HomeMy WebLinkAbout2000 02-22 CC AGENDA PKTmac.%!`,
AGENDA OF A REGULAR MEETING
NATIONAL CITY COUNCIL
COUNCIL CHAMBERS
1243 NATIONAL CITY BOULEVARD
REGULAR MEETING - TUESDAY, FEBRUARY 22, 2000 - 6:00 P.M.
OPEN TO THE PUBLIC
PLEASE COMPLETE A REQUEST TO SPEAK FORM PRIOR TO THE
COMMENCEMENT OF THE MEETING AND SUBMIT IT TO
THE CITY CLERK
IT IS THE INTENTION OF YOUR CITY COUNCIL TO BE RECEPTIVE TO YOUR
CONCERNS IN THIS COMMUNITY. YOUR PARTICIPATION IN LOCAL
GOVERNMENT WILL ASSURE A RESPONSIBLE AND EFFICIENT CITY OF
NATIONAL CITY. WE INVITE YOU TO BRING TO THE ATTENTION OF THE CITY
MANAGER ANY MATTER THAT YOU DESIRE THE CITY COUNCIL TO
CONSIDER. WE THANK YOU FOR YOUR PRESENCE AND WISH YOU TO
KNOW THAT WE APPRECIATE YOUR INVOLVEMENT.
ROLL CALL
PLEDGE OF ALLEGIANCE TO THE FLAG BY THE CITY MANAGER, TOM G.
MCCABE
INVOCATION
APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF FEBRUARY 15,
2000.
COUNCIL AGENDA
2/22/00 Page 2
CONSENT CALENDAR
Consent Calendar: Consent Calendar items involve matters, which are of a routine
or noncontroversial nature. All consent calendar items are adopted by approval of a
single motion by the City Council. Prior to such approval, any item may be removed
from the consent portion of the agenda and separately considered, upon request of a
Councilmember, a staff member, or a member of the public.
1. Resolution No. 2000-15
Resolution of the City Council of the City of National City authorizing the Mayor
to execute an Agreement with the Keese Company to provide consulting
services pertaining to sewer flow validation and valuation of sewer capacity.
(Public Works)
2. Resolution No. 2000-16
Resolution of the City Council of the City of National City appropriating funding
and authorizing the Mayor to execute an Agreement with Jones and Madhavan,
Partnership to develop a master plan for the upgrade and maintenance of the
National City Municipal Swimming Pool. (Public Works/Engineering)
3. WARRANT REGISTER #33 (Finance)
Ratification of Demands in the amount of $1,083,946.78.
4. Claim for Damages: James Morant (City Clerk)
5. Application for leave to file late claim: Maria Guadalupe Perez (City Clerk)
6. Approve waiver of business interruption insurance coverage requirement for
GTE Wireless of the Pacific in connection with the lease of a portion of El Toyon
Park. (City Attorney)
COUNCIL AGENDA
2/22/00 Page 3
NON CONSENT RESOLUTIONS
7. Resolution No. 2000-17
Resolution of the City Council of the City of National City authorizing the Mayor
to execute an Agreement for transfer and exchange of Federal Funds for Local
Funds, and authorizing the initial expenditure of approximately $400,000 in
Transportation Development Act Funds for the acquisition and lease of 16 new
buses for the City's transit system. (National City Transit)
ORDINANCE FOR ADOPTION
8. An Ordinance of the City Council of the City of National City amending Title 8 of
the National City Municipal Code relating to animal control. (City
Attorney/Police)
NEW BUSINESS
9. Presentation by EHM Architecture of their concept plans for the upgrade of the
plaques display memorial area being designed as part of the Kimball Park Bowl
Open Air Amphitheater Renovation Project. (Public Works/Engineering)
10. Report on proposed temporary trailer for Paradise Creek. (Building & Safety)
—> CITY MANAGER
-* CITY ATTORNEY
—* OTHER STAFF
COUNCIL AGENDA
2/22/00 Page 4
NEW BUSINESS (Cont.)
- MAYOR
- CITY COUNCIL
PUBLIC ORAL COMMUNICATIONS (Five -Minute Time Limit)
NOTE: Pursuant to State Law, items requiring Council action must be brought back
on a subsequent Council agenda unless they are of a demonstrated emergency or
urgent nature.
ADJOURNMENT
Next Regular City Council Meeting March 7, 2000 at 3:00 p.m. - Council
Chambers, Civic Center.
TAPE RECORDINGS OF EACH CITY COUNCIL MEETING
ARE AVAILABLE FOR SALE AND TO LISTEN TO
IN THE CITY CLERK'S OFFICE
City of National City, California
COUNCIL AGENDA STATEMENT
February 22, 2000
MEETING DATE
1
AGENDA ITEM NO.
(-ITEM TITLE RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH
THE KEESE COMPANY TO PROVIDE CONSULTING SERVICES PERTAINING TO SEWER FLOW
VALIDATION AND VALUATION OF SEWER CAPACITY
PREPARED BY Terry McAvoy
DEPARTMENT
Public Works
EXPLANATION
The City has recently received inquiries from three (3) different
cities on whether we have additional sewage capacity fo:r sale.
The purpose of this contract is to evaluate the cities existing sewage
capacity, how much capacity we should hold in reserve, and how much extra
sewage capacity we have which would be available for sale or lease. The
contract will also determine what the fair market value of sewage capacity
per MGD.
Environmental Review
Financial Statement
X N/A
Funds reside in the sewer Division's FY2000 appropriated
budget.
re —
STAFF RECOMMENDATI N
Adopt Resolution auth rizing May
between the City and the Keese Comp,
BOARD I COMMISSION RECOMMENDATION
N/A
Y-
Account PIO. 422-222 299
to sign the agreement
ATTACHMENTS ( Listed Below)
1. Resolution
2. Agreement with Keese Company
keese
Resolution No. 2000-15
A-200 (9/80)
RESOLUTION NO. 2000- 15
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT WITH THE KEESE COMPANY TO
PROVIDE CONSULTING SERVICES PERTAINING
TO SEWER FLOW VALIDATION AND
VALUATION OF SEWER CAPACITY
WHEREAS, the City desires to employ a contractor to perform services relating
to the possible sale of sewer capacity; and
WHEREAS, the City has determined that the Keese Company is a professional
consulting firm and is qualified by experience and ability to perform the services desired by the
City, and the Keese Company is willing to perform such services.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that
the Mayor is hereby authorized to execute an agreement with the Keese Company to provide
consulting services pertaining to sewer flow validation and valuation of sewer capacity. Said
agreement is on file in the office of the City Clerk.
PASSED and ADOPTED this 22' day of February, 2000.
George H. Waters, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
.4.1se
George H. Eiiser, III
City Attorney
AGREEMENTBY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
THE KEESE COMPANY
THIS AGREEMENT is entered into this 22nd day of February, 2000 by and
between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and The
Keese Company (the "CONTRACTOR").
RECITALS
WHEREAS, the CITY desires to employ a CONTRACTOR to perform services
relating to the possible sale of sewer capacity.
WHEREAS, the CITY has determined that the CONTRACTOR is a
professional consultanting firm and is qualified by experience and ability to perform the
services desired by the CITY, and the CONTRACTOR is willing to perform such services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE
AS FOLLOWS:
1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to
engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services
hereinafter set forth in accordance with all terms and conditions contained herein.
The CONTRACTOR represents that all services required hereunder will be
performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR.
2. SCOPE OF SERVICES. The CONTRACTOR will perform services as
set forth in the attached Exhibit A.
The CONTRACTOR shall be responsible for all research and reviews related to
the work and shall not rely on personnel of the CITY for such services, except as authorized in
advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit A to
keep staff and City Council advised of the progress on the project.
The CITY may unilaterally, or upon request from the CONTRACTOR, from
time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR
under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in
good faith and confer for the purpose of negotiating a corresponding reduction or increase in
the compensation associated with said change in services, not to exceed a factor of 30 % from
the base amount.
3. PROJECT COORDINATION AND SUPERVISION.
Terry McAvoy hereby is designated as the Project Coordinator for the CITY and will monitor
the progress and execution of this Agreement. The CONTRACTOR shall assign a single
Project Director to provide supervision and have overall responsibility for the progress and
execution of this Agreement for the CONTRACTOR. Karyn Keese thereby is designated as
the Project Director for the CONTRACTOR.
4. COMPENSATION AND PAYMENT. The compensation for the
CONTRACTOR shall be based on monthly billings covering actual work performed. Billings
shall include labor classifications, respective rates, hours worked and also materials, if any.
The total cost for all work described in Exhibit A shall not exceed the schedule given in
Exhibit A (the Base amount) without prior written authorization from the City Engineer.
Monthly invoices will be processed for payment and remitted within thirty (30) days from
receipt of invoice, provided that work is accomplished consistent with Exhibit A as determined
by the CITY.
The CONTRACTOR shall maintain all books, documents, papers, employee
time sheets, accounting records, and other evidence pertaining to costs incurred and shall make
such materials available at its office at all reasonable times during the term of this Agreement
and for three (3) years from the date of fmal payment under this Agreement, for inspection by
the CITY and for furnishing of copies to the CITY, if requested.
5. LENGTH OF AGREEMENT. The completion time for the Project is
45 days.
6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The
Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by
the CONTRACTOR for this Project, whether paper or electronic, shall become the property of
the CITY for use with respect to this Project, and shall be turned over to the CITY upon
completion of the Project, or any phase thereof, as contemplated by this Agreement.
Contemporaneously with the transfer of documents, the CONTRACTOR assigns
to the CITY and thereby expressly waives and disclaims, any copyright in, and the right to
reproduce, all written material, drawings, plans, specifications or other work prepared under
this agreement, except upon the CITY's prior authorization regarding reproduction, which
authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of
the CITY, execute any further document(s) necessary to further effectuate this waiver and
disclaimer.
The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce,
modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR'S
written work product for the CITY's purposes, and the CONTRACTOR expressly waives and
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Revised 5/99
disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to
intellectual property and artistic works.
Any modification or reuse •by the CITY of documents, drawings or
specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability
under Section 14 but only with respect to the effect of the modification or reuse by the CITY,
or for any liability to the CITY should the documents be used by the CITY for some project
other than what was expressly agreed upon within the Scope of this project, unless otherwise
mutually agreed.
7. INDEPENDENT CONTRACTOR. Both parties hereto in the
performance of this Agreement will be acting in an independent capacity and not as agents,
employees, partners or joint venturers with one another. The CONTRACTOR is not an
employee of the CITY and is not entitled to any of the rights, benefits, or privileges of the
CITY's employees, including but not limited to medical, unemployment, or workers'
compensation insurance.
This Agreement contemplates the personal services of the CONTRACTOR and
the CONTRACTOR's employees, and it is recognized by the parties that a substantial
inducement to the CITY for entering into this Agreement was, and is, the professional
reputation and competence of the CONTRACTOR and its employees. Neither this Agreement
nor any interest herein may be assigned by the CONTRACTOR without the prior written
consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR
from employing or hiring as many employees as the CONTRACTOR may deem necessary for
the proper and efficient performance of this Agreement.
8. CONTROL. Neither the CITY nor its officers, agents or employees
shall have any control over the conduct of the CONTRACTOR or any of the
CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly
agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or
employees are in any manner agents, servants or employees of the CITY, it being understood
that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly
independent contractors and that the CONTRACTOR's obligations to the CITY are solely such
as are prescribed by this Agreement.
9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR,
in the performance of the services to be provided herein, shall comply with all State and
Federal statutes and regulations, and all ordinances, rules and regulations of the City of
National City, whether now in force or subsequently enacted. The CONTRACTOR, and its
subcontractors, shall obtain and maintain a current City of National City business license prior
to and during performance of any work within, the City.
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Revised 5/99
10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and
covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that
are legally required to practice its profession. The CONTRACTOR represents and covenants
that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during
the term of this Agreement, any license, permit, or approval which is legally required for the
CONTRACTOR to practice its profession.
11. STANDARD OF CARE.
A. The CONTRACTOR, in performing any services under this Agreement,
shall perform in a manner consistent with that level of care and skill ordinarily exercised by
members of the profession currently practicing under similar conditions and in similar
locations. The CITY expects that the CONTRACTOR shall take all special precautions
necessary to protect the CONTRACTOR's employees and members of the public from risk of
harm arising out of the nature of the work and/or the conditions of the work site.
B. The CONTRACTOR warrants to the CITY that it is not now, nor has it
been for the five (5) years preceding, involved in arbitration or litigation concerning the
CONTRACTOR's professional performance or the furnishing of materials or services relating
thereto.
C. The CONTRACTOR is responsible for identifying any unique products,
treatments, processes or materials whose availability is critical to the success of the project the
CONTRACTOR has been retained to perform, within the time requirements of the CITY, or,
when no time is specified, then within a commercially reasonable time. Accordingly, unless
the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all
products, materials, processes or treatments identified in the project documents prepared for
the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use
due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for
any increased costs that result from the CITY's later inability to obtain the specified -items or
any reasonable substitute within a price range that allows for project completion in the time
frame specified or, when not specified, then within a commercially reasonable time.
12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR will
not discriminate against any employee or applicant for employment because of age, race, color,
ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition. The CONTRACTOR will take positive action to insure that applicants are
employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation,
marital status, national origin, physical handicap, or medical condition. Such action shall
include but not be limited to the following: employment, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship. The CONTRACTOR
agrees to post in conspicuous places available to employees and applicants for employment any
notices provided by the CITY setting forth the provisions of this non-discrimination clause.
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Revised 5/99
13. CONFIDENTIAL INFORMATION. The CITY may from time to
time communicate to the CONTRACTOR certain confidential information to enable the
CONTRACTOR to effectively perform the services to be provided herein. The CONTRAC-
TOR shall treat all such information as confidential and shall not disclose any part thereof
without the prior written consent of the CITY. The CONTRACTOR shall limit the use and
circulation of such information, even within its own organization, to the extent necessary to
perform the services to be provided herein. The foregoing obligation of this Section 13,
however, shall not apply to any part of the information that (i) has been disclosed in publicly
available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter
disclosed in publicly available sources of information; (iii) is already in the possession of the
CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter
rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use
or disclosure thereof has been or is rightfully authorized by that third party.
The CONTRACTOR shall not disclose any reports, recommendations,
conclusions or other results of the services or the existence of the subject matter of this
Agreement without the prior written consent of the CITY. In its performance hereunder, the
CONTRACTOR shall comply with all legal obligations it may now or hereafter have
respecting the information or other property of any other person, firm or corporation.
CONTRACTOR shall be liable to CITY for any damages caused by breach of
this condition, pursuant to the provisions of Section 14.
14. INDEMNIFICATION AND HOLD HARMLESS. The
CONTRACTOR agrees to indemnify, defend, and hold harmless the City of National City, its
officers, employees and volunteers, against and from any and all liability, loss, damages to
property, injuries to, or death of any person or persons, and all claims, demands, suits,
actions, proceedings, costs or attorneys' fees, of any kind or nature, including workers'
compensation claims, of or by anyone whomsoever, in any way resulting from or arising out of
the CONTRACTOR's performance of this Agreement.
15. WORKERS' COMPENSATION. The CONTRACTOR shall comply
with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State
of California, the applicable provisions of Division 4 and 5 of the California Government Code
and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall
indemnify, defend and hold harmless the CITY and its officers, employees and volunteers from
and against all claims, demands, payments, suits, actions, proceedings and judgments of every
nature and description, including attorney's fees and costs presented, brought or recovered
against the CITY or its officers, employees, or volunteers, for or on account of any liability
under any of said acts which may be incurred by reason of any work to be performed by the
CONTRACTOR under this Agreement.
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Revised 5/99
16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall
purchase and maintain throughout the term of this agreement, the following insurance policies:
A. Professional liability insurance with minimum limits of $1,000,000 per
occurrence.
B. Automobile insurance covering all bodily injury and property damage
incurred during the performance of this Agreement, with a minimum coverage of ,$1,000,000
combined single limit per accident. Such automobile insurance shall include non -owned
vehicles.
C. Comprehensive general liability insurance, with minimum limits of
$1,000,000 combined single limit per occurrence, covering all bodily injury and property
damage arising out of its operation under this Agreement.
D. Workers' compensation insurance covering all of its employees and
E. The aforesaid policies shall constitute primary insurance as to the CITY,
its officers, employees, and volunteers, so that any other policies held by the CITY shall not
contribute to any loss under said insurance. Said policies shall provide for thirty (30) days
prior written notice to the CITY of cancellation or material change.
F. If required insurance coverage is provided on a "claims made" rather
than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three
years after expiration of the term (and any extensions) of this Agreement.
G. Any aggregate insurance limits must apply solely to this Agreement.
H. Insurance shall be written with only California admitted companies
which hold a current policy holder's alphabetic and financial size category rating of not less
than A VIII according to the current Best's Key Rating Guide, or a company equal financial
stability that is approved by the City's Risk Manager.
I. This Agreement shall not take effect until certificate(s) or other sufficient
proof that these insurance provisions have been complied with, are filed with and approved by
the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies
in full force and effect at all times during the terms of this Agreement, the CITY may elect to
treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate
the Agreement as provided herein.
17. LEGAL FEES. If any party brings a suit or action against the other
party arising from any breach of any of the covenants or agreements or any inaccuracies in any
of the representations and warranties on the part of the other party arising out of this
Agreement, then in that event, the prevailing party in such action or dispute, whether by final
judgment or out -of -court settlement, shall be entitled to have and recover of and from the other
party all costs and expenses of suit, including attorneys' fees.
For purposes of determining who is to be considered the prevailing party, it is
stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall
not be considered in determining the amount of the judgement or award. Attorney's fees to the
prevailing party if other than the CITY shall, in addition, be limited to the amount of
volunteers.
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Revised 5/99
attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of
the actual amount of attorney's fees incurred by the prevailing party.
18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to
this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the
dispute by mediation in San Diego, California, in accordance with the Commercial Mediation
Rules of the American Arbitration Association (the "AAA") before resorting to arbitration.
The costs of mediation shall be borne equally by the parties. Any controversy or claim arising
out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation
shall be settled by arbitration in San Diego, California, in accordance with the Commercial
Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive
upon the parties, and a judgment thereon may be entered in any court having jurisdiction over
the subject matter of the controversy. The expenses of the arbitration shall be borne equally by
the parties to the arbitration, provided that each party shall pay for and bear the costs of its
own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses
or any part thereof against a specified party as part of the arbitration award.
19. TERMINATION. A. This Agreement may be terminated with or
without cause by the CITY. Termination without cause shall be effective only upon 60-day
written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall
perform all services in accordance with this Agreement.
B. This Agreement may also be terminated immediately by the CITY for
cause in the event of a material breach of this Agreement, misrepresentation by the
CONTRACTOR in connection with the formation of this Agreement or the performance of
services, or the failure to perform services as directed by the CITY.
C. Termination with or without cause shall be effected by delivery of
written Notice of Termination to the CONTRACTOR as provided for herein.
D. In the event of termination, all finished or unfinished Memoranda
Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the
CONTRACTOR, whether paper or electronic, shall immediately become the property of and
be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and
equitable compensation for any work satisfactorily completed on such documents and other
materials up to the effective date of the Notice of Termination, not to exceed the amounts
payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if
any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth
in Section 6.
E. The CITY further reserves the right to immediately terminate this
Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a
reorganization of the CONTRACTOR for the benefit of creditors:; or (3) a business
reorganization, change in business name or change in business status of the CONTRACTOR.
20. NOTICES. All notices or other communications required or permitted
hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail
(Federal Express or the like); or sent by registered or certified mail, postage prepaid, return
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receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or
delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the
earlier of (i) if personally delivered, the date of delivery to the address of the person to receive
such notice, (ii) if sent by overnight mail, the business day following its deposit in such
overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days
(ten (10) days if the address is outside the State of California) after the date of deposit in a post
office, mailbox, mail chute, or other like facility regularly maintained by the United States
Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company
with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any
notice, request, demand, direction or other communication delivered or sent as specified above
shall be directed to the following persons:
To the CITY:
Burton S. Myers
City Engineer
City of National City
1243 National City Boulevard
National City, CA 91950
To the CONTRACTOR: Karyn Keese
780 West "G" Street
Suite 396
San Diego, CA 92101-5950
Notice of change of address shall be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept or the inability to deliver because
of changed address of which no notice was given shall be deemed to constitute receipt of the
notice, demand, request or communication sent. Any notice, request, demand, direction or
other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within
forty-eight (48) hours by letter mailed or delivered as specified in this Section.
21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform
services of any kind for any person or entity whose interests conflict in any way with those of
the City of National City. The CONTRACTOR also agrees not to specify any product,
treatment, process or material for the project in which the CONTRACTOR has a material
financial interest, either direct or indirect, without first notifying the CITY of that fact. The
CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the
National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify
itself and shall not use its official position to influence in any way any matter coming before
the CITY in which the CONTRACTOR has a financial interest as defined in Government Code
Section 87103. The CONTRACTOR represents that it has no knowledge of any fmancial
interests that would require it to disqualify itself from any matter on which it might perform
services for the CITY.
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n If checked, the CONTRACTOR shall comply with all of the reporting requirements of
the Political Reform Act and the National City Conflict of Interest Code. Specifically, the
CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of
National City in a timely manner on forms which the CONTRACTOR. shall obtain from the
City Clerk.
The CONTRACTOR shall be strictly liable to the CITY for all damages, costs
or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the
CONTRACTOR.
22. MISCELLANEOUS PROVISIONS.
A. Computation of Time Periods. If any date or time period provided for in
this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such
date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a
Saturday, Sunday or federal, state or legal holiday.
B. Counterparts. This Agreement may be executed in multiple
counterparts, each of which shall be deemed an original, but all of which, together, shall
constitute but one and the same instrument.
C. Captions. Any captions to, or headings of, the sections or subsections of
this Agreement are solely for the convenience of the parties hereto, are not a part of this
Agreement, and shall not be used for the interpretation or determination of the validity of this
Agreement or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly provided
herein, the execution and delivery of this Agreement shall not be deemed to confer any rights
upon, or obligate any of the parties hereto, to any person or entity other than the parties
hereto.
E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are
hereby incorporated herein by this reference for all purposes.
F. Amendment to this Agreement. The terms of this Agreement may not be
modified or amended except by an instrument in writing executed by each of the parties hereto.
G. Waiver. The waiver or failure to enforce any provision of this
Agreement shall not operate as a waiver of any future breach of any such provision or any
other provision hereof.
H. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
I. Entire Agreement. This Agreement supersedes any prior agreements,
negotiations and communications, oral or written, and contains the entire agreement between
the parties as to the subject matter hereof. No subsequent agreement, representation, or
promise made by either party hereto, or by or to an employee, officer, agent or representative
of any party hereto shall be of any effect unless it is in writing and executed by the party to be
bound thereby.
J. Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the successors and assigns of the parties hereto.
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K. Construction. The parties acknowledge and agree that (i) each party is
of equal bargaining strength, (ii) each party has actively participated in the drafting,
preparation and negotiation of this Agreement, (iii) each such party has consulted with or has
had the opportunity to consult with its own, independent counsel and such other professional
advisors as such party has deemed appropriate, relative to any and all matters contemplated
under this Agreement, (iv) each party and such parry's counsel and advisors have reviewed this
Agreement, (v) each party has agreed to enter into this Agreement following such review and
the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are
to be resolved against the drafting party shall not apply in the interpretation of this Agreement,
or any portions hereof, or any amendments hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first above written.
CITY OF NATIONAL CITY
CONTRACTOR
By: By:�.
Burton S. Myers, City Engineer (Name)
APPROVED AS TO FORM:
George II. Eiser, III
City Attorney
(Title)
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EXHIBIT "A"
WORK PLAN
TASK 1 — DEFINE AVAILABLE CAPACITY
The purpose of this initial task is to validate not only the
capacity that the City has potentially available to sell or
lease, but also to insure that the City is currently being billed
on a fair and equitable basis by the City of San Diego. The City
of San Diego has recently provided National City with a Metro
Capacity and Billing Formula Summary that establishes National
City's flow at 4.617 MGD for FY99. The City has heretofore
assumed their flow to be 3.8 MGD.
1.1. Determine Available Metro Capacity. The first important
step in the determination of the valuation of the City's
Metro Capacity is to establish if there is competition. A
review will be performed to determine the contracted for
capacity of each Metro member agency, including the City of
San Diego, as well as their current actual flow. A summary
of contracted for versus actual will be prepared for
inclusion in the letter report.
1.2 Gather, Review and Organize Data Related to Prior Sales. In
this subtask we will review the City's files, extract
relevant documents and prepare tabbed binder(s) to provide
an organized history of the City prior negotiations and
sales of capacity to other Metro member agencies. These
binders will be expanded under Task 2 to include all
information regarding the current transactions and the
valuation of the City's Metro capacity.
1.3 Reconcile Available Capacity. In this subtask we will meet
with the City of National City and San Diego staff as needed
to reconcile San Diego's proposed billing formula. This
will ensure that National City will not be overcharged for
their FY99 retro as well as in subsequent years. It will
also determine the capacity National City has available to
sell or lease.
1.4 Prepare Letter Report. In this subtask we will prepare a
letter report documenting the work performed in subtasks 1.1
to 1.3
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Revised 5/99
Task 2 — Determine Value of Capacity
In this task we will prepare several alternative approaches to
establishing a value for National City's wastewater capacity in
the Metro System. In addition we will look at the alternative of
leasing versus selling capacity to other Metro member agencies
and establish a potential value based on the lease of capacity.
2.1 Review Leasing Practices of Other Agencies. During this sub -
task we will contact other agencies such as the City of San
Jose and the Encina Water Pollution Control Facilities to
gain their insights on leasing capacity in regional
wastewater systems. The structure of other agencies;
leasing program will be of interest not only to the City's
staff but to their City Attorney as well. Copies of their
lease agreements will be included in the binder(s) prepared
under subtask 1.2.
2.2 Analyze Value of Capacity. In this sub -task we will prepare
an analysis to determine the potential value of the City's
wastewater capacity. Two approaches will be taken. The
first will be an incremental approach. Information will be
gathered from the City of San Diego regarding the cost of
the next projected increment of treatment plant expansion.
The second approach will be based on the current value of
the Metro System. The completion of the second analysis
will be dependent on the receipt of approximate information
from the City of San Diego.
2.3 Determine Lease versus Sales Structures. Once the value of
National City's capacity has been established we will
prepare a lease value and a sales value for the City's
review. Advantages and disadvantages of leave versus sale
also be prepared.
2.4 Prepared Report. In this subtask we will prepare a letter
report documenting the work performed in subtask 2.1 to 2.3.
A draft report will be prepared documenting our work efforts
and submitted to the City for review and comments. Once
comments are received a final report will be prepared.
2.5 Meetings. Hours are included in this task for meetings not
included in the preparation of subtasks 2.1 to 2.4. These
could include, but are not limited to, attending City
Council meetings, meetings with agencies that are interested
in purchasing capacity from the City, etc.
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Revised 5/99
ESTIMATED PROJECT COSTS
TASK DESCRIPTION HOURS $$$
TASK 1 Define Available Capacity $ 100.00
1.1 Determine Other Metro Available 8 $ 800.00
Capacity
1.2 Gather, Review & Organize Data
Related to Prior Sales 16 $ 1,600.00
1.3 Reconcile Available Capacity 16 $ 1,600.00
1.4 Prepare Letter Report 8 $ 800.00
Subtotal Task 1 $ 4,800.00
TAKS 2 Determine Value of Capacity
2.1 Review Leasing Practices of 16 $ 1,600.00
2.2. Analyze Value of Capacity 40 $ 4,000.00
2.3 Determine Lease Versus Sale 16 $ 1,600.00
2.4 Prepare Report 24 $ 2,400.00
2.5 Meetings 16 $ 1,600.00
Subtotal Task 2 $11,200.00
Expenses (3% of Budget) $ 480.00
TOTAL HOURS AND EXPENSES $16,480.00
* ADDITIONAL WORKSHOPS EA $ 1,400.00
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Revised 5/99
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE February 22, 2000
AGENDA ITEM NO. 2
(-ITEM TITLE RESOLUTION APPROPRIATING FUNDING AND AUTHORIZING THE MAYOR TO \
EXECUTE AN AGREEMENT WITH JONES AND MADHAVAN ARCHITECTURE ENGINEERING TO
DEVELOP A MASTER PLAN FOR THE UPGRADE/MAINTENANCE OF THE NATIONAL CITY
MUNICIPAL SWIMMING POOL FACILITY
PREPARED BY STEPHEN KIRKPATRICK DEPARTMENT PUBLIC WORKS/ENGINEERING
EXPLANATION
SEE ATTACHED
Environmental Review X N/A
Financial State ent The fee agreed upon to prepare the master plan is
$21,000. It is recommended that $23,000 (fee plus contingency) be
appropriated for this pro ct from the Capital Project Reserve Fund 196-
2501 to Project Account rI•er 19-409-500-598-400
STAFF RECO MENDATiOr � `�r'
cam t No.
