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HomeMy WebLinkAbout1994 S Planning - City of Durham - Contract for the Allocation of FHWA Section 104(F) Planning Funds '00� CITY OF DURHAM and COUNTY OF ORANGE CONTRACT FOR THE ALLOCATION OF FHWA SECTION 104(F) PLANNING FUNDS Dated as of July 1, 1993 NORTH CAROLINA DURHAM COUNTY CONTRACT This is a Contract between the City of Durham, a North Carolina municipal corporation (hereinafter "City") and the County of Orange, North Carolina (hereinafter "County") . This Contract is made as an interlocal cooperation agreement pursuant to Part 1, Article 20 of Chapter 160A of the General Statutes of North Carolina. The date of this Contract is July 1, 1993. For and in consideration of the mutual promises and premises hereinafter set forth, the City and County agree as follows: 1. Purpose. The purpose of this Contract is to define the allocation of Section 104 (f) planning funds received by the City for the Durham-Chapel Hill-Carrboro Metropolitan Planning Organization from the North Carolina Department of Transportation (NCDOT) and the United States Department of Transportation (USDOT) pursuant to Title 23 , U.S. Code. The tasks to be performed by the County pursuant to this Contract are described in the approved Unified Planning Work Program (UPWP) , as approved by the Durham-Chapel Hill-Carrboro Transportation Advisory Committee, as modified form time to time, and incorporated herein by reference. The County agrees to perform its work as set out in the UPWP in accordance with all federal and state requirements. 2. Method of Financing. The total amount of Section 104 (f) funds available to the Durham-Chapel Hill Carrboro Metropolitan Planning Organization will be determined annually by the North Carolina Department of Transportation (NCDOT) . The portion of these funds to be passed through to the County by the City will be determined annually by the Durham-Chapel Hill-Carrboro Transportation Advisory Committee (TAC) for planning tasks specified in the approved UPWP. The County will provide a 20% local match to receive the Section 104 (f) funds under the federal allocation. The City will reimburse the County quarterly, subject to the timely submission by the County to the City of all necessary reports and statements under the Section 104 (f) program and within thirty (30) days of receipt by the City of the quarterly payment from NCDOT under the Section 104 (f) program. 3 . Accounting Records. The County shall maintain accounting records in full compliance with the provisions of paragraphs (a) through (f) of Section 4 of the Agreement dated July 1, 1993 between NCDOT and the City of Durham titled Disbursement and Accounting of Urban Transportation Planning Funds Appropriated Under Section 104 (f) , Title 23, U.S. Code and shall also maintain all other documents necessary for federal and state audit purposes. 4. Audits. NCDOT or USDOT shall be permitted to review, inspect, or study activities of the County under the Section 104 (f) program. The County shall bear the cost of any work found not to be in compliance and the cost of any work not approved by NCDOT or USDOT. In the event an audit of expenses incurred by the County reveals costs which are not eligible for federal or state funding but for which the City has invoiced on behalf of the County and reimbursed the County, the County agrees to reimburse the City, in full. 5. Personnel. The City Manager shall designate City personnel and the County Manager shall designate County personnel as necessary to carry out the responsibilities of the City and County, respectively, under this Contract. 6. Subcontractors. The County shall comply with the Equal Opportunity Provisions for Federal-Aid Contracts in accordance with Attachment A, which is attached hereto and incorporated herein and made part of this Contract. The County shall comply with the subcontracting provisions as contained in the Federal-Aid Policy Guide, Part 172, and additions or amendments thereto. 7. Indemnification. The County shall, as permitted by law, save harmless the City and other agencies of government, other than subcontractors, from all claims and liability due to the County's negligence or that of any of its subcontractors. 8. Duration of Contract. The term of this Contract shall begin on July 1, 1993 and shall remain in effect until the Section 104 (f) planning funds are no longer available or until such time as the Contract is terminated by the parties hereto. If the term of this Contract has not expired before 11:59 P.M. on January 1, 2005, it shall expire at that time. The governing body of each party hereto has determined that duration to be reasonable. 9. Amendments. This Contract may be amended by the City and County at any time by execution of a written agreement. 10. Termination. This Contract may be terminated by either party by providing one years written notice to the other party. 