1998-234AN ORDINANCE AUTHORIZING THE CITY MANAGER TO MAKE AN APPLICATION
WITH AND THEN TO EXECUTE A PUBLIC TRANSPORTATION AGREEMENT AND
SUBSEQUENT AMENDMENTS WITH THE TEXAS DEPARTMENT OF
TRANSPORTATION FOR FUNDING PUBLIC TRANSPORTATION, AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the Umt~d States Secretary of Transportation is authorized to award grants for a
mass transpoaatton program ofpro, lects and budget, and
WHEREAS, the State of Texas ts authorized under TEX TRANS CODE ch 455, to assist
the Ctty m procunng federal md for the purpose of estabhshtng and ma~nta~mng pubhc and mass
transportation projects, and
WHEREAS, the C~ty of Denton desires to obtain pubhc transportation funds from the State
for the purpose of establishing and mamtammg pubhc and mass transportatton systems, NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the C~ty Manager ~s authorized to make an apphcatton wtth and then
execute a Pubhc Transportatton Contract, substanttally tn the form of the attached agreement whtch
~s made a part oftbas ordtnanee for all purposes, and subsequent amendments, on behalf of the C~ty
of Denton, Texas, wtth the Texas Department of Transportation to md tn the financing of pubhc
transportatton, and to execute any other eerttficattons or documents necessary to ~mplement the
Contract, The C~ty Manager, however, ~s not authorized to amend th~s contract by more than the
amount anthonzed by chapter 10 of the Code of Ordinances of the C~ty of Denton, Texas
SECTION II. That the Ctty Manager ts hereby authorized to make expenditures as may be
requtred, for the local share of any pubhe transportation costs which may be required under the
Contract
SECTION ~I That th~s ordinance shall become effecttve tmmedtately upon tts passage and
approval
PASSED AND APPROVED ttus the J____ day of~ 199
JA~(LLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBEKT L PROUTY, CITY ATTORNEY
F \sharod\deptXLOL\Our Dooument s\Or &nanoes~9 8~PUBLIC TRANSPORTATION ORD DOC
Page 2
RECIPIENT The City Of Denton
PUBLIC TRANSPORTATION (SECTION $307) GRANT AGREEMENT
GRANT AGREEMENT NO $1918F 1009
STATE PROJECT NO URE 9901 (l 8)
STATE URBAN PUBLIC TRANSPORTATION
GRANT AGREEMENT
THE STATE OF TEXAS §
THE COUNTY OF TRAVIS §
THIS GRANT AGREEMENT is made by and between the State of Texas, acting through the
Texas Department of Transportation, hereinafter called the "State," and The C~ty Of Denton,
here~naf[er called the "RECIPIENT"
WITNESSETH
WHEREAS, the Governor of the State of Texas has designated the Texas Department of
Transportatmn (State) to adrmmster a statevade Pubhe Transportatmn Grant Program, and to
prowde s~ate funds to match federal funds, and,
WHEREAS, Transportatton Code, Chapter 455, authorizes the State to assmt the Remp~ent m
procunng md for the purpose of estabhslung and mamtmmng pubhe and mass transportation
projects and to adm~mster funds appropriated for public transportatton under Transportatton
Code, Chapter 456, and,
WHEREAS, the Remp~ent has submitted an apphcatmn for financial assistance for a urban
public transportatmn project generally including tralmng, techmcal assistance, research, or
support serwces related to pubhc transportatmn m urbanized areas, and the State approved the
apphcatlon, and,
NOW, THEREFORE, m cons~deratmn of the premises and of the mutual covenants hereinafter
set forth, the State and the Ree~pient hereto agree as follows
AGREEMENT
ARTICLE 1 GRANT PERIOD
This Grant Agreement becomes effective on September 1, 1998 or when executed by the State's
Dtstnct Engineer, whichever ~s later, and shall terminate on August 31,1999 unless terminated
or otherwise modffied as hereinafter prowded
ARTICLE 2. PROJECT DESCRIPTION
The Remptent shall commence, carry out and complete a pubhc transportatton project described
tn Attachment A, Project Description, with all praetmable dmpatch, ~n a sound, econommal and
ARTICLE 3. COMPENSATION (cont.)
I, The Recipient will submit a final billing w,th~n forty-five (45) days of the complet,on or
term,nat,on of the Grant Agreement ,n accordance w,th Article 1, Grant Period
J The Recipient shall make payments promptly to all subcontractors and supphers Failure to do
so will be greunds for termmat,on of tins Grant Agreement by the State The State shall not be
responsible for the debts of the Ree,p,ent
ARTICLE 4. AMENDMENTS
Except as noted below, changes m the scope, object,yes, cost or durauon of the project
authorized hereto shall be enacted by written amendment approved by the parties hereto before
add,t,onal work may be performed or add,t,onal costs recurred Any amendment so approved
must be executed by both part, es within the grant period spec,fled m Art,cle 1, Grant Period
The Recxp,ent ,s authorized to re-budget without a formal amendment when the proposed
revision mvslves an mere,se ,n one category and a eorrespond,ng decrease m another, prov,ded
however, that anY such revls,on meets all of the following criteria
1 Does not result m the need for add~t,onal funds, and,
2 Does not exceed ten percent of the current total approved budget and the federal and state
funding exceeds $100,000, and,
3 Does not revolve a transfer of funds from an authorized capital eqmpment purchase to
another category, and
4 Does not revolve a transfer of funds from traamng to another expense category, and
5 Does not revolve a transfer of funds from construct,on to a non-construct,on category,
6 Does not revolve a transfer of funds from a d~rect to md,rect cost category
If a proposed revls,on meets all of the entena listed above, the Reclp,ent must not,fy the State m
wnt,ng before the revls,on ~s made, desenbmg the rev,sion, expla,mng the need, and cert,fymg
that ~t eomphes w,th the above entena
ARTICLE $ SUBCONTRACTS
The Rec,p,ent shall not enter into any subcontract w,th mdav,duals or organ,zatlons to prov,de
professional services without prior authonzat,on and consent to the subcontract by the State
Subcontracts in excess of $25,000 shall contain all reqmred prov,s,ons of tlus Grant Agreement
No subcontract will reheve the Rec,p,ent of,ts respons,bflaty under this Grant Agreement
The Rec,p~ent shall not enter into any agreement for the purchase of equ,pment w,thout prior
authonzat,on and consent to the purchase agreement by the State
ARTICLE 6. RETENTION OF RECORDS
A The Recipient agrees to maantmn all documents, reports, papers, accounting records, and
other ewdenee pertam,ng to costs recurred under this agreement (the Records) at its office dunng
the grant period and for four years from the date of final payment under the grant Such records
shall be made available dunng the spec, fled period for inspection by the State, the U S
ARTICLE 9. PROCUREMENT STANDARDS
Recipient procurement standards shall meet or exceed the reqmrements of the "Umfon'n
Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments" (49 CFR Part 18 36), ~ncludmg standards for competitive procurements, methods
of procurement, contracting with small and minority firms, women's business enterprise and
labor surplus area firms, contract cost and price, awarding agency review, ~nsurance and
bonding
The Remptant's procurement system must include but not be limited to the following
procurement standards
A Procurement procedures whmh reflect applicable state and local laws and regulations,
prowded that the procurements conform to applicable federal law and the standards identified ~n
this secUon
B A contract adm~mstrat~on system which ensures that subcontractors perform m accordance
with the terms, conditions, and specfficatlons of their contracts or purchase orders
C. A wnttan code of standards of conduct governing the performance of employees engaged m
the award and adm~mstrat~on of contracts No employee, officer, or agency of the Recipient shall
partm~pate m selection or m the award or adrmmstration ora contract supported by state or
federal funds if a conflict of interest, real or apparent, would be revolved
D. A process for review of proposed procurements to avoid purchase of unnecessary or
duphcat~ve items
E. Use of state and local intergovernmental agreements for procurement or use of common goods
and servmes to foster greater economy and effimency
F. Use of value engmeenng clauses in contracts for construction prolects
G Awards made only to responsible contractors possessing the ability to perform successfully
under the terms and condlt~ons of a proposed procurement, giving consideration to such matters
as Remp~ent integrity, comphance with public policy, record of past performance, and financial
and techmcal resources
H Records sufficient to detad the sigmficant lustory of a procurement, ~ncludmg'ratlonale for the
method of procurement, selection of contract type, Recipient select,on or rejection, and the bas~s
for the contract price
I Limited use of time-and-materials contracts
J Use of good admnnstratlve practme and sound bus~ness judgment to settle contractual and
administrative issues arising out of procurements
K Protest procedures to handle and resolve disputes relating to procurements and prompt
disclosure to the State of Information regardmg the protest
L Procurement transactions conducted in a manner that promdes full and open competition
5
ARTICLE 10. REAL PROPERTY MANAGEMENT
The Recipient will comply w~th management standards set forth ~n the "Uniform Admtmstrattve
Reqmrements for Grants and Cooperattve Agreements to State and Local Governments" (49
CFR Part 18 31) tn the aeqmsttlon, use, and dtsposttmn of real property acqmred under the
grant The State must concur m the award of all purchase orders for nonexpendable personal
property as defined m 49 CFR Part 18 31
ARTICLE 11. EQUIPMENT MANAGEMENT
A. The Reclp~ent will comply w~th State management standards and w~th management standards
spectfied m the "Umform Admtmstrattve Reqmrements for Grants and Cooperattve Agreements
to State and Local Governments" (49 CFR Part 18 32) ~n the control, use, and dlsposttton of
eqmpment acqmred under thru grant Management standards mclude
1 M/untam eqmpment records that include a description of the eqmpment, a serial number
or other ~dentfficaUon number, the source of eqmpment, who holds tttle, the acqmsttton
date and cost of the eqmpment, percentage of federal and state partmtpattun m the cost of
the eqmpmant, the loeatton, use and eondttton of the eqmpment, matntenance bastory for
each vebacle, and ulttmate chsposttmn data including the date of dtsposal and sale price
2 Conduct a physmal inventory of the eqmpment at least once every two years and
reconcile the tnventory wtth eqmpment records described ~n the precedtng paragraph
3 Develop a control system to ensure adequate safeguards to prevent loss, damage, or theft
of the eqmpment Any loss, damage, or theft shall be mvesttgated
4 Develop and follow procedures to keep the eqmpment mamtamed and m good conthtton
At a mtmmum, the R.emp~ent shall follow the vehicle matntenance schedule
recommended by the manufacturer, showtng the date the mmntenance was performed
Mmntenance records shall be promded to the State upon request
5 Request d~spos~tton instructions from the State, and ff anthortzed to sell the eqmpment,
use proper sales procedures to insure the htghest posstble return
B The Recipient will comply wtth Tttle 43, Texas Admtntstrattve Code, §31 53, to protect the
pubhc mvestment in real property and eqmpment purchased tn whole or tn part w~th state or
federal funds
C. In the event that project eqmpment ~s not used tn the proper manner or ts wtthdrawn from
pubhc transportatton servtces, the Remptent shall tmmedtately nottfy the State The State
reserves the right to d~rect the sale or transfer of property acqmred under thts Grant Agreement
upon determmat~on by the State that smd property has not been fully or properly used
D When original or replacement eqmpment acqmred under a grant ~s no longer needed for the
ongmal project or program or for other actlmttes currently or premously supported by a federal
or state agency, the Rectptent shall contact the State to request authority to dispose of the
eqmpment, and the State shall tssue d~spos~Uon lnstmctmns ~n accordance wtth 49 CFR 18 32
6
ARTICLE 11. EQUIPMENT MANAGEMENT (cont.)
E All vehtcles purchased under this Grant Agreement shall comply wtth the Motor Vehmle
Safety Standards established by the U S Department of Transportation
F All vehicles purchased under tins Grant Agreement shall comply with all federal motor
vehicle anti-pollution requirements
G All veineles purchased under tins Grant Agreement shall comply w~th the bus testing
requirements set forth at 49 USC 5323(c) and 49 CFR 665
H The Recipient shall not execute any lease, pledge, mortgage, lien or other contract touching or
affecting the Federal or State interest m any project facility or eqmpment, nor shall the Remplent
by any act or omlssmn of any kind adversely affect the Federal or State interest or ~mpalr its
contmumg control over the use of project facfllt~es or equipment
I. The Remp~ent shall comply w~th reqmrements set forth at 49 USC 5323(1) and 49 CFR 663
regardmg pre-award and post-dehvery audit requirements
ARTICLE 12. VEHICLE INSURANCE REQUIREMENTS (Revised 12/15/97)
A The Reelpient/Subremp~ent shall matntam the msurance coverage specified below dunng the
entire hfe of the vehicle and shall furmsh proof of insurance to the State using a certificate of
~nsurance acceptable to the State
* If a vehicle ts required to be regtstered as a commerctal motor vehtcle under the
provisions of the Motor Carrier Regtstratton Act (Transportatton Code Chapter 643),
the vehtcle must be insured at the following mmtmum levels requtred under Tttle 43 of
the Texas ~ldmmtstrattve Code §18.16.
