HomeMy WebLinkAboutPR 11735: TRANSIT VANSINTEROFFICE MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
STEVE FITZGIBBONS, CITY MANAGER
DALE L. WATSON, DIRECTOR OF PLANNING
PAL NO. 11735 - GRANT AGREEMENT
04/10/02
RECOMMENDATION:
I recommend that Proposed Resolution No. 11735 be approved. This Resolution
authorizes the City Manager to execute a grant agreement with the Texas Department of
Transportation for $168,000 in funds for the purchase of two type III transit vehicles.
BACKGROUND:
TXDOT has received a grant from the Federal Transit Administration for the purchase of
transit vehicles. They are passing this money through to the local transit systems in the
state. We are receiving a total of $168,000. The state is providing the match through the
use of toll credits.
We recently purchased two diesel fueled type III vans for $85,000 each. The state is
requiring that these vans be alternatively fueled or dual fueled. This will increase the
vehicle cost. We think we can make changes in the specifications to reduce the cost of
purchase of these vans. The City would be responsible for any cost over the $168,000
provided
BUDGETARY/FISCAL EFFECT:
There is no local match required for this project, however the city would be responsible
for any cost over $168,000.
STAFFING/EMPLOYEE EFFECT:
None
SUMMARY:
I recommend that Proposed Resolution No. 11735 be approved.
P.R. No. 11735
04/09/02 DLW
RESOLUTION NO.
A RESOLUTION AUTHORIZING AN AGREEMENT WITH
THE TEXAS DEPARTMENT OF TRANSPORTATION FOR
THE PURCHASE OF TWO TRANSIT VEHICLES
WHEREAS, the Texas Department of Transportation has approved thc allocation of $168,000 in
federal funds for the purchase of two transit vehicles for the Port Arthur Transit System; and,
WHEREAS, the agreement provides for the usc of toll credits in the amount of $42,000 in place of
a local match; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
THAT the City Manager is hereby authorized to execute Contract No. 51220F6012 (Project No.
VCR 0202 (20) between the State of Texas, acting by and through the Texas Department of
Transportation and the City of Port Arthur for financial assistance, a copy of said agreement being
attached hereto as Exhibit "A".
THAT a copy of the caption of this Resolution be spread upon the Minutes of the City Council.
READ, ADOPTED AND APPROVED this __ day of April, A.D., 2002,at a Regular
Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES:
MAYOR
COUNCILMEMBERS:
NOES:
P.R. NO. 11735
04/09/02
Page 2 of 2
ATTEST:
City Secretary
APPROVED AS TO FORM:
City Attorney
APPROVED FOR ADMINISTRATION:
Mayor
City Manager
Director of Planning
~OVED A~-~ AVAILABILITY OF FUNDS:
Director of Finance
SUBRECIPIENT: CITY OF PORT ARTIIUR
STATE PROJECT NO.: VCR 0202(20)
MISC. CONTRACT NO.: $1220F6012
Exhibit "A"
P.R. 11735
Cnpi~l tnves~raent GrnnC~ nnd Lonn~
(49 U.S.C.
CFDA Number 20500
STATE/LOCAL GRANT AGREEMENT
CAPITAL INVESTMENT PROGRAM
THE STATE OF TEXAS §
THE COUNTY OF TRAVIS §
THIS GRANT AGREEMENT is made by and between the State of Texas, acting through the
Texas Department of Transportation, hereinafter called the "State," and, CITY OF PORT
ARTHUR, hereinafter called the "SUBRECIPIENT."
WITNESSETH
WHEREAS, 49 U.S.C. §5309(m)(1)(c), authorizes the U.S. Secretary of TransP0rtation
to,make grants to state governments to assist in financing capital projects that will benefit the
country's transit systems; ands
WHEREAS, the Governor of the State o.fTexas has designated the Texas Department of
Transportation (State) to receive federal funds under the Section 5309 program; and,
WHEREAS, Transportation Code, Chapter 455, authorizes the State to assist the
Subrecipient in procuring aid for the purpose of establishing and maintaining public and mass
transportation projects and to administer funds appropriated for public transportation under
Transportation Code, Chapter 456; and,
WHEREAS, the Subrecipient submitted an application under Section 5309 for federal
financial assistance to be used to finance capital projects to benefit Texas' transit systems; and,
WHEREAS, the U.S. Secretary of Transportation approved the State's request;
NOW, THEREFORE, in consideration of the premises and of the mutual covenants
hereinafter set forth, the State and the Subrecipient hereto agree as follows.
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AGREEMENT
'ARTICLE 1. GRANT PERIOD
This grant agreement becomes effective when fully e~ecuted by both parties or on April 1, 2002,
whichever is later. This grant agreement shall terminate on April 30, 2003, unless terminated or
otherwise modified as hereinafter provided.
ARTICLE 2. PROJECT DESCRIPTION
The Subrecipient shall commence, carry out and complete the public transportation project
described in Attachment A, Approved Project Description, with all practicable dispatch, in a
sound, economical and efficient manner. The subrecipient shall carryout the public
transportation project described in Attachment A, Approved Project Description in accordance
with the provisions of the Project Description, this grant agreement, federal and state law, and
federal and state regulations as hereinafter referenced, including but not limited to:; 49 U.S.C.
§5309(m)(1)(c); Uniform Administrative Requirements for Grants and Cooperative Agreements
to State and Local Governments (49 CFR Part 18); and Uniform Administrative Requirements
for Grants and Agreements with Institutions of Higher Education, Hospitals, and other Non-
Profit Organizations (49 CFR 19).
A. The Subrecipient shall begin competitive procurement procedures no later than thirty (30)
days after the effective date of this grant agreement for the purchase of the approved line
item(s) referenced in Attachment B, Approved Project Budget. No later than sixty (60)
days after the issuance of public notification, the Subrecipient shall publicly open all bids.
The Subrecipient shall issue a purchase order no later than thirty (30) days after the
opening of an acceptable bid. The Subi'ecipient shall notify the department in writing
when it is necessary to exceed these deadlines.
ARTICLE 3. COMPENSATION
A. The maximum amount payable under this grant agreement without modification is $168,000.00
and toll credits in the amount of 42,000 provided that expenditures are made in accordance
with the amounts and for the purposes authorized in Attachment A, Approved Project
Description and Attachment B, Approved Project Budget.
B. The State's reimbursement to the Subrecipient is contingent upon tile availability &appropriated
funds. The State shall have no liability for any claim submitted by the Subrecipient or its
subcontractors, vendors, manufacturers or suppliers if sufficient federal or state funds are not
available to pay the Subrecipient's claims.
