INDEPENDENT CONTRACTOR Contract for Services THIS AGREEMENT, is made and entered into this ____day of ___________ , 2005, by and between the Michiana Area Council of Governments (hereinafter referred to as “MACOG") and ___________________ (hereinafter referred to as " the Company"). This agreement is also made by MACOG for and on behalf of the Cities of Elkhart and Goshen (hereinafter referred to as “the Cities”) Indiana. WHEREAS, the Cities have many citizens, not limited to, but including elderly, disabled, and under or unemployed persons who are in need of reasonably priced transportation; and WHEREAS, there are companies that are expert in providing public transportation to such individuals; and WHEREAS, MACOG has received grants from the Indiana Department of Transportation (INDOT) and the Federal Transit Administration (FTA) to develop and operate fixed route bus service in the Cities for use by the general public and which targets welfare to work clients, and elderly, disabled, and low income persons. (Federal Transit Administration programs are shown in the Catalog of Federal Domestic Assistance under Section 20.500); and WHEREAS, the Cities have budgeted matching local funds to support transportation services for said persons; and WHEREAS, MACOG receives grants from INDOT and the FTA to develop transit services, to be operated by the Company, and independent contractor, in the cities for use by the general public, and WHEREAS, the Company provides transportation services to the general public including such targeted persons; and WHEREAS, the Cities, MACOG and the Company are desire to cooperate in the provision of fixed route bus service; NOW, THEREFORE, MACOG and the Company agree as follows: 1. Term of Agreement. The term of this agreement shall be from January 1, 2009 until either December 31, 2011 or until grant funds for this program are expended or become unavailable, which ever occurs first.
2. Minimum Requirements. The Company herein certifies that it has meets the following minimum participation requirements as established by MACOG and the Cities: A. Proof of five (5) years of continuous properly licensed service operation.
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The Company will operate MACOG owned, lift-equipped trolley buses as identified in the Contract for Equipment Lease By and Between Michiana Area Council of Governments and the Company. Said contract is made part of this agreement as Attachment 5. The Company will equip these buses at its own expense with two-way mobile communications. The Company will ensure that lift equipment on each trolley bus is maintained for daily operation. Drivers shall cycle the lift at least one time at the beginning of their work shift. The Company will immediately notify the MACOG of service delays, and/or inoperable lift equipment. The Company will immediately replace inoperable equipment with a replacement bus and operable lift. The Company must have a non-toll telephone number listed in the local telephone directory. Proof of public liability insurance in the minimum amount of $5,000,000 combined single limit with excess liability of $5,000,000 or more and proof of premium payments providing coverage for the contracted vehicles. The Company shall show proof of insurance acceptable to the MACOG with this agreement. Any addendum or coverage change to the Company's insurance must be immediately forwarded to the MACOG. See Attachment 5 which is made part of this agreement for the minimum trolley bus insurance requirements.
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Independent Contractor Status The Company is an Independent Contractor and does not have nor does this contract create any employment relationship between the Company and the MACOG. The Company shall be solely responsible for compliance with all laws and regulations including but not limited to all licensing, permits, fees, insurance, withholding taxes, federal, state and local taxes, payroll taxes, and any other obligations specifically provided herein.
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Operating Requirements. The Company shall meet the following requirements: A. The bus service will be open to the general public without regard to race, creed, national origin, sex or age or disability of the individual rider. Weekday service (Monday through Friday) will be operated beginning the first run at 5:00 a.m. and ending the last run at 7:55 p.m. Saturday service will be operated beginning the first run at 5:30 a.m. and ending the last run at 6:50 p.m. No Sunday or holiday service will be operated.