Adopt the Resolution`s.• ch appropr ates $23,600 for the project and
authorizes the Mayor to execute an agreement with Jones Madhavan
Architecture Engineering to develop a master plan for the
upgrade/maintenance of the National City Municipal Swimming Pool Facility.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below )
Resolution.
Contract
Resolution No. 2000-16
A-200 (9/80)
sp
RESOLUTION NO. 2000-16
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY
APPROPRIATING FUNDING AND AUTHORIZING
THE MAYOR TO EXECUTE AN AGREEMENT WITH
JONES AND MADHAVAN, PARTNERSHIP TO DEVELOP A
MASTER PLAN FOR THE UPGRADE AND MAINTENANCE
OF THE NATIONAL CITY MUNICIPAL SWIMMING POOL
WHEREAS, the City desires to employ a contractor to develop a master plan for
the upgrade and maintenance of the National City Municipal Swimming Pool; and
WHEREAS, the City has determined that Jones and Madhavan, Partnership is an
Architecture/Engineering consulting firm and is qualified by experience and ability to perform
the desired services for the City, and Jones and Madhavan, Partnership is willing to perform
such services.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
National City that the Mayor is hereby authorized to execute an agreement with Jones and
Madhavan, Partnership to develop a master plan for the upgrade and maintenance of the
National City Municipal Swimming Pool. Said agreement is on file in the office of the City
Clerk.
BE IT FURTHER RESOLVED that the City Council of the City of National City
hereby approves the following appropriation and transfer of $23,000 for the development of a
master plan for the upgrade and maintenance of the National City Municipal Swimming Pool
Facility:
FROM: Account No. 196-2501 (Capital Project Reserve Fund)
TO: Account No. 196-409-500-598-4002 (Project Account)
PASSED and ADOPTED this 22' day of February, 2000.
George H. Waters, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
EXPLANATION: The City advertised a Request for Qualifications (RFQ) for the City
of National City Municipal Swimming Pool Facility Master Plan. Three consulting
firms submitted Statements of Qualifications in accordance with the RFQ requirements.
The three firms expressing interest in the project were:
Jones and Madhavan Architecture Engineering - Torrance, California
Nicoloff and Associates - San Diego, California
Ehm Architecture - San Diego, California
A selection committee consisting of Parks Director Jim Ruiz, Deputy Public Works
Director Terry McAvoy, and Principal Engineer Stephen Kirkpatrick reviewed the
statements and decided to interview two of the firms. Jones and Madhavan was the
unanimous choice of the committee as the most qualified to prepare the required master
plan.
Engineering then entered into negotiations with the selected firm and agreed upon the
required Scope of Work and the corresponding fee. The Scope of Work is detailed in
Exhibit A of the attached consulting contract. The master plan will provide a detailed
description of all required/suggested upgrades and maintenance for the facility. Cost
estimates will be included for each component of the plan.
The plan will be used not only as guidance for maintenance/upgrades, but also as a tool
for applying for grants to fund the suggested upgrades. The plan will determine the
demographic statistical data of the users of the facility and suggest appropriate use fees.
Staff believes that by having a master plan we will be a step ahead when it comes to
competing for grant appropriations.
AGREEMENT BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
JONES AND MADHAVAN, PARTNERSHIP
THIS AGREEMENT is entered into this 22'a day of February 2000 by and between the
CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and JONES AND
MADHAVAN, PARTNERSHIP (the "CONTRACTOR").
RECITALS
WHEREAS, the CITY desires to employ a CONTRACTOR to prepare the City of National
City Municipal Swimming Pool Facility Upgrade/Maintenance Master Plan (the "PROJECT").
WHEREAS, the CITY has determined that the CONTRACTOR is a
Architecture/Engineering consulting firm and1 s qualified by experience and ability to perform the
desired services for the CITY, and the CONTRACTOR is willing to perform such services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
FOLLOWS:
1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the
CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set
forth in accordance with all terms and conditions contained herein.
The CONTRACTOR represents that all services required hereunder will be performed
directly by the CONTRACTOR or under direct supervision of the CONTRACTOR.
2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth
in the attached Exhibit A.
The CONTRACTOR shall be responsible for all research and reviews related to the work
and shall not rely on personnel of the CITY for such services, except as authorized in advance by
the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit A to keep staff and City
Council advised of the progress on the project.
The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time
reduce or increase the Scope of Services to be performed by the CONTRACTOR under this
Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and
confer for the purpose of negotiating a corresponding reduction or increase in the compensation
associated with said change in services, not to exceed a factor of 10% from the base amount.
3. PROJECT COORDINATION AND SUPERVISION. Mr. Stephen Kirkpatrick
hereby is designated as the Project Coordinator for the CITY and will monitor the progress and
Page 1 of 9
execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide
supervision and have overall responsibility for the progress and execution of this Agreement for the
CONTRACTOR. Mr. Nachi Madhavan hereby is designated as the Project Director for the
CONTRACTOR.
4. COMPENSATION AND PAYMENT. The compensation for the
CONTRACTOR shall be based on monthly billings covering actual work performed. Payment
shall be based upon an estimated percentage complete of the six payment schedule items listed in
Exhibit A (the Base amount). The total cost for all work described in Exhibit A shall not exceed
the payment schedule given in Exhibit A without prior written authorization from the City's Project
Coordinator. Monthly invoices will be processed for payment and remitted within thirty (30) days
from receipt of invoice, provided that work is accomplished consistent with Exhibit A as
determined by the CITY.
The CONTRACTOR shall maintain all books, documents, papers, employee time sheets,
accounting records, and other evidence pertaining to costs incurred and shall make such materials
available at its office at all reasonable times during the term of this Agreement and for three (3)
years from the date of final payment under this Agreement, for inspection by the CITY and for
furnishing of copies to the CITY, if requested.
5. LENGTH OF AGREEMENT. Completion dates or time durations for specific
portions of the Project are set forth in Exhibit A.
6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda,
Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the
CONTRACTOR for this Project, whether paper or electronic, shall become the property of the
CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of
the Project, or any phase thereof, as contemplated by this Agreement.
Contemporaneously with the transfer of documents, the CONTRACTOR assigns to the
CITY and thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all
written material, drawings, plans, specifications or other work prepared under this agreement,
except upon the CITY's prior authorization regarding reproduction, which authorization shall not
be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any
further document(s) necessary to further effectuate this waiver and disclaimer.
The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify,
assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written
work product for the CITY's purposes, and the CONTRACTOR expressly waives and disclaims
any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual
property and artistic works.
Any modification or reuse by the CITY of documents, drawings or specifications prepared
by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only
with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY
Page 2 of 9
should the documents be used by the CITY for some project other than what was expressly agreed
upon within the Scope of this project, unless otherwise mutually agreed.
7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this
Agreement will be acting in an independent capacity and not as agents, employees, partners or joint
venturers with one another. The CONTRACTOR is not an employee of the CITY and is not
entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not
limited to medical, unemployment, or workers' compensation insurance.
This Agreement contemplates the personal services of the CONTRACTOR and the
CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to
the CITY for entering into this Agreement was, and is, the professional reputation and competence
of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be
assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein
contained is intended to prevent the CONTRACTOR from employing or hiring as many employees
as the CONTRACTOR may deem necessary for the proper and efficient performance of this
Agreement.
8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any
control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except
as herein set forth, and the CONTRACTOR expressly agrees not to represent that the
CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner
agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its
agents, servants, and employees are as to the CITY wholly independent contractors and that the
CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement.
9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the
performance of the services to be provided herein, shall comply with all State and Federal statutes
and regulations, and all ordinances, rules and regulations of the City of National City, whether now
in force or subsequently enacted. The CONTRACTOR, and its subcontractors, shall obtain and
maintain a current City of National City business license prior to and during performance of any
work within the City.
10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants
that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally
required to practice its profession. The CONTRACTOR represents and covenants that the
CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of
this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR
to practice its profession.
11. STANDARD OF CARE.
A. The CONTRACTOR, in performing any services under this Agreement, shall
perform in a manner consistent with that level of care and skill ordinarily exercised by members of
the profession currently practicing under similar conditions and in similar locations. The CITY
expects that the CONTRACTOR shall take all special precautions necessary to protect the
Page 3 of 9
CONTRACTOR's employees and members of the public from risk of harm arising out of the
nature of the work and/or the conditions of the work site.
B. The CONTRACTOR warrants to the CITY that it is not now, nor has it been for
the five (5) years preceding, involved in arbitration or litigation concerning the CONTRACTOR's
professional performance or the furnishing of materials or services relating thereto.
C. The CONTRACTOR is responsible for identifying any unique products, treatments,
processes or materials whose availability is critical to the success of the project the
CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when
no time is specified, then within a commercially reasonable time. Accordingly, unless the
CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products,
materials, processes or treatments identified in the project documents prepared for the CITY are
reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under
this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that
result from the CITY's later inability to obtain the specified items or any reasonable substitute
within a price range that allows for project completion in the time frame specified or, when not
specified, then within a commercially reasonable time.
12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR will not
discriminate against any employee or applicant for employment because of age, race, color,
ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition. The CONTRACTOR will take positive action to insure that applicants are
employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation,
marital status, national origin, physical handicap, or medical condition. Such action shall include
but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous
places available to employees and applicants for employment any notices provided by the CITY
setting forth the provisions of this non-discrimination clause.
13. CONFIDENTIAL INFORMATION. The CITY may from time to time communi-
cate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to
effectively perform the services to be provided herein. The CONTRACTOR shall treat all such
information as confidential and shall not disclose any part thereof without the prior written consent
of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even
within its own organization, to the extent necessary to perform the services to be provided herein.
The foregoing obligation of this Section 13, however, shall not apply to any part of the information
that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of
the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is
already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv)
has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the
extent that the use or disclosure thereof has been or is rightfully authorized by that third party.
The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other
results of the services or the existence of the subject matter of this Agreement without the prior
written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with
Page 4 of 9
all legal obligations it may now or hereafter have respecting the information or other property of
any other person, firm or corporation.
CONTRACTOR shall be liable to CITY for any damages caused by breach of this
condition, pursuant to the provisions of Section 14.
14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees
to indemnify, defend, and hold harmless the City of National City, its officers, employees and
volunteers, against and from any and all liability, loss, damages to property, injuries to, or death of
any person or persons, and all claims, demands, suits, actions, proceedings, costs or attorneys'
fees, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever,
in any way resulting from or arising out of the CONTRACTOR' s performance of this Agreement.
15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of
the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California,
the applicable provisions of Division 4 and 5 of the California Government Code and all
amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify,
defend and hold harmless the CITY and its officers, employees and volunteers from and against all
claims, demands, payments, suits, actions, proceedings and judgments of every nature and
description, including attorney's fees and costs presented, brought or recovered against the CITY
or its officers, employees, or volunteers, for or on account of any liability under any of said acts
which may be incurred by reason of any work to be performed by the CONTRACTOR under this
Agreement.
16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase
and maintain throughout the term of this agreement, the following insurance policies:
A. Professional liability insurance with minimum limits of $1,000,000 per occurrence.
B. Automobile insurance covering all bodily injury and property damage incurred
during the performance of this Agreement, with a minimum coverage of $1,000,000 combined
single limit per accident. Such automobile insurance shall include non -owned vehicles.
C. Comprehensive general liability insurance, with minimum limits of $1,000,000
combined single limit per occurrence, covering all bodily injury and property damage arising out of
its operation under this Agreement.
D. Workers' compensation insurance covering all of its employees and volunteers.
E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers,
employees, and volunteers, so that any other policies held by the CITY shall not contribute to any
loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the
CITY of cancellation or material change.
F. Said policies, except for the professional liability and worker's compensation
policies, shall name the CITY and its officers, agents and employees as additional insureds.
G. If required insurance coverage is provided on a "claims made" rather than
"occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years
after expiration of the term (and any extensions) of this Agreement.
H. Any aggregate insurance limits must apply solely to this Agreement.
I. Insurance shall be written with only California admitted companies which hold a
current policy holder's alphabetic and financial size category rating of not less than A VIII
Page 5 of 9
according to the current Best's Key Rating Guide, or a company equal fmancial stability that is
approved by the City's Risk Manager.
J. This Agreement shall not take effect until certificate(s) or other sufficient proof that
these insurance provisions have been complied with, are filed with and approved by the CITY's
Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and
effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to
maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as
provided herein.
17. LEGAL FEES. If any party brings a suit or action against the other party arising
from any breach of any of the covenants or agreements or any inaccuracies in any of the
representations and warranties on the part of the other party arising out of this Agreement, then in
that event, the prevailing party in such action or dispute, whether by fmal judgment or out -of -court
settlement, shall be entitled to have and recover of and from the other party all costs and expenses
of suit, including attorneys' fees.
For purposes of determining who is to be considered the prevailing party, it is stipulated
that attorney's fees incurred in the prosecution or defense of the action or suit shall not be
considered in determining the amount of the judgement or award. Attorney's fees to the prevailing
party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred
by the CITY in its prosecution or defense of the action, irrespective of the actual amount of
attorney's fees incurred by the prevailing party.
18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this
Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute
by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the
American Arbitration Association (the "AAA") before resorting to arbitration. The costs of
mediation shall be borne equally by the parties. Any controversy or claim arising out of, or
relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled
by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the
AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a
judgment thereon may be entered in any court having jurisdiction over the subject matter of the
controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration,
provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys'
fees, except that the arbitrator may assess such expenses or any part thereof against a specified
party as part of the arbitration award.
19. TERMINATION.
A. This Agreement may be terminated with or without cause by the CITY. Termination
without cause shall be effective only upon 60-day written notice to the CONTRACTOR. During
said 60-day period the CONTRACTOR shall perform all services in accordance with this Agree-
ment.
B. This Agreement may also be terminated immediately by the CITY for cause in the
event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in
connection with the formation of this Agreement or the performance of services, or the failure to
perform services as directed by the CITY.
Page 6 of 9
C. Termination with or without cause shall be effected by delivery of written Notice of
Termination to the CONTRACTOR as provided for herein.
D. In the event of termination, all finished or unfinished Memoranda Reports, Maps,
Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether
paper or electronic, shall immediately become the property of and be delivered to the CITY, and
the CONTRACTOR shall be entitled to receive just and equitable compensation for any work
satisfactorily completed on such documents and other materials up to the effective date of the
Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused
the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material
shall vest in the CITY all rights set forth in Section 6.
E. The CITY further reserves the right to immediately terminate this Agreement upon:
(1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the
CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business
name or change in business status of the CONTRACTOR.
20. NOTICES. All notices or other communications required or permitted hereunder
shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or
the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent
by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy,
facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the
date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail,
the business day following its deposit in such overnight mail facility, (iii) if mailed by registered,
certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of
California) after the date of deposit in a post office, mailbox, mail chute, or other like facility
regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when
delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy,
facsimile or fax, when sent. Any notice, request, demand, direction or other communication
delivered or sent as specified above shall be directed to the following persons:
To the CITY:
To the CONTRACTOR:
Burton S. Myers
City Engineer
City of National City
1243 National City Boulevard
National City, CA 91950
Nachi Madhavan
Principal
Jones and Madhavan, Partnership
25500 Hawthorne Boulevard, Suite 2140
Torrance, CA 90505
Notice of change of address shall be given by written notice in the manner specified in this
Section. Rejection or other refusal to accept or the inability to deliver because of changed address
of which no notice was given shall be deemed to constitute receipt of the notice, demand, request
or communication sent. Any notice, request, demand, direction or other communication sent by
Page 7 of 9
cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter
mailed or delivered as specified in this Section.
21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform
services of any kind for any person or entity whose interests conflict in any way with those of the
City of National City. The CONTRACTOR also agrees not to specify any product, treatment,
process or material for the project in which the CONTRACTOR has a material financial interest,
either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at
all times comply with the terms of the Political Reform Act and the National City Conflict of
Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official
position to influence in any way any matter coming before the CITY in which the CONTRACTOR
has a financial interest as defined in Government Code Section 87103. The CONTRACTOR
represents that it has no knowledge of any financial interests that would require it to disqualify itself
from any matter on which it might perform services for the CITY.
The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses
the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR.
22. MISCELLANEOUS PROVISIONS.
A. Computation of Time Periods. If any date or time period provided for in this
Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall
automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday,
Sunday or federal, state or legal holiday.
B. Counterparts. This Agreement may be executed in multiple counterparts, each of
which shall be deemed an original, but all of which, together, shall constitute but one and the same
instrument.
C. Captions. Any captions to, or headings of, the sections or subsections of this
Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement,
and shall not be used for the interpretation or determination of the validity of this Agreement or any
provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly provided herein,
the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or
obligate any of the parties hereto, to any person or entity other than the parties hereto.
E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby
incorporated herein by this reference for all purposes.
Exhibit A
F. Amendment to this Agreement. The terms of this Agreement may not be modified
or amended except by an instrument in writing executed by each of the parties hereto.
G. Waiver. The waiver or failure to enforce any provision of this Agreement
shall not operate as a waiver of any future breach of any such provision or any other provision
hereof.
H. Applicable Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of California.
I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations
and communications, oral or written, and contains the entire agreement between the parties as to
Page 8 of 9
02/17/2000 14:34 3107918436
F1215-17-00 02:18P
JONES & MADHAVAN
PAGE 02/02
P.02
the subject matter hereof. No subsequent agreement, representation. or pro ise made by either
party hereto, or by or to an employee, officer, agent or representative of any iarLy hereto shall be
of any effect unless it is in writing and executed by the party to he bound theret ,,
J. Successors and Assigns. This Agreement shall be binding upon and shall inure to
the benefit of the successors and assigns of the parties hereto.
K. Construcrinn. The parties acknowledge and agree that (i) t party is of equal
bargaining strength. (ii) each party has actively participated in the draft
negotiation of this Agreement, (iii) each such party has consulted with or has d theroppo tunion and
to
comb with its own, independent counsel and such other professional advi as such pay as
deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each
patty and such party's counsel and advisors have reviewed this Agreement (v) each party has
agreed to enter into this Agreement following such review and the render t ` f such advice, and
(vi) any rule or construction to the effect that ambiguities are to be resolve ', against the drafting
party shall not apply in the interpretation of this Agreement, or any po +ns hereof, or any
amendments hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agrerg on the date and
year first above written.
JONES AND MADHAVAN, PARTNERSHIP
114,01-hm.yi
General Partner
CITY OF NATIONAL CITY
George Waters, Mayor
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Page 9 of 9
Mr. Stephen Kirkpatrick
February 7, 2000
Page 2
Survey of current entrance fees for nearby public aquatic
facilities.
j. Recommendations for proposed renovations and
improvements.
k. Estimated cost of construction for proposed renovations and
improvements.
I. Estimated cost of utilities and chemicals for proposed
renovations and improvements.
m. Estimated cost of long term maintenance.
n. Estimate of maintenance staff requirements for proposed
renovations and improvements.
o. Proposed phasing schedule of improvements.
p. Colored site plan indicating proposed renovations and
improvements.
q. Master plan will be in 8 '/2 x 11 report form with 24 x 36 site
plan for presentation use.
r. Meet with City staff to present draft Master Plan and receive
input.
5. Revise draft Master Plan based on review comments received from
City staff.
6. Meet with City staff to present final Master Plan.
Proposed Fee
Our fee will be $21,000 and allocated as follows in accordance with the items
listed previously:
1. Review As-Builts $400
2. Site Visit 800
3. Meeting with City Staff 400
4. Master Plan 15,000
5. Revise Master Plan 4,000
6. Present Final Master Plan 400
Mr. Stephen Kirkpatrick
February 7, 2000
Page 3
Proposed Schedule
Our schedule will be as follows in accordance with the items list previously:
1. Review As-Builts Week 1
2. Site Visit Week 2
3. Meeting with City Staff Week 2
4. Master Plan Week 3 - 8
5. Revise Master Plan , Week 9
6. Present Final Master'Plan Week 10
Please review this proposal and let me know if any modifications need to be
made.
Sincerely,
JONES & MADHAVAN
Nachi Madhavan, AIA
Principal
Enclosure
ERA
Economics Research Associates
February 4, 2000
Mr. Nachi Madhavan
Jones and Madhavan
25500 Hawthorne Boulevard
Suite 2140
Torrance, CA 90505
RE: National City Municipal Pool Renovation Demographic Analyses
(ERA Proposal No. 38102R)
VIA: FAX: 310 791 8496
Dear Mr. Madhavan:
Economics Research Associates (ERA) is pleased to present this practical
and focused revised proposal to define the sociodemographics of the City of
National City which will support the renovation and expanded use of the
Municipal Swimming Pool and aquatics facilities. Based upon our conversation
of this date, we understand that the City is strongly interested in obtaining
sociodemographic data about the potential market area around the pool (including
a portion of the City of San Diego) which will help to define contemporary and
near -term future user profile information which can support applications for grant
funding to cover all or a portion of the upcoming renovation costs. You have
indicated that National City officials have seen the work ERA prepared for the
Orcutt Aqua Center and that they are highly interested in the sociodemographics
analyses which ERA included in that recent report.
All components of a basic contract agreement are contained in this
proposed contract agreement. ERA can conduct the work from our San Diego
based office, which may be of significant benefit to National City.
I. UNDERSTANDING OF THE ASSIGNMENT
The city of National City seeks to renovate its existing municipal pool
which is nearly 30 years old or more. It is an outdoor pool in a park setting, and
consists of a 50-meter by 50-foot pool, with a small training pool alongside, and a
bath house which does need significant renovation. An existing waterslide
provides recreational use into the large outdoor pool. Prior planning had
anticipated direct access to the bath house side, but was supplanted by placement
of a golf course at the boundary location; thus, there is no direct access as had
been previously planned.
10990 Wilshire Boulevard Suite 1500 Los Angeles, CA 90024
310.477.9585 FAX 310.478.1950 www. econ res.com ERA is affiliated with Drivers Jonas
Los Angeles San Francisco San Diego Chicago Washington DC London
ERA
Mr. Nachi Madhavan
ERA Proposal No. 38102R
February 4, 2000
Page 2
ERA has taken the time to quickly evaluate population growth and
ethnicity in National City by reviewing several sources including the Bureau of
the Census and the California Department of Finance official annual estimates.
The City has grown roughly from 43,200 in 1970 to approximately 56,000
residents in the year 2000. Virtually no growth in terms of actual numbers has
occurred, however, since 1990, when the U.S. Census found 54,250 residents.
Thus, internal changes in the sociodemographics have been the mark of the 1990s
rather than dramatic increase in numbers of residents.
The City is racially and ethnically diverse with roughly 9 percent African
American, more than 18 percent Asian, and about 32 percent of other races.
These add to approximately 59 percent of the total population. Hispanic surname
residents account for roughly 50 percent of the total population. All of the data
recorded above are from the 1990 census, and will have changed somewhat in the
past decade, with the likelihood of greater numbers of Asians and Hispanic
populations.
ERA understands that the National City municipal pool IS utilized by some
City of San Diego residents from outside the City, and we will inquire concerning
this information at the outset of the assignment.
II. SCOPE OF WORK
ERA will conduct a thorough sociodemographic analy is using the 1990
census as a benchmark only, inasmuch as internal sociodemo phic change has
occurred during this recent decade. We note that the April 200 census data will
not be available until late in the year 2000. Thus, we must ake our estimates
based upon the best available information from a variety of soi4rces including the
following:
• U.S. Bureau of the Census
• Sandag
• UDS/NDS/Claritas
• State Department of Finance
• School District enrollments, if available
• User group profile information as assessed by the Parks and
Recreation Department
ERA will thus build a consistent picture of -hie contemporary
sociodemographics of the City, and of those most likely to utilize the municipal
ERA
Mr. Nachi Madhavan
ERA Proposal No. 38102R
February 4, 2000
Page 3
pool. We will next project forward in 5 years and 10 years the likely growth and
change in the sociodemographics of the City, and focus the information toward
probable municipal pool use demand by the several age grades and user group
types.
ERA will order commercially available forecast data for the next five
years which does project change in per capita income, household incomes, and
family incomes, so that we are able to determine the degree of disposable income,
and the need for affordable recreational experiences.
ERA will also examine the additional activities which are now a part of
public swimming pool offerings which attract different age grades within the
community including:
• Water exercise
• Enhanced water safety training
• Distance/lap swimming by different age grades
• Parent/child joint learn -to -swim classes
ERA will prepare a focused sociodemographic report, bound separately,
which may be utilized by the City to appropriately target funding sources, as well
as to gain local governmental approvals for fund raising initiatives. ERA will
provide 10 copies of an administrative draft for official review. Thereafter, we
will provide 10 copies of the final report, plus a good quality reproducible.
III. SCHEDULE OF PERFORMANCE
This project can commence immediately and be completed within 30 days.
It can move forward independently of the renovation planning, or can be slotted to
be completed at the time the renovation schematics are available.
IV. STAFFING AND MANAGEMENT
ERA will commit the same team which has worked on aquatic facilities in
California for the past decade. Mr. William R. Anderson of our San Diego office
will lead the effort, supported by Mr. David A. Wilcox and Ms. Anne W. Wurts
of our Los Angeles office. This team has worked upon the aquatics facilities
forecasting of demand for the City of Ventura, City of Davis, Orcutt Aqua Center,
and the City of Diamond Bar.
ERA
Mr. Nachi Madhavan
ERA Proposal No. 38102R
February 4, 2000
Page 4
Resumes for each of these three individuals are attached hereto.
V. RECOMMENDED COMPENSATION
ERA has carefully examined the specific costs of conducting the
assignment. We respectfully request a fixed fee of $7,500.00 to conduct the
work. We estimate the need for 68 hours of professional consulting time at a
composite billing rate of $100 per hour, or $6,800.00 for professional labor. An
additional $700 will cover all costs of local travel, word processing, reports
production and duplication, and necessary data purchases for the research
analyses.
For an assignment of this type, ERA will bill the client on a monthly basis
for the cumulative percentage of the work performed, and as evidenced by the
deliverables provided to the client..
ERA has built into the budget two meetings with the client group in
National City including a start up meeting and a draft report review meeting at the
conclusion of the work.
As ERA frequently contracts with many cities in California and the west,
we are able to provide any necessary evidence of insurance coverages, mandatory
employee benefits, financial strength of the firm, or other representations and
certifications as may be required.
VI. QUALIFICATIONS OF THE FIRM
As mentioned briefly previously, the firm has conducted a wide variety of
aquatic center analyses of public park systems throughout California. We
continue to do so, and we are frequently asked to evaluate swimming pools and
reinvestment programs for municipal swimming pools, as compared with other
public recreation facilities. Recent analyses concerning municipal swimming
pools have included those conducted for the City of Ventura, City of Diamond
Bar, City of Davis, the Orcutt Aqua Center, several YMCA's, the San Bernardino
County Parks Department, and numerous others.
Our corporate brochure is enclosed with this proposal for your review.
We would be pleased to provide any necessary list of client references for your
further research regarding our qualifications.
ERA
Mr. Nachi Madhavan
ERA Proposal No. 38102R
February 4, 2000
Page 5
VII. AUTHORIZATION OF THE ASSIGNMENT
We have prepared this proposal in a format which can be used as part of
the attachment to a contract for professional services with the City of National
City. Alternatively, we can act as subconsultant to Jones & Madhavan.
We hope we may look forward to initiating the work in the very near
future. As noted previously, ERA can conduct much of the work and meet
directly with National City officials because of our presence in San Diego.
We look forward to the opportunity to work with National City on this
most focused public recreation assignment.
Respectfully submitted,
/
David A. Wilcox, AICP
Senior Vice President
DAW/jla
Attachments
1. Resumes
2. Profile of the Firm
Enclosures
1. Corporate brochure
ACCEPTED BY: DATE:
ACCEPTED BY: DATE:
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE 02/22/00
AGENDA ITEM NO. 3
ITEM TITLE WARRANT REGISTER #33
PREPARED BY
EXPLANATION.
ROBERT A. RABAGO
DEPARTMENT FINANCE
Ratification of Warrant Register #33
per government section code 37208.
Environmental Review N/A
Financial Statement N/A
STAFF RECOMMENDATION
Account No
I recommend ratification of these warrants for a total of $1,083,946.78
72 ;
BOARD/COMMISSION RECOMMENDA 1
60)144.4
T CHMENTS (Listed Below) Resolution No.
1. Warrant Register #33
2. Payroll dated 02/16/00
3. Workers' Comp Warrant Register dated 02/09/00
6,67667,A2u../.04,,04,74
441hat
�
A-200 (Rev. 9/80)
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE February 22, 2000
AGENDA ITEM NO. 4
ITEM TITLE
CLAIM FOR DAMAGES: James Morant
PREPARED BY Michael R. Dalla, CMC,lt DEPARTMENT City Clerk
EXPLANATION
The claim of James Morant arises from an occurrence on August 19, 1999
and was filed with the City Clerk's Office on January 19, 2000 .
Environmental Review
Financial Statement
N/A
XX N/A
Account No.
STAFF RECOMMENDATION
Deny the claim, and refer to the City Attorney.
BOARD/COMMISSION RECOMMENDATION
N/A
TT CHMENTS (Listed Below) Resolution No.
