultant in the case of subConsultant bill of lading)
to the Division of National Cargo, office of Market Development, Maritime
Administration, 400 Seventh. Street S.W., Washington D.C. 20590, marked with
appropriate identification of the Project.
C. To insert, the substance of the provisions of this clause in all subcontracts issued pursuant
to this Agreement.
CONTRACT NO. NCP004- TR06 -CT2 N ARCI-I.2008 Page 87
FEDERAL REQUIPEMENTS AND PROVISIONS
Eneray Conservation•
The Contractor shall recognize mandatory standards and policies relating to energy efficiency
which are contained in the State energy conservation plan issued in compliance with the Energy
Policy and Conservation Act (42 USC Section 6321 et. seq).
Clean Air Act Federal Water Pollution Control Ac Buv.America Act and Americans
with Disabilities Act (AD D Requirements•
The Contractor agrees to comply with all applicable standards, orders, or requirements issued
under section 306 of the clean air act (42 USC 1857 (h), section 508 of the clean water act (33
USC 1368), executive order 11738, and environmental protection agency regulations (40 CFR,
Part 15). which prohibit the use under nonexempt federal contracts, grants or loans, of facilities
included on the EPA list for violating facilities. The Contractor shall report violations to FTA and
to the USEPA assistant administrator for enforcement (PN0329). The Contractor hereby certifies
that he will comply with the requirements of section 165 (a) of the surface transportation .
assistance act of 1982 and the regulations in 49 CFR 661. Each Contractor shall complete the
"Buy America" certificate in attachment "C ". The Contractor further certifies that he will comply
with the requirements of the Americans with Disabilities Act
Fly America Requirements:
The Contractor 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 and subrecipients 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 Contractor 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 Contractor agrees to include the requirements of this section in all
subcontracts that may involve international air transportation.
MIAMI -DADE COUNTY
BUY AMERICA
CERTIFICATE OF COMPLIANCE
The Bidder hereby certifies that it wiff comply with the requirements of 49 U.S.C.5323 0)(1), Section
165(a) of the Surface Transportation Assistance Act of 1982, as amended, and the applicable
regulations in 49 CFR part 661.
Firm Name
Date
Signature
Printed Name
Title
CONTRACT NO. NCP004- TR06 -CT2, February 2005
FEDERAL RrQUMEMENTS AND PROVISIONS
Certification Re�ardin .,Debarment Sus ep nsi0n and Other Responsibility Matters
Lower Tier Covered Transactions
(Third Party Contracts equal to or over $100,000)
Instructions for Certification
1. By signing and -submitting this bid or proposal, the prospective lower tier participant is
providing the signed certification set out in "Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" in
Exhibit FED -DBL
2. The certification in this clause is a material representation of fact upon which reliance was
placed when this transaction was entered into. If it is later determined that the prospective
lower tier participant knowingly rendered an erroneous certification, in addition to other
remedies available to the Federal Government, MDC may pursue available remedies,
including suspension and /or debarment.
The prospective lower tier participant shall provide immediate written notice to MDC if at
any time the prospective lower tier participant learns that its certification was erroneous by
reason of changed circumstances.
4. The terms "covered transaction," " debarred," "suspended," "ineligible," "lower tier covered
transaction," "participant," "persons," "principal," "proposal," and "voluntarily excluded,"
as used in this clause, have the meanings set out in the Definitions and Coverage sections or
rules implementing Executive Order 12549 [49 CFR Part 29]. You may contact MDC for
assistance in obtaining a copy of these regulations.
5. The prospective lower tier participant agrees by submitting this proposal that should the
proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, _ suspended, declared ineligible, or
voluntarily excluded from participation in this covered transaction, unless authorized in
writing by MDC.
6. The prospective lower tier participant further agrees by submitting this proposal that it will
include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion - .Lower Tier Covered Transaction," and the certification form, without
modification, in all lower tier covered transactions and in all solicitations for lower tier
covered transactions.
A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it knows that the certification is
erroneous. A participant may decide the method and frequency by which it determines the
eligibility of its principals. Each participant may, but is not required to, check the ?don -
procurement List issued by U. S. General Service Administration.
CONTRACT NO. NCP004- TR06 -CT2 Rev /96
FEDERAL REQtIIRENMKIM AND PROVISIONS
8. Nothing contained in the foregoing shall be construed to require establishment of system of
records in order to render in .good faith the certification required by this clause. The
knowledge and information of a participant is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in
a covered transaction knowingly enters into a lower tier covered transaction with a person
who is suspended, debarred, ineligible, or voluntarily excluded fi-om participation in this
transaction, in addition to all remedies available to the Federal Government, MDC may
pursue available remedies including suspension and/or debarment.
"Certification Regarding Debarment, Suspension, ` Ineligibility and Voluntary
Exclusion - Lower Tier Covered Transaction"
(1) The prospective Lower Tier Participant certifies, by submission of this bid or
proposal, that neither it nor its "principals" as defined at 49 C. F. R. 29.105(p) is
presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal department
or agency.
(2) If.the prospective Lower Tier Participant is unable to certify to the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
EXrHIBrF FED -DB1
CONTRACT NO. NCP004- TR06 -CT2 Rev /96
FEDERALREQUIREMENTS AND PP.OVISIONS
CERTIFICATION REGARDING DEBARMENT SUSPENSION INELIGIBILITY AIdD
VOLUNTARY EXCLUSION
{LOWER TIER COVERED TRANSACTION)
(To be submitted with a Bid or Offer equal to or exceeding the small purchase threshold for Federal
assistance programs, currently $100,000).
The prospective Lower Tier Participant certifies, by submission of this bid or proposal, that neither it
nor its "principals" as defined at 49 CX R. 29.105(p) is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded. from participation in this transaction by any
Federal department or agency.
If the prospective Lower Tier Participant is unable to certify to the statement above, it shall attach an
explanation, and indicate it has done so, by placing an "X" in the following space
THE BIDDER OR OFFEROR, CERTIFIES OR
AFFIRMS THE TRUTHFULNESS AND ACCURACY OF .THIS CERTIFICATION AND
EXPLANATION, IF ANY. IN ADDITION, THE LOWER -TIER BIDDER OR OFFEROR
UNDERSTANDS AND AGREES THAT THE PROVISIONS OF 31 U.S.C. SECTIONS 3801 ET
SEO.. APPLY TO THIS CERTIFICATION AND EXPLANATION, IF ANY.
Signature of
Participant's Authorized Official
Name and Title of
Participant's Authorized Official
Date
CONTRACT NO. NCP004- TR06 -CT2 Rev /96
FEDERALREQUIREMENTS AND PROVISIONS
RESTRICTIONS ON LOBBYING
A. Definitions. As used in this clause,
"A ene ', as defined in 5 U.S.C. 552 (f), includes Federal executive departments and
agencies as well as independent regulatory commissions and Government
corporations, as defined in 31 U.S.C. 9141 (1).
2. "Covered Federal action" means any of the following Federal actions:
(a) The awarding on any Federal contract;
(b) The making of any Federal grant;
(c) The making of any Federal loan;
(d) The entering into of any cooperative agreement; and,
(e) The extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan of cooperative agreement.
Covered Federal action, does not include receiving from an agency a commitment
providing for the United Stated to insure or guarantee a loan.
"Indian tribe" and "tribal organization' have the meaning provided in section 4 of the
Indian Self— Determination and Education Assistance Act (25 U.S.C. 450 B). Alaskan
Natives are included under the definitions of Indian tribes in that Act.
4. "Influencing or attempting to influence" means making, with the intent to influence,
any communication to or appearance before•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 any covered Federal action.
5. "Local i�overument" means a unit of government in a State and, if chartered,
established, or otherwise recognized by a state for the performance of a governmental
duty, including a local public authority, a special district, an intrastate district, a
council of governments, a sponsor group representative organization, and any other
instrumentality of a local government.
6. "Officer or employee of an agency" includes the following individuals who are
employed by an agency:
(a) An individual who is appointed to a position in the Government under title 5, U.S.
Code, including a position under a temporary appointment.
(b) A member of the uniformed services as defined in section 101 (3), title 37, U.S.
Code;
CONTRACT NO. 14CP004- TR06 -CT2
FEDERAL REQUMMENTS AND PROVISIONS
(c) A special Government employee as defined in section 202, title 18, U.S. Code;
and,
(d) An individual who is a member of a Federal advisory committee, as defined by
the Federal Advisory Committee Act, title 5, U.S. Code appendix 2.
"Person" means an individual, corporation, company, association, authority, firm,
partnership, society, 'State, and local government, regardless of whether such entity is
operated for profit or not for profit. This term excludes an Indian tribe, tribal
organization, or any other Indian organization with respect to expenditures specifically
permitted by other Federal law.
8. "Reasonable compensation" means, with respect to a regularly employed officer or
employee of any person, compensation that is consistent with the normal compensation
for such officer or employee for work that is not furnished to, not funded by, or not
furnished in cooperation with the Federal Government.
9. "Reient" includes all contractors and subcontractors at any tier in connection with a
Federal contract. The.. term excludes an Indian tribe, tribal organization, or any other
Indian organization with respect to expenditures specifically permitted by other
Federal law.
