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HomeMy WebLinkAboutRES 06-162 RESOLUTION NO. 06-162 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to appoint William J. Munson, General Manager of Beaumont Municipal Transit (BMT), as the designated official for the execution of annual Certification and Assurances issued by the Federal Transit Administration (FTA), submission of all FTA grant applications and the execution of all FTA grant awards on behalf of the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of June, 2006. NNNNN _? �,,C ,��1 - Mayor Guy N. Goodson - �5 DEPARTMENT OF TRANSPORTATION TITLE VI ASSURANCE The City of Beaumont(thereinafter referred to as the"Recipient")HEREBY AGREES THAT as a condition to receiving any Federal financial assistance from the Department of Transportation,it will comply with Title VI ofthe Civil Rights Act of 1964,78 Stat.252,42 U.S.C.2000d U.S.0 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 ofthe Secretary,Part 21,Nondiscrimination in Federally-Assisted Programs ofthe Department of Transportation-Effectuation of Title VI ofthe Civil Rights of 1964(hereinafter referred to as the"Regulations")and other pertinent directives,to the end that in accordance with the Act,Regulations,and other pertinent directives, no person in the United States 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 under any program or activity for which the Recipient receives Federal financial assistance from the Department of Transportation, including the Federal Transit Administration(FTA), and HEREBY GIVES ASSURANCE THAT it will promptly take any measures necessary to effectuate this agreement. This assurance is required by subsection 213(a)of the Regulations. More specifically,and without limiting the above general assurance,the Recipient hereby gives the following specific assurances with respect to all FTA Programs and Projects: 1. That the Recipient agrees that each"program"and each"facility"as defined in subsection 21.23(e)and 21.23(b)ofthe Regulations,will be(with regard to a"program")conducted,or will be(with regard to a"facility")operated in compliance with all requirements imposed by,or pursuant to,the Regulations. 2. That the Recipient shall insert the following notification in all solicitations for bids for work or material subject to the Regulations and made in connection with all FTA Programs and Projects and,in adapted form,in all proposals for negotiated agreements: The City of Beaumont,in accordance with Title VI ofthe Civil Rights Act of 1964,78 STAT. 252,42 U.S.C.2000d to 2000d-4 and Title 49,Code of Federal Regulations, Subtitle 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 any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race,color,or national origin in consideration for an award. 3. That the Recipient shall insert the clauses of Appendix A of this assurance in every contract subject to this 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 connected therewith. 6. That where the Recipient receives Federal financial assistance in the form of,or for the acquisition of, real property or an interest in real property,the assurance shall extend to rights to space on,over,or under such property. 7. That the Recipient shall include the appropriate clauses set forth in Appendix C of this assurance,as 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 acquired or improved under the Federal Transit Administration;and(b)for the construction or use of,or access to space on, over, or under real property acquired,or improved under the Federal Transit Administration. 8. That this assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program,except where,the Federal financial assistance is to provide,or is in the form of,personal property, or real property or interest therein or structures or improvements thereon,in which case the assurance obligates the Recipient of 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 involving the provision of similar services or benefits; or (b)the period during which the Recipient retains ownership or possession of the property. 9. The Recipient shall provide for such methods of administration for the program as are found by the Secretary of Transpiration or the official to whom he/she delegates specific authority to give reasonable guarantee that it,other recipients,sub-grantees,contractors,subcontractors,transferees,successors in interest,and other participants 6f Federal financial assistance under such program will comply with all requirements imposed by,or pursuant to the Act,the Regulations and this assurance. 10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act,the Regulations and this assurance. THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants,loans,and contracts,property,discounts or other Federal financial assistance extended after the date hereof to the Recipient by the Department of Transportation under all FTA Programs and Projects and is binding on it,other recipients sub-grantees, contractors,subcontractors,transferees,successors in interest and other participants in the FTA. