No preview available
HomeMy WebLinkAboutC13-218 CDOT FTA Section 5310 Captial Grant Agreement • GRANT AMENDMENT Amendment Original Grant Original SAP- Amendment Amendment #1 CMS # PO# CMS# SAP-PO# 12-HTR-41274 291001196 14-HTR-58656 291001196 1) PARTIES THIS AMENDMENT, to the above-referenced Original Grant("Grant") is entered into by and between Eagle County("Grantee"), and the STATE OF COLORADO acting by and through the Colorado Department of Transportation, Division of Transit and Rail ("State" or"CDOT"). 2) EFFECTIVE DATE AND ENFORCEABILITY This Amendment shall not be effective or enforceable until it is approved and signed by the Colorado State Controller or designee ("Effective Date"). The State shall not be liable to pay or reimburse the Grantee for any performance hereunder, including, but not limited to costs or expenses incurred, or be bound by any provision hereof prior to the Effective Date. 3) FACTUAL RECITALS The parties entered into a Grant dated May 2, 2012, for 5310 program funds. The purpose for this amendment is to revise the scope of work as described in Section 6 of this amendment. The Parties now desire to do the following: i. Delete in it's entirety and replace Section 6(a)(4). ii. Delete in it's entirety and Replace Exhibit A. 4) CONSIDERATION-COLORADO SPECIAL PROVISIONS The Parties acknowledge that the mutual promises and covenants contained herein and other good and valuable consideration are sufficient and adequate to support this Amendment. The Parties agree to replacing the Colorado Special Provisions with the most recent version (if such have been updated since the Grant and any modification thereto were effective)as part consideration for this Amendment. 5) LIMITS OF EFFECT This Amendment is incorporated by reference into the Grant, and the Grant and all prior amendments thereto (including option letters), if any, remain in full force and effect except as specifically modified herein. 6) MODIFICATIONS. The Grant and all prior amendments thereto, if any, are modified as follows: a) Section 6(a)(4) is hereby deleted in its entirety and replaced with the following language: Completion Dates. The Grantee agrees to complete the Project in a timely manner. Nevertheless, the time period to be covered by this Contract shall begin on January 1, 2012, or the date the State Controller, or designee, executes this contract, whichever is later, shall be undertaken and performed in the sequence and manner set forth herein, and shall end December 31, 2014. The State may require continued performance for a period not to exceed one year for any Services at the rates and terms specified in the Contract. The State may exercise the option by written notice to the Grantee within 30 days prior to the end of the current Contract term in accordance with Section 37 of this Contract. If the State exercises this option, the extended Contract will be considered to include this option provision. The total duration of this Contract, including the exercise of any options under this clause, shall not exceed three years. b) Exhibit A is hereby deleted in its entirety and replaced with the attached Exhibit A-1. 7) START DATE This amendment shall take effect on its Effective Date. 1 of 7 8) ORDER OF PRECEDENCE Except for the Special Provisions, in the event of any conflict, inconsistency, variance, or contradiction between the provisions of this Amendment and any of the provisions of the Grant, the provisions of this Amendment shall in all respects supersede, govern, and control. The most recent version of the Special Provisions incorporated into the Grant or any amendment shall always control other provisions in the Grant or any amendments. 9) AVAILABLE FUNDS Financial obligations of the state payable during the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, or otherwise made available. 2 of 7 THE PARTIES HERETO HAVE EXECUTED THIS GRANT 'Persons signing for The Grantee hereby swear and affirm that they are authorized to act on The Grantee's behalf and acknowledge that the State is relying on their representations to that effect GRANTEE STATE OF COLORADO Eagle County By: ( L.1p4 John W.Hickenlooper,Governor Name of Auth ed Individ al Colorado Dep. . .:nt fT • • ..rtation ((tt� -rd arc Coven Donal . . • t ec ctor TitleL IRI(LIU hii.0 /� rflaAL.i 1410 tV lD Offici isle of Autho • dAilo. idual ��4 111-nigh, maid ,; //. E. ' tit, "'':iii 'utive *Signature Director g'j(„ Signatory avers to the State Controller or delegate that Date: - I I I i Grantee has not begun perfo •1:nee or that a Statutory Violation waiver , been re•uested under Fiscal Rules Date. , 2nd The Planning Agency Signature if Needed By: - LEGAL REVIEW Name of Authorized Individual John W.Suthers,Attorney General Title: Official Title of Authorized Individual By: N Signature-Assistant Attorney General *Signature Date: Date: ALL GRANTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS 424-30-202 requires the State Controller to approve all State Grants.This Grant is not valid until signed and dated below by the State Controller or delegate.The Grantee is not authorized to beeiu performance until such time.If The Grantee begins performing prior thereto,the State of Colorado is not obligated to pay The Grantee for such performance or for any goods and/or services provided hereunder, • STATE CONTROLLER Robert J s, ,'A, A, By: �/-/ Controller-Colo .4 a epartment of Transportation Date: D/d 7/62-0/3 3of7 (311 Exhibit A.1- SCOPE OF WORK AND BUDGET Eagle County Regional Transportation Authority-5310 A. Standards of Performance 1. The Grantee will provide a minimum of 718.351 one-way passenger trips per year, at a maximum fully-allocated cost(operating cost) of$10.50 per one-way passenger trip, a maximum cost of$5.80 per mile and a maximum cost of$135.85 per vehicle hour. Standards of performance will be measured, reported and averaged at least quarterly. Measurement of these standards will commence with the presentation of the Grantee's first monthly report and request for reimbursement. 