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Bus Requirements 1. Thirty - minute headways shall be maintained throughout the operating day on both weekdays and Saturdays, for the Interurban Trolley route between Elkhart and Goshen. Four MACOG owned lift-equipped trolley buses, leased to the Company, shall be used on this route. 2. Sixty-minute headways shall be maintained on the North Pointe route throughout the operating day, on weekdays and Saturdays. One MACOG owned lift-equipped trolley bus, leased to the Company, for use on this route. 3. One MACOG owned trolley bus may be used as a spare bus and may be used only on the MACOG or Concord Township bus routes. Two Companyowned lift-equipped vehicles must always be made available as spare buses, in case the spare trolley bus is in use. However, in all cases the spare trolley bus should be used when a breakdown occurs, and the Company’s spare(s) being used when multiple breakdowns occur. 4. MACOG plans to procure two new trolley buses to operate an expansion route planned for implementation in late 2008 or early 2009. These vehicles will be covered by this contact and added to the vehicle lease shown in Attachment 5.
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No service will be operated on the following six holidays: New Year’s Day, Memorial Day (observed), 4th of July (observed), Labor Day, Thanksgiving Day, and Christmas Day. The Company will operate normal hours on Christmas Eve and New Year’s Eve. Fares: A base fare of $1.00 one-way shall be charged throughout the operating day. Disabled and elderly (aged 65 and older) persons and persons who have a Medicare card will be charged half-fare during non-peak hours, which are currently defined as between the hours of 5:00 am and 7:00 am, 11:am and 3:00pm and 6:00pm-7:00pm. These defined time periods may change as directed by the MACOG at any time to conform to actual ridership patterns. Fixed route service will be maintained, with designated routing and bus stops as described in Attachment 1. Actual bus stop locations will be designated with the cooperation of the Company. Transfers: Individuals may transfer between the contracted fixed bus routes and the Concord Township Bus at designated transfer sites described in Attachment 1. Transfers between the two transit services will be issued to riders at no extra cost.
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Bus drivers will audibly call out the names of major stops in compliance with ADA requirements. A list of major stops will be supplied to each driver. The Company must consistently comply with this requirement Program descriptions or elements herein are subject to change during the course of this agreement at MACOG’s discretion. All changes will be identified to the Company in writing.
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Obligations of the Company. A. B. The Company will govern vehicle staging and dispatching. All bus drivers operating the contracted vehicles shall be CDL licensed and shall wear appropriate uniforms as proscribed by the Company The Company agrees to train its employees in CPR and first aid at the Company's expense within the first ninety (90) days of the driver’s hire. The Company agrees to train its personnel in all aspects of equipment operation and safety, including proper wheelchair securement. Furthermore, the Company will train its employees to be courteous and respectful to all persons including those with disabilities. Interruption of Service: In the event of a business or service interruption the Company is required to notify MACOG immediately. MACOG reserves the right to terminate this contract if the business interruption continues for a period of 24 hours or more, or for any other reason. Service interruptions which result in a failure to provide the services identified in this agreement that exceed 12 hours shall be charged a penalty rate of $1,000 per bus per day to the Company. MACOG will not pay for services not provided.
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Cost of Contracted Service. A. An hourly rate of $______ per revenue vehicle hour will be paid for the duration of this contact. The Company may not increase the fare rates set within this contract without the written consent of MACOG.
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Reporting Requirements. A. Billing procedures: An invoice and claim form shall be submitted to MACOG bimonthly. Payment periods are from the 1st to the 15th of each month and from the 16th to the last day of each month. Each invoice shall state the total number of revenue vehicle hours and the associated costs for the period. Fare revenue collected shall be stated on each invoice. Fare revenue shall be applied to the total cost of the service for the period.
