1999-225 O IN CENO
AN 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 Umted States Secretary of Transportation ~s authorized to award grants for a
mass transportation program of projects and budget, and
WHEREAS, the State of Texas ~s authonzed under Tex Trans Code ch 455, to assist the
City m proeunng federal md for the purpose of estabhstung and mmntmmng pubhc and mass
transportataon projects, and
WI-IEREAS, the C~ty of Denton desires to obtmn pubhc transportation funds from the State
for the purpose of estabhsh~ng and mamtmmng pubhc and mass transportation systems, NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
~ That the City Manager ~s anthonzed to make an apphcat~on w~th and then
execute a Pubhc Transportation Contract, substantially ~n the form of the attached agreement wbach
is made a,part of tlus orchnance for all purposes, and subsequent amendments, on behalf of the City
of Denton, Texas, with the Texas Department of Transportation to md ~n the financtng of pubhc
transponaUon, and to execute any other cerUficat~ons or documents necessary to ~mplement the
Contract The City Manager, however, ~s not authorized to amend tbas contract by more than the
amount at~thonzed by Chapter 10 of the Code of Ordinances of the C~ty of Denton, Texas
SECTION 2. That the C~ty Manager is hereby authorized to make expenchtures as may be
reqmred for the local share of any pubhc transportation costs which may be required under the
Contract
SECTION 3 That htus ordinance shall become effective ~mme&ately upon ~ts passage and
approval
PASSED AND APPROVED this the/~"-~ dayof (/~/Z~ ,1999
J~
ATTEST
JENNIFER WALTERS, CITY SECRETARY
AP VED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Page 2
58278 Federal Register/Vol 64, No 208/Thttrsday October 28 1099/Notices
Appendix A
rv 000 C RT F CA ONS
~ ri I XV
The A pliant a~rees to ~m~ with appheable ~qm~menis of Catego
P (The Apph~t may m~e ~s ~l~t~on m heu of mdtwd~ selectmns below
O~
The Agphcan~ a~ea to ~om~ with the appheable r~mrements of the fo~wmg
catego~ it h~ a~t~'
I C~fica~ons ~d Ass~c~ R~ed of E~h A~hc~t
Il Lobbying
III Ce~fica~on Pe~ ~o Effects on ~va~ ~ Tr~on Comp~es
IV Pubhc He~ng C~fi~ion ~or a ~3~t ~ Subs~t~ Im~c~
V Ce~ficatmn for the Purchase of Rolhng Stock
VI B~ Testing C~flcaUon
VII Char ~ce A~ment
VIII School T~s~t~on A~eement
IX Ce~ca~on f~ ~m~d Res~mxvc
X ~ub~ee Abuse Ce~fica~ons
~ Ce~caUon Rcqm~d for In~re~ ~d O~er Fm~cmg Costs
XH C~ons ~d A~m~ for ~e Urged Area Fommla Progr~, ~d
~e Job At.ss ~d Revere Co~u~ Pro~
~II Ce~fica~ons ~d A~ for ~c Eld~ly ~d Persons ~ Dl~bd~t~es
~V Ce~fi~ons ~ Ass~ for ~e Non~b~zed A~a Formula Progr~
XV C~fica~ons ~d A~s for ~ S~ In~c~e B~ (SIB) Prog~
(Bo~ ,s~des of ~ Si~e Page m~t ~ ~propna~ly ~mpleted ~d s~ where md~cated
Federal Register/Vol 64, No 208/Thursday, October 28 1999/Notices 58279
Appe~l~ A
FEDERAL FISCAL YEAR'S000 lira ClI~RTIFICATIONS AND ASSURANClgS
(Required of all Applicants for FTA a.~lstance and all FTA Grantees with an active capttal or formula project)
Name of Apphoant (~._~, ,'~ C_~ ~ ~.4,~
b
BY ~IONINO ~£LOW I, (n~e), un bch~f of~e ^pph¢~t, declare ~ ~e Applicant
has duly anthonzed me to make these cea~ficatlons and assurances and brad the Applicant's compliance Thus. the
Applicant agrees to comply with all Federal statutes, regulations, executive orders, and admmls~rative guidance
required for each apphcat~on it makes to tile Federal Transit Administration (FTA) m Federal Fiscal Year 2000
FTA m~nds that the aer~lfioatiuns and assurances the Appboant selects on the other s~de of this dooumen~, as
representative of the eemfioattons and assurano~ in Appendix A. should apply, as required, to each project for
