Interlocal Agreement MDTransit Agency - i , 1
7 -7-1----
Attachment 1 a 0 // - 0273 - 40
Interlocal Agreement Between
Miami -Dade Transit Agency and the City of Miami Beach
For Federal Funding Pass - Through Arrangements with the American Recovery and
Reinvestment Act (ARRA) of 2009 Federal Transit Administration (FTA 5307) for the
City to Purchase Buses
This is an Interlocal Agreement, made and entered into this o (3 day of re/4 , 201 t by
and between Miami -Dade County, through the Miami -Dade Transit (MDT), a political subdivision of
the State of Florida, hereinafter referred to as "the County ", and the City of Miami Beach, a municipal
corporation of the State of Florida, hereinafter referred to as "the City ".
WITNESSETH:
WHEREAS, the County, 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, a designated FTA funding recipient; and
WHEREAS, using that funding, the City will provide transportation services only within the
City for the benefit of local residents and businesses within the City and within sections of Miami -
Dade County in the City; and
WHEREAS, the City will provide the residents and visitors of. the City of Miami Beach with
improved public transportation through MDT's purchase of two (2) minibuses, which will be operated
by Miami Dade Transit (MDT); and
WHEREAS, the provision of regularly scheduled transit services by the County will connect
with existing MDT Metrobus services and will help increase the use of the transit services provided
by MDT.
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 "Circulator" shall mean fixed route or semi -fixed route public transportation bus services
where at least seventy (70 %) percent of the route is within the City and said circulator service
is operated by the City, directly or by contract, pursuant to this Agreement and Chapter 31 of
the Code of Miami -Dade County.
1.5 "The County" shall include Miami -Dade County, the Miami -Dade Transit Agency, the Miami-
Dade Consumer Services Department, and authorized representatives thereof.
1.6 The City" shall mean City of Miami Beach and authorized representatives thereof.
1.7 "FDOT" shall mean the Florida Department of Transportation and authorized representative
thereof.
1.8 "MDT" shall mean the Miami -Dade Transit and authorized representatives thereof.
1.9 "USDOT" shall refer to the U.S. Department of Transportation, its rules and regulations, and
representatives thereof.
1.10 "FTA" shall mean the Federal Transit Administration, its rules and regulations, and
representatives thereof.
1.11 "CSD" shall mean the Consumer Services Department of Miami -Dade County and authorized
representatives thereof.
1.12 "PTRD" shall refer to the Passenger Transportation Regulatory Division of CSD.
1.13 "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.
1.14 "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.
I I -
ARTICLE 2
GENERAL REQUIREMENTS
2.1 Compliance with Applicable Laws and Regulations. The City and the County and their
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 purchase of buses with FTA ARRA funding.
The City and County shall be responsible for ensuring compliance of their employees,
contractors, agents, or assigns with all applicable county,, state, and federal requirements,
including, but not limited to, all safety, mechanical, and vehicular standards mandated by
MDT and CSD. The City shall be responsible for obtaining copies of the applicable laws,
regulations, ordinances, and documents and complying therewith.
2.2 The County Regulatory Requirements. Prior to the use of the buses purchased under this
Agreement, MDT and /or its contractors, if any, shall have current and valid certificates of
transportation, permits, and chauffeur registrations as required by Chapter 31 of the Code of
Miami -Dade County. MDT and its contractors shall maintain such certificates, registrations
and permits current. In no event shall MDT or any of its contractors provide any
transportation services contemplated by this Agreement until any and all County regulatory
requirements are satisfied.
2.3 Vehicle Licensing. The buses utilized to provide transportation services under the
agreement shall at all times be properly licensed and permitted in accordance with applicable
federal, state, and county requirements. Vehicle operators shall comply with all safety,
mechanical, and vehicular standards mandated by any applicable county, state, and federal
requirements including, but not limited to, all safety, mechanical, and vehicular standards
mandated by MDT and CSD.
2.4 Vehicle Standards. The buses purchased under the agreement shall comply with all of the
requirements contained in Chapters 30 and 31 of the Code of Miami -Dade County, pertinent
state statutes and other directives as may be prescribed and required by CSD or MDT. The
buses shall at all times display a current and valid county permit and shall comply with safety,
mechanical, and vehicular requirements mandated by applicable County, state, or federal
requirements, including ADA.
2.5 Chauffeur Requirements. Chauffeurs shall at all times have a current and valid county
chauffeur's registration. Chauffeurs shall also comply with any safety, mechanical, and
vehicle standards mandated by applicable County, state, and federal requirements and as
may be prescribed and required by CSD or MDT.