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Each invoice shall also include the following data for each reporting period: the number of passenger trips, the number of transfers and tokens used, the number of total vehicle hours, the number of revenue vehicle hours, the number of vehicle trips, the number of total miles, and the number of revenue miles. An example of the billing sheet is attached. Invoices received by MACOG within four (4) working days of the end of the payment period, if approved, will be paid within thirty (30) working days of receipt. Any invoices submitted by the Company to MACOG later than four (4) working days after the end of the payment period will be processed during the next payment period by MACOG. Other payment arrangements may be made by mutual agreement. The Company will cooperate with MACOG to gather operating statistics to comply with the data needs for reporting to the Federal Transit Administration. The Company will ensure those drivers operating buses in the contract service shall maintain driver logs indicating passenger boarding and alighting locations. Proper forms for notation of this information will be provided to the Company. The Company shall also allow MACOG personnel periodic access to the service to perform onboard passenger counts, surveys, and vehicle and lift checks. The Company agrees to allow access to and inspection of all records associated with the fixed route service contract, as requested by MACOG. The Company agrees to maintain all leased vehicles, equipment and lift equipment in good repair so that at all times they are considered in safe operating condition. Preventive maintenance intervals proscribed by the vehicle manufacturer shall be followed. A copy of the Company’s preventive maintenance procedures shall be provided to MACOG. Additionally, the Company shall allow the MACOG, or its agents, the right of inspection of this equipment at anytime. Individual vehicle records shall be maintained for each of the leased vehicles, including the lift equipment, indicating all maintenance performed and the associated costs. The Company shall allow MACOG or its agents the right to inspect these vehicle records at its request. MACOG will provide a list of required data.
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Additional Terms. A. The Company, as an Independent Contractor, agrees to indemnify and save harmless the MACOG, the Cities, Concord Township, INDOT, and FTA against any claims for injury or damage resulting from its operation of this service and shall provide the MACOG with a Certificate of General Liability Insurance
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specifying the limits of its coverage as required by this contract and Indiana Utility Regulatory Commission regulations. Such limits shall be in amounts that are acceptable to the MACOG and to the City. (See item 2F.) Any and all lapses in the insurance must be reported immediately to the MACOG. B. The Company may not accept third party payment for rider fares. All fares are to be paid in exact change at the time of service. One-dollar bills will be accepted if the fare boxes can accommodate them. Drivers are not required to carry change. The Company agrees that no package delivery will be operated under this contract. Passenger transportation only shall be offered under this contract. A one-way trip is defined as unduplicated from an origination point to destination point. Laws to be Observed: The Company shall make itself familiar with and at all times shall observe and comply with all Federal, State and Local laws and ordinances and regulations which, in any manner, govern or affect the conduct of the work and shall indemnify and save harmless the Cities, Concord Township, and MACOG, as well as INDOT and FTA, against any claim arising from the violation of any such law, ordinance or regulation whether by itself or by its employees. Permits and Licenses: The Company shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incident to the due and lawful operation of the program. Insurance: The Company shall procure and maintain liability insurance in such amount, as the MACOG requires, with MACOG added as additional insured on the policy. The Company shall meet or exceed the insurance requirements in the Contract for Equipment Lease, by and between MACOG and the Company, which is attachment 5 and herein made part of this contract. Specific insurance levels required are specified in Section 2 F of this contract. The Company shall indemnify and save harmless the Cities, Concord Township, MACOG, INDOT and FTA from and against all losses, claims, damages, and expenses, including attorney's fees, arising out of or resulting from the performance of the program that results in bodily injury, sickness, disease, death or injury to or destruction of tangible property, including the loss of use resulting there from and is caused in whole or in part by the Company or anyone directly or indirectly employed by it or anyone for whose acts any of them may be liable. The Company shall not commence work under this contract until it has obtained insurance as required under this contract, provided a signed binder and duly approved by the MACOG in writing.
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Subletting or Assigning of Contract: The Company shall not assign, sell, sublet, transfer or otherwise dispose of the contract or any portion thereof or interest therein without the written approval of the MACOG. Modification of Agreement: This agreement may be modified by mutual consent of the parties in order to meet the changing transit needs of the Cities. This agreement shall terminate if the funds to be provided by FTA, INDOT, and/or the Cities are exhausted or become unavailable prior to December 31, 2011. Disadvantaged Business Enterprise: The Company will cooperate with MACOG in meeting its commitments and goals with regard to the maximum utilization of disadvantaged business enterprises (including minority and women's business enterprises) and will use its best efforts to ensure that disadvantaged business enterprises shall have the maximum practicable opportunity to compete for all subcontract work as it relates to this contract. Best efforts to meet the goals shall be submitted to the MACOG and will be documented in accordance with the federal DBE requirements. Americans with Disabilities Act (ADA): The Company agrees to comply with the requirements of 49 U.S.C. § 5301(d) and the Americans with Disabilities Act of 1990, as amended, which express the Federal policy that the elderly and persons with disabilities have the same right as other persons to use mass transportation service and facilities.