10. "ReQu� lar1Y employed" means, with respect to an officer or employee of a per-bon
requesting or receiving a Federal contract, an officer or employee who is employed by
such person for at least 130 working days within one year immediately preceding the
date of the submission that initiates agency consideration of such person for receipt of
such contract. An officer or employees who is employed by such person for less than
130 working days within one year immediately preceding the date of the submission
that initiates agency consideration of such person shall be considered to be regularly
employed as soon as he or she is employed by such person for 130 working days.
It. "State" means a State of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, a territory or possession of the United States, an
agency or instrumentality of a State, and a multi - State, regional, or interstate entity
having governmental duties and powers.
B. Prohibition
1. Section 1352 of title 31, U.S. code provides in part that no appropriated funds maybe
expended by the recipient of a Federal contract, grant, loan, or cooperative agreement
to pay 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 any of the following covered
Federal actions: 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
CONTRACT NO. NCP004- TR06 -CT2
FEDERAL REQUIREMENTS AND PROVISIONS
the extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
2. The prohibition does not apply as follows:
(a) Agency and legislative liaison by own employees.
(1) The prohibition on the use of appropriated funds, in paragraph B. I. of this
section, does not apply in the case of a payment of reasonable compensation
made to an officer or employee of a person requesting or receiving a Federal
contract if the payment is for agency and legislative liaison activities not
directly related to a covered Federal action.
(2) For purposes of paragraph B.2. (a) (1) of this section, providing any
information specifically requested by an agency or Congress is allowable at
any time.
(3) For purposes of paragraph B.2. (a) (1) of this section, the following agency
and legislative liaison activities are allowable at any time only where they are
not related to a specific solicitation for any covered Federal action:
A. Discussing with an agency (including individual demonstrations) the
qualities and characteristics of the person's products or services,
conditions or terms of sale, and service capabilities and,
B. Technical discussions and other activities regarding the application or
adaptation of the person's products or services for an agency's use.
(4) For purposes of paragraph B.2. (a) (1) of this section, the following agency
and. legislative Iiaison activities are allowable only where they are prior to
formal solicitation of any covered Federal action:
A. Providing any information not specifically requested but necessary for an
agency to make an informed decision about initiation of a covered Federal
action:
.B. Technical discussions regarding the preparation of an unsolicited proposal
prior to its official submission; and,
C. Capability, presentations by persons seeking awards from an agency
pursuant to the provisions of the small Business Act, as amended by
Public Law 95 -507 and other subsequent amendments.
(5) Only those activities expressly authorized by paragraph B.2.(a) of this section
are allowable under paragraph B.2.(a).
CONTRACT NO. NCP004- TR06 -CT2
FEDERAL REQUIREMENTS AND PROVISIONS
(b) Professional and technical services by own employees.
(1) The prohibition on the use of appropriated funds, in paragraph B.I. of this
section, does not apply in the case of a payment of reasonable compensation
made to an officer or employee of a person requesting or receiving a Federal
contract or an extension, continuation, renewal, amendment, or modification
of a Federal contract if payment is for professional or technical services
rendered directly in the preparation, submission, or negotiation of any bid,
proposal, or application for that Federal contract or for meeting requirement
imposed by or pursuant to law as a condition for receiving that Federal
contract.
(2) For purposes of paragraph B.2. (b)(1) of this section, "professional and
technical services" shall be limited to advice and analysis directly applying
any professional or technical discipline. For example, drafting of a legal
document accompanying a bid or proposal by a lawyer is allowable. Similarly,
technical advice provided by an engineer on the performance or operational
capability of a piece of equipment rendered directly in the negotiation of a
contract is allowable. however, communications with the intent to influence
made by professional (such as a licensed lawyer) or a technical person (such as
a license accountant) are not allowable under this section unless they provide
advice and analysis directly applying their professional or technical expertise
and unless the advice or analysis is rendered directly and solely in the
preparation, submission or negotiation of a covered Federal action. Thus, for
example, communications with the intent to influence made by a lawyer that
do not provide legal advice or analysis directly and solely related to the legal
aspects of his or her client's proposal, but generally advocate one proposal
over another are not allowable under this section because the lawyer is not
providing professional legal services. Similarly, communication with the
intent to influence made by an engineer providing an engineering analysis
prior to the preparation or submission of a bid or proposal are not allowable
under this section since the engineer is providing technical services but not
directly in the preparation, submission or negotiation of a covered Federal
action.
(3) Requirements imposed by or pursuant to law as a condition for receiving a
covered Federal award include those required by law or regulation, or
reasonably expected to be required by law or regulation, and any other
requirements in the actual award documents.
(4) Only those services expressly authorized by paragraph B.2.(b) of this section
are allowable under paragraph B.2.(b).
CONTRACT-NO. NCP004- TR06 -CT2
FEDERAL RQUIREMENTS AND PROVISIONS
(c) Reporting for Own Employees
No reporting is required with respect to payments of reasonable compensation
made to regularly employee officers or employees of a person.
(d) Professional and technical services by other than Own Employees.
(1) The prohibition on the use of appropriated, funds, in paragraph B.I. of this
section, does not apply in the case of any reasonable payment to a person,
other than an officer or employee of a person requesting or receiving a covered
Federal action, it the payment is for professional or technical services rendered
directly in the preparation, submission, or negotiation of any bid, proposal, or
application for that Federal contract or for meeting requirements imposed by
or pursuant to law as a condition for receiving that Federal contract.
(2) For purposes of paragraph B.2 (d) (1) of this section, "professional and
technical services" shall be limited to advice and analysis directly applying
any professional or technical discipline. For example, drafting of a legal
document accompanying a bid or proposal by a lawyer is allowable.
Similarly, technical advice provided by an engineer on the performance or
operational capability of a piece of equipment rendered directly in the
negotiation of a contract is allowable. However, communications with the
intent to influence made by a professional (such as a licensed lawyer) or a
technical person (such as license accountant) are not allowable under this
section unless they provide advice and analysis directly applying their
professional technical expertise and unless the advice or analysis is rendered
directly and solely in the preparation, submission or negotiation of a covered
Federal action. Thus, for example, communications with the intent to
influence made by a lawyer that do not provide legal advice or analysis
directly and solely related to the legal aspects of this or her client's proposal,
but generally advocate one proposal over another are not allowable under this
section because the lawyer is not providing professional legal services.
Similarly, communications with the intent to influence made by an engineer
providing an engineering analysis prior to the preparation or submission of a
bid or proposal are not allowable under this section since the engineer is
providing technical services but not directly in the preparation, submission or
negotiation of a covered Federal action.
(3) Requirements imposed by or pursuant to law as condition for receiving
covered Federal award include those required by law or regulation, or
reasonably expect to be required by law or regulation; and any other
requirements in the actual award documents. .
(4) Persons other than officers or employees of a person requesting or receiving a
covered Federal action include Contractors and trade association.
CONTRACT NO. NCP004- TR06 -CT2
FFDERAL REQU EMENTS AND PROVISIONS
(5) Only those services expressly authorized by paragraph B.2.(d) of this section
are allowable under paragraph 132(d).
C. Disclosure
1. Each person who request or receives from an agency a Federal contract shall file, with
that agency a certification, set forth in this Exhibit 4, that the person has not made, and
will not make, any payment prohibited by paragraph B. of this clause.
2. Each person who requests or receives from an agency a Federal contract shall file with
that agency a disclosure forrn, Standard Form -LLL, "Disclosure of Lobbying
Activities," if such person has made or has agreed to make any payment using
unappropriated funds (to include profits from any covered Federal action), which would
be prohibited under paragraph B. of this clause if paid for with appropriated funds.
3. Each person shall file a disclosure form at the end of each calendar quarter in which
there occurs any event that requires disclosure or that materially affects the accuracy of
the information contained in any disclosure form previously filed by such person under
paragraph C.2. of this section. An event that materially affects the accuracy of the
information reported includes:
(a) A cumulative increase, of $25,000 or more in the amount paid or expected to be
paid for influencing or attempting to influence a covered Federal action; or
(b) A change in the person(s) or individual(s) influencing or attempting to influence a
covered Federal action; or,
(c) A change in the officer(s) employee(s), or member(s) contacted to influence or
attempt to influence a covered Federal action.
4. Any person who requests or receives from a person referred to in paragraph C.1. of this
section a subcontract exceeding $100,000 at any tier under a Federal contract shall file a
certification, and a disclosure form, if required, to the next tier above.
CONTRACTNO. NCP004- TR06 -CT2
FEDERAL REQUIREMENTS AND PROVISIONS
LOBBYING CERTIFICATION
Certification for Contracts Grants Loans and Cooperative Agreements
(To be submitted with each bid or offer exceeding $100,000)
The Contractor certifies, to the best of its knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an Federal department or 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 making lobbying contacts to 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 this Federal contract, grant, loan, or cooperative agreement,
the undersigned shall complete and submit standard Form -LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions [as amended by "Government wide
Guidance for New Restrictions on Lobbying," 61 Fed Reg 1413 (1119196). Note:
Language in paragraph (2) herein has been modified in accordance with Section. 10 of the
Lobbying Disclosure Act of 1995 (P. L. 104 -65, to be codified at 2 U.S.C. 1601, et seq.)]