C. To be eligible for reimbursement under this grant agreement, a cost must be incurred within tile
grant agreement period specified in Article 1, Grant Period, and be authorized in Attachment
A, Approved Project Description and Attachment B, Approved Project Bridget.
D. Reimbursement of costs incurred under this grant agreement is further governed by cost
principles outlined in applicabl.e Federal Office of Management and Budget (OMB)
publications as follows:
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· OMB Circular A-21, Cost Principles for Educational Institutions
· OMB Circular A-87, Cost Principles for State and Local Governments
· OMB Circular A-122, Cost Principles for Nonprofit Organizations
Costs claimed by the Subrecipient shall be actual net costs, that is, the price paid minus any
refunds, rebates or other items of value received by the Subrecipient that have the effect of
reducing the cost actually incurred.
The Subrecipient may submit requests for reimbursement to the State no more frequently than
monthly using invoice statements acceptable to the State. Requests for reimbursement must
be furnished to the State within forty-five (45) days of the end of the month during which the
costs were incurred. Additional documentation to support any cost incurred during the
billing period may be required at the discretion of the State. As a minimum, each billing must
be accompanied by a summary by budget line item which indicates the total amount
authorized for each line item, previous expenditures, current period expenditures and the
balance remaining in the line item.
The original and one copy of the invoice is to be submitted to the following address:
Walter Crook, P.E.
District Engineer
Texas Department of Transportation
8350 Eastex Fr~vy
Beaumont, Texas 77708-3468
The State will make payment within thirty (30) days of the receipt of properly prepared requests
for reimbursement.
The Subrecipient will submit a final billing within forty-five (45) days of the completion or
termination of the grant agreement in accordance with Article 1, Grant Period.
The Subrecipient shall pay all subcontractors for work performed within 10 days after the
Subrecipient receives payment for the work performed by the subcontractor.
The above requirements are also applicable to all sub-tier subcontractors and the above
provisions shall be made a part of ail Subr6cipient agreements.
Failure to comply with any of the above requirements may cause withholding of payments to
the Subrecipients.
ARTICLE 4. AMENDMENTS
Except as noted below, changes in the scope, objectives, cost or duration of the project
authorized herein shall be enacted by written amendment approved by the parties hereto before
additional work may be performed or additional costs incurred. Any amendment so approved
must be executed by both parties within the grant period specified in Article 1, Grant Period.
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ARTICLE 5. SUBCONTRACTS
The Subrecipient shall not enter into any subcontract with any individuals or organization for the
purchase of equipment and/or services without prior authorization and consent to the purchase
agreement by the State. Any subcontracts for professional services rendered by individuals or
organizations not a part of the Subrecipient's organization shall not be executed without prior
authorization and approval of the subcontract by the State. Subcontracts in excess of $25,000
shall contain all required provisions of this Contract. No subcontract will relieve the
Subrccipicnt of their responsibility under this Contract.
ARTICLE 6. RETENTION OF RECORDS
A. The Subrecipient agrees to maintain all documents, reports, papers, accounting records, and other
evidence pertaining to costs incurred under this agreement (the Records) at its office during
the grant period and for four (4) years from the date of final payment under the grant. Such
Records shall be made available during the specified period for inspection by the State, the
U.S. Department of Transportation, the Office of the Inspector General, and any of their
authorized representatives for the purpose of making audits, examinations, excerpts, and
transcriptions.
B. Records for nonexpendable property acquired with Federal or State funds shall be retained for
four (4) years after final disposition of the property.
C. If any litigation, claim, or audit is started before the expiration of the four year retention period,
the Records shall be retained until all litigation, claims, or audit findings involving the
' Records have been resolved.
D. When Records are transferred to or maintained by the federal or state sponsoring agency, the four
year retention requirement is not applicable-to the Subrecipient.
E. The Subrecipient further agrees to include these provisions in each subcontract.
ARTICLE 7. SINGLE AUDIT REQUIREMENTS
Subrecipient audit procedures shall meet or exceed the ~ingle audit requirements outlined in
Office &Management and Budget (OMB) publications as follows:
· Audits of States, Local Governments, and Non-Profit Organizations OMB Circular A-
133
ARTICLE 8. FINANCIAL MANAGEMENT SYSTEM
The Subrecipient's financial management system shall meet or exceed the requirements of the
"Uniform Administrative Requirements for Grants and Cooperative Agreements to State and
Local Governments" (49 CFR Part 18.20) and/or Uniform Administrative Requirements for
Grants and Agreements with Institutions of Higher Education, Hospitals, and other Non-Profit
Organizations (49 CFR Part 19.21). Those requirements include, but are not limited to:
A. Accurate, current, and complete disclosure of the financial results of each grant program in
accordance with State and Federal reporting requirements.
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B. Records which adequately identify the source and application of funds for want-supported
activities. These records shall contain information pertaining to grant awards and
authorization, obligations, commitments, assets, liabilities, outlays and income.
C. Effective control over and accountability for all funds, property and other assets. The
Subrecipient shall adequately safeguard all su6h assets and shall assure that they are used
solely for authorized purposes.
D. Comparison of actual with budgeted amounts for each'grant agreement, and relation of
financial information to performance or productivity data, including the production of
unit cost information, whenever appropriate and required by the State.
E. Procedures fur determining the eligibility for reimbursement and proper allocati°n °f c°sts'
F. Accounting records which are supported by source documentation.
G. A systematic method to assure timely and appropriate resolution of audit findings and
recommendations.
ARTICLE 9. PROCUREMENT STANDARDS
Subrecipient procurement standards shall meet or exceed the requirements of the "Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments" (49 CFR Part 18.36) and/or "Uniform Administrative Requirements for Grants
and Agreements with Institutions of Higher Education, Hospitals, and other Non-Profit
Organizations" (49 CFR 19.40-19.48), and FTA Circular FTA C 4220.1D, including standards
for competitive procurements; methods of procurement; contracting with small and minority
firms, women's business enterprise and labor' surplus area firms; contract cost and price;
awarding agency review; insurance and bonding.. The Subrecipient's procurement system must
include but not be limited to the following procurement standards:
A. Procurement procedures which reflect applicable state and local laws and regulations,
provided that the procurements conform to applicable federal law and the standards
identified in this section.
B. A contract administration system which ensures that Subrecipients perform in accordance
xvith the terms, conditions, and specifications of their contracts or purchase orders.
C. A written code of standards of conduct governing the performance of employees engaged in
the award and administration of contracts. No employee, officer, or agency of the
Subrecipient shall participate in selection or in the award or administration of a contract
supported by state or federal funds if a conflict of interest, real or apparent, would be
involved.
D. A process for review of proposed procurements to avoid purchase of unnecessary or
duplicative items.
E. Use of state and local intergovernmental agreements for procurement or use of common
goods and services to foster greater economy and efficiency.
