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HomeMy WebLinkAboutbocc.res.093.1976PART II: PITY.IN COi7NTY BUS SYSTEM 3:SC1'TON 5: CAPITAL ASSISTANCE FORMULA UA1TA GRANT APPLICATION RESOLUTION NO. 76 -~ RE: Authorizing the filing of an application with the Urban Mass Transportation Administration of the United States Department of Transportation for a Capital Assistance Formula Grant under Section 5 of the Urban Mass Transportation Act of 1964, as .amended. WHEREAS, the Board of Com*nissioners of Pitkin County, Colorado, is the designated recipient for Section 3.formula grants for the Pitkin County urbanized area; and WHEREAS, the Secretary of Transportation is authorized to make grants for mass transportation projects; and WHEREAS, the contract for financial assistance will impose certain obligations upon the Board of Commissioners of Pitkin County, including the provision by Pitkin County of the local share of the project costs; and WHEREAS, it is required by the U.S. Department of Transportation in accord with the provisions of Title VI of the Civil Rights Act of 1964 that in connection with the filing of an application for assistance under the Urban Mass Transportation Act of 2964, as amended, the Board of Commis- sioners of Pitkin County give assurance that Pitkin County will comply with Title VI of the Civil Rights Act of 1964 and the U.S. Department of Transportation requirements thereunder; and WHEREAS, it is the goal of the Board of Commissioners of Pitkin County that minority business enterprise be utilized to the fullest extent possible in connection with -this project, and that definitive procedures shall be established and administered to insure that minority businesses shall have the anaximum feasible opportunity to compete for contracts when procuring construction contracts, supplies, equipment contracts, or consultant and other services. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado: 1. That the Chairman of the Board of Commissioners of Pitkin County, Colorado, is authorized Ito execute and file an application an behalf of Pitkin County with the U.S. Ilegartment of Transportation, to aid in financing a capital improvement project described as: The extension of a bus barn to the Pitkin County shops, Aspen, Colorado, for use as a permanent bus storage, repair, and maintenance facility; the purchase of three {3) intermediate-size transit buses; and the purchase of special tools and equipment for bus repair and maintenance„ ;~~ That the said Chairman is authorized to execute and file with such ~;~plication an assurance or any other document required by, the PITKIN COUNTY BUS SYSTEM SECTION 5: CAPITAL ASSISTANCE FO&~1ULA U^~ITA GRANT APPLICATION RESOLUTION NO, 76-~ 3_ PAGE TWO U.S. Department of Transportation effectuating the purposes of Title VI of the Civil Righ~s Act of 1964. 3. That the County Manager of Pitkin County, Colorado, is authorized to furnish such additional information as the U.S, Department of Trans- portation may require in connection with the application or the project. 4. That the said Manager is authorized to set forth and execute affirmative minority business policies in connection with the project's procurement needs. Passed and adopted this day of l,J~~`oj~ , 1976. J seph wards, Jr. ~ ,~~t- Chaff an, rd of Commissioner °~~ Pitkin County, Colorado _, Ju ie Han6:° " Pitkin Cou~aty Clerk ,~ `1_ ~omTC~rrrmc~ The undersigned duly qualified and administrative assistant of the Board of Commissioners of Pitkin County, Colorado, certifies that the foregoing is a true and correct copy of a resolution adopted at a legally convened meeting of the Board of Commissioners held on the ~ th day of (~',~r;,,;-~'' 1976. Frances H. Johns n Date Administrative Assistant P I ~~ V Q ~U l~ 60ARU OF COUNTY COMMISSIONERS • 506 E. MAIN • :FF~~M1~gtX ASPEN, CO 81611 • (3031925-5232 PART III - ASSURANCE OF COMPLIANCE WITH TITLE VI CF THE CIVIL RIGHTS ACT OF 1964 (DEPARTMENT OP' TRArISPORTATION) ~~~V~~ The Board of Commissioners of Pitkin County, Colorado (herein- after referred to as the "Recipient") HEREBY AGREES TIiAT as a condi- tion to receiving any Federal financial assistance from the Department of Transportation it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4 (hereinafter referred to as the "Act") and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted Programs of the Department of Transportation - Ef- fectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the "Regulations'') and other pertinent directives, to the end that in accordance with the Act, Regulations, and other per- tinent directives, no person in the United States shall, on the grounds of race, color, or national origin, be excluded from partici- pation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Recipient received Federal financial assistance from the Department of Trans- portation, including the Urban Mass Transportation Administration (UMTA}, and HEREBY GIVES ASSURANCE 'PHAT it will promptly take any measures necessary to effectuate this agreement. This assurance is required by subsection 21.7 (a) (1) of the Regulations. More specifically and without limiting the above general assurance, the Recipient hereby gives the following specific assurances with respect to the Project No. 1. That the Recipient agrees that each "program" and each "facility" as defined in subsections 21.23(e) and 21.23(b) of the Regulations, will be (with regard to a "program") conducted, or will be (with regard to a "facility+~ operated in compliance with all require- ments imposed by, or pursuant to, the Regulations. 2. That the Recipient shall insert the following notification in all solicitations for bids for work or materials subject to the Regulations and made in connection with a project under the Urban Mass Transportation Act Of 1964, as amended (the UMTA Act} and, in adapted form, in all proposals for negotiated agreements: The Recipient, in accordance caith Title VI of the Civil Rights Act of 1964, 5tat 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Sub- title A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in regard to any contract entered into pursuant to tizis advertisement, minority business enterprises will be afforded full opportunity to submit bids in ASSURANCE OF COMPLIANCE PAGE TWO response to this invitation and will not be discriminated against on the grounds of race, color, or national origin, in considera- tion for an award. 