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants; and
contracts under grants, loans, and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by 31 U.S.C. I352, (as
amended by the Lobbying Disclosure Act of 1995). 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. [Note: Pursuant to 31 U.S.C. 1352(C)(I) -(2)
(A), any person. who makes a prohibited expenditure or fails to file or amend a required
certification or disclosure form shall be subject to a civil penalty of not less than $10;000
and not more than $100,000 for each such expenditure or failure.]
CONTRACT NO. NCP004- TR06 -CT2
FEDERAL REQUIREMENTS AND PROVISIONS
The Contractor, . certifies or affirms the truthfulness and accuracy of
each statement of its certification and disclosure, if any. In addition, the Contractor
understands and agrees that the provisions of 31 U.S.C. 3801 et L. apply to this
certification and disclosure, if any.
Signature of
Contractor's Authorized Official
Name and Title of
Contractor's Authorized Official
Date
CONTRACT NO. NCP004- TR06 -CT2
FEDERAL REQUIREMENTS AND PROVISIONS
STATEMENT FOR LOAN GUARANTEES AND LOAN INSURANCE
The undersigned states, to the best of his, or her knowledge and belief, that:
If any 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 this commitment
providing for the United States in insure or .guarantee a loan, the undersigned shall complete and
submit standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
Submission of this statement is a prerequisite for making or entering into this transaction
imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement
shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
Signature
Date
SUBSCRI3ED AND SWORN TO (or affirmed) before me on
(Date)
by . He / She is personally known to me
(Affiant)
or has presented
(Type of Identification)
(Signature of Notary)
(Print or Stamp Name of Notary)
Notary Public
(State)
CONTRACT NO. NCF004- TR06 -CT2
FEDERAL REQUIREMENTS AND PROVISIONS
as identification.
(Serial Number)
(Expiration Date)
Notary Seal
DATE: January 3, 2008
TO:
Harpai Kapoor
MDT Director
THRU
t
Cathy Lewis
OCR/LR, Chief
FROM:
Edgene Belony
OCR/LR, DBE Manag
SUBJECT,
12% DBE Goal, MIC - Earlington Connector Metrorail Extension Project.
Miami -Dade Transit is preparing a Request to Advertise (RTA) for the MIC - Earlington Heights
Connector Project. The Project is an elevated 2.4 mile double- track, heavy-raf extension of the
existing Metrorail system, and connecting to the Miami Inter-nodal Center.. Contract No.: NFP004-
TR07 -CT4. The total estimated cost is $248,687,602.00. This. project will be partially funded with
Federal Dollars, State dollars and local participation.
After reviewing the scope of this project, which consists of construction services, for the development of
the Airport Station, Bus Plaza, Bus Plaza roadway work, guideway foundations, guideway columns,
guideway superstructure, guideway trackwork, ancillary buildings, roadway resurfacing and
reconstruction, miscellaneous guideway items, operating system, communications, Bus Plaza canopies
and connector level vestibule, we have determined that this. project does have discernible
subcontracting possibilities. Accordingly and based on the foregoing, a DBE goal of TWELVE (12 %)
percent is a reasonable goal to be established for this contract.
Upon careful consideration and examination of the Department of Small Business Development
( "SBD ") list of certified Disadvantaged Business Enterprises (`DBE ") firms within this market area, we
have identified three or more available certified DBE firms that are by. reason of their. certification ready,
willing and able to provide the services requested on each item in the scope of work. Accordingly, we
recommend a TWELVE (12 %) DBE goal for this project.
Approval:.
Mr r poor, MDT Director
Appendix C FTA C 4220.IF
Page 14 of 14 I 1/01/2008
Rev. 04/14/2009
THIRD PARTY CONTRACTING CHECELISTS
CHAPTER VI OPEN MARKET PROCUREMENTS - EVALUATIONS
CHECK
Sec.4 Eligible Costs
Sec.5 Incentive Costs'and Payments
Sec. 6 Cost and Price Analysis
Sec. 6.a Cost Analysis
Sec. 6.a(1) Federal Cost Principles
Sec. 6.a(2) Establishing Indirect Cost Rates
Sec. 6.a(2)(a) Contracts of $5 Million or Less
Sec. 6.a(2)(b) Contracts Exceeding$5 Million
Sec, 6.a(3) Profit
Sec, 6.b Price Analysis
Sec. 6.0 Guidance on Cost and Price Analysis
Sec.7 Evaluations
Sec. 7.a General
Sec. 7.b Options
Sec, 7.b(1) Evaluation Required
Sec. 7.b(2) Evaluation Not Required
Sec.7.c Evaluators
OPEN MARKET PROCUREMENTS
CHAPTER VI CONTRACT AWARDS - REJECTIONS OF BIDS A_ ND PROPOSALS
CHECK
See.8 Contract Award
Sec. 8.a Award to Other Than the Lowest Bidder or Offeror
Sec. 8.b Award to Only a Responsible Bidder or Offeror
Sec, 8.b(1) Integrity and Ethics
Sec. 8.b(2) Debarment and Suspension
Sec. 8.b(3) Affirmative Acdonand DBE
Sec. 8.b(4) Public Policy
- Sec. 8.b(5) Administrative and Teolmical Capacity
Sea 8.b(6) Licensing and Taxes
Sec. 8.b(7) Financial Resources
Sec. 8.b(8)Production Capability
Sec. 8.b(9) Timeliness
Sec.,8.b(10) Performance Record
Sec. B.b(10)(a) Current Performance
Sec. S.b(10)(b) Past Perfonnanee
Sec. 8.b(10 (lr)1 Sufficient Resources
Sea. b(10)(b)3 equ
Adate Past Experience
Sec. &b(10)(b) Any Past Deficiencies Not the Fault of the Bidder or Offeror
'Sec. 8.0 Rejection of Bids and Proposals
Sm. S.e(1) Governmental Recipients
Sec. up Noa•Govenvnental Recipients
Sec. 8.d Extent and Limits of Contract Award
Appendix D FTAC4220.IF
Page 6 of 8 11/01/2008
Rev. 04/14/2009
FEDERALLY REQUIREDAND OTHER MODEL CLAUSES
APPLICABILITY OF THIRD PARTY CONTRACT CLAUSES
(excluding micro-purchases., except Davis-Bacon requirements apply to construction contracts over $2,000)
.:S
wwIV
P
No Federal Government
Obligations to Third Parties
All
All
All
All
All
(by Use of a Disclaimer)
False Statements or Claims
Civil and Criminal Fraud
All
All
All
All
Al
All
Access to Third Party Contract
All
All
All
All
All
Records
Changes to Federal Requirements
All
All
All
All
AM11
Termination
>$101000 if
>$10,0001f
>$10,000 if
>$10,000 if
>$10,000 if
49 CFRPmt 18
49CFRPan18
49CFRPartl8
49CFRPart18
49CFXPart18
applies.
applies.
applies.
applies.
applies.
Civil Rights (Title V1, EEO,
>$10,000
--;,$-10,0o0
>$ 10,000
>$10,000
>$ly,000
ADA)
Disadvantaged Business
Ali
All
All
All
All
Enterprises (DBEs)
Incorporation of FTA Terms
All
All
All
All
All
Suspension and Debarment
>$25,000
>$25,000
>$25,000
>$25,000
>$25,000
Buy America I
I
>$100,600
>$100,000
>$100,000
Resolution of Disputes, Breaches,
>$1,00,000
100,000
>$160,000
>$100,000
or.Other Litigation
Lobbying
>$00,000
>$100,000
>$1001000
>$100,000
>$100,000
Clean Air
>$100,000
41001000
>$1001000
>$100,000
>$100,000
Clem Water
>$1001000
>$100,000
>$100,000
>$100,000
>$100,000
Forproperty
Forproperty
Forproperty
transported by
transported by
transported by
Cargo Preference
ocean vessel,
ocean vessel,
ocean vessel..
For foreign
For foreign
For foreign
For foreign
For foreign
Fly America
air transport
air transport
air transport
air transport
air transport
or trawl,
or travel.
or travel.
or travel.
or trawl.
>$2,000
Davis-Bacon Act
I
(including
ferry vessels)
>$100,006
>$1001000
>$1001000
Contract Work Rows and Safety
(except
I
(including
Standards Act
transportation
ferry vessels)
services)
,
FTAC4220.IF
11/01/2008
Rev. 04/14/2009
FEDERALLY REQUIRED AND OTHER MODEL. CLAUSES
APPLICABILITY OF THIRD PARTY CONTRACT CLAUSE
(excluding micro-purchases, except Davis-Bacon requirements apply to contracts over $
Appendix D
Page 7 of 8
.6
Copeland And-Kickback Act
>$2,000
(including
ferry vessbis)
Bonding
$100,000
Seismic Safety
A&E for New
New
Buildings &
Buildings &
Additions.
Transit Employee Protective
Transit
Arrangements .