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Recipient. DATED City of Beaumont L'." By l ( Kyle Hayes City Manager Attachments: Appendices A,B,and C APPENDIX A TO T FLE VI ASSURANCE During the performance of this contract,the contractor,for itself,it's 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 Transportation(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 discriminate on the grounds of race,color,or national origin in the selection and retention of subcontractors,including procurement of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations,including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (3) Solicitations for Subcontracts.Including Procurement ofMaterials and Equipment In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract,including procurement of materials or leases of equipment,each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race,color,or national origin. (4) Information and Reports:The contractor shall provide all information and reports required by the Regulations or directives 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 City of Beaumont or the Federal Transit Administration to be pertinent to ascertain compliance with such Regulations,orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the City of Beaumont,or the Federal Transit Administration as appropriate,and shall set forth what efforts it has made to obtain this information. (5) Sanctions for Noncompliance:In the event ofthe contractor's non-compliance withnondiscrimination provisions of this contract,the City of Beaumont shall impose contract sanctions as it or the Federal Transit 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 contract,in whole or in part. (6) Incorporation of Provisions:The contractor shall include the provisions of paragraphs(1)through(6) in every subcontract,including procurement of materials and leases of equipment,unless exempt by the Regulations,or directives issued pursuant thereto. The contractor shall take such actions with respect to any subcontract or procurement as the City of Beaumont or the Federal Transit Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: 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 directions,the contractor may request the City of Beaumont to enter into such litigation to protect the interests of the City of Beaumont and in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. APPENDIX B TO TITLE VI ASSURANCE The following clauses shall be included in any and all deeds effecting or recording the transfer of real property, structures or improvements thereon,or interest therein from the United States. (GRANTING CLAUSE) NOW THEREFORE,the Department of Transportation,as authorized by law,and upon the condition that the City of Beaumont will accept title to the lands and maintain the project constructed thereon,in accordance with the Federal Transit Administration Act of 1964,as amended,the Regulations for the Administration of all FTA Programs and Projects and the policies and procedures prescribed by the Federal Transit Administration of the Department of Transportation and,also in accordance with,and in compliance with all regulations 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 2000d4),does hereby remise,release,quitclaim and convey unto the City of Beaumont 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. (HABENDUM CLAUSE) TO HAVE AND TO HOLD said lands and interests therein unto the City of Beaumont and its successors forever,subject,however,to the covenants,conditions,restrictions and reservations herein contained as follows,which will remain in effect for a 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 or benefits and shall be binding on the City of Beaumont,its successors and assigns. The City of Beaumont, 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 lands conveyed(,)(and)* (2) That the City of Beaumont shall use the lands and interest 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. 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;and (3) That in the event of breach of any of the above-mentioned nondiscrimination conditions, the Department will have the 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 and become the absolute property ofthe Department of Transportation 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 such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. APPENDIX C TO TITLE VI ASSURANCE The following clauses shall be included in all deeds,licenses,leases,permits or similar instruments entered into by the City of Beaumont pursuant to the provisions of Assurance 7(a). The(grantee,licensee,lessee,permittee,etc.,as appropriate)for herself/himself,his/her heirs,personal representatives, successors in interest,and assigns,as a part of the consideration hereof;does hereby covenant 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 which a Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits,the(grantee,licensee,lessee,permittee,etc.)shall maintain and operate such facilities and services in compliance 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 of 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 the above nondiscrimination covenants,the City of Beaumont 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,etc.)had never been made or issued. (Include in deeds)* That in the event of breach of any of the above nondiscrimination covenants,the City of Beaumont 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 city of Beaumont and its assigns. The following shall be included in all deeds,licenses,permits,or similar agreements entered into by the city of Beaumont pursuant of the provisions of Assurance 7(b). The (grantee, licensee, lessee, permittee, etc., as appropriate) for herself/himself, his her personal representatives, successors in interest,and assigns,as a part of the consideration hereof,does hereby covenant and agree(in the case of deeds and leases added"as a covenant running with the land")that: (1)no person on the grounds of race, color, or national origin shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities;(2)that in the construction of any improvements on,over or under such land and the furnishing services thereon,no persons on the grounds of race,color,or national origin shall be excluded from the participation in,be denied the benefits of, or be otherwise subjected to discrimination;and(3)that the(grantee, licensee,lessee,petmittee,etc.)shall use the premises in compliance with all other 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-Effectuation