Buses designed to transport more than 15 passengers (including the driver) but less
than 26 passengers (not including the driver)
Bodily Injury and Property Damage - $500,000 per occurrence (Combmed Single Limits
are acceptable )
Buses designed to transport 26 passengers or more (not including the dr~vcr)
Bodily Injury and Property Damage - $5,000,000 per occurrence (C. ombmed Single
Limits are acceptable )
· If a vehtcle ts exempt from the provtstons of the Motor Carrier Regtstratton Act, and
the Rectptent/$ubrectptent is not a governmental enttty as defined by the Texas Tort
Claims Act, the vehicle must be tnsured at the followmg mtntmum levels'**
Mmlmum coverage
Vehicles designed to transport under 15 passengers (including the driver)'
Bodily Injury and Property Damage - $500,000 per occurrence (Combined Single Ltm~ts
are acceptable )
Vehicles designed to transport 15 or more passengers (including the driver)
Bodily Injury and Property Damage - $1,000,000 per occurrence (Combined Single
L~mlts are acceptable )
ARTICLE 12. VEHICLE INSURANCE REQUIREMENTS (Revised 2/15/97)(cont )
· If the Reclplent/Subrectptent ts a governmental ent,ty as defined by the Texas Tort
Clatms Act, the vehtcle must be tnsured at the followtng mimmum levels estabhshed by
the, Texas Tort Clatms Act (Crv. Prat. & Rem. Code §101.023) **
State Agencies and Mumc~palities:
Bodily Injury or Death - $250,000 each persord$500,000 each single occurrence
InjUry to or Destruction of Property - $I00,000 each single occurrence
Counties or Other Local Governments:
Bochly Injury or Death - $100,000 each person/S300,000 each single occurrence
Injury to or Destruction of Property - $100,000
**Exemptions from the Motor Carrier Act and/or exemptions by terms of the Texas
Tort Claims Act must be provided m writing to the Texas Department of
Transportation as to the claim of exemptmn.
Texas Bus~ness Automobile Pohcy - Basle automobile habfllty is not an acceptable
substitute for a Texas Business Automobile Policy or Comprehensive Automobile
L~abflxty insurance Th~s insurance is to be endorsed with the State as an Addauonal
Insured and endorsed with a Waver of Subrogation an favor of the State
B The Reclplent/Subreclp~ent shall furmsh comprehensive ~nsurance coverage in an amount
equal'to the replacement cost of the vetncle
C Irrespective of coverage by insurance, unless otherwise approved m writing by the State, in
the event of loss or damage to project property, whether by casualty or fire, the fair market
value will be the value of the property lmmedxately before the casualty or fire
D In the event of loss due to casualty or fire, straight hne depreciation &the asset, based on the
industry standard for a useful life, shall be considered fair market value unless otherwise
approved by the State
E The Recxpxent/Subrecxplent shall notify the State immediately of thef~, wreck, vandalism or
other destruction of project-related fac~hties or equipment
ARTICLE 13 BUY AMERICA
The Recxplent agrees to comply with applicable Buy America requirements set forth in 49 U S C
5323(2) and 49 CFR Part 661
ARTICLE 14. CARGO PREFERENCE
The Recipient will comply with the cargo preference requirements set forth m 46 U S C 1241
and Maritime Admlmstratlon regulations set forth m 46 CFR Part 381
ARTICLE 15. COORDINATION
The ReCipient will at all times coordinate the provision of public transportaUon services w~th
other transportation operators, both public and private, m the area The Recipient will furnish the
ARTICLE 15. COORDINATION (cont.)
State copaes of any agreement resulting from such coord~nataon Agreements which authorize the
payment of project funds to another entity are subject to the approval requirements described m
Artacle 5, Subcontracts
ARTICLE 16. LABOR PROTECTION PROVISIONS
A The Rec~paent agrees to undertake, carry out and complete the project under the terms and
eondat~ons determined by the Secretary of the Umted States Department of Labor to be fair and
equitable to protect the interests of employees affected by the project and meeting the
reqmrements of 49 U S C 5333(b) The Recipient shall mamtaan documentatmn ofcomphance
efforts an accordance w~th retention and accessibility requirements set forth ~n Article 6,
Retentaon of Records
B. The Rec~paent agrees to the comply w~th epphcable transit employee protectave requirements
as requared under the Transat Employee Protective Agreements as set forth under 49
U S C §5310, §5311, and §5333 and29 CFR Part 215
ARTICLE 17 CHARTER AND SCHOOL BUS OPERATIONS
A Neither the Recap~ent nor any subcontractor acting on ~ts behalf shall engage m charter bus
operations outside of the geograpbac area w~thm w~uch ~t provides regularly scheduled pubbc
transportation service, except as prowded under 49 CFR Part 604 9, and regulations pertaimng to
Charter Service Operations set forth at 49 U S C 5323(d) and 49 CFR Part 604
The Reelp~ent shall furmsh a copy of any agreement entered rotc under these regulations to the
State no later than seven working days after the agreement as s~gned
B Neither the Recipient nor any subcontractor acting on ~ts behalf shall engage m school bus
operations exclusively for the transportation of students or school personnel an eompetltaon wath
private school bus operators, except as prowded under 49 U S C 5323(f) and 49 CFR part 605
The Recipient shall furmsh any agreement entered rotc under these regulations to the State no
later than seven workang days after the agreement is s~gned
ARTICLE 18. MONITORING
A The State will momtor the progress of the project anthonzed an thas agreemen'~ usang
appropriate and necessary anspect~ons, ~ncludmg but not bm~ted to periodic reports, physacal
inspection of project facfl~txes, telephone conversataons, letters, and conferences
B The State shall momtor and conduct fiscal and/or program andats of the Recxp~ent and ats
contractors to verify the extent of servtces prowded under the terms of the Grant Agreement
Representataves of the State or Federal government shall have access to project facahtles and
records at all reasonable t~mes
C The State and the U S Depa~tn~ent of Transportat~on, and any authorized representauve
thereof, have the right at all reasonable tames to respect or otherwxse evaluate the progress of the
grant hereunder and the project premises
D If any inspection or evaluation ~s made on the premises of the Recipient or a subcontractor,
the. Recap~ent shall prowde and require the subcontractor to prowde all reasonable £acfl~ues and
9
ARTICLE 18. MONITORING (cont.)