Operations
Charter Service Operations
All
School Bus Operations
All
Drug Use and Testing
Transit
Operations
Alcohol Misuse and Testing
Transit
Operations
Patent Rights
Research &
Development
Rights in Data and Copyright
Research &
Requirements
Development
Energy Conservation
All
All
All
All
All
Recycled Products
Contracts for
Contracts for
Contracts for
items
. items
items
designated by
designated by
designated by
EPA, when
EPA, when
EPA, when
procuring
procuring
procuring
$10,000or
$10,000or
$10,000 or
more per year
more per year
more per year
Conformance with ITS National
ITS Projects
ITS Projects
ITS Projects
ITS Projects
ITS Projects
Architecture
I
ADA Access
A&E
All
All
All
All
Notification oFPederal
Limited fo
Limited to
Limited t6 I
Limited to
I im led to
Participation for States
States
States
States —L—States
FEDERAL CLAUSES LISTED IN VOLUME I EXCLUDING THE FEDERAL
PROVISIONS SECTION
CLAUSE
SITED IN CONTRACT EXCLUDING FEDERAL PROVISIONS
SECTION
N FEDERAL GOVERNMENT
BLIGATIONS TO THIRD
PARTIES (BY USE OF A
DISCLAIMER)
OR
CLAIMS CIVIL AND
CRIMINAL FRAUD
ACCESS TO THIRD PARTY
CONTRACT RECORDS
CHANGES TO FEDERAL
REQUIREMENTS
TERIMINATION
CIVIL RIGHTS (TITLE VI,
EEO, ADA)
DISADVANTAGES BUSINESS
ENTERPRISES DBE's)
INCORPORATION OF FTA
TERMS
SUSPENSION AND
DEBARMENT
BUY AMERICA
RESOLUTIONS OF DISPUTES,
BREACHES, OR OTHER
LITIGATION
LOBBYING
CLEAN AIR
CLEAN WATER
CARGO PREFERANCE
FLY AMERICA
DAVIS -BACON ACT
CONTRACT WORK HOURS
AND SAFETY STANDARDS
ACT
COPELAND ANTI- KICKBACK
ACT
BONDING
SEISMIC SAFETY
ENERGY CONSERVATION
RECYCLED PRODUCTS
CONFORMANCE WITH ITS
NATIONAL ARCHITECTURE
ADAACCESS
NOTIFICATION OF FEDERAL
PARTICIPATION FOR STATES
Page I of 2
You are here: ARRA/T!2 Loaas -> American Recovery and Reinvestment Act (ARRA) and DOT Tiger Loo
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American Recovery and Reinvestment Act Logos
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I o ARRAMGER LOGOS
the underlined file and
o ARRA Presentations
click on "Save Target As ",
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ARRAMGER Logo Guidance for PTA Grantees
Are FTA, grantees required to display any special signs or
logos to identify ARRA funded projects?
No. However, FTA grantees are strongly encouraged to use the
two logos unveiled on March 3, 2009, by President Obama that
v<rere designed to identify all Recovery Act projects approved and
funded by the U.S. Department of Transportation. The first logo
represents Recovery.Gov and for purposes of transparency and
accountability will be used government wide to show the public
where their tax dollars are working to promote economic recovery
and reinvestment in the nation's infrastructure. The second logo
is specific to the US DOT and includes the word TIGER, which
stands for Transportation Investment Generating Economic
Recovery. FTA has made available high resolution images
suitable for reproduction for grantees to download to produce
signs or decals to display on FTA funded ARRA projects.
FTA strongly encourages grantees to prominently display both
logos described above on all projects funded by the ARRA,
Given the wide variability of transit projects, FTA does not specify
a particular size or format of sign, but provides the following
guidelines:
liftp://w,%w.fta,dot.gov/prititer—friendly/tnd"_9440-9482.htm) 9/10/2009
L agc G VLL
e Signs should be designed to maximize visibility of the
logos and minimize any accompanying text.
c Minimal text may be included on the sign, for example,
"This Project funded by° preceding the logos, or "This
Station Improvement..." or "This Bus —," etc. as
appropriate, but text is not required,
The Recovery,Gov logo should be larger than the
TIGER logo.
Because the TIGER logo was designed to identify US
DOT ARRA projects, it is not necessary to display the
standard DOT triscalion seal in combination with the
TIGER logo.
It is not necessary to display the standard FTA mark in
combination with the TIGER logo.
* Grantees may adapt placement of the logos and may
design signs to be suitable to the specific project on
which they are displayed, but may not alter the design
and colors of the logos themselves.
F Signs at construction projects, for example facilities,
should be placed where they are visible to passersby and
to customers approaching the site.
e Revenue service vehicles may be identified by a decal
and/or bumper sticker visible to the public and to
boarding passengers.
* FTA understands that the useful life of a bumper sticker
or decal may be less than the useful life of the vehicle to
which it is attached, while a costly new facility funded by
ARRA might merit a more durable permanent sign.
ff.
If a construction project involves roadways, grantees
should use the guidance for road signs disseminated by
the 5HWA division offices.
Safety concerns should be taken into consideration in the
placement of signs, so as not to obscure traffic control
signs, for example, or create a hazard.
Grantees may use the Recovery.Gov and TIGER logos
on paper documents and websites related to ARRA
funded projects, for example bid documents and website
postings of contract awards.
The cost of producing and displaying the logos is an
eligible project administration cost in FTA ARRA grants.
For technical support related to downloading logo images, please
email: Webmaster. FTA.
littp: / /c ,,,ww.fta.dot.gov/ printer _friendly /index_ 9440_9482.Iituil 9/I0/2009
@AM
On January 0, 2000 the American Recovety and Reinvestment Act (ARRA) was signed into law by
President Obama to improve public welfare. If, you protect America's interests by reporting fraud, abuse, or
mismanagement of ARRA funds at your workplace, and are retaliated against as a result, Imow that
America is here for you.
American Recovery and Reinvestment Act of 2009. Pub. L. No. 797 -5, Section 1553
ADMINISTRATIVE REVIEW;
You have the right to file a complaint with the Office of Inspector General and receive
a timely investigation and response.
EEPRISAL-FREE:
You have the right to be free from discharge, demotion, or discrimination as a result of
disclosing:
Gross mismanagement of a stimulus- funded project.
c Gross waste of stimulus funds.
Danger to public health and safety related to a stimulus- funded project.
Violation of the law relating to stimulus funds ora stimulus - funded project.
e Abuse of authority related to the implementation of stimulus funds.
LEWES:
You have the right to receive remedies if the Office of Inspector General determines
you were subjected to an unlawful reprisal. Your employer may be ordered to abate
the reprisal, reinstate your employment, and you may receive compensation to
reimburse you for your attorney fees and other financial suffering experienced as a
result of the reprisal.
&TERNATIVES:
You have the right to take action against your employer in civil district court if the
Office of Inspector General does not respond within 210 days or determines that there
was not an unlawful reprisal.
@0 MEN
wvvw,oig.ciot.gov/recovery/Whistleblower_protections.jsp
Phone: 1- 800 -424 -9071 11AM: USDOTOIG
Email: hofline„opio dot oov P.O, Box 708
Fax: 1- 540 - 3732090 Fredericksburg, VA 22404
i �'%a
n
a
ARRA / MDC Reporting Due Date:
a) Section 1201 c into TEAM:
• February 17, 2010 for data as of January 31, 2010
• February 17, 2011 for data as of January 31, 2011
• February 17, 2012 for data as of January 31, 2012
b) Section 1512, Financial Status Report (FSR) and Milestone Progress Report (MPR) Quarterly:
• October 10, 2009 for the quarter ending September 30, 2009
c) US House of Representatives Committee on Transportation & Infrastructure:
d) OSBM Monthly ASE Scorecard, Mayor /Manager, OGC Report:
e) ASE Scorecard: Monthly
No
; >.,pata`:Elements
Data. '
1
Recipient Name
2
Recipient Type
FTA
3
Recipient State/Territory
FL / USA
4
Federal Formula Program
FL -96 -X028
5
Recipient DUNS Number
6
Recovery Act Funds Allocated
7
Recovery Act Funds Obligated
8
Recovery Act Funds Outla ed
9
Number of Projects Put Out to Bid
10
Recovery Act Funds Associated with Projects Put Out to Bid
11
Number of Projects Under Contract
12
Recovery Act Funds Associated with Projects under Contract
13
Number of Projects in which work has begun
14
Recovery Act Funds Associated with Projects in which work has begun
15
Number of Projects in which work has been completed
16
Recovery Act Funds Associated with completed Projects
17
Number of Direct, On- Project Jobs Created or Sustained by Recovery Act Funds
18
Total Job Hours Created or Sustained by Recovery Act Funds
19
Total Overtime Job Hours Created or Sustained by Recovery Act Funds
20
Total Payroll of Jobs Hours Created or Sustained by Recovery Act Funds
21
Aggregate Expenditure from State Sources for Projects Eligible for Funds under the
Federal Formula Program during the Period from 2/17109 thru this Reporting Period
22
Amount of Funds Recipient Planned to spend as of 2117109 from State Sources for
Projects Eligible for funding under the Federal Formula Program during the period
From 2/17109 through 9130/10
23
Any decrease (from the row above) in the amount of funds the Recipient plans to
spend from State sources for the projects eligible for funding under the Federal
Formula Program during the period from 2/17109 through 9130/10
24
25
26
27
28
FTA ARRA_Elements_Compliance_Matrix Draft 1 pan. 1 of a
View Print Page 36 of 41
maintenance of effort certification it has made in compliance with Section 1201 of
Recovery Act.