Copy of Claim for Damages
A•200 (Rev. 9/8O)
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE February 22, 2000
AGENDA. ITEM NO. 5
ITEM TITLE
APPLICATION FOR LEAVE TO FILE LATE CLAIM
Maria Guadalupe Perez
PREPARED BY Michael R. Dalla, CMC KkDEPARTMENT City Clerk
EXPLANATION.
The application for leave to file late claim of Maria Guadalupe Perez arises
from an occurernce on February 4, 1999, and was filed with the City Clerk's Office
on February 3, 2000.
Environmental Review
Financial Statement
N/A
XX N/A
Account No.
STAFF RECO ENDATION
Deny the application for leave to file late claim.
BOARD/COMMISSION RECOMMENDATION
N/A
TT CHMENTS (listed Below) Resolution No.
Copy of Claim for Damages
A-200 (Rev. 9/80)
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE February 22, 2000
AGENDA ITEM NO.
6
(-ITEM TITLE
APPROVE WAIVER OF BUSINESS INTERRUPTION INSURANCE COVERAGE REQUIREMENT
FOR GTE WIRELESS OF THE PACIFIC IN CONNECTION WITH THE LEASE OF A PORTION OF EL TOYON PARK
PREPARED BY George H. Eiser, ljlLDEPARTMENT
EXPLANATION
City Attorney
The City Council, on December 14, 1999, approved a Lease with GTE Wireless of the Pacific
for a portion of El Toyon Park. Gl'h will install antennae facilities on the leased premises.
GTE has complied with all prerequisites of the lease pertaining to insurance, with the exception
of providing proof of business interruption coverage, which is required by Section 21(f)(v) of the
Lease. In the attached letter, General Dynamics, of behalf of GTE, has requested waiver of this
requirement.
This Office agrees with GTE's rationale, and recommends that the subject insurance
requirement be waived.
Environmental Review X N/A
Financial Statement
N/A
Account No.
STAFF RECOMMENDATION
Approve waiver of Section 21(f)(v) of the Lease with GTE Wireless of the Pacific.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below )
A-200 (9/80)
Letter from General Dynamics dated February 17, 2000.
Resolution No.
Feb 18 00 12:32p
GD WTS SALT LAKE CITY (801) 256-1158
p.1
sfi r,111111e@17
�lA3 1.Y,;�lii�®���41 4i
ST trlmE c'i
February 17, 2000
GENERAL DYNAMICS
Worldwide Telecommunication Systems
VIA FACSIMILE: (619) 336-4327
Mr. George H. Eiser, Ill, City Attorney
City of National City
1243 National City Boulevard
National City, California 91950
Re: GTE Wireless of the Pacific Lease
El Toyon Park
Dear Mr. Eiser:
On behalf of GTE Wireless of the Pacific, Incorporated, please accept this request to amend the
current Lease Agreement for the El Toyon Park site to eliminate the requirements of paragraph
21 (f) (v), which deals with business interruption insurance. This provision is difficult to satisfy,
given the nature of GTE's existing insurance binders and may seem unnecessary in light of the
fact that GTE prepays its rent on an annual basis. We respectfully request the elimination of
this requirement from the Lease Agreement.
You have advised me that this request must be presented to the City Council and we request
that you proceed with due diligence.
If I may be of any assistance, please contact me at this office.
Sincerely,
General Dynamics -Worldwide Telecommunication Systems
Jeffrey Taxson
Site Acquisition Manager
(619) 806-0862
2835 Camino del Rio South, Suite 110, San Diego, CA 92108
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE February 22, 2000 AGENDA ITEM NO. 7
ITEM TITLE RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT OF THE
TRANSFER AND EXCHANGE OF FEDERAL FUNDS FOR LOCAL FUNDS FOR THE
ACQUISITION AND LEASE OF SIXTEEN (16) BUSES.
PREPARED BY Alfredo Rios, Jr DEPARTMENT National
City Transit
EXPLANATION.
This is an agreement for the transfer and exchange of Federal
Funds for Local Funds for the acquisition and lease of sixteen
(16) buses between the San Diego Metropolitan Transit Development
Board (MTDB) a public agency and the City of National City. The
sixteen (16) new buses will upgrade the City's Public Transit
System which serves the City and certain surrounding areas.
MTDB has offered to purchase 16 new buses on behalf of the city,
using 50 percent city Transportation Development Act (TDA) funds
and 50 percent Federal Funds. The city would contribute $400,000
in TDA funds as an initial contribution towards the $2,300,000
representing the 50 percent share. The city would lease the 16
new buses from MTDB for 12 years at an annual rental of ONE
DOLLAR per bus. Additional contribution would be made each year
thereafter beginning in FY 2001 based on a contribution to the
regional bus capital replacement fund. The amount to be deter-
mined for FY 2001 will be based on a projection each year of
future capital.
please see attached
Environmental Review X N/A
Financial Statement
This action only involves TDA Funds and not the City's
general fund.
Account No.
STAFF RECOMMENDATION
Staff Recommends Approval
BOARD/COMMISSION RECOMMENDATION
ATTACHMENTS (Listed Below) 2000-17
Resolution No
Resolution - Agreement
A-200 (Rev. 9/80)
EXPLANATION.
MTDB has assured the City that except as specifically provided in
this agreement, MTDB's purchase of the City buses, on behalf of
City, using Federal Funds will not impose on the City any costs,
obligations, or liabilities beyond those which the city would
incur if it purchase the City buses itself using only TDA funds.
RESOLUTION NO. 2000- 17
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AUTHORIZING
THE MAYOR TO EXECUTE AN AGREEMENT FOR TRANSFER
AND EXCHANGE OF FEDERAL FUNDS FOR LOCAL FUNDS, AND
AUTHORIZING THE INITIAL EXPENDITURE OF APPROXIMATELY
$400,000 IN TRANSPORTATION DEVELOPMENT ACT FUNDS
FOR THE ACQUISITION AND LEASE OF 16 NEW BUSES
FOR THE CITY'S TRANSIT SYSTEM
WHEREAS, the San Diego Metropolitan Transit Development Board (MTDB)
has proposed the acquisition of 16 new buses for the City's transit system, to be paid for using
50 percent federal grant funds and 50 percent City Transportation Development Act (TDA)
funds; and
WHEREAS, pursuant to the MTDB's proposal, the City would now transfer
$400,000 in TDA funds to the MTDB as an initial contribution to its 50 percent share of the
total acquisition cost of $2,300,000 and additionally, the City would lease the 16 new buses
from the MTDB for 12 years at an annual rental of One Dollar per bus; and
WHEREAS, beginning with Fiscal Year 2001, additional contributions from the
City would be made each year after the initial contribution, based on a contribution to the
regional bus capital replacement fund, with the amount to be contributed for Fiscal Year 2001
being based on a projection each year of future capital; and
WHEREAS, the MTDB has prepared an Agreement for Transfer and Exchange
of Federal Funds for Local Funds for the acquisition and lease of buses to memorialize the
transaction described above; and
WHEREAS, MTDB has assured the City that, except as specifically provided in
said Agreement, MTDB's purchase of the city buses, on behalf of the City, using federal funds
will not impose on the City any costs, obligations, or liabilities beyond those which the City
would incur if it purchased the city buses itself using TDA funds.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute an Agreement for the Transfer and
Exchange of Federal Funds for Local Funds, and authorizing the initial expenditure of
$400,000 in Transportation Development Act funds for the acquisition and lease of 16 new
buses for the City's transit system.
Signature Page to Follow —
Resolution No. 2000-17
February 22, 2000
Page Two
PASSED and ADOY1ED this 22'd day of February, 2000.
George H. Waters, Mayor
ATTEST:
Michael R. Darla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
1255 Imperial Avenue, Suite 1000
San Diego. CA 92101-7490
(619) 231-1466
FAX (619) 234-3407
December 13, 1999
Mr. Freddy Rios
General Manager
National City Transit
522 West Eighth Street
National City, CA 91950
Dear Mr. Rios:
Subject: AGREEMENT FOR TRANSFER AND EXCHANGE OF FUNDS FOR BUSES
CIP 461
Enclosed is a draft of the subject agreement (MTDB Document No. B0223.0-00) for your review
and comment. Following its completion, this document will be presented to the MTD Board of
Directors for final approval along with Transportation Development Act (TDA) claims.
If you have any questions, please contact Jeff Codling of our staff at (619) 557-4521.
Thank you for your cooperation in this matter.
Sincerely,
Jack Limber
General Counsel
KYarno
L-B02230.JCODLI
Enclosure: Draft agreement
cc: Jeff Codling, MTDB
City cir Oi a V-szre. of Se .d GtyE Cajon.. f. of Maes! Beach. C•f of of Lemon. Grose. City of National City. City of Poway, City of San Diego.
sietroisostosi faaiso orEo 'o is Cow d nator of Mespeolitan Taissoo stem rem Taxicab Administration
Sut w_. , Cm, San Cisol Transit Coro -mat .., San Diego Trolly, Ins . and . San Diego & Arizona Eastern Rarv.'ay Company
For personal trip p,'annlog or route information, call 1-800-COMMUTE or visit our web site at socommute. corn! -
MTDB Doc. No. B0223.0-00
CIP 461
DRAFT AGREEMENT FOR TRANSFER AND EXCHANGE OF FEDERAL FUNDS
FOR LOCAL FUNDS FOR THE ACQUISITION AND LEASE OF BUSES
THIS AGREEMENT for transfer and exchange of federal funds for local funds for the
acquisition and lease of buses ("Agreement") is entered into, effective 1999,
("Effective Date"), by and between the San Diego Metropolitan Transit Development Board
("MTDB"), a public agency, and NATIONAL CITY ("City"), a chartered municipal corporation of the
State of California, with reference to the following facts:
RECITALS
WHEREAS, City desires to purchase sixteen (16) new buses ("City Buses") in order to
upgrade the City's public transit system which serves the City and certain immediately surrounding
areas; and
WHEREAS, MTDB desires to utilize a portion of the City's Transportation Development Act
("TDA") funds, and to provide local match for the City Buses to finance operations of transit buses
and facilities; and
WHEREAS, MTDB has offered to purchase 16 of the City Buses, on behalf of the City, using
50 percent City TDA funds and 50 percent federal funds. The City would contribute $400,000 in
City TDA funds as an initial contribution towards the $2,300,000 representing the 50 percent share.
Additional contributions would be made each year thereafter beginning in FY 2001 based on a
contribution to the regional bus capital replacement fund. The amount to be determined for FY 2001
will be based on a projection each year of future capital; and
WHEREAS, the parties have determined that the use of MTDB federal funds for the purchase
of the City Buses, with a contribution of City TDA funds, will mutually serve MTDB's and the City's
best interests by maximizing the effective use of TDA funds for the benefit of transit operations in
the region; and
WHEREAS, MTDB has assured the City that, except as specifically provided in this
Agreement, MTDB's purchase of the City Buses, on behalf of the City, using federal funds will not
impose on the City any costs, obligations, or liabilities beyond those which the City would incur if it
purchased the City Buses itself using only TDA funds; and
WHEREAS, MTDB has prepared, submitted, and received a federal grant application
("Grant Application") with the Federal Transit Administration ("FTA") requesting federal grant funds
to finance the acquisition of the 16 City Buses ("Bus Acquisition Funds").
NOW, THEREFORE, in consideration of the above recitals and the obligations set forth herein,
MTDB and City agree as follows:
1. Federal Grant Application and Award Process
1.1 MTDB has secured the award of the federal Bus Acquisition Funds. In the
event that the Bus Acquisition Funds are awarded, any related grant award, contract, or grant
conditions (collectively, "Federal Grant Requirements") other than those set forth in the federal
Master Agreement, attached hereto as Exhibit A and incorporated by reference, shall be submitted to
the City for approval, such approval not to be unreasonably withheld or delayed. Except as
expressly provided in this Agreement, in no event shall the Federal Grant Requirements require the
City to incur costs, staff time, or liabilities in connection with the acquisition or use of the City Buses
that exceed the cost, staff time, or liabilities that the City would have incurred had the City acquired
the City Buses itself using 100 percent TDA funds. In the event that: (a) Bus Acquisition Funds are
not awarded, (b) the award is delayed such that the availability of Bus Acquisition Funds by the
date(s) for payment required in the "Bus Purchase Contract" (defined in Section 2.1 below) is
jeopardized, or (c) the City reasonably disapproves the federal grant requirements, City shall have the
right to terminate this Agreement without penalty, pursuant to Section 5 hereof. A budget for the
project has been developed and is attached as Exhibit B.
2. Bus Acquisition, Transfer, and Lease
2.1 MTDB has taken all necessary and appropriate steps to solicit competitive bids,
enter into a contract for the purchase of the City Buses ("Bus Purchase Contract"), and implement
such contract and procure the City Buses. The Bus Purchase Contract has been awarded as a
Joint Bus Procurement with the City and other regional agencies involved throughout the process.
MTDB submitted the initial bid package and materials alterations thereto, including "requests for
approved equals" to the City for City's prior approval. The solicitation, award, and implementation
of the Bus Purchase Contract shall be collectively referred to herein as the "Bus Procurement." The
Bus Purchase Contract was awarded: (a) to the lowest responsive and responsible bidder; and (b) in
accordance with all applicable federal, state, and local laws, and regulations and procedures,
including, without limitation, existing MTDB competitive procurement practices.
2.2 MTDB shall be solely responsible for bearing all Bus Procurement costs other
than the City's initial contribution of $400,000 to the project costs. City shall provide MTDB with
any City information reasonably requested by MTDB that is necessary to complete the
Bus Procurement process.
2.3 Upon City review and approval of the payment schedule for the contract, and
final approval of this agreement, the City shall transfer to MTDB, or cause to be transferred to
MTDB, an amount of City TDA funds estimated at $400,000 for the City Buses under the
Bus Purchase Contract. In the event the City Buses are not purchased and the contract is
terminated, MTDB shall return all such TDA funds to the City.
2.4 Effective upon the delivery of the City Buses, MTDB shall: (a) promptly deliver
possession of the City Buses to the City, (b) assign any and all warranties related thereto to the City,
and (c) lease the City Buses to the City on the terms set forth herein. The lease term shall be for a
period of twelve (12) years from the date of the delivery of the City Buses to the City. Rent shall be
$1 per bus per year, payable annually in arrears. Subject to the provisions of Section 3 hereof, City
shall be responsible at its sole cost for all normal maintenance and upkeep of the City Buses during
the lease term. City shall have the option, in its sole discretion, at the end of the lease term to
either: (1) extend the lease, as the City may elect, on the same terms and conditions set forth
above, or (2) if the fair market value is less than $5,000 each, purchase one or more of the City
Buses from MTDB for the purchase price of $1 per bus.
3. Federal Requirements
The City and MTDB recognize that a variety of federal requirements apply to MTDB in
the use of federal funds to purchase the City buses. Certain of those federal requirements will
remain the responsibility of MTDB throughout the life of the lease of the City Buses to the City.
-2- B0223.0-00
Other requirements will flow through to the City. The following generally summarizes those
requirements and the parties responsible for compliance with them. The federal Master Agreement
to which MTDB and the FTA are parties is attached hereto (Exhibit A) and incorporated by reference.
City and MTDB agree to meet and confer in good faith to minimize any costs related to these
requirements. In the event that the City is incurring significant ongoing expenses in complying with
the requirements in this Section 3, MTDB agrees to meet and confer in good faith to consider the
reimbursement to the City of some or all of those costs.
3.1 Ownership. MTDB at all times will retain ownership of the vehicles for a period
of 12 years. City shall have the option at any time, after the federal minimum normal service life
(12 years or 500,000 miles for standard buses and a fair market value under $5,000), to purchase
each vehicle for $1.
3.2 Decrease in Service. in the event that the City decreases peak -hour service,
decreasing the number of vehicles needed, City shall consult with MTDB to ensure that the leased
vehicles will be appropriately used for public transit services.
3.3 Senior and Disabled Fares. MTDB will maintain a regional fare structure
providing for senior and disabled fares as set forth in the Uniform Regional Fare Structure Agreement
between MTDB and area operators, including the City.
3.4 Public Comment Process. City and MTDB shall utilize a process to solicit and
consider public comment before raising fares or carrying out major reductions in transportation.
MTDB shall continue to utilize its process for the establishment and modification of the regional fare
structure. The City shall solicit and consider public comment before raising local fares or
implementing major reductions in transportation services.
3.5 Compliance with Competitive Procurement Requirements. MTDB shall procure
the vehicles in compliance with all federal requirements for competitive procurement. The City will
have no obligation with regard to such requirements, although the City shall participate with MTDB
in the development of appropriate plans and specifications for the vehicles to meet the City's needs.
3.6 Charter Bus Service. Neither the City nor MTDB shall provide charter bus
transportation service outside the urban area in which it provides regular scheduled mass
transportation services using the federally funded buses.
3.7 School Bus Service. Neither the City nor MTDB shall provide exclusive school
bus service except as specifically allowed by federal law using the federally funded buses.
3.8 Debarment and Suspension. MTDB and the City shall each execute, and cause
their contractors to execute, debarment and suspension certificates stating they have not been
disqualified from doing business with the federal government.
3.9 Notification of Changed Conditions. MTDB is obligated to notify the federal
government of any change in conditions, including changes in local law or litigation which would
affect performance of the project, i.e., utilization of the City Buses for mass transit services. City
agrees that, in the event such circumstances occur, it will notify MTDB. The parties agree to meet
and confer in good faith to ensure the continued use of the vehicles for the purposes intended.
3.10 MTDB as Grantee. MTDB specifically will be required to ensure compliance
with the requirements of 49 USC Section 53313 [previously known as Section 13(c)] of the
Federal Transit Act to protect certain rights of mass transit employees from adverse effects which
-3- B0223.0-00
may result from a federal project. As grant recipient, MTDB will be required by the Department of
Labor to enter into a 13(c) agreement with any union that represents mass transit employees in the
service area of the project. The 13(c) agreement will set forth MTDB obligations vis-a-vis mass
transit employees who are affected by the project. MTDB currently has entered into agreements
with affected employees. MTDB will assume all 13(c) obligations and indemnify the City for any
13(c) liability in accordance with Section 4.1. The City agrees to cooperate with MTDB in the
processing of any 13(c) claims by providing such necessary information relating to wages and
benefits. The Department of Labor has issued a final certification for this FTA grant approving
MTDB's agreements/arrangements with the labor organizations.
3.11 Americans with Disabilities Act. MTDB and the City, both, agree to comply
with the Americans with Disabilities Act (ADA) in the provision of services utilizing these vehicles.
MTDB will ensure that the vehicles meet accessibility requirements through its procurement. The
City will ensure that the vehicles are used in a manner compliant with the ADA in the provision of
mass transportation services.
3.12 Paratransit Services. MTDB and the City agree to continue to provide
ADA-compliant complementary paratransit services under the agreements currently in effect or as
modified in the future by the City and MTDB by mutual agreement.
3.13 Drug and Alcohol Testing. City agrees to provide drug and alcohol testing of
all of its drivers, as required by the Federal Highway Administration.
3.14 Equipment Management and Maintenance. MTDB and the City agree that the
City shall maintain the vehicles in good operating order for purposes for which they were intended.
City agrees to make all maintenance records available to MTDB.
3.15 Insurance. City shall maintain sufficient insurance or a self-insurance program
approved by MTDB to cover all casualty losses and ensure the repair or replacement of federal
vehicles. MTDB hereby approves the City's insurance program and requirements. In the event a
vehicle is not replaced or repaired, City agrees to transfer any insurance proceeds received to MTDB
for remitting the federal share to the FTA.
3.16 Equal Employment Opportunity. City and MTDB agree that no person, on the
grounds of race, color, creed, national origin, sex, age, or disability, will be excluded from
participation in, denied the benefits of, or be subject to discrimination of employment under the
program of mass transit services utilizing these vehicles.
3.17 Title VI, Nondiscrimination Requirements. MTDB and the City agree that the
mass transit services utilizing these vehicles shall be provided in a nondiscriminatory manner. MTDB
agrees to provide the necessary Title VI reporting to the federal government. The City agrees to
provide such technical assistance and information as necessary for the development of that report.
3.18 Maintenance Inspections. The City shall maintain, or cause to be maintained,
the City Buses at a high level of cleanliness, safety, and mechanical soundness under maintenance
procedures currently in effect for City -owned vehicles. MTDB and the FTA shall have the right to
conduct periodic maintenance inspections for the purpose of confirming the existence, condition, and
proper maintenance of the project equipment.
3.19 Records. MTDB and the City shall maintain full and accurate copies of records
of costs expended with regard to all matters covered by this Agreement. All such material and data
shall be kept available at their respective offices at reasonable times for five years from the date of
-4- B0223.0-00
final payment. MTDB shall maintain the overall set of records for the Bus Purchase Contract and the
Federal Grant Requirements. MTDB shall keep those records for five (5) years from the date of the
City Buses' delivery day to permit inspection and/or audit by the state and federal government or any
authorized representative thereof.
4. Representations, Warranties, and Indemnities
4.1 MTDB represents, warrants, acknowledges, and agrees that, to the best of its
knowledge, after due inquiry: (a) the transfer and use of the Bus Acquisition Funds and TDA funds,
and the parties' other obligations contemplated by this Agreement, comply with all applicable
federal, state, and MTDB laws, regulations, and policies; (b) Section 13(c) of the Federal Transit Act
and its successor codification at 49 USC Section 5333(b) 13(c) ("13(c) Requirements") shall not
apply to the City in its use and operation of the City Buses acquired by MTDB as contemplated
hereunder; and (c) except as expressly provided herein to the contrary, MTDB shall, and can legally,
at its sole cost be responsible for compliance with all applicable federal, state, and MTDB laws,
regulations, and policies, including, without limitation, the 13(c) Requirements and the Federal Grant
Requirements.
4.2 MTDB agrees to indemnify, protect, defend, and hold harmless the City, its
City Council members, officers, employees, and agents from and against any and all damages,
liabilities, losses, payments, costs, expenses, or expenditures, including, without limitation,
attorneys' fees and court costs (collectively "Losses") incurred thereby resulting, directly or
indirectly, from: (a) the failure or invalidity of any of the representations or warranties contained in
Section 4.1 hereof, or (b) the performance by MTDB or the City of their respective obligations under
this Agreement, provided, however, that any Losses caused by the active negligence or willful
misconduct of the City shall be excluded from this indemnity obligation.
4.3 City represents and warrants that it has full power and authority to enter into
this Agreement under the City Charter and applicable local purchasing rules and regulations.
4.4 City agrees to indemnify, protect, defend, and hold harmless MTDB,
MTD Board members, officers, employees, and agents from and against any and all damages,
liabilities, losses, payments, costs, expenses or expenditures, including, without limitation,
attorneys' fees and court costs (collectively "Losses") incurred thereby resulting, directly or
indirectly, from the failure or invalidity of any of the representations or warranties contained in
Section 4.3 hereof, provided, however, that any Losses caused by the active negligence or willful
misconduct of MTDB shall be excluded from this indemnity obligation.
5. Term
The term of this Agreement will be for so long as either party has any remaining
executory obligations hereunder.
6. Dispute Resolution
In the event of a dispute hereunder, each party agrees to meet and confer with the
other in a good faith effort to resolve it. In the event the parties are unable to reach a resolution of
their dispute after good faith efforts, the parties agree to submit the matter to nonbinding arbitration
in San Diego County, such arbitration to be conducted in accordance with the rules and procedures
of the American Arbitration Association. If the matter is not resolved in arbitration, or if the parties
otherwise agree, either party may pursue any and all other legal or equitable remedies available to
B0223.0-00
enforce their rights hereunder, provided, however, in the event of litigation, each party hereby
waives any and all right to a trial by jury.
7. Attorneys' Fees
If either party commences legal proceedings for any relief against the other party
arising out of this Agreement, the prevailing party shall have the right to recover from the other its
legal costs and expenses, including, but not limited to, reasonable attorneys' fees and costs.
8. Computation of Time Periods
All periods of time referred to in this Agreement shall include all Saturdays, Sundays,
and state or national holidays, unless the period of time specifies business days, provided that if the
date or last date to perform any act or give any notice or approval shall fall on a Saturday, Sunday,
or state or national holiday, such act or notice may be timely performed or given on the next
succeeding day which is not a Saturday, Sunday, or state or national holiday.
9. Entire Agreement
This Agreement, together with all exhibits attached hereto and other agreements
expressly referred to herein, constitutes the entire agreement between the parties with respect to
the subject matter hereof. All prior or contemporaneous agreements, understandings,
representations, warranties, and statements, oral or written, are superseded.
10. Exhibits
reference.
All exhibits referred to herein are attached hereto and incorporated herein by
11. Further Assurances
The parties agree to perform such further acts and to execute and deliver such
additional documents and instruments as may be reasonably required in order to carry out the
provisions of this Agreement and the intentions of the parties.
12. Governing Law
This Agreement shall be governed, interpreted, construed, and enforced in accordance
with the laws of the State of California.
13. Headings
The captions and paragraph headings used in this Agreement are inserted for
convenience of reference only and are not intended to define, limit, or affect the construction or
interpretation of any term or provision hereof.
14. Modification, Waiver
No modification, waiver, amendment, or discharge of this Agreement shall be valid
unless the same is in writing and signed by authorized representatives of both City and MTDB.
-6- B0223.0-00
15. Notice
Notice to either party shall be in writing and either personally delivered, faxed, or sent
by express delivery or certified mail, postage prepaid, return receipt requested, addressed to the
party to be notified at the address specified herein. Any such notice shall be deemed received on
the date of personal delivery to the party (or such party's authorized representative) or five (5)
business days after deposit in the U.S. Mail, as the case may be.
City Address for Notice:
National City Transit
Attn: General Manager
522 West Eighth Street
National City, CA 91950
MTDB Address for Notice:
MTDB
Attn: General Manager
1255 Imperial Avenue, Suite 1000
San Diego, CA 92101
Either party may change its address for notice by delivering written notice to the other
party as provided herein.
16. Time
Time is of the essence for each provision of this Agreement.
(NEXT PAGE IS SIGNATURE PAGE)
-7- B0223.0-00
SIGNATURE PAGE TO:
AGREEMENT FOR TRANSFER AND EXCHANGE OF FEDERAL FUNDS
FOR LOCAL FUNDS FOR THE ACQUISITION OF BUSES
Effective Date: , 1999
IN WITNESS THEREOF, the authorized representatives of both parties have executed this
Agreement on the date specified above.
NATIONAL CITY METROPOLITAN TRANSIT
DEVELOPMENT BOARD
George Waters, Mayor Thomas F. Larwin, General Manager
Attest:
City Clerk
Approved as to form: Approved as to form:
City Counsel Jack Limber, General Counsel
KYarno - AG-NCT.JCODLI
12/7/99
Attachments: Exhibit A, Federal Grant Agreement
Exhibit B, Budget and Schedule
-8- B0223.0-00
EXHIBIT A
UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
FEDERAL TRANSIT ADMINISTRATION
GRANT AGREEMENT
(FTA G-3, October 1, 1996)
Upon execution by the Grantee named below, the U.S. Department of Transportation, Federal
Transit Administration (Federal Government or FTA) and the Grantee have entered into this
Grant Agreement This Grant Agreement covers the Project described below. In addition, the
following documents are incorporated by reference and made part of this Grant Agreement
(1) "Federal Transit Administration Master Agreement," FTA MA(3), October 1, 1998; and (2)
Any Award notification containing special conditions or requirements, if issued.
THE FEDERAL GOVERNMENT MAY WITHDRAW ITS OBLIGATION TO PROVIDE
FINANCIAL ASSISTANCE IF THE GRANTEE DOES NOT EXECUTE THIS GRANT
AGREEMENT WITHIN 90 DAYS AFTER AWARD.
FTA AWARD
FTA hereby awards a Federal grant as follows:
Project Number: CA-90-X793-01
Grantee: Metropolitan Transit Development Board
Designated Recipient San Diego Association of Governments
Citation of Statute(s) Authorizing Project 49 U.S.C. § 5307
Estimated Project Cost FIFTY FOUR MILLION, THREE HUNDRED THOUSAND, EIGHT
HUNDRED DOLLARS ($54,300,800)
Maximum Federal Funds Approved: TWENTY FIVE MILLION, FIVE HUNDRED TWENTY
THREE THOUSAND, NINE HUNDRED SIXTY SEVEN DOLLARS ($25,523,967)
Amount of This Federal Assistance Award: FIVE MILLION, NINE HUNDRED TWENTY FOUR
THOUSAND, FOUR HUNDRED SEVENTY ONE DOLLARS ($5,924,471)
Maximum Percentage(s) of Federal Participation:
80% Capital; 50% Operating; 88.53% CMAQ.