assistance for the safety and convemence of the mspectors tn the performance of their duties All
tnspectlons and evaluations shall be performed tn such a manner as will not unduly delay the
project
ARTICLE 19. REPORTS
A The Recipient shall submit written or electromc reports at intervals and m a format prescribed
by the State
1 Quarterly Operating Report - No later than 15 working days after the end of the
quarter for wtuch the report ~s made, the Remptent shall submit an acuvlty report to the
State At a mlmmum, the quarterly operating report will include the number of vehicles in
operation, total one-way passenger trips, total miles traveled, total expenses, including
adm~mstrat~ve and operating expenses, revenue, ~ncludlng fares and donations, operating
cost per velucle mtle, operating cost per passenger trip, and number of passengers per
mile traveled The State may reqmre more frequent operating reports for reasons of its
own, or ffthe Remp~ent does not provide the reports m a umely manner or if the reports
indicate unfavorable trends
2 Status of Procurements. If the grant includes the purchase of vehmles or other capital
eqmpment, the Recipient shall submit a quarterly report conslmng of a brief narrative
mcluchng but not hm~ted to procurement milestones, including date of purchase order,
vendor name and locatton, and estimated dehvery date
3 Status of Construction - If the grant includes construction, the Recipient shall submit
quarterly narrative reports wbaeh include but are not limited to the progress of
construction
B Regardless of the type of assistance mcluded m the grant, the Recipient shall promptly advise
the State m writing if at any t~me the progress of the project will be negattvely or positively
impacted, including
C. Problems, delays or adverse cond~tmns that will matenally affect the Rempient's abdlty to
attain program object,yes, prevent the meeting of t~me schedules and goals, or preclude the
attmnment of project work units by estabhshed time periods This d~sclosure shall be
accompamed by a statement of the action taken, or contemplated, by the Remplent and any State
assmtance needed to resolve the s~tuat~on
D. Favorable developments or events that will enable the Recipient to meet time schedules and
goals sooner than antm~pated or produce more work units than ongtnally projected
E Every two years, or more frequently when ~nstructed by the State, the Recipient shall conduct
a physmal inventory of grant-supported property as set forth tn Article 1 l, Eqmpment
Management, and furnish the State a copy of the tnventory
F The Recipient shall develop performance goals and management objectives in accordance
w~th T~tle 43, Texas ddmtmstrattve Code, §31 36
ARTICLE 19 REPORTS (cont.)
G. The Recipient shall maintain written maintenance records for each grant-supported vehicle,
and shall make such records available to the State upon request As a mlmmum, the Recipient
shall comply with the manufacturer's recommended maintenance schedule
ARTICLE 20. DISPUTES AND REMEDIES
A. The Rec~plent shall be responsible for the settlement of all contractual and admlmstrat~ve
issues arising out of procurements entered in support of the grant
B Any dispute concerning the work hereunder, additional costs, or any other non-procurement
issue shall,be settled in accordance with Title 43, Texas Admmtstrattve Code, §9 2
C Tins agreement shall not be considered as spemfymg the exclusive remedy for any default, but
all remedies exlmng at law and in eqmty may be avmled of by either party and shall be
cumulative
ARTICLE 21 TERMINATION
A. The State may terminate tbas Grant Agreement at any time before the date of completion
whenever it is detenmned that the Recipient has failed to comply with the conditions of the
Grant Agreement The State shall give written notice to the Recipient at least tturty days prior to
the effective date of texrmnatlon and specify the effective date of tenmnatlon, the reason for the
termination, and other tenmnatlon instructions
B If both parties to tins Grant Agreement agree that the continuation of the grant would not
produce beneficial results commensurate with the further expenditure of funds, the parties shall
agree upon the termination conditions, mcludmg the effective date In the event that both parties
agree that resumption of the grant is warranted, a new Grant Agreement must be developed and
executed by both parties
C Either the State or the Recipient may terminate this agreement by giving notice in writing one
to the other for reasons of its own and not subject to the approval of the other party In the event
of termination for convemence, neither the State nor the Recipient shall be sublect to additional
liability except as otherwise provided m tins agreement
D Upon tenmnatlon of this Grant Agreement, whether for cause or at the convenience of the
parties hereto, title to ail property and equipment remmns with the Recipient subject to the
obligations and conditions set forth in tins Grant Agreement and 49 CFR 18 31 and 18 32, unless
the state or federal funding agency issue chsposltlon instructions to the contrary
E In the event of termination, the State may compensate the Recipient for those eligible
expenses incurred dunng the grant period winch are directly attributable to the completed portion
of the grant covered by this Grant Agreement, provided that the grant has been completed in
accordance with the terms of the Grant Agreement The Recipient shall not incur new obligations
for the terminated portion after the effective date of termination
11
ARTICLE 21. TERMINATION (cont.)
F Except wtth respect to defaults of subcontractors, the Reclptent shall not be tn default by
reason of any fatlure m performance of thts Grant Agreement in accordance with its terms
(mcludmglany fadure by the Rectptent to progress m thc performance of the work) if such failure
arises out of causes beyond the control and without the default or neghgenc¢ of the Remptcnt
Such causes may tnclude but are not hm~ted to acts of God or of the pubhc enemy, acts of thc
Government tn etther tts sovereign or contractual capactty, fires, floods, epidemics, quarantine
restncttons, strikes, fretght embargoes, and unusually severe weather In every case, however, the
fatlure to perform must be beyond the control and without the fault or ncgh§¢nce of the
Reclptent
ARTICLE 22. NONDISCRIMINATION ON THE BASIS OF DISABILITY
The Remp~ent agrees that no otherwtse quahfied person with disability(s) shall, solely by reason
ofhm/her chsabfltty, be excluded from parttctpatton tn, be dented the benefits of, or otherwise be
subject to dlscnnunataon under the project The Kemptent shall insure that all fixed famhty
constructton or alteratmn and all new eqmpment included tn the project comply with applicable
regulattons set forth at 49 CFR 27, Nondtscnmtnatton on the Basts of Handtcap tn Programs and
Acttvtttes Recetmng or Benefiting from Federal Flnancml Assistance, and the Americans with
Dtsab~lmes Act
ARTICLE 23 DISADVANTAGED BUSINESS ENTERPRISE PROGRAM
REQUIREMENTS
It is the pohcy of the Department of Transportation that Mmonty Bustness Enterpnses as defined
tn 49 CFR Part 23 shall have the maximum opportumty to parttctpate in the performance of