I. Emblems. The Recipient agrees to use signs and materials that display both the
American Recovery and Reinvestment Act (Recovery Act) emblem and the Transportation
Investment Generating Economic Recovery (TIGER) program emblem to identify its
Project(s) financed with Recovery Act funds that are provided by U.S. DOT in a manner
consistent with Federal guidance, and to include this provision in any subagreements,
eases, third party contracts, or other similar documents used in connection with its
Recovery Act Project(s).
j. Further Requirements, The Recipient agrees to comply with applicable future Federal
requirements that may be imposed on the use of Recovery Act funds.
Comments to DQL
Comment Title:
DOL Certification
Comment By:
Margarita M Sandberg
Date Created:
Jun. 09, 2009
Date Updated:
Aug. 03, 2009
Ref Section:
Unknown
Comment:
Please consider this ARRA application for certification under the provisions of 49 USC
Section 5333 (b) at your earliest convenience. Grant activities include MDT's and 24
Municipalities sub - allocation vehicle purchases, transit hub & parking area construction,
bus storage lot, shelters, and security items. Please contact Doug Greist at
dgreist @miamidade.gov or via phone at 786-469 -5347 for any questions regarding this
grant.
Part 8- Results of Reviews
The reviewer did not find any errors
i�<d !'il�rmnt� "Il
UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
FEDERAL TRANSIT ADMINISTRATION
GRANT AGREEMENT
(FTA G -15, October 1, 2008)
On the date the authorized U.S. Department of Transportation, Federal Transit Administration (FTA) official's
electronic signature is entered for this Grant Agreement, FTA has Awarded Federal assistance in support of the
Project described below. Upon Execution of this Grant Agreement by the Grantee named below, the Grantee
affirms this FTA Award, and enters into this Grant Agreement with FTA. The following documents are
incorporated by reference and made part of this Grant Agreement:
(1) \ "Federal Transit Administration MasterAgreement,C' FTA MA(15), October 1, 2008,
http:llwww.fta.dot.gov/documents/1 5-Master. pdf
(2) The Certifications and Assurances applicable to the Project that the Grantee has selected and provided to
FTA, and
View Print Page 37 of 41
(3) Any Award notification containing special conditions or requirements, if issued.
FTA OR THE FEDERAL GOVERNMENT MAY WITHDRAW ITS OBLIGATION TO PROVIDE FEDERAL
ASSISTANCE IF THE GRANTEE DOES NOT EXECUTE THIS GRANT AGREEMENT WITHIN 90 DAYS
FOLLOWING THE DATE OF THIS FTA AWARD SET FORTH HEREIN,
FTA AWARD
FTA hereby awards a Federal grant as follows:
Project No FL -96- X028 -00
Grantee: MIAMI- DADETRANSITAGENCY
Citation of Statutes) Authorizing Project: 49 USC 5307 - Urbanized Area Formula - Economic Recovery
Estimated Total Eli ible Cost (in U.S. Dollars $64,546,862
Maximum FTA Amount Awarded flncluding All Amendments7Sin U.S Dollars) $64,546,862
Amount of This FTA Award (in U.S. Dollars . $64,546,862
Maximum Percentages) of FTA Participation
Percentages of Federal participation are based on amounts included in the Approved Project Budget, modified as
set forth in the text following the Project Description.
U.S. Department of Labor Certification of Public Traortafion Employee Protective Arrangements•
Original Project Certification Date: 7/9/2009
Project Description
ARRA- 62Veh,Canopy /Shelt,Pedlmp, F
The Project Description includes information describing the Project within the Project Application submitted to
FTA, and the Approved Project Budget, modified by any additional statements displayed in this Grant Agreement,
and, to the extent FTA concurs, statements in other documents including Attachments entered into TEAM -Web.
Special Provisions for Projects Financed Under the American Recovery and Reinvestment Act (Recovery Act).
The Recipient agrees that the following provisions apply to American Recovery and Reinvestment Act of 2009
(Recovery Act) funds authorized under Pub. L. 111 -5, February 17, 2009, and agrees to comply with the
requirements thereof, except to the extent FTA determines otherwise in writing;
a ,- Identification of Recovery Act Funding. A Grant Agreement or Cooperative Agreement financed with Recovery
'Act funds will indicate that the Recovery Act is the source of funding as follows:
(1) If the "Citation of Statute(s) Authoring Project" of the underlying Grant Agreement displays "49 USC 5307 —
Urbanized Area - Economic Recovery," the Project or Projects are financed with Recovery Act funds appropriated
for the Transit Capital Assistance for the Urbanized Area Formula Grant Program authorized by 49 U.S.C, § 5307.
�, 1dentification of Project(s). The Project or Projects for which Recovery Act funding is provided are set forth in
the Recipient's application and reflected in the Approved Project Budget.
c�< Federal Requirements. In addition to applicable Recovery Act statutory and regulatory requirements, the
Recipient agrees that applicable requirements of 49 U.S.C. chapter 53 apply to federally assisted transit projects
financed with Recovery Act funds and the Recovery Act funding, except that the Federal share of the costs for
which any Grant is made under this heading shall be, at the option of the recipient, up to 100 percent.
View Print
Page 38 of 41
A �U.S. OMB Provisions. The Recipient agrees to comply with applicable provisions of U.S. Office of
Management and Budget, "Requirements for Implementing Sections 1512, 1605, and 1606 of the American
Recovery and Reinvestment Act of 2009 for Financial Assistance Awards," 2 G.F.R. Part 176, 74 Fed. Reg.
18449 et seq., April 23, 2009. Specifically, the Recipient acknowledges and agrees to comply with the following
provisions
(1) Reporting and Registration Requirements under Section 1512 of the Recovery Act.
(a) This award requires the recipient to complete projects or activities which are funded under the Recovery
Act and to report on use of Recovery Act funds provided through this award. Information from these reports will be
made mailable to the public.
(b) The Recipient agrees to submit the requisite reports no later than ten calendar days after each calendar
quarter in which it receives the Federal assistance award funded in whole or in part by the Recovery Act.
(c) The Recipient agrees to maintain, and to require its first -tier subrecipients to maintain, current
registrations in the Central Contractor Registration (http: / /www.ecr.gov) at all times during which they have active
federal awards funded with Recovery Act funds. A Dun and Bradstreet Data Universal Numbering System
(DUNS) Number (http: / /www.dnb.com) is one of the requirements for registration in the Central Contractor
Registration.
(d) The recipient agrees to report the information described in section 1512(c) of the Recovery Act using the
reporting instructions and data elements that will be provided online at http: / /Www.FederalReporting,gov and
ensure that any information that is pre - filled is corrected or updated as needed.
(2) Buy America Requirements under Section 1605 of the Recovery Act. Statutory provisions of 49 U.S.C.
Chapter 53 impose Buy America requirements sufficient for compliance with Section 1605 of the Recovery Act
(3) Wage Rate Requirements under Section 1606 of the Recovery Act. Statutory provisions of 49 U.S.C.
Chapter 53 impose Wage Rate requirements involving construction, alteration, maintenance, or repair sufficient
for compliance with Section 1606 of the Recovery Act.
(4) Recovery Act Transactions Listed in Schedule of Expenditures of Federal Awards and Recipient
Responsibilities for Informing Subrecipients.
(a) To maximize the transparency and accountability of funds authorized under the Recovery Act as required
by Congress and in accordance with 49 C.F.R. § 18.20 or 49 C.F.R. § 19.21, as applicable, the Recipient agrees
to maintain records that identify adequately the source and application of Recovery Act funds.
(b) A Recipient covered by the Single Audit Act Amendments of 1996 and OMB Circular A -133, "Audits of
States, Local Governments, and Non - Profit Organizations," agrees to separately identify the expenditures for
Federal awards under the Recovery Act on the Schedule of Expenditures of Federal Awards (SEFA) and the Data
Collection Form (SF -SAC) required by OMB Circular A -133. The Recipient agrees to accomplish this by
identifying expenditures for Federal awards made under Recovery Act separately on the SEFA, and as separate
rows under Item 9 of Part III on the SF -SAC by CFDA number, and inclusion of the prefix "ARRA -" in identifying
the name of the Federal program on the SEFA and as the first characters in Item 9d of Part III on the SF -SAC:
(c) The Recipient agrees to separately identify to each subrecipient, and document at the time of subaward
and at the time of disbursement of funds, the Federal award number, CFDA number, and amount of Recovery Act
funds. When the Recipient awards Recovery Act funds for an existing program, the Recipient agrees to furnish
sufficient information to each subrecipient that distinguishes the subawards of incremental Recovery Act funds
from regular subawards under the existing program.
(d) The Recipient agrees to require each subrecipient to include on its SEFA information to specifically
identify Recovery Act funding similar to the requirements for the recipient SEFA described above. This information
is needed to allow the Recipient to properly monitor subrecipient expenditure of ARRA funds as well as oversight
by FTA, DOT, Offices of Inspector General and the Government Accountability Office.
e. One -Time Funding. The Recipient acknowledges that receipt of Recovery Act funds is a "one- time"
disbursement that does not create any future obligation by the FTA to advance similar funding amounts.