Date of Department of Labor Certification(s)
Original Project
CA-90-X793
CA-90-X793-01
of Transit Employee Protective Arrangements:
Certification Date
April 7, 1997
AUG 2 5 1991-
Proiect Description: See Approved Project Budget
rSEP1C17
Obligation Date
egional Ad
istrator
APPROVAL DATE
09/18/97
APPROVED PROJECT BUDGET
GRANTEE: METROPOLITAN TRANSIT DEVELOPMENT BOARD
RAN DIEGO, CALIFORNIA
GRANT NO.: CA-90-2793-01 BUDGET NO.: 02
SCOPE
111-20 BUS - ROLLING STOCK
QUANTITY: 11
AMEMX
11.12.01
11.12.11
11.12.40
11.12.40
11.12.40
11.12.40
11.12.40
PURCHASE REPLACEMENT BUSES
QUANTITY: 9
SUPPORT VEHICLES
QUANTITY: 2
CATALYTIC REPAIR KITS
TRANSMISSION REBUILDS
ENGINE REBUILDS
CNG FUEL TANKS
BUS SECURITY CAMERAS
FEDERAL AMOUNT
$ 2,626,400
$COPE
111-60 BUS - ROLLING STOCK $
11.16.01 BUS LEASE PAYMENT
(COPS)
11.16.07 S.V. SHUTTLE CAPITAL COSTS
$
SCOPE
111-70 BUS - ROLLING STOCK $
ACTIVITY
11.17.00 BUS OVERHAUL $
APE
114-20 BUS SUPPORT EQUIP/FACILITIES $
SCOPE
113-40 BUS - STATION/STOPS/TERMINALS
11.34.20 BUS STOP SIGNS AND IMPS.
ACTIVITY
11.42.05 K- TANK.INSTALLATION
11.42.05 BUS WASHER
11.42.05 IAD TANK REMOVAL
11.42.06 MISCELLANEOUS EQUIPMENT
11.42.06 OPACITY !INTERS
11.42.08 SOFTWARE UPGRADES
•
1,760,000
48,000
60,000
290,400
160,000
8,000
300,000
2,785,500
2,747,000
38,500
1,064,800
1,064,800
32,000
32,000
1,357,800
160,000
120,000
960,000
40,OU0
10,800
67,000
PAGE 1
TOTAL AMOUNT
$ 3,283,000
2,200,000
60,000
75,000
363,000
200,000
10,000
375,000
3,481,875
3,433,750
48,125
1,331,000
1,331,000
40,000
40,000
1,697,250
200,000
150,000
1,200,000
50,000
13,500
83,750
APPROVAL DATE APPROVED PROJECT BUDGET
09/18/97
GRANTEE: METROPOLITAN TRANSIT DEVELOPMENT BOARD
SAN DIEGO, CALIFORNIA
GRANT NO.: CA-90-X793-01 BUDGET NO.: 02
PAGE 2
FEDERAL AMOUNT Ig L AMOUNT
$COPE
114-40 BUS SUPPORT EQUIP/FACILITIES $ 884,000 $ 1,105,000
acumx
11.42.20 FACILITY $ 772,000 $ 955,000
11.44.02 SBMF BUILDING PROJECTS $ 12,000 $ 15,000
11.44.02 SUP ROOF REPAIR $ 100,000 $ 125,000
$COPE
116-20 BUS -SIGNAL & COMM EQUIPMENT $ 281,200 $ 351,500
11.62.01 SOUTH LINE GRADE XING CONTROLS $ 80,000 $ 100,000
11.62.03 SEC. DISPATCH RADIO CONSOLE $ 8,800 $ 11,000
11.62.03 MOW RADIO CHANNEL $ 92,400 $ 115,500
11.62.20 SDTC TELE ATIS RETROFIT $ 100,000 $ 125,000
ACME
121-20 RAIL - REVENUE ROLLING STOCK $ 1,276,000 $ 1,595,000
12.12.40 LRV TIRES $ 432,000 $ 540,000
12.12.40 LRV ARTICULATED BILLOWS $ 160,000 $ 200,000
12.12.40 LRV COUPLER/DISCONNECT $ 560,000 $ 700,000
12.12.40 LRV BATTERIES $ 124,000 $ 155,000
SCOPE
121-40 RAIL - REVENUE ROLLING STOCK $ 60,000 $ 75,000
QUANTITY: 2
ACTIVITY
12.14.20 LRV REPAINT
QUANTITY: 2
121-70 RAIL - REVENUE ROLLING STOCK $
WEEMIX
12.17.00 VEHICLE OVERHAUL $
$COPE
122-20 RAIL - TRANSIT WAY/LINES $
ACTIVITY
12.22.20 DOWN GUY ANCHOR REPLACEMENT $
60,000 $ 75,000
680,200 $
680,200 $
40,000 $
40,000 $
850,250
850,250
50,000
50,000
APPROVAL DATE APPROVED PROJECT BUDGET
09/18/97
GRANTEE: METROPOLITAN TRANSIT DEVELOPMENT BOARD
SAN DIEGO, CALIFORNIA
GRANT NO.: CA-90-X793-01 BUDGET NO.: 02
FEDERAL AMOUNT
SCOPE
122-40 RAIL - TRANSIT WAY/LINES $ 1,372,000 $ 1,715,000
PAGE 3
TOTAL AMOUNT
ACIUMIX
12.24.03 RAIL/CURVE RBNABILITATION $ 400,000 $ 500,000
12.24.03 SOUTH LINE CROSSOVERS $ 180,000 $ 225,000
12.24.03 DRAINAGE/EMBANK IMPS. $ 44,000 $ 55,000
12.24.03 SY DRAINAGE/RAIL REHAB. $ 280,000 $ 350,000
12.24.03 CURVE STRAIGHTENING $ 228,000 $ 285,000
12.24.03 VINE STREET GRADE %ING. $ 240,000 $ 300,000
,SCOPE
123-20 RAIL - STATION/STOPS TERMINALS $ 177,500 $ 221,875
hCTIVITY
12.32.07 LRT STATION SURVEILLANCE
SYSTEM
12.32.10 STATION SHELTER REPLACE
89,500 $ 111,875
88,000 $ 110,000
SCOPE
123-40 RAIL - STATION/STOPS TERMINALS $ 588,000 $ 735,000
12.34.02 LRT STATION/PARKING IMPS. $ 100,000 $ 125,000
12.34.06 UPGRADE TVMS $ 464,000 $ 500,000
12.34.08 UPGRADE TROLLEY STATION SIGNS $ 24,000 $ 30,000
SCOPE
124-20 RAIL SUPPORT EQUIP/FACILITIES $ 1,332,000 $ 1,665,000
ACTIVITY
12.42.07 SOFTWARE AND HARDWARE $ 120,000 $ 150,000
12.42.09 LRV PASSENGER INTERCOM $ 720,000 $ 900,000
12.42.20 CATENARY OVERHEAD MLA SYS. $ 8,000 $ 10,000
12.42.20 WOOD CHIPPER $ 28,000 $ 35,000
12.42.20 OFFICE EQUIPMENT $ 60,000 $ 75,000
12.42.20 MISCELLANEOUS OPERATION $ 80,000 $ 100,000
CAPITAL
12.42.20 TVM EQUIENENT ENHANCEMENT $ 40,000 $ 50,000
12.42.20 LRV WHEELCHAIR LIFT RETROFIT $ 276,000 $ 345,000
SCOPE
125-40 RAIL ELECTRIFCATION/POWER DIST ..$ _..180,000 $ 475,000
12.54.03 SUBSTATION TRANSF. REBUILD
12.54.20 SUBSTATION CAT. LSO SWITCHES
$ 100,000 $ 125,000
$ 280,000 $ 350,000
APPROVAL DATE
09/18/97
APPROVED PROJECT BUDGET
GRANTEE: METROPOLITAN TRANSIT DEVELOPMENT BOARD
SAN DIEGO, CALIFORNIA
GRANT NO.: CA-90-Z793-01 BUDGET NO.: 02
FEDERAL AMOUNT
$COPE
137-50 NEW START -OTHER CAPITAL ITEMS $ 2,762,136 $ 3,120,000
ACXXIIII
13.75.91 MISSION VALLEY EAST R/W $ 2,762,136 $ 3,120,000
(CMAQ)
PAGE 4
TOTAL AMOUNT
TOTAL CAPITAL $ 17,699,536 $ 21,791,750
SC911
300-90 OPERATING ASSISTANCE $ 7,688,431 $ 32,339,050
ACTIVITY
30.09.00 SDTC OPERATING ASSISTANCE FOR $ 2,370,096 $ 26,332,000
THE PERIOD 7/1/96 THRU 6/30/97
30.09.00 RAIL TRANSIT OPERATIONS (CMAQ) $ 1,645,000 $ 1,858,000
30.09.00 SORRENTO VALLEY SHUTTLE $ 511,000 $ 577,000
OPERATIONS (CMAQ)
30.09.00 RAIL TRANSIT OPERATIONS (CMAQ) $ 3,110,263 $ 3,513,231
FROM 7/1/96 THRU 6/30/98
30.09.00 SORRENTO VALLEY SHUTTLE $ 52,072 $ 58,819
OPERATIONS (CMAQ)
SCOPE
411-30 PLANNING -TECH CLASSIFICATIONS $ 136,000 $ 170,000
ACICIMIX
41.13.01 1-15 CORRIDOR STUDY $ 136,000 $ 170,000
TOTAL $ 25,523,967 $ 54,300,800
ESTIMATED NET PROJECT COST
FEDERAL SHARE
LOCAL SHARE
$OURCES OF FEDERAL FINANCIAL ASSISTANCE
FUNDING UZA: 060190 FUNDING UZA NAME: SAN DIEGO, CA
ACCOUNTING
CLASSIFICATION EEC
97.61.90.AZ.2 09
97.61.90.AZ.2 09
9- ''1.90.91.1 00
9 0.91.1 02
$ 54,300,800
$ 25,523,967
S 28,776,833
PREVIOUSLY AMENDMENT
DESCRIPTION APPROVED --AMUSE- 1=
FY 1997, SEC 9K $ 0 $ 5,924,471 $ 5,924,471
MULTIPLE TYPES
FY 1997, SEC 9K $ 2,156,000 $ 0 $ 2,156,000
MULTIPLE TYPES
FY 1997, SEC 9 $ 13,951,121 $ 0 $ 13,9! 't
CAPITAL
FY 1997, SEC 9 $ 136,000 $ 0 $
PLANNING
APPROVAL DATE
09/18/97
APPROVED PROJECT BUDGET
GRANTEE: METROPOLITAN TRANSIT DEVELOPMENT BOARD
SAN DIEGO, CALIFORNIA
GRANT NO.: CA-90-1793-01 BUDGET NO.: 02
ACCOUNTING
CLASSIFICATION
97.21.90.91.1
96.21.90.91.1
m DESCRIPTION
04 FY 1997, SEC 9
OPERATING
00 FY 1996, SEC 9
CAPITAL
PREVIOUSLY
APPROVED
$ 2,370,096 $
$ 986,279 $
PAGE 5
AMENDMENT
AMOUNT
0 $ 2,370,096
0 $ 986,279
SUB TOTAL: $ 19,599,496 $ 5,924,471 $ 25,523,967
U.S.DEPARTMENT OF TRANSPORTATION
FEDERAL TRANSIT ADMINISTRATION
SUPPLEMENTAL AGREEMENT
(Attachment to FTA G-3, October 1, 1996)
The Federal Transit Administration is required by 49 U.S.C. § 5307 to enter into a formal
agreement with the Designated Recipient for projects the Designated Recipient does not carry out
directly. The Grantee under this Grant Agreement is not the Designated Recipient. Therefore,
the Designated Recipient, in accordance with 49 U.S.C. § 5307, hereby agrees to permit the
Grantee under this Grant Agreement to receive and dispense the Federal assistance funds
described in this Grant Agreement. The Designated Recipient further agrees that the Grantee
shall assume all responsibilities set forth in this Grant Agreement.
The Federal Government and the Grantee under this Grant Agreement hereby agree that the
Designated Recipient is not in any manner subject to or responsible for the terms and conditions
of this Grant Agreement and is a party to this Grant Agreement only to assign the right to receive
and dispense Federal funds to the Grantee as described above.
Au
rized Of
Federal Transit Administration
SEP 1 819§1
Date
Aorized Official Date
Designated Recipient
Authorized Official
Grantee
November 10, 1997
Date
EXECUTION OF GRANT AGREEMENT
This Grant Agreement may be simultaneously executed in several counterparts, each of which
shall be deemed to be an original having identical legal effect. After the FTA Authorized Official
has signed this Grant Agreement, the Grantee should then execute this Grant Agreement.
The Grantee, by executing this Grant Agreement, ratifies and adopts all statements,
representations, warranties, covenants, and materials submitted by it; consents to the Federal
Government's grant award; and agrees to all terms and conditions of this Grant Agreement.
Executed this 10th day of November , 19.97
BY:
Deborah Gunn Thomas F. rarwin
Clerk of the Board General Manager
San Diego Metropolitan
Transit Development Board
TITLE AND ORGANIZATION
San Diego Metropolitan
Transit Development Board
TITLE AND ORGANIZATION
UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
FEDERAL TRANSIT ADMINISTRATION
MASTER AGREEMENT
For Transit Projects financed under Federal transit legislation codified at
49 U.S.C. §§ 5301 et eeq.; under Title 23, U.S.C. (Highways); or under other provisions of
the Intermodal Surface Transportation Efficiency Act of 1991, as amended
FTA MA(3)
October 1, 1996
TABLE OF CONTENTS
Section i. Definitions 1
Section 2. Project Implementation 3
a. Effective Date 3
b. General Requirements 4
c. U.S. DOT Administrative Requirements 4
d. Application of Federal, State, and Local Laws and Regulations 4
e. Recipient's Primary Responsibility for Compliance With Federal
Requirements 5
f. Recipient's Responsibility to Extend Federal Requirements to Other Entities 6
g. No Federal Government Obligations to Third Parties 7 -
h. Changed Conditions of Performance (Including Litigation) 7`"
Section 3. Ethics 7
a. Code of Ethics 7
b. Debarment and Suspension 8
c. Bonus or Commission 8
d. Lobbying Restrictions 8 •
e. Employee Political Activity 8
f. False or Fraudulent Statements or Claims 8
Section 4. Federal Financial Assistance 9
a. "Net Project Cost" 9
b. Other Basis for FTA Participation 9
Section 5. Local Share 9
a. Restrictions on the Source of Local Share 9
b. Duty to Obtain the Local Share 10
c. Calculation of Local Share 10
d. Reduction of Local Share 10
Section 6. Approved Project Budget 10
Section 7. Accounting Records 10
a. Project Accounts 10
b. Funds Received or Made Available for the Project 10
c. Documentation of Project Costs and Program Income 11
d. Checks, Orders, and Vouchers 11
Section 8. Reporting, Record Retention, and Access 11
a. Reports 11
b. Record Retention 11
c. Access to Records 11
d. Project Closeout 11
Section 9. Payments 12
a. Recipient's Request for Payment 12
b. Payment by FTA 12
,�. c. Costs Reimbursed 14
TABLE OF CONTENTS (CONTINUED)
Section 9 d. Bond Interest and Other Financing Costs 15
e. Excluded Costs 15
f. Claims, Excess Payments, and Disallowed Costs (Including Interest) 16
g. De -obligation of Funds 17
Section 10. Project Completion, Non -Federal Audits, Settlement, and Closeout 17
a. Project Completion 17
b. Non -Federal Audits 17
c. Funds Due the Federal Government 18
d. Project Closeout 18
Section 11. Right of the Federal Government to Terminate 18
Section 12. Preference for United States Products and Services 18
a. Buy America 18
b. Cargo Preference 19
c. Fly America. 19
Section 13. Relocation and Land Acquisition 19
Section 14. Seismic Safety 19
Section 15. Procurement 19
a. Federal Standards 19
b. Project ApprovaUThird Party Contract Approval 19
c. ETA Technical Review 19
d. Exclusionary or Discriminatory Specifications 19
e. Bus Seat Specifications 20
f. Use of Federal Supply Schedules 20
g. Preference for Recycled Products 20
h. Geographic Restrictions 20
i. Architectural, Engineering, Design, or Related Services 20
j. Force Account 20
k. Award to Other Than the Lowest Bidder 20
1. Rolling Stock 20
m. Bonding 21
n. Notification of Federal Participation. 21
Section 16. Leases 21
a. .Capital Leases 21
b. Leases Involving Certificates of Participation 21
c. Cross -Border Leases 21
Section 17. Patent Rights 21
a. General 21
b. Federal Rights 22
Section 18. Rights in Data and Copyrights 22
a. Definition 22
b. Federal Restrictions 22 ,.
n
TABLE OF CONTENTS (CONTINUED)
Section 18. c. Federal Rights in Data and Copyrights 22
d. Special Federal Rights for Planning, Research, and Development Projects23
e. Hold Harmless 23
f. Restrictions.on Access to Patent Rights 23
g. Application to Materials. Incorporated into the Project 23
Section 19. Real Property, Equipment, and Supplies 23
a. Use of Property 24
b. General Federal Requirements 24
c. Maintenance 24
d. Records 24
e. Encumbrance of Project Property .. 24
f. Transfer of Project Property 24
g. Disposition of Project Property 24
h. Misused or Damaged Property 25
i. Obligations After Project Closeout 25
Section 20. Insurance 26
a. Insurance During Construction 26
b. Flood Hazards 27
Section 21. Project Management for Major Capital Projects 27
Section 22 Civil Rights 27
a. Prohibitions Against Discrimination in Federal Programs 27
b. Equal Employment Opportunity 27
c. Disadvantaged Business Enterprise 28
d. Access Requirements for Persons with Disabilities 28
Section 23. Employee Protections 29
a.. Construction Activities 29
b. Activities Not Involving Construction 30
c. State and Local Government Employees 30
d. Transit Employee Protective Arrangements 30
Section 24. Planning and Private Enterprise 31
a. FTA Requirements 31
b: Infrastructure Investment. 31
Section 25. Environmental Requirements 31 _.
a..: Environmental Protection 32:
b. Air Quality 32
c. Clean Water 32
d. Use of Public Lands 32-
e. Historic Preservation 32
f. Mitigation of Adverse Environmental Effects 33
Section 26. Energy Conservation 33
Section 27. State Management and Monitoring Systems 33
Section 28.
Section 29.
Section 30.
Section 31.
Section 32.
Section 33.
Section 34.
TABLE OF CONTENTS (CONTINUED)
Charter Service Operations 33
School Transportation Operations 34
Metric System 34
Privacy 34
a. Obtain Consent of Federal Government 34
b. Acknowledgment of Civil and Criminal Penalties 34
Substance Abuse 34
a. Drug Abuse 34
b. Alcohol Abuse 35
State Safety Oversight of Rail Fixed Guideway Public Systems 35
Special Requirements for Formula Assistance Projects for Urbanized Areas .. 35
a. Fares and Services 35
b. Audit Requirements 35
c. Half -Fare Requirements 35
d. Procurement of an Associated Capital Maintenance Product 35
e. Transit Security 36
f. Restrictions on Use of Formula Assistance for Operations 36
g. Reporting Requirements 36
h. Criminal Sanctions 36
Section 35 Special Requirements for Formula Assistance Projects for the Elderly and
Individuals with Disabilities 36
a. Eligible Subrecipients 36
b. State Procedures 36
c. Eligible Project Activities 36
d. Transfer of Assets 37
Section 36. Special Requirements for Formula Assistance Projects for Nonurbanized
Areas 37
a._ State Procedures 37 --
b. Eligible Project Activities 37
c. Transfer of Assets 37
d. Restrictions on Use of Formula Assistance for Operations 37
e.- Intercity Transportation 37
Section 37. Special Requirements for Research, Development, Demonstration, and
Special Studies Projects 37 .
a. _Project Report 37
b. Project Identification 38
Section 38. Special Requirements for a Project Financed through a
State Infrastructure Bank 38
a. General Requirements 38
b. Latest Requirements Apply 38
c. Transit Account Limitation 38 -
iv
TABLE OF CONTENTS (CONTINUED)
Section 38. d. Limitations on Accessing Federal Assistance in Transit Accounts 38
Section 39. Disputes, Breaches, Defaults, or Other Litigation 38
a. Notification to FTA 38
b. Federal Interest in Recovery 39
c. Enforcement 39
d. FTA Concurrence 39
e. Alternative Dispute Resolution 39
Section 40. Amendments to the Project 39
Section 41. Electronic Data Interchange Technology 39
Section 42. Severability 39
v
purposes no later than three (3) days after it receives those funds. If the Recipient fails to expend
those Federal assistance funds within three (3) days of their receipt or return the funds to FTA
within a reasonable period, or fails to establish procedures to minimize the time elapsing between
cash advances and the disbursement, the Federal Government may revoke or temporarily suspend
the Recipient's ECHO Control Number and the Recipient's access to the ECHO System. In
addition to revocation or suspension of the Recipient's ECHO Control Number, a Recipient's
failure to adhere to these requirements may result in other remedies or penalties authorized by
Federal law or regulation.
(b) The Recipient agrees to report its cash disbursements and balances in a timely
manner in compliance with Federal requirements.
(c) The Recipient agrees to provide for control and accountability for all project funds
consistent with Federal requirements and procedures for use of the ECHO system.
(d) The Recipient may not draw down funds for a project in an amount exceeding the
sum obligated by the Federal Government or the current available balance for that Project.
(e) The Recipient agrees to draw down funds only for eligible Project costs.
(f) The Recipient agrees to refrain from drawing down Federal assistance funds before
needed for disbursement.
(g) The Recipient agrees to notify the appropriate Regional or Program Office when a
single draw down will exceed $50 million.
(h) The Recipient agrees to remit interest to the Federal Government on any Federal .
assistance prematurely drawn down, irrespective of whether that Federal assistance has been
deposited in an interest -bearing account. The Recipient agrees that a debt for any premature draw
down of Federal assistance funds does not qualify as a "claim" covered by the Debt Collection Act
of 1982, as amended, 31 U.S.C. §§ 3701 through 3720, and that the interest provisions of this
Subsection 9.b(1)(h) of this Master Agreement, rather than the interest provisions of the Debt
Collection Act of 1982, as amended, will determine the amount of interest due on any debt for
Federal assistance prematurely drawn down. The Recipient agrees that the amount of interest due
depends on whether or not the Recipient is a state or state instrumentality.
1. A Recipient that is also a state or state instrumentality agrees to remit interest to
the Federal Government calculated as required by U.S. Department of Treasury regulations,
"Rules and Procedures for Funds Transfers," 31 C.F.R. Part 205, which implements section 5(b)
of the C:.slt Management Improvement Act of 1990, a amended, 31 U.S.C. § 6503(b). Thus, a
Recipient that also is a state or a state instrumentality agrees that interest on any debt it may incur
for Federal assistance prematurely drawn down does not qualify for the interest exemption of the
Debt Collection Act of 1982, as amended, 31 U.S.C. §§ 3701 and 3717.
:r Agreement FTA MA(3), October 1, 1996 Pifge 1:
2. A Recipient that is not a state or state instrumentality agrees to remit .
prejudgment interest on the debt for any premature draw down of Federal assistance, to the extent
permitted under common law, consist with U.S. General Accounting Office (U.S. GAO) —
U.S. Department ofJustice (U.S. DOS) regulations permitting interest on debts at 4 C.F.R. Part
102, currently 4 C.F.R. § 102.13(i)(2). Accordingly, a Recipient that also is either a local
government or an instrumentality of a local government agrees that interest on any debt it may
incur for Federal assistance prematurely drawn down does not qualify for the interest exemption
for units of general local government within the Debt Collection Act of 1982, as amended,
31 U.S.C. §§ 3701 and 3717.
(2) Requisition. If the requisition method of payment is used, the Recipient understands and
agrees as follows:
(a) Recipient Responsibilities. The Recipient agrees to:
1. Complete and submit the "Payment Information Form - ECHO-ACH Payment
System," Revised 10/92, to FTA's Accounting Division.
2. Complete and submit Standard Form 270, "Request for Advance or
Reimbursement," to the designated FTA office.
(b) FTA Responsibilities. Upon receipt of a payment request and adequate
accompanying information, FTA will authorize payment by direct deposit, provided the Recipient
is in compliance with the obligations of the Grant Agreement or Cooperative Agreement, has
satisfied the FTA that it needs the requested Federal funds during the requisition period, and is
making adequate and timely progress toward Project completion. When all these conditions are
met, the Government may reimburse the Recipient's apparent allowable costs incurred (or to be
incurred during the requisition period) up to the maximum amount of Federal funds payable
through the Federal fiscal year of that requisition, as included in the Approved Project Budget.
c. Costs Reimbursed. The Recipient understands and agrees that Project costs eligible for
Federal participation must comply with all the following requirements:
(1) Conform with the Project Description, the Approved Project Budget, and all other teams
of the Grant Agreement or Cooperative Agreement;
(2) Are nee-- y in order to accomplish the Project;
(3) Are reasonable for the goods or services purchased;
4) Are actual nce costs to the Recipient (Lt., the price paid minus any refunds, rebates, or
other items of value received by the Recipient that have the effect of reducing the cost actually
incurred, excluding program income);
Master Agreement FTA MA(3), October 1, 1996 _ 14
(5) Are incurred for work performed after the date of the Grant Agreement or Cooperative
Agreement, unless specific authorization from the Federal Government to the contrary is received;
(6) Are satisfactorily documented;
(7) Are treated consistently in accordance with accounting principles and procedures
approved by the Federal Government for the Recipient, and with accounting principles and
procedures approved by the Recipient for its contractors;
(8) Are eligible under Federal law, regulation, or guidelines for Federal participation; and
(9) Unless permitted otherwise by Federal statute or regulation, conform with provisions of
the applicable OMB Circular or Federal regulation listed below:
(a) For a Recipient that is a state, local, or Indian tribal government, the standards of
OMB Circular A-87, Revised, "Cost Principles for State and Local Governments," apply;
(b) For a Recipient that is an institution of higher education, the standards of OMB
Circular A-21, Revised, "Cost Principles for Educational Institutions," apply;
(c) For a Recipient that is a private nonprofit organization, the standards of OMB
Circular A 122, Revised, "Cost Principles for Non -Profit Organizations." apply;
(d) For a Recipient that is a for -profit organization, the standards of the Federal
Acquisition Regulation, 48 C.F.R. Chapter I, Subpart 31.2, "Contracts with Commercial
Organizations" apply.
d. Bond Interest and Other Financing Costs. To the extent permitted in writing by FTA, bond
interest and other financing costs are allowable.
e. Excluded Costs. The Recipient understands and agrees as follows:
(1) In determining the amount of Federal assistance FTA will provide, FTA will exclude:
(a) Any Project costs incurred by the Recipient before the Obligation Date of the Grant
Agreement or Cooperative Agreement or Amendment thereto, unless otherwise permitted by
Federal law or regulation, or unless an authorized FTA official states in writing to the contrary,
(b) Any costs incurred by the Recipient that are not included in the latest Approved
Project Budget;
(c) Any costs for goods or services received under a third party contract or other
arrangement required to be, but has not been, concurred in or approved in writing by the Federal
Government; and
Mas cement FTA MA(3), October 1, 1996 Page 15
(d) Any costs ineligible for FTA participation as required by Federal law, regulation, or
guidelines for Federal participation.
(2) The Recipient agrees that reimbursement of any cost made by the Government does not
constitute a final decision of the Federal Government about the whether that cost is eligible for
reimbursement and does not constitute a waiver of any violation by the Recipient of the terms of
the Grant Agreement or Cooperative Agreement. The Recipient acknowledges that the Federal
Government will not make a final determination about the eligibility of any cost until an audit of
the Project has been completed. If the Federal Government determines that the Recipient is not
entitled to receive anypart of the Federal funds requested, the Federal Government will notify the
Recipient stating its reasons. Project closeout will not alter the Recipient's obligation to return
any funds due to the Federal Government as a result of later refunds, corrections, or other
transactions. Nor will Project closeout alter the Federal Government's right to disallow costs and
recover funds on the basis of a later audit or other review. Unless prohibited by law, the Federal
Government may recoup any Federal assistance funds to be made available for the Project as
needed to satisfy any outstanding monetary claims that the Federal Government may have against
the Recipient. Exceptions pertaining to disallowed costs are contained in FTA directives or in
other written Federal guidance.
f. Federal Claims. Excess Payments, and Disallowed Costs (Including Interest).
(1) Recipient's Obligation to Pay. Upon notice by the Federal Government to the Recipient
of specific amounts due, the Recipient agrees to remit to the Federal Government promptly any
amounts due for Federal claims based on funds the Recipient has recovered from third parties or
elsewhere, excess payments, or disallowed costs, including any interest due.
(2) Amount of Interest Due. The Recipient agrees that the amount of interest due depends
on whether the Federal Government treats the principal portion of the debt as a Federal claim or a
debt owed to the Federal Government. Thus, Recipient agrees to pay interest calculated as
follows:
(a) Federal Claims against the Recipient. The Debt Collection Act of 1982, as amended,
31 U.S.C. §§ 3701 through 3720, exempts state governments and units of general local
government from the obligation to pay interest on claims pursued by the Federal Government
under that Act, 31 U.S.C. §§ 3701 and 3717. Interest on claims against other parties will be
calculated in accordance with the interest provisions of U.S. GAO—U.S DOJ regulations,
"Federal Claims Collection Standards," at _4 C.F.R. Part 102, currently 4 C.F.R. § 102.13.
