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SR-04-25-1978-6KSanta Monica, California, April 13, 1978 TO: Mayor and City Council AM FROM: City Staff SUBJECT: Approval of Contract with the Federal Urban Mass Transportation Administration Introduction In order for the City to receive federal assistance to purchase new buses, bus benches and obtain reimbursement for the implementation of a new ac- counting system, it is necessary to enter into an agreement with the federal Urban Mass Transportation Administration(UMTA) for grant funds. Background On November 23, 1976, the Santa Monica City Council authorized the submission of an application for a federal grant to assist in the purchase of seventeen (17) diesel transit buses and three hundred bus benches. Five of the buses will be used to expand the fleet, so that the Department may accommodate the patronage growth experienced in the last few years. The five, therefore, will be equipped with new radios and fareboxes, while the other twelve will have £areboxes and radios removed from buses to be sold. The Department amended the application December 16, 1977 to include the in- stallation of the new UMTA- mandated accounting and reporting system, which will be necessary to maintain the City's eligibility for federal transpor- tation funds. UMTA approved the City's application on February 14, 1978 and forwarded the grant contract to the City. Although UMTA regulations call for the City to consider the contract within sixty days, staff has received a verbal extension of this date, because the contract was not received by the City until early April. * r y R To: Mayor and Council -2- April 13, 1978 Alternatives 1. The City can decide to reject the contract. It could then make a later decision to purchase the capital equipment and install the accounting system without federal funds, losing the benefit of $1,957,832 in federal assistance, or to retain older equipment to be replaced. 2. The City can decide to approve the contract. This would allow the City to use the federal grant to assist in purchasing new buses, bus benches and provide reimbursement for implementing the accounting system. This alternative will require no expenditure of City funds. Recommendation City Staff recommends that the City Council approve the attached contract by authorizing the City Manager to execute the grant contract for the purchase of seventeen buses, five radios and fareboxes, three hundred bus benches, and implementation of the Section 15 accounting and reporting system. Prepared by: Jack Hutchison Bob Ayer JFH /dag Attachment: UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION URBAN MASS TRANSPORTATION ADMINISTRATION WASHINGTON, D.C. 20590 URBAN MASS TRANSPORTATION CAPITAL GRANT CONTRACT PART I Project No. CA -03 -0136 PUBLIC BODY: CITY OF SANTA MONICA ESTIMATED TOTAL PROJECT COST: Two Million, Five Hundred Seven Thousand, Two Hundred Ninety Dollars ($2,507,290) ESTIMATED NET PROJECT COST: Two Million, Four Hundred Forty -Seven ousan , Two Hun re Ninety Dollars ($2,447,290) MAXIMUM FEDERAL SHARE: One Million, Nine Hundred Fifty -Seven Th-o-us—a-n-a-,--E—i-gh:F--Iru-n-d-r—ed Thirty -Two Dollars ($1,957,832) DATE OF SECTION 13(c) CERTIFICATION LETTER FROM THE DEPARTMENT OF LABOR: ovem e-6�I ; I PROJECT DESCRIPTION: a. purchase of 12 40' air - conditioned diesel transit buses; b�. purchase of 5 35' air - conditioned diesel transit buses; C. purchase and installation of 5 registering fareboxes; d. purchase and installation of 5 radio units; e. purchase and installation of 300 new bus benches; f. implementation of Project FARE; g. supporting services; and h. contingencies. Page 1 (11/75) THIS CONTRACT, effective on the date herein below specified, by and between the United States of America (herein called the "Government ") and the Public Body named on page one of this Grant Contract, WITNESSETH: In consideration of the mutual covenants, promises, and representations herein, the parties hereto agree as follows: Sec. 1. Purpose of Contract - The purpose of this Contract is to provide for dertaking of an urban mass transportation capital improvement project (herein called the "Project ") with Government financial assistance to the Public Body in the form of a capital grant (herein called the "Grant "), under the Urban Mass Transportation Act of 1964, as amended (herein called the "Act "), and to state the terms and conditions upon which such assistance will be provided and the manner in which the Project will be undertaken and completed and the Project facilities /equipment used. Sec. 2. The Project - The Public Body agrees to undertake and complete the Project, and to provide for the use of Project facilities /equipment, substantially as described in its Application, herewith incorporated by reference, filed with and approved by the Government, and in accordance with the terms and conditions of this Contract. The "Project Description" on page one of this Grant Contract describes the Project to be funded under this Contract. Sec. 3. The Grant - In order to assist the Public Body in financing that r io t on of the total cost of the Project which the Department of Transportation (DOT) has determined cannot reasonably be financed from revenues of the public transportation system in which the Project facilities /equipment are to be used (herein called the "Net Project Cost "), such Net Project Cost being estimated to be that amount stated on page one of this Grant Contract, the Government will make a Grant in an amount equal to eighty percent (80 %) of the actual Net Project Cost, as determined by DOT upon completion of the Project, or in the amount designated as Maximum Federal Share on page one