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Civil Rights A. Nondiscrimination in Federal Transit Programs – The Company agrees to comply with the provisions of 49 U.S.C. 5332, which prohibits discrimination on the basis of race, color, creed, national origin, sex, or age, and prohibits discrimination in employment of business opportunity. Nondiscrimination – Title VI of the Civil Rights Act – The Company agrees to comply with, and assure compliance by each third party contractor at any tier and such sub-recipient at any tier under the Programs, with all requirements prohibiting discrimination on the basis of race, color, or national origin of Title VI of the Civil Rights Act of 1965, as amended, 42 U.S.C. 2000d, and U.S. DOT regulations, “Nondiscrimination in Federally-Assisted Programs of the Department of Transportation – Effectuation of Title VI of the Civil Rights Act” 40 CFR, Part 21, and any implementing requirements FTA may issue. Equal Employment Opportunity - The Company agrees to comply with, and assures the compliance of each third party contractor at any tier and such subrecipient at any tier, with all requirements of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e, and 59 U.S.C. 5332 and any implementing requirements FTA may issue. Those equal employment opportunity (EEO) requirements include, but are not limited to, the following:
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(1) General Requirements. The Company agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, sex, disability, age or national origin. The Company agrees to take affirmative action to ensure that applicants are employed and that employees are treated during employment, without regard to their race, color, creed, sex, disability, age national origin. Such action shall include, but not be limited to, employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Company also agrees to comply with any implementing requirements FTA may issue. D. Disadvantaged Business Enterprise. The Company agrees to take the following measures to facilitate participation by disadvantaged business enterprises (DBE) in the Programs: (1) The Company agrees to comply with section 1101 (b) of TEA-21, 23 U.S.C. 101 note, current U.S. DOT regulations on DBE participation in U.S. DOT financial assistance programs, at 49 C.F.R. Part 23 or another Part if reissued, and any requirements or guidance FTA may issue. The Company agrees that it will not discriminate on the basis of race, color, national origin, or sex in the award and performance of any third party contract, or sub-agreement financed with Federal assistance derived from the U. S. DOT. The Company agrees to take all necessary and reasonable steps required by U.S. DOT regulations to ensure that eligible DBEs have the maximum feasible opportunity to participate in third party contracts financed with Federal assistance derived from U.S. DOT. E. Nondiscrimination on the Basis of Sex. To the extent applicable, the Company agrees to comply with Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681, 1683, and 1685 through 1687, which prohibit discrimination on the basis of sex, and any Federal requirements that may be promulgated. Nondiscrimination on the Basis of Age. The Company agrees to comply with the applicable requirements of the Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 through 6107, and implementing regulations, which prohibits discrimination on the basis of age. Access Requirements for Persons with Disabilities. The Company agrees to comply with the requirements of 49 U.S.C. 5301 (d) which expresses the Federal policy that the elderly and persons with disabilities have the same right as other persons to use mass transportation service and facilities, and that special efforts shall be made in planning and designing those services and