F. Use of value engineering clauses in contracts for constructi°n pr°jeers'
G. Awards made only to responsible contractors possessing the ability to perform successfully
under the terms and conditions of a proposed procurement, giving consideration to such
matters as contractor integrity, compliance with public policy, record of past
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performance, and financial and technical resources.
H. Records sufficient to detail the significant history of a procurement, including rationale for
the method of procurement, selection of contract type, contractor selection or rejection,
and the basis for the contract price.
I. Limited use of time-and-materials contracts.
& Use of good administrative practice and sound business :judgment to settle contractual and
administrative issues arising out of procurements.
K. Protest procedures to handle and resolve disputes relating to procurements and prompt
disclosure to the State of information regarding the protest.
L. Procurement transactions conducted in a manner that provides full and open competition.
Upon procurement of items under this grant agreement, the Subrecipient shall submit to the State
a list of all bidders and subcontractors that quoted on the procured items. The Subrecipient shall
submit the list with their requests for reimbursements and must include names, addresses,
telephone numbers, and type(s) of work quoted.
ARTICLE 10. REAL PROPERTY MANAGEMENT
A. The Subrecipient will comply with management standards set forth in the "Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments" (49 CFR Part 18.31) and/or "Uniform Administrative Requirements for Grants
and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit
~ Organizations" (49 CFR Part 19.32) acquisition, use, and disposition of real property
acquired under the grant.
B. The State must concur in the award of ali purchase orders for non-expendable personal property
as defined in 49 CFR Part 18.31 and 49 CFR Part 19.32
ARTICLE 11. EQUIPMENT MANAGEMENT
A. The Submcipient will comply with State management standards and with management standards
specified in the "Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments" (49 CFR Part 18.32) and/or "Uniform
Administrative Requirements for Grants and Agreements with Institutions of Higher
Education, Hospitals, and other Non-Profit Organizations" (49 CFR 19.34) in the control,
use, and disposition of equipment acquired under this grant.
B. Management standards include:
L Subrecipient shall record the State's security interest as a lien on the certificate of title of '
the vehicle at the time of purchase in accordance with Transportation Code, Chapter
501.
1L Maintain equipment records that include a description of the equipment; a serial number
or other identification number; the source of equipment; who holds title; the
acquisition date and cost of the equipment; percentage of federal and state
participation in the cost of the equipment; the location, use and condition of the
equipment; maintenance history for each vehicle; and ultimate disposition data
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including the date of disposal and sale price.
III.Conduct a physical inventory of the equipment at least once every two (2) years and
reconcile the inventory with equipment records described in the preceding paragraph.
IV. Develop a control system to ensure adequate safeguards to prevent loss, damage, or theft
of the equipment. Any loss, damage, or theft shall be investigated.
V. Develop and follow procedures to keep the equipment maintained and in good condition.
As a minimum, the Subrecipient shall follow the Vehicle maintenance schedule
recommended by the manufacturer, showing the date the maintenance was performed.
Maintenance records shall be provided to the State upon request.
VI. Request disposition approval and instructions from the State, and if authorized to sell the
equipment, use proper sales procedures to insure the highest possible return.
C. The Subrecipient will comply with Title 43, Texas Administrative Code, {}31.53, to protect the
public investment in real property and equipment purchased in whole or in part with state or
federal funds.
D. In the event that project equipment is not used in the proper manner or is withdrawn from public
transportation services, the Subrecipient shall immediately notify the State. The State
reserves the right to direct the sale or transfer of property acquired under this grant agreement
upon determination by the State that said property has not been fully or properly used.
E. When original or replacement equipment acquired under a grant is no longer needed for the
original project or program or for other activities currently or previously supported by a
federal or state agency, the Subrecipient shall contact the State to request authority to dispose
of the equipment, and the State shall issue disposition instructions in accordance with 49
CFR Part 18.32 and/or 49 CFR Part 19.34.
F. All vehicles purchased under this grant agredment shall comply with the Motor Vehicle Safety
Standards established by the U.S. Department of Transportation.
G. All vehicles purchased under tbis grant agreement shall comply with all federal motor vehicle
anti-pollution requirements.
H. All vehicles purchased under this grant agreement shall comply witb the bus testing requirements
set forth at 49 USC 5323(c) and 49 CFR 665.
I. The Subrecipient shall not execute any lease, pledge, mortgage, lien or other contract touching or
affecting the Federal or State interest in any project facility or equipment; nor shall the
Subrecipient by any act or omission of any kind adversely affect the Federal or State interest
or impair its continuing control over the use of project facilities or equipment.
J. The Subrecipicnt shall comply with requirements set forth at 49 USC 5323(1) and 49 CFR 663
regarding pre-award and post-delivery audit requirements.
K. Irrespective of coverage by insurance, unless otherwise approved in writing by the State, in the
event of loss or damage to project property, whether by casualty or fire, the fair market value
will be the value of the property immediately before the casualty or fire.
L In the event of loss due to casualty or fire, straight line depreciation of the asset, based on the
industry standard for a useful life, shall be considered fair market value unless otherwise
approved by the State.
M. The Recipient/Subrecipient shall notify the State immediately of theft, wreck, vandalism or other
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destruction of project-related facilities or equipment.
.ARTICLE 12. VEHICLE INSURANCE REQUIREMENTS
The Recipient/Subrecipicnts shall maintain at least the minimum insurance on all vehicles and
other nonexpendable personal property as required by the insurance regulations of the State of
Texas.
ARTICLE 13. BUY AMERICA
The Subrecipient agrees to comply with applicable Buy America requirements set forth in 49
U.S.C. 5323(h)(j) and 49 CFR Part 661.
ARTICLE 14. CARGO PREFERENCE
The Subrecipient agrees: a. to use privately owned United States-Flag commercial vessels to ship
at least 50 percent &the gross tonnage (computed separately for dry bulk carriers, dry cargo
liners, and tankers) involved, whenever shipping any equipment, material, or commodities
pursuant to the underlying contract to the extent such vessels are available at fair and reasonable
rates for United States-Flag commercial vessels; b. to furnish within 20 working days following
the date of loading for shipments originating within the United States or within 30 working days
following the date of leading for shipments originating outside the United States, a legible copy
of a rated, "on-board" commercial ocean bill-of-lading in English for each shipment of cargo
described in the preceding paragraph to the Division of National Cargo, Office of Market
Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient
(through the Subrecipient in the case ora subcontractor's bill-of-lading.) c. to include these
requirements in all subcontracts issued pursuant tb this contract when the subcontract may
involve the transport &equipment, material, or commodities by ocean vessel.