contracts financed tn whole or tn part with Federal funds Consequently, the Mtnonty Business
Enterprise reqmrements of 49 CFR Part 23 apply to this Grant Agreement as follows
1 The Remp~ent and any subcontractor agrees to insure that Minority Business Enterprises
as defined m 49 CFR Part 23 have the maxtmum opportumty to participate in the
performance of contracts and subcontracts financed in whole or tn part wtth Federal
funds In ttus regard, the Remptent shall take all necessary and reasonable steps tn
accordance wath 49 CFR Part 23 to tnsure that minority business enterprises have the
maximum oppormmty to compete for and perform contracts
2 The Rectptent and any subcontractor shall not dmcnmtnate on the basis of race, color,
nattonal ongm or sex m the award and performance of contracts funded m whole or m
part wtth Federal funds
3 These requirements shall be physmally mcluded in any subcontract
The percentage goal for Dtsadvantaged Business Enterprise participation m the acttvttles to be
performed under thts Grant Agreement ts a mmtmum of 15% of the Grant Agreement dollars
12
ARTICLE 23 DISADVANTAGED BUSINESS ENTERPRISE PROGRAM
REQUIREMENTS (cont)
available for contracting opportumties as set forth In 49 CFR Part 23 and amended by Section
106(c) of the Surface Transportation Asslstance Act of 1987
Failure to carry out the reqmrements set forth above shall constitute a breach of contract and,
after the notification of the State, may result m termination of the Grant Agreement by the State
or other such remedy as the State deems appropriate
ARTICLE 24. EQUAL EMPLOYMENT OPPORTUNITY
The Recipient agrees to comply with Executive Order 11246 t~tled "Equal Employment
Oppormmty" as amended by Executxve Order 11375 and as supplemented ~n Department of
Labor Regulations 41 CFR Part 60
ARTICLE 25. AFFIRMATIVE ACTION
The Recipient warrants that affmuat~ve actaon programs as reqmred by the roles and regulations
of the Secretary of Labor 41 CFR 60-1 and 60-2 have been developed and are on file
ARTICLE 26. CLEAN AIR AND WATER
If the Grant Agreement exceeds $100,000, the Recipient will comply w~th all apphcable
standards, orders or reqmremenls ~ssued under Section 306 of the Clean gar Act (42 U S C 7401
et seq ), Section 508 of the Clean Water Act (33 U S C 1368), Executive Order 11738, and
Enwronmental Protection Agency regulations (40 CFR, Part 15) The Remplent further agrees to
report violations to the State
ARTICLE 27. ENERGY EFFICIENCY
The Recipient will recognize standards and pohmes relating to energy effimency which may be
contmned m a State energy conservation plan msued ~n comphance wath the Energy Pohcy and
Conservation Act (P L 94-163)
ARTICLE 28 SUBSTANCE ABUSE
A The Remp~ent agrees to establish and nuplement a drug and alcohol testmg program that
comphes w~th 49 CFR Parts 653 and 654, produce any documentation necessary'to estabhsh ~ts
comphanee w~th Parts 653 and 654, and permit any authorized representative of the U S
Department of Transportation or the State to inspect the facflit~es, testing process, and records
assomated w~th the implementation of the drug and alcohol testing program as reqmred under 49
CFR Parts 653 and 654
B The Remp~ent will certify comphance with 49 CFR Parts 653 and 654 on or before September
1 of each year, using the certfficat~on form furmshed by the State
C The Remp~ent will submit reqmred Management Information System (MIS) reports on or
before February 15 each year using forms furnished by the State
ARTICLE 29. FEDERAL PRIVACY ACT
A. The Recipient will comply with and assures the compliance of ~ts employees with the
mfonnauon restncuons and other appheable requirements of the Privacy Act of 197~,, 5 USC
§$52a The Recipient will not operate a system of records on behalf of the federal government
without the express consent of the State and Federal G°vemment The Recipient understands
that the reqmrements of the Privacy Act, including the elvfl and criminal panalt~es for wolauon
of that Act, apply to those individuals revolved, and that failure to comply with the terms of the
Privacy Act may result m termination of the underlying Grant Agreement
B The Recipient also agrees to include these reqturements m each subcontract to administer any
system of records on behalf of the federal government financed m whole or in part w~th federal
assistance provided by FTA
ARTICLE 30. PROHIBITED ACTIVITIES
A Neither the ReclpleBt nor any subcontractor shall use federal or state assistance funds for
pubheaty or propaganda purposes designed to suppor~ or defeat legislation penthng before
Congress, or the Texas Legislature
B. No member of or delegate to the Congress of the United States shall be admitted to any share
or part of'flus Grant Agreement or to any benefit arising therefrom
C. No member, officer or employee of the Recipient dunng his tenure or one year thereafter shall
have any interest, d~rect or redirect, m th~s Grant Agreement or the proceeds thereof
D. Texas Transportation Conumsslon pohey mandates that employees of the Texas Department
of Transportation (TxDOT) shall not accept any benefits, gifts or favors from any person doing
business or who reasonably speaking may do business with the State under this Grant
Agreement The only excepUons allowed are ordinary business lunches and ~tems that have
received the advanced written approval of TxDOT's Executive Director Any persons doing
business w~th or who may reasonably speaking do business w~th the State under th~s Grant
Agreement may not make any offer of benefits, gifts or favors to TxDOT employees, except as
mentioned here above Failure on the part of the Recipient to adhere to this pohcy may result in
the termination of flus Grant Agreement
E. The Reelp~ent will comply with Texas Government Code, Chapter 573, by a~sunng that no
officer, employee or member of the Reclplent's governing board or of the Reeap~ent's contractors
or subcontractors shall vote or confirm the employment of any person related within the second
degree by affinity or third degree by consangulmty to any member of the governing body or to
any other officer or employee authorized to employ or supervise such person Tbas prohlbauon
shall not prohibit the employment of a person who shall have been continuously employed for a
period of two years prior to the election or appointment of the officer, employee, govermng body
member related to such person m the prohibited degree
14
ARTICLE 31. PUBLIC INFORMATION
The Rec~ptent will ~nsure that all ~nformat~on collected, assembled or maintained by the
apphcant relative to th~s project shall be available to the pubhc dunng normal business hours ~n
comphance w~th Texas Government Code, Chapter 552 unless otherwise expressly prowded by
law
ARTICLE 32 OPEN MEETINGS
The Recipient will comply w~th Texas Government Code, Chapter 551, which requires all
regular, specml or called meetmgs of governmental bodies to be open to the pubhc, except as
otherwise provided by law or specifically permitted m the Texas Constitution
ARTICLE 33. INDEMNIFICATION
A. To the extent possthle by law, the Recipient shall ~ndemmfy and save harmless the State from
