HomeMy WebLinkAboutFresno Council of Governments - Agmt to Provide Transportation Services for Elderly Persons and Persons with Disabilities 2q.,
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FRESNO COUNCIL OF GOVERNMENTS
AGREEMENT FOR CONTRACTOR SERVICES
FTA—CA-2018-126-00
This AGREEMENT, made and entered into this day of .DeCOM� 2018 by and
between the FRESNO COUNCIL OF GOVERNMENTS, 2035 Tulare St., Suite 201, Fresno, California
93721, a joint powers Public Agency (hereafter referred to as "FCOG"), and the City of Fresno, a municipal
corporation, through its Department of Transportation Fresno Area Express (FAX) (hereafter referred to as
"CONTRACTOR"). FCOG and CONTRACTOR are each a "Party' to this Agreement and collectively are the
"Parties"to this Agreement.
WITNESSETH:
WHEREAS, FCOG has been designated as the recipient for large urbanized areas for Section 5310
Transportation For Elderly Persons and Persons with Disabilities funds pursuant to 71 FR 13456; and
WHEREAS, FCOG has been awarded grant funding from the Federal Transit Administration (FTA)
to solicit applications and award grants to subrecipients for Section 5310 Transportation for Elderly Persons
and Persons with Disabilities projects; and
WHEREAS, CONTRACTOR has submitted an application for Federal Funds to FCOG, who in turn
submitted an application for CONTRACTOR's proposed project to the FTA resulting in a grant agreement for
the proposed project between the Federal Transit Administration (FTA) and FCOG, a copy of which is
attached hereto and incorporated herein by reference as Exhibit C; and
WHEREAS, FCOG has awarded Federal grant funding to CONTRACTOR in the amount of
$432,676 for the purpose of paying for 6 paratransit cutaway buses and related equipment and procurement
costs(herein collectively referred to as PROJECT); and
WHEREAS, FCOG and CONTRACTOR enter into this Agreement to specify the terms and
conditions of the grant award to CONTRACTOR as sub-recipient of the grant award to FCOG set forth in
Exhibit C,which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, it is agreed by FCOG and CONTRACTOR as follows:
I. CONTRACTOR'S OBLIGATIONS
A. CONTRACTOR agrees to complete the PROJECT, as described in CONTRACTOR'S project
summary budget hereafter referred to as Exhibit A, which is attached hereto and incorporated
herein by reference.
B. CONTRACTOR agrees to operate the PROJECT in the service area as described in Exhibit A.
C. For each approved PROJECT, CONTRACTOR agrees to contribute at least the statutorily or
other required local contribution of appropriate matching funds, which are entitled "Local
Share" in the Financials Details section of Exhibit A.
D. CONTRACTOR shall at all times comply with all applicable FTA regulations, policies,
procedures, directives, including and without limitation those listed directly or by reference in
this Agreement as they may be amended or promulgated from time to time during the term of
this Agreement. Notwithstanding the participation of other parties in the PROJECT, the
CONTRACTOR continues to remain responsible to FCOG and FTA for compliance with all
Federal requirements imposed by Federal statute, regulations, executive orders, directives,
published policies and the Grant Agreement. CONTRACTOR failure to comply with the above
shall constitute a material breach of this Agreement.
E. CONTRACTOR acknowledges and agrees that, notwithstanding any concurrence by the FTA
in or approval of the solicitation or award of an underlying contract, absent the express written
consent by the FCOG or FTA, the FTA is not a party to this Agreement and shall not be
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subject to any obligations or liabilities to CONTRACTOR, or any other party (whether or not a
party to this agreement) pertaining to any matter resulting from this agreement.
F. CONTRACTOR agrees to include the provisions of Section I.E., above in each subcontract
financed in whole or in part with Federal Assistance provided by FCOG and FTA. It is further
agreed that the provisions set forth in Section I.E. should not be modified, except to identify
the CONTRACTOR who will be subject to its provisions.
G. CONTRACTOR shall provide quarterly progress reports to FCOG detailing the status of
PROJECT.
I1. FCOG's OBLIGATIONS
A. FCOG shall reimburse CONTRACTOR as provided in section III of this Agreement.
B. FCOG will make available to the CONTRACTOR any document, studies, or other information in
its possession related to the PROJECT.
C. FCOG shall make quarterly reports and billings to the Federal Transit Administration regarding
CONTRACTORS's progress and invoicing of PROJECT.
D. In order to carry out the purpose of Title 49 U.S.C. Subtitle III, Chapter 53 Section 5310 (d),
FCOG is the sole agency authorized to evaluate and submit to FTA grant requests from
private nonprofit corporations and public agencies for assistance in providing transportation
services meeting the special needs of the elderly and persons with disabilities.
lll. Fiscal Provisions
A. Basis of_payment: The basis of payment for the services provided under this Agreement shall
be reimbursement of the actual allowable costs of PROJECT. FCOG will reimburse the
CONTRACTOR for actual allowable costs, after the effective date of this Agreement in
accordance with this section. Not more than once a month, CONTRACTOR may submit to
FCOG signed payment request for allowable cost under this Agreement.
B. Costs: The allowance of individual items of PROJECT cost shall be determined in conformance
with CFR 48, Federal Acquisition Regulations System, Chapter 1, Part 31, and other
applicable regulations, circulars, or memorandums that may be issued by FTA.
C. Total Reimbursement: Notwithstanding any other provision in this Agreement, total
reimbursement shall be limited by an amount not to exceed the sum of$432,676.
D. Payments: FCOG shall make payments to CONTRACTOR upon receipt and approval by FCOG
of CONTRACTOR's monthly invoices for costs associated with the completion of tasks set forth
in Exhibit A (CONTRACTOR's budget summary). Payment to CONTRACTOR shall be based
upon FCOG's evaluation of the completion of each respective task.
E. Invoices: CONTRACTOR shall submit two copies of each invoice with adequate supporting
documentation of cost incurred by Task as defined in Exhibit A,to FCOG, specifying those items
which CONTRACTOR believes have been completed. The invoice shall specify: (1)the contract
amount, (2) the total cost incurred for the current period, broken down by federal participating
cost and local match if appropriate, (3) the total amount billed to-date for the project, broken
down by federal participating cost and local match if appropriate, and (4) the contract balance.
The invoice shall include a written progress report adequately describing the status of PROJECT
in regard to task completion, timelines, and budget and copies of documentation supporting the
cost expenditure.
F. Payment: Within 30 days of receipt of a proper invoice, FCOG shall determine whether
CONTRACTOR has adequately performed to the satisfaction of FCOG the item(s) for which
CONTRACTOR seeks payment, and shall remit payment thereof to CONTRACTOR.
G. Disputes.
1) If FCOG determines that CONTRACTOR has not adequately performed any such task or
services, FCOG shall inform CONTRACTOR of those acts in writing which are necessary for
satisfactory completion of the item(s). CONTRACTOR shall undertake any and all work to
satisfactorily complete the item(s)at no additional charge to FCOG.
2) In the event there is a good faith dispute over an alleged error or omission by
CONTRACTOR, FCOG shall have the right to withhold payment of CONTRACTOR's
reimbursement in the disputed amount.
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3) FCOG and CONTRACTOR shall endeavor to resolve any dispute informally between them.
Any controversy or claim arising out of this Agreement, or the breach thereof, shall be settled
by arbitration of the dispute before an independent arbitrator. The Parties mutually select an
independent arbitrator or panel of arbitrators from Judicial Arbitration and Mediation Services,
Inc. ("JAMS"), or another entity mutually agreed to. In the event a panel of arbitrators is
selected, each Party shall select one member, and shall mutually agree on a third member of
the panel.Any arbitration shall occur in Fresno County, California.
IV. TERMINATION
A. Either party may terminate this Agreement for convenience with 60 days written notice to
the other party.
B. FCOG may terminate this Agreement upon a finding that CONTRACTOR has not made
satisfactory progress toward procuring the PROJECT equipment.
C. Breach of Contract: FCOG may immediately suspend or terminate this Agreement in whole
or in part, where in the determination of FCOG there is:
1. an illegal or improper use of funds;
2. a failure to comply with any term of this Agreement;
3. a substantially incorrect documentation submitted to FCOG;
4. improperly performed services under this Agreement.
In no event shall any payment by FCOG constitute a waiver by FCOG of any breach of this
Agreement or any default which may then exist on the part of the CONTRACTOR. Neither shall
such payment impair or prejudice any remedy available to FCOG with respect to the breach or
default.
