REQUEST FOR PROPOSALS - CVCOG



REQUEST FOR PROPOSALS

FOR

DEPOSITORY SERVICES

FOR

CONCHO VALLEY COUNCIL OF GOVERNMENTS

Released by:

CONCHO VALLEY COUNCIL OF GOVERNMENTS

March 23, 2015

Proposals due: Friday, April 17, 2015, 5:00 p.m.

Concho Valley Council of Governments

P.O. Box 60050

San Angelo, Texas 76906

(325) 944-9666

CONCHO VALLEY COUNCIL OF GOVERNMENTS

REQUEST FOR PROPOSALS

The Concho Valley Council of Governments (CVCOG or Council) is requesting proposals for a bank depository services for Council’s funds. The managing Bank will handle daily banking services including, but not limited to, checking accounts and other types of demand accounts. Participating Banks will be authorized to hold secured time deposits in accordance with the Revised Civil Statutes of Texas.

GENERAL:

The Concho Valley Council of Governments is a voluntary association of cities, counties, school districts, and special districts within the thirteen county Concho Valley region. The Council was established in 1968 to assist local governments in planning common needs, cooperating for mutual benefit, and coordinating for sound regional development. CVCOG is a political subdivision of the State of Texas under Chapter 391, Local Government Code. The basis operations of the Council are financed by membership dues and by financial assistance provided by federal, state, and local grants.

The CVCOG reserves the right to make investments outside the Bank in accordance with the Laws of the State of Texas and the Investment Policy of the Council.

There is no expressed or implied obligation for the CVCOG to reimburse responding banks for any expenses incurred in preparing proposals in response to this request.

CONTRACT:

It is anticipated the selection of a Bank will be completed by May 13, 2015

The contract will begin incrementally July 1, 2015, with expected full transfer by October 1, 2015. Contract will conclude September 30, 2020.

EVALUATION:

Awarding of the contract for depository services will be based on the following criteria:

Very

(ratings shall be 1 thru 5 as follows) Poor Fair Good Good Excellent

1. Proposal responsiveness 1 2 3 4 5

2. Demonstrated ability to provide similar services. 1 2 3 4 5

3. Professional qualifications and experience. 1 2 3 4 5

4. Additional financial services offered.  1 2 3 4 5

5. Cost. 1 2 3 4 5

INSTRUCTIONS:

To be considered, proposals should be clearly marked sealed proposal for audit services. A response to this proposal must be received at Concho Valley Council of Governments, Attn: Tracy Ogle, Procurement Manager, 2801 W. Loop 306, Suite A, San Angelo, Texas 76904, by 5:00 P.M., April 17, 2015. CVCOG Procurement Manager will conduct the formal proposal opening at CVCOG’s offices at 2801 W. Loop 306, Ste. A, San Angelo, Texas at 10:00 a.m. on Monday, April 20, 2015. Late submissions will not be considered for award. The public is invited to attend. The Director of Finance assisted by CVCOG procurement staff will perform an initial review of each proposal package in order to assure compliance with the requested specifications. The Director of Finance will prepare a summary of the responsive proposals and submit to CVCOG’s Executive Committee for selection of the bank depository services. CVCOG reserves the right to reject any or all proposals submitted.

During the evaluation process, the Executive Committee of CVCOG reserves the right, where it may serve the Council's best interest, to request additional information or clarifications from proposers, or to allow corrections of errors or omissions.

CVCOG reserves the right to retain all proposals submitted and to use any ideas in a proposal regardless of whether that proposal is selected. Submission of a proposal indicates acceptance by the Bank of the conditions contained in this request for proposals, unless clearly and specifically noted in the proposal submitted.

Banks requiring additional information may complete a form at: cvcog/rfp Responses will be emailed to the requesting bank. All questions and answers will be posted at the above referenced website.

PROPOSAL OUTLINE AND CHECKLIST

Responses to the proposal for depository services for the Council should include the following:

1. Proposal Cover Sheet (Attachment A).

2. A brief description of the background/history of your Company.

3. Rating reports, etc. of the Bank’s financial condition including a copy of your latest audited financial statements.

4. Detailed operational data for the past six (6) months:

• Error rates

• Down time statistics

• Other past problems encountered

5. Interest and interest rates - a floating interest rate bid will be basis points over or under (plus or minus) the prior month's average discount rate of the thirteen (13) week United States Treasury Bill rounded to two (2) decimal places as published by the Wall Street Journal under Money Rates. Interest accrued will be credited monthly.