all cl/ums and habfl~ty due to activities of ~ts agents, employees or volunteers performed under
th~s agreement and which result from an error, omission or neghgent act of the Recipient or of
any person employed by the Recipient
B. To the extent possible by law, the Rec~paent shall also save harmless the State from any and
all expenses, including attorney fees, wtuch mxght be ancurred by the State m ht~gat~on or
otherwise resisting said e10am or habfl~t~es wluch might be ~mposed on the State as a result of
actlwtles by the Recap~ent, ~ts agents, employees or volunteers
C To the extent possible by law, the Recap~ent agrees to protect, mdemmfy, and save harmless
the State from and against all claims, demands and causes of action of every kind and character
brought by any volunteer or employee of the Recipient against the State due to personal injuries
and/or death to such employee resultang from any alleged neghgent act, by e~ther commission or
omission on the part of the Recipient
D The Recipient acknowledges that ~t ~s not an agent, servant or employee of the State and that ~t
~s responsible for ~ts own acts and deeds and for those or,ts agents, employees or volunteers
dunng the performance of the Grant Agreement
ARTICLE 34. INTELLECTUAL PROPERTY RIGHTS
If any ~nventlon, improvement or d~seovery of the Recipient or any of ~ts subcontractors ~s
conceived or first actually reduced to practice m the course of or under th~s grant, which
invention, ~mprovement or discovery may be patentable under the Patent Laws of the Umted
States of America or any foreign country, and ff smd ~nvenUon, amprovement or d~scovery has
not already become the property of the State, the Recipient shall ammed~ately notify the State and
provide a detailed report The rights and responsibilities of the State, the Recap~ent, any
subcontractor and the Umted States Government w~th respect to such invention will be
determined m accordance w~th apphcable laws, regulations, pohc~es and any woavers thereof
Further, the Reclp~ent shall comply w~th the prows~ons of 41 CFR, Part 1-9 The State and the
U S Department of Transportation shall have the royalty-free, non-exclusave and ~rrevocable
right to reproduce, pubhsh or otherwise use, and to authorize others to use the work for
government purposes
15
ARTICLE 35. COMPLIANCE WITH LAWS
The Recipient shall comply with all federal, state and local laws, statutes, ordinances, roles and
regulationS, and the orders and decrees of any courts or administrative bodies or tribunals in any
matter affecting the performance of this grant, including without limitation workers'
compensafion laws, mlmmum and maximum salary and wage statutes and regulations,
nondlscnralnatlon laws and regulations, and licensing laws and regulations When required, the
Recipient shall furmsh the State with satisfactory proof of compliance therewith
ARTICLE 36. NONCOLLUSION
The Reclpmnt warrants that it has not employed or retained any company or person, other than a
bona fide employee worlang for the firm, to solicit or secure this grant, and that it has not paid or
agreed to pay any company or person, other than a bona fide employee, any fee, commission,
percentage, brokerage fee, gt/~ or any other consideration contingent upon or resulting fi.om the
award or making of tins grant If the Recipient breaches or violates this warranty, the State shall
have the right to annul this agreement w~thout liability or, m its discretion, to deduct fi.om the
grant price or conslderat~on, or otherwise recover, the full amount of such fee, commission,
brokerage fee, g~f~, or contingent fee
ARTICLE 37. RESTRICTIONS ON LOBBYING
Pursuant to Section 31 U S C 1352, 49 CFR Part 19 and 49 CFR Part 20, Contractors who apply
or bid for an award of $100,000 or more shall file the certification required by 49 CFR Part 20
which generally prohibgs Rec~pmnts of federal funds fi.om using those monies for lobbying
purposes When applicable, the Reclpxent will 5arnish the State the required certification
ARTICLE 38. SUSPENSION AND DEBARMENT
The terms of the Department of Transportation regulation, "Suspension and Debarment of
Participants m DOT Financial Assistance Programs," set forth in Executive Order 12549 and
implemented by 49 CFR Part 29, are applicable to this Grant Agreement Furthermore, any
Recipient employed by the Recipient is also bound by the terms of 49 CFR Part 29 and must
complete a Lower Tier Participant Debarment Certification The Recipient warrants that the
debarment certification furmshed as part of the application is current and valid
ARTICLE 39. NONDISCRIMINATION
The Keclprent shall comply with the nondiscrimination provision attached hereto and labeled
Attachment C, Nondiscrimination
ARTICLE 40 DELINQUENT TAX CERTIFICATION
Pursuant to Article 2 45 of the Business Corporation Act, Texas Clwl Statutes, which prohibits
the State fi.om awarding a contract to a corporation that is delinquent in paying taxes under
Chapter 171, Tax Code, the Recipient hereby certifies that ~t ~s not delinquent ~n ~ts
Texas franchise tax payments, or that it is exempt from or not subject to such tax A false
statement concerning the Recipient's franchise tax status shall constitute grounds for cancellation
of the Grant Agreement at the sole option or'the State
ARTICLE 41. PROGRAM INCOME
A. Except for tncome from royalttes and proceeds from the sale of real property or eqmpment,
the Rec~ptent shall retatn program ~ncome and apply such income to allowable capital or
operaUng expenses Program income from royalties and proceeds from sale of real property or
eqmpment shall be handled as spectfied m 49 CFR 18 34 (Copyrights), 49 CFR 18 31 (Real
Property) and 49 CFR 18 32 (Eqmpment)
B The Recipient shall comply w~th standards governing the receipt and apphcat~on of program
income as set forth tn 49 CFR 18 25, Program Income Program income means gross income
reeetved by the Recipient dtrectly generated by a grant supported acuvtty, or earned only as a
result of tbs Grant Agreement dunng the t~me period specified tn Article 1, Grant Period
C Program income includes income from fees for services performed, from the use or rental of
real or personal property acqmred wtth grant funds, from the sale of commodmes or ttems
fabricated under a Grant Agreement, and from payments of pnnctpal and mterest on loans made
wtth grant funds Except as otherwise provided tn federal regulattons, program income does not
include grant funds, rebates, credtts, d~scounts, refunds, and the interest earned on any of these
recetpts
ARTICLE 42. SUCCESSORS AND ASSIGNS
The Rectptent brads bamself, bas successors, asstgns, executors and admtmstrators tn respect to
all covenants ofthts agreement The Recipient shall not s~gn, sublet or transfer bas tnterest tn thts
agreement wtthout the written consent of the State
ARTICLE 43. LEGAL CONSTRUCTION
In case any one or more of the provts~ons contained m this agreement shall for any reason be
held to be mvahd, illegal or unenforceable tn any respect, such mvahdtty, fllegaltty or
unenfurceabahty shall not affect any other prowston thereof and this agreement shall be
construed as tf such mvahd, illegal or unenforceable provtston had never been contained heretn