D. Non-Allocation of Funds: The terms of this Agreement, and the services to be provided
hereunder, are contingent on the approval of funds by the appropriating government agency.
CONTRACTOR services and reimbursements beyond June 30, 2019, are subject to the
inclusion and funding agency approval of this project in the FCOG FY19-20 Overall Work
Program. Should sufficient funds not be allocated, the services to be provided hereunder
may be modified, or this Agreement terminated at any time by FCOG's giving the
CONTRACTOR thirty(30)days advance written notice.
E. Should an FTA audit disallow a component of PROJECT for reimbursement that FCOG
paid CONTRACTOR, CONTRACTOR may be subject to reimbursement to FCOG for
monies paid or disallowed component paid by FCOG.
V. INDEPENDENT CONTRACTOR
A. In performance of the work, duties, and obligations assumed by CONTRACTOR to be provided
under this Agreement, it is mutually expressly understood and agreed that CONTRACTOR,
including any and all of CONTRACTOR's officers, agents, and employees will at all times be
acting and performing as an independent contracting firm, and shall act in an independent
capacity and not as an officer, agent, servant, employee, joint venture, partner, or associate of
FCOG. Furthermore, FCOG shall have no right to control or supervise or direct the manner or
method by which CONTRACTOR shall perform its work and function. However, FCOG shall
retain the right to administer this Agreement so as to verify that CONTRACTOR is performing its
obligations in accordance with the terms and conditions thereof. CONTRACTOR and FCOG
shall comply with all applicable provisions of law and the rules and regulations, if any, of
governmental authorities having jurisdiction over matters the subject thereof.
B. Because of its status as an independent contracting firm, CONTRACTOR shall have absolutely
no right to employment rights and benefits available to FCOG employees. CONTRACTOR shall
be solely liable and responsible for providing to, or on behalf of, its employees all legally-required
employee benefits. In addition, CONTRACTOR shall be solely responsible and save FCOG
harmless from all matters relating to payment of CONTRACTOR's employees, including
compliance with Social Security,withholding, and all other regulations governing such matters. It
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is acknowledged that during the term of this Agreement, CONTRACTOR may be providing
services to others unrelated to FCOG or to this Agreement.
VI. ASSIGNMENT
A. CONTRACTOR shall not assign or subcontract its duties under this Agreement without the prior
express written consent of the FCOG. No such consent shall be construed as making the
FCOG a party to such subcontract, or subjecting the FCOG to liability of any kind to any
subcontractor.
B. No subcontract whether existing or later entered into as set forth herein, under any circumstances
shall relieve the CONTRACTOR of its liability and obligation under this contract, and all
transactions with the FCOG must be through the CONTRACTOR.
VII. BINDING NATURE OF AGREEMENT; MODIFICATION
The parties agree that all of the terms of this Agreement and its Exhibits shall be binding upon
them and that together these terms constitute the entire Agreement of the parties with respect to
the subject matter hereof. No variation or modification of this Agreement and no waiver of any of
its provisions or conditions shall be valid unless in writing and signed by duly authorized
representatives of the parties. This Agreement shall be binding upon FCOG, the
CONTRACTOR, and their successors in interest, legal representatives, executors,
administrators, and assigns with respect to all covenants as set forth herein.
VIII. INDEMNITY
CONTRACTOR shall indemnify, hold harmless, and defend the FCOG, and each of its officers,
officials, employees, agents and volunteers from and against any and all loss, liability, fines,
penalties,forfeitures, costs and damages (whether in contract,tort, or strict liability, including, but
not limited to, personal injury, death, and property damage) incurred by FCOG, CONTRACTOR
or any other person, and from any and all claims, demands and actions in law or equity,
(including attorney's fees and litigation expenses), arising or alleged to have arisen or equity
(including attorney's fees and litigation expense), arising or alleged to have arisen directly or
indirectly from the negligent or intentional acts or omissions, or willful misconduct of
CONTRACTOR or any of its officers, officials, employees, agents or volunteers in the
performance of this Agreement; provided nothing herein shall constitute a waiver by
CONTRACTOR of governmental immunities including California Government Code section 810
et seq.
FCOG shall indemnify, hold harmless, and defend the CONTRACTOR, and each of its officers,
officials, employees, agents and volunteers from and against any and all loss, liability, fines,
penalties, forfeitures, costs and damages (whether in contract,tort, or strict liability, including, but
not limited to, personal injury, death, and property damage) incurred by CONTRACTOR, FCOG
or any other person, and from any and all claims, demands and actions in law or equity,
(including attorney's fees and litigation expenses), arising or alleged to have arisen or equity
(including attorney's fees and litigation expense), arising or alleged to have arisen directly or
indirectly from the negligent or intentional acts or omissions, or willful misconduct of FCOG or
any of its officers, officials, employees, agents or volunteers in the performance of this
Agreement; provided nothing herein shall constitute a waiver by FCOG of governmental
immunities including California Government Code section 810 et seq.
In the event of concurrent negligence on the part of CONTRACTOR or any of its officers,
officials, employees, agents and volunteers, and FCOG or any of its officers, officials,
employees, agents and volunteers, the liability for any and all such claims, demands and actions
in law or equity for such losses, fines, penalties, forfeitures, costs, and damages shall be
apportioned under the State of California's theory of comparative negligence as presently
established or as may be modified hereafter.
This section shall survive termination or expiration of this Agreement.
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3.
IX. MAINTENANCE OF DBE PERCENTAGES
CONTRACTOR shall not discriminate on the basis of race, color, national origin or sex in the
performing of this contract. CONTRACTOR shall carry out all applicable requirements of 49
CFR Part 26 in the award and administration of DOT assisted contracts. Failure to carry out
these requirements is a material breach of this contract, which may result in the termination of
this contract and such other remedy as the recipient deems appropriate.
X. INSURANCE
Without limiting the indemnification of each party as stated herein, it is understood and agreed
that FCOG and CONTRACTOR shall each maintain, at their sole expense, insurance policies or
self-insurance programs including, but not limited to, an insurance pooling arrangement and\or
Joint Powers Agreement to fund their respective liabilities including general liability, automotive
liability, workers' compensation and employers liability as stated below. Evidence of Insurance,
e.g., Certificates of Insurance or other similar documentation, shall be at the request of either
party under this Agreement.
XI. CONFLICT OF INTEREST
CONTRACTOR covenants that it has no interest, and will not have any interest, direct or
indirect, which would conflict in any manner with the performances of the services required
hereunder.
XII. EFFECTIVE DATE,TERM
This Agreement shall become effective as of the date of its execution by the parties hereto and
shall remain in full force and effect through June 30, 2020, unless sooner terminated or unless
its term is extended. PROJECT expenses are eligible for reimbursement for the term of this
Agreement. After the expiration of this Agreement, unclaimed funds will revert to FCOG.
Upon the mutual written Agreement of the parties hereto,this Agreement may be extended
beyond that date.
XIII. NOTICES
Any and all notices between FCOG and the CONTRACTOR provided for or permitted under this
Agreement or by law shall be in writing and shall be deemed duly served when personally
delivered to one of the parties, or in lieu of such personal service, when deposited in the United
States Mail, postage prepaid, addressed to such party, at such addresses set forth below:
FCOG CONTRACTOR
Fresno Council of Governments City of Fresno, Dept. of Transportation
2035 Tulare, Suite 201 2223 G Street
Fresno, CA 93721 Fresno, CA 93706
XIV. VENUE;_GOVERNING LAW
Venue for any claim or action arising under this Agreement shall only be in Fresno County,
California. This Agreement shall be governed in all respects by the laws of the State of
California.
XV. COMPLIANCE WITH LAWS
CONTRACTOR shall comply with all current Federal, State, and local laws, ordinances, and
regulations applicable in carrying out its obligations under this Agreement.
CONTRACTOR agrees that Contract Cost Principles and Procedures, 48 CFR, Federal
Acquisition Regulations System, Chapter 1, Part 31 et. seq., shall be used to determine the
eligibility of individual items of cost.
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CONTRACTOR also agrees to comply with applicable federal procedures in accordance with
Title 2, CFR part 200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards.
Any costs for which payment has been made to CONTRACTOR that are determined by
subsequent audit to be unallowable under Title 2, CFR part 200, Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards are subject to
repayment by CONTRACTOR to FCOG.
All procurements of steel, iron and manufactured products used in PROJECT shall comply
with the Buy America requirements of Section 16.5a of the Surface Transportation Assistance
Act of 1982 and FTA's implementing Regulations of 49 CFR Part 661.