2. Performance will be reviewed quarterly. The State will begin its review no later than 30 calendar days after each performance quarter. If the State's review determines the Grantee's performance does not meet the standards of performance set forth above in Paragraph A.1., the following steps will be taken: a. The State will notify the Grantee in writing that performance does not meet the requirements of this Grant. b. Thirty (30)calendar days after date of such notification, the Grantee will submit to the State a written explanation of the cause(s) of the substandard performance, which shall include a written plan for improving performance. c. The State will review the plan for improvement and notify the Grantee of its approval within 21 days. d. If the plan is approved by the Department, the Grantee will implement the plan immediately upon receipt of the State's notification. If the plan is not approved by the Department remedial measures will be determined on a case by case basis. Such remedial measures may include termination of this Grant and return of the grant funds or capital equipment purchased with such funds, in accordance with the terms of Grant. B. Project Budget 1. The net Project cost is estimated to be and shall be shared as follows: Operating Costs (CO-16-0039.ECOR) Federal Share (80%) $30,900 Local Share (20%) $ 7,725 TOTAL $38,625 2. The Project Cost shall not exceed the maximum allowable cost of$38,625. The State will pay no more than 80% of the eligible, actual capital costs up to the maximum federal amount of$30,900. The Grantee shall be solely responsible for all costs incurred in the Project in excess of the amount paid by the State from federal funds for the federal share of eligible, actual costs. In the event the final, actual Project cost is less than the maximum allowable cost of$38,625, the State is not obligated to provide any more than 80% of the eligible, actual operating costs and shall retain the remaining balance of the federal share. 3. Up to one half of the Grantee's share for administrative and operating expenses may be provided from unrestricted federal funds. At least one half must be from sources other than federal funds. The Grantee's Share, together with the Federal share, shall be in an amount sufficient to assure payment of the net Project cost. The State shall have no 4 of 7 EXHIBIT A-1 obligation to provide State funds for use on this Project. The State will administer federal funds for this Project under the terms of this Grant, provided that the federal share of FTA funds to be administered by the State are made available and remain available. In no event shall the State have any obligation to provide State funds or provide federal FTA funds for the Grantee's share of the Project. The Grantee shall initiate and prosecute to completion all actions necessary to enable the Grantee to provide its share of the Project costs at or prior to the time that such funds are needed to meet Project costs. 4. No refund or reduction of the amount of the Grantee's Share to be provided will be allowed unless there is at the same time a refund or reduction of the federal share of a proportionate amount. 5. Federal funds shall not reimburse the Grantee for expenses not incurred in cash (e.g., donated or in-kind goods and services), though such expenses may be used as the Grantee's share. No more than 20 percent of Project administrative expenses and no more than 50 percent of Project operating expenses may be attributed to non-cash, donated, or in-kind expenses. 6. Retroactive Payments: The State shall pay Grantee for costs or expenses incurred or performance by the Grantee prior to the Effective Date, only if(1)the Grant Funds involve Federal funding and (2) Federal laws, rules and regulations applicable to the Work provide for such retroactive payments to the Grantee. Any such retroactive payments shall comply with State Fiscal Rules and be made in accordance with the provisions of this Grant or such Exhibit. Grantee shall initiate any payment requests by submitting invoices to the State in the form and manner set forth and approved by the State. 