ARTICLE 44 CHANGES IN FEDERAL REGULATIONS
As a Recipient of federal funds, the Rectptent ts reqmred to comply wtth all apphcable FTA
regulattons, pohctes, procedures and darect~ves, including wtthout hmttaUon those hsted d~rectly
or by reference m the agreement (Form FTA MA (2) dated October, 1995) between Purchaser
and FTA, as they may be amended or promulgated from ttme to time dunng the term of tbas
Grant Agreement Reelptent's f/ulure to so comply shall consUtute a material breach of tbas Grant
Agreement
ARTICLE 45 PRIOR AGREEMENTS
Tbas agreement constitutes the sole and only agreement of the parttes hereto and supersedes any
prior understandtngs or written or oral agreements between the part~es respecting the pubhc
transportatton grant specifically authorized and funded under tbas agreement
ARTICLE 46. INCORPORATION OF FEDERAL REQUIREMENTS
This Grant Agreement ~ncludes terms and condmons reqmred by the U S Department of
Transportation All contractual provisions required by the U S Department of Transportation, as
set forth m FTA C~rcular 4220 1D, dated April 15, 1996, are hereby ~ncorporated by reference
Notwithstanchng anything hereto to the contrary and except as prowded xn State law, all FTA
mandated terms shall be deemed to control m the event of a conflict wtth other provis~ons
contained m tins agreement
The Recipient shall not perform any act, fml to perform any act, or refuse to comply with any
State request whmh would cause the State to be m violation of federal terms and conditions or
state law
ARTICLE 47. SPECIAL PROVISIONS FOR CONSTRUCTION AND REPAIR
A. Work Hours and Safety Standards
The Recipient agrees to comply with Sections 103 and 107 of the Contract Work Hours and
Safety Standards Act (40 U S C Part 327-330) as supplemented by Department of Labor
regulations (29 CFR, Part 5)
B Copeland "Antl-Ktckback" Act
The Recip~ent agrees to comply w~th the Copeland "Antl-IQckback" Act (18 U S C 874) as
supplemented m Department of Labor regulations (29 CFR, Part 3)
C. Dams-Bacon Act
The Recipient agrees to comply with the provisions of the Davis-Bacon Act (40 U S C 276a-
276a-5) as supplemented by Department of Labor regulations (29 CFR, Part 5)
D Relocation and Land Acquisition
The terms of the U S Department of Transportation regulations "Uniform Relocation and Real
Property Acquisition for Federal and Federally Assisted Programs" 49 CFR Part 25 are
apphcable to ttus Grant Agreement
E. Insurance and Bonding
The Recipient shall comply w~th insurance and bonding reqmrements as established m 49 CFR
Part 18
F Signs
The Rec~pient shall cause to be erected at the site of construction, and mmntalned dunng
construction, signs satisfactory to the State and the U S Department of Transportatton
identifying the project and indicating that the Government ~s parttclpatlng ~n the development of
the project
G. Setsm~c Safety
The Re¢lptent agrees that any new bmldmg or addition to an ex,sung building wall be designed
and constructed m accordance with the standards for Seismic Safety reqmred m U S Department
of Transportation Seismic Safety Regulations 49 CFR Part 41 and wall certify to comphance to
18
ARTICLE 47. SPECIAL PROVISIONS FOR CONSTRUCTION AND REPAIR
the extent required by the regulation The Recipient also agrees to ensure that all work performed
under this Grant Agreement including work performed by a subcontractor is ~n comphance wtth
the standards required by the Seismic Safety Regulations and the certification of compliance
issued on the project
ARTICLE 48 SIGNATORY WARRANTY
The undersigned signatory for the Recipient hereby represents and warrants that he/she is an
officer of the organization for which he/she has executed this agreement and that he/she has full
and complete authority to enter into this agreement on behalf of the organization
IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed m
duplicate counterparts
TI-IE STATE OF TEXAS
Certified as being executed for the purpose and effect of activating and/or carrying out the
orders, es~abhshed policies, or work programs heretofore approved and anthonzed by the Texas
Transportation Commission under the authority of Minute Order 107220
By Dlstn~gm~er Jay R Nelson, P E
District D~laI
[ -
RECIPIENT
The City Of Denton
Typed or Pnnted Name and Title
19
Attachment A: Project Description.
ATTACHMENT A
PROJECT DESCRIPTION
~ enc Name Clt of Denton
Service Area: Please define, describe, or attach a map of the area to be served under this
grant agreement
Denton Mumclpal Boundaries
Service Type and Number of Routes to be Run' Based upon the charactenzaUons
below, please mthcate the number of routes provided under this grant agreement Please
check NA where Not Applmable
oirR0UteS to be mn Not Apphcable
Fixed Routes `4
Paratransit ~]
Demand Response '4
Deviation ~
(please specify)
Days / Hours of Operation: Please indicate the days and hours of operation provided
under this grant agreement 6am - 7pm - Monday through Friday
9am - 3pm - Saturday
Fare Structure: Please provide the fare structure which wall be ~n effect for this grant
agreement Fixed Route - Adults $0 75,Children $0 50, E&D $0 35
Paratranslt - $1 50 per trip
Capital Purchases: If you are acquiring vehicles under th~s grant agreement, as indicated - Contract Budget, please indicate below, for _each_ vehicle, whether the
on Attachment B "
vehicle is for expansion or replacement or check "No Vehicles to be Acquired
Veliiele Type Expansion or Replacement
No Vehicles to be Acquired through this
Grant Agreement '4
Page 1 of _1_
Attachmen~tt B: P~
State and Local Rural Pubhc Transportation Grant Agreement
Attachmsnt B
Approved ProJect Budget
Effective Date September 1, 1998
Project Completion Date August 31, 1999
Subreciplent' City of Denton
State Contract Number. $1918F1009
State Project NumberI URB 9901~(18) 1999
Apporttonment Year. FFY 199~'/SFY
Category ALI Code Descxapflon Total State Local
Capital $0 00 $0 00 $0 00
$0 00 $0 00 $0 00
$0 00 $0 00 $0 00
11 7A 00 Preventative Maintenance $0 00 $0 00 $0 00
$0 00 $0 00 $0 00
Planmng 41 12 00 ~3en Dev/Comp Planmng $0 00 $0 00 $0 00
Operaang 30 09 00 OperaUng Assxtanco $117,255 00 $117,255 00 $0 00
Subtotals $117,255 00 $117,255 00 $0 00
Scolarship 41 17 00 Other AcuvlUes $0 00 $0 00 $0 00
$0 00 $0 00 $0 00
Project Totals $117,255 00 $117,255 00 $0 00
Maximum Relmburseable Amount $117~255 00
Page I of 1
Attachment C: Nondiscrimination
Dunng the performance of this Grant agreement, the Subrectp~ent, for itself, its assignees and
successors ~n interest agrees as follows
1 Comphanc¢ with Regulations The Subrempaent shall comply wath the regulations relative to
nondiscrimination an federally assisted programs of the U S Department of Transportation (heremalter
U S DOT) 49 CFR Part 21 and with 23 CFR Part 710 405(b), as they may be amended from tame to
time (hereinafter referred to as the Regulation), which are hereto ~ncorporated by reference and made a
part of this grant agreement
2 Nondiscrimination The Subremplent, w~th regard to the work performed by tt dunng the grant
agreement, shall not discnnunate on the grounds of race, color, sex, creed, age or national ongan ~n the
selection and retention of subcontractors, including procurement of materials and leases of equipment