Any subcontract entered into by CONTRACTOR as a result of this contract, shall contain all of
the provisions of this article.
XVI. REPORTING AND AUDITING
CONTRACTOR shall establish and maintain accounting and reporting procedures that
conform to Generally Accepted Accounting Practices (GAAP) and Uniform Standards that
may be established by FCOG.
CONTRACTOR shall be responsible for meeting the audit requirements of Office
Management and Budgets (OMB)Circular A-133, or any revision or supplement thereto.
CONTRACTOR shall maintain all books, documents, papers, accounting records, and other
evidence pertaining to the performance of this Agreement. All parties shall make such
materials available at their respective offices at all reasonable times during the performance
period and for three (3) years from the date of final payment under this Agreement, including
all sub recipient contracts.
FCOG and any duly authorized representative of the FTA shall have access to any books,
records, and documents of the CONTRACTOR that are pertinent to this Agreement for audits,
examinations, excerpts, and transactions, and copies thereof shall be furnished if requested.
CONTRACTOR shall furnish FCOG with any additional reports or data that may be required
by FTA.
Debarment and Suspension. CONTRACTOR agrees as follows:
1) To comply with the requirements of Executive Order Nos. 12549 and 12689, "Debarment
and Suspension," 31 U.S.C. Section 6101 note; and U.S. DOT regulations on Debarment
and Suspension and 2 CFR Part 1200.
2) Unless otherwise permitted by FTA, CONTRACTOR will refrain from awarding any third
party contract or entering into any sub-agreement with a party included in the "U.S.
General Services Administration's (U.S. GSA) List of Parties Excluded from Federal
procurement or Non-procurement Program," implementing Executive Order Nos. 12549
and 12689, "Debarment and suspension" and 2 CFR Part 1200. The list also includes the
names of parties debarred, suspended, or otherwise excluded by agencies, and
Recipient/Contractors declared ineligible for contract award under statutory or regulatory
authority other than Executive Order Nos. 12549 and 12689.
3) Before entering into any sub-agreements with any sub recipient, CONTRACTOR will
obtain a debarment and suspension certification from each prospective recipient
containing information about the debarment and suspension status and other specific
information of that sub recipient and its "principals,"as defined at 2 CFR Part 180.
4) Before entering into any third party contract exceeding $100,000, CONTRACTOR will
obtain a debarment and suspension certification from each third party containing
information about the debarment and suspension status of that third party and its
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"principals," as defined at 2 CFR 180.995. CONTRACTOR also agrees to require each
third party to refrain from awarding any third party sub-contract to a debarred or
suspended subcontract recipient; seeking a contract exceeding $100,000.
XVII. CONTRACTOR'S LEGAL AUTHORITY
Each individual executing or attesting this Agreement on behalf of CONTRACTOR hereby
covenants, warrants, and represents: (1) that he or she is duly authorized to execute or attest
and deliver this Agreement in accordance with a duly adopted resolution of the agencies board
of directors and in accordance with such agencies charter and bylaws; (2)that this Agreement is
binding upon such agency; and (3) that CONTRACTOR is a duly organized and legally existing
entity in good standing in the State of California.
XVIII. DRUG FREE WORK PLACE
CONTRACTOR shall certify compliance with Government Code Section 8355 pertaining to
providing a drug-free workplace per Exhibit B-"Drug Free Workplace Certification".
XIX. FEDERAL FUNDS
CONTRACTOR shall acknowledge the participation of federal funds in this PROJECT by
causing to have printed on the cover page of any final document provided subsequent to this
Agreement, "The preparation of this report has been financed in part through grants from the
United States Department of Transportation".
XX. PROCUREMENT
A. Invoices for vehicles. All vehicle procurement shall:
1) Be consistent with the approved bid award listed in Exhibit A.
2) Be consistent with Billing and Payment instructions listed in Section Fiscal Provisions.
B. Bid Proposal Approval for other Equipment_ No award for the purchase of vehicles shall be made
without written approval by FCOG prior to purchase. The CONTRACTOR shall submit the
following documents for approval to the FCOG in advance of the proposed award:
1) Solicitation document detailing the specifications of the vehicles for purchase.
2) At least three (3) competitive like-kind bids using the same specifications indicated in Part A
above, or if procuring equipment through a state or other cooperative governmental agency
bid process, adequate documentation of the process.
3) A list of all bids, proposals, or price quotations which includes an analysis of all bids received
detailing comparison information.
4) Disadvantaged Business Enterprise(DBE)Awards/Commitments.
5) An explanation of the basis for selecting the proposed vendors and for rejecting lower bids (if
any). In the case of a single bid, sole source, or negotiated price contract, the
CONTRACTOR shall include a statement certifying that the price is fair and reasonable and
the justification for the single-bid determination (FTA Circular C 4220.1F "FTA Third-Party
Contracting Guidelines")
C. Purchasing of Other Equipment. After receiving written approval from FCOG, CONTRACTOR
shall purchase approved PROJECT equipment within three months of Agreement execution.
D. Evidence of Insurance. The CONTRACTOR shall furnish to FCOG, before delivery of the
PROJECT vehicle(s) to the CONTRACTOR, a certificate of insurance. Evidence of insurance
shall also be provided to FCOG annually and prior to the expiration date of the certificate.
E. Equipment Ownership and Relinquishment. The CONTRACTOR shall not transfer ownership of
the PROJECT equipment at any time while this contract is in effect.
F. Loss or Damage to PROJECT equipment. The CONTRACTOR shall notify FCOG, within ten
(10) working days of any loss or damage, including accident, fire, vandalism, theft, to the
PROJECT equipment.
G. Disposition.
1) Replacement at End of Minimum Useful Life. Project property to be replaced must have
achieved at least the minimum useful life. For purposes of bus replacement projects, the
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age of the bus to be replaced is its years of service or mileage at the time the proposed
new bus is introduced into service.
Typical Characteristics Minimum Life
Category Approx. Average Cost
Length GVW Seats Years Miles
Heavy Duty Lg. 35-48 33,000 to 27 to 50 $325,000 to 12 500,000
Bus ft. and 60 40,000 over$600,000
ft. Arctic
Heavy Duty Small 30 ft 26,000 to 26 to 35 $200,000 to 10 350,000
Bus 33,000 $325,000
Medium Duty and 30 ft 16,000 to 22 to 30 $75,000 to 7 200,000
Purpose-Built Bus 26,000 $175,000
Light Duty Mid- 25 to 35 10,000 to 16 to 25 $50,000 to 5 150,000
Sized Bus ft. 16,000 $65,000
Light Duty Small 16 to 28 6,000 to 10 to 22 $30,000 to 4 100,000
Bus, Cutaways, ft. 14,000 $40,000
and Modified Van
2) Disposition Before the End of Useful Life shall be in accordance with FTA Circular 9050.1
dated May 1, 2007.
XXI. NO THIRD PARTY BENEFICIARIES
Notwithstanding anything else to the contrary herein, the Parties acknowledge and agree
that no other person, firm, corporation, or entity shall be deemed an intended third-party
beneficiary of this Agreement.
XXII. SEVERABILITY
In the event any provisions of this Agreement are held by a court of competent jurisdiction to
be invalid, void, or unenforceable, the Parties will use their best efforts to meet and confer to
determine how to mutually amend such provisions with valid and enforceable provisions, and the
remaining provisions of this Agreement will nevertheless continue in full force and effect without
being impaired or invalidated in anyway.
XXIII. HEADINGS; CONSTRUCTION; STATUTORY REFERENCES
The headings of the sections and paragraphs of this Agreement are for convenience only
and shall not be used to interpret this Agreement. This Agreement is the product of negotiation
between the Parties. The language of this Agreement shall be construed as a whole according
to its fair meaning and not strictly for or against any Party. Any rule of construction to the effect
that ambiguities are to be resolved against the drafting Party shall not apply in interpreting this
Agreement. All references in this Agreement to particular statutes, regulations, ordinances or
resolutions of the United States, the State of California, or the County of Fresno shall be deemed
to include the same statute, regulation, ordinance or resolution as hereafter amended or
renumbered, or if repealed, to such other provisions as may thereafter govern the same subject.
XXIV. INTEGRATED AGREEMENT
This Agreement, including Exhibits A through C, attached hereto and incorporated herein by
this reference, represents the full and complete understanding of the Parties with respect to the
subject matter hereof, and all preliminary negotiations and oral or written agreements with
respect thereto are merged herein. No verbal agreement or implied covenant shall be held to
vary the provisions hereof.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of
the date and year first above written.