which the Apphceot seeks now, or may later, seek FTA er, smtance dunng Federal F~scal Year 2000
Thc Applicant affirm~ thc ~-uthfuinasz and a~umcy of the c. em ftcatmn s and aasumnees it has made m the
star.neats submitted hemm with this document and any other submission made to FTA, and acknowledges that the
prov~ons of the Program Fraud Civil Ramodlac A~t of 1986, 31 U $ C 3~01 et seq., as lmplomant~ed by U S DOT
reguladons, "Program Fraud Ciwl Remedies," 49 CFR pe~ 31 apply to any cemficauon, assurance or submission
made to FTA The urumnal fraud pmvlsiuns of I g U $ C 1001 apply t~ any cer~lficatmn, a~urance, or submission
made m ooune~ion w~th the Urbanized Area Formula Prosram, 49 U S C 5307. and may apply to any other
cert~ficatmn, a~suranee, or submission mede in counee~lon with any other program administered by FTA
In signing this docomant, I declare under penalties of P~OOrY that the foregoing oemfloalwns and assurances, and
:my other stat~nts &ado by me on b~half of the A~pl~licent are ~'ue and correct
--
As the undersigned legal counsel for thc above named Applicant, I I~areby affirm to the Applicant that it ha~
authority under s~te and local law to make and comply with the certifications and assurances as indicated on the
foregoing l~ges I further affirm that, In my opinion, the certifications and assurances have bean legally made and
constitut~ legal and binding obhga~ons on the Applicant
I furthar affirm to the Applicant that, to the best of my knowledge, there ~s no legislation or htlgatlon pandmg or
lmmmanl that might edv~sely affect the validity of the~ eerufiantlons and assurances, or of the performance of the
project, Furthermore, ill become aware of olranmatances thai change thc accuracy of the foregoing statements, I
will notify the Apph~:mt promptly, which may so inform PTA
Applic~nt'~
[FR Dec 99 27925 Filed 10 27 99 8 45 am]
RECIPIENT City of D~nton
SERVICE ARIEA City of Denton
PUBLIC TRANSPORTATION (SECTION ~307) GRANT AGREEMENT
GRANT AGRF_,EMENT NO ~1018F1009
STATE PROJECT NO URB 0001 08)
STATE URBAN PUBLIC TRANSPORTATION
GRANT AGREEMENT
THE STATE OF TEXAS §
THE COUNTY OF TRAVIS §
THIS GRANT AGREEMENT I$ made by and between the State of Texas, acting through the
Texas Department of Transportation, hereinafter called the "State," and City of Denton,
hereinafter called the "RECIPIENT"
WITNESSETH
WHEREAS, the Governor of the State of Texas has designated the Texas DepaxU~ent of
Transportation (State) to admamster a statew~de Public Transportation Grant Program, and to
prowde state funds to match federal fuhds, and,
WHEREAS, Transportatwn Code, Chapter 455, authorizes the State to assist the R~lp~ent m
procunng md for the purpose of estabhshmg and moantammg pubhc and mass transportation
projects and to adrmmster funds appropriated for public transportation under Transportation
Code, Chapter 456, and,
WHEREAS, the Recipient has subrmtted an apphcatlon for financial assistance for a urban
pubhc transportation project generally including tratmng, technical assistance, re, search, or
support services related to pubhe transportation m urbanized areas, and the State approved the
application, and,
NOW, THEREFORE, in conslderaUon of the prermses and of the mutual covenants hereinafter
set forth, the State and the Recipient hereto agree as follows
AGREEMENT
ARTICLE 1 GRANT PERIOD
This Grant Agreement becomes effective on September 1, 1999 or when executed by the State's
D~smct Engineer, whichever ~s later, and shall terrmnate on August 3 l, 2000 unless terrmnated
or otherwise modified as hereinafter provided
ARTICLE 2. PROJECT DESCRIPTION
The Rec~pient shall commence, carry out and complete a public transportation project described