ARTICLE 15. COORDINATION
According to Title 43 of the Texas Adm#~istrative Code §31.49, the Subrecipient will at ail
times coordinate the provision of public transportation services with other transportation
operators, both public and private, in the area. The Subrecipient will furnish the State copies
of any agreement resulting from such coordination. Agreements which authorize the payment
of project funds to another entity are subject to.the approval requirements described in Article
5, Subcontracts. According to FTA C 9070.1E, the Recipient/Subrecipient shall also provide
transportation to the general public on an incidental basis if such service does not interfere
with transportation services for the general elderly and disabled public. The Subrecipient
even at times where practicable, shall make available the vehicle itself purchased under this
program available to provide transportation to other elderly persons and persons with
disabilities beyond its own clients or not being used for grant-related purposes.
ARTICLE 16. LABOR PROTECTION PROVISIONS
A. The Subrecipient agrees to undertake, carry out and complete the project under the terms and
conditions determined by the Secretary of the United States Department &Labor to be fair and
equitable to protect the interests of employees affected by the project and meeting the
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requirements of 49 U.S.C. 5333(b). The Submcipient shall maintain documentation of
compliance efforts in accordance with retention and accessibility requirements set forth in Article
6, Retention of Records.
'B. The Subrecipient agrees to the comply with applicable transit employee protective
requirements as required under the Transit Employee Protective Agreements as set forth under 49
U.S.C.§5310, {}5311, and §5333 and 29 CFR Part 215.
C. If applicable, the Subrecipient shall comply with the labor protection provision as listed below.
The Public Body, CITY OF PORT ARTHUR, agrees that the following terms and
conditions shall apply for the protection of employees in the mass passenger transportation
industry in the area of the project:
The project shall be carried out in such a manner and upon such terms and conditions as will not
adversely affect employees in the mass passenger transportation industry within the
service area of the project.
All rights, privileges, and benefits (including pension rights and benefits) of employees
(including employees already retired) shall be preserved and continued.
The Public Body shall be financially responsible for any deprivation of employment or other
worsening of employment position as a result of the project.
In the event an employee is terminated or laid off as a result of the project, he shall be granted
priority of employment or reemployment to fill any vacant position for which he or she is,
or by training or retraining can become, qualified. In the event training is required by
such employment or reemployment, the Public Body shall provide or provide for such
training or retraining at no cost to the employee.
Any employee who is laid off or otherwise deprived of employment or placed in a worse position
with respect to compensation, hours, working conditions, fringe benefits, or rights and
privileges pertaining thereto at any time during his or her employment as a result of the
project, including any program of efficiencies or eqonomies directly or indirectly related
thereto, shall be entitled to receive any applicable rights, privileges and benefits as
specified in the employee protective arrangement certified by the Secretary of Labor
under Section 405 (b) of the Rail Passenger Service Act of 1970 on April 16, 1971. An
employee shall not be regarded as deprived of employment or placed in a worse position
with respect to compensation, etc., in case of his or her resignation, death, retirement,
dismissal for cause, or failure to work due to disability or discipline. The phrase "as a
result of the project" as used herein shall include events occurring in anticipation of,
during, and subsequent to the project.
In the event any provision of these conditions is held to the invalid or otherwise unenforceable,
the Public Body, the employees and/or their representatives may invoke the jurisdiction of
the Secretary of Labor to determine substitute fair and equitable employee protective
arrangements which shall be incorporated in these conditions.
The Public Body agrees that any controversy respecting the project's effects upon employees, the
interpretation or application of these conditions and the disposition of any claim arising
hereunder may be submitted by any party to the dispute including the employees' or their
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.8.
representative for determination by the Secretary of Labor, whose decision shall be
final.
The Public Body shall maintain and keep on file all relevant books and records in sufficient
detail as to provide the basic information necessary to the making of the decisions called
for in the preceding paragraph.
The Public Body will post, in a prominent and accessible place, a notice stating that the Public
Body is a recipient of Federal assistance under the Federal Transit Act and has agreed to
comply with the provisions of 49 U.S.C., Section 5333 (b).
The notice shall also specify the terms and conditions set forth herein for the protection of
employees.
ARTICLE 17. CHARTER AND SCHOOL BUS OPERATIONS
A. The Subrecipient, or any subcontractor acting on its behalf, shall not engage in charter bus
operations outside the project area within which it provides regularly scheduled public
transportation service, except as provided under Section 3(f) of the Federal Transit Act of
1964, as amended, 49 USC 1602(0, and regulations pertaining to Charter Bus Operations, set
forth at 49 CFR Part 604 and any amendments that may be issued. Any subcontract entered
into under these regulations is incorporated into this Contract by reference.
B. The Subrecipient, or any subcontractor acting on its behalf, shall not engage in school bus
' operations, exclusively for the transportation of students or school personnel, in competition
with private school bus operators, except-as provided under Section 3(g) of the Federal
Transit Act of 1964, as amended, 49 USC 1602(g) and regulations pertaining to School Bus
Operations, set forth at 49 CFR Part 605 and any amendments thereto that may be issued.
Any subcontract entered into under these regulations is incorporated into this Contract by
reference.
ARTICLE 18. MONITORING
A. The State will monitor the progress of the project authorized in this agreement using appropriate
and necessary inspections, including but not limited to periodic reports, physical inspection
of project facilities, telephone conversations, letters, and conferences.
B. The State shall monitor and conduct fiscal and/or program audits of the Subrecipient and its
contractors to verify the extent of services provided under the terms of the grant agreement.
Representatives of the State or Federal government shall have access to project facilities and
records at all reasonable times.
C. The State and the U.S. Department of Transportation, and any authorized representative thereof,
have the right at ail reasonable times to inspect or otherwise evaluate the progress of the grant
hereunder and the project premises.
D. If any inspection or evaluation is made on the premises of the Subrecipient or a subcontractor,
the Subrecipient shall provide and require the subcontractor to provide all reasonable
facilities and assistance for the safety and convenience of the inspectors in the performance of
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their duties. All inspections and evaluations shall be performed in such a manner as will not
unduly delay the project.
"ARTICLE 19. REPORTS
A. The Subrecipient shall submit a brief narrative including but not limited to procurement
milestones, including date of purchase order, vendor name and location, and estimated
delivery date. Periodic reports shall thereafter include but not be limited to documentation of
the status of the procurement and the progress of the project. The State shall specify the
information needed, the format, and the frequency of the report. The Subrecipient shall
promptly advise the State in writing if at any time the progress of the project will be
negatively or positively impacted, including:
I. Problems, delays or adverse conditions that will materially affect the Subrecipient's ability to
attain program objectives, prevent the meeting of time schedules and goals, or preclude
the attainment of project work: units by established time periods. This disclosure shall be
accompanied by a statement of the action taken, or contemplated, by the Subrecipient and
any State assistance needed to resolve the situation.