FRESNO COUNCIL OF GOVERNMENTS
By
TONY BOPOR Executive Director
CONTRACTOR,
By_=2
APPROVED AS TO LEGAL FORM ON BEHALF OF THE FCOG:
DANIEL C. CEDERBORG, County Counsel
DIgliallys signed by Kyle R.
Robn
Rnhermn
B / Date:2018.09.13
By 15:08:41-07'00'
KYLE R. ROBERSON,Deputy County Counsel
APPROVED AS TO LEGAL FORM ON BEHALF OF THE CITY OF FRESNO:
DOUGLAS SLOAN, City A«orney
ATTEST
BY
City Clerk
1`4"co t4w+l;--�
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of
the date and year first above written.
FRESNO COUNCIL OF GOVERNMENTS
By
TONY BOW, Executive Director
CONTRACTOR,
By 3
APPROVED AS TO LEGAL FORM ON BEHALF OF THE FCOG:
DANIEL C. CEDERBORG, County Counsel
01gitally signed by Kyle R.
Kynom' Roberson f
moo`,,Date:2016.09.13
By 15:09:41-07'00'
KYLE R. ROBERSON,Deputy CounK Counsel
APPROVED AS TO LEGAL FORM ON BEHALF OF THE CITY OF FRESNO
DOUGLAS SLOAN, City Attorney
B y. ( )
ATTEST
BY O AAb
City Clerk
Nj"Co
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EXHIBIT A
PROJECT DESCRIPTION
This project consists of FAX purchasing 6 paratransit cutaway buses and related equipment and
procurement costs for the City of Fresno's Handy Ride program. Fax began operating Handy
Ride in 1977. Handy Ride's cliental are composed of both elderly and disabled persons. The
service operates as a demand response service for those who are unable to use the regular
fixed route system. This means that a request or reservation for service is required.The
reservation system is based on a one-day before request system. The service that Handy Ride
provides is based on ADA regulations in order to ensure that the service is provided to eligible
individuals that have disabilities. FAX clients, many of whom are unable to afford private
providers such as taxis, rely on the Handy Ride service to give them the mobility option they
wouldn't otherwise have. As such, the FAX Handy Ride service is a vital resource for them.
Pro ect Grantee was awarded the foll owing for theirproject:
SCOPE LOCAL SHARE FEDERAL PART. TOTAL Participating
AMOUNT* COST COSTS
TOTAL PROJECT COSTS $108,324 $432,676 $541,000
...................
_.— —..... —,
*No Toll Credits are being used for this project
PROJECT IMPLEMENTATION TIMELINE
MILESTONE DESCRIPTION EST.COMP. DATE
1, Place Vehicles into Service 12/31/2019
2. Contract complete 2/28/2020
Page 10
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EXHIBIT B
DRUG-FREE WORKPLACE CERTIFICATION
City of Fresno Department of Transportation I FAX 94-6000338
Contractor or Grant Recipient Organization Name Federal Tax ID Number
The contractor or grant recipient named above hereby certifies compliance with Federal Transit Administration (FTA)
regulations in matters relating to providing a drug-free workplace.The above-named contractor or grant recipient will:
1. Publish a statement notifying employees that unlawful manufacture,distribution,dispensation, possession, or
use of a controlled substance is prohibited and specifying actions to be taken against employees for violations,
as required by federal regulation.
2. Establish a Controlled Substances and Alcohol Testing Policy as required by FTA regulations, and inform
employees about all of the following:
a. The dangers of drug abuse in the workplace;
b. The organization's policy of maintaining a drug-free workplace;
c. Any available counseling, rehabilitation,and employee assistance programs; and
d. Penalties that may be imposed upon employees for controlled substance or alcohol abuse violations.
3. Certify that every employee who works on the proposed contract or grant:
a. Will receive a copy of the company's policy statement;and
b. Will agree to abide by the terms of the company's statement as a condition of employment on the contract or
grant.
CERTIFICATION
I,the official named below, hereby swear that I am duly authorized legally to bind the contractor or grant recipient to
the above-described certification. I am fully aware that this certification,executed on the date below,is made under
penalty of perjury.
Gregory Barfield, Interim Director
Official's Name and Title
2223 G Street, Fresno, CA 93706
Contractor or Grant Recint Organization Address
I— J I Z- li )�
Signature Date
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DOTFTA
U.S.Department of Transportation Federal Transit Administration
Award
Federal Award Identification Number(FAIN) CA-2018-126-00
Tompormy App1lcation Number 1B?a+2Q7# i
Award Name 5310 Vehicle Purchases 2017
A4sard Status Active(Executed)
Award Budget Number 0
Part 1: Recipient Information
I
Name:Council Of Fresno County Governments
Recipient ID Recipient OST Type Recipient Alias Recipient DUNS
1612 Council of Government FRESNO COUNTY GOVERNMENTS.COUNCIL OF 625202747
Location Type Address City State Zip
Headquarters
..................
Mailing Address 2035 TULARE STREET,SUITE 201 FRESNO CA 93721
Union Information
Union Name AMALGAMATED TRANSIT UNION LOCAL 1027
1221 VAN NESS.SMW4
Address 2
City FRESNO
State California
zpapdie 93721 ,...e_ r
Contact Name RICK STEITZ
Toopharm 359"24140:
Fax 5594420544
atu107*abcplobal.n1 .:
Website http://atul027.org
Union Name CF MANAGEMENT EMPLOYESS ASSOCIATION
Address 1 2388 GOLD MEADOW WAY.STE Zt70
Address 2
city QOLD RIVER
State California
Zlveade gem
Contact Name KIM GILLINGHAM
Ttrlephone 2094993499 '.
Fax
E-moll idm®goyette-astwccorq
Website
Union Name CF PROFESSIONAL EMPLOYEES ASSOCIATION
Addreaa 1 4313 N-SIXTH STREET
Address 2
CHY FRlISNO
State California
Contact Name JESSE GONZALEZ
7
Fax
Website
Union Name FRESNO CITY EMPLOYEES ASSOCIATION
Address 2
city FRE$bi0
State California
Itpende 93721
Contact Name KIM GILLINGHAM
Taleow" 55928tM67
Fax 5592681269
E400
Websile www fcea.rir I
Union Name ME.STATIONARY ENGINEERS LOCAL 39
VSA.dAbOUELYN A
Mdran.z
State California
93722
Contact Name MARINA MAGDALENO
Fax 5592330896
E-[Halt
We�sile
Part 2: Award Information
Title: 5310 Vehicle Purchases 2017
FAIN Award Status Award Type Date Created Last Updated Date From TEAM?
CA-2018-126-00 Active(Executed) Grant 8/28/2017 8/28/2017 No
Award Start Date
8/14/2018
Award End Date
9/30/2020
Award Executive Summary
This application requests$1,323,214 in FY16,17,and 18 Section 5310 funds Funds will be used for 4 vehicle purchasing projects
Start Date is:The Award Start Date is the same as the date of award End Date is:9/30/2020 Fresno Council of Governments is a Designated
Recipient.This Application for Section 5310 Federal Assistance is consistent with the suballocation identified in the governor Distribution Letter
dated April 23,2014 and attached to this application This Application does NOT include funds for Research and/or Development Activities.
Indirect Costs Will NOT be applied to this application and its scope of work.This award will be used by City of Fresno Department of
Transportation,Fresno Economic Opportunities Commission,United Cerebral Palsy Central California and WestCare California to purchase
vehicles to provide transportation for the elderly and the disabled
Project 1:Fresno Area Express will be using$432,676 in FTA funding and$108,324 in local funds to purchase six(6)paratransit cutaway buses,
including accessibility equipment and six(6)radio/automatic vehicle locator equipment,camera equipment,and associated wiring and replacing
the following vehicles:
#VIN#Mileage
1 1 FDXE45S17DB49307 395,724
2 1 FD4E45S28DA52883 247,601
31 FD4E45S48DA54907 267,491
41 FD4E45S28DA52878 291,903
5 1 FD4E45S88DA01403 195,016
6 1 FDXE45S05HA60088 195,016
Project 2:Fresno Economic Opportunities Commission will be using$346,141 in FTA funding and$86,535 in Transportation Development Credits
to purchase six(8)new Creative Starcraft Class C 16 passenger buses with wheelchair lifts and replacing the Following vehicles:
#VIN#Mileage
1 1 FDXE45S15HB19472 250,848
2 1 FDXE45SX6HB23988 228,553
3 1 FDXE45S16HB23989 223,716
41 FDXE45SX6HB23991197,164
5 1 FDXE45S36HB23993185,222
6 1 FDXE45S56HB23994196,370
Project 3:United Cerebral Palsy Association of Central California will be using$327,865 in FTA funding and$81,966 in Transportation
Development Credits to expand their services as they open a new senior center in Fresno The new vehicles will not be replacement vehicles
Project 4:WestCare California,Inc will be using$38,425 in FTA funding and$9,606 in Transportation Development Credits to purchase a one(1)
Class D Minivan-ElDorado Mobility Amerivan with a power sliding door and wheelchair lift or ramp and replacing the following vehicle:
#VIN#Mileage
1 1 GNDV23157D139120 535,641
Frequency of Milestone Progress Reports(MPR)
Annual
Frequency of Federal Financial Reports(FFR)
Annual
Does this application include funds for research and/or development activities?