View Print
Page 39 of 41
f. Integrity. The Recipient agrees that all data it submits to FTA in compliance with Recovery Act requirements
will be accurate, objective, and of the highest integrity.
g. Violations of Law. The Recipient agrees that it and each of its subrecipients shall report to the U.S. DOT
Inspector General or other appropriate Inspector General any credible evidence that a principal, employee, agent,
contractor, subrecipient, subcontractor, or other person has submitted a false claim under the False Claims Act,
31 U.S.C. §§ 3729 at seq., or has committed a criminal or civil violation of law pertaining to fraud, conflict of
interest, bribery, gratuity, or similar misconduct involving Recovery Act funds.
h. Maintenance of Effort. A Recipient that is a State agrees to comply with the maintenance of effort certification
it has made in compliance with Section 1201 of Recovery Act.
i, Emblems. The Recipient agrees to use signs and materials that display both the American Recovery and
Reinvestment Act (Recovery Act) emblem and the Transportation Investment Generating Economic Recovery
(TIGER) program emblem to identify its Project(s) financed with Recovery Act funds that are provided by U.S.
DOT in a manner consistent with Federal guidance, and to include this provision in any subagreements, leases,
third party contracts, or other similar documents used in connection with its Recovery Act Project(s).
j. Further Requirements. The Recipient agrees to comply with applicable future Federal requirements that may
be imposed on the use of Recovery Act funds.
This award of Federal financial assistance is subject to the terms and conditions set forth in the U.S. Department
of Labor's certification letter dated July 9, 2009, to the Federal Transit Administration with respect to this
numbered grant, including any attachments to the letter, which are fully incorporated herein by reference.
Awarded By:
Yvette Taylor
Regional Administrator
FEDERAL TRANSIT ADMINISTRATION
U.S. DEPARTMENT OF TRANSPORTATION
08/20/2009
EXECUTION OF GRANT AGREEMENT
The Grantee, by executing this Grant Agreement, affirms this FTA Award; adopts and ratifies all statements,
representations, warranties, covenants, and materials it has submitted to FTA; consents to this FTA Award; and
agrees to all terms and conditions set forth in this Grant Agreement.
By executing this Grant Agreement, I am simultaneously executing any Supplemental Agreement that may be
required to effectuate this Grant Agreement.
Executed by:
Harpal S Kapoor
Director
MIAMI -DADE TRANSIT AGENCY
08/21/2009
G L-96- XO28 -00 Quarterly Nar ratNe Repot
Apr. 01, 2009 through Jun. 30, 2009
As Of Sep. 11, 2009
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RESOLUTION NO.: 91 -09 -12900
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A LOCAL
AGENCY PROGRAM AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION_(PDOT) TO ACCEPT AND USE FEDERAL STIMULUS FUNDS AS
PER THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) 2009 FOR
TRANSPORTATION AND ENHANCEMENT INFRASTRUCTURE IMPROVEMENTS
ALONG SUNSET DRIVE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the American Recovery and Reinvestment Act of 2009 was signed into law by
President Obama on February 17, 2009 with the purpose of stimulating the economy by creating jobs;
and
WHEREAS, the ARRA includes funds to improve and enhance our transportation infrastructure;
and
WHEREAS, FDOT's • LAP agreement Is 'the funding mechanism by which local agencies
(municipalities) are able to access federal stimulus funds that are directly allocated under the ARRA
2009; and
WHEREAS, the Mayor and City Commission . wishes to apply federal stimulus funds on
transportation and enhancement infrastructure improvements along Sunset Drive; and
NOW, THEREFORE, BE IT RESOLVS0 BY THE MAYOR AND CITY COMMISSION OT THE
CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1: The City Commission authorizes the City Manager to execute a Local Agency
Program agreement with the Florida Department of Transportation, to accept and use federal stimulus
funds related to the American Recovery and Reinvestment Act (ARRA) 2009 for transportation and
enhancement infrastructure Improvements along Sunset Drive.
Section 2: The attached exhibit Is Incorporate by reference Into this resolution.
PASSED AND ADOPTED this 5th day of May 2009,
ATTEST:
APPROVED:
/ ,6-1(k A I
MAYOR
READ AND APPROVED AS TO FORM: COMMISSION VOTE: 4 -0
Mayor Fellu: yea
Vice Mayor Beasley: Yea
Commissioner Palmer: Yea
GITYA EY Commissioner Newman: Yea
Carlos Alvarez, Mayor
February 24, 2010
Ms. Carol Aubrun
City of South Miami
6130 Sunset' Drive
South Miami, Florida 33143
Dear Ms. Aubrun
Transit
701 NW 1st Court• 17th Floor
Miami, Florida 33136
T 786- 469.5675 F 786- 469 -5580
miamidade.gov
On January 25 -27, 2010, the Federal Transit Administration (FTA) conducted an American Recovery and
Reinvestment ACT (ARRA) grants review to determine whether MDT and its sub recipients are administering
its FTA- funded programs in accordance with Federal Transit law provisions. The review was led by Advanced
Systems Technology and Management (AdSTM), Incorporation. While the review was not an audit, it was an
assessment of MDT's management practices and program implementation to evaluate compliance with
Federal requirements. The auditors reviewed samples of the Interlocal Agreements and below is the finding
for the above aforementioned agreements.
The review found the executed Interlocal Agreements must be updated to include language outlining FTA
requirements for sub recipients of federal funding. The requirements for satisfactory continuing control and
maintenance requirements were peripherally mentioned in all of the agreements.
The specific sections can be found in the Attachment C and are as follows:
FTA Master Agreement
Section 19. Use of Real Property, Equipment and Supplies
Section 28. Charter Service Operations
Section 29. School Transportation Operations
Section 39. Special Provisions for the Urbanized Area Formula Program
FTA Circular 9030.1 Chapter V
Section 5D
Section 5E
Section 10A
FTA requires each sub recipient to provide a signature page acknowledging receipt and incorporation of the
Attachment C.
Please sign and forward the signature page to my attention. If you need further explanation, please feel free
to contact me at 786469 -5417.
spryectfully,
Debra D. Owens
Special Assista�tt "Goverfimena�"Affairs ,,.
Received y: t to
ATTACHMENT C
MDT Grants Administration unit will provide all municipalities the following sections from
the FTA Master Agreement and FTA Circular 9030.1 to address the above
aforementioned finding.
Section 19. Use of Real Property, Equipment, and Supplies
Section 28. Charter Service Operations
Section 29. School Transportation Operations
Section 39. Special Provisions for the Urbanized Area Formula Program
Section 19. Use of Real Property, Equipment, and Supplies.
The Recipient understands and agrees that the Federal Government retains a Federal
interest in any real property, equipment, and supplies financed with Federal assistance
(Project property) until, and to the extent, that the Federal Government relinquishes its
Federal interest in that Project property. With respect to any Project property financed
with Federal assistance under the Grant Agreement or Cooperative Agreement, the
Recipient agrees to comply with the following provisions of this Master Agreement,
except to the extent FTA determines otherwise in writing:
a. Use of Project Propert y. The Recipient agrees to maintain continuing control of the
use of Project property to the extent satisfactory to FTA. The Recipient agrees to use
Project property for appropriate Project purposes (which may include joint development
purposes that generate program income, both during and after the Project's award
period and used to support public transportation activities) for the duration of the useful
life of that property, as required by FTA. Should the Recipient unreasonably delay or fail
to use Project property during the useful life of that property, the Recipient agrees that it
may be required to return the entire amount of the Federal assistance expended on that
property. The Recipient further agrees to notify FTA immediately when any Project
property is withdrawn from Project use or when any Project property is used in a
manner substantially different from the representations the Recipient has made in its
Application or in the Project Description for the Grant Agreement or Cooperative
Agreement for the Project.
b. General. A Recipient that is a State, local, or Indian tribal government agrees to
comply with the property management standards of 49 C.F.R. §§ 18.31 through 18.34,
including any amendments thereto, and with other applicable Federal regulations in
accordance with applicable Federal directives. A Recipient that is an institution of higher
education or private nonprofit entity, agrees to comply with the property management
standards of 49 C.F.R. §§ 19.30 through 19.37, including any amendments thereto, and
with other applicable Federal regulations in accordance with applicable Federal
directives. Any exception to the requirements of 49 C.F.R. §§ 18.31 through 18.34, or
the requirements of 49 C.F.R. §§ 19.30 through 19.37, requires the express approval of
the Federal Government in writing. A Recipient that is a for - profit entity agrees to
comply with property management standards satisfactory to FTA. The Recipient also
agrees to comply with FTA's reimbursement requirements for premature dispositions of
certain Project equipment, as set forth in Subsection 19.g of this Master Agreement.
FTA Master Agreement MA(15), 10 -1 -2008 44
C. Maintenance. The Recipient agrees to maintain Project property in good operating
order, in compliance with any applicable Federal laws and regulations in accordance
with applicable Federal directives, except to the extent that FTA determines otherwise in
writing.
d. Records. The Recipient agrees to keep satisfactory records pertaining to the use of
the Project property, and submit to FTA upon request such information as may be
required to assure compliance with this Section 19 of this Master Agreement.
e. Incidental Use. The Recipient agrees that:
(1) General. Any incidental use of Project property will not exceed that permitted under
applicable Federal laws or regulations in accordance with applicable Federal directives.