of this Grant Contract, whichever is the lesser. However, if this Contract is an amendment to a prior Grant Contract and if the Government's share was limited to 66 2/3% under that Contract, then that limit shall continue to apply in calculating the Government's share of the Net Project Cost as approved on the date of the original Contract and the date of any amendment subject to such 66 2/3% limit. The obligation of the Government to make Federal Grant payments in any fiscal year shall not exceed the amount provided in the Project Budget for the fiscal year in which requisitions therefor are submitted. Page 2 (1/27/77) The Public Body agrees that it will provide from sources other than (a) Federal funds, (b) receipts from the use of the Project facilities /equipment, or (c) revenues of the public transportation system in which such facilities /equip- ment are used, funds in the amount sufficient, together with the Grant, to assure payment of the actual Project Cost. The Public Body further agrees that no refund or reduction of the amount so provided will be made at any time, unless there is at the same time a refund to the Government of a proportional amount of the Grant. Sec. 4. Use of Project Facilities/Equipment - The Public Body agrees that the Project facilities equipment shall be used for the provision of mass transportation service within its urban area substantially as described in the Project Description for a period from the date of purchase of 10 years in the case of buses and items of equipment costing less than $50,000 and for a period from the date of construction or installation of 20 years in the case of facilities or items of equipment costing $50,000 or more. If, during such period, any Project facilities /equipment are not used in this manner or are withdrawn from mass trans- portation service, the Public Body shall immediately notify the Government and shall remit to the Government a proportional amount of the fair market value, if any, of such property (determined on the basis of the ratio of the Grant made by the Government to the actual total cost of the Project). For the purpose of this Section, the fair market value shall be deemed to be the value of the property as determined b_v competent appraisal conducted as soon after such withdrawal or misuse occurs as feasible or the actual proceeds from the public sale of such property, whichever is approved by UMTA. The Public Body shall keep satisfactory records with regard to the use of the property and submit to the Govern- ment upon request such information as is required in order to assure compliance with this Section and shall immediately notify UMTA in all cases where Project facilities /equipment are used in a manner substantially different from that described in the Project Description. The Public Body shall maintain in amount and form satisfactory to the Government such insurance or self- insurance as will be adequate to protect Project facilities and /or equipment throughout the period of required use. The cost of such insurance shall not be an item of allowable cost. The Public Body shall also submit to the Government at the beginning of each calendar year during such period, a certification that the Project facilities /equipment are still being used in accordance with the terms of this Section and that no part of the local contribution to the cost of the Project has been refunded or reduced. Page 3 (11/75) Sec. 5. Labor Protection - The Public Body agrees to undertake, carry out, and complete the Project under the 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 meeting the requirements of section 13(c) of the Act. These terms and conditions are identified in the letter of ®certification to the Government from the Department of Labor on the date indicated on page one of this Grant Contract. That letter and any documents cited in that letter are incorporated by reference into this Grant Contract. The Grant is subject to the conditions stated in the Department of Labor letter. Sec. 6. Minority Business Enterprise In connection with the performance o this Contract, t e Public Body will provide for the maximum utilization of minority business enterprises and will use its best efforts to insure that minority business enterprises shall have the maximum practi- cable opportunity to compete for contract and subcontract work under this Contract. Sec. 7. Compliance with Environmental Standards - The Public Body shall comply with the provisions of the Clean Air Act as amended (42 U.S.C. §1857 et seq); the Federal Water Pollution Control Act, as amended (33 U.S.C. §1251 et seq); and implementing regulations issued by the Environmental Protection Agency, in the facilities which are involved in the Project for which Federal assistance is given in this Grant. Sec. 8. Compliance with Elderly and Handicapped Regulations - The Public Body shall insure that all fixed facility construction or alteration and all new equipment included in the Project comply with applicable provisions of 49 CFR Part 609 -- Transportation for Elderly and Handi- capped Persons. Sec. 9. Charter and School Bus Operations (a) The Public Body agrees that it, or any operator of mass transportation for the Public Body, will not engage in charter bus operations outside of the urban area within which it provides regularly scheduled mass transportation service except in accordance with an agreement, to be entered into hereafter, providing fair and equitable arrangements under the terms of section 813 of the Housing and Community Development Act of 1974, 88 Stat. 633, Pub. L. 93 -383. Such agreement, when executed, shall become an integral part of this contract of assistance, and the remedies