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HomeMy WebLinkAbout09-08-1992 : I AGENDA g..""~a?r CITY OF DENTON CITY COUNCIL September 8, 1992 Special Call Session of the City of Denton City Council on Tuesday, September 8, 1992 at 5:15 p.m. In the Civil Defense Room of City Hall, 215 E. McKinney, Denton, Texas at which the fallowing items will be considered: 5:15 p.m. 1. Consider adoption of an ordinance authorizing the City Manager to execute an agreement with services Program For Aging Needs (SPAN) to provide public transportation services in the City of. Denton, r` 2. Hold a discussion and give staff direction regarding the 1992- 93 fiscal year budget, I C E R `I' I F I C A T E I certify that the above notice of meeting was ported on the bulletin board at the City Hall of the City of Denton, Texas, on the _day of , 1992 at - o'clock (a,m.) (p.m.) - ~T TCITY SECRLTARY_- - NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL, PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHr)UI,FD MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 566-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. ACCO00133 7mPw i P n; ,;rl,i 3y. AGENDA 113b! r -9 CITY OF DENTON CITY COUNCIL September 8, 1952 Special Call Session of the City of Denton City Council on Tuesday, September 8, 1992 at 5:15 p.m. in the Civil Defense Room of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered: 5:15 p.m. 1. Consider adoption of an ordinance authorizing the city Manager to execute an agreement with Services Program For Aging Needs (SPAN) to provide public transportation services in the City of Denton. r* 2. Hold a discussion and give r3taff direction regarding the 1992- 93 fiscal year budget, C E R T I F I C A T E 1 I certify that the above notice of meeting was posted on the bulletin board at the City Hall. of the City of Denton, Texas, on the --day of , 1992 at o'clock (a.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHi',DULED MEETING, PLEASE CALL THE CI'T'Y SECRETARY'S OFFICE A'^ 566-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE, ACCOOOB3 y CC3T.lNCIL - - I _ Qu 0o od°°°RsW o P FQ000° U d ~ cd_ . ©~E, gCO..:. °~O r a N I Q**°~ . °0aoannncaaa°~o. - _ e'M CITY COUNCIL, REPORT TO: Mayor and Members of the City Council FROMi Lloyd V, Harrell, City Manager SUBJECT: Ordinance Authorizing the City Manager to Sign a Contract with Services Program for Aging Needs (SPAN) to Provide Transportation Services in Denton DATE: September 8, 1992 RECOMMENDATION: Staff recommends approval of the ordinance. BACKGROUNDi The City of Denton has received a state grant not to exceed 51380505, and a federal grant not to exceed $393,918, to provide planning, capital, and operating assistance for transportation in Denton. The attached contract provides for SPAN to contract with the City of Denton to continue to operate demand-response elderly transportation, HandiHop, and four fixed routes for public transportation, SUMMARY: The ordinance authorizes the City Manager to sign a contract with the SPAN to provide elderly, handicapped, and public transportation in Denton. The contract requires SPAN to provide services in accordance with state and federal guidelines. SPAN will submit its bills to the City to be reimbursed through local, state, and federal money through the Section 9 Federal Transit Administration and state grant agreements. PROGRAMS, DEPARTMENTS, OR_GROUPS AFFECTED: 't'ransit users in Denton (i.e, HandiHop/Elderly and trolleys), SPAN FISCAL IMPACTi The contract amount will not exceed the FmA and State grant amounts. The City's local match is based or:a cash contribution of $55,440,'plus City staff time that will count toward local match, I Please advise if I can provide additional information. RESPEC'1FULLY SUBMITTED, i Lloyd V.'Harrel] ,s City Manager t Prepared by: 0I i Catherine E. Tuck Administrative Assistant y k ;p ifrY 1 , i 1 ALL00337 AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND SERVICES PROGRAM FOR AGING NEEDS (SPAN) This Agreement is hereby entered into by and between the city ~ of Denton, Texas, a Home Rule Municipal Corporation, (hereinafter referred to as City) and Services Program for Aging Needs (SPAN), a Texas non-profit corporation, (hereinafter re Agency), fer.red to as WHEREAS, the City Manager has determined that the Agency is I the transportation provider for the City and provides a needed service to citizens of the City and City council has provided for funds in its budget for the purpose of paying for contractual services as well as providing for eligible Federal Transit Administration fundst and WHEREAS, The City has received grants from the Federal. Transit Administration and the Texas Department of Transportation to provide public transportation in the Denton urbanized area and wishes to contract with SPAN to provide such services] NOW, THEREFORE, the parties hereto mutually agree as follows; I, i3.CU~~E_4~:_~RVTCEb The Agency shall in a e:atisfactory and proper manner perform the following Project: to undertake and complete the Program or Project, and to provide for the use of the Program or Project facilities or equipment, substantially as described in City's Application for Federal funding, incorporated herein by reference, filed with and approved by the Government, and in accordance with the terms and conditions, of this Agreement including: A. Provide transportation within the city limits for persons sixty years old or alder and persons with disabilities during the hours of 7:00 a.m. to 7:00 p.m., Monday through Friday. B. Agency shall charge eac:i passenger with a disability one Dollar and Fifty Cents ($1,50) for every one-way trip on the demand response system provided to that passenger, C. Agency shall provide transportation services within the city limits to the general public on four fixed routes from 7:00 a,m, to 7:00 p,m,, Monday through Friday, for Seventy Five ($,75) for each one way tr#lp, with a free transfer, D. Agency may contract with other persons or companies In accordance with the terms and conditions of this agreement to pro- v ide the services specified herein during times when Agency does not tractopeserate. beainparccordanceewithetheprovided terms and by such conditions oof this agreement, E. Agency shall charge each person 60 years of, age and older and all persons with disabilities eligible under the "Americans PAGE 1 ti. T with Disabilities Act" no more than half price fare on the public fixed route system. Irv? F. Should Agency desire to amend its fares, It shal] send notice to City informing it of the proposed amendmont, The City shall consider whether it shall approve the amendment. 'It`the-City-- does not take action to approve or disapprove the proposed fare within 60 days, it shall be deemed to have approved the proposed fare. II. OBLIGATIONS OF AGENCY In consideration of the receipt of funds from the City, Agency agrees to the following terms and conditions: A. it will establish a separate bank account for deposit of 4 funds paid to the Agency by the City and the only expenditures from this account, until suc.i time as said funds are exhausted, shall be for those expenses listed in the scope of services as provided for herein. Agency shall not commingle funds received from other sources in this account and shall not utilize these funds for any other purpose. B. It will establish, operate, and maintain an account system for this program that will allow for a tracing of funds and a review of the financial status of the program and will permit authorized officials for the City of Denton to review its books al any time. C. It will comply with all federal statutes and regulation promulgated thereunder applicable to the Aq? ncy. 1 D. It will comply with all provisions of the contract between the City and the state Department of Transportation, approved by the City of Denton on September 1, 1992, a copy of which is attached hereto and incorporated by reference herein. E. It will reduce to writing all of its rul6-;, regulations, and policies and file a ropy with the Citylu Executive Direator of Finance or his authorized representative along with any amendments, additions, or revisions wh:,never adopted. F. it will not enter into any contracts that would encumber the ~ City funds for a period that would extend beyond the term of this Agreement. G. At &I discretion of the. City, the Agency may be required to refund the, ■nce of the special account to the City of Denton at the end of%wdw .Agency's fiscal year. H. It will promptly pay all bills when submitted unlesa there is a discrepancy in a billy any errors or discrepancies in bills shall be promptly reported to the Executivo Director of Finance or his authorized representative for further direction. I. It will appoint a representative who will be available to meet with the Executive Director of Finance and other City offi- cials when requested. PAGE 2 ~ r I I ~ -I i cc ai It mswil andl su inditesmnir afys iandinghoout1.dofti arme, all c , thteassct i thvietiame i s ty o f from any and l the Agency its employees, and/or contractors an3 save and hold the City ' harmless from all liability, including costs, expenses and attorneys fees, for or on account of, :any claims, audit exceptions, suits, or damages of any character whatsoever resulting in whole or in part from the performance or omission of any act of any employee, agent or representative of the Agency. K. It will submit to the City of Denton co i/ a.I1 of .year-endue/ audited financial statements in accordance with the r-end~- hereof. prov si n~~y L. It will maintain liability not ess than the statutorily required worker'saco~mp ill nsation amounts insurance, $500,000.00 in automobile liability coverage, and $500,000.00 in general liability coverage, It will name the city of Denton, Texas and the State of Texas as additional insureds on said policies and shall provide city with certificates of such coverage. Said policies shall not be cancellable unless 30 days notice is given to city bf.fore cancellation. r+ III. TIME OF pF~FOF2MANCF The services funded by the City shall be undertaken by the 1 Agency within the following time frame; September 1, 1992 through September 30, 1993. IV, METHOD-9 A. Payment by the city for services provided hereunder shall be . requested by the Agency by letter addressed to; City of Denton, 215 East McKinney, Denton, Texas 76203., Attn: City Managers Office, B. Agency shall make each request for payment in accordance with the provisions heroLi. i C. All requests for payment shall be submitted to the City Manager and shall be reviewed within ten (10) working y ensure all expenses will be included in the City's submssion to the Federal Transit Administration (FTA), D. The city shall submit a request for payment to the FTA. Within three (3) working days of receiving reimbursement from the FTA, the Citx rhall send payment to the Agency. E. it i.x expressly understood and agreed that (i) the funds payable under this contract are subject to receipt of monies from the State of Texas and the FTA. Should this funds be curtailed, or should the City be required to curtail its funding, City shall have the right to terminate this'Agreement immediately without ,penalty. In no event under the terms of this contract will the total compensation to be paid hereunder exceed the amount of the City's 1TA and State grants, as outlined in the city+s contracts with the State and the FTA. It is expressly understood that this contract in no way obligates the General Fund or any other monies of credits of the City of Denton. F. 'rhe city shall und tract to any not be obligated or liwent of anyimanies party other than the Agency for p ices. or provision of any goods or serv V, EVALUATION The Agency agrees to participate in an imple>fi&n•catio ~~ndtmain- /r tenance system whereby the services can t continuously records for ,The Agency agrees to make available its inaladdition, the l.eview by the City at the city data and report:: Agency agrees to provide the City the following A. All external or internal audits. Agency shall submit a copy of the annual independent audit to city within ten (10) days of receipt. B. All external or internal evaluation reports. C. Agency shall submit quarterly financial statements to City in January, April, July, and September. Each sattaterment and shall include expenses the numbern income for program Identify agency operates. V'!. Q1RSCT0R5_' ME.'P GS During the term of this Agreement, the Agency shall cause to b# red to the City copies of all notices fineetingsf ofSUtt delivered Directors, setting forth the time antimely manner to gtve notice shall be delivered to the City understands and agrees adequate notice, and shall include a Agency agenda and a brief descrip- tion of the matters to be d,tscussed. that City representatives shall be afforded access to all Board of Director's meetings. shall be Minutes of all meetings of the Agency's governing body submitted to the city within ten (lo) working days of approval. ~x+~~r qR TEf ~'TION h V11. 0 S? I The City may suspend or terminate this Agreement and payments Agency, in whole or part, for cause. Cause shall include but not be limited to the following: A. Agency's improper, misuse, or inept, use of funds. 's failure to comply with the terms and conditions of B. Agency this agreement. C. Agency's nin's sub mission material n re data orareports that are incorrect or any incomplete of 0. Appointment of a trustee, receiver or It all or a substantial part of the Agency's p':oPerty, liquidation pro- ceedings reorganization, rearrangement of or by or against the Agency, E. if for any reason the carrying out of this Agreement is ren- dered impossible or infeasible. Page 4 F. The City shall not be obligated or liable under this con- tract to any party other than the Agency for payment of any monies or provision of any goods or services. V. EVALUATION J The Agency agrees to participate in an impleM6ntation~and.rin in- tenance system whereby the services can be continuously monitored .'J,,. The Agency agrees to make available its financial records for review by the city at the City's discretion. In addition, the Agency agrees to provide the city the following data and reports; A. All external or internal audits. Agency shall submit a copy of the annual independent audit to city within ten (10) days of receipt. B. All external or internal evaluation reports. C. Agency shall submit quarterly financial statements to City in January, April, July, and September. Each statement shall include expenses and income for the preceding quarter and shall identify the number of participants in each transportation program agency operates. VI. DIRECTOJtS! E ' NGS During the term of this Agreement, the Agency shall cause to b# delivered to the city copies of all notices of meetings of i Board of Directors, setting forth the time and place thereof. SuCI notice shall be delivered to the City in a timely manner to give adequate notice, and shall include an agenda and a brief descrip- tion of the matters to be discussed. Agency understands and agrees that city representatives shall be afforded access to al.l Board of Director's meetings. be Minutes of all meetings of the Agency's overni submitted to the City within ten (10) working da sn of body approval, VII. SSTJSPENSION _OR TERMI T1ON I The City may suspend or terminate this Agreement and payments to the Agency, in whole or part, for cause. Cause shall include but not be limited to the following: A. Agency's improper, misuse, or inept use of funds. B. Agency's failure to comply with the terms and conditions of this agreement, C. Agency's submission of data or reports that are incorrect or incomplete in any material respect, or D. Appointment of a trustee, receiver or liquidator for all or a substantial part of the Agency's property, or institution of bankruptcy, reorganization, rearrangement of or, liquidation pro- ceedings by or against the Agency. E. Tf for any reason the carrying out of this Agreement is ren- dered impossible or infeasible. Page 4 1 In case of suspension, the City shall advise the Agency, in writing, as to conditions precedent to the resumption of funding and specify a reasonable data for compliance. V _ In case of termination, the Agency will remit'to the city any - unexpended City funds. Acceptance of these funds shall not con-5~.r_~Z stit:ite a waiver of any claim the city may otherwise have arising,., out of this Agreement, 7 VIII. BMA- OPPORTUNITY A. Agency will submit for City approval, a written plan for compliance with the Equal Employment and Affirmative Action Federal provisions, within one hundred twenty (120) days of the effective date of this Contract. B, Agency shall comply with all applicable equal employment op- portunity and affirmative action laws or regulations. C. Agency will furnish all information and reports requested by the City, and will permit access to its books, records, and .p accounts for purposes of investigation to ascertain compliance with local, state and Federal rules and regulations. D. In the event of the Agency's non-compliance with the non- discrimination requirements, the Contract may be cancelled, termi- nated, or suspended in whole or in part, and the Agency may be bar4 red from further contracts with the City. IX, 99-N,ULICT OF IN -UM, A. The Agency covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed undor this Contract, The Agency further covenants that in the performance of this Contract, I no person having such interest shall be employed or appointed as a member of its governing body. B. The Agency further covenants that no member of its governing body or its staff, sub.ontractors or employees shall possess any interest in or use his position for a purpose that is or gives the appearance of be'ng motivated by desire for private gain for him self, or others, particularly those with which he has family, busi- ness, or other ties. C. No officer, member, or employee of the City and no member of its governing body who exercises any function or responsibilities in the review or approval of the undertaking or, carrying out of