This award does not include research and development activities
Pre-Award Authority
This award is not using Pre-Award Authority
Does this application include suballocation funds?
Recipient organization is the Designated Recipient and can apply for and receive these apportioned funds
Will this Grant be using Lapsing Funds?
Yes,this Grant will use Lapsing Funds
Will indirect costs be applied to this application?
This award does not include an indirect cost rate
Indirect Rate Details:N/A
Requires E.O.12372 Review
No,this application does not require E O 12372 Review
Delinquent Federal Debt
No,my organization does not have delinquent federal debt
Award Point of Contact Information
First Name Last Name Title E-mail Address Phone
catherine luu@dot.gov General Engineer
Margaret Arnest Senior Regional Planner pamest@fresnocog org 559-233-4148 241
cecilia.crenshaw@dot gov Community Planner
Award Budget Control Totals
Funding Source Section of Statute CFDA Number Amount
49 USC 5310-(MAP 21)Fonnula Grants for Enhanced Mob of Sr &Ind w Disab 5310-1A 20513 $1,145,107
Local/In-Kind $0
stalls
State/In-Kind $0
Other Fed"
Transportation Development Credit $264,842
Total Eligible Cost $1,253,431
Award Budget
................................
Non-FTA Total
Project Number Budget Item FTA Amount Amount Eligible Quantity
Amount
1-662MLI-126-01-00 A"-00(111- BUS-ROLLING STOCK $492,678.00 $108.324.90 $341,000I_
Y::
CA-20113-126-01-00 1112.04 BUY REPLACEMENT S432.676.00 $108,324.00 $541,06(1.00 6'
CA-2018-1213.0240 111-00{111- BUS-ROLLING-STOCX $346,141.00 $0A0 $346,14[
Ali , J ..:
CA-2018-126-02-00 11 12.04 BUY REPLACEMENT $346,14100 $000 $346,141 00 6
�
iAr261$-128-03-00[111. BUS-ROLLING STOCK 5377,866.00 50.00 s92IAS.00�
rCA-2018-126-03-00 11 13 04 BUY $123,308.00 $0.00 $123,308.00 2
CA-2018-126-03-00 11.1315 BUY V&N FOR SVC $204.55700 $000 $204,557.00 $
EXPANSi ON
.00(i f 1-
CA-201$.125-" 111 11 BUS-ROLLING STOCK sw.425.00 $0.00 X25.00
BUY
CA-2018-126-04-00 11 12 15 REPLACEMENT $38,42500 $0.00 $38,425,00 1
VAN
Earmark and Discretionary Allocations
This application does not contain earmarks or discretionary allocations
Sources of Federal Financial Assistance
PO Project Scope Scope Scope LIZA Area Account Class Amendment Cumulative
Number Number Name Number Suffix Code Name Code FPC Description Amount Amount
CA-16- CA-2018- BUS- 111-00 Fresno, Enh Mob
126-01- ROLLING Al 060800 CA 2016.25.16.DL.2 00 Seniors/Disabl- $432,676 $432,676
2004
00 STOCK (111) >200K
CA-16- CA4016. "- Ill-00 Freeria EMCHC)
126-M.• ROILINGA2 060800Eft205625A DL.2 00 SertktrslDisaw• sm.191 $83,101
7.OG4 IDD 0 STOCK (111) (A a200K
CA-16- CA-2018- BUS- 111-00 Fresno Enh Mob
Z004 126-02- ROLLING ( )111 A2 060800 CA 2017 25.16 DL 2 00 Seniors/Disabl $262,950 $262,950
00 STOCK >200K
GIF2016- BUS. 111 Fresno Erkh Mob
3254)3- ROLLING 1411) A3 0508W CA ' 201725.18012 00 SeniorslDlsabl 3269.143 sm.103
STOCK :200K
CA-16- CA-2018- BUS- 111-00 Fresno Enh Mob
126-03- ROLLING A3 060800 CA 2018.25.16 DL.2 00 Seniors/Disabl- $58,762 $58,762
2004 00 STOCK (111) >200K
O 2018• 13US- --Flow, MRW Enh Mob
€ ��x1-
NG 111-00
Ai O50" F ' 201825.18Ai.2 OD S 104BEl• 538.525 $38.425
Part 3: Project Information
Project Title: Fresno Area Express Paratransit Vehicles and Equipment Purchase
Project Number Temporary Project Number Date Created Start Data End Date
CA-2018-126-01-00 1612-2017-1-P1 8/29/2017 12/31/2019 2/28/2020
Project Description
Purchase six(6)paratransit cutaway buses,including accessibility equipment and six(6)radio/automatic vehicle locator equipment,camera
equipment,and associated wiring.
Project Benefits
As FAX's Handy Ride fleet of buses and sedans has aged,the reliability of the service has declined
The vehicles proposed for purchase in this application will replace paratransit buses that are
beyond their useful lives,as specified in FTA regulations,and have been utilized for more than
the required 250,000 miles-The new vehicles will improve the reliability of the Handy Ride
paratransit fleet,thus providing a better service to Handy Ride clients and enabling FAX to
cnntini w to maintain P mnrP rnhi ist IPVPI of srrvirp. Windy Ride pPaaPnoPrs will alsn nnffrP 1hP
improvement as they ride in newer,more up-to-date vehicles.
Additional Information
FAX Handy Ride is a Paratransit service designed to meet the transportation needs of eligible
persons with disabilities who cannot functionally use the FAX fixed route bus system.The
proposed project,to purchase replacement paratransit vehicles,will allow FAX to maintain and
enhance service to individuals with disabilities and elderly persons.Lack of available funding
continues to plague transit agencies across the nation,including FAX,in their efforts to maintain
transit fleets in a state of good repair,Section 5310 funding enables FAX to purchase the much
needed paratransit vehicles,where other funding is not available,in an effort to provide the best
service possible Without this funding,reliability of the service would decline and service levels
along with the number of individuals served would be reduced.According to FTA Circular
9070.1 G."the goal of the Section 5310 program is to improve mobility for seniors and individuals
with disabilities throughout the country by removing barriers to transportation services and
expending the transportation mobility options available."This project will increase reliability and
thereby improve mobility for individuals with disabilities and elderly persons in Fresno,consistent
with the program goal.Additionally,the positive impact is measurable in that there will be fewer
vehicles out of service on a daily basis,and overall fleet maintenance costs will be reduced.
Location Description
The area boundaries are generally Copper Avenue to the north,east to Willow Avenue,south to Ashlan Avenue,east to Temperance Avenue,
south to Central Avenue,west to Palk Avenue,north to the Fresno County line,and east to Copper Avenue Specifically,clients are served in the
Fresno metropolitan area at least 1/4 mile beyond the boundaries of FAX's fixed route service area.
Project Location(Urbanized Areas)
........... ... ...
UZA Code Area Name
060000 California
080800 Fresno.CA
Congressional District Information
..........
State District Representative
California 4 Tom McClintock
Celitamla 16 �fGbrf}f'
California 21 David G Valadao
C"Onlis 22 :Luft'Mira
Project Control Totals
Funding Source Section of Statute CFDA Number Amount
49 USC 5310-(MAP 21)Fonnula Grants for Enhanced Mob of Sr.8 Ind.w Disab 5310-1A 20513 $432,676
Local/In-Kind $0
State/In-Kind $0
Transportation Development Credit $86,535
Total Eligible Cost $541,000
Project Budget
FTA Non-FTA Total
Project Number Budget Item Eligible Quantity
Amount Amount Amount
Sit-Ofl.(S.