specified in any such agreement shall include and be in addition to the Secretary's contract remedies and rights contained herein. Page 4 3C 12/77 (b) The Public Body agrees that it, or any operator of mass transportation for the Public Body, will not engage in school bus operations, exclusively for the transportation of students and school personnel, in competition with private school bus operators. IT IS UNDERSTOOD THAT THIS SUBSECTION DOES NOT APPLY IF THE PUBLIC BODY COMES WITHIN THE SPECIFICALLY ENUMERATED EXCEPTIONS OF EITHER SUBSECTION (b) OR SUBSECTION (g) OF SECTION 1602 OF TITLE 49, UNITED STATES CODE. Any change in the school bus operations by the Public Body or the operator, as set forth in the application, must be concurred in by UMTA. (c) A violation of this Section may preclude the Public Body (or the Operator) from receiving any other Federal financial assistance under (1) subsection (a) or (c) of section 142, title 23, United States Code, (2) paragraph (4) of subsection (e) of section 103, title 23, United States Code, or (3) the Urban Mass Transportation Act of 1964. Sec. 10. Cargo Preference - Use of Onited States -Flag Vessels (a) Pursuant to Pub. L. 664 (46 U.S.C. 1241(b)) at least 50 percent of any equipment, materials or commodities procured, contracted for or otherwise obtained with funds granted, guaranteed, loaned, or advanced by the U.S. Government under this agreement, and which may be transported by ocean vessel, shall be transported on privately -owned United States -flag commercial vessels, if available. (b) Within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, "on- board" commercial ocean bill -of- lading in English for each shipment of cargo described in paragraph (a) above shall be furnished to both the UMTA Administrator (through the prime contractor in the case of subcontractor bills -of- lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, D.C. 20230. (c) The Public Body agrees to insert the following clauses in all contracts let by the Public Body in carrying out the Project: Cargo Preference - Use of United States -Flag Vessels The contractor agrees -- (1) To utilize privately owned United States -flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, 3C 12/77 Page 5 or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States -flag commercial vessels. (2) To furnish within 20 days following the date of loading for shipments originating within the United States, or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, "on- board" commercial ocean bill -of- lading in English for each shipment of cargo described in paragraph (1) above to the UMTA Administrator and grantee (through the prime contractor in the case of subcontractor bills -of- lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, D.C. 20230. (3) To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract. Sec.11. The Grant Contract - This Contract consists of this Part I, entitled Urban Mass Transportation Capital Grant Contract, and Form UMTA F 5, dated 4/27/77, entitled Urban Mass Transportation Grant Contract, Part II, Terms and Conditions. The latest approved Project Budget is incorporated herein by reference. Amendments to the Project Description or the Project Budget shall require a formal amendment to this Contract, except that reallocations of funds among budget items or fiscal years which do not increase the total amount of the Federal Grant shall only require prior authorization from UMTA and the issuance of a new Project Budget. Sec. 12. Offer and.Acceptance (a) Execution of Contract - This Contract may be simul- taneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. (b) Offer - When dated and signed by the Government, this instrument shall constitute an offer which should be accepted by the Public Body by execution within sixty (60) days of such date. The Government may withdraw any offer not accepted within the above sixty -day period. Upon acceptance of the offer the effective date of the Contract shall be the date on which this offer was executed by the Government. 3C 12/77 Page 6 The Government has duly executed this offer thffg 141979 day of , 19 BY ASSOCIATE ADMINISTRATOR, URBAN MASS TRANSPORTATION ADMINISTRATION (c) Acceptance - The Public Body does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the Application and supporting materials submitted by it, and does hereby accept the Govern- ment's offer and agrees to all of the terms and conditions thereof. Executed this ATTEST day of , 19 EMS TITLE AND ORGANIZATION TITLE AND ORGANIZATION (d) Certificate of Public Body's Attorney I, , acting as Attorney for the Public Body, do hereby certify that I have examined this grant contract and the proceedings taken by the Public Body relating thereto, and find that the acceptance of the Govern- ment's offer by the Public Body has been duly authorized by the Public Body's action dated (a copy of which has been submitted to UMTA) and that the execution of this Contract is in all respects due and proper and in accordance with applicable State and local law and further that, in my opinion, said grant contract constitutes a legal and binding obligation of the Public Body in accordance with the terms thereof. I further certify that to the best of my knowledge there is no legislation or litigation pending or threatened which might affect the performance of the Project in accord- ance with the terms of this Contract. Dated this day of , 19 SIGNATURE TITLE AND ORGANIZATION (11/75) Page 7 Form UMTA F 5 (4/27/77) UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION URBAN MASS TRANSPORTATION ADMINISTRATION WASHINGTON, D. C. 20590 URBAN 144SS TRANSPORTATION GRANT CONTRACT PART II TERMS AND CONDITIONS