this Contract shall (1) participate in any decision relating to the contract which affects his peraoral interest or the interest in any corporation, partnership, or association in which he has direct or indirect interests or (2) have any interest, direct or indirect, in this Contract or the proceeds thereof, X. NEROTISM Agency shall not employ in any paid capacity any person who is a member of the immediate family of any person who is currently em- ployed by Agency, or is a member of. Agency's governing board. The Page 5 term "member of immediate family" includes., wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step-parent, step-child, half-brother and half- sister. XI. $.PECIAL CONDITIOSj A. Agency agrees to undertake, carry out, and complete the Project consistent with the terms and conditions detenained by the Ua Secretary of Labor to be fair and equitable to protect the interests of employees affected by the Project and meet require- ments of Section 13(c) of Federal Transit Act, as amended, 49 U.S.C. App. Section 1609(c), and DQpartment of Labor (DOL) guidelines set forth in 29 C.F.R. Part 215. These terms and conditions are identified in the letter of certification from DOL to FTA whose date is set forth in the Notification of Grant Approval. The Agency agrees to carry out the Grant in compliance with the conditions stated in that DOL letter. That letter and any r• documents cited in the letter are incorporated herein by reference and made part of this Grant. B. Agency agreeL• to comply with the requirements of Section 9 of the Federal Transit Act, as amended, 49 U.S.C. App. Section 1607, and any implementing regulations that may be issued thereun- der. C. Agency agrees that it will utilize its administrativ# process to solicit and consider public comment prior to raisin$ fares or implementing a major reduction of service. D. Agency agrees that the Federal Government and the City may, at least annually and more frequently in its discretion, either conduct or require the Grantee to have independently conducted, reviews and audits an the Government may deem appropri- ate pursuant to the provisions of Section 9(g) of the Federal. Transit Act, as amended, 49 U.S.C. App. Section 1607a(g), and any regulations or guidelines that may be issued by the Government. i E. Agency agrees and assures that the rates charged elderly and handicapped persons during nonpeak hours for transportation utilizing or involving the facilities and equipment financed pursuant to this Agreement will not exceed one-half of the y:,ates generally applicable to other persons at peak hours, whether the operation of such facilities and equipment is by the Agency or is by another entity under lease or otherwise. The Agency agrees and assures that it will give the rate required herein to any person presenting a Medicare card duly issued to that person pursuant to Title II or Title XVIII of the Social Security Act. F. Agency complies with applicable Buy America statutory and re,julatory provisions, the Agency may, without prior approval, procure an associated capital maintenance item eligible tinder section 9(j) of the Federal Transit Act, 49 U.S.C. App. Section 1607a(j), by contract directly with the original manufacturer or supplier of the item to be replaced, provided that the Grantee first certifies in writing to the Government that: (1) such manufacturer or supplier is the only source of such items and (2) tho price of such item is no higher than the price paid for such item by like customers. Page 6 G. Agency shall implement a project management plan, as approved by the Government, in accordance with the requirements of Section 23 of the Federal Transit Act, as amended, 49 U.S.C. App. Section 1629, and any implementing regulations that may be there- under. XII. ADDITIONAL COVENANTS OF AGENCY~./ . A. Definitio s. As used in this section: y yam. 1. Agreement means any Grant Agreement or Cooperative Agreemen 2, Application means the signed and dated proposal as may be amended for Federal financial assistance for the Project, together with all explanatory, supporting, and supplementary documents heretofore filed with and accepted and approved by the Government (UMTA) by or on behalf of the Recipient. 3, Apnro~,L Authorization, Concurrence. Waiver mean: a conscious written act by an authorized official of the Government granting permission to the Recipient to perform or omit an action pursuant to this Agreement, which action may not be performed or omitted without such permission. An approval, authorization, concurrence, or waiver permitting the performance or omission of a specific r action shall not, constitute permission to perform or omit other similar actions unless such permission is clearly stated. Oral permission or interpretations have no legal force or effect. 4. UMTA Directive includes the most recent circulars, notices, a orders that present information about UMTA programs, applicatio processing procedures, and guidance for administering approved Projects; there are also Department of Transportation directives that may be applicable to the Project. 5. Government means the United States of America, or its cognizant I agency, the Department of Transportation (DOT), or its operating administration, the Urban Mass Transportation Administration (UMTA), used hereafter interchangeably. 6, Mass Transportation includes public transportation and means f transportation by bus, rail or other conveyance, either publicly or Cl privately owned, that provides general or special transportation service (but not including school bus, charter or sightseeing service) to the public on a regular and continuing basis. 7...ans the task or set of tasks provided for in the 1 Project Which the Recipient undertakes to perform pursuant to this A nt with the Government. In the case of financial assistanc r section 9 of the Urban Mass Transportation Act of 1964, as amended, the term "Project" encompasses both "Program" and "each Project within the Program," as the context may xog0 re, to effectuate the particular requirements of this Agreement. 8. Protect or ProgrAM Suglget means the most recently dated statement, approved by the Government, of the estimated total cost of the Project or Program, the items to be deducted from such total in order to calculate the estimated net Project cost, the maximum 1 amount of Federal assistance for which the Recipient is currently eligible, the specific items (including contingencies and reloca- tion) for which the total may be spent, and the estimated cost of each of such items. Page 7 ~.I 9. Recipient means any entity that receives Federal assistance from UMTA for the accomplishment of the Project The term 1 "Recipient" includes "Agency." 1! 10. Secret 4ly means Secretary of the Department of Transportation-,ti`/ or his or her duly authorized designee. 11. UMTA means the Urban Mass Transportation Administration of the// U.S. Department of Transportation. 12. City means City of Denton, Texas. B. Agency shall commence, carry out, and complete the Project with all practicable dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions hereof, the Application, and all applicable laws, regulations, UMTA directives, Project or Program schedules, and published policies. In general, the terms of the Department of Transportation regulations, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," 49 C.F.R. Part 18, is applicable to Projects with governmental bodies. The terms of Office and Management Budget (OMB) Circular A-110, Revised, "Uniform Adminis- trative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit organizations," are generally applicable to Projects with nongovernmental bodiesss~~~ When OMB Circular A-110 is merged with 49 C.F.R. Part 18, the term of the new regulation will be applicable as set forth in iti provisions, subject to modifications by UMTA. C. In the performance of its obligations pursuant to this Agreement, the Agency agrees to comply with all applicable provisions of Federal, State, and local laws, regulations, and UMTA directives. The Agency understands and agrees that Federal laws, regulations, policies, and related administrative practices in force and made applicable to this Agreement on the date of execution may be modified from time to time, and that the most recent of such provisions will govern administration of this Agreement at any particular time, except if there is sufficient evidence in the Agreement of a contrary intent. Such contrary intent might be evidenced by express language in any amendments to the Agreement. Likewise, new Federal laws, regulations, policies and administrative practices may be established after the date of execution and thereafter be applied to this Agreement. As may be necessary to achieve compliance with these requirements, the Agency shall include notice of such requirements in all third party contracts, sub-grants, and other sub-assistance agreements financed with Government (UMTA) assistance. All limits or standards set forth in this Agreement to be observed in the performance of the Project are minimum requirements, If there is a conflict between Federal and State or local. requirements, the Agency shall inform the Government (UMTA) in order that an appropriate resolution may be arranged. D. Agency shall submit to the Government such data, reports, records, contracts, and other documents relating to the Project as the City may, during the course of the Project and for three years thereafter, require. The Agency shall retain intact, for three years following Project close-out, all. Project documents, financial records, and supporting documents and make these records available to the City as the City may require. Reporting and record-keeping Page 8 I requirements (1) for governmental recipients are set forth in 49 C.F.R. Part 18, and (2) for nom-governmental recipients are sat forth in OMB Circular A-110. Project closeout does not alter these requirements. 7,2 E. Agency shall immediately notify the City of'ary change i local law, conditions, or any other event that may signifi.cantl~'O(,'92' affect its ability to perform the Project in accordance with the/,r, terms of this Agreement. in addition, the Agency shall immediately notify the City of any decision pertaining to the Agency's conduct of litigation that may affect the City's interests in the Project or the City's ridministration or enforcement of applicable Federal laws or regulations. Before the Agency may fain the city as a named party to litigation, for any reason, the Recipient agrees to first inform the city, this proviso applies to any type of litigation whatsoever, in any forum. F. Absent the express, written consent of the Government or the city and notwithstanding any concurrence by the Government in or approval of the award of any contract or subcontract or the I~ solicitation thereof, neither the Government nor the City shall be subject to any obligations or liabilities by contractors of the 1 City or their subcontractors or any other person not a party to I this Agreement in connection with the performance of this Project. G. Agency shall prepare and maintain a Project or Prograip Budget The Agency shall carry out the Project or Program and ahall incur obligations against and make disbursements of Projec or Program funds only in conformity with the latest approved budget. for the Project or Program. The Project or Program Budget may be revised, from time to time, to the extent permitted by and in conformance with the requirements of the Government. t H. Agency shall establish and maintain either a separate set of accounts or accounts, within the framework of an establish(W accounting system, for the Project in a manner consistent with 49 C.F.R. § 18,24, or OMB Circular A-110, as amended, as may be applicable. 1. consistent with the provisions of 49 C.F.R. § 18.21, or OMB Circular A-110, as amended, as may be applicable, the Agency shall record in the Project. Account, and deposit in a bank or i.rust company all Project payments received by it from the Government pursuant, to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the Project, (Project Funds). A separate bank account may be required when drawdowns are made by letter of credit, The Agency is encouraged to use banks that are owned at least 50 percent by minority group members, J. Expenditures made by the Agency shall be reimburraabla as allowable costs to the extent that they meet all the requirements set forth below. They must; (1) Conform with the Project or Program Description and the Project or Program Budget and all other terms of the Agreement; (2) Be necessary in order to accomplish the Projects (3) Be reasonable in amount for the goods or services purchased; Page 9 1 ` I (4) Be actual net costs to the Agency (i.e., the price paid li + minus any refunds, rebates, or other items of value received by the Recipient that have the effect of reducing the cost actually incurred, excluding Program Income). CJ~.U (5) Be incurred (and be for work performed) aft4r tho date of~ this Agreement, unless specific authorization from the Government 0r (UMTA) or the City to the contrary is received; /;;9,/ (6) Unless permitted otherwise by Federal statute; or regula- tion, conform with Federal guidelines or regulations and Federal cost principles as set forth in the standards of OMB circular A- 122, Revised, "Cost Principles for Nonprofit organizations," and the standards of 48 C.F.R. Part 31 are applicable. (7) Be satisfactorily documented; and (8) Be, treated uniformly and consistently under accounting principles ind procedures approved and prescribed by the Government or City for the Agency; and those approved or prescribed by the Agency for. it:, contractors. K. All costs charged to the Project, including any approved services conL'r. ibuted by the Agency or otherrs, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in detail the nature and propriety of the charges. The Agency shall also maintain accurate records of a1~ Project Funds derived from the implementation of the Project; t foregoing provision, however, does not apply to income of ti Agency that is determined by the Government to be private. L. Any check or order drawn by the Agency with respect to any item that is or will he chargeable against the Project Account will be drawn only in accordance with a properly signed voucher then on file in the office of the Recipient stating in proper detail the purpose for which such check or order., is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other account- ing documents pertaining in whole; or in part to the Project shall be clearly identified., readily accessible, and, to the extent feasible, kept separate and apart from all other such doouments. M. The Agency shall permit the Secretary and the Comptroller General of the United states, or any of their duly authorized representatives to inspect all work, materials, payrolls, and other data and records with regard to the Project, and to audit the books, records, and accounts of the Agency and its contractors with regard to the Project. In the case of contracts awarded under other than competitive bidding procedures as defined by the secretary of Transportation, the Agency shall require those contractors to permit the secretary of Transportation and the comptroller General of the United States, or any of their duly authorized representatives to inspect all work, materials, payrolls, and other data and records with regard to the Project, and to audit the books, records, and acccunta pertaining to such contracts with regard to the Project, If the City is found to be responsible for meeting the audit; requirements of 49 C.F.R. 5 18.26 and OMB Circular A-128 or any revision or supplement thereto, the Agency sha]1 comply with these roquests. Pursuant to Departmental criteria, the Government (UMTA) may waive the OMB Circular A-128 audit requirement or substitute a requirement for a grant audit performed in accordance with the Comptroller General's standards. Page 10 t The Agency is responsible for obtaining any audits requ},r the (UMTA) . Closeout of the Project will Government not aledtebyr. the Agency's audit responsibilities, To the extent that the chargers for such audits are necessary for the administration and management of functions related to the Project, the costs of such audits are allowable under this Project to the extent authorized by OMB Circular A-87, Revised; OMB Circular A-21, Revised; OMB Circular A- 122, Revised; or 48 C.F.R. Part 31, as may be applicable, (a) The Agency may initiate cash drawd ~ actually heeded for immediate disbursement requi ednsforty Project purposes, Therefore, the Agency shall expend all' Federal-.funds(' obtained under the Project for Project purses no laer than thre (3) days after receipt of those funds. FFQailure tot expend thos?,~ ~ Federal funds within three (3) days of their receipt or to return the funds to the Government (UMTA) within a reasonable period mz. result in the termination of the Recipient's letter of credit or other remedies authorized by Federal law or regulation, balancesbin a1,timely nmanner 1 as required its cash by the Government. nts and (c) The Agency shall provide for effective control and accountability for all Project funds consistent with Federal requirements and procedures for use of the batter of credit. (d) The Agency shall impose on its sub-recipients all applicable requirements of subsections 105.b. (1) (a), (b), and (of of Part 12 of this Agreement, of (e) The, amount authorized on a letter of credit may include cash requirements for Projects not yet obligated, and thus does not always represent an amount legally obligated by the Government (UMTA), Therefore, the Agency may not draw down funds for a Project in an amount that would exceed the sum obligated by the Government (UMIPA) for that Project. Thus the certifying statement on .5F 1193A, Letter of Credit, is not applicable if the amount authorized on the letter of credit exceeds the amount obligated. (f) if the Agency fails to honor the requirements of Subsections 105,b, (1) (a), (b), (c), (d), or (e) Part 11 of this Agreement, the Government may revoke the portionoof the letter of credit: that has not been obligated, N. Noither the Agency nor any sub-recipient may use Federal assistance funds for publicity or propaganda purposes designed to support or defeat legislation pending before congress, 0, Agency agrees that: (1) Any interest earned by the Agency on Federal funds must be remitted to the Government, except as provided by the Intergovern- mental Cooperation Act, 31 U.S.C. § 6503(x), or the Indian Self- Determination Act, 23 U.S.C. § 450. (2) Upon notice by the Government (UMTA) to the City of specific amounts due the Government, the Agency shall r,omptly remit any excess payment of amounts or disallowed costs to the Government (UMTA), including any interest due thereon. Page 11 4 i .I i The Agency recognizes that the covernment (Uor to Project P. the right to de,obligate unspent Federal funds pr closeout, if such occurs, city may terminate this Agreement ithout , penalty. - 4, Agency agrees that, upon written noticti, th'6 City 76aY y. suspend or terminate all or part o` the financial assistance - provided herein if the Agency is, or has been, in violation of the terms of this Agreement, or if the Government or the City deter- mines that the purposes of the statute under which the Project is authorized would not be adequately served by cont?.nuation failure to make Federal financial assistance for the Project. Any reasonable progress or other violati.onEormance ofr emenPro ha t of the significantly endangers substantial p to j shall be deemed to be a financial breach assistance3underethis Agreemgntewill termination of any y incurred by the Agency and " not invalidate obligations properly concurred in by the the Government (UMT.A) before the termination date, to the extent those obligations cannot be cancelled. However, if he Agency's failure either to make adequate progress o ow ties, ke reasonable use of the project real property, equipment, or to honor the terms of this Agreement. is determined by serv the City to be willful or u efund to lthetCityithe een ire, amountc~of to require the Agency t any lesser amount as may be I Project funds provided by the City or a determined by the City. i R. Within 60 days of the termination of this contract, Agency shall submit a final Financioafl SPtaotectRe ort (S ana dard 269), a certification or summary j governmental Agency party audit reports, as applicable. Hach govcar covered shall undertake *he en ( or an ag dytagreesithat either the Government and OMB Circular cy8designated by the Government (UMTA) will perform a final audit of the Project to determine the allowabil if of costs the project dinoaccordance with Part If fh this Agreement. I f for ents to the Agency in excess of the total amount shall promptly remit to city has made par" of tho Federal assistance due, the Agency Subsections the City that excess and interest as may be required by 105.b. and 105.e. of Part ti of this Agree and .forwards tthloseout final occurs when the City notifies this Agency ,s remittance of the Federal assistance payment or when the Agency proper refund has been aacknowlede ny continuingy obligationspi posed lon tithe shall not irim 1Ag -eemenr or by the City's final notification or Agency by ,~+i acknowledgi.ont. applicable to real property, S. ''ft fallowing conditions are appl equipment, and supplies financed under this Agreements a, The Agency agrees to observe the property management standards set forth in 49 C,F.a. 6g 18,310 10,32, and 18 33, or OMB Circular Aw110, Attachment N, as appropriate, as now or hereafter amended, and any guidelines or regulations that the Govelnem31t may e32~ and Exceptions to thct requirements of 49 C,F.R. 55 ire the 18,33 and to OMO Circular ACityo reserve se the mus rightt specifically approved ltt the City' The to an equipment financed with Federal in 4 assistance made transfer title by this Arement a.s set forateh may be C.F.R. § 18,32(8) or OMB Circular A-110, Attachment N, Page 12 ~ V appropriate. The City also reserves the right to direct the disposition of real property or equipment financed with Federal assistance funds made available under this Agreement, as set forth in 49 C.F.R. 18.31 and 18.32 or OMB Circular A-110, Attachment N, as may be applicable, b. The Agency agrees to maintain the Project real property, # equipment, and supplies in good operating order, anJ,in accordance with any guidelines, directives, or regulations 'teat UMTA- may y ~Zi issue. If, during the period, any Project real estate, equipment,/~ or supplies are not used in mass transportation service, whether by lJJ planned withdrawal, misuse or casualty loss, the Agency shall immediately notify the City. Uniess otherwise approved, the City shall remit to the City a 'proportional amount of the fair market value, if any, of the real property, equipment, or supplies whose aggregate value exceeds $5,000, which value shall be determined on the basis of the ratio of the Federal assistance awarded by the Government to the actual cost of the Project. The following guidelines shall be followed in determining the fair market value. Unless otherwise approved in writing by UMTA, the fair market value of equipment 'ind supplies will be the value of that property at the time immediately before the reason occurred that prompted the decision to withdraw, that. property from transit use, For example, in the event of loss of or damage to the property by casualty or fire, the fair market value of the property will be calculated immediately before the loss or damage, irrespective of the extent of insurance coverage. In the case of equipment and supplies, fai.* market value shall be based on straight line depreciation of th equipment and supplies, based on the industry standard for useful life, irrespective of the reason for withdrawal of that property from transit use. In the case of real property, the fair market value shall be determined by competent appraisal based on an appropriate date as determined by the Government consistent with the standards of 49 C.F.R. Part 24. The City, however, reserves the right to require another method of valuation to be used if the Government (IIMTA) finds Ghat special circumstances so require to assure the protection of the Federal investment. In unusual circumstances, the Agency may request that another reasonable method of determining fair market value be used, including but not limited to accelerated depreciation, comparable sales, or estab- lished market values. In determining whether to approve an alternate methc<I, the City may consider any action taken, omission made or unfortunate occurrence suffered by the Agency with respect to the prer3ervation or conservation of the value of the real property, equipment, or supplies that, for any reason, have been withdrawn from service, c. The Agency further agrees that the Project real property, equipment, and supplies shall be used for the provision of mass transportation service: within the area and in the manner set forth in the Project Description. should the Agency unreasonably delay in or refrain from using Project real estate or equipment, in the manner set forth in the Project Description, the City reserves the right to require the Agency to return the entire amount of the Federal assistance expended on that real estate or equipment. The Agency shall keep satisfactory records with regard to the use of the real property, equipment, and supplies, and submit to the City upon request such information as may be required to Assure compliance with this Section and shall immediately notify the City in all cases in which Project real property, equipment, or supplies are used in a manner substantially different from what is set forth Page 13 . in the Project Description. The City reserves the riaht to require ~ the Agency to restore Project real property, equipment, or supplies j or pay for damage to Project real property, equipment, or supplies 1I as a result of abuse or misuse of such property with the Agency's knowledge and consent. Project closeout will not alter the Agency's property management obligations set forth at 49 C.F.R. 18.31 and 28.32 or OMB Circular A-110, Attachment N. T. Agency may not execute any transfer of tits;a., .l,e,4se, lien, -a/ pledge, mortgage, encumbrance, contract, grant antic ipation-'hote, alienation, or other obligation that in any way off4he thr:..Federal.~ interest in any Project real property or equipment, nor may the/Q Y~/~ Agency obligate itself, in any other manner, to any third party ~G// with respect to Project real property or equipment, unless such transfer of title, lease, lien, pledge, mortgage, encumbrance, contract, grant anticipation note, alienation, or other obligation is expressly authorized in writing by the Government (UMTA); nor may the Agency, by any act or omission, adversely affect the Federal interest or impair the Agency's continuing control over the use of Project real property or equipment. U. MISCELLANEOUS 1. Agency shall comply with Department of Transportation regulations, "Uniform Relocation and Real Property Acquisition Regulation for Federal and Federally Assisted Programs," 49 C.F.R. Part 24. 2. Agency shall comply with the flood insurance purchasi requirements of section 102(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. § 4012(a), with respect to any construction or acquisitioi, Project. 3. Agency shall. comply with the bus testing requirements as set forth in section 12(h) of the Urban Mars Transportation Act of 1964, as amended, 49 U.S.C. app. § 1608(h), and any implementing regulations that may be issued thereunder. 4. Agency shall comply with any regulations that may be issued to implement section 12(j) of the Urban Mass Transportation Act, of 1964, as amended, 49 U.S.C. app. § 1608(j). V. CIVIL RIGHTS a, EguaI Employment Qpportunjj:y - The following requirements are applicable to the Project: (1) In connection with Project implementation, the Agency may not discriminate against any employee or applicant for employment because of race, color, age, creed, sex, or national origin. The Agency shall take affirmative action to ensure that applioants are employed, and that employees; are treated during employments without regard to their race, color, religion, sex, age, or national origin. Such action shall include, but riot 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. The Agency shall insert the foregoing provision (modified only to show the particular contractual relationship) in all of its contracts in r-onnect:ion with the development or operation of the Project, except contracts for standard commercial. Page 14 1 y supplies or raw materials and construction contracts subject to the provisions of Section 115.a. of Part II of this Agreement, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. 2 If, as a condition of assistance the Agency ted (and the City has approved, an a equal em ldg en opposubmity fI Y q p ~ -opportunity r` program that the Agency agrees to carry out, such program is/r/,f '5 incorporated into this Agreement by reference. Such program shall ; be treated as a contractual obligation; and failure to carry out the terms of that equal employment opportunity program shall be treated as a violation of this Agreement. Upon notification to the Agency of its failure to carry out the approved program, the Government or the City will impose such remedies as i~ may deem appropriate, which remedies may include termination of financial assistance as set forth in Section 106 of Part II of this Agreement or other measures that may affect the ability of the Lgency to obtain future financial assistance under the Urban Mass Transporta- tion Act of 1964, as amended, or title 23, United States Code (Highways). ~r b. Small, Minority and Women's Buskness Enterprise. The following 'r provisions are applicable to the Project: I (1) The Agency shall be responsible for meeting the require- ments regarding participation by minority business enterpris (MBE) in Department of Transportation programs sPt forth at C.F.R. Part 23, Pursuant to the requirements of 49 C.F.R. § 23.4 the following clauses must be inserted in each third part conteact : (a) ROLICYI IT IS THE POLICY OF THE DEPARTMENT OF f TRANSPORTATION THAT MINORITY BUSINESS ENTERPRISES, AS DEFINED IN 49 C.F.R. PART 230 SHALL HAVE THE MAXIMUM OPPORTV TTY TO PARTICIPATE 1 IN THE PERFORMANCE OF CONTRACTS FINANCED IN WH~'r., OR IN PART WITH FEDERAL FUNDS UNDER THIS AGREEMENT. CONSEQUENTLY, THE MBE REQUIREMENTS OF 49 C.F.R. PART 23 APPLY TO 'PHIS AGREEMENT. (b) M111, OBLIGATION. THE AGENCY AND ITS CONTRACTORS AGREE TO ENSURE THAT MINORITY BUSINESS ENTERPRISES AS DEFINED IN 49 C.F.R. PART 23 HAVE THE MAXIMUM OPPORTUNITY TO PARTICIPATE IN THE PERFORMANCE OF CONTRACTS AND SUBCONTRACTS FINANCED IN WHOLE OR IN PART WITH FEDERAL FUNDS PROVIDED UNDER THIS AGREEMENT. IN THIS REGARD ALL AGENCIES AND CONTRACTORS SHALL TAKE ALL NECESSARY AND REASONABLE STEPS IN ACCORDANCE WITH 49 C.F.R. PART 23 TO ENSURE THAT MINORITY BUSINESS ENTERPRISES HAVE THE MAXIMUM OPPORTUNITY TO COMPETE FOR AND PERFORM CONTRACTS. AGENCY AND ITS CONTRACTORS SHALL NOT DISCRIMINATE ON THE BASIS OF RACE, COLOR, NATIONAL ORIGIN OR SEX IN THE AWARD AND PERFORMANCE OF CONTRACTS ASSISTED BY THE DEPARTMENT OF TRANSPORTATION. (2) if, as a condition of assistance, the Agency has submitted and the Department of Transportation has approved a minority business enterprise affirmative action program that the Agency agrees to carry out, that program is incorporated into this financial assistance Agreement by reference. That program shall be treated as a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notifica- tion to the Agency of its failure to carry out the approved program, the Department of Transportation shall impose such Page 15 sanctions as noted in 49 C.F.R. Part 2;, Subpart E, which sanctions may include termination of the Agreement or other measures that may affect the Agency's ability to obtain future financial assistance from the The Department Transportation. ( each sub-recipient shall advise contractor, yf and subcontractor that failure to carry out the,,requirements sets p, forth in 49 C. F. R. § 23.43 (a) shall constitute a breach of contract and, after the notification of the Department of Transportation,/9 41V may result in termination of the Agreement or contract by the Agency or such remedy as the Agency deems appropriate. (4) The Agency shall take action concerning lessees as follows; (a) The Agency shall not exclude MBEs from participation in business opportunities by entering into long-term, exclusive agreements with non-MBE's for the operation of major transporta- tion-related activities for the provision of goods and services to the facility or to the public on the facility. - (b) If the Agency that is required to submit affirmative + action programs under 49 C.F.R. § 23.41(a)(2) or 49 C.F.R. § 23,41(a)(3) and has business opportunities for lessees, it shall submit for approval to the Department of Transportation with its programs overall goals for the participation as lessees of firms owned and controlled by MBE's. These goals shall be for specified period of time and shall be based on the factors lists in 49 C.F.R. § 23.45 (g)(5). The Agency shall review these goal. at least annually, and whenever they expire, analyzing pz,-ejected versus actual MBE participation during the period covered by the review and any changes in factual circumstances affecting the selection of goals, Following each review, the Agency shall submit new overall goals to the Department of Transportation for approval. If Agency fails to meet its goals for MBE lessees, it shall demonstrate to the City and the Government in writing that it made reasonable efforts to meet the goals, (c) Except as provided in this section, the Agency is required to include lessees in affi,--mative action programs. Lessees themselves are riot subject to the requirements of this Part, except for the requirement under 49 C.F.R. § 23.7 that lessees avoid discrimination against MBEs. (5) The Agency agrees to include the clauses in subsections 114.b. (1) (a) and 114.b.