CA 2GSE S28 t}1-00 RQL LING 5F67G1[ 4,00SSM1trOQo�4 B;
Al) ... ,
CA-2018-126-01-00 11.1204 BUY
REPLACEMENT $432,676,00 $108,324.00 $541,000.00 6
Project Budget Activity Line Items
Budget Activity Line Item:11.12.04-BUY REPLACEMENT
Scope Name/Code Line Item# Line Item Name Activity Quantity
BUS-ROLLING STOCK(111-00) 11.1204 BUY REPLACEMENT BUY REPLACEMENTS-CAPITAL BUS 6
Extended Budget Description
Purchase of six(6)paratransit cutaway buses and related equipment
Will 3rd Party contractors be used to fulfill this activity line item?
Yes,3rd Party Contractors will be used for this line item
Propulsion Fuel Type Vehicle Condition Vehicle Size(ft.)
N/A Gasoline New
Funding Source Section of Statute CFDA Number Amount
49 USC 5310-(MAP 21)Formula Grants for Enhanced Mob of Sr&Ind w Disab 5310-1A 20513 $432,676
Loco
Local/In-Kind $0
Sly
State/In-Kind $0
Other F -�
Transportation Development Credit $86,535
Total Eligible Cost $541,000
Milestone Name Est.Completion Date Description
Place Vehicles into Service 12/31/2019 Vehicles are completely ready to be put into use
Grant Compietion Date 212V2= invoices paid and an buses in service
Project Environmental Findings
Finding:Class ll(c)-Categorical Exclusions(C-List)
Class Level Description
Class II(c)consists of projects called categorical exclusions(CEs)which are known not to have,either individually or cumulatively,a significant
environmental impact on the human or natural environment and are therefore categorically excluded from the requirement to prepare an
environmental assessment or an environmental impact statement.Class II(c)does not require documentation.
Categorical Exclusion Description
Type 07:Acquisition,installation,rehabilitation,replacement,and maintenance of vehicles or equipment,within or accommodated by existing
facilities,that does not result in a change in functional use of the facilities,such as:equipment to be located within existing facilities and with no
substantial off-site impacts;and vehicles,including buses,rail cars,trolley cars,ferry boats and people movers that can be accommodated by
wdstlng facilities or by new facilities that qualify for a categorical exclusion.
Date Description Date
Class llc CE Approved
Project Title: Fresno EOC Bus purchases for Elderly and Disabled Transportation
Project Number Temporary Project Number Date Created Start Date End Date
CA-2018-126-02-00 1612-2017-1-P2 8/30/2017 12/31/2019 2/28/2020
Project Description
The purchase of six(6)new Creative Starcraft Class C 16 passenger buses with wheelchair lift.
Fresno EOC provides service to approximately 500 developmentally disabled adults for the Central Valley Regional Center This population of
persons with disabilities such as mental,vision,and hearing impairments,is not capable of riding public transportation,therefore this service is
provided by the Fresno EOG Transit Systems meets their needs
Project Benefits
The requested fleet vehicle replacements are necessary due to the age and condition of existing vehicles The average odometer of the larger
class C vehicles to be replaced is over 213,500 miles and 11 to 12 years old.If replacements are awarded these vehicles will have an additional
year of service and another 25,00 to 35,000 miles accumulated on the engine by the time of replacement delivery.
It is imperative that replacements are awarded to insure a smooth transition in maintaining the existing service level,Fresno EOC Transit Systems
is a non-profit agency,not a governmental agency;therefore there are very few avenues for equipment replacement.
Additional Information
None provided.
Location Description
Fresno EOC uses their Section 5310 funded buses in the Fresno Clovis Metropolitan Area.
Project Location(Urbanized Areas)
UZA Code Area Name
060000 California
owwo Fresno.CA
Congressional District Information
State District Representative
California 4 Tom McClintock
Cwifomla f6 JIM Coats
California 21 David G Valadao
California 22 ,_ Davin Nunes
Project Control Totals
Funding Source Section of Statute CFDA Number Amount
49 USC 5310-(MAP 21)Formula Grants for Enhanced Mob of Sr.&Ind.w Disab 5310-1A 20513 $346,141
� ..... _:...
Local/In-Kind $0
Bowe . so. .
State/In-Kind $0
Transportation Development Credit $86,535
Total Eligible Cost $346,141
Project Budget
FTA Non-FTA Total
Project Number Budget Item Amount Amount Eligible Quantity
Amount
.. ............. ...... ..I
CA-2018-126.02.00 � f3U5.( SMIOID W.00 $346.141-00 $
CA-2018-128-02-00 11.12.04 BUY
REPLACEMENT $346,141.00 $0.00 $346,141 00 6
Project Budget Activity Line Items
Budget Activity Line Item:11.12.04-BUY REPLACEMENT
Scope Name I Code Line Item# Line Item Name Activity Quantity
BUS-ROLLING STOCK(111-00) 11.12.04 BUY REPLACEMENT BUY REPLACEMENTS-CAPITAL BUS 6
Extended Budget Description
Purchase six(6)Starcraft Class C buses
Will 3rd Party contractors be used to fulfill this activity line item?
Yes,3rd Party Contractors will be used for this line item
Propulsion Fuel Type Vehicle Condition Vehicle Size(ft.)
N/A Gasoline New
Funding Source Section of Statute CFDA Number Amount
49 USC 5310-(MAP 21)Fonnula Grants for Enhanced Mob of Sr &Ind.w Disab 5310-1A 20513 $346,141
Local/In-Kind $0
State/In-Kind $0
W
Transportation Development Credit $86,535
Total Eligible Cost $346,141
Milestone Name Est.Completion Date Description
All Vehicles Delivered 12/31/2019 All vehicles delivered to FEOC and all vehicles pass inspection and are built
according to specifications.
AN Invoices PSrd 91.18+.020
Project Environmental Findings
Finding:Class II(c)-Categorical Exclusions(C-List)
Class Level Description
Class II(c)consists of projects called categorical exclusions(CEs)which are known not to have,either individually or cumulatively,a significant
environmental impact on the human or natural environment and are therefore categorically excluded from the requirement to prepare an
environmental assessment or an environmental impact statement Class II(c)does not require documentation
Categorical Exclusion Description
Type 07:Acquisition,installation,rehabilitation,replacement,and maintenance of vehicles or equipment,within or accommodated by existing
facilities,that does not result in a change in functional use of the facilities,such as:equipment to be located within existing facilities and with no
substantial off-site impacts;and vehicles,including buses,rail cars,trolley cars,ferry boats and people movers that can be accommodated by
exisflng facili fres or by new faLrlil les that Rualify for a categorical exclusion.
Date Description Date
Class llc CE Approved
Project Title: United Cerebral Palsy Association of Central California(UCPCC)Vehicle
Purchasing
Project Number Temporary Project Number Date Created Start Date End Date
CA-2018-126-03-00 1612-2017-1-P3 8/30/2017 12/31/2019 2/28/2020
Project Description
The purchasing of two(2)Starcraft Class C Buses and six(6)Braun Entervan Class D buses so that UCPCC can provide transportation services
for a new senior center in Fresno.
Project Benefits
United Cerebral Palsy Association of Central California will be opening a much needed senior center in Fresno.Each day seniors will be able to
leave the facility by bus to go out into the community to destinations of their choosing Programs like this are now being required to meet CMS
Rules(Centers for Medicare and Medicaid).These rules state that"....settings must be integrated in the greater community and must be selected
by the individual."The CMS rules further dictate that"(transit providers)optimize individual initiative,autonomy,and independence in life choices"
The CMS rules,and individual choice will effect how UCPCC does business on a daily basis,and are the driving force behind U CPCC's request for
small vehicles.
Additional Information
This project helps UCPCC continue to provide transportation services to elderly individuals and individuals with disabilities so that they live more
fully,productive lives
Location Description
This program will operate in the Fresno Clovis Metropolitan Area
Project Location(Urbanized Areas)
�LIZA Code Area Name
060000 California
Congressional District Information
State District Representative
California 4 Tom McClintock
CraiUp111ta 16
California 21 David G Valadao
C1111"kenie 22 ...
Project Control Totals
Funding Source Section of Statute CFDA Number Amount
49 USC 5310-(MAP 21)Formula Grants for Enhanced�Mob of Sri&Ind.w Disab 5310-1A 20513 $327,865
.. so
Local/In-Kind $0
Starr. ........