(2) Alternative Fueling Facilities. In accordance with 49 U.S.C. § 5323(p), any incidental
use of its federally, financed alternative fueling facilities and equipment by nontransit
public entities and private entities will be permitted, only if:
(a) The incidental use does not interfere with the Recipient's Project or public
transportation operations;
(b) The Recipient fully recaptures all costs related to the incidental use from the
nontransit public entity or private entity;
(c) The Recipient uses revenues received from the incidental use in excess of costs for
planning, capital, and operating expenses that are incurred in providing public
transportation; and
(d) Private entities pay all applicable excise taxes on fuel.
f. Encumbrance of Project Property. Unless FTA approves otherwise in writing, the
Recipient agrees to maintain satisfactory continuing control of Project property as
follows:
(1) Written Transactions. Absent the express consent of the Federal Government, the
Recipient agrees that it will not execute any transfer of title, lease, lien, pledge,
mortgage, encumbrance, third party contract, sub agreement, grant anticipation note,
alienation, innovative finance arrangement (such as a cross border lease, leveraged
lease, or otherwise), or any other obligation pertaining to Project property, that in any
way would affect the continuing Federal interest in that Project property.
(2) Oral Transactions. Absent the express consent of the Federal Government, the
Recipient agrees that it will not obligate itself to any third party with respect to Project
property in any manner that would adversely affect the continuing Federal interest in
any Project property.
(3) Other Actions. The Recipient agrees that it will not take any action that would either
adversely affect the Federal interest or adversely impair the Recipient's continuing
control of the use of Project property.
FTA Master Agreement MA(15), 10 -1 -2008 45
g. Transfer of Project Property. The Recipient understands and agrees as follows:
(1) Recipient Request. The Recipient may transfer any Project property financed with
Federal assistance authorized under 49 U.S.C. chapter 53 to a local governmental
authority to be used for any public purpose with no further obligation to the Federal
Government, provided the transfer is approved by the Federal Transit Administrator and
conforms with the requirements of 49 U.S.C. §§ 5334(h)(1) through 5334(h)(3).
(2) Federal Government Direction. The Recipient agrees that the Federal Government
may direct the disposition of, and even require the Recipient to, transfer title to any
Project property financed with Federal assistance awarded under the Grant Agreement
or Cooperative Agreement.
(3) Leasing Project Property to Another Party. Unless FTA has determined or
determines otherwise in writing, if the Recipient leases any Project property to another
party, the Recipient agrees to retain ownership of the leased Project property, and
assures that the lessee will use the Project property appropriately, either through a
written lease between the Recipient and lessee, or another similar document. Upon
request by FTA, the Recipient agrees to provide a copy of any relevant documents.
h. Disposition of Proiect Property. With prior FTA approval, the Recipient may sell,
transfer, or lease Project property and use the proceeds to reduce the gross project cost
of other eligible capital public transportation projects to the extent permitted by 49
U.S.C. § 5334(h)(4). The Recipient also agrees that FTA may establish the useful life of
Project property, and that it will use Project property continuously and appropriately
throughout the useful life of that property.
(1) Project Property Whose Useful Life Has Expired. When the useful life of Project
property has expired, the Recipient agrees to comply with FTA's disposition
requirements.
(2) Project Property Prematurely Withdrawn from Use. For Project property withdrawn
from appropriate use before its useful life has expired, the Recipient agrees as follows:
(a) Notification Requirement. The Recipient agrees to notify FTA immediately when any
Project property is prematurely withdrawn from appropriate use, whether by planned
withdrawal, misuse, or casualty loss.
(b) Calculating the Fair Market Value of Prematurely Withdrawn Proiect Property. The
Recipient agrees that the Federal Government retains a Federal interest in the fair
market value of Project property prematurely withdrawn from appropriate use. The
amount of the Federal interest in the Project property shall be determined on the basis
of the ratio of the Federal assistance made available for the property to the actual cost
of the property. The Recipient agrees that the fair market value of Project property
prematurely withdrawn from Project use will be calculated as follows:
1. Equipment and Supplies. Unless otherwise determined in writing by FTA, the
Recipient agrees that the fair market value of Project equipment and supplies shall be
calculated by straight -line depreciation, based on the useful life of the equipment or
supplies as established
FTA Master Agreement MA(15), 10 -1 -2008 46
or approved by FTA. The fair market value of Project equipment and supplies shall be
the value immediately before the occurrence prompting the withdrawal of the equipment
or supplies from appropriate use. In the case of Project 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 the equipment or supplies immediately before the fire,
casualty, or natural disaster, irrespective of the extent of insurance coverage. As
authorized by 49 C.F.R. § 18.32(b), a State may use its own disposition procedures,
provided that those procedures comply with the laws of that State.
2. Real Property. The Recipient agrees that the fair market value of real property
financed under the Project shall be determined by FTA either on the basis of competent
appraisal based on an appropriate date approved by FTA, as provided by 49 C.F.R.
Part 24, by straight line depreciation of improvements to real property coupled with the
value of the land as determined by FTA on the basis of appraisal, or by other Federal
law or regulations that may be applicable.
3. Exceptional Circumstances. The Recipient agrees that the Federal Government may
require the use of another method to determine the fair market value of withdrawn
Project property. In unusual circumstances, the Recipient may request another
reasonable method including, but not limited to, accelerated depreciation, comparable
sales, or established market values. In determining whether to approve such a request,
the Federal Government may consider any action taken, omission made, or unfortunate
occurrence suffered by the Recipient pertaining to the preservation of Project property
no longer used for appropriate purposes.
(c) Financial Obligations to the Federal Government. Unless otherwise approved in
writing by the Federal Government, the Recipient agrees to remit to the Federal
Government the Federal interest in the fair market value of any Project property
prematurely withdrawn from appropriate use. In the case of fire, casualty, or natural
disaster, the Recipient may fulfill its obligations to remit the Federal interest by either:
1. Investing an amount equal to the remaining Federal interest in like -kind property that
is eligible for assistance within the scope of the Project that provided Federal assistance
for the property that has been prematurely withdrawn from use; or
2. Returning to the Federal Government an amount equal to the remaining Federal
interest in the withdrawn Project property.
L Insurance Proceeds. If the Recipient receives insurance proceeds as a result of
damage or destruction to the Project property, the Recipient agrees to:
(1) Apply those insurance proceeds to the cost of replacing the damaged or destroyed
Project property taken out of service, or
(2) Return to the Federal Government an amount equal to the remaining Federal
interest in the damaged or destroyed Project property.
j. Transportation - Hazardous Materials. The Recipient agrees to comply with applicable
requirements of U.S. Pipeline and Hazardous Materials Safety Administration
regulations,
FTA Master Agreement MA(15), 10 -1 -2008 47
"Shippers - General Requirements for Shipments and Packaging's," 49 C.F.R. Part 173,
in connection with the transportation of any hazardous materials.
k. Misused or Damaged Proiect Property. If any damage to Project property results from
abuse or misuse occurring with the Recipient's knowledge and consent, the Recipient
agrees to restore the Project property to its original condition or refund the value of the
Federal interest in that property, as the Federal Government may require.
I. Responsibilities After Proiect Closeout. The Recipient agrees that Project closeout will
not change the Recipient's Project property management responsibilities as stated in
Section 19 of this Master Agreement, and as may be set forth in Federal laws,
regulations, and directives effective at a later date, except to the extent the Federal
Government determines otherwise in writing.
Section 28. Charter Service Operations.
The Recipient agrees that neither it nor any public transportation operator performing
work in connection with a Project financed under 49 U.S.C. chapter 53 or under 23
U.S.C. §§ 133 or 142, will engage in charter service operations, except as authorized by
49 U.S.C. § 5323(d) and FTA regulations, "Charter Service," 49 C.F.R. Part 604, and
any Charter Service regulations or FTA directives that may be issued, except to the
extent that FTA determines otherwise in writing. The Charter Service Agreement the
Recipient has selected in its latest annual Certifications and Assurances is incorporated
by reference and made part of the Grant Agreement or Cooperative Agreement for the
Project. If the Recipient has failed to select the Charter Service Agreement in its latest
annual Certifications and Assurances to FTA and does conduct charter service
operations prohibited by ETA's Charter Service regulations, the Recipient understands
and agrees that: (1) the requirements of FTA's Charter Service regulations and any
amendments thereto will apply to any charter service it or its sub recipients, lessees,
third party contractors, or other participants in the Project provide; (2) the definitions of
FTA's Charter Service regulations will apply to the Recipient's charter operations, and
(3) a pattern of violations of FTA's Charter Service regulations may require corrective
measures and imposition of remedies, including barring the Recipient, sub recipient,
lessee, third party contractor, or other participant in the
FTA Master Agreement MA(15), 10 -1 -2008 56
Project operating public transportation under the Project from receiving Federal financial
assistance from FTA, or withholding an amount of Federal assistance as set forth in
Appendix D to those regulations. [Amendments to FTA regulations, "Charter Service,"
49 C.F.R. Part 604, were published at 73 Fed. Reg. 2325 et seq., January 14, 2008,
and amended at 73 Fed. Reg, 44927 et seq., August 1, 2008, and at 73 Fed. Reg.