11. Policy of City of Durham. (a) THE CITY OPPOSES THE PRACTICE OF APARTHEID IN THE REPIIBLIC OF SOUTH AFRICA AND URGES EACH OF ITS CONTRACTORS TO REFRAIN FROM INVESTING OR DOING BUSINESS IN THE REPIIBLIC OF SOUTH AFRICA. (b) The City opposes discrimination on the basis of race and sex and urges all its contractors to provide a fair opportunity for minorities and women to participate in their work force and as subcontractors and vendors under City contracts. 12 . Headings. All headings that appear as section numbers in this Contract are included for convenience only and shall not affect the meaning or interpretation of any of the provisions of the Contract. 13. Entire Agreement. This Contract, together with the UPWP, represents the entire and integrated agreement between the City and County. The City and County have each authorized this Contract to be duly executed under seal. PpOF DUR Q ATTEST: y.•' '" a CITY D Q Clerk TH!'Aar © City Manager ATTEST: COUNTY OF ORANGE By Clerk C my anager PREAUDIT CERTIFI ATE This instrument has been preaudited in a manner required by the Local Government Budget and Fiscal Control Act. County Finance Officer City Finance Officer NORTH CAROLINA DURHAM COUNTY This 's o ce t' y that on this day personally came before me A , with whom I am personally uain ed, rho k�eing by a duly sworn, says that 64dty / is .the City Mana r aid tha jhe sh , the said is the Clerk of the City of bur am, the municipal corporation named wit in and which executed the foregoing instrument; that he/she knows the common seal of said corporation; that the seal affixed to said instrument is said common seal; that the name of the corporation was subscribed the to a maid City Manager and that the Manager and said Clerk subscribed their names thereto and said co on eal as affixed, all by order of the City Council of the City of Durham and that said instrument is the act and deed of said corporation. ����--- Witness my hand and notarial seal, this the �'�day of 19 F V. ap`11%%1111111018, %AE� P B£T' s% r o PUBLIC °••••.•• .. Notary Public �'•.,yq COU My commission expires: 9�" g NORTH CAROLINA 015AAd 6 F_ COUNTY This is to certify that on this day personally came before me To l'. 4-� —v , with whom I am personally acquainted, who being by me duly sworn, says that bc- is the County Manager, and he/she, the said 13eUG,LL!5 is the Clerk to the Board of County om sisi sioners for the County of Orange and which executed the foregoing instrument; that he/she knows the common seal of said county; that the seal affixed to said instrument is said common seal; that the name of the county was subscribed thereto by the said County Manager and that the said County Manager and said Cow il� Clerk subscribed their names thereto and said common seal was affixed, all by order of the Board of County Commissioners of the County of Orange and that said instrument is the act and deed of said county. Witness my hand and notarial seal, this the - 7 day of -Fa btu A K Notary Public My commission expires: 3' 9 8 ATTACSrW_NT A EQUAL OPPORTUNITY PROVISIONS for FEDERAL-AID CONTRACTS 1. ,ae Pct i on of Labor During. the performance of this Agreement, the Municipality will not discriminate against labor from any other State, possession or . territory of the United States. 2. EMl oyment Practi ces • DuAng the performance of this Agreement, the Municipality agrees to. comply with all applicable provisions -of 49 CFR 21 through Appendix H and 23 CFR 710.405 (b) and the Civil Rights Act -of 1964 as amended, and agrees as follows: a. The Municipality will not discriminate against any employee or applicant for employment because of race, creed, -color or national origin. The-Municipality..will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, creed,_ color or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; 'recruitment or recruitment advertising; •layoffs, or teriiiination; rates of pay or -other forms of compensation; and selection for training, including apprenticeship. The Municipality agrees to post in conspicuous places, available' to employees and applicants for employment, notices to be provided by the State setting forth the provisions of- this nondiscrimination clause. b. The Municipality will,. in all solicitations or advertisements for employees placed by or on behalf of the Municipality, state that all qualified applicants will receive consideration for employment without regard to race, creed, color or national origin. C. The Municipality will send to each labor union or representative of workers with which he has- a collective bargaining agreement or other contract or understanding, a notice to .be provided by the State, advising the labor union or workers' representatives of the Municipality' s commitments under this Attachment and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d. The Municipality will comply with all provisions of Executive Order No_ 11246 of September 24, 1965, as amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CRF Part 60) . AttachmentlA Page 2 of 4' . e. The Municipality will furnish all information and reports required by Executive --Order No. 11246 of September 24, 1965, as amended by Executive Order 11375, and as supple- mented in Department of Labor regulations (41 CFR Part 60) , and will permit access to its books, records, and accounts by the Secretary of