(1)(b) of Part 11 of this Agreement in all subsequent agreements between the Agency and any sub-recipient and in all subsequent contracts assisted by the City or Government (UMTA) between the Agency or sub-recipients and any third party contractor. C, TJtr e V Civ _.JcJ1its Act of 1964. The Agency shall comply and shall ansure the compliance by contractors and subcontractors under this Project with all requirements of Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d1 Department of Transportation regulations, "Nondiscrimination in Federally-Assisted Programs of the Department of Transportation Effectuation of Title VI of the Civil Rights Act," 49 C.F.R. Part 211 and the Assurance by the Agency pursuant thereto, Page 16 d. ~ HQndiscrimination on the Basis ofearLiCap, The Agency shall ensure that all fixed facility construction or alteration and all new equipment included in the Project shall comply with Department of Transportation regulations, "Nondiscrimination on the Basis of :.andicap in Programs and Activities, Receiving or Benefitting from Federal Financial Assistance," 49 C.F.R. Part 27, and UMTA regulations, "Transportation for Elderly and Handicapped Persons," 49 C.F.R. Part 609, and any amendments thereto that may be issued. e, competition in Procurement. :"he Agency agrees to comply with the Procurement Standards requirements set forth at 49 C.F.R. 5 and3with any Bsupcircular A-110, plementary directives mortre0, as may be gulations including aUMTA Circular 4220.1Bt and any revisions thereof, at- may be applicable. UMTA reserves the right to review the Agency's technical specifica- tions and requirements, where sur,h review is necessary for proper Project administration, The Agency further agrees that, notwith- standing the requirements of Saction 721 of Part II of this Agreement, no Federal funds shall l)e used to support procurements utilizing exclusionary or discriminatory specifications, f. Fo1Lc_q_Agggi t . The City and Government (UMTA) reserves the right to determine the extent of its participation in force account costs. g. Settlement of, Thirq_ Party Contract Disputes pr. 8reacho p, Thy U.S. Government has a vested interest in the settlement of, an~ dispute, default, or breach involving any federally-assisted thir>~ party contract. Agency agrees that the Government retains t right to a proportionate share, based on the percentage of the Federal share committed to the Project, of any proceeds derived from any third party recovery, Therefore the Agency shall avail itself of all legal rights available under any third party contract, The Agency shall notify the city and Government of any current or prospective litigation or major disputed claim pertain- ing to any third party contract. The City and Government reserves the right to concur in any compromise or settlement of any claim by I the Agency involving any third party contract. If the third party contract contains a liquidated damages provision, any liquidated damages recovered shall be credited to the Project account involved unless the Government permits otherwise. In the event the Agency wishes to join the Government as a named party to litigation, for any reason, the Agency agrees to inform the City Government before doing sot this proviso applies to any type of litigation whatsoev- er, in any forum. xr,~ Zthies'- The Agency shall maintain a written code or standards of conducV- that shall govern the performance of its officers, employees, "board members, or agents engaged in the award and administration of contracts supported by Federal funds. such code or standards shall provide that no employee, officer, board member, or agent of the Agency may participate in the selection, award, or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved, Such a conflict would arise when any of the parties set forth below has a financial or other interest in the firm selected for award: (1) The emplo,y,cie, officer, board member, or agents (2) Any member of his or her immediate familyt Page 17 "low i I (a) His or her partner; or (4) An organization that employs, of the above, or is about toe1n p16 any/- The code or standards s'ga.ll officers, also provide f?, employees, board membars that the her uOlicls._ nor accept gratuities, favors or or agents may neither solcit f13 present: or potential contractors ornYthin of set minimum rules where the financial biota restmis notysubatia from or the P:(e'nts. The Agency may ' gift is an unsolicited item of nominal intrinsic value. bat ntiai permitted by State or local law or regulations? standards shall provide for or disciplinary Penalties, ;;;lnctins~~ch cc3e or employeesy actions for v.i0lations or other Agency's recipients or atheirembert or agents, b r byY e contractors officers, agents, or sub_ i ]Into res of L4 ere or delegate to the Cong ~ss°Of the ~_..~e United 5ca~cJr ~ss, No member of to any ;share or part of this Project or to any shall be admitted Y benefit therefrom, W. The following provisions are a assisted construction contracts: PPlicable to federally a ery of* iminati-0 Pursuant to the regulations Secrcatar Labor at 41 C,F,R. 60,-1.4(b of the )(1) and 60-1,4(c)= to b(1) oat nrorped hereby agrees that it will incorporate or caul odie inc on thereof into any contract as defined for construction work, mficati, + Secretary of Labor., at 41 C,F,R, Chpter 60, t is in the regulatfons whole or in part with funds obtainedafrom the Federal Governmenttor borrowed on the credit of the Federal Government paid for in grant, cooperative agreement, pursuant to guarantee, or undertaken pursuant contract, loan, insurance a the grant, cooperative a co onr~geral program involving guarantee, the following equal a equal opportuni_Y loan , insurance, or DURING THE PERFORMANCE OF THIS CONTRACT clause. FOLLOWS; , THE CONTRACTOR AGREES AS (a) THE CONTRACTOR WILL NOT DISCRIMINATE EMPLOYEE OR APPLICANT FOR EMPLOYMENT BECAUSE AGAINST ANY RELIGION, SEX, OR NATIONAL ORIGIN, OF AFFIRMATIVE AC":TON TO ENSURE THAT APPLICAN THE TS CONTRACTOR CWILLCO AK EMPLOYEES J1RE TREATED DURING EMPIrlYMENT WITHOUT PP AR,., EMPLOYED TAKE ACE,, COLOR, RELIGION, SEX, OR NAT 'J AL ORIGIN. REGARD ' AD THAT I INCLUDE) $UT NOT ARD TO THEIR NCLU E) BE LIMTTFD TO THE SUCH ACTION SHALL ADVERTISING DEMOTION, OR TRANSFER FOLLOWING: EMPLOYMENT, UPGRADING, RE OR t LAYOFF OR TERMINATIONI)RATESROFTPAYTOR OTHERCFORMSEOF COMPENSATION) A D SELECTION FOR TRAINING, INCLUDING APPRENTICESHIP, THE CONTACTOR AGREES TO POST IN CONSPICUOUS P EMPLOYEES AND APPLICANTS FOR EMPLOYMENT LACES, AVAILABLE TO SETTING FORTIi TH1° PROVISIONS OF THIS NONDISCRIMINATIONBCLAUSE. (b) THE CONTRACTOR WILL, IN ALL SOLICITATIONS OR ADVERTISE. MENTS FOR EMPLOYEES PLACED BY OR ON BEHALF OF THE CONTRACTOR, STATE THAT ALL QUALIFIED APPLICANTS WILL RECEIVE CONSTDERATTON FOR EMPLOYMENT WITHOUT REGARD TO RACE:, COLOR, RELIGION, SEX NATIONAL ORIGIN, , OR Page 18 .,a •.u ,y~uvi~ v111 VI'{ VL% A NOTICE TO BE I REPRESENTATIVE OF OR WORKERS WITH ORT UNDER5T W A5 IREPRESENTATIVVE OF THE AGREEMENT OR OTHER PROVIDED ADVISING THE LABOR UNION OR WORKER CONTRACTOR' S COMMITMENTS UNDER SECTION 20FF EXECUTIVE ORDER 11246 AND SHALL POST COPIES AND APPLICANTS FOR E THE OF SEPTEMBER 24, 1965, TO EMPLOYEES CONSPICUOUS PLACES AVAILABLE T EMPLOYMENT. WILL COMPLY WITH ALL PROVISIONS T}iET RULESr (d) THE CONTRACTOR 1965, AND OF OF SEPTEMBER 24, EXECUTIVE ORDER 11246 OF REGULATIONS, AND RELEVANT ORDERS THE SECRETARY OF LABOR. CONTRACTOR WILL FURNISH ALL INFORMATION AND REPORTS (e) THE 1965, AND BY THE r REQUIRED BY EXECUTIVE ANpE~RDERS OF OF THE SEPTEMBER 2 ` SECRETARY OF LABOR, OR 11246 AND RULES, REGULATIONS, FOR PURPOSES OF PURSUANT THERETO, AND WILL PER I I ACCESS ANDO UITS MTABOOKS, F , ACCOUNTS HY THE SECRETARY OF' INVESTIGATION TU ASCERTAIN COMPLIANCE WITH SUCH RULES, REGULATIONS, AND ORDERS, (f) IN CONTRACTOR`S NONCOLI THE EVENT OF THE ANY WOFHSUCH OF THIS AGREEMENT OR WITH BE CANCELLED, NONDISCRIMINATION CLAUSES , THIS AGREEMENT MAY TIONS, OR ORDERS THE CONTRACTOR MAY RULES, REGULA WHOLF OR IN PART AND TERMINATED, OR SUSPENDED IN FURTHER BE DECLARED INELIGIBLE E TN IONS MAYIBE r EXECUTVE CCOR DANCE FOR PROCEDURES AUTHOR CONTRACTS IN A ORDER 11246 OF SEPTEMBER 24, 1965, AND SUCH OTHER IMPOSED AND REMEDIES INVOKED BY RULEVIDED TN REGULATION, EXECUTIVE ORDER 112 OR SE ORDER OF THE SEPTEMBER 24, 1965, SECRETARY OF LABOR, OR AS OTHERWISE PROVIDED BY LaAW' (g) THE CONTRACTOR T4{IaL5UB8ECTIONTIN EVERY SUECONR'RACT OR PURCHASE ORDER UNLESS EXEMPTED BY RULES, RSULATIONS, OR ORDERS 0 GRAPHS (a) THROUGH (g) OF EXECUT LABOR ISSUED PURSUANT TO SUC1H pROV204 TSIONS St1ALLI THE BE SECRETARY 0 TR. THE CONTRACTOR WILL ORDER 11246 OF SEPTEMBER 24, 1965, SO THAT BINDING UPON EACH SUBCONTRACTOR OR VENDON 'CH ACTION WITH RESPECT TO ANY SUBCORACT OR PURCHASE ORDER OF LABOR OR UMTA MAY D FOR ANONCOMPLIANCE; TAKE AS St SECRETARY INCLUDING SANCTIONS IN, OR IS CTOR INVOLVED OR VENDOR AS A ENFORCING SUCH PROVTHATyIF A CONTRACTOR BECOMES OV~, HOWEVF~, THREATENED WITH, LITIGATION WITH A SUBCONTRACTOR OF SUCH DIRECTION, THE CONTRACTOR MAY REQUEST THE UNITED LITIGATION TO PROTECT THE INTERESTS 0 SUCH STATES TO ENTER INTO SUCH THE UNITED STATES. t rime (2) The Agency shall assure that each noltexemp P in nonexemPt contractor and include su co aofoSubsection 115. a• (1) (a)hthrough (g) contract the requirements Agreement. of Part II of t.h..s Agre it will, be bound by this (3) The Agency further agrees that to its own employment clause with respect equal opportunity assisted construction ily pract drticipates in fedcrarticipating is a State or ices when it P' ncy so work) Provided thathis equal Opp tun it y clause doeovernment that local government, or subdivision of such g any agency, instrumentality ate in w0rX under the Agreemen does not particiP ~(M r>I S Page 19 i C 4 ) The A actively with gency agrhees that it will rs assist Compliance The UMTA and te Secretary of and cooperate opportunity contractors and subcontra to with the cl ause and the rules, regulations with the equal of the Secretary of Labor, and relevant orders Secretary of Labor such infornationtasllthl provide supervision of such compliance; and that it will oequi3eand the t;MTA in discharging its ey may require for the compliance, primary responsibi.lit assist y for securing (5) The Agency further entering into any contract or agrees that it will refrain order 7.124E Of September 2ontract modification subin,-'from contractor that is 9, 1965 Jet to any ~ debarred from or has not de ty for Government contracts , as am, monstrateddeligibili- contracts pursuant to the Execuand deral t veeOrder.ly assisted sanctions and penalties and will carry clause as may for violation of the equal y out such UMTA or the Secret imposed upon contractors and ubc opportunity y of Labor subcontractors by the Executive Order. In addition, to Part II fails or refuses to , the Agenc Subpart D it an,y or all of the follcomply owing with these y agrees that if it in whole or in undertakings, UMTA may Cancel, terminate ° Y take further arlsistan ce art to thesRe i pent Under£the from extending pact to which the failure or refusal assurance of future occurred program with respect and refer the case tomthea Department t~OfeJusticet for s atisfactory legal proceedings, from such Agency ppropria b. ~ipeg icat ons. The incorporate or cause to Agency hereby agrees that forth be] ow into all Federal or incorporated the specifications set contracts, or modifications thereof, federally assisted construction performed in geographical areas denated bCethe Director, 0 to be of Federal Contract Compliance Programs by pursuant to the regulations of the Secretary thofDL Office ~ 60••4.3 and in partmont of Labor § Labor at 41 C.F.R. necessary in whole 60--4. construction subcontracts in excess of $10000() Federal contracts or in part to the performance of nonconstruction Feder and subcontracts covered tinder Executive order STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNI'T'Y CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 21246); (1) AS USED IN THESE SPECIFICATIONS; THE SOLICIT: "COVERED AREA" MEANS THE GEOGRAPHICAL, AREA DESCRIBED IN ATION WHICH THIS CONTRACT RESUL'T`ED; COMPLIANCE "DIRECTOR" MEANS DIRECTOR, OFFICE OF FEDERAL CONTRACT PERSON N CE UNITED STATES DEPARTMENT OF LABOR OR ANY WHOM THE DIRECTOR DELEGATES AUTHORITY; SOCIAL SECURITY NUMBER IDENTIFICATION NUMBER" MEANS THE NUMBER USED ON THE EMPLOYER'S QUARTERLY FEDERALETAX RETURN, U.S. TREASURY DEPARTMENT FORM 9411 (d) "MINORITY" INCLUDES., (1) BLACK (ALL PERSONS HAVING ORIGINS IN ANY OF THE BLACK AFRICAN RACIAL GROUPS NOT OF HISPANIC ORIGIN); Page 20 r ...j_... (ii) HISPANIC (ALL PERSONS OF MEXICAN, PUERTO RICAN, CUBAN, CENTRAL OR SOUTH AMERICAN OR OTHER SPANISH CULTURE OR ORIGIN, REGARDLESS OF RACE); (iii) ASIAN AND PACIFIC ISLANDER (ALT, PERSONS HAVING ORIGINS IN ANY OF THE ORIGINAL PEOPLES CF THE FAR EAST, SOUTHEAST ASIA, THE INDIAN SUBCONTINENT, OR THE PACIFIC ISLANDS); AND (iv) AMERICAN INDIAN OR ALASKAN NATIVE (ALL PERSONS HAVING ORIGINS IN ANY OF THE ORIGINAL PEOPLES OF NORTH AMERICA AND MAINTAINING IDENTIFIABLE TRIBAL AFFILIATIONS THROUGH MEMBERSHIP AND PARTICIPATION OR COMMUNI'T'Y IDENTIFICATION). (2) WHENEVER THE CONTRACTOR, OR ANY SUBCONTRACTOR AT ANY TIER, SUBCONTRACTS A PORTION OF TH17 WORK INVOLVING ANY CONSTRUCTION' TRADE, IT SHALL PHYSICALLY INCLUDE IN EACH SUBCONTRACT IN EXCESS OF $10,000 THE PROVISIONS OF THESE SPECIFICATIONS AND THE NOTICE WHICH CONTAINS THE APPLICABLE GOALS FOR MINORITY AND FEMALE PARTICIPATION AND WHICH IS SET FORTH IN THE S'J CITATIONS FROM WHICH THIS CONTRACT RESULTED. (3) IF THE CONTRACTOR IS PARTICIPATING (PURSUANT TO 41 C.F.R. J 60-4.5) HOMETOWN N EITHER INDIVIDUALLY OR DEPARTMENT THROUGH AN ASSOCIATION, ITS AFFIRMATIVE ACTION OBLIGATIONS ON ALL WORK IN THE PLAN AREA (INCLUDING GOALS AND TIMETABLES) SHALL BE IN ACCORDANCE WITH THAT PLAN FOR THOSE TRADES WHICH HAVE UNIONS PARTICIPATING 3 THE PLAN. CONTRACTORS MUST BE ABLE TO DEMONSTRATE THEIR PARTICIPAI- TION IN AND COIPLIANCE WITH THE PROVISIONS OF ANY SUCH HOMETOV* PLAN. EACH CONTRACTOR OR SUBCONTRACTOR PARTICIPATING IN AN APPROVED PLAN IS INDIVIDUALLY REQUIRED TO COMPLY WITH ITS OBLIGA- TIONS UNDER THE PEO CLAUSE, AND TO MAKE A GOOD FAITH EFFORT TO ACHIEVE EACH GOAL UNDER THE PLAN IN EACH TRADE IN WHICH IT HAS EMPLOYEES. THE OVERALL GOOD FAITH PERFORMANCE BY OTHER CONTRACTORS I OR SUBCONTRACTORS TOWARD A GOAL IN AN APPROVED PLAN DOES NOT EXCUSE ANY COVERED CONTRACTOR'S OR SUBCONTRACTOR'S FAILURE TO MAKE GOOD ~ FAITH EFFORTS TO ACHIEVE THE PLAN GOALS AND TIMETABLES. (4) THE CONTRACTOR SHALL IMPLEMENT THE SPECIFIC AFFIRMATIVE ACTION STANDARDS PROVIDED IN PARAGRAPHS (7) (a) THROUGH (p) OF {1 THESE SPECIF'ICAT'IONS. THE GOALS SET FORTH IN THE SOLICITATION FROM W TOTAL HICH THIS CONTRACT RESULTED ARE EXPRESSED AS PERCEN'.CAGES OF THE HOURS OF EMPLOYMENT AND TRAINING OF MINORITY N THE'' CONTRACTOR SHOULD REASONABLY BE ABLE TO ACHIEVE IN EACH CONSTRUCTION TRADE IN WHICH IT HAS EMPLOYEES IN THE COVERED AREA. COVERED CONSTRUCTION CONTRACTORS PERFORMING CONSTRUCTION WORK IN GEOGRAPHICAL AREAS WHERE THEY DO NOT HAVE A FEDERAL OR FEDERALLY ASSISTED CONSTRUCTION CONTRACT SHALL APPLY THE MINORITY AND FEMALE GOALS ESTABLISHED FOR THIS GEOGRAPHICAL AREA WHERE THE WORK 13 BEING PERFORMED. GOALS ARE PUBLISHED PERIODICALLY IN THE, F9QE 5L._sTBTo IN NOTICE FORM, AND SUCH NOTICES MAY BE OBTAINED FROM ANY OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS OFFICE OR FROM FEDERAL PROCUREMENT CONTRACTING OFFICERS. THE CONTRACTOR IS EXPECTED TO MAKE SUBSTANTIALLY UNIFORM PROGRESS TOWARD ITS COAL IN EACH CRAFT DURING THE PERIOD SPECIFIED. (5) NEITHER THE. PROVISIONS OF ANY COLLECTIVE BARGAINING AGREEMENT, NOR THE FAILURE BY A UNION WITH WHOM THE CONTRACTOR HAS A COLLECTIVE BARGAINING AGREEMENT, TO REFER EITHER MINORITIES OR WOMEN SHALL EXCUSE THE CON''RACTOR'S OBLIGATIONS UNDER THESE ~ Page 21 ~ SPECIFICATIONS, EXECUTIVE ORDER 11246, OR THE REGULATIONS PROMUL- GATED PURSUANT THERETO. D,ol- (6) IN ORDER FOR THE NONWORKING TRAINING HOURS,OF,APPRENTICES Y" AND TRAINEES TO BE COUNTED IN MEETING THE GOAL$,,SUCH APPRENTICES<-•- Y~7 AND TRAINEES RUST BE EMPLOYED BY THE CONTRACTOR DURING THE TRAINING PERIOD, AND THE. CONTRACTOR MUST HAVE MADE A COMMITMEN'T' TO EMPLOY,~'i?-jy //3 THE APPRENTICES AND TRAINEES AT THE COMPLETION OF THEIR TRAINING, SUBJECT TO THE AVAILABILITY OF EMPLOYMENT OPPORTUNITIES. TRAINEES MUST BE TRAINED PURSUANT TO TRAINING PROGRAMS APPROVED BY THE U.S. DEPARTMENT OF LABOR. (7) THE CONTRACTOR SHALL TAKE SPECIFIC AFFIRMA`T'IVE ACTIONS 'PO ENSURE EQUAL EMPLOYMENT OPPORTUNITY. THE EVALUATION OF THE CON- TRACTOR'S COMPLIANCE WITH THESE SPECIFICATIONS SHALL BE BASED UPON ITS EFFORT TO ACHIEVE MAXIMUM RESULTS FROM ITS ACTIONS. THE CONTRACTOR SHALL DOCUMENT THESE EFFORTS FULLY, AND SHALL IMPLEMENT AFFIRMATIVE ACTION STEPS AT LEAST AS EXTENSIVE AS THE FOLLOWING: (a) ENSURE AND MAINTAIN A WORKING ENVIRONMENT FREE OF HARASSMENT, INTIMIDATION, AND COERCION AT ALL SITES, AND IN ALL FACILITIES AT WHICH THE CONTRACTOR'S F~MPLOYFXS ARE ASSIGNED TO WORK. THE CONTRACTOR, WHrRE POSSIBLE, WILL ASSIGN TWO OR MORE WOMEN TO EACH CONSTRUCTION PROJECT. THE CONTRACTOR SHALL SPECIFI- CALLY ENSURE THAT ALIT FOREMEN, SUPERINTENDENTS, AND OTHER ON-SITE SUPERVISORY PERSONNEL ARE AWARE OF AND CARRY OUT THE CONTRACTOR'S OBLIGATION TO MAINTAIN SUCI4 A WORKING ENVIRONMENT, WITH SPECIF ATTENTION TO MINORITY OR FEMALE INDIVIDUALS WORKING AT SUCH SIT OR IN SUCH FACILITIES. (b) ESTABLISH AND MAINTAIN A CURRENT LIST OF MINORITY AND FEMALE RECRUITMENT SOURCES, PROVIDE WRITTEN NOTICE TO MINORITY AND ` FEMALE. RECRUITMENT SOURCES AND TO COMMUNITY ORGANIZATIONS WHEN THa I CONTRACTOR OR ITS UNIONS HAVE EMPLOYMENT OPPORTUNITIES AVAILABLE, AND MAINTAIN A RECORD OF THE ORGANIZATIONS' RESPONSES, (o) MAINTAIN A CURRENT FILE OF THE NAMES, ADDRESSES AND TELEPHONE, 14UMBERS OF EACH MINORITY AND FEMALE OFF-THE-STREET APPLICANT AND MINORITY. OR FEMALE REFERRAL FROM A UNION, A RECRUIT- MENT SOURCE OR COMMUNITY ORGANIZATION AND OF WHAT ACTION WAS TAKEN WITH RESPECT TO EACH SUCH INDIVIDUAL. IF SUCH INDIVIDUAL WAS SENT TO THE UNION HIRING HAUL FOR REFERRAL AND WAS NOT REFERRED BACK TO THE CONTRACTOR BY. THE UNION OR, IF REFERRED, NOT EMPLOYED BY THE CONTRACTOR, THIS SHALL BE DOCUMENTED IN THE FILE WITH THE REASON THEREFOR, ALONG WITH WFIATEVER ADDITIONAL ACTIONS THE CONTRACTOR MAY HAVE TAKENt ' (<i)w PROVIDE IMMEDIATE WRITTEN NOTIFICATION TO THE DIRECTOR WHEN THE 1ilk.ON OR UNIONS WITH WHICH THE CONTRACTOR HAS A COLLECTIVE BARGAINING AGREEMENT HAS NOT REFERRED TO THE CONTRACTOR A MINORITY PERSON OR WOMAIJ SENT BY THE CONTRACTOR, OR WHEN THE, CONTRACTOR HAS OTHER INFORMATION THAT THE UNIOIJ REFERRAL PROCESS HAS IMPEDED THE CONTRACTOR'S EFFORTS 'TO MEET ITS OBLIGATIONS. (e) DEVELOP ON-THE-JOB TRAINING OPPORTUNITIES AND/OR PARTICIPATE IN TRAINING PROGRAMS FOR THE AREA WIIICH EXPRESSLY INCLUDE MINORITIES AND WOMEN, INCLUDING UPGRADING PROGRAMS AND APPRENTICESHIP AND TRAINEE PROGRAMS RELEVANT TO THE CONTRACTOR'S EMPLOYMENT NEEDS, ESPECIALLY THOSE PROGRAMS FUNDED OR APPROVED BY THE DEPARTMENT OF LABOR. THESE PROGRAMS TO HESOUR ES COMPILED UNDER SHALL (7) (b) PROVIDE OF Page 22 (f) DISSEMINATE THE CONTRACTOR'S EEO POLICY BY PROVIDING NOTICE OF THE POLICY TO UNIONS AND TRAINING PROGRAMS AND REQUESTING THEIR COOPERATION IN ASSISTING THE CONTRACTOR IN MEETING ITS EEO OBLIGATIONS; BY INCLUDING IT IN ANY POLICY MANUAL AND COLLECTIVE BARGAINING AGREEMENT; BY PUBLICIZING IT IN THE COMPANY NEWSPAPER, ANNUAL REPORT, ETC.; BY SPECIFIC REVIEW OF THE POLICY WITH ALL MANAGEME''NT PERSONNEL AND WITH ALL MINORITY AND FEMALE EMPLOYEES AT LEAST ONCE A YEAR; AND BY POSTING THE COMPANY EEO POLICY ON BULLETIN BOARDS ACCESSIBLE TO ALL EMPLOYEES AT EACH LOCATION WHERE CONSTRUCTION WORK IS PERFORMED. + (g) REVIEW, AT LEAST ANNUALLY, THE COMPANY'S EEO POLICY A'ND AFFIRMATIVE ACTION 013LIGATIONS UNDER THESE SPECIFICATIONS WITH ALL EMPLOYEES HAVING RESPONSIBILITY FOR HIRING, ASSIGNMENT, LAYOFF, TERMINATION OR OTHER EMPLOYMENT DECISIONS INCLUDING SPECIFIC REVIEW OF THESE ITEMS WITH ON-SITE SUPERVISORY