II. Favorable developments or events that will enable the Subrecipient to meet time schedules
and goals sooner than anticipated or produce more work units than originally projected.
B. Every other year, or more frequently when instructed by the State, the Subrecipient shall condnct
a physical inventory of grant-supported property as set forth in Article 11, Equipment
Management, and furnish the State a copy of the inventory.
C.' The Subrecipient shall develop performance goals and management objectives in hccordance
with Title 43, Texas Administrative Code, §31.36.
D. The Subrecipient shall maintain written maintenance records for each grant-supported vehicle,
and shall make such records available to the State upon request. As a minimum, the
Subrecipient shall comply with the manufacturer's recommended maintenance schedule.
ARTICLE 20. DISPUTES AND REMEDIES
A. The Subrecipient shall be responsible for the settlement of all contractual and administrative
issues arising out &procurements entered in support of the grant.
B. Any dispute concerning the work hereunder', additional costs, or any other non-procurement issue
shall be submitted for resolution by informal mediation, in accordance with the requirements
of thc Governmental Dispute Resolution Act, Chapter 2009, Government Code.
C. This agreement shall not be considered as specifying the exclusive remedy for any default, but all
remedies existing at law and in equity may be availed of by either party and shall be
cumulative.
ARTICLE 21. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR
RELATED ACTS.
(1) The Subrecipient acknowledges that the provisions &the Program Fraud Civil Remedies Act
of 1986, as amended, 31 U.S.C. § § 3801 et se_~q, and U.S. DOT regulations, "Program Fraud
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Lynn Bab[.n. - Port Arthur.doc , '.'~'~ "-
Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon
execution of the underlying contract, the Subrecipient certifies or affirms the truthfulness and
accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to
.the underlying contract or the FTA assisted project for which this contract work is being
performed. In addition to other penalties that may be applicable, the Subrecipient further
acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim,
statement, submission, or certification, the Federal Government reserves the right to impose the
penalties of the Program Fraud Civil Remedies Act of 1986 on the Subrecipient to the extent tbe
Federal Government deems appropriate.
(2) The Subrecipient also acknowledges that if it makes, or causes to be made, a false, fictitious,
or fraudulent claim, statement, submission, or certification to the Federal Government under a
contract connected with a project that is financed in whole or in part with Federal assistance
originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the
right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the
Subrecipient, to the extent the Federal Government deems appropriate.
(3) The Subrecipient agrees to include the above two clauses in each subcontract financed in
whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses
shall not be modified, except to identify the subcontractor who will be subject to the provisions.
ARTICLE 22. TERMINATION
A. The State may terminate this grant agreement at any time before the date of completion whenever
it is determined that the Subrecipient has failed to comply with the conditions of the grant
. agreement. The State shall give written notice to the Subrecipient at least thirty (30) days
prior to the effective date of termination a_nd specify the effective date of termination, the
reason for the termination, and other termination instructions.
B. If both parties to this grant agreement agree that the continuation of the grant would not produce
beneficial results commensurate with the further expenditure of funds, the parties shall agree
upon the termination conditions, including the effective date. In the event that both parties
agree that resumption of the grant is warranted, a new grant agreement must be developed
and executed by both parties.
C. Either the State or the Subrecipient may terminate this agreement by giving notice in writing one
to the other for reasons of its own and not subject to the approval of the other party. In the
event of termination for convenience, neither the State nor the Subrecipient shall be subject
to additional liability except as otherwise provided in this agreement.
D. Upon termination of this grant agreement, whether for cause or at the convenience of the parties
hereto, title to all property and equipment remains with the Subrecipient subject to the
obligations and conditions set forth in this grant agreement and 49 CFR 18.31 and 18.32,
unless the state or federal funding agency issue disposition instructions to the contrary.
E. In the event of termination, the State may compensate the Subrecipient for those eligible
expenses incurred during the grant period which are directly attributable to the completed
portion of the grant covered by this grant agreement, provided that the grant has been
completed in accordance with the terms of the grant agreement. The Subrecipient shall not
incur new obligations for the termihated portion after the effective date of termination.
F. Except with respect to defaults of subcontractors, the Subrecipient shall not be in default by
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Page 12 of 23
reason of any failure in performance of this grant agreement in accordance with its terms
(including any failure by the Subrecipient to progress in the performance of the work) if such
failure arises out of causes beyond the control and without the default or negligence of the
Subrecipient. Such causes may include but am not limited to acts of God or of the public
enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods,
epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather.
In every case, however, the failure to perform must be beyond the control and without the
fault or negligence of the Subrecipient.
ARTICLE 23. CIVIL RIGHTS
(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42
U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. §
6102, section 202 of the Americans with Disabilities Act of 1990, 42 LI.S.C. § 12132, and
Federal transit law at 49 U.S.C. § 5332, the Subrecipient agrees that it will not discriminate
against any employee or applicant for employment because of race, color, creed, national origin,
sex, age, or disability. In addition, the Subrecipient agrees to comply with applicable Federal
implementing regulations and other implementing requirements FTA may issue.
(2) Equal Employment Opportunity - The following equal employment opportunity requirements
apply to the underlying contract:
(a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights
Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the
Subrecipient agrees to comply with all applicable equal employment opportunity requirements of
U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et secl.,
(which implement Executive Order No. 11246, ~'Equal Employment Opportunity," as amended
by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal
Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes,
executive orders, regulations, and Federal policies that may in the future affect construction
activities undertaken in the course of the Project. The Subrecipient agrees to take affirmative
action to ensure that applicants are employed, and that empl.oyees are treated during employment,
without regard to their race, color, creed, national origin, sex, or age. Such action shall include,
but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or
recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. In addition, the Subrecipient agrees to comply
with any implementing requirements FTA may issue.
(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as
amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Subrecipient agrees
to refrain from discrimination against present and prospective employees for reason of age. In
addition, the Subrecipient agrees to comply with any implementing requirements FTA may issue.
(c) Disabilities ~ In accordance with section 102 of the Americans with Disabilities Act, as
amended, 42 U.S.C. § 12112, the Subrecipient agrees that it will comply with the requirements of
U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal
Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining
to employment of persons with disabilities. In addition, the Submcipient agrees to comply with
any implementing requirements FTA may issue.
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Lynn Babin - Port Arthur.do,¢ ' t"~gu I,.l ]
(3) The Subrecipient also agrees to include these requirements in each subcontract financed in
whole or in part with Federal assistance provided by FTA, modified only if necessary to identify
the affected parties.