2.6 Proof of Compliance Prior to Operation. MDT and /or its contractors, (if any), shall provide
the County with proof of compliance with licensure, insurance, and any other requirements
mandated by the County Code, State statute, or federal law prior to the buses purchased
under this Agreement are put into service.
2.7 Purchase of Services /Sole Responsibility. City employees, agents, and contractors providing
transportation services authorized by this Agreement shall be considered to be, at all times,
solely employees, agents, and contactors of the City under its sole direction and not
employees, agents, or contractors of the County.
2.8 Compliance with ADA. The buses purchased under this Agreement 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 buses purchased under the agreement. 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 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.
2.9 Compliance with Federal Civil Rights Requirements. The City and the County shall comply
with the Federal Civil Rights requirements as attached herein, which may be modified from
time to time by the federal government (See Attachment A).
2.10 Compliance with the United States Department of Labor: The City and the County shall, to
the extent applicable, comply with the Labor Protective Agreements as attached herein,
which may be modified from time to time by the federal government (See Attachment B).
2.11 FTA requirements for sub recipients of Federal funding: The City, shall to the extent
applicable comply with the FTA requirements for sub recipients of Federal funding as
attached, which may be modified from time to time by, the Federal government herein (See
Attachment C).
2.12 Compliance with Procurement Requirements. The 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.
2.13 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 services pursuant to the
Agreement and shall be considered, along with private contractors, for provision of said
services.
2.14 Drug -free Workplace and Testing. In accordance with the Code of Miami -Dade County, the
City and the County shall certify that it will have a drug -free workplace program. Further, the
City and the County 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 authorized by this Agreement. Effective upon execution of the Agreement, the City
and the County shall require that their employees (or contractors, if applicable), comply with
all applicable requirements of the USDOT regulations 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.
2.15 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.
2.16 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.
2.17 Amendments or modifications. Unless provided otherwise 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 Mayor, or their respective 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, as to the County, be approved by the County Manager but as to the
City, by the Mayor of the City Commission.
ARTICLE 3
CITY OF MIAMI BEACH BUS SERVICES
3.1 Provision of City Bus Services. Any changes to routes /schedules of buses purchased
pursuant to this Agreement shall be consistent with Chapter 31 of the Code of Miami -Dade
County and be effective only upon the written consent of the County Manager and the Mayor
of the City of Miami Beach, or their respective designees.
3.2 Connection and Coordination with County Bus Routes. The routes serviced with the
purchase of bus (es) under this Agreement may complement existing County Metrobus
routes and will provide the citizens of the City of Miami Beach with improved public
transportation, which will meet the local public needs.
3.3 Operation of Routes in Their Entirety. The County shall be responsible for ensuring that the
bus route(s) for the buses purchased pursuant to this Agreement are operated in their
entirety with no deviation from the approved routes and schedules unless otherwise
authorized by the parties.
3.5 Use of Logo. FTA has a logo uniquely identifying ARRA projects. Such logo shall at all times
be displayed on the exterior of the buses purchased pursuant to this Agreement; provided
however, that the County shall be responsible for placing the logo on the buses, as well as
pertinent signs where space is available for such logos to be placed.
ARTICLE 4
RECORDS AND REPORTS
4.1 Reporting Requirements. MDT 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 State or FTA. The FTA through the County, requires quarterly Financial
Status Reports (FSR), Milestones, and Ridership Reports. MDT shall report monthly ridership
performance data.
4.2 Additional Information. The City shall provide additional information about the MDT bus
service 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% fee from the FTA FY 2009 award
of $945,460.98 for grant administration, finance, project management, and performance
reporting. Based on this award amount, the 5% fee shall equal $47,273.05. The remaining
amount of $898,187.93 shall be available to purchase buses under this Agreement. The net
amount to the City is $898,187.93.
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
2710.2A, "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) will be provided by MDT. Supporting documentation shall be submitted by MDT
to the County if requested in writing. MDT's 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, MDT shall be
responsible for ensuring that all accidents and incidents of the buses purchased pursuant to
this Agreement to provide transportation services pursuant to this Agreement 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 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, from commencement of this agreement until the city accept the
vehicle (s). The County shall pay all claims and losses in connection therewith, subject to the
limitations described herein 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.
r
ARTICLE 7
FINANCIAL ASSISTANCE
7.1 Grant Matching Funds. There are no matching funds required for this American Recovery
Reinvestment Act (ARRA) FTA program.