PERSONNEL SUCH AS SUPERIN- TENDENTS, GENERAL FOREMAN, ETC., PRIOR TO THE INITIATION OF CONSTRUCTION WORK AT ANY JOB SITE. A WRITTEN RECORD SHALL BE MADE AND MAINTAINED IDENTIFYING THE TIME AND PLACE OF THEE MEETINGS, PERSONS ATTENDING, SUBJECT MA'T'TER DISCUSSED, AND DISPOSITION OF THE r'N SUBJECT MATTER. (t+) DISSEMINATE THE CONTRACTOR'S EEO POLICY EXTERNALLY BY INCLUDING, IT IN ANY ADVERTISING IN THE NEWS MEDIA, SPECIFICALLY INCLUDING MINORITY AND FEMALE NEWS MEDIA, AND PROVIDING WRITTEN NOTIFICATION TO AND DISCUSSING THE CONTRACTOR'S EEO POLICY WITH OTHER CONTRACTORS AND SUBCONTRACTORS WITH WHOI4 THE CONTRAC'T'OR DOFF OR ANTICIPATES DOING BUSINESS. (i.) DIRECT RECRUITMENT EFFORTS, BOTH ORAL AND WRITTEN, TO MINORITY, FEMALE AND COMMUNI'T'Y ORGANIZATIONS, TO SCHOOLS WITH MINORITY AND FEMALE STUDENTS AND TO MINORITY A14D FEMALE RECRUITMENT AND TRAINING ORGANIZATIONS SERVING THE CONTRACTOR'S RECRUITMENT AREA AND EMPLOYMENT NEEDS. NOT LATER THAN ONE MONTH PRIOR TO THE DATE FOR THE ACCEPTANCE OF APPLICATIONS FOR APPRENTICESHIP OR OTHER TRAINING BY ANY RECRUITMENT SOURCE, THE CONTRACTOR SHALL SEND WRIT'T'EN NOTICE TO ORGANIZATIONS SUCH AS THE ABOVE, DESCRIBING THE l OPENINGS, SCREENING PROCEDURES, AND TESTS TO BE USED IN THE SELECTION PROCESS. (J) ENCOURAGE PRESENT MINORITY AND FEMALE EMPLOYEES 'PO RECRUIT OTHER MINORITY PERSONS AND WOMEN AND, WHERE REASONABLE, PROVIDE AF'T'ER SCHOOL, SUMMER AND VACATION EMPLOYMENT TO MINORITY AND FEMALE YOUTH, BOTH ON THE SITE AND IN OTHER AREAS OF TH CONTRACTOR'S WORK FORCE. (k) VALIDATE ALL TESTS AND OTHER SELECTION REQUIREMENTS WHERE THERE IS AN OBLIGATION TO DO SO UNDER 41. C.F.R. PART 60-3. (T) CONDUCT, AT LEAST ANNUALLY, AN INVENTORY AND EVALUATION AT LEAST OF' ALL MINORITY AND FEMALE; PERSONNEL FOR PROMOTIONAL OPPORTUNITIES AND ENCOURAGE THESE EMPLOYEES TO SEEK OR TO PREPARE FOR, THROUGH APPROPRIATE TRAINING, ETC., SUCH OPPORTUNITIES. (m) ENSURE THAT SENIORITY PRACTICES, JOB CLASSIFICATIONS, WORK ASSIG MENTS AND OTHER PERSONNEL PRACTICES DO NOT HAVE A DISCRIMINATORY EFFECT BY CONTINUALLY. MONITORING ALL PERSONNEL AND EMPLOYMENT RELATED ACTIVITIES TO ENSURE THAT THE EEO POLICY AND THE. CONTRACTOR'S OBLIGATIONS UNDER THESE SPECIFICATIONS ARE BEING CARRIED OUT, %~Jr Page 23 (n) ENSURE THAT ALL FACILITIES AND COMPANY ACTIVITIES ARE NONSEGREGATED EXCEPT THAT SEPARATE OR SINGLE-USER TOILET AND NECESSARY CI[ANGING FACILITIES SHALL, BE PROVIDED TO ASSURE PRIVACY BETWEEN SEXES. ~j,:2ol (0) IX)CUMENT AND MAINTAIN A RECORD OF ALI, SOLI61~ATIONS•OF OFFERS FOR SUBCONTRACTS FROM MINORITY AND FEMALE' CON$TRUCT.TONJ" CONTRACTORS AND SUPPLIERS, INCLUDING CIRCULATION OF SOLICITATIONS TO MINORITY AND FEMALE CONTRACTOR ASSOCIATIONS AND OTHER BUSTNESSI)7 ASSOCIATIONS. 66~~ (p) CONDUCT A REVIEW, AT LEAST ANNUALLY, OF ALL SUPERVISORS' ADHERENCE TO AND PERFORMANCE UNDER THE CONTRACTOR'S EEO POLICIES AND AFFIRMATIVE ACTION OBLIGATIONS. (8) CONTRACTORS ARE ENCOURAGED TO PARTICIPATE IN VOLUNTARY ASSOCIATIONS THAT ASSIST IN FULFILLING ONE OR MORE OF THEIR AFFIRMATIVE ACTION OBLIGATIONS SET FORTE: IN PARAGRAPHS (7) (a) THROUGH (p). THE EFFORTS OF A CONTRACTOR ASSOCIATION, JOINT CONTRACTOR-UNION, CONTRACTOR-COMMUNITY, OR OTHER SIMILAR GROUP OF WHICH THE CONTRACTOR IS A MEMBER AND PARTICIPANT, MAY BE ASSERTED AS FULFILLING ANY ONE OR MORE OF ITS OBLIGATIONS UNDER PARAGRAPHS (7) (a) THROUGH (p) OF THESE SPECIFICATIONS, PROVIDED THAT THE CONTRACTOR ACTIVELY PARTICIPATES IN THE GROUP, MAKES EVERY EFFORT TO ASSURE THAT THE GROUP HAS A POSITIVE IMPACT ON THE EMPLOYMENT OF MINORITIES AND WOMEN IN THE INDUSTRY, ENSURES THAT THE CONCRETE BENEFITS OF THE PROGRAM ARE REFLECTED IN THE CON'TRACTOR'S MINORITY ' AND FEMALE WORK FORCE PARTICIPATION, MAKES A GOOD FAITH EFFORT Tp MEET ITS INDIVIDUAL GOALS AND TIMETABLES, AND CAN PROVIDE ACCESS TO DOCUMENTATION THAT DEMONSTRATES THE EFFECTIVENESS OF ACTIONS TAKEN Oil BEHALF OF THE CONTRACTOR. THE OBLIGATION TO COMPLY, HOWEVER, I3 THE CONTRACTOR'S AND FAILURE OF SUCH A GROUP TO FULFILL AN OBLIGATION SHALL NOT BE A DEFENSE FOR THE CONTRACTOR'S NONCOMPIA- ANCE. (9) A SINGLE GOAL FOR MINORITIES AND A SEPARATE SINGLE GOAL FOR WOMEN HAVE BEEN ESTABLISHED. THE CONTRACTOR, HOWEVER, IS REQUIRED TO PROVIDE EQUAL EMPLOYMENT OPPORTUNITY AND TO TAKE AFFIRMATIVE ACTION FOR ALL MINORITY GROUPS, BOTH MALE AND FEMALE, AND ALL WOMEN, BOTH MINORITY AND NON-MINORITY. CONSEQUENTLY, THE CONTRACTOR MAY BE IN VIOLP,'CION OF THE EXECUTIVE ORDER IF A. PARTICULAR GROUP IS EMPLOYED IN A SUBSTANTIALLY DISPARATE MANNER (EVEN THOUGH THE CONTRACTOR HAS ACHIEVED ITS GOAL FOR WOMEN GENERALLY, THE CONTRACTOR MAY BE IN VIOLATION OF THE EXECUTIVE ORDER IF A SPECIFIC MINORITY GROUP OF WOMEN IS UNDERUTILIZED). (10) THE CONTRACTOR SHALL NOT USE THE GOALS AND TIMETABLES OR AFFIRMATIVE ACTION STANDARDS TO DISCRIMINATE AGAINST ANY PERSON BECAUSE OF RACE, COLOR, RELIGION, SEX, OR NATIONAL ORIGIN. (11) THE CON'T'RACTOR SHALL NOT ENTER INTO ANY SUBCONTRACT WITH ANY PERSON OR FIRM DEBARRED FROM GOVERNMENT CONTRACTS PURSUANT TO EXECUTIVE ORDER 11246. (12) THE CON'TRAC'TOR SHALL. CARRY OUT SUCH SANCTIONS AND PENALTIES FOR VIOLATION OF THESE SPECIFICATIONS AND OF THE EQUAL OPPORTUNITY CLAUSE, INCLUDING SUSPENSION, TERMINATION AND CANCELLA- TION OF EXISTING SUBCONTRACTS AS MAY BE IMPOSED OR ORDERED PURSUANT TO EXECUTIVE ORDER 11246, AS AMENDED, AND ITS IMPLEMENTING REGULATION:, BY THE OFFICE Or FEDERAL CONTRACT COMPLIANCE PROGRAMS. ANY CONTRACTOR WHO FAILS TO CARRY OUT SUCH SANCTIONS AND PENALTIES Page 24 INSERT GOALS FOR INSERT GOALS FOR EACH YEAR EACH YEAR pp (b) THESE GOALS ARE APPLICABLE TO ALL 1")3E CO TRACTOR'S - ` OR f CONSTRUCTION WORK (WHETHER OR NOT IT IS FEDERAL OR FEDERALLY-~29' ASSISTED) PERFORMED IN THE COVERED AREA. IF THE CONTRACTOR PERFORMS CONSTRUCTION WORK IN A GEOGRAPHICAL AREA LOCATED OUTSIDE OF THE COVERED AREA, IT SHALL APPLY THE GOALS ESTABLISHED FOR SUCH GEOGRAPHICAL AREA WHERE THE WORK IS ACTUALLY PERFORMED. WITH REGARD TO THIS SECOND AREA, THE CONTRACTOR ALSO IS SUBJECT TO THE GOALS FOR BOTH ITS FEDERALLY INVOLVED AND NONFEDERALLY INVOLVED CONSTRUCTION. (c) THE CONTRACTOR'S COMPLIANCE WITH THE EXECUTIVE ORDER AND THE REGULATIONS AT 41. C.F.R. PART 60-4 SHALL BE BASED ON ITS IMPLEMENTATION OF THE EQUAL OPPORTUNITY CLAUSE, SPECIFIC AFFIRMATIVE ACTION OBLIGATIONS REQUIRED BY THE SPECIFICATIONS SET FORTH AT 41 C.F.R. § 60-4.3(a), AND ITS EFFORTS TO MEET THE THE HOURS OF MINORIT GOALS. Y AND FEMALE EMPLOYMENT SUBSTANTIALLY UNIFORM THROUGHOUTTHE LENGTH OF THE CONTRACT, AND IN EACH TRADE, AND THE CONTRACTOR SHALL MAKE A GOOD FAITH EFFORT TO EMPLOY MINORITIES AND WOMEN EVENLY ON EACH OF ITS PROJECTS. THE TRANSFER OF MINORITY OR FEMALE EMPLOYEES OR TRAINEES FROM CONTRAC- TOR TO CONTRACTOR OR FROM PROJECT TO PROJECT FOR THE SOLE PURPOSE OF MEETING THE CONTRACTOR'S GOALS SHALL BE A VIOLATION OF THE CONTRACT, THE EXECUTIVE ORDER, AND THE REGULATIONS IN AT C.F. PART 60-4. COMPLIANCE WITH THE GOALS WILL BE MEASURED AGAINST T TOTAL WORK HOURS PERFORMED. 1 (3) THE CONTRACTOR SHALL PROVIDE WRIT'T'EN NOTIFICATION TO THE DIRECTOR OF THE OFFICE; OF FEDERAL CONTRACT COMPLIANCE PROGRAMS WITHIN 10 WORKING DAYS OF AWARD OF ANY CONSTRUCTION SUBCONTRACT IN ll EXCESS OF $10,000 AT ANY TIER FOR CONSTRUCTION WORK UNDER THE I CONTRACT RESULTING FROM THIS SOLICITATION. THE NOTIFICATION SHALL LIST THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE SUBCONTRACTOR; EMPLOYER IDENTIFICATION NUMBER OF THE SUBCONTRACTOR; ESTIMATED DOLLAR AMOUNT Oi THE' SUBCON'T'RACT; ESTIMATED STARTING AND COMPLETION DATES OF THE SUBCONTRACT; AND THE GEOGRAPHICAL AREA IN WHICH THE SUBCONTRACT IS TO BE PERFORMED. (4) AS USED IN THIS NOTICE, AND IN THE CONTRACT RESULTING FROM THIS SOLICITATION, THE "COVERED AREA" IS (INSERT DESCRIPTION OF THE GEOGRAPHICAL AREAS WHERE THE CONTRACT IS TO BE PERFORMED, GIVING THE STATE, COUNTY AND CITY, IF ANY). d. cco 3etions forJhe Ph sic lly "andicanbed, UMTA assisted construction, designs, and alterations shall be undertaken In accordance with and meet the requirements of the provisions of General Services Administration (GSA) regulations set forth at 41 C.F.R. Subpart 101-19.6, unless an exception is granted in writing by UMTA or a waiver is granted in writing by GSA. e. Contract Security, The Agency shall follow the requirements of 49 %R. § 18.36(h) or OMB Circular A-110, Attachment B, as applicable, and Federal (UMTA) guidelines with regard to bid guarantees and bonding requirements. Page 26 3 f. IQsurgnce Du>11ci Constructio~r, The Agency, shall, at a minimum, comply with with the insurance requirements normally imposed by its State and local governments. I c~ g Y e Tshall cause to be ranspo Cation identi>. oyind siat the site off-,'_. - g gris 98tisfacto- gyn~p~ruthe ction Department maintain r g the Project and i indicating that the Government is participating in the development of the Project. h. Safety_Staridards. Pursuant to section 107 of the Contract Work Hours arid Safety Standards Act and Department of Labor regulations= set forth at 29 C.F.R. § 1926, no laborer or mechanic working on a construction contract shall be required to work in surroundings or under working conditions that are unsanitary, hazardous, or dangerous to his or her health and safety as determined under construction and health standards promulgated by the Secretary of Labor. i. L,f.cYUidated Qama gs, The Agency shall, include in all contracts for construction a clause providing for liquidated damages, where appropriate. Liquidated damages clauses are appropriate if the parties may reasonably expect to :suffer damages (increased costs on the Project involved) from the late completion of the construction and the extent or amount of such damages would be difficult or impossible to determine. The assessment for damages shall be at a specific rate per day for each day of overrun in contract timer ana the rate must be specified in the third party contract. Ana- liquidated damages recovered shall be credited to the Projecaccount involved unless the Government permits otherwise. X. Pursuant to regulations set forth at 29 C.F.R. Part 5, the following provisions shall be incorporated in each construction contract of $25,000 let by the Agency in carrying out the Project, (.l) I IMUM WAGES, (a) ALL LABORERS AND MECHANICS EMPLOYED OR WORKING UPON THE SITE OF THE WORK (OR UNDER THE UNITED STATES HOUSING ACT OF 1937 OR UNDER THE HOUSING ACT OF 1949 IN THE CONSTRUCTION OR DEVELOPMENT OF THE PROJECT), WILL BE PAID UNCONDITIONALLY AND NOT LESS OFTEN THAN ONCE A WEEK, AND WITHOUT SUBSEQUENT DEDUCTION OR REBATE ON ANY ACCOUNT (EXCEPT SUCH PAYROLL DEDUCTIONS AS ARE PERMITTED BY REGULATIONS ISSUED BY THE SECRETARY OE' LABOR UNDER THE COPELAND ACT, 29 C.F.R. PART 3), THE FULL AMOUNT OF WAGES AND BONA FIDE FRIN",WEFITS (OR CASH EQUIVALENTS THEREOF) DUE AT THE TIME OF PAYMENI!: PUTED AT RATES NOT LESS THAN THOSE CONTAINED IN THE WAGE DETE TION OF THE SECRETARY OF LABOR WHICH IS ATTACHED HERETO ANZ-*ADE A PART HEREOF, REGARDLESS OF ANY CONTRACTUAL RELATIONSHIP WHICH MAY BE ALLEGED TO EXIST BETWEEN THE CONTRACTOR AND SUCH LABORERS AND MECHANICS. CONTRIBUTIONS MADE OR COSTS REASONABLY ANTICIPATED FOR BONA FIDE FRINGE BENEFITS UNDER SECTION 1(b) (2) OF THE DAVIS-BACON ACT ON BEHALF OF LABORERS OR MECHANICS ARE CONSIDERED WAGES PAID TO SUCH LABORERS OR MECHANICS, SUBJECT TO ":HE PROVISIONS OF 29 C.F.R. § 5.5(a)(1)(1,v)f ALSO, REGULAR CONTRIBUTIONS MADE OR COSTS INCURRED FOR MORE THAN A WEEKLY PERIOD (BUT NOT LESS OFTEN THAN QUARTERLY) UNDER PLANS, FUNDS, OR PROGRAMS THAT COVER THE PARTICULAR WEEKLY PERIOD, ARE DEEMED TO BE CONSTRUCTIVELY MADE OR INCURRED DURING SUCH WEEKLY PERIOD. SUCH I LABORERS AND MECHANICS SHALL BE PAID THE APPROPRIATE WAGE RATE AND FRINGE BENEFITS ON THE WAGE DETERMINATION FOR THE CLASSIFICATION OF Page 27 I ~I WORK ACTUALLY PERFORMED, WITHOUT REGARD TO SKILL, EXCEPT AS PROVIDED AT 29 C.F.R. § 5.5(4)(4)1 LABORERS OR MECHANICS PERFORMING WORK IN MORE THAN ONE CLASSIFICATION MAY BE COMPENSATED AT THE RATE SPECIFIED FOR EACH CLASSIFICATION FOR THE TIME ACTUALLY WORKED THEREIN: PROVIDED, THAT THE EMPLOYER'S PAYROLL RECORDS ACCMR TELY SET FORTH THE TIME SPENT IN EACH CLASSIFICATION IN WHICH WORK IS PERFORMED. THE WAGE DETERMINATION (INCLUDING ANY ADDITIONAL CLASSIFICATION AND WAGE RATES CONFORMED UNDER 29 C.F.R. § 5,5(a) (1) (ii) AND THE DAVIS-BACON POSTER (WH-1321) SHALL BE POSTED AT ALL TIMES BY THE CONTRACTOR AND ITS SUBCONTRACTORS AT THE SITE OF THE WORK IN A PROMINENT AND ACCESSIBLE PLACE WHERE IT CAN BE EASILY SEEN BY THE WORKERS, ANY CLASS OF) LABORERS OREMECHANICS ITHAT IS CN T LI TEDR IN THE WAGE DETERMINATION AND THAT IS TO BE EMPLOYED UNDER THE CONTRACT SHALL BE CLASSIFIED IN CONFORMANCE WITH THE WAGE DETERMINATION. THE CONTRACTING OFFICER SHALL APPROVE AN ADDITIONAL CLASSIFICATION AND WAGE RATE AND FRINGE BENEFITS THEREFOR ONLY WHEN THE FOLLOWING ~r CRITERIA HAVE BEEN MET: f / a. THE WORK TO BE PERFORMED BY THE CLASSIFICATION REQUESTED IS NOT PERFORMED BY A CLASSIFICATION IN THE WAGE DETERMINATION; AND b. THE CLASSIFICATION IS UTILIZED IN THE AREA BY THE CONSTRUCTION INDUSTRY; AND C. THE PROPOSED WAGE RATE, INCLUDING ANY BONA FIDE FRINGE BENEFITS, BEARS A REASONABLE RELATIONSHIP TO THE WAGE RATES CONTAINED IN THE WAGE DETERMINATION. 2. IF THE CONTRACTOR AND THE LABORERS AND MECHANICS TO BE EMPLOYED IN THE CLASSIFICATION (IF KNOWN), OR THEIR REPRESENTATIVES, AND THE CONTRACTING OFFICER AGREE ON THE CLASSIFI- CATION AND WAGE RATE (INCLUDING THE AMOUNT DESIGNATED FOR FRINGE BENEFITS WHERE APPROPRIATE), A REPORT OF THE ACTION TAKEN SHALL BE SENT BY THE CONTRACTING OFFICER TO THE; ADMINISTRATOR OF THE WAGE AND HOUR DIVISION, EMPLOYMENT STANDARDS ADMINISTRATION, U.S. DEPARTMENT OF LABOR, WASHINGTON, D.C. 20210, THE ADMINISTRATOR, OR AN AUTHORIZED REPRESENTATIVE, WILL APPROVE, MODIFY, OR DISAPPROVE EVERY ADDITIONAL CLASSIFICATION ACTION WITHIN 30 DAYS OF RECEIPT AND SO ADVISE, THE CONTRACTING OFFICER OR WILL NOTIFY THE CONTRACT- ING OFFICER WITHIN THE 30-DAY PERIOD THAT ADDITIONAL TIME IS NECESSARY. 3, IN THE EVENT THE CONTRACTOR, LABORERS OR MECHANICS TO BE EMPLOYED IN THE CLASSIFICATION OR THEIR REPRESENTA- TIVES, AND THE CONTRACTING OFFICER DO NOT AGREE ON THE PROPOSED CLASSIFICATION AND WAGE RATE (INCLUDING THE AMOUNT DESIGNATED FOR FRINGE BENEFITS, WHERE APPROPRIATE), THE CONTRACTING OFFICER SHALL REFER THE QUESTIONS INCLUDING THE VIEWS OF ALL INTERESTED PARTIES AND THE RECOMMENDATION OF THE CONTRACTING OFFICER, TO THE ADMINIS- TRATOR FOR DETERMINATION. THE ADMINISTRATOR, OR AN AUTHORIZED REPRESENTATIVE, WILL ISSUE A DETERMINATION WITHIN 30 DAYS OF RECEIPT AND SO ADVISE THE CONTRACTING OFFICER OR WILL NOTIFY THE CONTRACTING OFFICER WITHIN THE 30-DAY PERIOD THAT ADDITIONAL TIME IS NECESSARY, 4. THE WAGE. RATE (INCLUDING FRINGE BENEFITS WPIL'RE APPROPRIATE) DETERMINED PURSUANT TO 29 Page 28 ;f1 7 PROGRAM IS FINANCIALLY HAS BEEN ALLY RESPONSIBLE COMMUNICATED IN WRITING P , Af'FECTED TO D THAT BORE AND RECORDS RS OR PROGRAM ACTUAL COSTS INCUR WHICH SHOW T:iE EMPLOYING APPRENTIESD OR N TPROVIDINGHE COSTS ANTICIPATR MAN EDLCH ICS MAINTAIN WRITTEN RAINEES SUCH BENEFITS. OR THE P EVIDENCE OF UNDER APPR OVED CONTRACTORS RAMS AND CERTIFICATION OF TRAINEE THE EPROC~TION OF PROGRAMS SHALL ION OF THE ROGPRf'SCRIBEDNINCES AND TRAINEES, AND RAMS, THE REGISTRATION OF THE APPLICABLE PROGRAMS THE RATIOS AND WAGE RATES WEED IN WHICH)ANY • THE CONTRACTOR SHALL SUB TO UMTA IF UMTA ISCANTRHE ON MIT W A PARTY PARTY IS PERFORMED WEEKLY FOR EACH , THF, CONTRACTO TO THE CONTRACT, A COPY OF ALL PAYROLLS SPONSOR, OR OWNER R WILL SUBMIT' THE BUT IF UMTA IS TO TH THE PAYROLLS SUB , AS THE CASE MAY PAYROLLS NOT SUCH OF THE MITTED SHALL SET OUT BE, FOR TRANMISSION PPLICANT TNFORlKATION REQUIRED Tp ACCURATELY TO UMTA, R (3) (i)• THIS BE MAINTAINED AND COMPLETELY ALL DESIRED, OPTIONAL FOINFORMATION UNDER 29 C F. R. MAY BE PURCHASED F M WH"347 MAY BE SUBMITTED STUCK ROM THE SUPERINTENDENT IS AVAILABLE FOR THIS IN ANY FORM NO, 029`OOS-00014-1), U.S. PURPOSE AND WASHINGTON, D,C, 20402• OF ~CUMENT3 THE SUBMISSION OF THE PRIME GOVERNMENT PRINTING (FEDERAL COPIES OF CONTRACTOR IS RESPONSIBLE TFO' ~ F PAYROLLS By ALL SUBCONTRACTORS, R BY A "STATEMENT OF EACH PAYROLL CONTRAC']'OR OR COMPLIANCE SUBMITTED SHALL BE ACCO OF THE PERSONS HIS OR HER AGE ,u SIGN ED BY THE M~ASUB- NT EMPLOYED UNDERT WHO PAy,g O SUPERVISES OR FOLLOWING; THE CONTRACT R SUPERVISES THE PAY14EW AND SHALL CERTIFY TIT CONTAINS THE INFORMATION a, THAT THE PAYROLL FOR THE PAYROLL PERIOD § 5.5 (a) (3) REQUIRED TO BE MA COMPLETEM ; AND THAT SUCH ZNFOT~04ATTNED UNDER 29 IpN IS CORRECT AND CLUDTNG b. EACH HELPER THAT EACH LABORER OR CONTRACT DURING THE PAYRAPPRENTICE OLL PERIOD AND MECHANIC EARNED TRAINEE) EMPLOYED ON (IN- TNAT NO WITHOUT REBATE HAS BEEN PAID THE FULL WEEKLY WAGES DEDUCTIONS HAVE SEEN EITHER DIRECTLY OR INDIRECTLY, AND SET FORTH FOR E FULL WAGES EARNED, MADE EITHER DIRECTLY OR AT 29 C•F.R, PART 3; THAN PERMISSIBLE INDIRECTLY DEDUCTIONS AS PAID NOT LESS THAN C. THAT EACH 7 WASH EQUIVALENTS THE APPLICABLE WAGE LABORER OR MECHANIC SPECIFIED FOR THE CLASSIFICAT ONE OF AND FRINGE BENEHAS FITS OR HE CONTRACT, THE APPLICABLE WAGE T DETE WORK PERFORMED DETERMINATION , AS INCORPORATED INTO CERTIFICATION SET FORTH ON THE REVERSE SIDE OF THE WEEKLY SUBMISSION OF A PROPERLY EXECUTED SHALL SATISFY THE REQUIREMENT FOR SUBMISSION COMPLIANCE" REQUIRED By 29 C.F.R. OPTIONAL FOR4 OF THE "STATEMENT op FICATTONS 4' THE FAL;;IfiICATTON OF CRIMINAL PROSECUTION UNDER 18 U.S.C ANY OF THE ABOVE CERTI- MAY SUET THE CONTRACTOR OR SUBCONTRACTOR TO CIVIL OR (C) THE § 1002 AND 31 U,S.C, § 231, REQUIRED (IP UER 29 C F, R RECORDS CONTRACTOR OR SUBCONTRACTOR SHALL MAKE THE INSPECTION, COPYING, OR TRANS CR § 5.5(a) (3) IPTION BY AUTHORIZED REPRES (i) AVATI~+ABLE FOR ENTA IVES Page 30 p,,,,, 1,e .