State/In-Kind $0
Other FederalOD
.!
Transportation Development Credit $81,966
Total Eligible Cost $327,865
Project Budget
............................ .. _
Total
Project Number Budget Item FTA Non-FTA Eligible Quantity
Amount Amount Amount
Cl�2p!$7PB-G3 GC �� "-N41t. N139MCK 5327,985.00 $o-00 3377,9 i bo 8
CA-2018-126-03-00 11 13 04 BUY $123,30800 $0.00 $123,308 00 2
CA-2018-126-03-00 11 1315 BUY VAN FOR SVC $204,55700 $0.00 $204,557 00 6
EXPANSION
Project Budget Activity Line Items
Budget Activity Line Item:11.13.15-BUY VAN FOR SVC EXPANSION —71
Scope Name/Code Line Item# Line Item Name Activity Quantity
BUS-ROLLING STOCK(111-00) 1113.15 BUY VAN FOR SVC EXPANSION BUY EXPANSION-CAPITAL BUS 6
Extended Budget Description
Purchase six(6)Braun Entervans
Will 3rd Party contractors be used to fulfill this activity line item?
Yes,3rd Party Contractors will be used for this line item
Propulsion Fuel Type Vehicle Condition Vehicle Size(ft.)
N/A Gasoline New 17'Van
Funding Source Section of Statute CFDA Number Amount
49 USC 5310-(MAP 21)Fonnula Grants for Enhanced Mob of Sr.&Ind w Disab 5310-1A 20513 $204,557
Local
Local/In-Kind $0
State/In-Kind $0
or
Transportation Development Credit $51,139
Total Eligible Cost $204,557
Milestone Name Est.Completion Date Description
All Vehicles Delivered 12/31/2019 All vehicles delivered to UCPCC and all vehicles pass inspection and are built
according to specifications.
As:k *10PAW 212872020 All bus.mvptmm pall.
Budget Activity Line Item:11.13.04-BUY
Scope Name/Code Line Item# Line Item Name Activity Quantity
BUS-ROLLING STOCK(111-00) 11 1304 BUY BUY EXPANSION-CAPITAL BUS 2
Extended Budget Description
Purchase two(2)Starcraft Class C Buses.
Will 3rd Party contractors be used to fulfill this activity line item?
Yes,3rd Party Contractors will be used for this line item
Propulsion Fuel Type Vehicle Condition Vehicle Size(ft.)
N/A Gasoline New <30'
Funding Source Section of Statute CFDA Number Amount
49 USC 5310-(MAP 21)Fonnula Grants for Enhanced Mob of Sr.&Ind.w Disab 5310-1A 20513 $123,308
Local/In-Kind $0
State/In-Kind $0
Transportation Development Credit $30,827
Total Eligible Cost $123,308
Milestone Name Est.Completion Date Description
I.All vehicles delivered 12/31/2019 Al vehicles delivered to UCP and all vehicles pass inspection and are built
according to specifications
A11MV11t ie PW 21MM Q AAbtirWxWmpW
Project Environmental Findings
Finding:Class 11(c)-Categorical Exclusions(C-List)
Class Level Description
Class II(c)consists of projects called categorical exclusions(CEs)which are known not to have,either individually or cumulatively,a significant
environmental impact on the human or natural environment and are therefore categorically excluded from the requirement to prepare an
environmental assessment or an environmental impact statement Class II(c)does not require documentation.
Categorical Exclusion Description
Type 07:Acquisition,installation,rehabilitation,replacement,and maintenance of vehicles or equipment,within or accommodated by existing
facilities,that does not result in a change in functional use of the facilities,such as:equipment to be located within existing facilities and with no
substantial off-site impacts;and vehicles,including buses,rail cars,trolley cars,ferry boats and people movers that can be accommodated by
existEng tacililies or by new facililies Thal qualiFy for a categorical exclusion.
Date Description Date
Class Ilc CE Approved
Project Title:WestCare California, Inc. Disabled Client Bus Purchase
Project Number Temporary Project Number Date Created Start Date End Date
CA-2018-126-04-00 1612-2017-1-P4 8/30/2017 12/31/2019 2/28/2020
Project Description
The purchase of one(1)Class D Minivan-ElDcrado Mobility Amerivan with a power sliding door and wheelchair lift or ramp.
Project Benefits
This funding will replace an older vehicle with 535,641 miles on it.With this new vehicle,our clients will have a more reliable vehicle to transport
them to their various programs.WestCare provides housing,substance abuse services and independent living skills for parolees who are at risk of
becoming or are homeless.WestCare provides transportation to their clients and if necessary their clients children.Their clients require
transportation to the residential centers the moment they are released from various correctional institutions and/or mental health programs to
support programs.Often they must transport their clients during the evenings or weekends when public transportation is not available.They often
need door to door transportation with their disabled clients which public transportation does not provide
Additional Information
None provided.
Location Description
WestCare's program operates within the Fresno Clovis Metropolitan Area.
Project Location(Urbanized Areas)
LIZA Code Area Name
060000 California
089800 r'rusna.CA
Congressional District Information
State District Representative
California 4 Tom McClintock
calf mia 16 Jim
California 21 David G Valadao
CEtlltomla 22 tiavin
Project Control Totals
Funding Source Section of Statute CFDA Number Amount
49 USC 5310-(MAP 21)Formula Grants for Enhanced Mob of Sr&Ind.w Disab 5310-1A 20513 $38,425
Laoe4 �-
Local/In-Kind $0
Stals -_
State/In-Kind $0
Offi r Federal
Transportation Development Credit $9,606
Total Eligible Cost $38,425
Project Budget
Project Number Budget Item FTA Non-FTA Total quantity
Amount Amount Eligible
Amount
CA-201&126 M-W (111- aWROLLMSIM
BUY
CA-2018-126-0400 11 12 15 REPLACEMENT $38,42500 $000 $38,42500 1
VAN
Project Budget Activity Line Items
Budget Activity Line Item:11.12.15-BUY REPLACEMENT VAN
Scope Name/Code Line Item# Line Item Name Activity Quantity
BUS-ROLLING STOCK(111-00) 1112.15 BUY REPLACEMENT VAN BUY REPLACEMENTS-CAPITAL BUS 1
Extended Budget Description
Purchase one(1)Class D Minivan-ElDorado Mobility Amerivan
Will 3rd Party contractors be used to fulfill this activity line item?
Yes,3rd Party Contractors will be used for this line item
Propulsion Fuel Type Vehicle Condition Vehicle Size(ft.)
N/A Gasoline New 17'Minivan
Funding Source Section of Statute CFDA Number Amount
49 USC 5310-(MAP 21)Fonnula Grants for Enhanced Mob of Sr-&Ind-w Disab 5310-1A 20513 $38,425
'0
Local/In-Kind $0
State/In-Kind $0
Transportation Development Credit $9,606
Total Eligible Cost $38,425
Milestone Name Est.Completion Date Description
All Vehicles Delivered 12/31/2019 Vehicles delivered to WestCare,vehicle passes Inspection and Is built
according to specifications
Project Environmental Findings
Finding:Class II(c)-Categorical Exclusions(C-List)
Class Level Description
Class II(c)consists of projects called categorical exclusions(CEs)which are known not to have,either individually or cumulatively,a significant
environmental impact on the human or natural environment and are therefore categorically excluded from the requirement to prepare an
environmental assessment or an environmental impact statement Class II(c)does not require documentation.
Categorical Exclusion Description
Type 07:Acquisition,installation,rehabilitation,replacement,and maintenance of vehicles or equipment,within or accommodated by existing
facilities,that does not result in a change in functional use of the facilities,such as:equipment to be located within existing facilities and with no
substantial off-site impacts;and vehicles,Including buses,rail cars,trolley cars,ferry boats and people movers that can be accommodated by
exatin facilities or by new facilities Thal qualify for a categorical exclusion
Date Description Date
Class Ilc CE Approved
Part 4: Fleet Details
Fleet Type:Fixed Route
Fleet Comments
None provided.
Current Value
. ..............
i ACV" low
A Peak Requirement 81
8 Spares Y 36:
C.Total(A+B) 116
V Spare Rallo( 43.21%
II Inactive Fleet
A Other
--------------------
B.Pending Disposal 20
C ra181[�^BY
Total(I.0 and II.C)---
138
--------------------------------
Fleet Type:Paratransit
Fleet Comments
None provided.