(b) Excess Payments. The Recipient agrees that a debt for any excess payment does not
qualify as a "claim" covered by the Debt Collection Act of 1982, as amended, 31 U.S.C. §§ 3701
through 3720, and that the interest exemption for state governments and units of general local
government provided by that Act will not apply to interest on the debt for excess payments.
Accordingly, a Recipient that also is a state government or a unit of general local government
agrees that interest on any debt for excess payments does not quplify
for the interest exemption provided to state and local governments by 31 U.S.C. §§ 3701 and
1717. Thus, irrespective of whether the Recipient is a state government, a unit of general loc
ster Agreement FTA MA(3), October I, 1996
UNITED STATES DEPARTMENT OF TRANSPORTATION
FEDERAL TRANSIT ADMINISTRATION
MASTER AGREEMENT
This Master Agreement encompasses standard terms and conditions governing the administration
of a Project supported with Federal financial assistance awarded by the Federal Transit
Administration (FTA) through a Grant Agreement or Cooperative Agreement with the Recipient.
This Master Agreement covers Federal financial assistance authorized by Federal transit laws
codified at 49 U.S.C. §§ 5301 et s,_eq.; Title 23, United States Code (Highways); the Intermodal
Surface Transportation Efficiency Act of 1991, as amended; or other Federal enabling laws
administered by FTA. (Pub. L. No. 103-272, July 5, 1994, codified the Federal Transit Act, as
amended, as chapter 53 of title 49 of the United States Code, thus requiring new citations for
Federal transit laws.)
FTA and the Recipient understand and agree that not every requirement within this Master
Agreement will apply to every Recipient or every Project for which FTA provides financial
assistance through a Grant Agreement or Cooperative Agreement. The nature of the Project and
the section of the statute authorizing financial assistance for the Project will determine which
requirements of this Master Agreement apply. Any violation of a requirement within this Master
Agreement applicable to the Recipient or its Project may result in penalties to the violating party,
requirements that do not apply will not be enforced.
Thus, in consideration of the mutual covenants, promises, and representations herein, FTA and
the Recipient agree as follows:
Section 1. Definitions.
a. Application means the signed and dated request for Federal financial assistance, including any
amendment thereto, with all explanatory, supporting, and supplementary documents filed with and
accepted or approved by the FTA by or on behalf of the Recipient.
b. Approval. Authorization_ Concurrence. Waiver means a conscious written statement (whether
transmitted by paper or electronically) by an authorized official of the Federal Government
granting permission to the Recipient to perform or omit an action required pursuant to the Grant
Agreement or Cooperative Agreement, which action may not be performed or omitted without
such permission. UnlEa. clearly stated otherwise, an approval, authorization, concurrence, or
waiver permitting the performance or omission of a specific action does not constitute permission
to -perform or omit other similar actions. Oral permission or interpretations have no legal force or
effect.
Master Agreement FTA MA(3), October 1, 1996 Page 1
c. Approved Proiect Budget means the most recent statement, approved by the FTA, of the
costs of the Project, the maximum amount of Federal assistance for which the Recipient is
currently eligible, the specific tasks (including specifiP . contingencies) covered, and the estimated
cost of each task.
d. Cooperative Agreement means the instrument by which FTA awards Federal assistance to a
specific Recipient to support a particular Project. and in which FTA takes an active role or retains
substantial control, in accordance with 31 U.S.C. § 6305. The Cooperative Agreement consists
of the FTA Award establishing the specific parameters of the Project, an Execution statement
signed by the Recipient, and may include Special Conditions or Special Requirements; in addition,
this Master Agreement is incorporated by reference and made part of the Cooperative Agreement.
e. Federal Government means the United States of America and any executive department or
agency thereof.
f. Federal Transit Administration is the current designation for the former Urban Mass
Transportation Administration. Any reference in any law, map, regulation, document, paper, or
other record of the United States to the Urban Mass Transportation Administration shall be
deemed a reference to the Federal Transit Administration.
g. Federal Transit Administrator is the current designation for the former Urban Mass
Transportation Administrator. Any reference in any law, map, regulation, document, paper, or
other record of the United States to the Urban Mass Transportation Administrator shall be
deemed a reference to the Federal Transit Administrator.
h. FTA is the acronym for the Federal Transit Administration, one of the operating
administrations of the U.S. Department of Transportation (U.S. DOT). FTA replaces the
acronym UMTA.
i. FTA Directive includes any FTA circular, notice, order, or guidance providing information
about FTA's programs, application processing procedures, and Project management guidelines.
In addition to FTA directives, certain U.S. DOT directives also apply to the Project.
j. Grant Agreement means the instrument by which ETA awards Federal assistance to a specific
Recipient to support a particular Project, and in which FTA does not take an active role or retain
substantial control, in accordance with 31 U.S.C. § 6304. The Grant Agreement consists of the
FTA Award establishing the specific parameters of the Project, an Execution section signed by the
Recipient, and may include Special Conditions or Special Requirements; in addition, this Master
Agreement is incorporated by reference and made part of the Grant Agreement.
k. Lo: Government includes a puiilic transit authority as well as a county, municipality, city,
town, township, special district, council of governments (whether or not incorporated as a private
nonprofit organization under state law), regional or interstate government entity, or any agency or
instrumentality thereof. ...11100
Master Agreement FTA MA(3), October 1, 1996 Page 2
I. Project means the task or tasks, listed in the Approved Project Budget, and any modifications
stated in the Conditions to the Grant Agreement or Cooperative Agreement applicable to the
Project. For the formula assistance programs for urbanized areas, for the elderly and persons with
disabilities, and nonurbanized areas, 49 U.S.C. §§ 5307, 5310, and 5311, respectively, the term
"Project" encompasses both "Program" and "each Project within the Program," as the context
may require, to effectuate the requirements of the Grant Agreement or Cooperative Agreement.
m. Recipient means any entity that receives Federal assistance directly from FTA to accomplish
the Project. The term "Recipient" includes each FTA "Grantee" as well as each FTA Recipient of
a Cooperative Agreement. Except as FTA permits otherwise, the Recipient is the entire legal
entity even though only a single organization within that entity is designated as the Recipient in
the Grant Agreement or Cooperative Agreement.
n. Secretary means the U.S. DOT Secretary, including his or her duly authorized designee.
o. Subagreement means an agreement by which a Recipient awards financial assistance derived
from FTA to the subrecipient as defined in Subsection 1.p of this Master Agreement below. The
term "subagreement" also includes the term "subgrant," but does not include "third party
contract" or "third party subcontract."
p. Subrecipient means any entity that receives Federal assistance awarded by an FTA Recipient,
rather than FTA directly. The term "subrecipient" also includes the term "subgrantee," but does
not include "third party contractor" or "third party subcontractor."
q. Third Party Contract means a contract or purchase order awarded by the Recipient or
subrecipient to a vendor or contractor, financed in whole or in part with Federal assistance
awarded by FTA.
r. Third Party Subcontract means a subcontract at any tier entered into by the third party
contractor or third party subcontractor, financed in whole or in part with Federal assistance
originally derived from FTA.
s. Transit means transportation by a conveyance, either publicly or privately owned, that
provides regular and continuing general or special public transportation to the public, but does not
include school bus, charter, or sightseeing transportation. The term "transit" also includes "mass
transportation" and "public transportation."
t. U.S. DOT is the acronym for the United States Department of Transportation, including its
operating administrations.
Section 2. Project Implementation.
a. Effective Date. The effective date of the Grant Agreement or Cooperative Agreement is the
Obligation Date on which the PTA's Authorized Official signs the FTA Awar lie Grant
Master Agreement FTA MA(3), October 1, 1996 Page 3
Agreement or Cooperative Agreement. The effective date of any Amendment is the Obligation
Date on which the PTA's Authorized Official signs the FTA Award for that Amendment.
b. General Requirements. The Recipient agrees to maintain or acquire sufficient legal, financial,
and technical capacity to undertake and complete the Project, and provide for the use of Project
facilities and equipment, in accordance with the terms of the Grant Agreement or Cooperative
Agreement, the Approved Project Budget, the Project schedules, the Recipient's annual
certifications and assurances to FTA, and all applicable Federal laws, regulations, directives, and
published policies. The "Project Description" in the FTA Award section of the Grant Agreement
or Cooperative Agreement describes the Project or Projects to be funded by that Grant
Agreement or Cooperative Agreement. The Federal law or laws authorizing Project approval
identified in the FTA Award section of the Grant Agreement or Cooperative Agreement control
Project implementation.
c. U.S. DOT Administrative Requirements. The Recipient acknowledges that Federal
administrative requirements differ for the various types of entities receiving Federal assistance as
follows:
(1) A state, local or Indian tribal government that is a Recipient agrees to comply with
U.S. DOT regulations, "Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments," 49 C.F.R. Part 18.
(2) An institution of higher education or a nonprofit organization that is a Recipient agrees to
comply with U.S. DOT regulations, "Uniform Administrative Requirements for Grants and
Agreements with Institutions of Higher Education, Hospitals, and Other Non-profit
Organizations," 49 C.F.R. Part 19.
(3) A private for -profit organization that is a Recipient also agrees to comply with the
"Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher
Education, Hospitals, and Other Non-profit Organizations," 49 C.F.R. Part 19.
d. Application of Federal. State. and Local Laws and Regulations.
(1) Federal Laws and Regulations. The Recipient acknowledges that Federal laws,
regulations, policies, and related administrative practices applicable to the Project on the date the
authorized FTA official signs the Grant Agreement or Cooperative Agreement may be modified
from time to time. The Recipient agrees that the most recent of such Federal requirements will
govern the administration of the Project at any particular time, except if FTA issues a written
determination otherwise. Such written determination might take the form of a Special Condition
or Requirement within the Grant Agreement or Cooperative Agreement or a letter signed by the
Federal Transit Administrator, the language of which modifies or otherwise conditions the text of
a particular provision of this Master Agreement. Specifically, new Federal laws, regulations,
policies, and administrative practices may be promulgated after the date when the Recipient
executes the Grant Agreement or Cooperative Agreement, and may, by their terms, apply to that
Grant Agreement or Cooperative Agreement. To achieve complianc ' 4 changing Federal
Master Agreement FTA MA(3), October 1, 1996 Page 4
requirements, the Recipient agrees to include notice in each agreement with each subrecipient and
with each third party contractor under the Project that Federal requirements may change and the
changed requirements will apply to the project as required, unless the Federal Government ..
determines otherwise. All standards or limits within this Master Agreement to be observed in the
performance of the Project are minimum requirements, unless modified by FTA.
(2) State or Territorial Law and Local Law. Except to the extent that a Federal statute or
regulation preempts state or territorial law, nothing in the Grant Agreement or Cooperative
Agreement shall require the Recipient to observe or enforce compliance with any provision
thereof, perform any other act, or do any other thing in contravention of any state, territorial law
or local law; therefore, if any of the provisions of the Grant Agreement or Cooperative
Agreement violate any state, territorial, or local law, or if compliance with the provisions of the
Grant Agreement or Cooperative Agreement would require the Recipient to violate any state,
territorial, or local law, the Recipient agrees to notify FTA immediately in writing to permit FTA
and the Recipient to make appropriate and arrangements to proceed with the Project as quickly as
possible.
e. Recipient's Primary Responsibility for Compliance with Federal Requirements. Irrespective of
participation of other parties in the Project, the Recipient continues to remain responsible to FTA
for compliance with all Federal requirements imposed by Federal statute, regulations, executive
orders, directives, published policies, this Master Agreement, and the Grant Agreement or
Cooperative Agreement for the Project.
(1) Significant Participation by a Third Party Contractor. Although the Recipient may enter
into a third party contract in which the third party contractor agrees to provide property or
services in support of the project, or even carry out Project activities normally performed by the
Recipient (such as in a turnkey contract), the Recipient continues to remain responsible to FTA
for compliance.
(2) Significant Participation by a Subrecipient. Although the Recipient may delegate any or
almost all project responsibilities to one or more subrecipients, the Recipient continues to remain
responsible to FTA for compliance.
(3) Exceptions. The Recipient, however, is relieved of compliance with Federal
responsibilities in the following two circumstances:
(a) when a Designated Recipient of urbanized area formula funds authorized by
49 U.S.C. § 5307 that has entered into a supplemental agreement with FTA and a grantee
covering the Project is not responsible to FTA for compliance with Federal project management
requirements, or
(b) when the Federal Government, through appropriate official action, relieves the
Recipient of a portion of or all responsibility to the Federal Government.
Master Agreement FTA MA(3), October 1, 1996
Page
f. Recipient's Responsibility to Extend Federal Requirements to Other Entities.
(1) Entities Affected. Only signatories to the Grant Agreement or Cooperative Agreement
for the Project are parties to that agreement. To achieve compliance with certain Federal laws,
regulations, or directives, however, other entities participating in the Project, such as
subrecipients and third party contractors will necessarily be affected. Accordingly, the Recipient
agrees to take appropriate measures necessary to ensure compliance by all entities participating in
the Project with those Federal requirements applicable to their performance.
(2) Documents Affected. The extent to which a specific Federal requirement affects entities
participating in the Project is determined by the provisions of the Federal statutes, regulations,
and directives establishing that Federal requirement, as well as the requirements of 49 C.F.R.
Part 18 or 49 C.F.R. Part 19. Accordingly, the Recipient agrees to include provisions adequate to
ensure compliance of participating entities with Federal requirements, and to require its third party
contractors and subrecipients to include in each lower tier subcontract and subagreement financed
in whole or in part with financial assistance provided by FTA under the Grant Agreement or
Cooperative Agreement provisions adequate to impose applicable Federal requirements. Below
are additional requirements
(a) Third Party Contracts. Because Project activities performed by a third party
contractor must be carried out in accordance with Federal requirements, the Recipient agrees to
include appropriate clauses in each third party contract stating the third party contractor's
responsibilities under Federal law, regulation, or directive, including any necessary provisions
requiring the third party contractor to extend applicable requirements to its subcontractors to the
lowest tier ner gary. When the third party contract requires the third party contractor to
undertake primary responsibilities for the Project usually performed by the Recipient directly, the
requirements applicable to the Recipient imposed by this Master Agreement and the Grant
Agreement or Cooperative Agreement for the Project must be included in that third party contract
and extended throughout each tier to the extent appropriate. Additional guidance pertaining to
third party contracting is contained in the FTA Best Practices Procurement Manual. Be aware, -
however, that the FTA Best Practices Procurement Manual focuses mainly on the procurement
process and may omit certain Federal requirements applicable to the work to be performed.
(b) Subagreements. Berenice Project activities performed by a subrecipient must be
carried out in accordance with Federal requirements, the Recipient agrees to include appropriate
clauses in each subagreement stating the subrecipient's responsibilities under Federal law,
regulation, or directive, including any necessary provisions requiring the subrecipient to impose
applicable Federal requirements on entities to the lowest tier necessary. When the subagreement
requires the subrecipient to undertake primary responsibilities for the Project usually performed by
the Recipient directly, the requirements applicable to the Recipient imposed by this Master
Agreement and the Grant Agreement or Cooperative Agreemena for the Project must be included
in that subagreement and extended throughout each tier to the extent appropriate.
Master Agreement FTA MA(3), October 1, 1996 Page 6
g. No Federal Government Obligations to Third Parties. The Recipient agrees that, absent the
Federal Government's express written consent, the Federal Government shall not be subject to any
obligations or liabilities to any 5ubrecipient, any third party contractor, or any other person not a
party to the Grant Agreement or Cooperative Agreement in connection with the performance of
the Project. Notwithstanding any concurrence provided by the Federal Government in or
approval of any solicitation, subagreement, or third party contract, the Federal Government
continues to have no obligations or liabilities to any party, including the subrecipient and third
party contractor.
h. Changed Conditions of Performance (Includintt Litigation). The Recipient agrees to notify
FTA immediately of any change in local law, conditions (such as its legal, financial, or technical
capacity), or any other event that may significantly affect the Recipient's ability to perform the
Project in accordance with the terms of the Grant Agreement or Cooperative Agreement. In
addition, the Recipient agrees to notify FTA immediately of any decision pertaining to the
Recipient's conduct of litigation that may affect the Federal Government's interests in the Project
or the Federal Government's administration or enforcement of Federal laws or regulations.
Before the Recipient may name the Federal Government as a party to litigation for any reason, in
any forum, the Recipient agrees to inform FTA.
Section 3. Ethics.
a. Code of Ethics. The Recipient agrees to maintain a written code or standards of conduct that
shall govern the performance of its officers, employees, board members, or agents engaged in the
award and administration of third party contracts or subagreements supported by Federal
assistance. The code or standards shall provide that the Recipient's officers, employees, board
members, or agents may neither solicit nor accept gratuities, favors, or anything of monetary
value from any present or potential contractor or subrecipient. The Recipient may set minimum -
rules where the financial interest is not substantial, or the gift is an unsolicited item of nominal
intrinsic value. As permitted by state or local law or regulations, the code or standards shall
include penalties, sanctions, or other disciplinary actions for violations by the Recipient's officers,
employees, board members, or their agents, or by contractors or subrecipients or their agents.
(1) Personal Conflicts of Interest. The Recipient's code or standards of conduct shall
prohibit the Recipient's employees, officers, board members, or agents from participating in the .
selection, award, or administration of a third party contract or subagreement supported by Federal
finds if a real or apparent conflict of interest would be involved. Such a conflict would arise
when any of the following parties has a financial or other interest in the entity selected for award:
(a) an employee, officer, board member, or ageht; (b) any member of his or her immediate family,
(c) his or her partner, or (d) an organization that employs, or intends to employ, any of the above.
(2) Organizational Conflicts of Interest. The Recipient's code or standards of conduct must
include procedures for idegtiftg and preventing real and apparent organizational conflicts of
interest. An organizational conflict of interest exists when the nature of the work to be
performed under a proposed third party contract or subagreement may, without some ,..-actions
Matter Agreement FTA MA(3), October 1, 1996
?age 7
on future activities, result in an unfair competitive advantage to the third party contractor or
subrecipient or impair its objectivity in performing the contract work.
b. Debarment and Suspension. The Recipient agrees to comply with the requirements of
Executive Orders Nos. 12549 and 12689, "Debarment and Suspension," 31 U.S.C. § 6101 note,
and U.S. DOT regulations on Debarment and Suspension at 49 C.F.R. Part 29.
c. Bonus or Commission. The Recipient affirms that it has not paid, and agrees not to pay, any
bonus or commission to obtain approval of its Federal assistance application for the Project.
d. Lobbying Restrictions. The Recipient agrees to:
(1) Refrain from using Federal assistance funds to support lobbying, and
(2) Comply with applicable requirements of 31 U.S.C. § 1352 and U.S. DOT regulations,
"New Restrictions on Lobbying," 49 C.F.R. Part 20, modified as necessary by section 10(b) of the
Lobbying Disclosure Act of 1995 (which amends 31 U.S.C. § 1352).
e. Employee Political Activity. To the extent applicable, 5 U.S.C. §§ 1501 through 1508 (Hatch
Act) and Office of Personnel Management regulations, "Political Activity of State or Local
Officers or Employees," 5 C.F.R. Part 151, apply to state and local agencies and their officers and
employees. The Hatch Act restricts the political activity of an individual principally employed by
a state or local executive agency in connection with a program financed in whole or in part by a
Federal loan, grant, or cooperative agreement. However, the Hatch Act does not apply to a
nonsupervisory employee of a transit system (or of any other agency or entity performing related
functions) receiving FTA assistance to whom the Hatch Act does not otherwise apply.
f. False or Fraudulent Statements and Claims. The Recipient acknowledges and agrees as
follows:
(1) The Recipient acknowledges that the requirements of the Program Fraud Civil Remedies
Act of 1986, as amended, 31 U.S.C. §§ 3801 gggq. and U.S. DOT regulations, "Program Fraud
Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to the Project. Accordingly, by
signing the Grant Agreement or Cooperative Agreement, the Recipient certifies or affirms the
truthfulness and accuracy of any statement it has made, it makes, or it may make pertaining to the
covered by the Grant Agreement or Cooperative Agreement. In addition to other penalties that
may be applicable, the Recipient also acknowledges that if it makes a false, fictitious, or
fraudulent claim, statement, submission, or certification, the Federal Government reserves the
right to impose the penalties of the Program Fraud Civil Remedies Act of 1986, as amended, on
the Recipient to the extent the Federal Government deems appropriate.
(2) The Recipient also acknowledges that if it makes a false, fictitious, or fraudulent claim,
statement, submission, or certification to the Federal Government in connection with an urbanized
area formula project financed with Federal Agsimance authorized by 49 U.S.C. § 5307, the
Master Agreement FTA MA(3), October 1, 1996 Page 8
Government reserves the right to impose on the Recipient the penalties of 18 U.S.C. § 1001 and
49 U.S.C. § 5307(nX1), to the extent the Federal Government deems appropriate.
Section 4. Federal Financial Assistance.
The Recipient acknowledges and agrees that FTA will provide Federal financial assistance for the
Project equal to the smallest of the following amounts: (a) the maximum amount permitted by
Federal law and regulations, (b) the amount designated in the Grant Agreement or Cooperative
Agreement as "Maximum Federal Funds Approved," or (c) the amount calculated in accordance
with the "Maximum Percentage(s) of Federal Participation," included in the Grant Agreement or
Cooperative Agreement. FTA's obligation to make Federal assistance payments is limited to the
amounts included in the Approved Project Budget. The amount forming the basis upon which
FTA determines the "Maximum Federal Funds Approved" is identified as "Estimated Project
Cost" and is included in the Grant Agreement and the Cooperative Agreement.
a. "Net Project Cost". For any Project required by FTA or Federal law to be financed on the
basis of its "Net Project Cost" as defined by 49 U.S.C. § 5302(a)(8), FTA intends to assist the
Recipient in financing that portion of the Project that cannot reasonably be financed from the
Recipient's revenues, i.e., "Net Project Cost" of the Project. Accordingly, the amount listed as
"Estimated Project Cost" in the Grant Agreement or Cooperative Agreement and "Project Cost"
within FTA's electronic grant making system will be the Net Project Cost.
b. Other Basis for FTA Participation. For any project not required by FTA or Federal law to be
financed on the basis of its "Net Project Cost" as defined by 49 U.S.C. § 5302(a)(8), FTA intends
to assist the Recipient in financing all or part of the cost of the Project. Accordingly, the amount
listed as "Estimated Project Cost" in the Grant Agreement or Cooperative Agreement or "Project
Cost" within FTA's electronic grant making system will be the Cost of the Project or part of the
Project on which FTA calculates the amount of Federal assistance to award.
Section 5. Local Share.
If FTA requires the Recipient to provide a local share for the Project financed under the Grant
Agreement or Cooperative Agreement, the Recipient agrees as follows:
a. Restrictions on the Source of Local Share. Except as permitted otherwise by Federal law, the
Recipient agrees to provide sufficient funds or approved in -kind resources that, together with the
Federal financial assistance awarded, will assure payment of the actual cost of each project
covered by the Grant Agreement or Cooperative Agreement. The Recipient agrees that no funds
provided will be derived from receipts from using the Project facilities or equipment revenues of
the transit system in which such facilities or equipment are used; or other Federal funds.
•
Master Ament FfA MA(3). October 1, 19% 9
b. Duty to Obtain Local Share. Except as otherwise approved by FTA, the Recipient agrees to
complete all proceedings necessary to provide the local share of the Project costs at or before the
time those funds are needed to meet Project expenses.
c. Calculation of Local Share. The Recipient agrees that the local share will be calculated on a
project -by -project basis for each project covered by the Grant Agreement or Cooperative
Agreement.
d. Reduction of Local Share. The Recipient further agrees that a refund or reduction of the local
share may be made only if a refund of a proportional amount of the Federal financial assistance is
made to the Federal Government at the same time, unless the Federal Government expressly
approves otherwise in writing.
Section 6. Approved Project Budget.
The Recipient agrees to prepare project budget which, upon approval by FTA, is referred to as
the Approved Project Budget. Any amendment awarding additional Federal financial assistance
requires a new Approved Project Budget. The Approved Project Budget may also be revised as
permitted by and in conformance with applicable Federal requirements. An amendment to the
Approved Project Budget shall require the issuance of a formal amendment to the Grant
Agreement or Cooperative Agreement, except that a re -allocation of funds among budget items
or fiscal years that does not increase the total amount of the Federal financial assistance awarded
may be made in accordance with applicable Federal circulars and regulations. The Recipient
agrees to incur obligations and make disbursements of Project funds only as authorized in the
latest Approved Project Budget. The latest Approved Project Budget is incorporated herein by
reference and made part the Grant Agreement or Cooperative Agreement for the Project.
Section 7. Accounting Records.
a. Project Accounts. The Recipient agrees to establish and maintain for the Project either a
separate set of accounts, or separate accounts within the framework of an established accounting
system that can be identified with the Project, in accordance with 49 C.F.R. § 18.20 or 49 C.F.R.
§ 19.21, whichever is applicable. The Recipient agrees that all checks, payrolls, invoices,
contracts, vouchers, orders, or other accounting documents related in whole or in part to the
Project shall be clearly identified, readily accessible and available to FTA upon its request, and, to
the extent feasible, kept separate from documents not related to the Project.
b. Funds Received or Made Available for the Project. The Recipient agrees to record in the
Project Account, and deposit in a financial institution, all Project payments it receives from the
Federal Government pursuant to the Grant Agreement or Cooperative Agreement and all other
funds provided for, accruing to, or otherwise received on account of the Project (project funds) in
accordance with applicable provisions of49iC.F.R. § 18.21 or 49 C.F.R. § 19.22. The Recipient
is encouraged to use financial institutions owned at least 50 percent by minority g aembers.
Master Agn meat FTA MA(3), October 1, 1996 Page 10
c. Documentation of Project Costs and Program Income. All costs charged to the Project,
including any approved services contributed by the Recipient or others, shall be supported by
- properly executed payrolls, time records, invoices, contracts, or vouchers describing in -at -tail the
nature and propriety of the charges. The Recipient also agrees to maintain accurate records of all
program income derived from implementation of the Project; this requirement, however, does not
apply to certain Recipient income determined by FTA to be exempt from the general program
income requirements.
d. Checks. Orders. and Vouchers. The Recipient agrees to refrain from drawing checks or
orders for goods or services to be charged against the Project Account until it has on file in its
office a properly signed voucher describing in proper detail the purpose of the expenditure.
Section 8. Reporting . Record Retention. and Access.
a. Reports. The Recipient agrees as follows:
(1) General Requirements. The Recipient agrees to provide to FTA those reports required by
U.S. DOT's administrative rules for grants and cooperative agreements and any other reports the
Federal Government may require.
(2) Format Requirements. All reports and other documents or information intended for
public availability developed under the Project and required to be submitted to FTA must be
prepared and submitted in the format or formats FTA specifies.
b. Record Retention. The Recipient agrees that, during the course of the Project and for three
years thereafter, it will maintain intact and readily accessible all data, documents, reports, records,
contracts, and supporting materials relating to the Project as the Federal Government may require
for the Project.
c. Access to Records. Upon request, the Recipient agrees to permit and require its
Subrecipients to permit the Secretary of Transportation and the Comptroller General of the
United States, or their authorized representatives, to inspect all Project work, materials, payrolls,
and other data, and to audit the books, records, and accounts of the Recipient and its contractors
pertaining to the Project. In accordance with.49 U.S.C. § 5325(a), the Recipient agrees to
require each third party contractor whose contract award is not based on competitive bidding
procedures as defined by the Secretary of Transportation to permit the Secretary of
Transportation and the Comptroller General of the United States, or their duly authorized
representatives, to inspect all work, materials, payrolls, and other data and records involving that
third party contract and to audit the books, records, and accounts involving that third party
contract as it affects the Project.
d. Project Closeout. Project closeout does not alter these reporting and record retention
requirements.
faster Agreement FTA MA(3), October 1, 1996 Pag
Section 9. Payments.
The Reciricat agrees that it will not seek payment from FTA for Project costs until it has first
executed the Grant Agreement or Cooperative Agreement providing Federal assistance for the
Project.
a. Recipient's Request for Payment. FTA will respond to the Recipient's request for the Federal
share payment of its allowable costs in accordance with the procedures described in this Section.
To receive a Federal assistance payment, the Recipient must:
(1) Have demonstrated or certified that it will provide adequate local funds, when combined
with Federal payments, to cover all costs to be incurred for the Project. Unless the Federal
Government has expressly permitted the Recipient to defer provision of the local share, a
Recipient required by Federal statute or the Grant Agreement or Cooperative Agreement to
provide a local share agrees to refrain from:
(a) Requesting or obtaining Federal funds exceeding the amount justified by the local
share previously provided, and
(b) Taking any action that would cause the proportion of Federal funds made available
to the Project at any time to exceed the percentage authorized by the Grant Agreement or
Cooperative Agreement;
(2) Have submitted to FTA all financial and progress reports required to date by this Master
Agreement; and
(3) Have identified the source(s) of financial assistance provided for the Project from which
the payment is to be derived.
b. Payment by FTA. The Recipient understands and agrees that FTA will make all payments by
the Automated Clearing House (ACH) method of payment, regardless of the amount involved..