______z ~\I OF UMTA OR THE DEPARTMENT OF LABOR, AND SHALL PERMIT SUCH REPRE- SENTATIVES TO INTERVIEW EMPLOYEES DURING WORKING HOURS ON THE Jua. IF THE CONTRACTOR OR SUBCONTRACTOR FAILS TO SUBMI'T' THE REQUIRED RECORDS OR MAKE THEM AVAILABLE, UMTA MAY, AFTER WRITTEN NOTICE TO THE CONTRACTOR, SPONSOR, APPLICANT, OR OWNER, TAKE SUCH ACTION AS MAY BE NECESSARY TO CAUSE THE SUSPENSION OF ANY FURTHER PAYMENT, ADVANCE, OR GUARANTEE OF FUNDS. FURTHERMORE, FAILURE TO SUBMIT THE REQUIRED RECORDS UPON REQUEST OR MAKE SUCH RECORDS AVAILABLE MAY BE GROUNDS FOR DEBARMENT ACTION PURSUANT TO 29 C,F.R• 2. (4) hPPRENTICES AND TRAINEES. (a) APPRENIICES. APPRENTICES WILL BE PPRMITTED,,TO WORK AT LESS THAN THE PREDETERMINED RATE FOR THE WORK THEY PERFORMED.9Y/~X`0 WHEN THEY ARE EMPLOYED PURSUANT TO AND INDIVIDUALLY REGISTERED IN A BONA FIDE APPRENTICESHIP PROGRAM REGISTERED WITH THE U.S. DEPART- MENT OF LABOR, EMPLOYMENT AND TRAINING ADMINISTRATION, BUREAU OF APPRENTICESHIP AND TRAINING, OR WITH A STATE APPRENTICESHIP AGENCY RECOGNIZED BY THE BUREAU, OR IF A PERSON IS EMPLOYED IN HIS OR HER FIRST 90 DAYS OF PROBATIONARY EMPLOYMENT AS AN APPRENTICE IN SUCH AN APPRENTICESHIP PROGRAM, WHO IS NOT INDIVIDUALLY REGISTERED IN THE PROGRAM, BUT WHO HAS BEEN CERTIFIED BY THE BUREAU OF APPREN- TICESHIP AND TRAINING OR A STATE APPRENTICESHIP AGENCY (WHERE APPROPRIATE) TO BE ELIGIBLE FOR PROBATIONARY EMPLOYMENT AS AN I APPRENTICE. THE ALLOWABLE RATIO OF APPRENTICES TO JOURNEYMEN ON THE JOB SITE IN ANY CRAFT CLASSIFICATION SHALL NOT BE GREATER THAN THE RATIO PERMITTED TO THE CONTRACTOR AS TO THE ENTIRE WORK FOR4 UNDER THE REGISTERED PROGRAM. ANY WORKER LISTED ON A PAYROLL AT AN APPRENTICE WAGE RATE, WHO IS NOT REGISTERED OR OTHERWISE EMPLOYEb AS STATED ABOVE, SHALL BE PAID NOT LESS THAN THE APPLICABLE WAGE ON THE WAGE DETERMINATION FOR THE CLASSIFICATION OF WORK ACTUALLY PERFORMED. IN ADDITION, ANY APPRENTICE PERFORMING WORK ON THE JOB SITE IN EXCESS OF THE RATIO PERMITTED UNDER THE REGISTERED PROGRAM SHALL BE PAID NOT LESS THAN THE APPLICABLE WAGE RATE ON THE WAGE DETERMINATION FOR THE WORK ACTUALLY PERFORMED. WHERE A CONTRACTOR IS PERFORMING CONSTRUCTION ON A PROJECT IN A LOCALITY OTHER THAN i THAT IN WHICH ITS PROGRAM IS REGISTERED, THE RATIOS AND WAGE RATES 1 (EXPRESSED IN PERCENTAGES OF THE JOURNEYMAN'S HOURLY RATE) SPECI- I1 FIED IN THE CONTRACTOR'S OR SUBCONTRACTOR'S REGISTERED PROGRA:-i { SHALL BE OBSERVED. EVERY APPRENTICE MUST BE PAID AT NOT LESS THAN THE RATE SPECIFIE7 IN THE REGISTERED PROGRAM FOR THE APPRENTICE'S LEVEL OF PROGRESS, EXPRESSED AS A PERCENTAGE OF THE JOURNEYMAN J HOURLY RATE SPECIFIED IN THE APPLICABLE WAGE DETERMINATION. APPRENTICES SHALL BE PAID FRINGE BENEFITS IN ACCORDANCE WITH THE PROVISIONS OF THE APPRENTICESHIP PROGRAM. IF THE APPRENTICESHIP PROGRAM DOES NOT SPECIFY FRINGE BENEFITS, APPRENTICES MUST BE PAID THE FULL AMOUNT OF FRINGE BENEFITS LISTED ON THE WAGE DETERMINATION FOR THE APPLICABLE CLASSIFICATION. If' THE ADMINISTRATOR DETERMINES THAT A DIFFERENT PRACTICE PF~EVAILS FOR THE APPLICABLE APPRENTICE CLASSIFICATION, FRINGE BENEFITS SHALL BE PAID IN ACCORDANCE WITH THAT DETERMINATION. IN THE EVENT THE BUREAU OF APPRENTICESHIP AND TRAINING, OR A STATE APPRENTICESHIP AGENCY RECOGNIZED BY THE BUREAU, WITHDRAWS APPROVAI. OF AN APPRENTICESHIP PROGRAM, THE CONTRACTOR WILL NO LONGER BE PERMITTED TO UTILIZE APPRENTICES AT LESS THAN THE APPLICABLE PREDETERMINED RATE FOR THE WORK PERFORMED UNTIL AN ACCEPTABLE PROGRAM IS APPROVED. (b) T'RAINEEu,. EXCEPT AS PROVIDED IN 29 C.F.R. 9 5.16, TRAINEES WILL NOT BE PERMITTED TO WORK AT LESS THAN THE PREDETER- MINED RATE FOR THE WORK PERFORMED UNLESS THEY ARE EMPLOYED PURSUANT TO AND INDIVIDUALLY REGISTERED IN A PROGRAM WHICH HAS RECEIVED Page 31 1 . PRIOR APPROVAL, EVIDrNCED BY FORMAL CERTIFICATION BY THE U. S. DEPARTMENT OF LABOR, EMPLOYMENT AND TRAINING ADMINISTRATION. THE RATIO OF TRAINEES TO JOURNEYMEN ON THE JOB SITE SHALL NOT JZ GREATER THAN PERMITTED UNDER THE PLAN APPROVED BY THE EMPLOYMENT AND TRAINING ADMINISTRATION. EVERY TRAINEE MUST BE PAID AT NOT LESS THAN THE RATE SPECIFIED IN THE APPROVED PROGRAM FOR THE TRAINEE'S LEVEL OF PROGRESS, EXPRESSED AS A PERCENTAGE OF THE JOURNEYMAN HOURLY RATE SPECIFIED IN THE APPLICABLE WAGE DETERMINA- TION. TRAINEES SHALL BE PAID FRINGE BENEFITS IN ACCORDANCE WITH THE PROVISIONS OF THE TRAINEE PROGRAM, IF THE TRAINEE PROGRAM DOES NOT MENTION FRINGE BENEFITS, TRAINEES SHALL BE PAID THE FULL AMOUNT OF FRINGE BENEFITS LISTED ON THE WAGE DETERMINATION UNLESS THE ADMINISTRATOR OF THE WAGE AND HOUR DIVISION DETERMINES THAT THERE IS API APPRENTICESHIP PROGRAM ASSOCIATED WITH THE CORRESPONDING JOURNEYMAN WAGE RATE ON THE WAGE DETERMINATION, THAT PROVIDES FOR LESS 'THAN FULL FRINGE BENEFITS FOR APPRENTICES. ANY EMPLOYEE LISTED ON THE PAYROLL AT A TRAINEE RATE WHO IS NOT REGISTERED AND PARTICIPATING IN A TRAINING PLAN APPROVED BY THE EMPLOYMENT AND TRAINING ADMINISTRATION SHALL BE PAID NOT LESS THAN THE. APPLICABLE WAGE RATE ON THE WAGE DETERMINATION FOR THE CLASSIFICATION OF WORK ACTUALLY PERFORMED. IN ADDITION, ANY TRAINEE PERFORMING WORK ON THE JOB SITE IN EXCESS OF THE RATIO PERMITTF^ UNDER THE REGISTERED PROGRAM SHALL BE PAID NOT LESS THAN THE AP:"ICABLE WAGE RATE ON THE WAGE DETERMINATION FOR THE WORK ACTUALLY. i~ERFORMED. IN THE EVENT THE EMPLOYMENT AND TRAINING ADMINISTRATION WITHDRAWS APPROVAL OF A TRAINING PROGRAM, THE CONTRACTOR WILL NO ANGER BE PERMITTED TO UTILIZE TRAINEES AT LESS THAN THE APPLICAILE PREDETERMINED RATE Fof THE WORK PERFORMED UNTIL AN ACCEPTABLE PROGRAM IS APPROVED. 1 EQUAL EMPLOYMENTT EPPORTUNIT THE UTILIZATION OF APPRENTICES, TRAINEES, AND JOURNEYMEN UNDER 29 C.F.R. PART 5 SHALL BE IN CONFORMITY WITH THE EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS OF EXECUTIVE ORDER 11246, AS AMENDED, AND 29 C.F.R. PART 30. I (5) COMPLIALCE WITH CO PE LAND ACT REQUIRElmE1I THE CON- TRACTOR SHALL COMPLY WITH THE REQUIREMENTS OF 29 C.F.R. PART 31 WHICH ARE INCORPORATED HEREIN BY REFERENCE. (6) FONTt~AC T IN?~~I?L DE@AMENT. A BREACH OF THE CON- TRACT CLAUSES IN 29 C.F.R. § 5,5 MAY BE GROUNDS FOR TERMINATION OF THE CONTRACT, AND FOR DEBARMENT AS A CONTRACTOR AND A SUBCONTRACTOR AS PI:OVIDED IN 29 C.F.R. § 5.12. I (7) COMPLI&NCE WITH DAVIS-BACON AND RELATED ACT REQUIRE ENT9. ALL RULINGS AND INTERPRETATIONS OF THE DAVI.S-BACON AND RELATED ACTS CONTAINED IN 29 C.F.R. PARTS 1, 3, AND 5 ARE INCORPORATED HEREIN BY REFERENCE. (8) DISPUTES CONCEF~IING I&BOR STANDAF{DS~. DISPUTES ARISING OUT OF THE LABOR STANDARDS PROVISIONS OF THIS CONTRACT SHALL NOT BE SUBJECT TO THE GENERAL DISPUTES CLAUSE OF THIS CONTRACT. SUCH DIS- PUTES SHALL BE RESOLVED IN ACCORDANCE WITH THE PROCEDURES OF THE DEPARTMENT OF LABOR SET FORTH IN 29 C.F.R. PARTS 51 6, AND 7. DIS- PUTES WITHIN THE MEANING OF THIS CLAUSE INCLUDE DISPUTES BETWEEN THE CONTRACTOR (OR ANY OF ITS ,SUIICONTRACTORS) AND THE CONTRACTING AGENCY, THE U. S, DEPARTMENT OF' LABOR, OR THE EMPLOYEES OR THEIR REPRESENTATIVES. (9) (a) CERTIFICATION OF ELIG BI T}(. BY ENTERING INTO THIS AGREEMENT OR A THIRD PARTY CONTRACT FINANCED UNDER THIS AGREEMENT, TILE CONTRACTOR CERTIFIES THAT NEITHER IT (NOR H NOR ~a•-DJ~f' Page 32~ I SHE) NOR ANY PERSON OR FIRM THAT HAS AN INTEREST IN THE CON- ' TRACTOR'S FIRM IS A PERSON OR FIRM INELIGIBLE. TO BE AWARDED GOVERNMENT CONTRACTS BY VIRTUE OF SEC'T'ION 3 (a) OF THE DAVIS-BACON ACT OR 29 C.F.R. § 5.12(a) (1). (b) NO PART OF THIS CONTRACT SHALL BE SUBCONTRACTED TO ANY PERSON OR FIRM INELIGIBLE FTHE OP, DAMS-BACON GOVERNMENT 2 CONTRACT C.RBY VIRTUE OF SECTION 3(a) ~i OF (1). p,r.,, / (c) THE PENALTY FOR MAKING FALSE STATJBMENTS _.re/ PRESCRIBED IN THE U.S. CRIMINAL CODE, 18 U.S.C. §j~001 (10) OVERTIME REQUIREMENTS. NO CONTRACTOR OR SUBCONTRACT l/ CONTRACTING FOR ANY PART OF THE CONTRACT WORK WHICH MAY REQUIRE OR INVOLVE THE EMPLOYMENT OF LABORERS OR MECHANICS SHALL REQUIRE OR PERMIT ANY SUCH LABORER OR MECHANIC IN ANY WORK WEEK IN WHICH HE OR SHE IS EMPLOYED ON SUCH WORK TO WORK IN EXCESS OF FORTY HOURS IN SUCH WORK WEEK UNLESS SUCH LABORER OR MECHANIC RECEIVES COMPENSA- TION AT A RATE NOT LESS THAN ONE AND ONE-HALF TIMES THE BASIC RATE OF PAY FOR ALL HOURS WORKED IN EXCESS OF FORTY HOURS IN SUCH WORK WEE t. (11) VIOTAT ON,L LIABILITY_ Fop UNPAID WAGES: LIOUIDATFtQ. I DAMAGES, IN THE EVENT OF ANY VIOLATION OF THE REQUIREMENTS OF 29 C.F.R. § 5.5(b) (1), THE CONTRACTOR AND ANY SUBCONTRACTq RESPONSIBLE THEREFOR SHALL BE LIABLE FOR THE UNPAID WAGES. IN ADDITION, SUCH CONTRACTOR AND SUBCONTRACTOR SHALL BE LIABLE TO T UNITED STATES (IN THE CASE OF WORK DONE UNDER CONTRACT FOR THE DISTRICT OF COLUMBIA OR A TERRITORY, TO SUCH DISTRICT OR TO SUCH TERRITORY) FOR LIQUIDATED DAMAGES. SUCH LIQUIDATED DAMAGES SHALL BE COMPUTED WITH RESPECT TO EACH INDIVIDUAL LABORER OR MECHANIC, INCLUDING WATCHMEN AND GUARDS, EMPLOYED IN VIOLATION OF 29 C.F.R. § 5.5(b) (1) IN THE SUM OF $10 FOR EACH CALENDAR DAY ON WHICH SUCH INDIVIDUAL WAS REQUIRED OR PERMITTED TO WORK IN F.i.::r"SS OF THE STANDARD WORK WEEK OF FORTY HOURS WITHOUT PAYMENT OF THE OVERTIME WAGES REQUIRED BY 29 C.F.R. § 5.5(b) (1). (12) W,.ITHUOLDING FOR_UNPI~ID WAGES AND LIQUIDATED DAMAGE UMTA OR THE AGENCY 814ALL UPON ITS OWN ACTION OR UPON WRITTEN REQUEST OF AN AUTHORIZED REPRESENTATIVE OF THE DEPARTMENT OF LABOR WITHHOLD OR CAUSE TO BE WITHHELD, FROM ANY MONEYS PAYABLE ON AC- COUNT OF WORK PERFORMED BY THE CONTRACTOR OR SUBCONTRACTOR UNDER ANY SUCH CONTRACT OR ANY OTHER FEDERAL CONTRACT WITH THE SAME PRIME CONTRACTOR, OR ANY OTHER FEDERAL!'(-ASSISTED CONTRACT SUBJECT TO THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT, WHICH IS HELD BY THE SAME PRIME CONTRACTOR, SUCH SUMS AS MAY BE DETERMINED TO BE NECES- SARY TO SATISFY ANY LIABILITIES OF SUCH CONTRACTOR OR SUBCONTRACTOR FOR UNPAID WAGES AND LIQUIDATED DAMAGES AS PROVIDED IN THE CLAUSE SET FORTH AT 29 C.F.R. § 5.5(b) (2). (13) SUBCON LA&C.TS . THE CON'T'RACTOR OR SUBCONTRACTOR SHALL INSERT IN ANY SUBCONTRACTS THE CLAUSES SET FORTH IN SUBSECTIONS 116.a. (1) THROUGH (12) OF PART I1 OF THIS AGREEMENT AND ALSO A CLAUSE REQUIRING THE SUBCONTRACTORS TO :INCLUDE THESE CLAUSES IN ANY TOWER TIER SUBCONTRACTS. THF. PRIME CONTRACTOR SHALL BE RESPONSIBLE FOR COMPLIANCE BY ANY SUBCONTRACTOR OR LOWER TIER SUBCONTRACTOR WITH a.(THE CLAUSES SET 12) OF PART II OF FORTH THT5 AGREEMENT. 116.a. (1) THROUGH 116 Page 33 1 u. 1i4V1~,4ju~:LlVL1 _UIILL'aC~L.S• eursuant to tote regulations :set forth at 29 C.F.R. Part 5, the following provisions shall be Incorporated in all federally-assisted non-construction contracts of $2,500 let by the Agency in carrying out the Project: NONCON 1RUCTIONCONTRA.^.JS_. THE REQUIREMENTS OF THE CLAUSES CONTAINED IN 29 C.F.R. § 5.5(b) OR SUBSECTIONS 116.a.(10) THROUGH 116.a.(13) OF PART II OF THIS AGREEMENT ARE APPLICABLE TO ANY CONTRACT SUBJECT TO THE OVERTIME PROVISIONS OF THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT AND NOT TO ANY OF THE OTHER STA'T'UTES CITED IN 29 C.F.R. § 5.1. THE CONTRACTOR OR SUBCONTRACTOR SHALT, MAINTAIN PAYROLLS AND BASIC PAYROLL RECORDS DURING THE COURSE OF THE WORK AND SHALL PRESERVE THEM FOR A PERIOD OF THREE YEARS FROM THE COMPLETION OF' THE CONTRACT FOR ALL LABORERS AND MECHANICS, INCLUDING GUARDS AND WATCHMEN, WORK.TNG ON THE CONTRACT. SUCH E AND RECORDS SHALL CONTAIN TH C NAAMECT CLASSIFICATIONS CHFiOURH ERATOSEE, SOCIAL SECURITY NUMBER, WAGES PAID, DAILY AND WEEKLY NUMBER OF HOURS WORKED, DEDUCTIONS WAGE MAI NTAI THDTS CLAND AUSECSHALL BE~MADEOAVAILABLEORBY TH CON RA TOR LOR USUB- CONTRACTOR FOR INSPECTION, COPYING, OR TRANSCRIPTION BY AUTHORIZED REPRESENTATIVES OF UMTA, DOT, OR THE DEPARTMENT OF LABOR, AND THE CONTRACTOR OR SUBCONTRACTOR WILL PERMIT SUCH REPRESENTATIVES TO INTERVIEW EMPLOYEES DURING WORKING HOURS ON THE JOB. C. Sta. t94a _,local Government Employees, The provisions of the ;I Fair Labor Standards Art, as amended by Pub. L. 99-150, Nov. 13, 1985, or as may be amended further, are applicable to state an* I local government employees that participate in the UMTA assistef + Project with the Recipient. Y. Fnvirorimental~ Res0urceyEneMy _~r~tection, and ConsPrva_ Lion Reaulrements, a. The National Environmental Policy Act of 1969, as amendeu, 42 C ' U.S.C. 4321 et se ; Section 14 U.S.C. the ppUrb§an§ Mass Transportation as amended, 49 ~ Act of 1964, 4 Council on Environmental Quality regulations, 40 C.F.R. Part 1500 l et se ; and the FHWA/UMTA regulation, "Environmental Impact and J_L f Related Procedures," 23 C.F.R. Part 77.1, as amended, are applicable to the Project. b, Compliance wit Env-1)onmentalStandards. The Agency shall r comply with the provisions of the Clean Air Act, as amended, 42 U.S.C. 1857 et se the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et se and implementing regulations, in the facilities that are involved in the Project for which Federal assistance is given. The Agency shall ensure that the facilities under ownership, lease or supervision, whether directly or under contract, that will be utilized in the accomplishment of the Project are not listed on the Environmental Protection Agency (EPA) List of Violating Facilities. Contracts, subcontracts, and subgrants of amounts in excess of $100,000 shall contain a pro- vision requiring compliance with all applicable standards, orders, or requirements issued pursuant to Federal statute or regulation. The Agency and any third party contractor thereof shall be responsible for reporting any violations to UMTA and to the EPA Assistant Administrator for Enforcement. In addition, the Re- cipient shall notify UMTA of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating ~s Page 34 j.. J the project is under cons'dera- S t).iat a facility to be utilized in listing by EPA, tion for equip ment shall be dquL re enc~ y I ution.imp. No facilities or ect utfl'ess -the- A~ y c. AiV --O" roved as a part of the Pro3 ~.~r will be) designed- Li/l constructed, or s that they are (isfactory assurance ution as provided in accordance. wit obtenqs u satipped to limit air poll+<Cont:rol of Air pollution cootroltaf. and obtains EPA regulations'ass" 40 C.F.R. Part 85; the f and New Motor Veh ollowi ng Du Cy ' Motor Vehicles Vehicles and MotfromehNewe Engine Vehicles and Light + ir Pollution ht-Duty of New Light-Duty Duty A eS; Test Procedures for Liq ne:~,40 C.F. 6R0.01 Part Engin ar+d Selective Enforcement .[)uty Eing ngi )n Trucks Trucks and Heavy „ qo C.F.R. Part x vehicles, Light-DUty rotor Vehicles, lementation and 'Fuel Economy of roved state Imp and X ly-app applicable federal 861 lan ion Control Meas all )other the Transportat uA :d accordance with app directives and (s) (in particular, appropriate UMTA P in accordance with applicable standards. owned land from a pa'rk, an s. No publicly a of national, R i t ! d, tae-9~--fib corldlife or' waterfowl. L~hegFederal, State, recreation area, as det or any land from an significance ermined by be used or local r State, srisdiction thereof, or local sig under 49 U.S•C 'rsik,t r ooric site cOflnational , 3State, s required if icance may ;al for the Project unless specific finding ist ji, ar.tment of Transportation. 103 are made by the DoQ The Agency shall assist the Government ~r1~~ § section 106 of the 'r:ationaesfB°tinn All . e s c Preset. with ical Q. { (tJMTA) Co comply Act involving historic and.ar preservation chaeolog ' bya rvatioOfficer oii the the State: Niste):ic Presen council on (1) Consulting in accordance with Advisojiistoric and ations, I+protection of extiea conduct of es e vat ul;~tions, to identify prop Historic Preservation 36 C.F'.R, Part 800, the National i in ltura l Properties, the Project, cu listed in eligible and resources that may tie affected '~X such Register for incl.usiof Historic places of the existence of any the Government (U~STA) and properties; and to avoid or (2) Complying with all such properties. Mitigate adverse effects up party contrac- The Agency and its third P O standards and policies relating to f Ene 11 - m 1 with mandatory in State energy tors shall comp Y that are contained energy efficiency in compliance with the Energy Policy and plans issued sec}, conservation Act, 47. U.&.G'. 