Labor for purposes of investigations to ascertain compliance with such rules, regulations and orders. f. In the event of the Municipality' s noncompliance with the nondiscrimination clauses of this Agreement or with any of such rules, regulations, or orders, this Agreement may be cancelled, terminated, or suspepded in whole or in part and the Municipality may be declared -ine'ligible for further Government contracts or Federally-assisted construction Agreements in accordance with procedures - ` authorized.in Executive- Order No. 11246 gf .September 24, 1965, as amended by Executive Order 11375, = and as supplemented in Department of Labor regulations (41 CFR Part 60) and such other sanctions may be imposed and remedies invoked as provided in the aforementioned Executive -Order and regulations or as otherwise provided by law,- _ g. The Municipality will include the provisions of this -paragraph 2 in •every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section- 204 of the. Executive Order No. 11246' of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. 3 . ntract-or Procurements of MatPr� als and 0 71 a i n-g of Eauipm n During the performance of this Agreement, the Municipality, for itself, its assignees, and successors in interest (herein referred to as the "Municipality"j agrees as follows: a. Compliance with Regulations: The Municipal-ity .will comply with the Regulations of the Department of Transportation relative to nondiscrimination in Federally assisted pro- grams of the Department of Transportation (Title 49, Code of Federal Regulations, Part 21 through Appendix H and 23 CFR 710 .405 (b) , hereinafter referred to as the 1Regula- tions) , which are herein incorporated by reference and made a part of .this Agreement . b. Nondiscrimination: The Municipality with regard to . the work performed by them after award and prior to completion of the Agreement work, will not discriminate on the ground of race, color, or .national origin, in the selection and retention of subcontractors, including procurements of material and leases of equipment_ The Municipality will not participate either directly or indirectly in the discrimination prohibited by Section 21 .5 of the ' - Attachment A • .i Page 3 of 4 Regulations, including employment practices when the Agreement covers a program set forth in Appendix B of the Regulations . C. Solicitations : In all solicitations either by competitive bidding or negotiations made by the Municipality for work to be performed under a subcontract, including procurement of material .or leases of equipment, each potential subcontractor, supplier, or lessor shall be notified by the Municipality of the Municipality' s obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color or national origin. d. Information and Reports: The Municipality will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of the Municipality or a Contractor is in the exclusive possession of. another who fails or refuses to furnish this information, the Municipality will so certify to the State as appropriate, and shall set. forth what efforts it has made to obtain the information. e. Sanctions for Noncompliance: In the event of the Municipality's or Contractor' s noncompliance with the nondiscrimination provisions of this paragraph 3, the State shall impose such contract sanctions as it may determine to be appropriate, including, but not limited to: (1) withholding of payments to the Municipality under the Agreement until the Municipality complies, and/or (2) cancellation, termination or suspension of the Agreement in whole or in part. f. ' Incorporation of Provisions : The Municipality will include the provisions of this paragraph 3 in every sub- contract, including procurements of materials and leases of equipment, unless exempt by the Regulations, orders, or instructions issued pursuant thereto . The Municipality will take such action with respect to any subcontract, procurement or leases as the State may direct as a means of enforcing such provisions including sanctions for non- compliance; provided, however, that in the event the Municipality becomes involved in, or is threatened with litigation with a subcontractor, or lessor as a result of such direction, the Municipality may request the State to enter into such litigation to protect the interests of the State, and in addition, the Municipality may request the United States to enter into such litigation to protect the interests of the United States . Attachment A : Page 4 of' 4 , g. For contracts and subcontracts of amounts in excess applicable $100, 000 the Municipality will comply standards, orders, or •requirements issued u Section c508nof 306 of the Clean Air Act (43 USC 1857 Executive Order 11738, regulations the Clean Water Act (33 USC 1386) , and Environmental Protection Agency g ns (40 CFR Part 15) , which prohibit the use under nonexempt Federal contracts, grants or loans of facilities included on the Environmental Protection Agency List of Violating Facilities. The Municipality will report violations to the grantor agency and to the U.S .E.P .E. Assistant Administrator for Enforcement (N-329) . }