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facilities to implement those policies. The Company also agrees to comply with all applicable requirements of section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of handicaps, and with the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. 12101 et seq., which requires the provision of accessible facilities and services, and with the following Federal regulations including any amendments thereto: (1) U.S. DOT regulations, “Transportation Services for Individuals with Disabilities (ADA), “49 C.F.R. Part 37; (2) U.S. DOT regulations, “Nondiscrimination on the basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance, “49 C.F.R. Part 27; (3) Joint U.S. Architectural; and Transportation Barriers Compliance Board/U.S. DOT regulations, “Americans With Disabilities (ADA) Accessibility Specifications for Transportation Vehicles, “ 36 C.F.R. Part 1192 and 49 C.F.R. Part 38; (4) U.S. DOJ regulations, “Nondiscrimination on the basis of Disability in State and Local Government Services, “ 28 C.F.R. Part 35; (5) U.S. DOJ regulations, “Nondiscrimination on the basis of Disability by Public Accommodations and in Commercial Facilities, “ 28 C.F.R. Part 36; (6) U.S. GSA regulations, “Accommodations for the Physically Handicapped,” 41 C.F.R. Subpart 101-19; (7) U.S. Equal Employment Opportunity Commission, “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29 C.F.R. Part 1630; (8) U.S. Federal Communications Commission regulations, “Telecommunications Relay Services and Related Customer Premises Equipment for the Hearing and Speech Disabled,” 47 C.F.R. Part 64, Subpart F; and (9) FTA regulations, “Transportation for the Elderly and Handicapped Persons,” 49 C.F.R. Part 609. (10) Any implementing requirements FTA may issue. H. Confidentiality and Other Civil Rights Protections Relating to Drug or Alcohol Abuse or Alcoholism. The Company agrees to comply with the confidentiality and other civil rights provisions of the Drug Abuse Office and Treatment Act of 1972, Pub. L. 92-255, March 21, Rehabilitation Act of 1970, Pub. L. 91-616,
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Dec. 31, 1970, and the Public Health Service Act of 1912, 42 U.S.C. 290dd-3, including any amendments to these acts. I. Other Nondiscrimination Statues. The Company agrees to comply with any other nondiscrimination statute(s) that may apply to the Program. Americans With Disabilities Act: The Company shall comply with all applicable ADA rules and regulations. All contract service providers must provide an acceptable number of accessible vehicles and must adhere to the six service criteria identified in the ADA guidelines continually throughout the contract period. Failure to comply at any time will result in automatic termination of this contract. This also includes transporting persons using a “common mobility device” which is described as having a combined weight (including the person and the mobility device) of less than 600 pounds and fitting within an area 48” high x 30” wide. Persons using portable oxygen will also be transported. Ambulatory persons who request use of a lift or ramp for boarding must be accommodated and need not be placed in a wheelchair to do so.
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10. Drug and Alcohol Testing: The Company must comply with FTA drug and alcohol testing regulations in compliance with the Drug and Alcohol Rules contained in 49 CFR Part 40 and 49 CFR Part 655. This involves testing safety-sensitive employees for drug use or alcohol abuse. The types of testing required include pre-employment, post-accident, random, reasonable suspicion and return to duty/follow up testing. Testing for drugs (marijuana, cocaine, opiates, amphetamines, or PCP) must be done by urinalysis in a federally certified laboratory. Testing for alcohol must be done with an evidential breath-testing device by a trained breath alcohol technician. The MACOG will assist the Company with the implementation of this program. 11. Substance Abuse Certifications A. Alcohol Testing Certification: As required by FTA regulations, “Prevention of Alcohol Misuse in Transit Operations,” at 49 CFR 655 Subpart D, the Company certifies that it has or will have, before January 1, 1996, established and implemented an alcohol misuse prevention program complying with the requirements of 49 CFR Part 40. Anti-Drug Program Certification: As required by FTA regulations, “Prevention of Prohibited Drug Use in Transit Operations” at 49 CFR 655 Subpart C, the Company certifies that it has or will have, before January 1, 1996, established and implemented an anti-drug program and has conducted employee training complying with the requirements of 49 CFR Part 40. The Company’s failure to enforce its Drug Testing program may result in contract termination.