6. Bank statement mechanics (paper, electronic, online and timeframe of available).

7. Pricing mechanics and increase provisions including a listing of services and costs (by AFP codes). Bank may choose to specify a minimum balance for each account, specify fees for certain services, or both, to compensate for services and supplies provided to the Council.

8. Other services available and pricing as applicable.

9. Emergency plan, back up procedures and recovery time frame should Bank’s main system go down.

10. Collateral against deposits including prices of securities pledged. Collateral may be held by the depository bank’s trust department, a federal reserve bank or a branch of a federal reserve bank, a federal home loan bank or a third party designated by CVCOG. Collateralization level will be 105% of market value of principal and accrued interest on deposits or investments less an amount insured by FDIC.

11. Availability timeframes – clearing of transactions.

12. Commitment to technology – integration of new technology and training provided.

13. Examples of reports/statements.

14. Information reporting and analysis services.

15. Interface capabilities.

16. Fraud deterrence capabilities.

17. Web and image capabilities (timeliness of availability of information, online reporting, and online image archive capabilities). Also include availability of these image archive capabilities should depository services change at the end of proposed contract or sale of your company).

18. Listing of primary contacts and detailed contact information.

19. Description of transition of services, etc should your company sell or change management during proposed contract period.

20. References (minimum of 5).

Services currently in use in regard to the accounts listed below:

▪ Account analysis

▪ Wire transfers, including book transfers

▪ ACH deposit and withdrawals

▪ Direct Deposit

▪ Online services – Access to account activity

▪ Online services – Transfers between accounts

Accounts payable ACH

▪ Positive pay

▪ Payroll Services

▪ P-Card or Business Credit Card

Additional services interested in using:

▪ Electronic Deposit Check Scanning

SYSTEM DESCRIPTION

TYPES OF ACCOUNTS:

Non-Interest Bearing Checking Accounts

Daily transactions may be generated to/from these accounts and will vary from month to month.

Monthly activity estimates for each account are as follows:

CVCOG CVTD CVEDD Senior Volunteer

Transaction Type General General General General

ACH Credit 21 6 4 annually 4

Incoming Fedwire 3 0 1 quarterly 1

Deposits 8 81 3 0

Credit Book Transfers 4 0 0 0

Transfer Debit 4 annually 0 1 1

Checks 213 70 4 1

Payroll ACH 22 0 0 163

Payroll Direct Deposit 220 0 0 0

Interest Bearing Checking Accounts

A floating rate of interest will apply to these accounts. Transfers will be made between these accounts and the Non-Interest Bearing General Checking Account described above. Below are monthly activity estimates for each account. These estimates may vary during the duration of the contract:

9-1-1

Transaction Type Trust Sweep

ACH Deposit 0

Deposits 0

Credit Book Transfers 4 annually

Debit Book Transfers 2 per month

Checks 0

Certificate of Deposit

Current value of certificate of deposit is approximately $50,000. Certificate of Deposits must be issued by a depository institution that has its main office or a branch office in Texas. The certificate of deposit must be guaranteed or insured by the Federal Deposit Insurance Corporation or its successor of the National credit Union Share Insurance Fund or its successor and secured by obligations in a manner and amount as provided by law. Market value must be calculated on a quarterly basis.

CLAUSES REQURED BY FEDERAL TRANSIT ADMINISTRATION

Project Implementation.

c. (3) Compliance.

(d) Changes to Federal Requirements and Guidance:

1 Requirements and Guidance. New Federal requirements and guidance may:

a. Become effective after the FTA Authorized Official signs the Recipient’s Underlying Agreement awarding funds for the Project, and

b. Apply to the Recipient or its Project,

2 Modifications. Federal requirements and guidance that apply to the Recipient or its Project when the FTA Authorized Official awards Federal funds for the Recipient’s Underlying Agreement may:

a. Be modified from time to time, and

b. Apply to the Recipient or its Project, and

f. No Federal Government Commitment or Liability to Third Parties. Except as the Federal Government expressly consents in writing, the Recipient agrees that:

(1) The Federal Government does not and shall not have any commitment or liability related to:

(a) The Project,

(b) Any Third Party Participant at any tier, or

(c) Any other person or entity that is not a party (Recipient or FTA) to the Underlying Agreement for the Project, and

(2) Notwithstanding that the Federal Government may have concurred in or approved any solicitation or third party agreement at any tier that has affected the Project, the Federal Government does not and shall not have any commitment or liability to any:

(a) Third Party Participant, or

(b) Other entity or person that is not a party (Recipient or FTA) to the Underlying Agreement,

Ethics.

b. Debarment and Suspension. The Recipient agrees to the following:

(1) It will comply with the requirements of 2 C.F.R. part 180, subpart C, as adopted and supplemented by U.S. DOT regulations at 2 C.F.R. part 1200, which include the following:

(a) It will not enter into any arrangement to participate in the development or implementation of the Project with any Third Party Participant that is debarred or suspended except as authorized by:

1 U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 C.F.R. part 1200,

2 U.S. OMB, “Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” 2 C.F.R. part 180, including any amendments thereto, and

3 Executive Orders Nos. 12549 and 12689, “Debarment and Suspension,”

31 U.S.C. § 6101 note,

(b) It will review the U.S. GSA “System for Award Management,” , if required by U.S. DOT regulations, 2 C.F.R. part 1200, and

(c) It will include, and require each of its Third Party Participants to include, a similar provision in each lower tier covered transaction, ensuring that each lower tier Third Party Participant:

1 Will comply with Federal debarment and suspension requirements, and

2 Reviews the “System for Award Management” at , if necessary to comply with U.S. DOT regulations, 2 C.F.R. part 1200, and

(2) If the Recipient suspends, debars, or takes any similar action against a Third Party Participant or individual, the Recipient will provide immediate written notice to the:

(a) FTA Regional Counsel for the Region in which the Recipient is located or implements the Project,

(b) FTA Project Manager if the Project is administered by an FTA Headquarters Office, or

(c) FTA Chief Counsel,

d. Lobbying Restrictions. The Recipient understands and agrees that, as provided by 31 U.S.C. § 1352(a):

(1) Prohibition on Use of Federal Funds. It will not use Federal funds:

(a) To influence any:

1 Officer or employee of a Federal agency,

2 Member of Congress,

3 Officer or employee of Congress, or

4 Employee of a Member of Congress, and

(b) On matters that involve the Project or the Underlying Agreement for the Project, including any:

1. Award,

2 Extension, or

3 Modification,

(2) Laws and Regulations. It will comply, and will assure that each Third Party Participant complies with:

(a) 31 U.S.C. § 1352, as amended,

(b) U.S. DOT regulations, “New Restrictions on Lobbying,” 49 C.F.R. part 20, to the extent consistent with 31 U.S.C. § 1352, as amended, and

(c) Other applicable Federal laws and regulations prohibiting the use of Federal funds for any activity concerning legislation or appropriations designed to influence:

1 The U.S. Congress, or

2. A State legislature, but

(3) Exception. The prohibitions of the section 3.d(1) – (2) of this Master Agreement do not apply to an activity that is undertaken through proper official channels, if permitted by applicable Federal law or regulations,

f. False or Fraudulent Statements or Claims.

(1) Civil Fraud. The Recipient acknowledges and agrees that:

(a) Federal laws and regulations apply to itself and its Project, including:

1 The Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801

et seq., and

2 U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 C.F.R. part 31,

(b) By executing its Underlying Agreement, the Recipient certifies and affirms to the Federal Government the truthfulness and accuracy of any of the following that the Recipient provides to the Federal Government:

1 Claim,

2 Statement,

3 Submission,

4 Certification,

5 Assurance, or

6 Representation, and

(c) The Recipient acknowledges that the Federal Government may impose the penalties of the Program Fraud Civil Remedies Act of 1986, as amended, and other applicable penalties if the Recipient:

1 Presents, submits, or makes available any information in connection with any:

a Claim,

b Statement

c Submission

d Certification

e Assurance, or

f Representation, and

2 That information is false, fictitious, or fraudulent, and

(2) Criminal Fraud. The Recipient acknowledges that 49 U.S.C. § 5323(l)(1), authorizes the Federal Government to impose the penalties authorized by 18 U.S.C. § 1001 if the Recipient:

a) Presents, submits, or makes available any information in connection with any:

1. Claim

2. Statement

3. Submission

4. Certification

5. Assurance or

6. Representation, and

(b) That information is false, fictitious, or fraudulent, and

Access to Records and Sites of Project Performance.

a. Access to Recipient and Third Party Participant Records. The Recipient agrees that:

(1) As required under 49 U.S.C. § 5325(g) and 49 C.F.R. § 18.36(i)(10), it will provide, and require its Third Party Participants at each tier to provide sufficient access to inspect and audit records and information pertaining to the Project to the:

(a) U.S. Secretary of Transportation or the Secretary’s duly authorized representatives,

(b) Comptroller General of the United States, and the Comptroller General’s duly authorized representatives, and

(c) Recipient and its Subrecipients, if any,

(2) The Recipient will permit, and assures that its Third Party Participants will permit those listed in section 10.a(1) of this Master Agreement to do the following:

a) Inspect all:

1. Project work

2. Project materials

3. Project payrolls, and

4. Other Project data, and

(b) Audit any information related to the Project under the control of the Recipient or Third Party Participant within:

1 Books

2 Records

3 Accounts, or

4 Other locations

Right of the Federal Government to Terminate. The Recipient agrees to all of the following:

a. Justification. After providing notice, the Federal Government may suspend, suspend then terminate, or terminate all or any part of the Federal funding awarded for the Project if:

(1) The Recipient has violated the Underlying Agreement or this Master Agreement, especially if that violation would endanger substantial performance of the Project,

(2) The Recipient has failed to make reasonable progress implementing the Project, or

(3) The Federal Government determines that continuing to provide Federal funding for the Project does not adequately serve the purposes of the law authorizing the Project,

b. Financial Implications.

(1) In general, termination of Federal funding for the Project will not invalidate obligations properly incurred before the termination date to the extent the obligations cannot be canceled, but

(2) Notwithstanding Section 12.b(1) above, the Federal Government may:

(a) Recover Federal funds it has provided for the Project if it determines that the Recipient has willfully misused Federal funds by:

1 Failing to make adequate progress,

2 Failing to make appropriate use of the Project property, or

3 Failing to comply with the Underlying Grant Agreement or this Master Agreement, and

(b) Require the Recipient to refund:

1. The entire amount of Federal funds provided for the Project, or

2. Any lesser amount as the Federal Government may determine, and

c. Expiration of Project Time Period. Except for a Full Funding Grant Agreement, expiration of any Project time period established for the Project does not, by itself, constitute an expiration or termination of the Underlying Agreement.

Civil Rights. The Recipient understands and agrees that it must comply with applicable Federal civil rights laws and regulations, and follow applicable Federal guidance, except as the Federal Government determines otherwise in writing. Therefore, unless a Recipient or Program, including an Indian Tribe or the Tribal Transit Program, is specifically exempted from a civil rights statute, FTA requires compliance with that civil rights statute, including compliance with equity in service:

a. Nondiscrimination in Federal Public Transportation Programs. The Recipient agrees to comply with 49 U.S.C. § 5332, FTA’s special nondiscrimination statute, and agrees to, and assures that it and each Third Party Participant will:

(1) Prohibit discrimination based on:

(a) Race,

(b) Color,

(c) Religion,

(d) National origin,

(e) Sex,

(f) Disability, or

(g) Age, and

(2) Prohibit the:

(a) Exclusion from participation in employment or business opportunity for reasons identified in 49 U.S.C. § 5332,

(b) Denial of program benefits in employment or business opportunity identified in 49 U.S.C. § 5332, or

(c) Discrimination, including discrimination in employment or business opportunity identified in 49 U.S.C. § 5332, and

(3) Except as FTA determines otherwise in writing:

(a) General. Follow:

1 The most recent edition of FTA Circular 4702.1, “Title VI Requirements and Guidelines for Federal Transit Administration Recipients,” to the extent consistent with applicable Federal laws, regulations, and guidance, and

2 Other applicable Federal guidance that may be issued, but

(b) Exception for the Tribal Transit Program. FTA does not require an Indian Tribe to comply with FTA program-specific guidelines for Title VI when administering its projects funded under the Tribal Transit Program,

b. Nondiscrimination – Title VI of the Civil Rights Act. The Recipient agrees to, and assures that each Third Party Participant will:

(1) Prohibit discrimination based on:

(a) Race,

(b) Color, or

(c) National origin,

(2) Comply with:

(a) Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d et seq.,

(b) U.S. DOT regulations, “Nondiscrimination in Federally-Assisted Programs of the Department of Transportation – Effectuation of Title VI of the Civil Rights Act of 1964,” 49 C.F.R. part 21, and

(c) Federal transit law, specifically 49 U.S.C. § 5332, as provided in section 13.a of this Master Agreement, and

(3) Except as FTA determines otherwise in writing, follow:

(a) The most recent edition of FTA Circular 4702.1, “Title VI Requirements and Guidelines for Federal Transit Administration Recipients,” to the extent consistent with applicable Federal laws, regulations, and guidance,

(b) U.S. DOJ, “Guidelines for the enforcement of Title VI, Civil Rights Act of 1964,” 28 C.F.R. § 50.3, and

(c) Other applicable Federal guidance that may be issued,

c. Equal Employment Opportunity.