of Title VI ofthe 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 City of Beaumont 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,etc.)Had never been made or issued. (Include in deeds)* That in the event of breach of any of the above Nondiscrimination covenants,the City of Beaumont shall have the right to re-enter said land and facilities thereon,and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of the City of Beaumont and its assigns. *Reverter lause and related language to be used only when it is determined that such a clause is necessary in order to effectuatl the purpose of Title VI of the Civil Rights Act of 1964. RESOLUTION NO. 06-162 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to appoint William J. Munson, General Manager of Beaumont Municipal Transit(BMT), as the designated official for the execution of annual Certification and Assurances issued by the Federal Transit Administration (FTA), submission of all FTA grant applications and the execution of all FTA grant awards on behalf of the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of June, 2006. . UMpt�,1 - Mayor Guy N. Goodson - LU 'Y S is11 i Transportation Electronic Award Management System (TEAM) Grantee / Recipient User Access Request ock Applicable Box: New User With Pin Modify User jusernarne A41tJ150JI New User Without Pin H Delete User arning: The informatio contained in this form Its protected under Public Law 93-579,Privacy Act. Wiliam M F(Oponal) ®� 7 stt^Name* M/I Last Name' Office Phone* l7pen era! Pf;gna je C*0f)93Q-360?3 SSN(Last 4 Digits)L 120&I'; '�GUyJO/9� �ll�yllC/�jaiJ' / FAX Number ttYc�l�!S/7.Cc�l'Yl anization Name* DYE unSQh®�j�°�3u N'I D� g Recipient ID Email Address*I ailing Address(Street Number,C' Stat and ZIP Code)' !/ � User's Aup�norigin Signature(see instructions) Bea�.Crnoh . Tk 7770 J��l� 2r�e5, C1 /398�/ ev Printed Name of above /L-OkDate 5s is information is required establish or modify your TEAM user account. By completing this form,you expressly attest a intbrmathon provided is true and complete o the best of your owledge. Invalid Information will b grounds for relirsel to establish a new user account or the basis for deletion of an existing TEAM account scipient Access Type Recipient PIN Functions Designated sRecipient ID(s)(Indicate Below) Inquiry Only Submit Application Modify/Update Execute Awards Certify as Lawyer Certify as Official Certify as Both Lawyer and Official Metropolitan Planning Organization(MPO)ID Provide Supplemental Agreement (PIN Functions require Designation of Signature Authority on OrganizationlAgency Letterhead.See instructions). F s a TEAM user,I understand that I am personally responsible for the use and misuse of my TEAM login ID and password. I understand that by requesting TEAM cess and accepting/using such access that I must comply with the following: When downloading sensitive information,I will ensure that the Information has the same level of protection as FTA applications. I will not permit anyone to use my TEAM access information(i.e.user ID,password or other authentication). My password(or other authentication)will be kept rivate,not stored in a place that is accessible by anyone other than the myself(i.e.family members,friends,etc.). If stored,the password will not be in text format. . I will follow standard password procedures and change my password every ninety(90)days. My passwords will be at least eight(8)alphanumeric characters nd contain at least one(1)capital letter and one(1)number. 1 will report any security problems and anomalies in system performance to the appropriate FTA Office. I will notify the appropdate'FTA Office to eliminate my TEAM access in the event of job transfer,termination,or if TEAM access is no longer required. I understand that If I am not using FTA-supplied equipment and FTA suffers a security breach or compromise that is my fault,I may be required to allow access my equipment by authorized representatives of the Federal Government to determine the causes and to take corrective action(s). agree to and will comply with all of these conditions and understand that failure to do so will result in permanent removal of my TEAM access,and may result in ther disciplinary or legal action. By signing my name in the space below,I hereby acknowledge this agreement,and certify that 1 understand the preceding terms nd provisions and that 1 accept the responsibility of adhering to the same. ,igna ure Datet 7/ nted� a-me r :TA Functional Approval FTA Operational Approval signature of Authorizing FTA Official Date Signature of Authorizing FTA Official 3rinted Name Printed Name Fide/Office Title/Office —/--J— Date Processed USeriD PIN SAM user Amen Request Form Ievised 0311512006 Transportation Electronic Award Management System (TEAM) Grantee / Recipient User Access Request ck Applicable Box: New User With Pin Modify User lk-11 lusername New User Without Pin kPir. Delete User F I ruing: The information!contained in this form Is protected under Public Law 93-5790 Privacy Act. =, ..3a WE,2-1,311 k - h-MQ F&- Gender F(Optional) .3 95 t Name* M/I Last Name* Office Phone* SSN(Last 4 Digits)• 41VI 1 FAX Number ,�r-;, ani2%tion Name* Recipient ID Email Address• ling Address(Street Number,City,State and ZIP Code)* U.