3. That the Recipient shall insert the clauses of Appendix A of this assurance iIl every contract subject to the Act and the Regulations. 4. That the Recipient shall insert the clauses of Appendix B of this assurance, as a covenant running with the land, in any deed from the United States effecting a transfer of real property, structures, or improvements thereon, or interest therein. 5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated in connection therewith. 6. That where the Recipient receives Federal financial assistance in the form, or for the acquisition of real property or an in- terest in real property, the assurance shall extend to rights to space on, over, or under such property. 7. That where the Recipient receives Federal financial assistance to carry out a program of managerial training under Section 10(a) of the Urban Mass Transportation Act of 1964, as amended, the as- surance shall obligate the Recipient to make selection of the trainee or fellow without regard to race, color, or national origin. 8. That where the Recipient receives Federal financial assistance to carry out a program under the Urban Mass Transportation Act of 1964,. as amended, the assurance shall obligate the Recipient to assign transit operators and to furnish transit operators for charter purposes without regard to race, color, or national ori- gin. 9. That where the Recipient receives Federal financial assistance to carry out a program under the Urban Mass Transportation Act of 1964, as amended, routing, scheduling, quality of service, frequency of service, age and quality of vehicles assigned to routes, quality of stations serving different routes, and location of routes, may not be determined on the basis of race, color, or national origin. 10. That the Recipient shall include the appropriate clauses set forth in Appendix C of this assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses and similar agreements entered into by the Recipient with other parties: (a) for the subsequent transfer of real property ac- quired or improved under the Act; and (b) for the construction ASSURANCE OF COMPLIANCE PAGE THREE or use of or access to space on, over or under real property acquired, or improved under the Act. 11. This assurance obligates the Recipient for the period during which Federal financial assistance is extended to the project, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property or in- terest therein or structures or improvements thereon, in which case the assurance obligates the Recipient or any transferee for the longer of the following periods: (a)~the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involy- ing the provisions of similar services or benefits; or (b} the period during which the Recipient retains ownership or posses- sion of the property. 12. The Recipient shall provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he delegates specific authority to give reasonable guarantee that it, other recipients, subgrantees, contractors, subcontractors, transferees, successors in interest, and other participants of Federal financial assistance under sucYi program will comply with all requirements imposed or pursuant to the Act, the Regulations and this assurance. 13. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, Regulations, and this assurance. THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal Grants, loans, contracts, property, dis- counts or other Federal financial assistance extended after the date here- of to the Recipient by the Department of Transportation under Federal -,~i~rUrban Mass Transportation Programs and is binding on it, other recipients, • subgrantees, contractors, subcontractors, transferees, successors in in- • _tE`r'~st and other participants in the Federal Urban Mass Transportation .- - Program. The persons whose signatures appear below are authorized to sign this:•,.assurance on behalf of the Recipient. Y t ~~ . Board of Commissioners .•Au<~tist 6, 1976 Pitkin County, Colorado ~ ~ -~ , By Jos ar s,Jr., n ~~-- Attachment: Appendices A, B and C.- Department of Transportation APPENDIX A During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor"), agrees as follows: (1) Compliance with Regulations: The contractor shall comply with the Regulations relative to nondiscrimination in federally-assisted programs of the Department of Trans- portation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not dis- criminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equip- ment. The contractor shall not participate either di- rectly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employ- ment practices when the contract covers a program set forth in Appendix B of the Regulations. (3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the con- tractor for work to be performed under a subcontract, including procurements of materials or leases of equip- ment, each potential subcontractor or supplier shall be notified by the contractor of the .contractor's obliga- tions under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. (4) Infornlation and Reports: The contractor shall provide all information and reports required by the Regulations or directive issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the Urban Mass Trasnportation Admini- stration (UMTA) to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information is required or a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so cer- tify to the Recipient, or the Urban Mass Transportation Administration, as appropriate, and shall set forth what efforts it has made to obtain the information. (Hpp. A. Pg. 2) (5) Sanctions for Noncompliance: In the event of the con- tractor's noncompliance with the nondiscrimination pro- visions of this contract, the Recipient shall impose such contract sanctions as it or the Urban Mass Trans- portation Administration may determine to be appropriate, including, but not limited to: (a) Withholding of payments to the contractor under the contract until the contractor complies, and/or (b) Cancellation, termination or suspension of the con- tract, in whole or in part. (6) Incorporation of Provisions: The contractor shall in- clude the provisions of paragraph (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the Recipient or the Urban Mass Trans- portation Administration may direct as a means of en- forcing such provisions including sanctions for non- compliance. Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Re- cipient to enter into such litigation to protect the interests of the Recipient, and, in addition, the con- tractor may request the United States to enter into such litigation to protect the interests of the United States. APPENDIX B The following clauses effecting or recording tures or improvements United States. (GRANTING CLAUSE) shall be included in any and all deeds the transfer of real property, struc- thereon, or interest therein from the NOW, THEREFORE, the Department of Transportation, as authorized by law, and upon the condition that the Recipient will accept title to the lands and maintain the project constructed thereon, in accor- dance with the Urban Mass Transportation Act of 1964, as amended, the Regulations for the Administration of Federal Urban Mass Trans- portation Programs and the policies and procedures prescribed by the Department of Transportation and, also in accordance with and in compliance with all requirements imposed by or pursuant to Title 49, code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally- Assisted Programs of the Department of Transportation (hereinafter referred to as the Regulations) pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the Recipient all the right, title, and interest of the Department of Transportation in and to said lands described in Exhibit "A" attached hereto and made a part hereof. (HEBENDUM CLAUSE) TO HAVE AND TO HOLD said lands and interests therein unto the Recipient and its successors forever, subject, however, to the covenants, condi- tions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services of benefits and shall be binding on the Recipient, its successors and assigns. The Recipient, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over or under such land hereby conveyed (,) (and)* (2) that the Recipient shall use the lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, (AP.P. b, Pg. 2) Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended (,) (3) that in the event of breach of any of the above-mentioned nondiscrimina- tion conditions, the Department shall have a right to re-enter said lands and facilities on said land, and the above-described land and facilities shall thereon revert to and vest in a~~d become the absolute property of the Department of Trasnportation and its assigns as such interest existed prior to this instruction.* * Reverter clause and related language to be used only when it is determined that sucrz a clause is necessary in order to effectuate the purposed of Title VI of the Civil Rights Act of 1964. APPENDIX C The following clauses shall be included in all deeds, licenses, leases, permits, or similar instruments entered into by the Recipient pursuant to the provisions of Assurance 6(a). The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby cove - nant and agree (in the case of deeds and leases add "as a covenant running with the land") that in the event facilities are constructed, maintained, or' otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for whicYi a Department of Transpor.tat~_on program or activity is extended or for another purpose involving the provision of similar services or bene- fits, the (grantee, licensee, lessee, permittee, etc.) shall maintain and operate all such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Reg- ulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 19b4; and as said Regulations may be amended. (Include in licenses, leases, permits, etc.)* That in the event of breach of any of the above nondiscrimination covenants, the Recipient shall have the right to terminate the (license, lease, permit, etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etr..) had never been made or issued. (Include in deeds)* That i.n the event of breach of any of the above nondiscrimination cove- nants, the Recipient shall have the right to re-enter said lands and facilities thereon, and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of the Recipient and its assigns. The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by the Recipient pursuant to the provisions of Assurance 6(b). The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby cove- nant and agree (in the case of deeds and leases add "as a covenant running with the land") that in.the event facilities are constructed * Reverter clause and related. language to be used only when it is determined that such a clause is necessary in order to effectuate the purpose of Title VI of the Civil Rights Act of 1964. maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a Department of Transpor- tation program or activity is extended or for another purpose involving the pro- vision of similar services or benefits, the (grantee, licensee, lessee, per- mittee, etc.) shall maintain and operate such facilities and services in com- pliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of_ Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964; and as said Regulations may be amended. (Include in licenses, leases, permits, etc.)* That in the event of breach of any of the above nondiscrimination covenants, the Recipient shall have the right to terminate the (license, lease, permit, etc.) and to re-enter and repossess said land acid the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued. (Include in deeds)* That in the event of breach of any of the above nondiscrimination covenants, the Recipient shall have the right to re-enter said lands and facilities thereon, and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of the Recipient and its assigns. * Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purpose of Title VI of the Civil Rights Act of 1964.