(1) Federal Requirements and Guidance. The Recipient agrees to, and assures that each Third Party Participant will prohibit discrimination on the basis of race, color, religion, sex, or national origin, and:

(a) Comply with Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq.,

(b) Facilitate compliance with Executive Order No. 11246, “Equal Employment Opportunity,” as amended by Executive Order No. 11375, “Amending Executive Order No. 11246, Relating to Equal Employment Opportunity,” 42 U.S.C. § 2000e note,

(c) Comply with Federal transit law, specifically 49 U.S.C. § 5332, as provided in section 13.a of this Master Agreement, and

(d) Follow Federal Guidance pertaining to Equal Employment Opportunity laws and regulations, and prohibitions against discrimination on the basis of disability, except as the Federal Government determines otherwise in writing,

(2) Specifics. The Recipient agrees:

(a) To ensure that applicants for employment are employed and employees are treated during employment without discrimination on the basis of their:

1 Race,

2 Color,

3 Religion,

4 Sex,

5 Disability,

6 Age, or

7 National origin, and

(b) Take affirmative action that includes, but is not limited to:

1 Recruitment advertising,

2 Recruitment,

3 Employment,

4 Rates of pay,

5 Other forms of compensation,

6 Selection for training, including apprenticeship,

7 Upgrading,

8 Transfers,

9 Demotions,

10 Layoffs, and

11 Terminations, but

(c) Indian Tribe. Title VII of the Civil Rights Act of 1964, as amended, exempts Indian Tribes under the definition of “Employer.”

(3) Equal Employment Opportunity Requirements for Construction Activities. In addition to the foregoing, when undertaking “construction” as recognized by the U.S. Department of Labor (U.S. DOL), the Recipient agrees to comply, and assures the compliance of each Third Party Participant, with:

(a) U.S. DOL regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,” 41 C.F.R. chapter 60, and

(b) Executive Order No. 11246, “Equal Employment Opportunity,” as amended by Executive Order No. 11375, “Amending Executive Order No. 11246, Relating to Equal Employment Opportunity,” 42 U.S.C. § 2000e note,

d. Disadvantaged Business Enterprise. Except as FTA determines otherwise in writing:

(1) General. To the extent authorized by applicable Federal law, the Recipient agrees to facilitate, and assures that each Third Party Participant will facilitate, participation by small business concerns owned and controlled by socially and economically disadvantaged individuals, also referred to as “Disadvantaged Business Enterprises” (DBEs), in the Project as follows:

(a) Statutory and Regulatory Requirements. The Recipient agrees to comply with:

1 Section 1101(b) of MAP-21, 23 U.S.C. § 101 note,

2 U.S. DOT regulations, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs,” 49 C.F.R. part 26, and

3 Federal transit law, specifically 49 U.S.C. § 5332, as provided in section 13.a of this Master Agreement,

(b) DBE Program Requirements. Recipients receiving planning, capital and/or operating assistance that will award prime third party contracts exceeding $250,000 in a Federal fiscal year must:

1 Have a DBE program meeting the requirements of 49 C.F.R. part 26,

2 Implement a DBE program approved by FTA, and

3 Establish an annual DBE participation goal,

(c) Special Requirements for a Transit Vehicle Manufacturer. The Recipient understands and agrees that each transit vehicle manufacturer, as a condition of being authorized to bid or propose on FTA-assisted transit vehicle procurements, must certify that it has complied with the requirements of 49 C.F.R. part 26,

(d) Assurance. As required under 49 C.F.R. § 26.13(a), the Recipient agrees and assures that:

1 It must not discriminate on the basis of race, color, national origin, or sex in the:

a Award and performance of any FTA or U.S. DOT-assisted contract, or

b Administration of its DBE program or the requirements of 49 C.F.R. part 26,

2 It must take all necessary and reasonable steps under 49 C.F.R. part 26 to ensure nondiscrimination in the award and administration of

U.S. DOT-assisted contracts,

3 Its DBE program, as required under 49 C.F.R. part 26 and as approved by U.S. DOT, is incorporated by reference in its Underlying Agreement, and