7.2 Bus Purchases. All vehicles purchased shall be owned and maintained by the County and
shall be part of the MDT fleet. The County agrees to purchase two (2) diesel minibuses
through its bus procurement contract and in compliance 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 purchase of
buses with FTA ARRA funding, for a price not to exceed $898,187.93. These buses will be
utilized for the provision of transit service only in Miami Beach. In the event that this
Agreement is terminated prior to the useful life of the vehicles, as specified in Federal
regulations, the County shall be responsible for reimbursing FTA with the depreciated value
of the buses and thereafter the vehicles may remain as part of MDT's service fleet. In the
event that this Agreement is terminated, the County agrees to allow the City to purchase
additional diesel minibuses through its bus procurement contract at the County - negotiated
price per bus to be funded by the City and at the sole option of the City.
7.3 Comparable Agreements. In the event that the County enters into an Interlocal Agreement
with any other municipality for transportation services, which are comparable to the services
provided herein, but upon more favorable terms for the municipality than the terms provided
herein, the County agrees to amend this Agreement, if requested by the City Manager, to
provide the same favorable terms to the City as those provided in such other
County /Municipal Interlocal Agreements.
7.4 Financial Obligation. To the extent the FTA deducts, withholds, or deobligates from this or
any other federal grant as a result of any act or omission . on the part of the Municipality, the
County shall be entitled to deduct, withhold or invoice the City from this or any other
agreement between the parties in the same amount as has been deducted, withheld or
deobligated from the 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 Mayor and City Commission of the City of Miami Beach and the
execution by the County Mayor or his /her designee and the City Manager.
8.2 Renegotiation or Modification. Any substantive changes to the terms of this Agreement shall
only be implemented after the County and the City have entered into a written agreement
describing the changed services.
8.3 Title VI and VII Civil Rights Act of 1964. The City and its contractors, if any, 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 transit operations are
determined to be 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.
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 MIAMI BEACH:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL, 33139
Attention: Jorge Gonzalez, City Manager
Phone: 305- 673 -7010
Fax: 305 - 673 -7782
8.7 Name of Payee. The name of the official payee to whom the County shall issue checks shall
be City of Miami Beach.
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:
ATTEST: FOR THE COUNTY:
Miami -Dade County,
A political subdivision of the State of Florida
County Clerk
: COM4 •• By its Board = C ■-' my Comm
By: - / co z ; By:
Deputy Clerk : v s --a- �, ounty
+ �R � co
•
, •,''w * ** ►•••
Date Executed:
Approved as to Form and Legal Sufficiency
By .
Assistant County Attorney
ATTEST: FOR THE CITY:
City of Miami Beach
A political subdivision of the State of
Florida
B o C1.AA a 1 AA a.A. By:
City Clerk Matti Herrera Bower
Mayor
Date Executed: 102 7 /ad//
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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X11
Attachment A
• MI MI MAD
C A fl' MIAMI -DADE TRANSIT OFFICE OF CIVIL RIGHTS AND LABOR RELATIONS DBE PROGRAM
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
transfer, 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 seq. (which
implement Executive Order No. 11246, "Equal Employment Opportunity," as amended
by Executive Order No. 11375, Amending Executive Order 11246 Relating to Equal
Employment Opportunity," 42 U.S.C. § 2000e note), and 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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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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cot, rt , • 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 ETA 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(i)(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.
DAVIS -BACON AND COPELAND ANTI- KICKBACK ACTS
(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.
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(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) (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.
(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
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GU l 4' MIAMI -DADE TRANSIT OFFICE OF CIVIL RIGHTS AND LABOR RELATIONS DBE 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
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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 shall 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
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i Lp;l's; r.
M 1AM {DADE
Min 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)(ii)(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
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MINA logkr)
C $TY 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 Tess 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 Tess 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 Tess 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
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•
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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.
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DBE FORMS (Rev. 6/2009) •
MIMI WADE
OtIWY MIAMI -DADE 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 CFR 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 same 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.
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h1GA1 €h .:. B
G4 ? ! MIAMI -DADE TRANSIT OFFICE OF CIVIL RIGHTS AND LABOR RELATIONS DBE PROGRAM
DBE CONTRACTOR IDENTIFICATION STATEMENT
1) Name of DBE Contractor
2) Year business established
3) Address and telephone number
4) DBE Type: Women Black Hispanic Other (specify)
All DBEs must show ownership percentage by gender -- Male % Female
5) 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
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• hlIAM11lY1 D
SEM MIAMI -DADE TRANSIT OFFICE OF CIVIL RIGHTS AND LABOR RELATIONS DBE PROGRAM
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 YEARS OF VOTING
PERCENTAGE OWNERSHIP PERCENTAGE
A.