46554 et seq., August 11 2008.]
Section 29. School Transportation Operations.
The Recipient agrees that neither it nor any public transportation operator performing
work in connection with a Project financed under 49 U.S.C. chapter 53 or under 23
U.S.C. §§ 133 or 142, will engage in school transportation operations for the
transportation of students or school personnel exclusively in competition with private
school transportation operators, except as authorized by 49 U.S.C. §§ 5323(f) or (g), as
applicable, and FTA regulations, "School Bus Operations," 49 C.F.R. Part 605 to the
extent consistent with 49 U.S.C. §§ 5323(f) or (g), in accordance with any School
Transportation Operations regulations or FTA directives that may be issued at a later
date, except to the extent that FTA determines otherwise in writing. The School
Transportation Operations Agreement the Recipient has selected in its latest annual
Certifications and Assurances is incorporated by reference and made part of the Grant
Agreement or Cooperative Agreement for the Project. If the Recipient has failed to
select the School Transportation Agreement in its latest annual Certifications and
Assurances to FTA and does conduct school transportation operations prohibited by
FTA's School Bus Operations regulations, 49 C.F.R. Part 605, to the extent those
regulations are consistent with 49 U.S.C. §§ 5323(f) or (g), the Recipient understands
and agrees that: (1) the requirements of FTA's School Bus Operations regulations, 49
C.F.R. Part 605, to the extent consistent with 49 U.S.C. §§ 5323(f) or (g), will apply to
any school transportation service it or its sub recipients, lessees, third party contractor,
or other participants in the project provide, (2) the definitions of FTA's School Bus
Operations regulations will apply to the Recipient's school transportation operations,
and (3) if there is a violation of ETA's School Bus Operations regulations to the extent
consistent with 49 U.S.C. §§ 5323(f) or (g ), FTA will bar the Recipient, sub recipient,
lessee, third party contractor, or other Project participant operating public transportation
that has violated ETA's School Bus Operations regulations, 49 C.F.R. Part 605, to the
extent consistent with 49 U.S.C. §§ 5323(f) or (g), from receiving Federal transit
assistance in an amount FTA considers appropriate.
Section 39. Special Provisions for the Urbanized Area Formula Program.
The Recipient agrees that the following provisions apply to Urbanized Area Formula
Program assistance authorized under 49 U.S.C. § 5307, and agrees to comply with the
Federal laws and regulations applicable to that program in accordance with applicable
FTA directives, except to the extent that FTA determines otherwise in writing:
a. Fares and Services. Before increasing fares or instituting a major reduction of
service, the Recipient agrees to use its established administrative process to solicit and
consider public comment.
b. Audit Requirements. The Recipient agrees that the Federal Government may
conduct, or may require the Recipient to engage an independent entity to conduct,
annual or more frequent reviews and audits as required by 49 U.S.C. § 5307(h) and
applicable Federal laws and regulations in accordance with applicable Federal
directives. The Recipient agrees that such audits will be conducted in accordance with
U.S. GAO "Government Auditing Standards."
c. Half -Fare Requirements. The Recipient agrees that the fares or rates it charges
elderly individuals and handicapped individuals during nonpeak hours for public
transportation using or involving Project property will not exceed one -half the rates that
generally apply to other individuals at peak hours, irrespective of whether the operation
of Project facilities or equipment is by the Recipient or by another entity connected with
the Project, either through lease, third party contract, or otherwise. The Recipient also
agrees to give the rate required herein to any individual presenting a Medicare card duly
issued to that individual pursuant to Title II or XVIII of the Social Security Act, 42 U.S.C.
§§ 401 et seq., or 42 U.S.C. §§ 1395 et seq., respectively.
d. Use of Formula Assistance for Operations. A Recipient authorized to use Federal
assistance authorized under 49 U.S.C. § 5307 to support operations agrees as follows:
(1) The Recipient will comply with the restrictions of 49 U.S.C. §§ 5307(b) and 5307(f) in
using Urbanized Area Formula Program assistance for operations, unless permitted
otherwise by Federal law, regulation, or directive issued at a later date.
FTA Master Agreement MA(15), 10 -1 -2008 60
(2) Federal assistance authorized by 49 U.S.C. § 5307 may be applied to the Net
Project Cost of the Recipient's operating expenses incurred during the Project time
period as set forth in the Approved Project Budget and, with FTA approval, may be
extended to a later date to the extent permitted by law, provided that applicable
operating assistance limits are not exceeded.
e. Public Transportation Security. For each fiscal year, the Recipient agrees to spend at
least one (1) percent of its Federal assistance authorized under 49 U.S.C. § 5307 for
public transportation security projects as described in 49 U.S.C. § 5307(d)(1)(J)(i),
unless the Recipient has determined that such expenditures for security projects are not
necessary. For a Recipient serving an urbanized area with a population of 200,000 or
more, only capital projects are eligible for support with that Federal assistance.
f. Public Transportation Enhancements. If the Recipient serves an urbanized area with a
population of 200,000 or more, the Recipient agrees to spend each fiscal year at least
one (1) percent of its Federal assistance authorized under 49 U.S.C. § 5307 for public
transportation enhancements as defined at 49 U.S.C. § 5302(a), and submit an annual
report listing the projects carried out in the preceding fiscal year with that Federal
assistance.
g. Reporting Requirements. For each fiscal year, the Recipient agrees to conform, and
assures that any public transportation operator to which the Recipient provides Federal
assistance authorized under 49 U.S.C. § 5307 will conform, to the National Transit
Database 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 comply with implementing
FTA regulations, "Uniform System of Accounts and Records and Reporting System," 49
C.F.R. Part 630, and any other reporting regulations in accordance with FTA directives.
h. Participation of Sub recipients. The Recipient agrees to enter into a written
agreement with each sub recipient participating in an Urbanized Area Formula Project,
which agreement sets forth the sub recipient's responsibilities, and includes appropriate
clauses imposing requirements necessary to assure that the sub recipient will not
compromise the Recipient's compliance with Federal requirements applicable to the
Project and the Recipient's obligations under the Grant Agreement for the Project and
this Master Agreement.
FTA Circular 9030.1 Chapter V: Section 5: (D) Satisfactory Continuing Control
(E) Maintenance
Section 10: (A) Bus Facilities
d. Satisfactory Continuing Control. Section 5307(d)(1)(B) provides that the
grantee must annually certify that it "has or will have satisfactory continuing
control over the use of the equipment and facilities ... " through operation or
lease or otherwise.
An FTA grantee must maintain control over federally funded property; ensure that
it is used in transit service, and dispose of it in accordance with Federal
requirements. If the grantee leases federally funded property to another party, the
lease must provide the grantee satisfactory continuing control over the use of that
property. Control over FTA- funded facilities and equipment is determined in two
areas: real property (land) and facilities; and personal property, (equipment and
rolling stock, both revenue and non - revenue). FTA requirements are for adequate
property control as shown, for example, through an inventory system; for proper
use and disposition of property as shown, for example, by conforming with FTA
procedures described in the grants management circular (FTA C 5010.1 C) for
disposing of property; and for safeguards against loss, theft, or damage.
e. Maintenance. The grant applicant must annually certify that pursuant to
49 U.S.C. Section 5307(d)(1)(C), it will maintain (federally funded) facilities
and equipment.
The grantee must keep equipment and facilities acquired with Federal assistance
in good operating order. This includes maintenance of rolling stock (revenue and
non - revenue), machinery and equipment, and facilities. Every grant recipient of
Urbanized Area Formula Program funds must have in its files a maintenance
plan. The maintenance plan should identify the goals and objectives of a
maintenance program, which may include, for example, vehicle life, frequency of
road calls, and maintenance costs compared to total operating costs. The
maintenance program, therefore, should establish the means by which such
goals and objectives will be obtained.
a. General Philosophy. FTA assists in building two categories of bus facilities:
1. facilities that support transit operations, such as maintenance garages
and administrative buildings, and
2. facilities that provide passenger amenities and extend into the urban
environment, such as bus terminals, stations, shelters, and park -and-
ride lots.
FTA supports projects that are transit - related; an applicant will need to justify
costs that are only indirectly related to transit. FTA participates in those portions
of a project most physically and functionally connected to transit. Generally
speaking, FTA does not participate in costs outside the "transit footprint' of a
development project. FTA does participate in joint development projects as
discussed in Chapter III, paragraph 41. TEA -21 provides that joint development
projects are eligible capital costs for all of the FTA grant programs. A grant
applicant interested in applying Urbanized Area Formula Program funds to a
joint development project should refer to FTA Circular 9300.1A, "FTA Capital
Program: Grant Application Instructions,' Appendix B, for amplification
concerning joint development projects.
With regard to intermodal facilities, FTA will participate on a rp o rata basis,
based on the public transit use or portion of the project. FTA assistance for
parking is generally limited to parking for transit passengers or ride- sharing.
FTA funds may not be used to support parking for shoppers or sports events
unrelated to transit usage. To ensure that Federal funds appropriated for transit
purposes are used as Congress intended, FTA may require a grantee to reserve
FTA- assisted parking areas for transit users. Incidental use of parking areas,
however, may be acceptable. An example of acceptable incidental use would be
weekend use by shoppers of a parking area normally restricted for transit users
during the week.