m Attachment A, Approved Pro.~ect Description, with all praeUcable dispatch, in a sound,
economical and efficient manner in accordance with the provisions of Attachment A, Approved
Project Descnpuon, this grant agreement, federal and state law, and federal and state regulation
as hereinafter referenced
ARTICLE 3. COMPENSATION
A, The maximum amount payable under this grant agreement without modification is
$373,094 00 provided that expenditures are made m accordance with the amounts and for the
purposes authorized m Attachment B, Estimated Project Budget
B. The State's reimbursement to the Subreclplent is contingent upon the avonlabflity of
appropriated funds The State shall have no liability for any clonm subnutted by the
Subreclplent or its subcontractors, vendors, manufacturers or suppliers If sufficient federal or
state funds are not available to pay the Subreclpaent's clonms
C. To be ehg~ble for reimbursement under this grant agreement, a cost must be recurred within
the grant agreement period specified m Article 1, Grant Period, and be anthonzed m
Attachment B, EsUmated Pro.~ect Budget
D. To be eligible for reimbursement under this grant agreement, a letter of cerUficauon must be
subrmtted to the State, according to the terms of Article 48 Year 2000 Compliance, of this
grant agreement, or as otherwise requested by the State
E. Reimbursement of costs recurred under this grant agreement is further governed by cost
pnnclples outlined in applicable Federal Office of Management and Budget (OMB)
publicauons as follows
· OMB Circular A-21, Cost Principles for Educational Institutions
· OMB Circular A-87, Cost Principles for State and Local Govemmentz
· OMB Circular A-122, Cost Pnnclples for Nonprofit Organlzattons
E Costs elonmed by the Subreclplent shall be actual net costs, that is, the price pond minus any
refunds, rebates or other items of value received by the Subreciplent that have the effect of
reducing the cost actually incurred
F The Subreciplent must submit requests for reimbursement to the State no later than forty-five
(45)days after the date of the invoices submitted for reimbursement The Subreclplent will use
lnvolcelstatements acceptable to the State Additional documentation to support any cost incurred
during ~he billing period may be required at the discretion of the State As a nummum, each
bllhng must be accompanied by a summary by budget line item which mdleates the total amount
authorized for each line Item, previous expenditures, current period expenditures and the balance
remonnmg in the line item
2
ARTICLE 3. COMPENSATION (cont.)
G The original and ~ne copy of the invoice is to be subrmtted to the following address
Jay R Nelson, P E
District Engineer
Texas Department of Transportation
P O Box 3067
Dallas, Texas 75221-3067
H. The State will make payment within thirty (30) days of the receipt of properly prepared
requests for reimbursement
I. The Subremplent will subnut a final billing within forty-five (45) days of the completion or
termination of the grant agreement in accordance with Article 1, Grant Period
J The Subreclpient shall pay all subcontractors for work performed within 10 days after the
Subreclplent receives payment for the work performed by the subcontractor Also, any
retained monies on a subcontractor's work shall be paid to the subcontractor within 10 days
after the Subreclplent receives any retainage payment
The above requirements are also applicable to all sub-trot subcontractors and the above
provisions shall be made a part of all Subreclpient agreements
Failure to comply with any of the above requirements may cause wlthholchng of payments to
the Subreclplent ~.