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Charter Service Agreement: The Company agrees not to provide charter services using FTA funds, Elkhart or Goshen City funds, INDOT funds or PMTF funds. Use of these funds is strictly prohibited for exclusive group rides. No third party payments
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may be accepted in payment of fares. Neither shall the MACOG leased vehicles be used for charter services. 13. School Transportation Agreement: The Company agrees not to provide exclusive school transportation services using FTA funds, Elkhart or Goshen City funds, or INDOT PMTF funds or with MACOG leased vehicles. Remedies: Time and performance are of the essence in this contract. If The Company breeches any of the promises hereof or obligations herein, the MACOG may terminate this contract with 48 hours written notice to the Company. Such notice will render this contract null and void. In the event the MACOG terminates this contract as provided, and elects to enforce its terms, The Company shall pay all costs and expenses incurred by MACOG in such proceedings, including reasonable attorney's fees. Project Implementation A. Application of Federal, State and Local Laws and Regulations Federal Laws and Regulations – The Federal law or laws authorizing project approval identified in the award section of the FTA contract control the Programs implementation. The Company acknowledges that Federal laws, regulations, policies, and related administrative practices applicable to the Programs on the date of the signed contract may be modified from time to time. The Company agrees that the most recent of such Federal requirements will govern the administration of the Programs at any particular time, except if FTA issues a written determination otherwise. Such written determination might take the form of a Special Condition or Requirement within the contract or a letter signed by the Federal Transit Administrator, the language of which modifies or otherwise conditions the text of a particular provision of the FTA Master Agreement. In particular, new Federal laws, regulations, policies, and administrative practices may be promulgated after the date when the Company executes this contract, and may, by their terms, apply to this contract. To accommodate changing Federal requirements, the Company agrees to include notice in each agreement with each third party contractor under the Programs that Federal requirements may change and the changed requirements will apply to the Programs as required, unless the Federal Government determines otherwise. All standards or limits within the FTA Master Agreement have no expiration date and remain in effect even if certain provisions are modified or superseded by subsequent Federal requirements. B. No Federal Government Obligations to Third Parties. The Company agrees that, absent the Federal Government’s express written consent, the Federal Government shall not be subject to any obligations or liabilities to any subrecipient, any third party contractor, or any other person not a party to the contract in connection with the performance of the Programs. Notwithstanding, any concurrence provided by the Federal Government in or approval of any
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solicitation, sub-agreement or third party contract, the Federal Government continues to have no obligations or liabilities to any party, including the subrecipient and third party contractor. 16. Ethics Debarment and Suspension – The Company agrees to comply with the requirements of Executive Orders Nos. 12549 and 12689, “Debarment and Suspension,” U.S.C. 6101 note, and U.S. DOT regulations on Debarment and Suspension at 49 C.F.R. Part 29. The Company shall complete Attachment 2 to certify to this section. 17. Restrictions Against Lobbying – The Company agrees to comply with the requirements of U.S. DOT regulations “New Restrictions on Lobbying” at 49 CFR 20.110 and shall complete Attachment 3 to certify to this section. 18. False or Fraudulent Statements or Claims. The Company acknowledges that the requirements of the Program Fraud Civil Remedies Act of 1986, as amended, 31 USC 3801 et seq. and U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 CFR, Part 31, apply to its actions pertaining to the Programs. Accordingly by signing the contract, the Company certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, or it may make pertaining to the Programs covered by the contract. In addition to other penalties that may apply, the Company also acknowledges that if it makes a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986, as amended, on the Company to the extent the Federal Government deems appropriate. 19. Procurement - Access to Third Party Contract Records – The Company agrees to require its third party contractors and third party subcontractors at as many tiers as may be required to provide access to third party procurement records to comply with the requirements of 49 U.S.C. 5325 (a), which requires that the Secretary of Transportation and the Comptroller General of the United States, or their duly authorized representatives, be permitted to audit and inspect all records related to any third party contract for a capital project or improvement that was not awarded on the basis of competitive bidding. In addition, the Company agrees to require its third party contractors and third party subcontractors at as many tiers as may be required to provide sufficient access to third party procurement records to ensure compliance with 49 C.F.R. 18.36 or 49 C.F.R. 19.48. 20. Terms: The terms used in this contract have the meaning defined in FTA C.4220.1E, Third Party Contracting Requirements. 21. Transit Employee Protective Arrangements. Because the contract indicates that U.S. DOL transit employee protective arrangements apply to transit operations performed in connection with the Programs, the Company agrees to comply with the following requirement below applicable to this project:
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Standard Transit Employee Protective Agreements. To the extent that transit operations are involved in the Programs, the Company agrees to implement the Programs in compliance with the terms and conditions determined by the Secretary of Labor to be fair and equitable to protect the interests of any employees affected by the Programs and meet the requirements of 49 U.S.C. Section 5333(b), and U.S. DOL guidelines, “Section 5333(b), Federal Transit Law,” 29 C.F.R. Part 215 and any amendments thereto. These terms and conditions are identified in U.S. DOL’s certification of transit employee protective arrangements to FTA, the date of which is set forth in the FTA Grant Agreement. The Company agrees to implement the Programs in compliance with the conditions stated in the U.S. DOL certification. That U.S. DOL certification and any documents cited therein are incorporated by reference and made part of this contract. The requirements of Subsection 23.d (1) of the FTA Master Agreement do not apply to elderly and persons with disabilities formula projects authorized by 49 U.S.C. Section 5310(a)(2) or to non-urbanized area formula projects authorized by 49 U.S.C. Section 5311; separate requirements for those projects are contained in Subsections 23.d(2) and 23.d(3) of the FTA Master Agreement.