44 6321 et Should the Effects. the Agency - Advers~nvirOnm?ntal_ urauant q cause +~dverse environments sucY£eE ects and the F;proposed }zall take aProjll recteasonable steps to minimize 1610, other applicable Part 771st The atut Agency shall to 49 U.S.C. app C.F.R. measures that may be procedures set forth in 23 mitigation documents undertake all environmental applicable environmental impact identified as commitments in „ environmental state- iYeQuirst by (such as environmental assessment°' statements of agreements, and osed by the Government ments, memoranda conditions imPmpa`t or a record of 49 U.S,C. 5 303) and with any as part of a fiJIM.ng of no significant Page 35 I that a facility to be utilized in the Project is under con tion for listin „s'dera- g by EPA. c. Air po .ution. No facilities or equipment shail be' acquired; constructed, or improved as a part of the Project unless .the-Aganclel,pl obtains satisfactory assurances that they are (or will be) designed and equipped to limit air pollution as provided in accordance with~S' the following EPA regulations: "Control of Air Pollution from Motor Vehicles and Motor Vehicle Engines," 40 C.F.R. Part 85; "Control of Air Pollution from New Motor Vehicles and New Motor Vehicle Engines; Test Procedures for Light-Duty Vehicles and Light-Duty Trucks and Selective Enforcement Auditing of New Light-Duty Vehicles, Light-Duty Trucks and Heavy-Duty Engines," 40 C.F.R. Part 86; and "Fuel Economy of Motor Vehicles," 40 C.F.R. Part 600; in accordance with applicable federally-approved State Implementation Plan(s) (in particular, the Transportation Control Measures); and in accordance with appropriate UMTA directives and all other applicable standards. d. Use of Public Lands. No publicly owned land from a park, recreation area, or wildlife or waterfowl refuge of national, ✓ State, or local significance as determined by the Federal, State, or local officials having jurisdiction thereof, or any land from an historic site of national, State, or local significance may be used for the Project unless specific findings required under 49 U.S.C. § 303 are made by tie Department of Transportation. e. Historic Preservat or. The Agency shall assist the Government (UMTA) to comply with section 106 of the N~.tional Historic, Preservation Act involving historic and archaeological preservation by: (1) consulting the State Historic Preservation officer on the conduct of investigations, in accordance with Advisory Council on Historic: Pre-,ervation regulations, "Protection of Historic and Cultural Properties," 36 C.F.R. Part 800, to identify properties and resources listed in or eligible for inclusion in the National Register of Historic Places that may be affected by the Project, and notifying the Government (UMTA) of the exi,gtence of any such properties; and (2) Complying with all Federal requirements to avoid or mitigate adverse effects upon such properties. f. Energy Conservation. The. Agency and its third party contrac- tors shall comply with mandatory standards and policies relating to energy efficiency that are contained in applicable State energy conservation plans issued in compliance with the Energy Policy and Conservation Act, 42 U.S.C. 6321 ,eat sea. g. Mitigation of Adverse Enyiron en al Effects. Should the proposed Project cause adverse environmental effects, the Agency shall take all reasonable steps to minimize such effects pursuant to 49 U.S.C, app. § 1610, other applicable statutes, and the procedures set forth in 23 C.F.R. Part 771. The Agency shall undertake all environmental mitigation measures that may be identified as commitments in applicable environmental documents (such as environmental assessments, environmental impact state- ments, memoranda of agreements, and statements required by 49 U.S.C. § 303) and with any conditions imposed by the Government as part of a finding of no significant impact or a record of Page 35 decision; all such mitigation measures are incorporated in and made part of this Agreement by reference. In the event that some or all mitigation measures are deferred, once such measures are agreed upon by the Government, City and the Agency, those mitigation methods subsequently determined will be incorporated into this Agreement. Such mitigation measures may not be modified or withdrawn without the express written approval of the Government. h. Use o _F!k Ash in cement and Concrete, In carrying out the Project, the Agency shall make all appropriate efforts to foster the use of fly ash, substantially in compliance with EPA regula- tions "Guideline for Federal Procurement of Cement and Concrete containing Fly Ash," 40 C.F.R. Part 249. Should the Agency make a determination that the use of fly ash is inappropriate in a particular procurement of cement or concrete, the Agency sha provide UMTA a written justification to support Z. Patent Rights. a. If any invention, improvement, or discovery of the Agency onJ9 any of its third party contractors 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 laws of the United States of America or any foreign country, the Agency shall immediately notify the Government (UMTA) and provide a dstailed report. The rights and responsibl.lities of the Agency third party contractors, the City and the Government with respe4 to such invention, improvement, or discovery will be determined 4 accordance with applicable Federal laws, regulations, policies, a any waiver thereof. j ' b. The requirements of Subsection 118,a. of Part II of this Agreement shall be included in all third party contracts of the Agency under this Project. AA. Rights in Data. a. The term "subject data" as used herein means recorded informa- tion, whether or not copyrighted, that is delivered or specified to . be delivered under this Agreement. The term includes graphic or pictorial delineations in media such as drawings or photographs; text in specifications or related performance or design-type document,; machine forms such as punched cards, magnetic tape, or computer memory printouts; and information retained in computer memory. Examples include, but are not limited to; computer software, engineering drawings and associated lists, specifica- tions, standards, process sheets, manuals, technical reports, catalog item identifications, and related i.nformatioA. The term does not tnolude financial reports, cost analyses, and similar information incidental to Project administration. b. The following restrictions apply to all subject: data first produced in the performance of this Agreement; (1) Except for _ts own internal use, the Agency may not publish or reproduce such data in whole or in part, or in any manner or form, nov may the Agency authorize others to do so without the written consent, of the City and the aovernment, uxtii such time as the Government may have either released or approved the release of such datK to the public; this restriction on Page 75 I I publ cation, however, does not. app1y to Agreements 1 a~ ' d institutions, with cads Govern) As authorized by 49 C.F.R, Part 18.34"'Ithe City- d the (UMTA) reserves a royalty-free, 6n .exclusive., and v irrevocable license to reproduce, publish or otherwise use, and t.o / authorize others to use, for Federal Government purposes: (a) Any work developed under a grant, cooperative agreement, sub-grant, sub-agreement, or third party contract, irrespective of whether or not a copyright has been obtained; and (b) Any rights of copyright to which a Agency, sub- recipient, or a third party contractor purchases ownership with Federal assistance. i (c) Agency understands and agrees that, in addition to the rights set forth in Subsection 119-b.(2) of Part II of this r` Agreement, UMTA may make available to any UMTA recipient, sub- grantee, sub-recipient, third party contractor, or thlrd party subcontractor, either r7MTA's license in the copyright to the "subject data" derived under this Agreement or a copy of the "subject data" first produced under this Agreement. d. The Agency shall indemnify, save and hold harmless the Government, its officers, agents, and employees acting within the scope of their official duties against any liability, includi costs and expenses, resulting from any willful or intention violation by the Agency of proprietary rights, copyrights, or rigt of privacy, arising out of the publication, translation, reproduc- tion, delivery, use, or disposition of any data furnished under this Agreement, e. Nothing contained in this clause shall imply a license to the City or Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the city or Government under any patent, f, Subsections 119, b., 119, c, a,c; 119, d. of Part II of this Agreement are not applicable to matc:~ial furnished to the Agency by the U. S. Government and incorporated in the work furnished under the Agreement; provided that such incorporated material is identified by the Agency at the time of delivery of such work. g. In the event that the Project, which is Lhe subject of this Agreement,,is not completed, for any reason whatsoever, all data developed finder that Project shall become subject data as defined in Subsection 119.a, of Part ii of this Agreement and shall be delivered as the Government may direct, h, The requirements of Subsections 119 a. through 119.g, of Part II of this Agreement shall. be included in all third party contracts of the Agency under this Project. BB, Priva { Should the Agency, or any or its third party contractors, sub- ofgrarecnteeso sub-recipients or their behalf f tho Federal overnment m thesPrivacy Acttof 1974, 5 U,S.C, § 552a (the Act), imposes information restrictions on the party administering the system of records. Page 37 I i 1 I publication, however, does not apply to Agreements with cade b` institutions. 04/ (2) As authorized by 49 C. F.R. Part 18.34; . Ch6' &it.y_.ahd--the y4/r 9'J Government (UMTA) reserves a royalty-free, non-exo.lusive_ and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes:; (a) Any work developed under a grant, cooperative agreement, sub-grant, sub-agreement, or third party contract, irrespective of whether or not a copyright has been obtained; and (b) Any rights of copyright to which a Agency, sub- recipient, or a third party contractor purchases ownership with Federal assistance. (c) Agency understands and agrees that, in addition to the rights set forth in Subsection 119.b.(2) of Part II of this Agreement, UMTA may make available to any UMTA recipient, sub- grantee, sub-recipient, third party contractor, or third party subcontractor, either UMTA's license in the copyright to the "subject data" derived tinder this Agreement or a copy of the "subject data" first produced under this Agreement. , d. The Agency shall, indemnify, save and hold harmless the Government, its officers, agents, and employees acting within the scope of their official duties against any liability, includi costs and expenses, resulting from any willful or intention violation by the Agency of proprietary rights, copyrights, or rig of privacy, arising out of the publication, translation, reproduc- tion, delivery, use, or disposition of any data furnished under this Agreement. I e. Nothing contained in this clause shall imply a license to the City or Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the City or Government under any patent. f. Subsections 13.9.b., 119.c. and 9,19.d. of Part II of this Agreement are not applicable to material furnished to the Agency by material under the UAgreement; provided incorporated that such i incorporated furnished the is identified by the Agency at thu times of delivery of such work. g. In the event that the Project, which is the subject of this Agreement,,is not completed, for any reason whatsoever, all data developed trader that Project shall become subject data as defined in Subsection 119.a. of Part II of this Agreement and shall be delivered as the Government may direct. h. The requirements of Subsections 119 a, through 119.8. of Part 11 of this Agreement shall be included in a'.1 third party contracts of the Agency under this Project. BB. ErjY_ac_Y_- Should the Agency, or any or its third party contractors, sub- grantees, sub-recipients or their employees administer any system of records on behalf of the Federal Government, the Privacy Act of 19740 5 U.S.C. § 552a (the Act), imposes information restrictions on the party administering the system of records. Pages 37 1 a. For purposes of the Privacy Act, when the Agreement involves the operation of a system of records on individuals to accomplish a Government function, the Agency and any third party contractors, sub-grantees, sub-recipients and their employees involved therein are considered to be Government employees with respect to the Government function. The requirements of the Act, including the civil and criminal penalties for violations of the Act, apply to those individuals involved. Failure to comply with the terms of the Act or Section 125 of Part II of this Agreement will make this Agreement subject to termination. D n b. As used In Section 125 of Part II of this Agreement (1) "operation of a system of records!! --means --per-~~~~ formance of any of the activities associated with maintaining the system of records on behalf of the Government including the collection, use and dissemination of records. (2) "Record" means any item, collection, or grouping of information about an individual that is maintained by the Agency on behalf of the Government including, but not limited to, his or her education, financial transactions, medical history, and criminal or employment history and that contains his or her name, or the identifying number, symbol, or other identifying particular assi.,ined to the individual, such as a finger or voice print or a photograph. , 3 (3) "Systen of records" on individuals means a group any records under the control of the Agency on behalf of t Government frog which information is retrieved by the name of the individual or by some identifying number, symbol or other identify- ing particular assigned to the individual. c. The Agency agrees: (1) To comply with the Privacy Act of 1974, 5 U.S.C. § 552a and regulations thereunder, when performance under the Project involves the design, development, or operation of any system of records on individuals to be operated by the Agency, its third party contractors, sub-grantees, sub-recipients, or their employees to accomplish a Government function; (2) To notify the Government when the Agency or any of its third party contractors, sub-grantees, sub-recipients, or their employees anticipates operating a system of records on behalf of the Government in order to implement the Project, if such system contains information about individuals retrievable by the indi- vidual's name or other identifier assigned to the individual. A system of records subject to the Act may not be used in the per- formance of this Agreement until the necessary and applicable approval and publication requirements have been met. The Recipi- ent, its third party contractors, sub-grantees, sub-recipients, and their employees agree to correct, maintain, disseminate, and use such records in accordance with the terms of the Act, and to comply with all applicable terms of the Act; (3) To include in every solicitation and in every third party contract, sub-grant, and sub-agreement when the performance of work under that proposed third party contract, sub-grant, or sub-agreement may involve the design, development, or operation of a system of records on individuals to be operated under that third Page 38 ~J ~LL 7 party contract, sub-grant, or sub-agreement to accomplish a Govern- ment function, a Privacy Act notification informing the third party contractor, sub-grantee, or sub-recipient that it will be required to design, develop, or operate a system of records on individuals to accomplish a Government function subj-':et to the Privacy Act of 1974, 5 U.S.C. § 552a, and Federal agency regulations, and that a violation of the Act may involve the imposition of criminal penalties; and (4) To include the text of subsections 125,c,(1) through 125.c.(4) of Part II of this Agreement, in all third party contracts, sub-grants, and sub-agreements under whPch work for this r which is menteor hichpmayoinvolve the design,Jadevelopment,ltor ooperation of such a system of records on behalf of the Governmentt,,%,0,0 Cc. P oh bition of Drugs` The Agency agrees to comply with the following re ulations:. UyTA--- re ulations "Control of Drug Use in Mass Transportation Opera-a,~ tions, 49 C.F.R. Part 653; Department of Transportation regula- tions, "Drug-Free Workplace Requirements (Grants)," 49 C.F.R. Part 291 Subpart F; and Department of Transportation regulations, "Procedures for Transportation Workplace Drug Testing Programs," 49 C.F.R. Part 40, DD, Agency shall obtain from its third party contractors sub-grantees, and sub-recipients certifications required Department of Transportation regulations, "Government-widb Debarment and Suspension (Nonprocurement)," 49 C.F.R. Part 29, and otherwise comply with the requirements of those regulations. BE, Agency acknowledges Oat if it makes a false, fictitious, or fraudulent claim, statement, submission, or certification to the ' Government in connection with this project, the Government reserves the right to pursue the procedures and impose on the Agency the penalties of 18 U.S.C. § 1001, 31 U.S.C. 231 and 3801 et sec,, and/or 49 U.S.C. app, § 1607(h), as may be deemed by the Government to be appropriate, The terms of Department of Transportation regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, are applicable to this Project. FF. a• Bic nus or gp ss off. The Agency warrants that it has not paid, and also agrees not to pay, any bonus or commission for the purpose of obtaining approval of its application for the financial assistance hereunder. b, State or Territuri@1 Law. Except to the extent that a Federal statute or regulation conflicts with state or territorial law, nothing in the Agreement shall require the Agency to observe or II enforce compliance with any provision thereof, perform any other act, or do any other thing in contravention of any applicable State or territorial law; however, if any of the provisions of the Agreement violate any applicable state or territorial law, or if compliance with the provisions of the Agreement would require the Agency to violate any applicable State territorial law, the Agency shall at once notify the Government (UMTA) in writing in order that appropriate arrangements mt.y be made by the Government and the Page 39 Agency to the end that the Agency ma with the Project. Y proceed as soon^ra~p;, „ ' Records The Recipient and an Por which it applies will, for each local sca pOrta'blon..o or..-.. July 1, 1978, pra£r__.form system of accounts andnre ords toethepextent Teystemeandethenunfform~l> Of the Urban Mass Transportation Act of app 1864 required by section 15 . § 16.11, effective for each local fi,als amended, 49 U.S.C. on or after July 1, 1978, and applicable regulations"ye°r end.in Accounts and Records and Reporting System n Uniform System of Part 630. set forth at 49 C.F.R. d. Severabflit If any provisJon of is invalid, the remainder of this Agreement thereby if such remainder would then a contishalnue °notOnfo PO held terms and requirements of applicable law. to the IN WITNESS WHEREOF, the parties do hereby tures and enter into this Agreement as of the affix their ].992. day of f signa- CITY OF DENTON, TEXAS BOF TLEHERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM; DEBRA D YOVITCH, CITY ATTORNEY BY: SERVICES PROGRAM FOR AGING NEEDS DIRECTOR ATTEST: BY: SECRETARY°- Page 40 j 7 -CITY CO-UNCIL oo°°°o~~F F~00 0 ~pppo~ { 41 ~0 po ~ c7 -p o o F ,.o OOQOO~ro ~ j ~ °~Op o ~~~QCO(1GtiU~" i ' I ~I r BIIIOLARY Or R88POWSZO proposed Budgeb 1992-93 1) Revised Major.Budget Issues Analysis i 2) 1]orth Texas poison control Center 3) Park and Recreation Dudget Reduction Alternativ, q) EconoMic Development contributions j 5) Cable Television i 1 I GENERALFUND 1992-93 PROPOSED BUDGET Revenues/Sources of Funds Expenditures/Use of Funds Included in Not Included included in Not Included Proposed/ in Proposed/ Proposed) In Proposed/ FNadrucgat tSSU@s (NQ d ulred? NQ. CrF1311 1~ 1) Fund ealance (Bring to 10%) $298,000 2) Revenues A. Property Taxes; 1. Effective tax rate $59,166 (+$544,639 based on Certified Appralsal Roll) 2. Truth in Taxation - 3% +$394,519 3. Additional $0.01 Increase +$183,500 B. Sales Tax: 1. 