(1) Electronic Clearing House Operation Payments. If payment is made through the
Electronic Clearinghouse Operation (ECHO) by means of an ECHO Control Number, the
Recipient agrees to comply with FTA's ECHO requirements established pursuant to U.S.
Department of the Treasury Circular 1075, Part 205, "Withdrawal of Cash from the Treasury for
Advances Under Federal Grants and Other Programs," the "Guidelines for Disbursements"
included in the ECHO System Operations Manual used for FTA projects, and the requirements of
this Subsection 9.b(1). The Recipient also agrees that if it fails to comply with the following
requirements of this Subsection 9.b(1), the Federal Government may revoke the unexpended
portion of Federal assistance awarded for the Project.
(a) The Recipient may draw down cash only when actually needed for immediate
disbursement required for Project purposes. Unless provided otherwise by Federal law or
regulation, the Recipient agrees to expend all Federal funds obtained under the Proje • Project
Master Agreement FTA MA(3), October 1, 1996 Page 12
purposes no later than three (3) days after it receives those funds. If the Recipient fails to expend
those Federal assistance funds within three (3) days of their receipt or return the funds to FTA
within a reasonable period, or fails to establish procedures to minimize the time elapsing between
cash advances and the disbursement, the Federal Government may revoke or temporarily suspend
the Recipient's ECHO Control Number and the Recipient's access to the ECHO System. In
addition to revocation or suspension of the Recipient's ECHO Control Number, a Recipient's
failure to adhere to these requirements may result in other remedies or penalties authorized by
Federal law or regulation.
(b) The Recipient agrees to report its cash disbursements and balances in a timely
manner in compliance with Federal requirements.
(c) The Recipient agrees to provide for control and accountability for all project funds
consistent with Federal requirements and procedures for use of the ECHO system.
(d) The Recipient may not draw down funds for a project in an amount exceeding the
sum obligated by the Federal Government or the current available balance for that Project.
(e) The Recipient agrees to draw down funds only for eligible Project costs.
(f) The Recipient agrees to refrain from drawing down Federal assistance funds before
needed for disbursement.
(g) The Recipient agrees to notify the appropriate Regional or Program Office when a
single draw down will exceed $50 million.
(h) The Recipient agrees to remit interest to the Federal Government on any Federal
assistance prematurely drawn down, irrespective of whether that Federal assistance has been
deposited in an interest -bearing account. The Recipient agrees that a debt for any premature draw
down of Federal assistance fiords does not qualify as a "claim" covered by the Debt Collection Act
of 1982, as amended, 31 U.S.C. §§ 3701 through 3720, and that the interest provisions of this
Subsection 9.b(1)(h) of this Master Agreement, rather than the interest provisions of the Debt
Collection Act of 1982, as amended, will determine the amount of interest due on any debt for
Federal assistance prematurely drawn down. The Recipient agrees that the amount of interest due
depends on whether or not the Recipient is a state or state instrumentality.
1. A Recipient that is also a state or state instrumentality agrees to remit interest to
the Federal Government calculated as required by U.S. Department of Treasury regulations,
"Rules and Procedures for Funds Transfers," 31 C.F.R. Part 205, which implements section 5(b)
of the C:..;h Management Improvement Act of 1990, s amended, 31 U.S.C. § 6503(b). Thus, a
Recipient that also is a state or a state instrumentality agrees that interest on any debt it may incur
for Federal assistance prematurely drawn down does not crin11 y for the interest exemption of the
Debt Collection Act of 1982, as amended, 31 U.S.C. §§ 3701 and 3717.
;r Agreement FTA MA(3), October 1, 1996 Pige 1.
2. A Recipient that is not a state or state instrumentality agrees to remit -
prejudgment interest on the debt for any premature draw down of Federal assistance, to the extent
permitted under common law, consist:.- : with U.S. General Accounting Office (U.S. GAO) —
U.S. Department of Justice (U.S. DOJ) regulations permitting interest on debts at 4 C.F.R. Part
102, currently 4 C.F.R. § 102.13(i)(2). Accordingly, a Recipient that also is either a local
government or an instrumentality of a local government agrees that interest on any debt it may
incur for Federal assistance prematurely drawn down does not qualify for the interest exemption
for units of general local government within the Debt Collection Act of 1982, as amended,
31 U.S.C. §§ 3701 and 3717.
(2) Requisition. If the requisition method of payment is used, the Recipient understands and
agrees as follows:
(a) Recipient Responsibilities. The Recipient agrees to:
1. Complete and submit the "Payment Information Form - ECHO-ACH Payment
System," Revised 10/92, to FTA's Accounting Division.
2. Complete and submit Standard Form 270, "Request for Advance or
Reimbursement," to the designated FTA office.
(b) FTA Responsibilities. Upon receipt of a payment request and adequate
accompanying information, FTA will authorize payment by direct deposit, provided the Recipient
is in compliance with the obligations of the Grant Agreement or Cooperative Agreement, has
satisfied the FTA that it needs the requested Federal funds during the requisition period, and is
making adequate and timely progress toward Project completion. When all these conditions are
met, the Government may reimburse the Recipient's apparent allowable costs incurred (or to be
incurred during the requisition period) up to the maximum amount of Federal funds payable
through the Federal fiscal year of that requisition, as included in the Approved Project Budget.
c. Costs Reimbursed. The Recipient understands and agrees that Project costs eligible for
Federal participation must comply with all the following requirements:
(1) Conform with the Project Description, the Approved Project Budget, and all other terms
of the Grant Agreement or Cooperative Agreement;
(2) Are necessary in order to accomplish the Project;
(3) Are reasonable for the goods or services purchased;
(4) Are actual ncc costs to the Recipient (L. the price paid minus any refunds, rebates, or
other items of value received by the Recipient that have the effect of reducing the cost actually
incurred, excluding program income);
Master Agreement FrA MA(3), October 1, 1996
......_ •.:_14
(5) Are incurred for work performed after the date of the Grant Agreement or Cooperative
Agreement, unless specific authorization from the Federal Government to the contrary is received;
(6) Are satisfactorily documented;
(7) Are treated consistently in accordance with accounting principles and procedures
approved by the Federal Government for the Recipient, and with accounting principles and
procedures approved by the Recipient for its contractors;
(8) Are eligible under Federal law, regulation, or guidelines for Federal participation; and
(9) Unless permitted otherwise by Federal statute or regulation, conform with provisions of
the applicable OMB Circular or Federal regulation listed below:
(a) For a Recipient that is a state, local, or Indian tribal government, the standards of
OMB Circular A-87, Revised, "Cost Principles for State and Local Governments," apply;
(b) For a Recipient that is an institution of higher education, the standards of OMB
Circular A-21, Revised, "Cost Principles for Educational Institutions," apply;
(c) For a Recipient that is a private nonprofit organization, the standards of OMB
Circular A 122, Revised, "Cost Principles for Non -Profit Organizations." apply;
(d) For a Recipient that is a for -profit organization, the standards of the Federal
Acquisition Regulation, 48 C.F.R. Chapter I, Subpart 31.2, "Contracts with Commercial
Organizations" apply.
d. Bond Interest and Other Financing Costs. To the extent permitted in writing by FTA, bond
interest and other financing costs are allowable.
e. Excluded Costs. The Recipient understands and agrees as follows:
(1) In determining the amount of Federal assistance FTA will provide, FTA will exclude:
(a) Any Project costs incurred by the Recipient before the Obligation Date of the Grant
Agreement or Cooperative Agreement or Amendment thereto, unless otherwise permitted by
Federal law or regulation, or unless an authorized FTA official states in writing to the contrary;
(b) Any costs incurred by the Recipient that are not included in the latest Approved
Project Budget;
(c) Any costs for goods or services received under a third party contract or other
arrangement required to be, but has not been, concurred in or approved in writing by the Federal
Government; and
cement FTA MA(3), October 1, 1996 Page 15
(d) Any costs ineligible for FTA participation as required by Federal law, regulation, or
guidelines for Federal participation.
(2) The Recipient agrees that reimbursement of any cost made by the Government does not
constitute a final decision of the Federal Government about the whether that cost is eligible for
reimbursement and does not constitute a waiver of any violation by the Recipient of the terms of
the Grant Agreement or Cooperative Agreement. The Recipient acknowledges that the Federal
Government will not make a final determination about the eligibility of any cost until an audit of
the Project has been completed. If the Federal Government determines that the Recipient is not
entitled to receive anypart of the Federal funds requested, the Federal Government will notify the
Recipient stating its reasons. Project closeout will not alter the Recipient's obligation to return
any funds due to the Federal Government as a result of later refunds, corrections, or other
transactions. Nor will Project closeout alter the Federal Government's right to disallow costs and
recover funds on the basis of a later audit or other review. Unless prohibited by law, the Federal
Government may recoup any Federal assistance funds to be made available for the Project as
needed to satisfy any outstanding monetary claims that the Federal Government may have against
the Recipient. Exceptions pertaining to disallowed costs are contained in FTA directives or in
other written Federal guidance.
f. Federal Claims. Excess Payments, and Disallowed Costs (Including Interest).
(1) Recipient's Obligation to Pay. Upon notice by the Federal Government to the Recipient
of specific amounts due, the Recipient agrees to remit to the Federal Government promptly any
amounts due for Federal claims based on funds the Recipient has recovered from third parties or
elsewhere, excess payments, or disallowed costs, including any interest due.
(2) Amount of Interest Due. The Recipient agrees that the amount of interest due depends
on whether the Federal Government treats the principal portion of the debt as a Federal claim or a
debt owed to the Federal Government. Thus, Recipient agrees to pay interest calculated as
follows:
(a) Federal Claims against the Recipient. The Debt Collection Act of 1982, as amended,
31 U.S.C. §§ 3701 through 3720, exempts state governments and units of general local
government from the obligation to pay interest on claims pursued by the Federal Government
under that Act, 31 U.S.C. §§ 3701 and 3717. Interest on claims against other parties will be
calculated in accordance with the interest provisions of U.S. GAO—U.S DOJ regulations,
"Federal Claims Collection Standards," at _4 C.F.R. Part 102, currently 4 C.F.R. § 102.13.
(b) Excess Payments. The Recipient agrees that a debt for any excess payment does not
qualify as a "claim" covered by the Debt Collection Act of 1982, as amended, 31 U.S.C. §§ 3701
throu3h 3720, and that the interest exemption for state governments and units of general local
government provided by that Act will not apply to interest on the debt for excess payments.
Accordingly, a Recipient that also is a state government or a unit of general local government
agrees that interest on any debt for excess payments does not gtwAlify
for the interest exemption provided to state and local governments by 31 U.S.C. §§ 3701 and
1717. Thus, irrespective of whether the Recipient is a state government, a unit of general loc
i=44
ster Agreement FTA MA(3), October 1, 1996
government, a nonprofit organization, an institution of higher education, an individual, or any
other party, the Recipient agrees to pay prejudgment interest and related charges for excess
payments made by the Federal Government, to the extent authorized under common law,
consistent with provisions permitting interest on debts at 4 C.F.R. Part 102, currently at
4 C.F.R. § 102.13(i)(2).
(c) Disallowed Costs. The Recipient agrees that a debt for any disallowed cost does not
qualify as a "claim" covered by the Debt Collection Act of 1982, as amended, 31 U.S.C. §§ 3701
through 3720, and that the interest exemption for state governments and units of general local
government provided by that Act will not apply to interest on the debt for the disallowed cost.
Accordingly, a Recipient that also is a state government or a unit of general local government
agrees that interest on any debt for a disallowed cost does not qualify for the interest exemption
provided to state and local governments by 31 U.S.C. §§ 3701 and 3717. Thus, irrespective of
whether the Recipient is a state government, a unit of general local government, a nonprofit
organization, an institution of higher education, an individual, or any other party, the Recipient
agrees to pay prejudgment interest and related charges for debts for each disallowed cost paid by
the Federal Government, to the extent authorized under common law, consistent with provisions
permitting interest on debts at 4 C.F.R. Part 102, currently at
4 C.F.R. § 102.13(1X2).
g. De -obligation of Funds. The Federal Government reserves the right to de -obligate
unexpended Federal funds before Project closeout.
Section 10. Project Completion. Audit. Settlement. and Closeout.
a. Project Completion. Within ninety (90) days of the Project completion date or termination by
the Federal Government, the Recipient agrees to submit a final Fmancial Status Report
(Standard Form 269), a certification or summary of Project expenses, and third party audit
reports, as applicable.
b. Non -Federal Audits. The Recipient acknowledges and agrees as follows:
(1) Audit Required. Each state, local, or Indian tribal government that is a Recipient agrees
to undertake the audits required by 49 C.F.R § 18.26 and OMB Circular A-128, "Audits of State
and Local Governments," or any revision or supplement thereto. Each institution of higher
education, a private nonprofit organization, or a private for -profit organization that is a Recipient
agrees to undertake the audits required by 49 C.F.R. § 19.26 and OMB Circular A-133, "Audits
of Institutions of Higher Education and Other Non -Profit Institutions," and any further revision or
supplement thereto. The Federal Government may waive the O'ivn3 Circular A 128 audit
requirement or substitute a requirement for a project audit performed in accordance with the U.S.
Comptroller General's standards. In addition, the Recipient agrees to obtain any other audits
required by the Federal Government. Project closeout will not alter the Recipient's audit
responsibilities.
ETA Mfrs\ fletnMT 1 1QQ4
Paste 17
(2) Audit Costs. Audit costs for Project administration and management are allowable
Project costs to the extent authorized by OMB Circular A-87, Revised; OMB Circular A-21,
Re :i cd; or OMB Circular A-122, Revised.
c. Funds Due the Federal Government. The Recipient agrees to remit any amounts due the
Federal Government to the Recipient has recovered from third parties, excess payments, or
disallowed costs, or from other sources including interest required by Subsection 91(2)(b) of this
Master Agreement.
d. Project Closeout. Project closeout occurs when the ETA notifies the Recipient the Project is
closed out, and either forwards the final Federal assistance payment or acknowledges that the
Recipient has remitted the proper refund. The Recipient agrees that Project closeout does not
invalidate any continuing obligations imposed on the Recipient by the Grant Agreement or
Cooperative Agreement or by the Federal Government's final notification or acknowledgment.
Section 11. Right of the Federal Government to Terminate.
Upon written notice, the Recipient agrees that the Federal Government may suspend or terminate
all or part of the Federal financial assistance provided herein if the Recipient has violated the
terms of the Grant Agreement or Cooperative Agreement, or if the Federal Government
determines that the purposes of the statute under which the Project is authorized would not be
adequately served by continuation of Federal financial assistance for the Project. Any failure to
make reasonable progress on the Project or other violation of the Grant Agreement or
Cooperative Agreement that endangers substantial performance of the Project shall provide
sufficient grounds for the Federal Government to terminate the Grant Agreement or Cooperative
Agreement. Termination of any Federal financial assistance for the Project will not invalidate
obligations properly incurred by the Recipient before the termination date, to the extent those
obligations cannot be canceled. However, if the Federal Government determines that the
Recipient has willfully misused Federal assistance funds by falling to make adequate progress,
failing to make reasonable and appropriate use of the Project real property, facilities, or
equipment, or failing to adhere to the terms of the Grant Agreement or Cooperative Agreement,
the Federal Government reserves the right to require the Recipient to refund the entire amount of
Federal funds provided for the Project or any lesser amount as the Federal Government may
determine. Expiration of any Project Time Period established for the Project does not, by itse1f
constitute an expiration or termination of the Grant Agreement or Cooperative Agreement.
Section 12. Preference for United States Products and Services.
To the extent applicable, the Recipient agrees to comply with the following U.S. preferences:
a. Buy America. The Recipient agrees to comply with 49 U.S.C. § 5323(j), FTA's Buy America
regulations at 49 C.F.R. Part 661, and any implementing guidance FTA may issue.
=-z �r Agreement FFA MA(3), October 1, 19%
Page U.
b. Cargo Preference —Use of United States -Flag Vessels. The Recipient agrees to comply with
U.S. Maritime Administration regulations, "Cargo Preference—U.S.-Flag Vessels," 46 C.F.R.
Part 381, to the extent those regulations apply to the Project.
c. Fly America. The Recipient understands and agrees that the Federal Government will not
participate in the costs of international air transportation of any persons involved in or property
acquired for the Project unless that air transportation is provided by U.S.-flag air carriers to the
extent service by these carriers is available, as required by the International Air Transportation
Fair Competitive Practices Act of 1974, as amended, 49 U.S.C. § 40118, in accordance with U.S.
GAO regulations, "Uniform Standards and Procedures for Transportation Transactions,"
4 C.F.R. Part 52, and U.S. GAO Guidelines for Implementation of the "Fly America Act,"
B-138942, 1981 U.S. Comp. Gen. LEXIS 2166, March 31, 1981.
Section 13. Relocation and Land Acquisition.
The Recipient agrees to comply with the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, as amended, 42 U.S.C. §§ 4601 et gm.; and U.S. DOT
regulations, "Uniform Relocation and Real Property Acquisition for Federal and Federally
Assisted Programs," 49 C.F.R. Part 24.
Section 14. Seismic Safety.
The Recipient agrees to apply the requirements of U.S. DOT regulations applicable to seismic
safety requirements for U.S. DOT assisted construction projects at 49 C.F.R. Part 41,
(specifically, 49 C.F.R. § 41.117), and any implementing guidelines FTA may issue.
Section 15. Procurement.
a. Federal Standards. The Recipient agrees to comply with applicable Procurement Standards of
49 C.F.R § 18.36 or 49 C.F.R. §§ 19.40 through 19.48 and Appendix A; and with supplementary
regulations and directives, particularly FTA Circular 4220.1D, "Third Party Contracting
Requirements." The FTA Best Practices Procurement Manual contains additional guidance.
b. Project Approval/Third Party Contract Approval. Unless stated otherwise in writing, FTA's
approval of the Project does not constitute pre -approval of any non-competitive third party
contract awards associated therewith.
c. FTA Technical Review. If determined necessary for proper Project administration, FTA
reserves the right to review the Recipient's technical specifications and requirements.
d. Exclusionary or Discriminatory Specifications. Apart from inconsistent requirements imposed
by Federal . -ite or regulations, the Recipient agrees that it will comply with the requirements of
Master Agree . TA MA(3), October 1, 1996 Page 19
49 U.S.C. § 5323(h)(2) by refraining from using any Federal assistance awarded by FTA to
support procurements using exclusionary or discriminatory specifications.
e. Bus Seat Specifications. A State or local government recipient may use specifications
conforming with the requirements of 49 U.S.C. § 5323(e) to acquire bus seats.
f. Use of Federal Supply Schedules. In accordance with 40 C.F.R. § 481(b) and any
implementing regulations or guidance GSA, U.S. DOT, or FTA may promulgate, state, local, and
certain nonprofit Recipients may use a Federal supply schedule in making third party acquisitions.
g. Preference for Recycled Products. To the extent practicable and economically feasible, the
Recipient agrees to provide a competitive preference for products and services that conserve
natural resources and protect the environment and are energy efficient. Examples of such
products may include, but are not limited to products described in U.S. Environmental Protection
Agency (U.S. EPA) guidelines at 40 C.F.R. Parts 247-253, which implement section 6002 of the
Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6962.
h. Geographic Restrictions. The Recipient agrees to refrain from using state or local geographic
preferences, except those expressly mandated or encouraged by Federal statute, and as permitted
by FTA, such as stated in Subsection 15.i of this Master Agreement below.
i. Architectural. Engineering. Design. or Related Services. In acquiring architectural,
engineering, or related services, the Recipient agrees to comply with the requirements of 49
U.S.C. § 5325(d), by contracting for architectural, engineering, design or related services in the
same way as a contract for architectural and engineering services is negotiated under title IX of
the Federal Property and Administrative Services Act of 1949, as amended, 40 U.S.C. §§ 541 It_
sew., or an equivalent qualifications -based requirement of the state. Provided a sufficient number
of qualified firms are eligible to compete for the third party contract, geographic location may be a
selection criterion. This section does not apply to the extent a state has adopted or adopts by law
formal procedures for procuring those services.
j. Force Account. The Recipient agrees that FTA may determine the extent to which Federal
assistance may be used to participate in force account costs.
k. Award to Other Than the Lowest Bidder.. In accordance with 49 U.S.C. § 5326(c), a
Recipient may award a third party contract to other than the lowest bidder in connection with a
procurement, when such award furthers objectives consistent with the purposes of 49 U.S.C.
chapter 53 and any implementing regulations, circulars, manuals, or other guidance FTA may
issue.
1. Rolling Stock. In acquiring rolling stock, the Recipient agrees as follows:
(1) Method of Acquisition. The Recipient may acquire rolling stock by awarding the third
party contract based on: (a) a competitive procurement process, (b) the initial capital cost of the
rr
Mast. ...�reement FTA MA(3), October 1, 1996 Page 20
rolling stock, or (c) the performance, standardization, life cycle costs, and other factors pertaining
to the rolling stock, in accordance with 49 U.S.C. § 5325(b).
(2) Pre -Award and Post -Delivery Requirements. The Recipient agrees to comply with the
requirements of 49 U.S.C. § 5323(1) and FTA regulations, "Pre -Award and Post -Delivery Audits
of Rolling Stock Purchases," 49 C.F.R. Part 663, and any revision thereto. ,
(3) Bus Testing. To the extent applicable, the Recipient agrees to comply with the
requirements of 49 U.S.C. § 5323(c) and FTA regulations, "Bus Testing, 49 C.F.R. Part 665, and
any revision thereto.
m. Bonding. The Recipient agrees to comply with the following bonding requirements.
(1) Construction Activities. The Recipient agrees to comply with the bid guarantee,
performance, and payment bonding provisions of 49 C.F.R. § 18.36(h) or 49 C.F.R. § 19.48(c),
as applicable, and with any requirements FTA may issue.
(2) Other Activities. The Recipient agrees to comply with any other bonding requirements or
restrictions FTA may impose.
n. Notification of Federal Participation. In the announcement of any third party contract award
for goods or services (including construction services) having an aggregate value of $500,000 or
more, the Recipient agrees to specify the amount of Federal assistance to be used in financing that
acquisition of goods and services and to express the amount of that Federal assistance as a
percentage of the total cost of that third party contract.
Section 16. Leases.
a. Capital Leases. To the extent applicable, the Recipient agrees to comply with FTA
regulations, "Capital Leases," 49 C.F.R. Part 639, and any revision thereto.
b. Leases Involving Certificates of Participation. The Recipient agrees to obtain FTA
concurrence before entering into a leasing arrangement involving the issuance of certificates of
participation in connection with the acquisition of any capital asset.
c. Cross -Border Leases. To the extent applicable, the Recipient agrees to comply with FTA
Circular 7020.1, "Cross -Border Leasing Guidelines," April 26, 1990, in connection with the
acquisition of capital assets involving a cross -border lease.
Section 17. Patent Rights.
a. General. If any invention, improvement, or discovery of the Recipient or any of its third party
contractors is o. 4ved or first actually reduced to practice in the course of or under the
Master Agreement :A(3), October 1, 1996 Page 21
Project, and that invention, improvement, or discovery is patentable under the laws of the
United States of America or any foreign country, the Recipient agrees to notify FTA immediately
and provide a detailed report. _.
b. Federal Rights. Unless the Federal Government later makes a contrary determination in
writing, the rights and responsibilities of the Recipient, third party contractor, subrecipient and
the Federal Government pertaining to that invention, improvement, or discovery will be
determined in accordance with applicable Federal laws, regulations, including any waiver thereof.
Unless the Federal Government later makes a contrary determination in writing, the Recipient
agrees that, irrespective of its status or the status of any subrecipient or any third party contractor
at any tier (i.e., a large business, small business, state government or state instrumentality, local
government, nonprofit organization, institution of higher education, individual, etc.), the Recipient
agrees it will transmit to FTA those rights due the Federal Government in any invention resulting
from that third party contract described in U.S. Department of Commerce regulations, "Rights to
Inventions Made by Nonprofit Organizations and Small Business Finns Under Government
Grants, Contracts and Cooperative Agreements," 37 C.F.R. Part 401.
Section 18. Rights in Data and Copyrights.
a. Definition. The term "subject data" used in this section means recorded information, whether
or not copyrighted, that is delivered or specified to be delivered under the Grant Agreement or
Cooperative Agreement. Examples include, but are not limited to: computer software, standards,
specifications, engineering drawings and associated lists, process sheets, manuals, technical
reports, catalog item identifications, and related information. The term "subject data" does not
include financial reports, cost analyses, and similar information used for Project administration.
b. Federal Restrictions. The following restrictions apply to all subject data first produced in the -
performance of the Grant Agreement or Cooperative Agreement:
(1) Except for its own internal use, the Recipient may not publish or reproduce subject data
in whole or in part, or in any manner or form, nor may the Recipient authorize others to do so,
without the written consent of the Federal Government, until such time as the Federal
Government may have either released or approved the release of such data to the public.
(2) The restriction on publication of Subsection 18.b(1) of this Master Agreement, however,
does not apply to an Agreement with an institution of higher learning.
c Federal Rights in Data and Copyrights. In accordance with 49 C.F.R. § 18.34 and 49 C.F.R.
§ 19.36, the Federal Government reserves a royalty -free, non-exclusive and irrevocable lic:nse to
reproduce, publish, or otherwise use, and to authorize others to use, for Federal Government
purposes the "subject data" described in the following Subsections 18.c(1) and 18.c(2) of this
Master Agreement. As used in the previous sentence, "for Federal Government purposes," means
use only for the direct purposes of the Federal Government. Without the copyright owner's
consent • Federal Government may not extend its Federal license to other parties.. ; ,,-
Master A:;. .. ant FTA MA(3), October 1, 1996
ect .. Page 22
(1) Any subject data developed under the Grant Agreement or Cooperative Agreement, or
under a third party contract or subagreement financed by the Grant Agreement or Cooperative
r:: •
Agreement, whether or not a copyright has been obtained; and
(2) Any rights of copyright to which a Recipient, subrecipient, or a third party contractor
purchases ownership with Federal assistance.
d. Special Federal Rights for Planning. Research. and Development Projects. FTA's purpose in
providing financial assistance for a planning, research, development, or a demonstration Project, is
to increase transportation knowledge, rather than limit the benefits of the Project to participants in
the Project. Therefore, unless FTA determines otherwise, the Recipient of FTA financial
assistance to support a planning, research, development, or a demonstration Project agrees that, in
addition to the rights in data and copyrights of Subsection 18.c of this Master Agreement, FTA
may make available to any FTA recipient, subrecipient, third party contractor, or third party
subcontractor, either FTA's license in the copyright to the subject data or a copy of the subject
data. If the Project, which is the subject of the Grant Agreement or Cooperative Agreement, is -
not completed for any reason whatsoever, all data developed under that Project shall become
subject data as defined in Subsection 18.a of this Master Agreement and shall be delivered as the
Federal Government may direct. This Subsection 18.d of this Master Agreement, however, does
not apply to adaptations of automatic data processing equipment or programs for the Recipient's
use whose costs are financed with Federal transportation funds for capital projects.
e. Hold Harmless. Unless prohibited by state law, upon request by the Federal Government, the
Recipient agrees to indemnify, save, and hold harmless the Federal Government and its officers,
agents, and employees acting within the scope of their official duties against any liability, including
costs and expenses, resulting from any willful or intentional violation by the Recipient of
proprietary rights, copyrights, or right of privacy, arising out of the publication, translation,
reproduction, delivery, use, or disposition of any data furnished under the Project. The Recipient
shall not be required to indemnify the Federal Government for any such liability caused by the
wrongful acts of employees or agents of the Federal Government.
f Restrictions pn Access to Patent Rights. Nothing contained in this section on rights in data
shall imply a license to the Federal Government under any patent or be construed as affecting the ---
scope of any license or other right otherwise granted to the Federal Government under any patent.
g. Aublication to_Materials Incorporated into the Project. The requirements of Subsections 18.b,
18.c, and 1 S.d of this Master Agreement do not apply to material furnished by the Recipient and
incorporated into the work carried out under the Grant Agreement or Cooperative Agreement, -
provided that the Recipient identifies the incorporated material at the time of delivery of the work.
Section 19. Real Property. Equipment. and Supplies.