ARTICLE 24. NONDISCRIMINATION ON THE BASIS OF DISABILITY
The Subrecipient agrees that no otherwise qualified person with. disability(its) shall, solely by
reason of his/her disability, be excluded from participation in, be denied the benefits of, or
otherwise be subject to discrimination under the project. The Subrecipient shall insure that all
fixed facility construction or alteration and all new equipment included in the project comply
with applicable regulations set forth at 49 CFR 27, Nondiscrimination on the Basis of Handicap
in Programs and Activities Receiving or Benefiting from Federal Financial Assistance.
ARTICLE 25. DISADVANTAGED BUSINESS ENTERPRISE PROGRAM REQUIREMENTS
It is the policy of the United States Department of Transportation (USDOT) that Disadvantaged
Business Enterprises (DBE) as defined in 49 CFR Part 26 shall have the opportunity to
participate in the performance of contracts financed in whole or in part with Federal funds.
Consequently, the DBE and the Department DBE Program requirements of 49 CFR Part 26 apply
to this Contract as follows:
1. The Subrecipient and any subcontractor will offer DBEs, as defined in 49 CFR Part 26
Subpart A, the opportunity to compete fairly for contracts and subcontracts financed in
whole or in part with Federal funds. In this regard, the Subrecipient shall make a good
faith effort to meet the DBE goal for this contract.
2. The Subrecipient and any subcontractor shall not discriminate on the basis of race, color,
national origin or sex in the award and p~rformance of contracts funded in whole or in
part with Federal funds. The subrecipient and any subcontractor shall carry out
applicable requirements of 49 CFR Part 26 in the award and administration of USDOT
assisted contracts.
3. These requirements shall be physically included in a,ny subcontract.
4. The percentage goal for Disadvantaged Business Enterprise participation in the activities to
be performed under this Contract is a minimum of 8.60% of the Contract dollars available
for contracting opportunities as set forth in 49 CFR Part 26.
9. Failure to carry out the requirements set forth above shall constitute a material breach of this
contract and, after the notification of the State, may result in termination of the contract
by the State or other such remedy as the State deems appropriate.
ARTICLE 26. AFFIRMATIVE ACTION
The Subrecipient warrants that affirmative action programs as required by the rules and
regulations of the Secretary of Labor 41 CFR 60-1 and 60-2 have been developed and are on file.
ARTICLE 27. CONTROL OF SUBSTANCE ABUSE
The Subrecipient agrees to comply with the terms of 49 CFR Parts 382, 391, 392, and 395 titled
Capital Investment Program
Page 14 of 23
Controlled Substances and Alcohol Use and Testing. The requirements shall include but not be
limited to:
A. Producing any documentation necessary to establish its compliance with 49 CFR Parts 382, 391,
392, and 395.
B. Permitting any authorized representative of the U; S. Department of Transportation or the State
to inspect the facilities, testing processes and procedures, and records associated with the
implementation of the drug and alcohol testing program as required under 49 CFR Parts 382,
391,392, and 395.
C. The Subrecipient will certify compliance with 49 CFR Parts 382, 391,392, and 395 on or before
each monitoring period, using the certification form furnished by the State.
ARTICLE 28. FEDERAL PRIVACY ACT
The Subrecipient will comply with and assures the compliance of its employees with the
information restrictions and other applicable requirements of the Privacy Act of 1974, 5 USC
§552a. The Subrecipient will not operate a system of records on behalf of the federal government
without the express consent of the State and Federal Government.
A. The Subrecipient understands that the requirements of the Privacy Act, including the civil and
criminal penalties for violation of that Act, apply to those individuals involved, and that
failure to comply with the terms of the Privacy Act may result in termination of the
underlying grant agreement.
B. The Subrecipient also agrees to include these requirements in each subcontract to administer any
,system of records on behalf of the federal government financed in whole or in pari with
. federal assistance provided by FTA.
ARTICLE 29. SPECIAL PROVISIONS FOR COlqSTRUCTION OR REPAIR CONTRACTS
The Subrecipient agrees to comply with Sections 103 and 107 of the Contract Work Hours and
Safety Standards Act (40 U.S.C. §§ 327 -333 (1999) as supplemented by Department of Labor
regulations 29 C.F.R. § 5 (1999) and 29 C.F.R. § 1926 (1998).
A. The Subrecipient agrees to comply with the Copeland. "Anti-Kickback" Act (18 USC 874) as
supplemented in Department &Labor regulations (29 CFR, Part 3).
B. The Subrecipient agrees to comply with the provisions of the Davis-Bacon Act (40 USC 176a to
9-7) as supplemented by Department of Labor regulations (29 CFR, Part 5).
C. The terms of the Department of Transportation regulations "Uniform Relocation and Real
Property Acquisition for Federal and Federally Assisted Programs" 49 CFR Part 25 are
applicable to tiffs Contract.
D. The Subrecipient shall cause to be erected at the site of construction, and maintained during
construction, signs satisfactory to the State and the United States Department of
Transportation identifying the project and indicating that the Government is participating in
the development &the project.
ARTICLE 30. NO OBLIGATION BY THE FEDERAL GOVERNMENT.
(1) The Purchaser and Subrecipient acknowledge and agree that, notwithstanding any
concurrence by the Federal Government in or approval of the solicitation or award &the
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Page 15of23
[ Lyn~ 15ab n - Port Arthur.doc , u~, *,~
underlying contract, absent the express written consent by the Federal Government, the Federal
Government is not a party to this contract and shall not be subject to any obligations or liabilities
to the Purchaser, Subrecipient, or any other party (whether or not a party to that contract)
.pertaining to any matter resulting from the underlying contract.
(2) The Subrecipient agrees to include the above claus~e in each subcontract financed in whole or
in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be
modified, except to identify the subcontractor who will be subject.to its provisions.
ARTICLE 31. CLEAN AIR AND WATER
Federal Clean Air Requirements - (1) The Submcipient agrees to comply with all applicable
standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§
7401 et seq. The Subrecipient agrees to report each violation to the Pumhaser and understands
and agrees that the Pumhaser will, in turn, report each violation as required to assure notification
to FTA and the appropriate EPA Regional Office.
(2) The Subrecipient also agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance provided by FTA.
Federal Clean Water Requirements - (1) The Subrecipient agrees to comply with all applicable
standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as
amended, 33 U.S.C. 1251 et sea. The Subrecipient agrees to report each violation to the
Purchaser and understands and agrees that the Pumhaser will, in turn, report each violation as
required to assure notification to FTA and the appropriate EPA Regional Office.
(2) The Subrecipient also agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance provided by FTA.
ARTICLE 32. ENERGY EFFICIENCY
The Subrecipient agrees to comply with mandatory standards and policies relating to energy
efficiency which are contained in the state energy conservation plan issued in compliance with
the Energy Policy and Conservation Act.