4 Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement, and

(e) Upon notification to the Recipient of its failure to carry out its approved program, FTA or U.S. DOT may:

1 Impose sanctions as provided for under 49 C.F.R. part 26, and

2 In appropriate cases, refer the matter for enforcement under:

a 18 U.S.C. § 1001,

b The Program Fraud Civil Remedies Act of 1986, 31 U.S.C. § 3801

et seq., or

c Both, but

(2) Exception for the Tribal Transit Program. FTA exempts Indian tribes from the Disadvantaged Business Enterprise regulations at 49 C.F.R. part 26 under MAP-21 and previous legislation,

e. Nondiscrimination on the Basis of Sex. The Recipient agrees to comply with Federal prohibitions against discrimination on the basis of sex, including:

(1) Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. § 1681 et seq.,

(2) U.S. DOT regulations, “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance,” 49 C.F.R. part 25, and

(3) Federal transit law, specifically 49 U.S.C. § 5332, as provided in section 13.a of this Master Agreement,

f. Nondiscrimination on the Basis of Age. The Recipient agrees to comply with Federal prohibitions against discrimination on the basis of age, including:

(1) The Age Discrimination in Employment Act, 29 U.S.C. §§ 621 – 634, which prohibits discrimination on the basis of age,

(2) U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, “Age Discrimination in Employment Act,” 29 C.F.R. part 1625, which implements the Age Discrimination in Employment Act,

(3) The Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., which prohibits discrimination against individuals on the basis of age in the administration of programs or activities receiving Federal funds,

(4) U.S. Health and Human Services regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45 C.F.R. part 90, which implements the Age Discrimination Act of 1975, and

(5) Federal transit law, specifically 49 U.S.C. § 5332, as provided in section 13.a of this Master Agreement,

g. Nondiscrimination on the Basis of Disability. The Recipient agrees to comply with the following Federal prohibitions against discrimination on the basis of disability:

(1) Federal laws, including:

(a) Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits discrimination on the basis of disability in the administration of federally funded programs or activities,

(b) The Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. § 12101 et seq., which requires that accessible facilities and services be made available to individuals with disabilities, but

1 General. Titles I, II, and III of the ADA apply to FTA Recipients, but

2 Indian Tribes. While Titles II and III of the ADA apply to Indian Tribes, Title I of the ADA exempts Indian Tribes from the definition of “employer,”

(c) The Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., which requires that buildings and public accommodations be accessible to individuals with disabilities,

(d) Federal transit law, specifically 49 U.S.C. § 5332, which now includes disability as a prohibited basis for discrimination, and

(e) Other applicable laws and amendments pertaining to access for seniors or individuals with disabilities,

(2) Federal regulations, including:

(a) U.S. DOT regulations, “Transportation Services for Individuals with Disabilities (ADA),” 49 C.F.R. part 37,

(b) U.S. DOT regulations, “Nondiscrimination on the Basis of Disability in Programs and Activities Receiving or Benefiting from Federal Financial Assistance,” 49 C.F.R. part 27,

(c) U.S. DOT regulations, “Transportation for Individuals with Disabilities: Passenger Vessels,” 49 C.F.R. part 39,

(d) Joint U.S. Architectural and Transportation Barriers Compliance Board

(U.S. ATBCB) and 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,

(e) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability in State and Local Government Services,” 28 C.F.R. part 35,

(f) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities,” 28 C.F.R. part 36,

(g) U.S. EEOC, “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29 C.F.R. part 1630,

(h) U.S. Federal Communications Commission regulations, “Telecommunications Relay Services and Related Customer Premises Equipment for Persons with Disabilities,” 47 C.F.R. part 64, Subpart F,

(i) U.S. ATBCB regulations, “Electronic and Information Technology Accessibility Standards,” 36 C.F.R. part 1194, and

(j) FTA regulations, “Transportation for Elderly and Handicapped Persons,” 49 C.F.R. part 609, and

(3) Other applicable Federal civil rights and nondiscrimination guidance,

h. Drug or Alcohol Abuse -Confidentiality and Other Civil Rights Protections. The Recipient agrees to comply with the confidentiality and civil rights protections of:

(1) The Drug Abuse Office and Treatment Act of 1972, as amended, 21 U.S.C. § 1101 et seq.,

(2) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended, 42 U.S.C. § 4541 et seq., and