Unless otherwise approved by FTA, the following conditions apply to -the treatment of real
property, equipmer • d supplies financed by the Grant Agreement or Cooperative Agreement:
Master Agreement FTt ), October 1, 1996 PZtgC 23 -
a. Use of Property. The Recipient agrees that Project real property, equipment, and supplies
shall be used for appropriate Project purposes (including joint development purposes that
generate program income to support transit activities) for the duration of their useful liir; as
established by FTA. Should the Recipient unreasonably delay or fail to use Project real property,
equipment, or supplies during their useful life, the Recipient agrees that FTA may require the
Recipient to return the entire amount of the Federal assistance expended on that property. The
Recipient further agrees to notify FTA immediately when any Project real property or equipment
is withdrawn from Project use or when real property or equipment is used in a manner
substantially different from the representations made by the Recipient in its Application or the
Project Description of the Grant Agreement or Cooperative Agreement for the Project.
b. General Federal Requirements. 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 other applicable guidelines or regulations the Federal
Government may issue. A Recipient that is an institution of higher education, a private nonprofit
organization, or a for -profit organization agrees to comply with 49 C.F.R. §§ 19.30 through
19.37, including any amendments thereto, and other applicable guidelines or regulations the
Federal Government may issue. Exceptions to the requirements of 49 C.F.R. §§ 18.31 through
18.34, and to 49 C.F.R. §§ 19.30 through 19.37, must be specifically approved by the Federal
Government. Nevertheless, FTA has established specific reimbursement requirements for
premature dispositions of certain Project equipment c e,, when Project equipment is withdrawn
from appropriate use before the expiration of the equipment's useful life established by FTA), as
explained further in Subsection 19.g of this Master Agreement.
c. Maintenance. The Recipient agrees to maintain Project real property and equipment in good
operating order, and in compliance with any guidelines, directives, or regulations FTA may issue.
d. Records. The Recipient agrees to keep satisfactory records with regard to the use of Project
real property, equipment, and supplies, and submit to the FTA upon request such information as
may be required to assure compliance with Section 19 of this Master Agreement.
e. Encumbrance of Project Property. The Recipient agrees to maintain satisfactory continuing
control of Project real property or equipment. Thus, unless authorized in writing by FTA,
(1) Written Transactions. The Recipient agrees to refrain from executing any transfer of
title, lease, lien, pledge, mortgage, encumbrance, third party contract, grant anticipation note,
alienation, or other obligation that in any way would affect the Federal interest in any Project real
property or equipment.
(2) Oral Transactions. The Recipient agrees to refrain from obligating itself in any manner to
any third party with respect to Project real property or equipment.
(3) Other Actions. The Recipient agrees to refrain from taking any action that would either
adversely affect the Federal interest.gr impair the Recipient's continuing control of the use of
Project real • -party or equipment.
Master Agreerc ,t ?'A MA(3), October 1, 19% ..- - :FRge 24
f. Transfer of Project Property. The Recipient understands and agrees as follows:
(1) . Recipient Request. The Recipient may transfer assets financed under 49 U.S.C.
chapter 53 to a public body to be used for any public purpose with no further obligation to the
Federal Government, provided that transfer is approved by the Federal Transit Administrator and
conforms with the requirements of 49 U.S.C. § 5334(g).
(2) Federal Government Direction. The Recipient agrees that the Federal Government may
require the Recipient to transfer title to any real property, equipment, or supplies financed with
Federal assistance made available by the Grant Agreement or Cooperative Agreement as
permitted by either 49 C.F.R. §§ 18.31 through 18.34, or 49 C.F.R. § 19.3, as applicable. The
Recipient also agrees that the Federal Government may direct the disposition of real property or
equipment financed with Federal assistance funds made available for the Grant Agreement or
Cooperative Agreement, as permitted by either 49 C.F.R. §§ 18.31 through 18.33, or 49 C.F.R.
§§ 19.32 through 19.35, as applicable.
(3) Leasing Project Property to Another Party. If the Recipient leases any Project asset to
another party, the Recipient agrees to retain ownership of the leased asset, and assure that the
lessee will use the Project asset appropriately, either through a "Lease and Supervisory
Agreement" between the Recipient and lessee, or another similar document. Upon request by
FTA, the Recipient agrees to provide a copy of any relevant documents.
g. Disposition of Project Property. The Recipient agrees that FTA may establish the useful life
of Project property, and that the Recipient will use Project property continuously and
appropriately throughout the period of time of the property's useful life.
(1) Project Property Whose Useful Life Has Expired. For property whose useful life, as
determined by FTA has expired, the Recipient agrees to comply with the property disposition
requirements of either 49 C.F.R. Part 18 or 49 C.F.R. Part 19.
(2) Project Property Prematurely Withdrawn from Use. For property withdrawn from
appropriate use before its useful life has expired, the Recipient agrees to the following provisions:
(a) Notification Requirement. The Recipient agrees to notify FTA immediately when
any Project real property, equipment, or supplies are prematurely withdrawn from appropriate
use, whether by planned withdrawal, misuse, or casualty loss.
(b) Federal Interest in Prematurely Withdrawn Project Property. Unless otherwise
approved by the Federal Government, the Recipient agrees to remit to the Federal Government
the Federal interest in the fair market value of Project real property, equipment, or supplies
prematurely withdrawn from appropriate use. The amount of Federal interest in the property shall
be determined on the basis of the ratio of the Federal assistance awarded by the Federal
Government for the property to the actual cost of the Property. The Recipient agrees to the
following methods of calculating the fair market value of property prematurely withdrawn from
appropriate use:
Master Agreement FTA MA(. ker 1, 19% Page 25 •"
1. Equipment and Supplies. Unless otherwise determined in writing by FTA, fair
market value shall be calculated by straight line depreciation of the equipment or supplies, based
on the useful life of the equipment or supplies established or approved by FTA. The fair market
value of equipment and supplies shall be the value immediately before the occurrence prompting
the withdrawal of that property from use. In the case of equipment or supplies lost or damaged
by casualty or fire, the fair market value shall be calculated on the basis of the condition of that
property immediately before the casualty or fire, irrespective of the extent ofinsurance coverage.
As authorized by 49 C.F.R. § 18.32(b), a state may use its own disposition procedures, provided
that the state's procedures comply with the laws governing that state.
2. Real Property. The fair market value of real property shall be determined either
by competent appraisal based on an appropriate date approved by the Federal Government, in
accordance with the standards of 49 C.F.R. Part 24, or by straight line depreciation, whichever is
greater.
3. Exceptional Circumstances. The Federal Government reserves the right to
require the use of another method of valuation if determined to be in the best interests of the
Federal Government. In unusual circumstances, the Recipient may request that another
reasonable method of determining fair market value be used including, but not limited to,
accelerated depreciation, comparable sales, or established market values. In determining whether
to approve another method of valuation, the Federal Government may consider any action taken,
omission made, or unfortunate occurrence suffered by the Recipient with respect to the
preservation or conservation of the value of the real property, equipment, or supplies withdrawn
from appropriate use for any reason.
h. Misused or Damaged Property. If any damage to Project real property, equipment, or
supplies results from abuse or misuse occurring with the Recipient's knowledge and consent,
the Recipient agrees to restore that real property or equipment to its original condition or refund
the value of the Federal interest in the damaged property, as the Federal Government may require.-
i. Obligations After Proiect Closeout. A Recipient that is a state, local, or Indian tribal
government agrees that Project closeout will not alter its property management obligations of
Section 19 of this Master Agreement and 49 C.F.R. §§ 18.31 through 18.34. A Recipient that is
an institution of higher education, a private nonprofit organization, or a for -profit organization
agrees that project closeout will not alter its property management obligations under this Section
19 of this Master Agreement and 49 C.F.R. §§ 19.32 through 19.37.
Section 20. Insurance.
Apart from other insurance requirements that may apply to the Recipient, the Recipient agrees as
follows:
a. Insurance During Construction. At a minimum, the Recipient agrees to comply with the
insurance requirr .ts normally imposed by its state and local governments.
Master Agreement F" : ' A(3), October 1,1996 Pip- .26 -
b. Flood Hazards. The Recipient agrees to comply with the flood insurance purchase
requirements of section 102(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C.
§ 4012a(a), with respect to each Prcjat activity involving construction or acquisition.
Section 21. Project Management for Major Capital Projects.
The Recipient agrees to comply with FTA regulations, "Project Management Oversight,"
49 C.F.R. Part 633, and any revision thereto, applicable to a Major Capital Project.
Section 22. Civil Rights.
a. Prohibitions Against Discrimination in Federal Programs. The Recipient agrees to comply
with, and assure compliance by each third party contractor at any tier and each subrecipient at any
tier under the Project, with all requirements of Title VI of the Civil Rights Act of 1964, as
amended, 42 U.S.C. § 2000d; 49 U.S.C. § 5332; and DOT regulations, "Nondiscrimination in
Federally -Assisted Programs of the Department of Transportation -- Effectuation of Title VI of
the Civil Rights Act," 49 C.F.R. Part 21, and any implementing requirements FTA may issue.
b. Equal Employment Opportunity. The Recipient agrees to comply with the following equal
employment opportunity (EEO) requirements:
(1) General Requirements. The Recipient agrees as follows:
(a) The Recipient agrees that it will not discriminate against any employee or applicant
for employment because of race, color, creed, sex, disability, age, or national origin. The
Recipient agrees to take affirmative action to ensure that applicants are employed and that
employees are treated during employment, without regard to their race, color, creed, sex,
disability, age, or national origin. Such action shall include, but not be limited to, employment,
upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination;
rates of pay or other forms of compensation; and selection for training, including apprenticeship.
The Recipient also agrees to comply with any implementing requirements FTA may issue.
(b) If the Recipient is required to submit and obtain Federal Government approval of its
EEO program, that EEO program approved by the Federal Government is incorporated by
reference and made part of the Grant Agreement or Cooperative Agreement. Failure by the
Recipient to carry out the terms of that EEO program shall be treated as a violation of the Grant
Agreement or Cooperative Agreement. Upon notification to the Recipient of its failure to carry
out the approved EEO program, the Federal Government may impose such remedies as it
considers appropriate, including termination of Federal financial assistance in accordance with
Section 11 of this Master Agreement, or other measures that may affect the Recipient's eligibility
to obtain future Federal financial assistance for transportation projects. .
11. LTA L(A111 1 I 190A
Page 27
(2) Equal Employment Opportunity Requirements for Construction Activities. With respect
to construction activities, the Recipient agrees to comply with all applicable EEO requirements of
U.S. Department of Labor (U.S. DOL) regulations; "ice of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seg.,
(which implement Executive Order No. 11246, "Equal Employment Opportunity," is amended by
Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment
Opportunity," 42 U.S.C. § 2000(e) and any Federal statutes, executive orders, regulations, and
Federal policies that may affect construction activities undertaken in the course of the Project.
c. Disadvantaged Business Enterprise. The Recipient agrees to take the following measures to
facilitate participation by disadvantaged business enterprises (DBE) in the Project:
(1) The Recipient agrees to comply with current U.S. DOT regulations on DBE participation
in U.S. DOT financial assistance programs, at 49 C.F.R. Part 23 or at another Part if re -issued,
and any requirements or guidance FTA may issue.
(2) The Recipient agrees that it will not discriminate on the basis of race, color, national
origin, or sex in the award and performance of any third party contract, or subagreement financed
with Federal assistance derived from the U.S. DOT. The Recipient agrees to take all necessary
and reasonable steps required by U.S. DOT regulations to ensure that eligible DBEs have the
maximum feasible opportunity to participate in third party contracts financed with Federal
assistance awarded by U.S. DOT. If the Recipient is required by U.S. DOT regulations to have a
DBE program, the DBE program approved by U.S. DOT is incorporated by reference and made
part of the Grant Agreement or Cooperative Agreement. Implementation of that DBE program is
a legal obligation, and failure to carry out its terms shall be treated as a violation of the Grant
Agreement or Master Agreement. Upon notifying the Recipient of any failure to implement its
approved DBE program, U.S. DOT may impose sanctions as provided for under its regulations
and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. § 1001, and the
Program Fraud Civil Remedies Act, 31 U.S.C. §§ 3801 et mg.
d. Access Requirements for Persons with Disabilities. The Recipient agrees to comply with all -
applicable requirements of the Americans with Disabilities Act of 1990 (ADA), as amended,
42 U.S.C. §§ 12101 eg En.; section 504 of the Rehabilitation Act of 1973, as amended,
29 U.S.C. § 794; 49 U.S.C. § 5301(d); and the following Federal regulations including any
amendments thereto:
(1) U.S. DOT regulations, "Transportation Services for Individuals with Disabilities (ADA),"
49 C.F.R. Part 37;
(2) U.S. DOT regulations, "Nondiscrimination on the Basis of Handicap in Programs and
Activities Receiving or Benefiting from Federal Financial Assistance," 49 C.F.R. Part 27;
(3) U.S. DOT regulations, "Americans With Disabilities (ADA) Accessibility Specifications
for Transportation Vehicles," 49 C.F.R. Part 38;
Master Agreement FTA 1..... „Pi .October 1, 1996
Page 2.8a;
(4) U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability in State and Local
Government Services," 28 C.F.R. Part 35;
(5) U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability by Public
Accommodations and in Commercial Facilities," 28 C.F.R. Part 36;
(6) U.S. GSA regulations, "Accommodations for the Physically Handicapped," 41 C.F.R.
Subpart 101-19;
(7) 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;
(8) U.S. Federal Communications Commission regulations, "Telecommunications Relay
Services and Related Customer Premises Equipment for the Hearing and Speech Disabled,"
47 C.F.R. Part 64, Subpart F; and
(9) FTA regulations, "Transportation for EIderiy and Handicapped Persons," 49 C.F.R.
Part 609.
(10) Any implementing requirements FTA may issue.
Section 23. Employee Protections.
a. Construction Activities. The Recipient agrees to comply with the employee protection
requirements for construction employees as follows:
(1) Davis -Bacon Act. as amended, 49 U.S.C. § 5333(a), the Davis -Bacon Act, 40 U.S.C.
§§ 276a through 276a(7), and implementing U.S. DOL regulations, "Labor Standards Provisions
Applicable to Contracts Governing Federally Financed and Assisted Construction (also Labor -
Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work
Hours and Safety Standards Act)," 29 C.F.R. Part 5.
(2) Contract Work Hours and Safety Standards Act. as amended, specifically section 102 of
that Act, 40 U.S.C. §§ 327 through 332; and implementing U.S. DOL regulations, "Labor
Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted
Construction (also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject
to the Contract Work Hours and Safety Standards Act)," 29 C.F.R. Part 5; and section 107 of
that Act, 40 U.S.C. § 333, and implementing U.S. DOL regulations, "Safety and Health
Regulations for Construction," 29 C.F.R. Part 192o.
(3) Copeland "Anti -Kickback" Act. as amended, 18 U.S.C. § 874 and 40 U.S.C. § 276c, and
implementing U.S. DOL regulations, "Contractors and Subcontractors on Public Building or
Public Work Financed in Whole or in part by Loans or Grants from the United States," 29 C.F.R.
Part 3.
Master Agreement FTA MA(3), Octot: 196 Page 29
b. Activities Not Involving Construction. The Recipient agrees to comply with and assures
compliance with applicable employee protection requirements for nonconstruction employees of
section 102 of the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C.
§§ 327 through 332, and implementing U.S. DOL regulations, "Labor Standards Provisions
Applicable to Contracts Governing Federally Financed and Assisted Construction (also Labor
Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work
Hours and Safety Standards Act)," 29 C.F.R. Part 5.
c. State and Local Government Employees. The Recipient agrees that the minimum wage and
overtime provisions of the Fair Labor Standards Act, as amended, 29 U.S.C. §§ 206 and 207,
apply to employees performing work involving commerce, including such state and local
government employees as public transit authority employees, participating in the Project.
Consequently, each Recipient that is a state or Local government agrees to comply with the Fair
Labor Standards Act's minimum wage and overtime requirements for employees performing work
in connection with the Project.
d. Transit Employee Protective Arrangements. If the Grant Agreement or Cooperative
Agreement indicates that U.S. DOL transit employee protective arrangements apply to transit
operations performed in connection with the Project, the Recipient agrees to comply with the
appropriate requirements below applicable to its Project:
(1) Standard Transit Empioyee Protective Arrangements. To the extent that transit
operations are involved, the Recipient agrees to carry out the Project in compliance with terms
and conditions determined by. the Secretary of Labor to be fair and equitable to protect the
interests of employees affected by the Project and to meet the requirements of 49 U.S.C.
§ 5333(b), and U.S. DOL guidelines, "Section 5333(b), Federal Transit Law," at 29 C.F.R. Part
215, and any amendments thereto. These terms and conditions are identified in U.S. DOL's
certification of transit employee protective arrangements to FTA, the date of which is included in
the Grant Agreement or Cooperative Agreement. The Recipient agrees to carry out the Project in
compliance with the conditions stated in that U.S. DOL certification. That U.S. DOL certification
and any documents cited therein are incorporated by reference and made part of the Grant
Agreement or Cooperative Agreement. The requirements of this Subsection 23.d(1) of this
Master Agreement, however, do not apply to formula assistance projects for the elderly and
persons with disabilities authorized by 49 U.S.C. § 5310(a)(2) or to formula assistance projects
for nonurbanized areas authorized by 49 U.S.C. § 5311; separate requirements for those projects
are contained in Subsections 23.d(2) and 23.d(3) of this Master Agreement.
(2) Transit Employee Protective Arrangements for Projects Authorized by 49 U.S.C.
§ 5310(0(21 for the Elderly and Persons with Disabilities. If the Secretary of Transportation has
determined or dete mines in the future that employee protective arrangements required by
49 U.S.C. § 5333(b) are necessary or appropriate for a public body subrecipient under the
Project, the Recipient agrees to carry out the Project in compliance with the terms and conditions
determined by the Secretary of Labor to meet the requirements of 49 U.S.C. § 5333(b), and
U.S. DOL guidelines, "Section 5333(b), Federal Transit Law," at 29 C.F.R. Part 215, and any
amendments thereto. Tl - *ems and conditions are identified in U.S. DOL's certification of
Master Agreement FfA MA(3 . Wber 1, 1996 Page 30 7
transit employee protective arrangements to FTA, the date of which is. included in the Grant
Agreement or Cooperative Agreement. The Recipient agrees to carry out the Project in
compliance with the conditions stated in that U.S. DOL certification. That U.S. DOL certification
and any documents cited therein are incorporated by reference and made part of the Grant
Agreement or Cooperative Agreement.
(3) Transit Employee Protective Arrangements for Proiects Authorized by 49 U.S.C. & 5311
in Nonurbanized Ares. The Recipient agrees to comply with the terms and conditions of the
Special Warranty for the Nonurbanized Area Program agreed to by the Secretaries of
Transportation and Labor, dated May 31, 1979, and the procedures implemented by U.S. DOL or
any revision thereto.
Section 24. Planning and Private Enterprise.
a. FTA Requirements. The Recipient agrees that each Project financed under the Grant
Agreement or Cooperative Agreement will be implemented in a manner consistent with the plans
developed in accordance with applicable planning and private enterprise requirements of
49 U.S.C. §§ 5303 through 5306, and joint Federal Highway Administration (FHWA)/FTA
regulations, "Planning Assistance and Standards," 23 C.F.R. Part 450 and 49 C.F.R. Part 613.
b. Infrastructure Investment. The Recipient agrees to consider the provisions of Executive Order
No. 12803, "Infrastructure Privatization," 57 Eed. gm. 19063, May 4, 1992; and Executive
Order No. 12893, "Principles for Federal Infrastructure Investments," 59 Egg. Reg. 4233,
January 26, 1994.
Section 25. Environmental Requirements.
The Recipient recognizes that many Federal and state laws imposing environmental and resource -
conservation requirements may apply to the Project. Some, but not all, of the major Federal laws
that may affect the Project include: the National Environmental Policy Act of 1969, as amended,
42 U.S.C. §§ 4321 g1 .; the Clean Air Act, as amended, 42 U.S.C. §§ 7401 e1 seq. and
scattered sections of 29 U.S.C.; the Clean Water Act, as amended, scattered sections of
33 U.S.C. and 12 U.S.C.; the Resource Conservation and Recovery Act, as amended, 42 U.S.C.
§§ 6901 et .; and the Comprehensive Environmental Response, Compensation, and Liability
Act, as amended, 42 U.S.C. §§ 9601 _et gm. The Recipient also recognizes that U.S. EPA,
FHWA and other agencies of the Federal Government have issued and are expected in the future
to issue regulations, guidelines, standards, orders, directives, or other requirements that may
affect the Project. Thus, the Recipient agrees to adhere to, and impose on each subrecipient and
each third party contractor, any such Federal requirements as the Federal Government may now
or in the future promulgate. Listed below are requirements of particular concern to FTA and the
Recipient. The Recipient acknowledges that this list does not constitute the Recipient's entire
obligation to meet all Federal environmental and resource conservation requirements.
Master Agreement FTA MA(3), October i, Page 31
a. Environmental Protection. The Recipient agrees to comply with all applicable requirements of
the National Environmental Policy Act of 1969,as amended, 42 U.S.C. §§ 4321 et eeq, in
accordance wit`: -Executive Order No. 12898, "Federal Actions to Address Environmental Justice
in Minority Populations and Low -Income Populations," 59 Fed. Reg. 7629, Feb. 16, 1994; FTA
statutory requirements on environmental matters at 49 U.S.C. § 5324(b); Council on
Environmental Quality regulations on compliance with the National Environmental Policy Act of
1969, as amended, 40 C.F.R. Part 1500 et ems.; and joint FHWA/FTA regulations,
"Environmental Impact and Related Procedures," 23 C.F.R. Part 771 and 49 C.F.R. Part 622.
b. Air Ouality. The Recipient agrees to comply with all applicable standards, orders, or
regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq.
Specifically:
(1) The Recipient agrees to comply with applicable requirements of U.S. EPA regulations,
"Conformity to State or Federal Implementation Plans of Transportation Plans, Programs, and
Projects Developed, Funded or Approved Under Title 23 U.S.C. or the Federal Transit Act,"
40 C.F.R. Part 51, Subpart T; and "Determining Conformity of Federal Actions to State or
Federal Implementation Plans," 40 C.F.R. Part 93. To support the requisite air quality conformity
finding for the Project, the Recipient agrees to implement each air quality mitigation and control
measure incorporated in the Project. The Recipient agrees that any Project identified in an
applicable State Implementation Plan (SIP) as a Transportation Control Measure, will be wholly
consistent with the design concept and scope of the Project described in the SIP.
(2) U.S. EPA also imposes requirements implementing the Clean Air Act, as amended, that
may apply to transit operators, particularly operators of large transit bus fleets. Thus, the
Recipient should be aware that the following U.S. EPA regulations, among others, may apply to
its Project: "Control of Air Pollution from Motor Vehicles and Motor Vehicle Engines,"
40 C.F.R. Part 85; "Control of Air Pollution from New and In -Use Motor Vehicles and New and
In -Use Motor Vehicle Engines: Certification and Test Procedures," 40 C.F.R. Part 86; and "Fuel
Economy of Motor Vehicles," 40 C.F.R. Part 600.
c. Clean Water. The Recipient agrees to comply with all applicable,standards, orders, or
regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C:
§§1251et Aga.
d. Use of Public Lands. The Recipient agrees that no publicly owned land from a park,
recreation area, or wildlife or waterfowl refuge of national, state, or Iocal significance as
determined by the Federal, state, or focal officials having jurisdiction thereof, or any land from a
historic site of national, state, or local significance may be used for the Project unless the FTA
makes the specific findings required by 49 U.S.C. § 303.
e. Historic Preservation. The Recipient agrees to assist the Federal Government in complying
with section 106 of the National Historic Preservation Act, 16 U.S.C. § 470f, involving historic
and archaeological preservation as follows:
Master Agreement FTA MA(3), Oc'c=. 1, 1996 Page 32
(1) The Recipient agrees to consult with the State Historic Preservation Officer about
investigations to identify properties and resources. listed in or eligible for inclusion in the National
Register of Historic Places that may be affected by the Project, in accordance with Advisory
Council on Historic Preservation regulations, "Protection of Historic and Cultural Properties,"
36 C.F.R. Part 800, and notifying FTA of those properties so affected.
(2) The Recipient agrees to comply with all Federal requirements to avoid or mitigate
adverse effects on those historic properties.
f. Mitigation of Adverse Environmental Effects. The Recipient agrees that if the Project should
cause adverse environmental effects, the Recipient will take all reasonable steps to minimize those
effects in accordance with 49 U.S.C. § 5324(b), and all other applicable Federal laws and
regulations, specifically, the procedures of 23 C.F.R. Part 771 and 49 C.F.R. Part 622. The
Recipient agrees to undertake all environmental mitigation measures that may be identified as
commitments in applicable environmental documents (such as environmental assessments,
environmental impact statements, memoranda of agreement, and statements required by
49 U.S.C. § 303) and with any conditions the Federal Government has imposed in its finding of
no significant impact or a record of decision. Those mitigation measures are incorporated by
reference and made part of the Grant Agreement or Cooperative Agreement. As soon as the
Federal Government and the Recipient reach agreement on any deferred mitigation measures,
those measures will then be incorporated by reference and made part of the Grant Agreement or
Cooperative Agreement. The Recipient agrees that any mitigation measures agreed upon may not
be modified or withdrawn without the express written approval of the Federal Government.
Section 26. Energy Conservation. The Recipient agrees to comply with the mandatory energy
efficiency standards and policies within the applicable state energy conservation plans issued in
compliance with the Energy Policy and Conservation Act, 42 U.S.C. §§ 6321 et ma.
Section 27. State Management and Monitoring Systems.
To the extent applicable, the Recipient agrees to comply with applicable requirements of joint
FHWA/FTA regulations, "Management and Monitoring Systems," 23 C.F.R. Parts 500 and 626,
and 49 C.F.R. Part 614.
Section 28. Charter Service Operations.
fhe Recipient. agrees that neither it nor any transit operator performing work in connection with
the Project will engage in charter service operations, except as permitted by 49 U.S.C. § 5323(d)
and FTA regulations, "Charter Service," 49 C.F.R. Part 604, and any amendments thereto that
may be issued. Any charter service agreement required by these regulations is incorporated by
reference and made part of the Grant Agreement or Cooperative Agreement.
Master Agreement FTA MA(3), October 1,1996 Page 33
Section 29. School Transportation Operations.
The Recipient agrees that neither it nor any tratsit operator performing work in connection with
the Project will engage in school transportation operations for the transportation of students or
school personnel exclusively in competition with private school transportation operators, except
as permitted by 49 U.S.C. § 5323(0 and FTA regulations, "School Bus Operations," 49 C.F.R.
Part 605, and any amendments thereto that may be issued. Any school transportation agreement
required by these regulations is incorporated by reference and made part of the Grant Agreement
or Cooperative Agreement.
Section 30. Metric System. To the extent required by U.S. DOT or FTA, the Recipient agrees to
use the metric system of measurement in its Project activities, as may be required by 49 U.S.C.
§§ 205a et semc .; Executive Order No. 12770, "Metric Usage in Federal Government Programs,"
15 U.S.C. § 205a note; and other regulations, guidelines, and policies issued by U.S. DOT or
FTA. To the extent practicable and feasible, the Recipient agrees to accept products and services
with dimensions expressed in the metric system of measurement.
Section 31. Privacy. To the extent that the Recipient, any third party contractor at any tier, any
subrecipient at any tier, or their employees administer any system of records on behalf of the
Federal Government, the Recipient agrees to comply with, and assures the compliance of each
affected third party contractor at any tier, each affected subrecipient at any tier, and their
employees with the information restrictions and other applicable requirements of the Privacy Act
of 1974, 5 U.S.C. § 552, (the Privacy Act). Specifically:
a. Consent of Federal Government. The Recipient agrees to obtain the express consent of the
Federal Government before it or its third party contractors, subrecipients, or any of their
employees operates a system of records on behalf of the Federal Government.
b. Acknowledgment of Civil and Criminal Penalties.. The Recipient acknowledges that the
requirements of the Privacy Act, including the civil and criminal penalties for violations of the
Privacy Act apply to those individuals administering a system of records for the Federal
Government under the Project, and that failure to comply with the Privacy Act may result in
termination of the Grant Agreement or Cooperative Agreement.
Section 32. Substance Abuse.
a. Drug Abuse. The Recipient agrees :
(1) The Recipient agrees to comply with U.S. DOT regulations, "Drug -Free Workplace
Requirements (Grants)," 49 C.F.R. Part 29, Subpart F.
Master Agent FTA MA(3), Octobe. • 196 Page 34
(2) To the extent applicable, the Recipient agrees to comply with FTA regulations,
"Prevention of Prohibited Drug Use in Transit Operations," 49 C.F.R. Part 653, and any guidance
pertaining to the drug abuse provisions of 49 U.S.C. § 5331 that FTA or U.S. DOT may issue.
b. Alcohol Abuse. To the extent applicable, the Recipient agrees to comply with FTA
regulations, "Prevention of Alcohol Misuse in Transit Operations," 49 C.F.R. Part 654, and any
guidance pertaining to the alcohol abuse provisions of 49 U.S.C. § 5331 that FTA or U.S. DOT
. may issue.
Section 33. State Safety Oversight of Rail Fixed Guideway Public Systems.
To the extent applicable, the Recipient agrees to comply with 49 U.S.C. § 5330, and FTA
regulations, "Rail Fixed Guideway Systems; State Safety Oversight," 49 C.F.R. Part 659 and any
guidance pertaining to state safety oversight of rail fixed guideway systems that FTA or U.S.
DOT may issue to implement 49 U.S.C. § 5330.