The Subremplent shall not partmapate either directly or ~ndirectly an the dascnmlnation prohibited by
section 21 5 of the Regulations, including employment practices when the grant agreement covers a
program set forth m Appendix B of the Regulation
3 ~ub ant a cements Includin Procurement of Materials and E~ In all
sohcltat~ons either by competative baddmg or negotiat~on made by the Subreclp~ent for work to be
performed under a subcontract, including procurement of materials or leases of eqmpment, each
potential subcontractor or supplier shall be notffied by the Subrec~p~ent of the Subrempaent's
obhgatlons under this grant agreement and the Regulation relative to nondiscrimination on the grounds
of race, color, sex, creed, age or national origin
4 Information and Reports The Subrec~p~ent shall prowde all information and reports reqmred by the
Regulation or darectives issued pursuant thereto, and shall permit access to ~ts books, records, accounts,
other sources of reformation, and ~ts fac~hties as may be determined by the State or Ihe Federal Transit
Admlmstratlon (FTA) to be pertinent to ascertmn compliance w~th such Regulation, orders and
instructions Where any reformation reqmred of a Subrecipient ts tn the exclusive possession of
another who fmls or refuses to fumash thas mformat~on, the Subrecap~ent shall so certify to the State, or
the Federal Transit Administration, as appropriate, and shall set forth what efforts ~t has made to obtmn
the reformation
5 Sanctaons for Noncomphance In the event of the Subrec~p~ent's noncomphance with the
nondiscrimination prowsaons ot this grant agreement, the State shall impose such sanctions as ~t or the
Federal Transit Admlmstration may determine to be appropriate, ~nclud~ng, but not hm~ted to
(a) W~thholdmg of payments to the Subrec~plent under the grant agreement until the Subrempient
comphes, and/or
(b) Cancellation, termination or suspension of the grant agreement, in whole or in part
6 Incorporation of Prowslons The Subreclplent shall include the provisions of paragraphs (1) through
(6) in every subcontract, including procurement of materials and leases of equipment, unless exempt by
the Regulation, or directives issued pursuant thereto The Subreclplent shall take such action with
respect to any subcontract or procurement as the State or the Federal Transit Administration may direct
as a means of enforcing such provis~ons including sanctions for noncompliance Provided, however,
that, in the event a Suhreelp~ent becomes involved m, or is threatened with, htigat~on with a
subcontractor or suppher as a result of such direction, the Subreeiplent may request the State to enter
into such hti§ation to protect the Interests of the State, and, in addition, the Subreclplent may request
the United States Department of Transportation to enter into such litigation to protect the interests of
the United States
Attachment D: DEBARMENT AND SUSPENSION (NONPROCUREMENT),
49 CFR Part 29 Executive Order 12549
Apphcabflity to C, ontracts
Executive Order 12549, as implemented by 49 CFR Part 29, prohibits FTA recipients and sub-
recipients from contracting for goods and services from organlzauons that have been suspended or
debarred from receiving Federally-assisted contracts As part of their applications each year, recipients
are required to submit a certification to the effect that they will not enter into contracts over $100,000
with suspended or debarred contractors and that they will require their contractors (and their
subcontractors) to make the same certification to them
Flow Down
Subremplents are required to pass this requirement on to subcontractors seelang subcontracts over
$100,000 Thus, the terms "lower tier covered participant" and "lower tier covered transaction mclud
both contractors and subcontractors and contracts and subcontracts over $100,000
(1) The Subreclplents certifies to the best of its knowledge and belief, that at and its pnnclpals
(a) Are not presently debarred, suspended, proposed for debarment, declared mehgable or
voluntarily excluded from covered transactions by any federal department or agency,
(b) Have not vattnn a three-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtalmng, attempting to obtain, or performing a public (federal, state or local) transaction or
contract under a public transaction, violation of federal or state antitrust statutes or commission
of embezzlement, their, forgery, bnbery, falsification or destruction of records, malang false
statements, or receiving stolen property,
(c) Are not presently indicted for or otherwise cnmlnally or mvflly charged by a governmental
entity with commission of any of the offenses enumerated in paragraph (1)(b) of this cemficataon,
and
(d) Have not within a three-year period preceding this application/proposal had one or more
public transactions terminated for cause or default
(2) Where the Subrempient is unable to certify to any of the statements in this certification, such
Subremplent shall attach an explanation to this certification
Slgn. a~u-r-e of Certifying Official
:rttle'..)
Date
Lower Tier Participant Debarment Certification (Negotiated Contracts)
(For Subreczpt¢nts Contractors Over $I 00, 000)
, being duly sworn or under penalty
of perjury under the laws of the United States, certifies that neither (,nsert name of lower uer part,¢,pam)
nor Its pnnctpals are presently
· debarred, suspended, proposed for debarment,
· declared xnehgxble,
· or voluntarily excluded f~om participation tn this transaction by any Federal department or
agency
Where the above identified lower ttar participant is unable to certify to any of the above statements in
this cemficatton, such prospective partm~pant shall mthcate below to whom the exception apphes, the
lmUatmg agency, and dates of action
Exceptions will not necessarily result m demal of award, but will be considered in detarmxmng
contractor responsibility Provtdmg false reformation may result in cnmmal prosecution or
admxmstrattve sanctions
EXCEPTIONS
Signature of Certifying Offimal
Certification Information
This certification as to be used by contractors pursuant to 49 CFR. 29 when any of the follov~ng occur
· any t~ansactlon between the Contractor and a person (other than a procurement contract for
goods and services), regardless of type, under a primary covered transaction
· any procurement contract for goods or services when the estimated cost as $25,000 or more
· any procurement contract for goods or services between the Contractor and a person,
regardless of the amount, under wbaeh the person wall have a critical influence on or
substantive control over that covered transaction Such persons include pnnc~pal investigators
and providers of federally required audit services
A procurement transaction as the process of aequmng goods and services
A nonprocurement transaction as the granting of financial assistance to ent~tles to assist the grantor ~n
meeting objectives that are mutually beneficial to the grantee and grantor
A COPY OF THIS CERTIFICATION IS TO BE FURNISHED TO AUTHORIZED
REPRESENTATIVES OF THE STATE OR TI-IE U S DEPARTMENT OF TRANSPORTATION
UPON REQUEST
End of Contract