Current Value
L Active Fleet e
A Peak Requirement 47
B.Spares
C Total(A+B) 55
D.Spare Rolla(91A) -
II Inactive Fleet
A Other
B Pending Disposal 2
C-Teft W+B)
ilk Total(I.0 and II.C) 57
Part 5: FTA Review Comments
Application Review Comments
Comment By Margaret Arnest
.......................
Comment Type Application Details
tiara 3is12D1 s
Comment The information you requested in the comment dated Feb 22,2018 has been entered
Fresno COG's C&A's were certified March 2,2018
Comment By Margaret Arnest
Comment Type Application Details
Date 7 2812[118
Comment I cannot change who at FTA reviews this application Can you?If not,can you please send it to someone who can?
Application Review Comments
Comment By lucinda.eagle@dot.gov
Comment Type FTA Post Review Comments for Grantee
Date 2/2210le
Comment Add description of project and funds to the Executive Summary And identify the vehicles to be replaced with VIN numbers
and mileage Upload FY18 C&A's under Recipient Documents
Comment By lucinda.eagle@dot.gov
Comment Type FTA Post Review Comments for Grantee W
Date 7rL8✓•201 B
Comment The new FTA Planner for the County of Fresno is Cecilia Crenshaw
Part 6: Agreement
UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
FEDERAL TRANSIT ADMINISTRATION
GRANT AGREEMENT
(FTA G-24,October 1,2017)
On the date the authorized U S Department of Transportation,Federal Transit Administration(FTA)official signs this Grant Agreement,FTA has
obligated and awarded federal assistance as provided below Upon execution of this Grant Agreement by the Recipient named below,the
Recipient affirms this FTA Award,enters into this Grant Agreement with FTA,and binds its compliance with the terms of this Grant Agreement.
The following documents are incorporated by reference and made part of this Grant Agreement:
(1)"Federal Transit Administration Master Agreement,"FTA MA(24),October 1,2017,http://www.transit-dot-gov,
(2)The Certifications and Assurances applicable to the FTA Award that the Recipient has selected and provided to FTA,and
(3)Any Award notification containing special conditions or requirements,if issued.
WHEN THE TERM"FTA AWARD"OR"AWARD"IS USED,EITHER IN THIS GRANT AGREEMENT OR THE APPLICABLE MASTER
AGREEMENT,"AWARD"ALSO INCLUDES ALL TERMS AND CONDITIONS SET FORTH IN THIS GRANT AGREEMENT.
FTA OR THE FEDERAL GOVERNMENT MAY WITHDRAW ITS OBLIGATION TO PROVIDE FEDERAL ASSISTANCE IF THE RECIPIENT
DOES NOT EXECUTE THIS GRANT AGREEMENT WITHIN 90 DAYS FOLLOWING FTA's AWARD DATE SET FORTH HEREIN.
FTA AWARD
Federal Transit Administration(FTA)hereby awards a Federal Grant as follows:
Recipient Information
Recipient Name: Council Of Fresno County Governments
Recipient ID. 1612
.DUNS.N.o. 625202747
Award Information
Federal Award Identification Number: CA-2018-126-00 !
Award Name: 5310 Vehicle Purchases 2017
Award Start Date: 8/14/2018
Award End Date: 9/30/2020
Award Executive Sumrnary: This application requests$1,323,214 in FY16,17,and 18 Section 5310 funds.Funds will be used for 4 vehicle
purchasing projects
Start Date is:The Award Start Date is the same as the date of award.End Date is:9/30/2020.Fresno Council of Governments is a Designated
Recipient.This Application for Section 5310 Federal Assistance is consistent with the suballocation identified in the governor Distribution Letter
dated April 23,2014 and attached to this application,This Application does NOT include funds for Research and/or Development Activities.
Indirect Costs Will NOT be applied to this application and its scope of work.This award will be used by City of Fresno Department of
Transportation,Fresno Economic Opportunities Commission,United Cerebral Palsy Central California and WestCare California to purchase
vehicles to provide transportation for the elderly and the disabled.
Project 1:Fresno Area Express will be using$432,676 in FTA funding and$108,324 in local funds to purchase six(6)paratransit cutaway buses,
including accessibility equipment and six(6)radio/automatic vehicle locator equipment,camera equipment,and associated wiring and replacing
the following vehicles:
#VIN#Mileage
1 1 FDXE45S17DB49307 395,724
2 1 FD4E45S28DA52883 247,601
3 1 FD4E45S48DA54907 287,491
4 1 FD4E45S28DA52878 291,903
5 1 FD4E45S8BDA01403 105,016
6 1 FDXE45S05HA60088 195,016
Project 2:Fresno Economic Opportunities Commission will be using$346,141 in FTA funding and$86,535 in Transportation Development Credits
to purchase six(6)new Creative Starcraft Class C 16 passenger buses with wheelchair lifts and replacing the following vehicles:
#VIN#Mileage
1 1 FDXE45S1 5HB1 9472 250,848
2 1 FDXE45SX6HB23988 228,553
3 1 FDXE45S16HB23989 223,716
41 FDXE45SX6HB23991197,164
5 1 FDXE45S36HB23993 185,222
6 1 FDXE45S56HB23994 196,370
Project 3:United Cerebral Palsy Association of Central California will be using$327,865 in FTAfunding and$81,966 in Transportation
Development Credits to expand their services as they open a new senior center in Fresno,The new vehicles will not be replacement vehicles.
Project 4:WestCare California,Inc.will be using$38,425 in FTAfunding and$9,606 in Transportation Development Credits to purchase a one(1)
Class D Minivan-ElDorado Mobility Amerivan with a power sliding door and wheelchair lift or ramp and replacing the following vehicle:
#VIN#Mileage
1 1 GNDV23157D139120 535,641
Research and Development- This award does not include research and development activities.
Indirect Costs: This award does not include an indirect cost rate.
uhallocatgon Fumds: Recipient organization is the Designated Recipient and can apply for and receive these apportioned funds
Pra,Award Authority: This award is not using Pre-Award Authority.
Award Budget
Total Award Sudpet $1,253,431.00
Amount of Fgdera_t_Assgtance Obligated for Th1s.FTA Action[in U.S Dollafs}: $1,145,107.00
Amount of Non-Federal Funds Committed to This FTA Action(in U.S.QbllaM) $108,324,00
Total FTAAmount Award act and Otyllaaled[in U.S Dollars)- $1,145,107.00
Total Non-Federal Funds Committed to the Overall Award lin U.S Dollars]: $108,324.00
Award Budget Control Totals
(The Budget includes the individual Project Budgets(Scopes and Activity Line Items)or as attached)
Funding Source Section of Statute CFDA Number Amount
49 USC 5310-(MAP 21)Fornula Grants for Enhanced Mob of Sr.&Ind.w Disab 5310-1A 20513 $1,145,107
Local
Local/In-Kind .. —.......—...--_...__ .......... :::... ......:............................................................ $0
.StYh r.
State/In-Kind
..................... ...... ........ ... ... ... ................... ............................. ........ ..
01M
-------------
Transportation Development Credit $264,642
Total Eligible Cost $1,253,431
(The Transportation Development Credits are not added to the amount of the Total Award Budget)
U.S.Department of Labor Certification of Public Transportation Employee Protective Arrangements:
Original Certification Date:
Special Conditions
There are no special conditions-
FINDINGS AND DETERMINATIONS
By signing this Award on behalf of FTA,I am making all the determinations and findings required by federal law and regulations before this Award
may be made.
FTA AWARD OF THE GRANT AGREEMENT
Awarded By:
bemardo.bustamante@dot gov
Supervisory Transportation Program Specialist
FEDERAL TRANSIT ADMINISTRATION
U S.DEPARTMENT OF TRANSPORTATION
Contact Info:bernardo.bustamante@dot gov
Award Date:6/14/2018
EXECUTION OF THE GRANT AGREEMENT
Upon full execution of this Grant Agreement by the Recipient,the Effective Date will be the date FTA or the Federal Government awarded Federal
assistance for this Grant Agreement
By executing this Grant Agreement,the Recipient intends to enter into a legally binding agreement in which the Recipient:
(1) Affirms this FTA Award,
(2) Adopts and rates all of the following information it has submitted to FTA:
(a) Statements,
(b) Representations,
(c) Warranties,
(d) Covenants,and
(e) Materials,
(3) Consents to comply with the requirements of this FTA Award,and
(4) Agrees to all terms and conditions set forth in this Grant Agreement
Executed By:
Les Beshears
Finance Director
Council Of Fresno County Governments
6/1412018
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