ARTICLE 33. PROHIBITED ACTIVITIES
A. Neither the Subrecipient nor any subcontractor shall use federal or state assistance funds for
publicity or propaganda purposes designed to support or defeat legislation pending before
Congress or the Texas Legislature.
B. No member of or delegate to the Congress of the United States shall be admitted to any share or
part of this grant agreement or to any benefit arising therefrom.
C. No member, officer or employee of the Subrecipient during his tenure or one year thereafter shall
have any interest, direct or indirect, in this grant agreement or the proceeds thereof.
D. Texas Transportation Commission policy mandates that employees of the Texas Department of
Transportation (TxDOT) shall not .accept any benefits, gifts or favors from any person doing
business or who reasonably speaking may do business with the State under this grant
agreement. The only exceptions allowed are ordinary business lunches and items that have
received the advanced written approval of TxDOT's Executive Director. Any persons doing
Capital Investment Program
Page 16 of 23
business with or who may reasonably speaking do business with the State under this grant
agreement may not make afiy offer of benefits, git~s or favors to TxDOT employees, except
as mentioned here above. Failure on the part of the Subrecipient to adhere to this policy may
result in the termination &this grant agreement.
The Submcipient will comply with Texas Government Code, Chapter 573, by insuring that no
officer, employee or member of the Subrecipient's governing board or of the Subrecipient's
contractors or subcontractors shall vote or confirm the employment of any person related
within the second degree by affinity or third degree by consahguinity to any member of the
governing body or to any other officer or employee authorized to employ or supervise such
person. This prohibition shall not prohibit the employment of a person who shall have been
continuously employed for a period of two (2) years prior to the election or appointment of
the officer, employee, governing body member related to such person in the prohibited
degree.
ARTICLE 34. PUBLIC INFORMATION
The Subrecipient will insure that all information collected, assembled or maintained by the
applicant relative to this project shall be available to the public during normal business hours in
compliance with Texas Government Code, Chapter 552 unless otherwise expressly provided by
law.
ARTICLE 35. OPEN MEETINGS
The, Subrccipient will comply with Texas Government Code, Cbapter 551, which requires all
regular, special or called meetings of governmental bodies to be open to the public, except as
otherwise provided by law or specifically permitted, in the Texas Constitution.
ARTICLE 36. DEBT TO THE STATE.
If the comptroller is currently prohibited from issuing a warrant to Subrecipient because ora debt
owed to the state, then the Subrecipient agrees that any paymen, ts owing under the contract will be
applied towards the debt or delinquent taxes until the debt or delinquent taxes are paid in full.
ARTICLE 37. INDEMNIFICATION
A. To the extent permitted by law, the Subrecipient shall indemnify and save harmless the State
from all claims and liability due to activities of its agents, employees or volunteers performed
under this agreement and which result from an error, omission or negligent act o~' the
Subrecipient or of any person employed by the Submcipient.
B. To the extent permitted by law, the Subrecipient shall also save harmless the State from any and
all expenses, including attorney fees, which might be incurred by the State in litigation or
other~vise resisting said claim or liabilities which might be imposed on the State as a result of
activities by the Subrecipient, its agents, employees or volunteers.
C. To tile extent permitted by law, the Subrecipient agrees to protect, indemnify, and save harmless
the State from and against all claims, demands and causes of action of every kind and
character brought by any volunteer or employee of the Subrecipient against the State due to
personal injuries and/or death to such employee resulting from any alleged negligent act, by
Capital Investment Program
Page 17 of 23
either commission or omission on the part of the Subrecipient.
D. The Subre¢ipient acknowledges that it is not an agent, servant or employee &the State and that it
is responsible for its own acts and deeds and for those of its agents, employees or volunteers
during the performance of the grant agreement.
ARTICLE 38. INTELLECTUAL PROPERTY RIGHTS
If any invention, improvemant or discovery of the Subrecipient or any of its subcontractors is
conceived or first actually reduced to practice in the course of or under this grant, which
invention, improvement or discovery may be patentable under the Patent Laws of thc United
States of America or any foreign country; and if said invention, improvement or discovery has
not already become the property of the State, the Subrccipicnt shall immediately notify the State
and provide a dctailcd report. Thc rights and responsibilities of the State, the Subrecipient, any
subcontractor and the United States Government with respect to such invention will be
determined in accordance with applicable laws, regulations, policies and any waivers thereof.
Further, the Subrecipient shall comply with the provisions of 41 CFR, Part 1-9. The State and the
US Department of Transportation shall have the royalty-free, non-exclusive and irrevocable right
to reproduce, publish or otherwise use, and to authorize others to use the work for government
purposes.
ARTICLE 39. COMPLIANCE WITH LAWS
The Subrecipient shall comply with all federal, state and local laws, statutes, ordinances, rules
and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in
any matter affecting the performance of this grant, including without limitation workers'
compensation laws, minimum and maximum salary and wage statutes and regulations,
nondiscrimination laws and regulations, and liceflsing laws and regulations. When required, the
Subrecipient shall furnish the State with satisfactory proof of compliance therewith.
ARTICLE 40. PATENT RIGHTS
If any invention, improvement or discovery of the Subrecip~ent or any of its subcontractors is
conceived or first actually reduced to practice in the course of or under this project, which
invention, improvement or discovery may be patentable under the Patent Laws of the United
States of America or any foreign country; and if said invention, improvement or discovery has
not already become the property of the State under Article 16.C above; the Subrecipient shall
immediately notify the State and provide a detailed report. The rights and responsibilities of the
Subrecipient, subcontractors and the United States Government with respect to such invention
will be determined in accordance with applicable Federal laws, regulations, policies and any
waivers thereof. Further, the Subrecipient shall comply with the provisions of 41 CFR, Part 1-9.
ARTICLE 41. COPYRIGHTS
The State and the United States Department of Transportation shall have the royalty-free, non-
exclusive and irrevocable right to repro, duce, publish or otherwise use, and to authorize others to
use, the work for government purposes.
Capital Investment Program
Page 18 of 23
ARTICLE 42. NONCOLLUSION
The Subrecipient warrants that it has not employed or retained any company or person, other than
a bona fide employee working for the firm, to solicit or secure this grant, and that it has not paid
'or agreed to pay any company or person, other than a bona fide employee, any fee, commission,
percentage, brokerage fee, giR or any other consideration contingent upon or resulting from the
award or making of this grant. If the Subrecipient breaches or violates this warranty, the State
shall have the right to annul this agreement without liability or, at its discretion, to deduct from
the grant price or consideration, or otherwise recover, the full amount of such fee, commission,
brokerage fee, gift, or contingent fee.