- -1 C'k'ye— Users Au orizin Signature see Instructions) ei Printed Name of above 4 Date is information is required to estabTt;-;h or modify your TEAM user account By completing this form,you expressly attest that Information provided is true and complete to the best ofy—our- ledge. Invalid information will beg unds for refusal to establish a I new user account or the basis for deletion of an existing TEAM account OR, OEM ciplent Access Type Recipient PIN Functions Designated Recipient ID(s)(indicate Below) Inquiry Only Submit Application 06(7 Inquiry Execute Awards Certify as Lawyer Certify as Official Certify as Both Lawyer and Official Metropolitan Planning Organization(MPO)ID Provide Supplemental Agreement (PIN Functions require Designation of Signature Authority on Organization/Agency Letterhead.See instructions). a TEAM user,I understand that I am personally responsible for the use and misuse of my TEAM login ID and password. I understand that by requesting TEAM ess and accepting/using such access that I must comply with the following: Nhen downloading sensitive information,I will ensure that the information has the same level of protection as FTA applications. I will not permit anyone to use my TEAM access Information(i.e.user ID,password or other authentication). My password(or other authentication)will be kept ,ate,not stored in a place that is accessible by anyone other than the myself(i.e.family members,friends,etc.). If stored,the password will not be in text format. I will follow standard password procedures and change my password every ninety(90)days. My passwords will be at least eight(8)alphanumeric characters I contain at least one(1)capital letter and one(1)number. I will report any security problems and anomalies in system performance to the appropriate FTA Office. I will notify the appropriate FTA Office to eliminate my TEAM access in the event of job transfer,termination,or if TEAM access is no longer required. I understand that if I am not using FTA-supplied equipment and FTA suffers a security breach or compromise that is my fault,I may be required to allow access ny equipment by authorized representatives of the Federal Government to determine the causes and to take corrective action(s). Iree to and will comply with all of these conditions and understand that failure to do so will result in permanent removal of my TEAM access,and may result in er disciplinary or legal action. By signing my name in the space below,I hereby acknowledge this agreement,and certify that I understand the preceding terms J provisions and that I accept the responsibility of adhering to the same. rrature Date Printed Name A Functional Approval FTA Operational Approval (nature of Authorizing FTA Official Date Signature of Authorizing FTA Official riled Name Printed Name le/Office Title/Office —L—L- M user A00063 Request Form Date Processed UserlD PIN ised 03115/2006 Transportation Electronic Award Management System (TEAM) Grantee ! Recipient User Access Request ck Applicable Box: New User With Pin Modify User lusername . New User Without Pin te Delete User -ning: The information contained in this form Is protected under Public Law 93-579,Privacy Act. WWI wm� x + Lame—;. Gender *�� 'M / AOptional 1 �w Pe me* X109-f8o-3')m ) M/I Last Name* Office Phone* SSN(Last 4 Digits)* o� k -3 t a FAX Number C-� r C) - a.uM6YJ- 1?Dto-) ,or ham ei.�iea�rmen�, -ix, Us 3nization ame* Recipient ID Em it Address* ing Address(Street Number,City State and ZIP Code)* 1 v Users Authorizin Signature(see'nstructions) e i Ct a n �r Printed Name of above Date is information s require to es a or modify your user account. y completing is form,you expressly attest that m rmation provided s rue an complete o e -I o your •,;•d L (edge. Invalid information will beg unds for refusal to establish anew user account or the basis for deletion of an existing TEAM account Apient Access Type Recipient PIN Functions Designated Recipient Ill(Indicate Bellow) Inquiry Only Submit Application (v 1 Modify/Update Execute Awards Certify as Lawyer Certify as Official Certify as Both Lawyer and Official Metropolitan Planning Organization (MPO) ID Provide Supplemental Agreement (PIN Functions require Designation of Signature Authority on OrganizationlAgency Letterhead.See instructions). 599M 11 5 3 TEAM user,I understand that 1 am personally responsible for the use and misuse of my TEAM login ID and password. I understand that by requesting TEAM ess and accepting/using such access that 1 must comply with the following: Nhen downloading sensitive information,I will ensure that the information has the same level of protection as FTA applications. will not permit anyone to use my TEAM access information(i.e.user ID,password or other authentication). My password(or other authentication)will be kept ate,not stored in a place that is accessible by anyone other than the myself(i.e.family members,friends,etc.). If stored,the password will not be in text format, will follow standard password procedures and change my password every ninety(90)days. My passwords will be at least eight(8)alphanumeric characters contain at least one(1)capital letter and one(1)number. will report any security problems and anomalies in system performance to the appropriate FTA Office. I will notify the appropriate FTA Office to eliminate my TEAM access in the event of job transfer,termination,or if TEAM access is no longer required. I understand that if I am not using FTA-supplied equipment and FTA suffers a security breach or compromise that is my fault,1 may be required to allow access ny equipment by authorized representatives of the Federal Government to determine the causes and to take corrective action(s). free to and will comply with all of these conditions and understand that failure to do so will result in permanent removal of my TEAM access,and may result in or disciplinary or legal action. By signing my name in the space below,I hereby acknowledge this agreement,and certify that I understand the preceding terms I provisions that 1 accept t esponsibility of adhering to the same. na ure Date r nted Name 4 Functional Approval FTA Operational Approval nature of Authorizing FTA Official Date Signature of Authorizing FTA Official nted Name Printed Name e/Office Title/Office —II Date Processed UserlD PIN M II Access Request Form used 0311 5/2 0 0 8