22. Termination. Termination Provisions for all contracts that are for more than $10,000 must meet 49 CFR Part 18. IN WITNESS WHEREOF, the parties hereto have executed the agreement the day and year first above mentioned.
Michiana Area Council of Governments
The Company
By: Sandra M. Seanor, Executive Director
By: __________________________
Dated: _______________
Dated: ____________
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ATTACHMENT 1 Routing and Timetables
(will be inserted)
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ATTACHMENT 2 Debarment, Suspension, and Other Responsibility Matters- Primary Covered Transactions As required by U.S. DOT regulations on government wide Debarment and Suspension (Nonprocurement) at 49 CFR 29.510: (1) _____________ (the Company) certifies to the best of it’s knowledge and belief, that it its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal debarment of Agency;
(b) Have not within a three year period preceding this proposal been convicted or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state or local) transaction or contract under a public transaction; violation of Federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. (c) Are not presently indited for or otherwise criminally or civilly charged by a governmental entity (Federal, state, or local) with commission of any of the offenses listed in paragraph (b) of this certification; and
(2)
The Company also certifies that if, later it becomes aware of any information contradicting the statements of paragraphs (a) through (d) above, it will promptly provide that information to FTA. If the Company is unable to certify to the statements within paragraphs (1) and (2) above, it shall indicate so on its Signature Page and provide a written explanation to FTA.
(3)
Signed: ___________________________________ Signature ________________________________ Title, Company ___________________ Date
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ATTACHMENT 3 LOBBYING CERTIFICATION A. As required by U.S. DOT regulations, “New Restrictions on Lobbying” at 49 CFR 20.110, _________________________ (The Company) certifies to the best of its knowledge and belief that in relation to its service contract for Heart City Rider and Goshen Transit Service programs: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of The Company, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress pertaining to the award of any Federal assistance, or the extension, continuation, or renewal, amendment, or modification of any Federal grant or cooperative agreement: and If any funds other that Federal apportioned funds have be paid to or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any application to FTA foe Federal Assistance, The Company assures that it will complete and submit Standard Form LLL, “Disclosure Form to Report Lobbying” including the information required by the form’s instructions.
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The Company understands that this certification is a material representation of fact upon which reliance is placed and that submission of this certification is a prerequisite for providing Federal assistance for a transaction covered by 31 U.S.C. 1352. The Company also understands that any person who fails to file a required certification shall be subject to a penalty of not less than $10,000 and not more than $100,000 for each failure. Signed: ___________________________________________________ Title Date: _______________________________, Company_____________ __________________
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ATTACHMENT 4
The Bus Operator’s Manual
(Document follows this page)
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ATTACHMENT 5
Contract for Equipment Lease By and Between Michiana Area Council of Governments And The Company
(Document follows this page)
f:\abc\macog\contract\2009\service\d10buscntr.doc
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