7. As authorized by the FTA, such Grantee share (local match) may include costs or expenses incurred or performance by the Grantee prior to the Effective Date. C. Reimbursement Eligibility Requests for reimbursement for project costs will be paid to the Grantee upon presentation of invoice(s)to the State for eligible costs incurred through December 31, 2014 and within the limits of this Grant. The Grantee must request reimbursement monthly, and will be reimbursed based on the ratio of Federal Share and Local Share set forth in Project Budget above. However, if the Grantee is designated by the State as a "High Risk Grantee,"as set forth in its State Management Plan, the State reserves the right to limit its reimbursement to the Grantee in any given month to 10% of the total grant award in order to ensure that Project services could be provided throughout the year in the event the Grantee encounters financial instability. The final invoice shall be submitted no later than sixty (60) days after the above date. D. Federal Interest-Service Life Federal interest in the capital equipment will expire as determined by the State. Federal interest is defined by the service life of the capital equipment, which is determined by the State with guidance from Federal Transit Administration (FTA). E. Project Description The Grantee shall perform all Project activities described in Part II in the application update submitted to the State and as specifically described below. The application is incorporated herein by reference to the extent consistent with this Grant. 5 of 7 Section 5310 Project Overview: Eagle County Regional Transportation Authority shall use capital funds provided by the FTA 5310 to purchase and install paratransit scheduling software. The FTA funding share provided for this capital purchase is $30,900. Procurement of the capital equipment purchases listed above will be the responsibility of the Grantee and the Grantee will likewise be responsible for obtaining appropriate approval from the State at each stage of the procurement process, as instructed by the State. The grantee's procurement process shall comply with State procurement procedures, as well as Federal Transit Administration's requirements for Third Party Contracting outlined in Circular 4220.1 F 11-01-08, with specific procedural guidance provided by the Transit Unit staff. Reimbursement for purchases listed above will not be provided if adequate steps are not made to contact Transit Unit staff and meet all FTA and State procurement requirements in advance of purchase. F. Special Conditions of the Project 1. The Grantee will provide comparable transportation services to persons with disabilities according to the Americans with Disabilities Act of 1990. The Americans with Disabilities Act of 1990, as amended (ADA), 42 U.S.C. Sections 12101 et seq., prohibits discrimination against qualified individuals with disabilities in programs, activities, and services, and imposes specific requirements on public and private public and private entities. Third party contactors must comply with their responsibilities under Titles I, II, Ill, IV, and V of the ADA in employment, public services, public accommodations, telecommunications, and other provisions, many of which are subject to regulations issued by other Federal agencies. DOT Public Transportation Regulations implementing Section 504 and the ADA. These regulations include DOT regulations "Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance, " 49 CFR Part 27, DOT regulations, "Transportation Services for Individuals with Disabilities (ADA), " 49 CFR Part 37, and Architectural and Transportation Barriers Compliance Board (ATBCB)/DOT regulations, "Americans With Disabilities (ADA)Accessibility Specifications for Transportation Vehicles, " 36 CFR Part 1192 and 49 CFR Part 38. Examples of requirements include, but are not limited to, the following: Design and Construction; Accessibility requirements for the design of new transportation facilities. 2. The Grantee will comply with the Federal Transit Administration Drug and Alcohol Regulations. 3. Any costs reimbursed to the Grantee from other grant programs funds may not be listed as a cost to be shared by FTA on a reimbursement request(i.e., no double billing). 4. The Grantee shall maintain and report annually through submission of an annual report all information required by the National Transit Database and any other financial, fleet, service data set forth by the State for the purpose of annual reporting required of the State. 5. If the Grantee is unable to perform the activities described under paragraph E., Project Description of this section or must significantly change its level of service described herein, the Grantee shall notify the State in writing. 6 of 7 6. The Grantee must have State approval if FTA funds are to be used for payment of a lease or third-party contracts. 7. The Grantee shall not purchase, issue a purchase order, or lease capital equipment before the contract with the State has been executed. 8. Construction projects funded in part by the State through FTA dollars are subject to site visits to ensure all FTA provisions are being met. G. Safety Data The Grantee shall maintain and submit, as requested, data related to bus safety. This may include, but not be limited to, the number of vehicle accidents within certain measurement parameters set forth by the State; the number and extent of passenger injuries or claims; and, the number and extent of employee accidents, injuries and incidents. H. Training In an effort to enhance transit safety, the grantee shall make a good faith effort to ensure that appropriate training of agency personnel is occurring and that personnel are update in appropriate certifications. In particular, the grantee shall ensure that driving personnel are provided professional training in defensive driving and training on the handling of mobility devices and elderly and disabled persons. • 7 of 7