(3) The Public Health Service Act, as amended, 42 U.S.C. §§ 290dd – 290dd-2,

i. Access to Services for People with Limited English Proficiency. Except as the Federal Government determines otherwise in writing, the Recipient agrees to promote accessibility of public transportation services to people with limited understanding of English by following:

(1) Executive Order No. 13166, “Improving Access to Services for Persons with Limited English Proficiency,” August 11, 2000, 42 U.S.C. § 2000d-1 note, and

(2) U.S. DOT Notice, “DOT Policy Guidance Concerning Recipients’ Responsibilities to Limited English Proficiency (LEP) Persons,” 70 Fed. Reg. 74087, December 14, 2005,

j. Other Nondiscrimination Laws and Regulations. Except as the Federal Government determines otherwise in writing, the Recipient agrees to:

1) Comply with other applicable Federal nondiscrimination laws and regulations, and

2) Follow Federal guidance prohibiting discrimination, and

k. Remedies. Remedies for failure to comply with applicable Federal Civil Rights laws and Federal regulations may be enforced as provided in those Federal laws or Federal regulations.

Preference for United States Products and Services.

Except as the Federal Government determines otherwise in writing, the Recipient agrees to comply with FTA’s U.S. domestic preference requirements and follow Federal guidance, including the:

a. Buy America. Domestic preference procurement requirements of:

(1) 49 U.S.C. § 5323(j), as amended by MAP-21, and

(2) FTA regulations, “Buy America Requirements,” 49 C.F.R. part 661, to the extent consistent with MAP-21,

Procurement. The Recipient agrees that it will not use FTA funds for third party procurements unless there is satisfactory compliance with Federal requirements. Therefore:

a. Federal Laws, Regulations, and Guidance. The recipient agrees:

1) To comply with the requirements of 49 U.S.C. chapter 53 and other applicable Federal laws and regulations now in effect or later that affect its third party procurements,

2) To comply with U.S. DOT third party procurement regulations, specifically 49 C.F.R. § 18.36 or 49 C.F.R. §§ 19.40-19.48, and other applicable Federal regulations that affect its third party procurements in effect now and as may be later amended,

3) To follow the most recent edition and many revisions of FTA Circular 4220.1, “Third Party Contracting Guidance,” to the extent consistent with applicable Federal laws, regulations, and guidance, except as FTA determines otherwise in writing, and

4) That although the FTA “Best Practices Procurement Manual” provides additional third party contracting guidance, the Manual may lack the necessary information for compliance with certain Federal requirements that apply to specific third party contracts at this time,

m. Preference for Recycled Products. Except as the Federal Government determines otherwise in writing, the Recipient agrees to provide a competitive preference for those products and services that conserve natural resources, protect the environment, and are energy efficient by:

1) Complying and facilitating compliance with Section 6002 of the Resource Conservation and Recovery act, as amended, 42 U.S.C. § 6962, and

2) Complying with U.S. Environmental Protection Agency (U.S. EPA), “Comprehensive Procurement Guidance for Products Containing Recovered Materials,” 40 C.F.R. part 247,

n. Clean Air and Clean Water. The recipient agrees to include adequate provisions in each third party agreement exceeding $100,000 to ensure that each Third Party Participant will agree to:

1) Report the use of facilities placed on or likely to be placed on the U.S. EPA “List of Violating Facilities,”

2) Refrain from using any violating facilities,

3) Report violations to FTA and the Regional U.S. EPA Office, and

4) Comply with the inspection and other requirements of:

a) Section 306 of the Clean Air Act, as amended, 42 U.S.C. § 7606, and other requirements of the Clean Air Act, as amended, 42 U.S.C. §§ 7401-7671q, and

b) Section 508 of the Clean Water Act, as amended, 33 U.S.C. § 1368, and other requirements of the Clean Water Act, as amended, 33 U.S.C. §§ 1251-1377,

Energy Conservation. The Recipient agrees to, and assures its Subrecipients will:

State Energy Conservation Plans. Comply with the mandatory energy standards and policies of its State energy conservation plans under the Energy Policy and Conservation Act, as amended, 42 U.S.C. § 6321 et seq., except as the Federal Government determines otherwise in writing, and

Energy Assessment. Perform an energy assessment for any building constructed, reconstructed, or modified with FTA funds required under FTA regulations, “Requirements for Energy Assessments,” 49 C.F.R. part 622, subpart C.