4% growth projected $216,000 2. Additional 1 % increase +$54,000 C. Utility Sales Tax: (Repeal Exemption) +$198,165 D. Health Inspection Fees +$9,140 1. Each Additional $10 fee Increment +$2,820 E. Storm Dralrlage Utility (fabled) 3) Pay Plan Adjustments; A. Full Implementation - Mercer +$938,837 B. Implement Mercer Y % ($19,746 saved for each month delayed) +$236,951 ' C. Implement Mercer 2.6% ($36,094 saved fex each nionlh delayed) +$433,131 D. Implement Mercer 3.4% ($48,876 saved for each month delayed) +5586,631 E. 1 % across the board ($16,836 saved for each month delayed) +$202,036 j F. Implement Mercer 2% ($31,111 saved for each month delayed) +$333,237 11 ) O. CL 4) Benefits Adjustment: A. 16% Health Insurance Increase $100,000 ) =i B. TMRS (1/2 of 1% Increase) $108,500 5) Pusitlon Reduction: , 91 A. Emergency Mgmt Coordinator $3,617 B. Engineering Tech II $32,058 C. Adult Athletics Supervisor $22,90(` D. Fire Staffing - 557,809 x$116,384)-- -1- wood GENERAL FUND 1992-93 PROPOSED BUDGET I RevenuesJSources of Funds Included in Expenditures/Use of Funds Not Included Included In Not Included Proposed/ in P!oposedj 1su " ?Y No Proposed/ in Proposed/ AtJ R1 o 6) Service Reduction, A. Eliminate Extra Mailing of Delinquent Tax Notices B. Eliminate Tree Trimming $1,319 Program C. Reduce Police Budget- $10,000 various items D. Reduce Library Budget - $47,572 various items E. Reduce Quality 8 Quanity $18,860 of Budget Document F, Animal Control (5-8 p.m.) $2,000 $5,300 7) Agency Contributions A. Reduce Human Services Funding $1,156 8) Reduce Transponation Funding $560 9) County Funding fur Library -$12,806 r' 10) Split Tax Payments -$20,000 11) Over 65 Tax Exemption $17,026 12) Cable Television Funding ` (Included in Community Services Admin Budget) (~1 `2 13) Swimming Pool Improvement Phase II A. Full Cost 8, Issue Debt +5309,000 +$46,000 I I I I -.0001~ GENERALFUND 1992-93 PROPOSED BUDGET Revenues/Sources of Funds Expendilures/Use of Funds Included In Not Included Included in Not Included ;y Proposedl in Proposed/ Proposed) In Proposed! 14) Public Safety Officer Staffing $8,472 15) Fire Reserve Fund $137,000 16) Mowing: A. Additional Crew +$41,761 B, Cutback Mowing - Other areas NIA C. 30 Acres N. Lakes - 6 times Yriy +$2,160 D. 30 Acres N. Lakes - 3 times Yrly +$1,080 17) Library Automailon: A. Purchase System +$315,245 A. Lease/Purchase(5 yrLease) +$63,049 18) Street Improvements r _s P_ 11 !i Ilk UTILITY FUNDS 1992-93 PROPOSED BUDGET Revenues/Sources of Funds ExpendkurWUse of Funds ~ Included in Not Included Included in Not Included Proposed/ in Proposed/ Proposed) in Proposed) t'N Cttar►pe~ Ad ; R uI~ ~ ~A' i ANaf~ucf~at Issues 4~ Recycling $1 6,500 A, House-hold Haz Waste B, Palnt Swap Program $9,575 C. Waste Minimization & Recycling Public EducatiordAdvertising Program $6,000 D. Clty-Wide Curbside Recycling Progr ($1.25W WVCustomer) $219,850 +$219,850 , E. Voluntary Recycling Program ($3,251Month/Customer) $117,000 +$117,000 Electric 5.0% Rate Reduction Net Reduction of 5 Positions Water 6.0% Rate Increase Net Increase of 1 Position i Wastewater 10% Rate increase No New Positions Sanitation 3.5% Rate Increase No New Positions-But Upgrade Existing parttime and Tem ra Positions x a po ry r~ Transfer 1 position to Motor Pool Fund I iV ,V M p, SV 1 VVV Q t UTILITY FUNDS 1992-93 PROPOSED BUDGET Revenues/Sources of Funds Expendftures/Use of Funds Included In Not Included Included in Not Included Proposed/ In Proposed/ Proposed! in Proposed Recycling A. House-hold Haz Waste $16,500 B. Paint Swap Program $9,576 C. Waste Minimization & Recycling Public EducationJAdvertising Program 56,000 D. City-Wide Curbslde RYlcyding Progr (31.2MIonth/Customer) $219,850 +$'019,850 E. Voluntary Recycling Program (S3.2511VIonth/Customer) $117,000 +$117,000 Electric 5.0% Rate Reduction Net Reduction of 5 Positions Water 6.0% Rate Increase Net Increase of 1 Position Wastewater 10% Rate Increase Ho New Positions Sanitation 3.5% Rate Increase No Now Positlons-But Upgrade Existing Flarttime and Temporary Positions 't'ransfer 1 position to Molor Pool Fund m m <n , LY A f1 C:1 1.LJ <o Q I 1 U oa 1 V i i tt CITY of DENTON, TEXAS MUNICIPAL BUILDING / 215 E, McKINNEY / DENTON, TEXAS 76201 MEMORANDUM DATE: September 3, 1992 TO: Lloyd V. Harreli, City Manager 4 FROM. John F. McGrane, Executive Director of Finance SUBJECT: NORTH TEXAS POISON CONTROL CENTER Pursuant to your request, I have surveyed various entities on their intentions of contributing to Parkland Hospital's North Texas Poison Control Center. The following is a summary of responses. • The City of L*Wieville has denied the request by the Center for a contribution. In talking with the City Secretary, the council's decision was based on their philosophy that the contribution should come from their area hospitals. It is my understanding that the HCA Hospital in Lewisville is contributing $5,000 to the center. • Denton County has authorized a contribution of $5,000 to the Center and they are sending a letter to the various cities and hospitals recommending that each consider a contribution. • Denton Regional Medical Center is not going to contribute to the Center. They feel they have adequate information in their computeriz,d system in order to handle poisoning cases t -At may arise. • HCA Denton is not going to make a contribution to the Center. In talking with the Assistant Administrator, they hove indicated that they use an 800 number for the Poison Control Center in Galveston and they feel that serves their needs adequately. They have also indicated that the North Texas Poison Control Center is giving them an option to either contribute $10,000 or pay i i 817/566 3200 D/FW METRO 434.2523 ,'1 1 M 00 The Assistant call to the center- if they had 0 per indicated that, even 't be Parkland Facility, it he Administrator to use the to go on a per call basis. er for them same amount of money cheap that for the their system also indicated computerize into system. it is possible to control inf i ormation available a tans poisoning did feel the physc however , they type of circumstances to help consult in those through Galveston. could still be utilized Texas Poison control H ospital North with parkland with Mary chur- hill fromh he ' is Center. to to as indicated that if she has October 1, sufficis `t Center, that af3 for servicing intention 10 offset the, cost OY available contributions residents ar'a not made to either l~ Denton county to disContinue. servicresidents. they will have indiv~.dual City county residents or 1 our g-1-1 1 through Parkland Hospital, a for referral, is discontinuedi3ize an alternate sourc- os italg the If service to discuss with the local h p . i dispatcher would n able it may be possible to utilze the 1. have not been However, ability for referral. center. or have any further Galveston need any additional information, If you advise. questionft please dpMcG:af AFFo0388 l S 1 n ` DENTON, TEXAS 76201 CITY of DENTDk TEXAS MUNICIPAL 8U1LD1NG 215 E. McK1NNEY MEMORANDUM TO: BETTY MCKEAN, EXECUTIVE DIRECTOR MUNICIPAL SERVICE/ECONOMIC DEVELOPMENT FROM: ALICIA MENTELL, SUPERINTENDENT OF LEISURE SERVICES DATE: SEPTEMBER 3, 1992 SUBJECT: BUDGET REDUCTION ALTERNATIVE eliminating delivery if was reducedain lieuprogram follows: ELIMINATE THERAPEUTIC RECREATION SUMMER CAMPS (June, July & August - for 11 weeks) y2,671.41 Camp Coordinator 1,234.09 Camp Leader 600.00 Recreation Supplies b,406.50 TOTAL HOURS OF OPERATION AT POOL ;1,586.83 Eliminate 30 Pre-Season Hours May 29 - June 2, 1993 7;OOpm) (Monday - Thursday from 4:00pm - (Friday - Sunday from 12:00 noon - 8:00pm) 2,905.28 Eliminate 70 Post Season Hours August 13 - September 6, 1993 7,OOpm) (Monday - Thursday from 4:00pm - (Friday Sunday from 12,00 noon - 8:00pm) 3,353.68 Reduce Weekly Schedule by one hour daily 1 for 11 weeks from June 3 - August 22, 1993 (Monday - Sunday from 12:00 noon - 1:00pm) 7,846.79 TOTAL-------------- ELIMINATE FRED MOORE SUMMER PLAYGROUND PROGRAM (June & July - for 8 weeks) ;1,214 20 Playground Coordinator 2,243 80 Playground Leader Recreation Supplies 500.00 TOTAL _____________0 39968.00 REDUCE HOURS OF OPERATION AT CENTERS §6,119.35 Reduce Building Attendants at Denia, North Lakes, and MLK on Saturdays from 9:30am to 3:30pm which eliminates 6 hours weekly at each site 8171566.8200 DIFW METRO 434.2529 { I PAGE 2 BUDGET REDUCTIONS SEPTEMBER 3, 1992 Reduce Building Attendants at 2,271.36 Senior Center on Mondays a Wednesdays from 5:00pm to 9:00pm vi-lich eliminates 8 hours weekly. TOTAL ! 7,390.71 GRAND TOTAL $23,600.00 Our recommendation is to go forward with the proposed budget reduction. We feel that it would have the least impact on overall program delivery as there are viable alternatives for continuing the service through other options. r~ However, should Council choose to cut the temporary/seasonal funding, the groups primarily impacted would be the youth, low income, and special populations. Please let me know If I can provide you with further information. Alicia A. Msntell Superintnndant of Leisure Services Parks and Recreation Department AM/ing AJJ004F6 yi tyy4 7 e _ n CITY of DENTON, TEXAS MUNICIPAL BUILDING / 215 E. McKINNEY / DENTON, TEXAS 76201 MEMORANDUM DATE: September 3, 1992 TO: Lloyd V. Harrell, City Manager FROM: John F. McGrane, Executive Director of Finance SUBJECT: ECONOMIC DEVELOPMENT CONTRIBUTIONS WADE BY THE UTILITY + FUND I I You mentioned that you had been approached by some Councilmembers requesting information on the budgeted utility funds for Economic Development. In 1992•-93, the Utility Department has budgeted an additional $20,000 for Economic Development contributions. currently the City contributes $54,200 to the Denton Chamber of Commerce's Economic Development Department. I have attached a copy of the Denton Chamber of Commerce's Statement of. Cash Receipts and Disbursements for the month ended June 30, 1992. The statement shows the annual contributions by the private nectar., the city of Denton, and interest income; it also shows the disbursements both on an annual basis and through the nine month period. If the City's contribution were to remain at. the $54,200 to the Chamber, it would free up an additional $20,000 that could be used on various other economic development activities. If you have any questions regarding this matter, please advise. JFMCG:af Attachment AFF00389 8171566.8200 D/FW METRO 434.2529 own, 7 DENTON CHAMBER OF COMMERCE r, ...t~ ECONOMIC DEVELOPMENT 9a _.r ; XPORTME ATEMgNR+ OF CASH RECEIPTS A DIS NINE MONTHS ENDE JUNE 3 q~S 'S f UNAUDITED 0 0 1992 CURRENT CURRENT ` ACTIVITY BUDGET TODATE TO DATE =ash - Beginning BALANCE BUDGET ANNUAL $163,381,00 BUDGET rw-rrr-r..r- $150,150.12 RECEIPTS: Private Sector 2ity of Denton 3,828.16 141800.00 42,p84.97 Interest Income 'p" 301000.00 72 40 168,72 54,173.00 54,200.00 ,200.00 TOTAL RECEIPTS -0 - rX, 356.04 54 ..r 000000 re.--w-- rw- - a, 31111-88 96,614.01 126,600.00 152 DISBURSEMENTS: 00 0- DISBURSEMENTS: - - _1755.00 Salaries Payroll Taxes 51512.50 50910.00 Insurance 461.25 515.00 48'825'00 52,965.00 Benefits 389.88 4,225093 70,695.00 Auto Exxpp 166.67 900.00 4,053.47 40615,00 60160.00 Membershins e 516.67 900.00 900 p /Prof. Dev. .25 500.00 3,500.03 6,650.00 .00 relephone 65.00 41544.26 4,450.oo 80200.00 Postage 130.20 -0` 1,899,75 11680.00 60000.00 Office supplies 400,00 1,177.45 20400.00 Audit . Q_ 300.00 523.66 30600.00 4,800.00 Liab.ilit 200.00 1,204. 2,700.00 30600,00 y Insurance `0` -0- 8o 10800.00 Travel & Marketing -0- `0- 000 900.00 20400.00 Prosp Proposals/Rel.,, -0- 80 0000.00 •40 900.00 Factbooks/promo. 46.24 2 4 048.05 g r0- 0 Site mat. 446.89 700•00 20053.24 0500,00 12,500.00 Cene/ utoriSg Inv Data 11000.00 31104.32 60300.00 81400.00 Capital E mall Bus. 0- 3~JO.OQ 71.67 90000.00 12,000.00 xpense -p._ -0- 6,032.50 20700.00 30600.00 TOTAL DISKURS 100.00 623.00 X0000,00 9,000.00 ES --ra0140. r--- 10100.00 11200.00 88 13,341.67 ®7052w7.1) ` -wr-- - EXCESS --rwr 1160860.00 152,755.00 OF RECEIPTS/-~-- (DISBURSEMENTS) " (4,144.00) 31,458.33 90086.88 91740.00 Cash r-„ Eriding $159,237.00 _-------0- ..oftw==Wft,4A $1590237.0o Petty Cash Cash in Bank $ 50.00 $ 50.00 Corp. Relocation Fund 100,000.00 59,287,00 200,000.00 TOTAL, CASH $159,237,00 .......,..t~.a $159,237.0o SEE ACCOUNTANTSt COMPILATION REPORT PAGE 5 ~LL 9 lplO olrY of "NTON, "XAS MUNICIPAL BUILDING / 215 E. MCKINNEY / DENTON, TEXAS 76201 M E M 0 R A N D U M 'ISO: Lloyd Harrell, City Manager FROM: Sill Angelo, Director of Community Services DATE: September 3, 1992 SUBJECT: INFORMATION ON BUDGE'T' PROPOSALS FOR COUNCIL BROADCASTS AND CITY CHANNEL OPERATION As included in the 1992-93 proposed budget, the City cable channel items involve two separate and distinct programs. The first program is the Broadcast of City council meetings and the second involves the Operation of the City Channel, Each of these proposed programs includes the basic expenses for supplies, salaries and equipment pertaining to the individual program. That is, there is no duplication of equipment among the programs. While each program was developed to function independently of the other, the resources of one would obviously enhance the other program. For example, the camera equipment included in the Channel Operation would allow for a two-camera shoot of Council meetings providing the viewing audience a look at speakers at the podium and material displayed on the overhead projector screen. This second camera would also provide a back up for the primary camera should it malfunction. in spite of this support role, the Channel Operation Camera's drimary use would stem from its availability to 1 all City Departments for taping and broadcasting a variety of subjects. I have also included with this memorandum the following Information which you might find hell-`ul. The City's 1988 Franchise Agreement with Sammons requires Sammc'1S to provide the City with a -able channel over which the City may broadcast municipal programming of its c'ioosing. The Franchise Agreement also requires Sammons to grant to the City $60,000 to be used by the city to purchase broadcast equipment to be used by the channel, The City has airGFdy received this $60,000 from Sammons and is holding these funds in a restricted account. 1 1 8171566.8200 D/FW METRO 434.1&°7;l I4 I t INFORMATION September 3, 1992 Page 2 The C+.Ly,s channel can accommodate a variety of programming including but not limited to the following: * City Council Meetings (live and taped) * Bulletin Board Information Hours Of operation Refuse bag di::tribution places and times city Council and Advisory Board Agendas Holiday schf dines Street closings Public notices Emergency notices (You may currently view such a Bulletin Board on Channels 20 (UNT) and 25 (TV 25) * Taped Presentations, both purchased and locally produced Fire and crime prevention Enorgy conservation Recreation facilities and programs Beautification In-house personnel trainin5 and information (scrambled at City request) (1)492C CITY COUNCIL MEETING BROADCASTS EQUIPMENT; * Camcorder and Lens $9,522 Primary Camera Unit. I * Tripod and Dolly $1,977 To support Camera unit and provide moFi]ity. * Lighting Kit - $1,420 Provides telescoping-type lamp holders for placement in Council Chambers. * Lighting Lamps - $440 For installation in lighting kits for Council Chamber illumination. * Cables - $150 Connects the modulator, cameras, and switching device. * Character Generator $4,595 Allows for the placement of alpha-numeric characters (such as the Council members names) on screen so they can be seen by viewers. Also serves as a switching device between cameras, and allows additional video inputs. * Monitors - $900 Two Hw monitors will be necessary so that the Director can see what each camera is seeing. A color monitor is necessary so the Director can see the actual picture that is going out over the air, * Headsets - $800 worn by the Director and Cameraman (with one backup unit) so they can communicate during broadcasts. PROGRAM DESCRIPTION: The broadcasts will be carried on the City channel live and supplemented by at least one rebroadcast of each meeting. Interns will be recruited from LINT to operate camera and related equipment. (I)492C h l i CITY COUAICIL MEETING BROADCASTS E,QUIPMENT: * Camcorder and Lens $9,522 Primary Camera Unit;, * Tripod and Dolly - $1,977 To support Camera unit and provide mobility. * laighting Kit $1,420 Provides telescoping type lamp holders for placement in Council Chambers. r~ * Lighting Latnps $440 I'or installation in lighting kits for Council Chamber illumination. * Cables - $150 Connects the modulator, cameras, and switching device. * Character Generator - $4,595 Allows for the placement of alphanumeric characters (such as the council members names) on screen so they can be seen by viewers. Also serves as a switching device between cameras, and allows additional video inputs. * Monitors - $900 Two Bw monitors will be necessary so that the Director can sce what each camera is seeing, A color monitor is necessary so the Director can see the actual picture that, is going out over the air. * headsets - $800 Worn by the Director and Cameraman (with one backup unit) so they can communicate during broadcasts. PROGRAM DESCRIPTION: The broadcasts will be carried on the City channel live and equipment, will supplemented be recruited tfroleast one m UNT to operate camera andhrelated meeting, (I) 492C s r CITY CHANNEL OPERATION EQUIPMENT: * Camcorder and bens $9,522 Mobile/Backup unit. * Tripod and Dolly $1,197 Supports mobile unit. * Lighting Kit $1,420 supports mobile unit and serves as backup. * Lighting Lamps - $440 Replacements for primary units. i * Text Scanner - $5,200 Provides text input for the Bulletin Board. This unit is completely different from the character generator and serves another purpose entirely. * Cables - $150 Connects l device,andser modulator, s as backup for primarily cables. I PROGRAM DESCRIPTIOld: The channel will be shared with DISD and will carry City Council Meeting broadcasts as well as a City Bulletin Board, and taped presentations on City Departments and operations, and a variety of Municipal topics. (i) 492C