Section 34. Special Requirements for Formula Assistance Projects for Urbanized Areas.
a. Fares and Services. The Recipient agrees to use its established administrative process to
solicit and consider public comment before raising fares or implementing a major reduction of
service.
b. Audit Requirements. The Recipient agrees that the Federal Government may conduct or
require the Recipient to engage an independent entity to conduct annual or more frequent
reviews and audits required by 49 U.S.C. § 5307(i) and applicable regulations or guidelines that
the Federal Government may issue.
c. Half Fare Requirements. The Recipient agrees that the rates charged the elderly and persons
with disabilities during nonpeak hours for transportation using or involving Project facilities and
equipment will not exceed one-half of the rates generally applicable to other persons at peak
hours, whether the operation of such facilities and equipment is by the Recipient or is by another
entity under lease or otherwise. The Recipient agrees that it will give the rate required herein to
any individual presenting a Medicare card duly issued to that individual pursuant to title II or
title XVIII of the Social Security Act, 42 U.S.C. §§ 401 . ma., and §§ 1395 ems. sm. respectively.
d. Procurement of an Associated Capital Maintenance Product. In accordance with 49 U.S.C.
§ 5325(c), the Recipient may, without prior Federal approval, procure an eligible associated
capital maintenance product by contract atrectly with the original manufacturer or supplier of the
item to be replaced, provided that the Recipient: (1) first certifies in writing that such
manufacturer or supplier is the only source of that item and the price of that item is no higher than
the price paid for that item by like customers, and (2) complies with applicable Buy America
statutory and regulatory requirements.
Master Agreement FTA MA(3), October 1, 1996 Page 35
e. Transit Security. Each fiscal year, the Recipient agrees to spend at least one (1) percent of its
funds authorized by 49 U.S.C. § 5307 for transit security projects, unless the Recipient has
certified to FTA that such expenditures are not necessary.
f. Restrictions on Use of Formula Assistance for Operations. Financial assistance for
operations 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 specified in the Approved
Project Budget, provided that the applicable operating assistance limitation is not exceeded.
g. Reporting Requirements. For each fiscal year, the Recipient agrees to conform, and
assures that any transit operator to which the Recipient provides funds authorized by 49 U.S.C.
§ 5307 will conform, to the 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 FTA regulations,
"Uniform System of Accounts and Records and Reporting System," 49 C.F.R. Part 630, which
includes various reports required for FTA's national transit database.
h. Criminal Sanctions. Any certificate or submission in connection with an Urbanized Area
Formula Program authorized by 49 U.S.C. § 5307 is subject to 49 U.S.C. § 1001.
Section 35. Special Requirements for Formula Assistance Proiects for the Elderly and Persons
With Disabilities.
a. Eligible Subrecipients. If the Federal financial assistance awarded for the Grant Agreement or
Cooperative Agreement has been authorized for projects under 49 U.S.C. § 5310(a)(2), the
Recipient will provide assistance only to subrecipients that gmtlify as one of the following types of
entities: (1) a private nonprofit corporation or association meeting the special needs of the elderly
and persons with disabilities for whom transit services are unavailable, insufficient, or
inappropriate; (2) a public body approved by the state to coordinate services for the elderly and
persons with disabilities; or (3) a public body that certifies to the Governor that no nonprofit
corporations or associations are readily available in its area to provide service to meet the special
needs of the elderly and persons with disabilities.
b. State Procedures. In general, the Recipient agrees to administer the Project in accordance
with FTA Circular 9070.1C, any revision thereto, and other FTA implementing guidance, and
applicable U.S. DOT regulations at 49 C.F.R. Parts 18 and 19. To the extent that U.S. DOT
regulations at 49 C.F.R. Parts 18 or 19 conflict with the provisions of FTA Circular 9070.1 C or
any revision thereto, U.S. DOT regulations will apply.
c. Eligible Project Activities. Federal financial assistance awarded for the Project may be used
for eligible capital projects specified under 49 U.S.C. § 310 and may include meal delivery
service to the extent permitted by 49 U.S.C. § 5310(h).
Master Agreement FTA MA(3), October 1, : • 7C, Page 36
d. Transfer of Assets. In addition to the authority to transfer Project assets provided by
49 U.S.C. § 5334(g), the Recipient may transfer facilities and equipment acquired with financial
assistance authorized for 49 U.S.C. § 5311 to any recipient eligible to receive assista..cc under
49 U.S.C. chapter 53, provided that the subrecipient currently in possession of such facilities or
equipment consents to the transfer and the facilities or equipment will continue to be used in
accordance with the requirements of 49 U.S.C. § 5311.
Section 36. Special Requirements for Formula Assistance Projects for Nonurbanized Areas.
a. State Procedures. In general, the Recipient agrees to administer a Project financed under
49 U.S.C. §5311, in accordance with FTA Circular 9040.1C, any revision thereto, and other FTA
implementing guidance, and applicable U.S. DOT regulations at 49 C.F.R. Parts 18 and 19.
However, to the extent that U.S. DOT regulations at 49 C.F.R. Parts 18 or 19 conflict with the
terms of FTA Circular 9040.1C or any revision thereto, U.S. DOT regulations will apply.
b. Eligible Project Activities. Federal financial assistance provided under the Grant Agreement
or Cooperative Agreement may be used for transit projects in areas other than urbanized areas.
These projects must be eligible for Federal financial assistance authorized for 49 U.S.C. § 5311,
and may include purchase of service agreements with private providers of transit service and meal
delivery service, to the extent permitted by 49 U.S.C. § 5311.
c. Transfer of Assets. In addition to the authority to transfer Project assets provided by
49 U.S.C. § 5334(g), the Recipient may also transfer facilities and equipment acquired with
financial assistance authorized for 49 U.S.C. § 5311 to any recipient eligible to receive assistance
under 49 U.S.C. chapter 53, provided that the subrecipient currently in possession of those
facilities or equipment consents to the transfer and the facilities or equipment will continue to be
used in accordance with the requirements of 49 U.S.C. § 5311.
d. Restrictions on Use of Formula Assistance for Operations. Formula assistance authorized for
49 U.S.C. § 5311 provided under the Grant Agreement or Cooperative Agreement for operating
assistance may be applied to the Net Project Cost of the subrecipient's operating expenses
incurred during the Project time period specified for the Project.
e. Intercity Transportation. Each fiscal year; the Recipient agrees to spend for intercity
transportation projects at least fifteen (15) percent of its funds authorized for 49 U.S.C.
§ 5311, unless the state's chief executive officer has certified to FTA that the state's intercity bus
service needs are being adequately met.
Section 37. Special Reauirements for Research. Development. Demonstration. and Special
Studies Projects.
a. Project Report. The Recipient agrees to prepare and make available a comprehensive report
on the results of the Project, the conclusions rear. ' and the methods used.
Master Agreement FTA MA(3), October 1, 1996 Page 37
b. Project Identification. The Recipient agrees that each tangible product resulting from the
Grant Agreement or Cooperative Agreement shall be labeled with an appropriate sign or
designs ic:. stating that the Project has been financed with 'Federal assistance provided by the
U.S. Department of Transportation, Federal Transit Administration. Unless waived by FTA, this
requirement applies to all equipment, hardware, construction, reports, data, or any similar items
produced under the Grant Agreement or Cooperative Agreement.
Section 38. Special Requirements for a Project Financed through a State Infrastructure Bank
a. General Requirements. The Recipient agrees to administer the Project in accordance with:
(1) the requirements of section 350 of the National Highway System Designation Act of 1995, as
amended, (NHS Act), 23 U.S.C. 101 note, (2) the provisions ofFTA's NHS Guidelines, and any.
amendments thereto, (3) the provisions of the Cooperative Agreement establishing the State
Infrastructure (SIB) program within the state (entered into by the Federal Highway Administrator,
the Federal Transit Administrator, and the authorized state official), and (4) the provisions of the
FTA Grant Agreement for the Project, except that any provision of this Master Agreement that
conflicts with any provision of FTA's NHS Guidelines, the provisions of the Cooperative
Agreement establishing the SIB program within the state, or this Grant Agreement will not apply
to the Grant Agreement or the project thereunder.
b. Latest Requirements Apply. The Recipient agrees to comply with and assures the compliance
of the SIB and each subrecipient of all applicable requirements for the SIB program, as those
requirements may be amended from time to time, except as FTA determines otherwise.
c. Transit Account Limitations. The Recipient agrees that the SIB will provide Federal assistance
from its Transit Account only for transit capital projects eligible under section 350 of the NHS
Act, and that those projects will fulfill all requirements imposed on comparable capital transit
projects financed by FTA.
d. Limitations on Accessing Federal Assistance in Transit Account. The Recipient understands
that the total amount of funds to be awarded for a Grant Agreement may not be immediately
available for draw down. Consequently, the state agrees to limit the amount of Federal assistance
it draws down for deposit in the Transit Account of its SIB to amounts that do not exceed the
limitations specified in its Grant Agreement or the Approved Project Budget for that Grant
Agreement.
Section 39. Disputes. Breaches. Defaults, or Other Litigation. The Recipient agrees that FTA
has a vested interest in the settlement o'any dispute, breach, default, or litigation involving the
Project. Accordingly:
a. Notification to FTA. The Recipient agrees to notify FTA of any current or prospective major
dispute, breach, default, or litigation pertaining to the Project. If the Recipient seeks to name the
Master Agreement FTA MA(3), October 1, 1996 Pige 38
Federal Government as a party to litigation for any reason, in any forum, the Recipient agrees to
inform the FTA before doing so.
b. Federal Interest in Recovery. The Federal Government retains the right to a proportionate
share, based on the percentage of the Federal share committed to the Project, of any proceeds
derived from any third party recovery, except that liquidated damages recovered may be returned
to the Project Account in lieu of returning the Federal share to the Federal Government.
c. Enforcement. the Recipient agrees to pursue all legal rights available under any third party
contract.
d. FTA Concurrence. FTA reserves the right to concur in any compromise or settlement of any
claim involving Project and the Recipient.
e. Alternative Dispute Resolution. FTA encourages the Recipient to use alternative dispute
resolution procedures, as may be appropriate.
Section 40. Amendments to the Project.
The Recipient agrees that a change in circumstances affecting the Project causing an inconsistency
with the terms of the Grant Agreement or Cooperative Agreement will require a formal
amendment to the Grant Agreement or Cooperative Agreement. The Recipient agrees that a
change in the fundamental information submitted in its Application will also require an
Amendment to its Application or the Grant Agreement or Cooperative Agreement, as
appropriate.
Section 41. Electronic Data Interchange Technology.
As approved by FTA, the Recipient may use electronic data interchange technology to exchange
information with FTA. FTA reserves the right to determine whether the Recipient may use
electronic data interchange technology to execute legal documents pertaining to FTA projects.
Section 42. Severability.
If any provision of the Grant Agreement or Cooperative Agreement is held invalid, the remainder
of the Agreement shall not be affected thereby if such remainder would then continue to conform
to the requirements of applicaile law.
Master Agreement FTA MA(3), October 1,1996 Page 39
EXHIBIT B
c
JOINT BUS ACQUISITION - NEW FLYER OF AMERICA INC.
Item
No.
Qnty
Unit
Price
Item
NCT
(1-0461-1300)
Diesel Option Bid -16 Buses for NCT - Award September 23, 1999
1
16
$227,204
Buses (MTDB Spec.)
$3,635,264.00
2
16
$430
Kneeling System
$6,880.00
3
16
$1,450
Wheelchair Ramp
$23,200.00
4
16
$1,650
Wheelchair Restraints (2 per bus)
$26,400.00
5
16
$2,890
E/H Seating (2 per bus)
$46,240.00
6
16
$1,000
Radio System
$16,000.00
7
16
$11,500
Farebox System
$184,000.00
8
16
$390
Hub Mounted Trip Recorders
$6,240.00
9
16
$42
Power mirrors
$672.00
10
16
$40
First Aid kit
$640.00
11
16
$28
Fire Extinguishers
$448.00
12
16
$2,400
Bus Delivery
$38,400.00
13
1
$7,000
Training Session
$7,000.00
14
1
$680
DDEC III Engine Cartridge & Reader
$680.00
15
1
$530
DDEC III Printer
$530.00
16
1
$680
World ATEC Trans. Cartridge
$680.00
17
1
$42,137
Power Module
$42,137.00
18
1
$1,300
Power Module Delivery
$1,300.00
19
0
$250
Fire Suppression Kits
$0.00
20
1
$2,500
Laptop PC for Allen Bradley
$2,500.00
21
Sales Tax
(1,6,7,8,9,10,11,14,15,16,17,19,20)
$301,458.80
22
Payment Term Credit
($25,700.00)
Total Amount Options - 16 Buses
$4,314,969.80
NCT New Diesel Buses (16)
Expenses
Administration (0100)
Professional Services (0800)
General Vehicle Inspections (0801)
Vehicle Procurement (1300) - Basic Bus
Vehicle Procurement (1300) - Video Surveillance
Project Contingency
Total
Schedule
$25,000
$2,000
$15,000
$4,370,000
$160,000
$28,000
$4,600,000
Specifications Development Feb-98 May-98
Advertise and Award May-98 Jan-99
Procurement Nov-99 Sep-01
Delivery Sep-01 Mar-02
Acceptance and Closeout Mar-02 Jun-02
JOINTBUSAQ.JCODU.XLS 9R0/99
City of National City, California
COUNCIL AGENDA STATEMENT
FEBRUARY 22, 2000
MEETING DATE
AGENDA ITEM NO. 9
(-ITEM TITLE PRESENTATION BY EHM ARCHITECTURE OF THEIR CONCEPT PLANS FOR\
THE UPGRADE OF THE PLAQUES DISPLAY MEMORIAL AREA BEING DESIGNED AS PART OF
THE KIMBALL PARK BOWL OPEN AIR AMPHITHEATER RENOVATION PROJECT
PREPARED BY STEPHEN KIRKPATRICKDEPARTMENT
PUBLIC WORKS/ENGINEERING
EXPLANATION
The Kimball Park Bowl Open Air Amphitheater Renovation Project is currently
under design. As part of the project the two memorial plaques currently
displayed at the amphitheater are being relocated. In their new location
they will be on the outside of the bowl facing the intersection of D Avenue
and 12th Street. The face of the structure will be getting a facelift and
the area re -landscaped, included in the facelift is the installation of
some decorative hardscape. The new location of the plaques will more
prominently display them.
The consultant under the contract to the City to design the renovation
project, Ehm Architecture, will make a presentation to the City Council of
their concept plans for the upgraded memorial.
Environmental Review
N/A in ncial Statement
STAFF RECOMMENDATI
N/A
IF-
Ilr
if°
l'ile '
City Council receiv-�t e pres�ntatiorand comment as appropriate on the
concept plans.
Account No.
BOARD ! COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below Resolution No.
None
A-2(MV9/80)
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE February 22, 1999
10
AGENDA ITEM NO.
ITEM TITLE
REPORT ON PROPOSED TEMPORARY TRAILER FOR PARADISE CREEK
PREPARED BY Kathleen Trees, Acting Director DEPARTMENT Building and Safety
EXPLANATION
SEE ATTACHED REPORT
Environmental Review X N/A
Financial Statement
N/A
Account No.
STAFF RECOMMENDATION
Request the applicant to postpone plans for the temporary office trailer until the City
Council has reviewed the ordinance concerning moved structures.
BOARD / COMMISSION RECOMMENDATION
ATTACHMENTS ( Listed Below )
Letter from Ted A. Godshalk
Report
Resolution No.
A•200 (9/80)
Background
Mr. Ted Godshalk has requested that the Planning and Building Departments approve the
use of a temporary office trailer at Paradise Creek. This trailer would be used to perform
general office work to develop and promote their educational programs and to meet with
the park's contractors until such a time as funds can be raised and a permanent building
can be constructed.
Reason for Denial
Municipal Code Section 15.12 prohibits the "moving of structures into the city from
outside of the city limits."
The City Council did ask staff to look into changing this ordinance after an oral
communication from Mr. Joaquin Castro at the January 25 Council meeting. If the
Council does decide to change the ordinance to allow moved structures, the trailer would
have to comply with the requirements already in place for moving buildings from within
the city to another location in the city. Two of these requirements include findings by
the City Council that:
a. The moved structure does not have an adverse affect on adjacent property
values or the health, safety or welfare of the neighborhood; and
b. The moved structure complies with all zoning and building laws and will not
contribute to blight.
Alternative 1
Issue a Temporary Use Permit until Council has reviewed the moved structures
ordinance. If Council decides to allow moved structures, then have the structure comply
with the new ordinance. If the ordinance is not amended, however, the trailer would have
to be removed at the expense of the organization. If the ordinance is amended the
organization would be responsible for any improvements required by the zoning
ordinance or City Council.
Alternative 2
Issue a Temporary Use Permit for the structure as a construction trailer for the
construction of the park. This use is allowed until the construction of the park is
completed. The purpose of the trailer, however, will go beyond supporting the
construction.
Temporary Use Permits are allowed for office or classroom use, but only after a building
permit is issued for the permanent building and only for 1 year. The permanent building
for this project is in the future.
P.kRAD1SE CREEK
EDUCATIONAL PARK
February 16, 2000
Mayor Waters and City Council
1243 National City Blvd.
National City, CA 91950
Dear Mayor Waters and Council,
The Board of Directors of Paradise Creek Educational Park respectfully asks you to
consider our request at your February 22nd City Council meeting. Our request is for
your permission to place a portable office building, sized 12" x 28', in our nursery at
Hoover Avenue. This building will give us a location for general office work and for
conducting job meetings with our contractors as the Educational Park develops. Our
non-profit organization has benefited from being promoted by Port Commissioner Jess
Van deVenter to the Association of General Contractors. One of the AGC member
contractors has adopted Paradise Creek Educational Park Inc. and offered to donate
the portable building. I have discussed this request with Jim Ruiz, Roger Post, and
Kathleen Trees. The issuance of a permit has been determined inappropriate for this
case, so we come to for your permission.
Our group's long -range goal is to raise funds for land purchase and a permanent
building for a Science Center for our community's and region's environmental
education needs. We thank you for your continued support.
Thank you,
Ted A. Godshalk
Director, PCEPI
♦ P 2143 Cleveland Ave. National City, CA 91950
Totally flexible space
Whether your needs are temporary or permanent, GE Capital
Modular Space offers speed, flexibility and quality.
If your situation requires a fast solution, we can deliver and
install a building from our existing national inventory of over
35,000 buildings in as little as 24 hours.
For specific uses or unique requirements, we can provide
custom-made modular buildings within 6 to 8 weeks with electrical,
plumbing, air conditioning and heating systems — even furniture —
already in place.
Over the past 25 years, GE Capital Modular Space has provided
tailored health care facilities to serve as:
0. Doctors' offices
0- Ambulatory units
O Alcohol and
drug rehab centers
O Laboratories
O Dental medical offices
0- Psychiatric units
P. Diagnostic centers
Comfort and function
Your GE Capital Modular Space building will not only meet all of
your functional requirements, it can also help ensure the well-being
of your patients and staff. We design your modular space to be
comfortable, quiet, attractive, private and secure. Your options are
endless: by your design, your facility can be utilitarian, plush or
anywhere in between.
Choose from a variety of options:
P. Single or double entry/
exit doors
0. Reinforced 9-foot drywall
ceilings
P. Deep sinks with paddle -
handle faucets
P. An energy -efficient rubber
roof system
0- Exterior walkways and decks
0- Community clinics
P. Hospital extensions
0- Family planning centers
Out -patient care units
O Specialized medical offices
O Operating rooms
0- Clinical research suites
0- Tinted, double -glass windows
P. Interior paints and wall
coverings
0- Overhead or base cabinetry
0- Customized air conditioning
units
0- Sprinkler and fire alarm
systems for added safety
And you can outfit your new modular building to match the
aesthetics of existing facilities, by selecting from a variety of exterior
surfaces and finishes.
Modular buildings are often more cost-effective and
durable than conventionally built structures.
We will help you plan and design your building, and
handle all project details for you.
For total convenience, your building can be furnished with
ramps as well as stairs .
From a single -module facility to an elaborate multi -module
complex, we can meet virtually any space requirement.
OFF -AGENDA ITEM
2/22/00
SUBJECT: T.U.P. APPLICATION APPROVAL
EVENT: USED VEHICLE TENT SALE
SPONSORS: McCUNE-CHRYSLER-PLYMOUTH-JEEP
DATES: MARCH 3 THROUGH MARCH 6, 2000
HOURS: 9:00 A.M. UNTIL 9:00 P.M.
STAFF RECOMMENDATION:
APPROVE THE T.U.P APPLICATION
SUBJECT TO COMPLIANCE WITH ALL
CONDITIONS OF APPROVAL.
City of National City, California
COUNCIL AGENDA STATEMENT
February 22, 2000
MEETING DATE
AGENDA ITEM NO.
ITEM TITLE
TEMPORARY USE PERMIT — McCUNE-CHRYSLER-PLYMOUTH-JEEP
USED VEHICLE TENT SALE
PREPARED BY DEPARTMENT
Ka leen Trees, Acting Director Building and Safety
EXPLANATION
This is a request from McCune -Chrysler -Plymouth -Jeep to conduct a four day used vehicle tent sale on
Lot 2 at the Plaza Bonita Shopping Center, from March 3 through March 6, 2000. The hours of the
sale are 9:00 a.m. to 9:00 p.m.
Environmental Review
Financial Statement
The City has incurred $115.00 in costs in processing the T.U.P. application through various City
departments. N/A
Account No.
N/A
STAFF RECOMMENDATION
Approve the Application for a Temporary Use Permit subject to compliance with all conditions of
approval and a waiver of fees.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below) Resolution No.
Application For A Temporary Use Permit with recommended approvals and/or stipulations.
A-200 (9/80)
001-3585-13000
CITY OF NATIONAL CITY
BUILDING & SAFETY
1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950
APPLICATION FOR A TEMPORARY USE PERMIT
APP
MUNICIPAL CODE LATION IS HEREBY
MADE 15.60 AND FOR
TEMPORARYDESCRIBED USUSE
PERMIT PURSUANT TO THE PROVISION OF THE NATIONAL
CITY
Temporary Use Permits are ministerial administrative regulations intended to provide orderly and effective
management of specific list of temporary land uses have exceptional characteristics requiring their review and
limitations. Any permit applicant may appeal the action of the Building Official pursuant to Municipal Code section
15.60.045.
Class A & B use Application for a Temporary Use Permit must be filed 15 working days prior to the
commencement of the activity/event.
Activities/events involving the use or areas of operation within the state highway jurisdiction shall be filed not less
than six (6) month prior to the requested activity/event.
PLEASE COMPLETE (Print or Type):
SPONSORING ORGANIZATION(s): J "I G/N/
,,,,,--e__ 7,9L.,,,,,,,„, J6-6-F)
ORGANIZATION ADDRESS: �c34 O ! ^/�`� �I 0�A �' r:�/ g� ✓I),
/Vf. 4-'�.. / Ty cif- /"//� S2)PHONE:/i1-4-77 /ol.�4
-
City State Zip
LOCATION OF EVENT: PA? sC /4 1
DATE(S) REQUESTED FOR EVENT: FROM Mom(N —.-1)-000 TO 0ii{_ 6 — IeOO
HOURS OF USE ON DAY OF EVENT: FROM q
(BEGIN SETUP) DATE 5-r O&IME /0 /P.M. r
(BEGIN TEARDOWN) DATE 3— 6 TIME (, A.M. ( END T R DATE - - TIMESI- A.
Z./SC-6 DESCRIPTION OF EVENT: �4 - - f Z cE
(A brief summary of the event/may be requested. A summary of the event activity maybe attached to the application)
NAME OF PERSON RESPONSIBLE FOR THE EVENT, WHO WILL BE ON -SITE THE DAY OF THE EVENT:
C -fd
HOW MAY THIS PERSON BE CONTACTED? /q— 474-,300
SPECIFIC USE REQUEST:
JUSTIFICATION:
KyA
f\f/A
1 P.M. TO 7 A.M. P.M
( END SETUP) DATE 3 - TIME 6 A. M P. M
REQUEST TO SELL OR SERVE ALCOHOL BEVERAGES: YES[ ] NO' — WILL FOOD/ DRINK BE SOLD: YES[ ] NCJ�
(Note: The City Council will not approve the sale or consumption of alcohol in City parks in conjunction with any event ✓
requiring a T.U.P. This prohibition will not impact the existing policy regarding the sale or consumption of alcohol within buildings
in the parks, such as the Community Center, which will continue to be subject to the approval of the City Council.)
WILL TENTS OR CANOPIES BE USED?: YES NO [ ] (If "YES," permit may be required from Fire Department)
WAIVER OF FEES REQUESTED: YES [ ]
NO
(If 'YES," complete attached supplemental questionnaire form)
FACILITIES: (When Applicable) REQUEST ASSISTANCE WITH THE FOLLOWING: E
NOISE, CROWD, TRAFFIC CONTROL: / . /4
SECURITY CONTROL:
PARKING/BARRICADES: %J/A
EXTERIOR LIGHTING/ELECTRICAL: Af/A
N/A
TRASH DISPOSAL/SITE CLEAN-UP AFTER EVENT:
AiiA
SANITARY FACILITIES: A
A
PLEASE COMPLETE (Print or Type) /�
NAME OF APPLICANT: / p� e 61( y ' ,PLIy
A40 - `Ez3
ADDRESS: 0,14-o NAAT 9 L I A. e , gmsb PHONE: (%- 477 / 4-
SIGNATURE OF APPLICANT: � ! DATE: -7` 6D
(THIS FORM BECOMES A PE IT ' EN ENDORSED BY THE BUILDING & SAFETY DIRECTOR)
(FOR OFFICE USE ONLY)
PERMIT FEES: $115.00/Paid PERMIT NO.:
USE GROUP: A USE CLASS: A
BOND: N/A PERMIT EXPIRATION DATE:
SPECIFIC STIPULATIONS / COMMENTS:
(See Attached)
BMW* A140 SAFETY Da +•
RECEIVED
fLB 0 2000
NATIONAL CITY, CALIF.
APPROVALS I STIPULATIONS (Check Where Applicable):
PLANNING YES [ ] NO [ j SEE STIP [ ]
FIRE YES [ ] NO [ ] SEE STIP [ ]
PUBLIC WORKS YES [ ] NO [ ] SEE STIP [ ]
FINANCE YES [ ] NO [ ] SEE STIP [ ]
POLICE YES [ ] NO [ ] SEE STIP [ ]
PARKS & REC. YES [ ] NO [ ] SEE STIP [ ]
ENGINEERING YES [ ] NO [ ] SEE STIP [ ]
CITY ATTORNEY YES [ ] NO [ ] SEE STIP [ ]
RISK MANAGER YES [ ] NO [ ] SEE STIP [ ]
COMMUNITY DEVELOP. YES [ ] NO [ ] SEE STIP [ ]
OTHER YES [ ] NO [ ] SEE STIP [ ]
Initial Date
Initial Date
Initial Date
Initial Date
Initial Date
Initial Date
Initial Date
Initial Date
Initial Date
Initial Date
Initial Date
CITY COUNCIL MEETING DATE: February 22, 2000, 6:00 D.m.
TEMPORARY USE PERMIT: APPROVED [ ] DENIED [ ] WAIVER OF FEES: APPROVED [ ] DENIED [ ]
PROPERTY NOTIFICATION REQUIRED: YES [ ] NO [ ]
COMMENTS.
7
DATE
CITY OF NATIONAL CITY
BUILDING AND SAFETY DEPARTMENT
APPLICATION FOR A TEMPORARY USE PERMIT
RECOMMENDED APPROVALS AND/OR STIPULATIONS
SPONSORING ORGANIZATION: McCune Chrysler Plymouth Jeep
EVENT: Used Vehicle Tent Sale
DATE OF EVENT: March 3 through March 6, 2000
TIME: 9:00 a.m. until 9:00 p.m.
APPROVALS:
PLANNING YES [ x ] NO [ ] SEE STIP/COMMENTS [ ]
FIRE YES [ x ] NO [ ] SEE STIP/COMMENTS [ x ]
FINANCE YES [ ] NO [ ] SEE STIP/COMMENTS [ x ]
SPECIFIC STIPULATIONS/COMMENTS:
FIRE (336-4550)
1. Exitways to be maintained in an unobstructed manner at all times. Exitways to be clear of all obstruction for
its entire width and length.
2. Fire extinguishers shall be on premises, type 2-A:10BC. Travel distance not to exceed seventy-five (75)
feet.
3. Fire Department access roads shall be provided and maintained at all times.
4. Fire hydrants shall not be blocked or obstructed.
5. Fire department permit is required. Permit fee is sixty-five dollars ($65.00). Permit to be obtained from
Fire Department.
6. Site map showing size, location, and configuration of tents, canopies, vehicle locations, and placement of
event on property.
7. Canopies and Tents are to be constructed of a flame resistant material.
8. Vehicles are not to be parked within twenty (20) feet of tents or canopies
Finance (336-4260)
1. A Business License is required of all vendors and businesses participating in the special event.
Each separate vendor must have a separate business license. Merchants licensed for the site
can operate on their current license.
111-nir't