B.
C.
D. •
If additional space is needed, please use another sheet. (Continued on Page 2)
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MiAMIDAD
G1�11�h6TY 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 Title of Official
Date
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M MIAMI -DADE TRANSIT OFFICE OF CIVIL RIGHTS AND LABOR RELATIONS DBE PROGRAM
PRIME AND SUBCONTRACTORS INFORMATION FORM
INSTRUCTIONS: To be completed by the prime and by all subcontractors that submitted a bid on the project.
Bid Description: Bid No.
Percentage of DBE Goal
BIDDER INFORMATION
Firm Name F.E.I.N. *,
Street Suite No.
City State Zip Code
Prime Bidder? Yes No If No, enter name of Prime
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 15 _ 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: / / Ethnicity Gender
AFFIDAVIT
I certify that I am an authorized representative of above named firm.
Signature Name Title Date
For MDC Use Only: Was the subject bid awarded to this bidder? Yes No
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•
M EAAMh17ADE
AY° MIAMI - DADE 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 Performed:
Percentage and Dollar Amount of Total Bid Committed: % $
Proposed Commencement Date: Proposed Completion Date:
DBE Firm (2):
Name
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 Date: Proposed Completion Date:
DBE Firm (4):
Name
Type of Work to Be Performed:
Percentage and Dollar Amount of Total Bid Committed: % $
Proposed Commencement Date: Proposed Completion Date:
The undersigned certifies that it is committed to hire the above firms to do the work listed 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 Print Name and Title Date
Name of Contractor
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• DBE FORMS (Rev. 6/2009)
• h'ItAl�l'.b
MIAMI -DADE TRANSIT OFFICE OF CIVIL RIGHTS AND LABOR RELATIONS DBE PROGRAM
LETTER OF INTENT FROM DBE SUBCONTRACTOR, SUPPLIER AND /OR CONSULTANT
To: and Miami -Dade County
(Name of Prime Contractor)
From:
(Name of DBE Firm)
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 Project
Name
•
DBE ASSIGNMENTS:
Item No. Work to be performed Dollar Amount Per Bid Form
Item /Supply Description Quantity Dollar Amount
Title
Authorized Signature
Print Name Date
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SUBCONTRACTORS MONTHLY PROGRESS REPORT
Report Period: CONTRACT NUMBER PROJECT
NAME
CONTRACTOR NAME CONTRACT
AMOUNT $
DBE GOAL % PAID TO PRIME CONTRACTOR TO DATE
$.
DBE FIRMS SEX ETHNIC TYPE OF MONTHLY PAYMENT TO CONTRACT
WORK /SERVICE PAYMENT DATE AMOUNT
PAYMENTS TO NON- TYPE OF SERVICE AMOUNT
DBES
I certify that the above information is true and accurate to the best of my knowledge and understand that if I
misrepresent or falsify such information, I may be subject to civil and or criminal prosecution under Title 18 United
State Code Section 1001.
Authorized Signature Print Name and Title Date
17
ATTACHMENT B
LANGUAGE FOR INCORPORATION INTO THE
CONTRACT OF ASSISTANCE
Grant #FL -96 -X028
The "Public Body ", City of Miami Beach, 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:
1 The project shall be carried out in such a mariner 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 position 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;
5 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 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;
In the event any new employment opportunities in the areas including, but not limited to bus
operators, mechanics, stock clerks, janitorial services or supervisory support of the aforementioned
employment areas are created directly or indirectly or as a result of the project, said employment
opportunities shall initially be offered to any laid off Miami -Dade Transit bargaining unit
employees. This obligation extends only to Miami -Dade Transit employees that were not laid off
for cause or any other malfeasance.
Additionally, this requirement applies to the hiring of laid off Miami -Dade Transit employees for
positions comparable in nature to the positions from which they were laid off.
Such employees shall receive the applicable wage rate(s) and benefits enjoyed as determined by
the compensation received in the prior twelve (12) months of employment, prior to lay off.
Additionally, any employee hired in accordance with this provision shall retain all rights and
privileges in accordance with applicable Collective Bargaining Agreement, for the duration of the
employment.
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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 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);
8 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;
9. 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 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.
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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 Propertv. 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
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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 Protect 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 Project 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 Project 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.
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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.
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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 Govemment. 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.
1 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
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"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 Project 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 Project 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 FTA'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 FTA'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 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), 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."
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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 11 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.
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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 5010.1C) 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.
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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 111, 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 pro 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.
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