THE FOLLOWING CVTD REQUIRED PROTEST PROCEDURES

5.1.2 Solicitation Provision

a. Pre-Proposal Protests – All protests concerning solicitation specifications, criteria and/or procedures shall be submitted in writing (defined as being sent or received via letter or facsimile on official firm/agency letterhead or by electronic mail) to the CVCOG Executive Director as specified below not later than 10 business days prior to the deadline for submission of bids/proposals.

The CVCOG Executive Director may, within his or her discretion, postpone the deadline for submission of bids/proposals, but in any case, shall provide a written response to all protests not later than five (5) business days prior to the deadline for submission of bids/proposals. If the deadline for submission of bids/proposals is postponed by the CVCOG Executive Director as the result of a protest the postponement will be announced through an addendum to the solicitation.

The decision by the CVCOG Executive Director shall be the final agency decision on the matter but shall be subject to judicial review or review by FTA below.

b. Pre-Award Protests – With respect to protests made after the deadline for submission of bids/proposals but before contract award by CVCOG, protests shall be limited to those protests alleging a violation of Federal or State law, a challenge to the bids/proposals evaluation and award process, CVCOG’s failure to have or follow its protest procedures or its failure to review a complaint or protest. Such protests shall be submitted in writing (defined as being sent or received via letter or facsimile on official firm/agency letterhead or by electronic mail) to the CVTD Executive Director as specified below not later than five (5) business days after the Recommendation for Contract Award announcement by CVCOG.

The CVCOG Executive Director may, within his or her discretion, postpone the award of the contract, but in any case, shall provide a written response to all protests not later than three (3) business days prior to the date that CVCOG shall announce the contract award.

The decision by the CVCOG Executive Director shall be the final agency decision on the matter but shall be subject to judicial review or review by FTA as specified below.

c. Requirements for Protests – All protests must be submitted to CVCOG in writing (defined as being sent or received via letter or facsimile on official firm/agency letterhead or by electronic mail), with sufficient documentation, evidence and legal authority to demonstrate that the Protestor is entitled to the relief requested. The protest must be certified as being true and correct to the best knowledge and information of the Protestor, be signed by the Protestor, and be notarized. The protest must also include a mailing address to which a response should be sent.

Protests received after the deadlines for receipt of protests specified above are subject to denial without any requirement for review or action by CVCOG.

All protests must be directed in writing (defined as being sent or received via letter or facsimile on official firm/agency letterhead or by electronic mail) to:

Executive Director, Concho Valley Transit District

c/o CVCOG Procurement

2801 W. Loop 306, Suite A or P.O. Box 60050

San Angelo, TX 76906 San Angelo, TX 76906

d. Protest Response - The CVCOG Executive Director shall issue written responses to all protests received by the required protest response dates. All protest responses shall be transmitted by first-class U.S. Postal Service to the address indicated in the protest letter.

For convenience, CVCOG will also send a copy of the response to a protest to the Protester by facsimile and/or electronic mail if a facsimile number and/or electronic mail address are indicated in the protest letter. The protest response transmitted by U.S. Postal Service shall be the official CVCOG response to the protest and CVCOG will not be responsible for the failure of the Protester to receive the protest response by either facsimile or electronic mail.

Review of Protests by FTA – All protests involving contracts financed with federal assistance shall be disclosed to the FTA in accordance with FTA Circular 4220.1F. Protesters shall exhaust all administrative remedies with CVCOG prior to pursuing protests with FTA. FTA limits its reviews of protests to: a grantee’s failure to have or follow its protest procedures; a grantee’s failure to review a complaint or protest when presented an opportunity to do so; or violations of Federal law or regulation. Appeals to FTA must be received by the cognizant FTA regional or headquarters office within five (5) working days of the date the Protester has received actual or constructive notice of CVCOG’s final decision or within five (5) working days of the date the Protester has identified other grounds for appeal to FTA.

Appendix A

Concho Valley Council of Governments

Proposal Cover Sheet – Depository Services

|Name of Proposing Entity | |

|Legal Name of Parent Company | |

|Name and Title of Parent Company CEO | |

|Name and Title of Authorized Signatory Official, if | |

|different from CEO | |

|Mailing Address and Physical Address, if different | |

|Phone Number | |

|Fax Number | |

|Website Address | |

|Name and Title of Proposal Liaison | |

|Phone Number for Proposal Liaison | |

|Fax Number for Proposal Liaison | |

|E-mail Address for Proposal Liaison | |

|Federal Tax ID Number | |

|Date of submission | |

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