ARTICLE 43. RESTRICTIONS ON LOBBYING
Pursuant to Section 31 U.S.C. 1352, 49 CFR Part 19 and 49 CFR Part 20, Subrecipients who
apply or bid for an award orS100,000 or mom shall file the certification required by 49 CFR Part
20 which generally prohibits recipients of federal funds from using those monies for lobbying
purposes. When applicable, the Subrecipient will furnish the State the required certification.
ARTICLE 44. SUSPENSION AND DEBARMENT
The terms of the Department of Transportation regulation, "Suspension and Debarment of
Participants in DOT Financial Assistance Programs," set forth in Executive Order 12549 and
implemented by 49 CFR Part 29, are applicable to this grant agreement. Furthermore, any
contractor employed by the Subrecipient is also bound by the terms of 49 CFR Part 29 and must
complete a Lower Tier Participant Debarment Certification. The Subrecipient warrants that the
debarment certification furnished as part of the application is current and valid.
ARTICLE 45. PROGRAM INCOME
Except for income from royalties and proceeds from the sale of real property or equipment, the
Subrecipient shall retain program income and apply such income to allowable capital or
operating expenses. Program income from royalties and proceeds from sale of real property or
equipment shall be handled as specified in 49 CFR Part-18 - Uniform Administrative
Requirements For Grants And Cooperative Agreements To State And Local Govemments,
Sections 18.25 Program Income; 18.31 Real Property; 18.32 Equipment; and 18.33 Supplies or
49 CFR Part-19-Uniform Administrative Requirements For Grants And Agreements With
Institutions Of Higher Education, Hospitals, And Other Non-Profit Organizations, Sect. 19.24
Program income, 19.32 Real property, 19.33 Federally-owned and exempt property, and 19.34
Equipment.
A..The Subrecipient shall comply with standards governing the receipt and application of program
income as set forth in 49 CFR 18.25, Program Income. Program income means gross income
received by the Subrecipient directly generated by a grant supported activity, or earned only
as a result of this grant agreement during the time period specified in Article 1, Grant Period.
B. Program income includes income from fees for services performed, from the use or rental &real
or personal property acquired witl~ grant funds, from the sale of commodities or items
fabricated under a grant agreement, and from payments of principal and interest on loans
made with grant funds. Except as otherwise provided in federal regulations, program income
Capital Investment Program
Page 19 of 23
does not include grant funds, rebates, credits, discounts, refunds, and ~he interest eamed on
any of these receipts.
'ARTICLE 46. SUCCESSORS AND ASSIGNS
The Subrccipient binds himself, his successors, assigns, executors and administrators in respect
to all covenants &this agreement. The Subrecipient shall not sign, sublet or transfer his interest
in this agreement xvithout the written consent of the State.
ARTICLE 47. LEGAL CONSTRUCTION
In case any one or mom of the provisions contained in this agreement shall for any reason be held
to be invalid, illegal or unenfomeable in any respect, such invalidity, illegality or unenforceability
shall not affect any other provision them& and this agreement shall be construed as if such
invalid, illegal or unenforceable provision bad never been contained herein.
ARTICLE 48. CHANGES IN FEDERAL REGULATIONS
As a recipient of federal funds, the Subrecipient is required to comply with all applicable FFA
regulations, policies, procedures and directives, including without limitation those listed directly
or by reference in the agreement (Form FTA MA (6) dated October, 1999) between the State and
FTA, as they may be amended or promulgated from time to time during the term of this grant
agreement. Subrecipient's failure to so comply shall constitute a material breach of this grant
agreement·
ARTICLE 49. PRIOR AGREEMENTS
This agreement constitutes the sole and only agreement &the parties hereto and supersedes any
prior understandings or written or oral agreements between the parties respecting the public
transportation grant specifically authorized and funded under this agreement.
ARTICLE 50. INCORPORATION OF FEDERAL REQUIREMENTS
This grant agreement includes terms and conditions required by the U.S. Department of
Transportation. The preceding provisions include, in part, certain Standard Terms and
Conditions required by the USDOT, whether or not expressly set forth in the preceding contract
provisions. All contractual provisions required by the USDOT, as set forth in FTA Circular
4220. ID, dated April 15, 1996, are hereby incorporated by reference. Anything to the contrary
herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a
conflict with other provisions contained in this Agreement. The Subrecipient shall not perform
any act, fail to perform any act, or refuse to comply with any (name of grantee) requests which
would cause (name of grantee) to be in violation of the FTA terms and conditions.
Capital Investment Program
Page 20 of 23
ARTICLE 51. SIGNATORY WARRANTY
The undersigned signatory for the Subrecipient hereby represents and warrants that he/she is an
officer of the organization for which he/she has executed this agreement and that he/she has full
'and complete authority to enter into this agreement on ?ehalfofthe organization.
IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in
duplicate counterparts.
THE STATE OF TEXAS
Certified as being executed for the purpose and effect of activating and/or carrying out
the orders, established policies, or work programs heretofore approved and authorized
by the Texas Transportation Commission under the authority of Minute Order 108829.
APPROVED:
SUBRECIPIENT:
Texas Department of Transportation
Subrecipient Name: CITY OF PORT
ARTItlJR
By:; By:
Date
:
Walter Crook, P.E
District Engineer
Beaumont District
Title:
Date:
Signature of Authorized Officer
Typed or Printed Name
Capital Investment Program
Page 21 of 23
ATTACHMENT A
APPROVED PROJECT DESCRIPTION
SUBP~ECIPIENT: CITY OF PORT ARTIIUR
STATE PROJECT NO.: VCR 0202(20)
MISC. CONTRACT NO.: SI220F6012
Eligible Program Expenses:
11.12.04
(49 U.$.C. §$309)
CFDA 20.$00
Maximum Federal Funds: $168,000
Maximum Toll Credits: 42,000
Milestones:
Invitation for Bid (IFB) Issued: No later than sixty (60) days from thc effective date &grant
agreement.
Bid Opening Date: No later than sixty (60) days after the issuance of the IFB all bids are due
and publicly opened.
Purchase Order Issued: No later than thirty (30) days after the opening of an acceptable bid.
Request for Reimbursement Submitted to the Department: No later than 45 days after receipt
of budgeted expenditure.
By:
For:
CITY OF PORT ARTHUR
Date:
Capital Investment Program
Page 22 of 23
ATTACHMENT B
ESTIMATED PROJECT BUDGET
Subreciplent: CITY OF PORT ARTIIUR
State Project No,: VCR 0202(20)
Misc. Contract No.: 51220F6012
Project
Totals
ALI Code Fuel Type No. Units Unit Coal
Total
Federal Local Match
Capltallnve~tmentProgram
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