ARTICLE 4. AMENDMENTS
Except as noted below, changes in the scope, objectives, cost or duration of the pro3ect
authorized herein shall be enacted by written amendment approved by the parties hereto before
additional work may be performed or ad&taonal costs incurred Any amendment so approved
must be executed by both parties within the grant period specified in Article 1, Grant Period
The Recipient is anthonzed to re-budget without a formal amendment when the plroposed
revision involves an increase m one category and a corresponchng decrease in another, provided
however, that any such revision meets all of the following criteria 1 Does not result in the need for additional funds, and,
2 Does not exceed ten percent of the current total approved budget and the federal and state
funchng exceeds $100,000, and,
3 Does not involve a transfer of funds from an authorized capital equipment purchase to
another category, and
4 Does not involve a transfer of funds from training to another expense category, and
5 Does not involve a transfer of funds from construction to a non-construction category,
6 Does not involve a transfer of funds from a d~rect to redirect cost category
ARTICLE 4. AMENDMENTS (cont.)
If a proposed revision meets all of the criteria listed above, the Recipient must notify the State In
writing before the revision is made, describing the revision, explmnmg the need, and cerfafylng
that ~t complies with the above criteria
ARTICLE 5. SUBCONTRACTS
The Recipient shall not enter into any subcontract with lnthwduals or orgamzatlons to provide
professional services w~thout prior authorization and consent to the subcontract by the State
Subcontracts in excess of $25,000 shall contain all required provisions of this Grant Agreement
No subcontract will reheve the Remplent of its responsibility under this Grant Agreement
The Recipient shall not enter into any agreement for the purchase of eqmpment w~thout prior
authorization and consent to the purchase agreement by the State
ARTICLE 6. RETENTION OF RECORDS
A. The Remplent agrees to maintain all documents, reports, papers, accounting records, and
other ewdence pertmnmg to costs incurred under this agreement (the Records) at ~ts office during
the grant period and for four years from the date of final payment under the grant Such records
shall be made available dunng the specffied period for inspection by the State, the U S
Department of Transportation, the Office of the Inspector General, and any of their authorized
representataves for the purpose of making audits, exanunatlons, excerpts, and traflscnptlons
Records for nonexpendable property acqmmd with Federal or State funds shall be retained for
four years after final chspositlon of the property
B If any ht~gation, clmm or and~t is started before the expiration of the four year retention
period, the Records shall be retained until all ht~gatlon, claim or audit finding involving the
Records have been resolved
C When records are transferred to or matnt~uned by the federal or state sponsonng agency, the
four year retenUon requirement is not apphcable to the Recipient
D The Remptent further agrees to include these provisions m each subcontract
ARTICLE 7. SINGLE AUDIT REQUIREMENTS
Reclpaent audit procedures shall meet or exceed the single audit requirements outhned in Office
of Management and Budget (OMB) publications as follows
Audits of State and Local Government _OMB C~rcular A-128
Audits of Instatutlons of Higher Education and
other Nonprofit Institutions OMB Circular A-133
ARTICLE 8 FINANCIAL MANAGEMENT SYSTEM
The Remplent's financial management system shall meet or exceed the requirements of the
"Uniform Adnumstrative Requirements for Grants and Cooperative Agreements to State and
Local Governments" (49 CFR Part 18 20) Those requirements include, but are not hmlted to
4
ARTICLE 8. FINANCIAL MANAGEMENT SYSTEM (cont)
A. Accurate, current and complete disclosure of the financial results of each grant program m
accordance with State and Federal reporting requirements
B. Records which adequately identify the source and application of funds for grant-supported
aCtlVmeS These records shall contain information pertmmng to grant awards and authorization,
obhgatlons, commitments, assets, liabilities, outlays and income
C. Effective control over and accountability for all funds, property and other assets The
Recipient shall adequately safeguard all such assets and shall assure that they are used solely for
authonzed purposes
D Comparison of actual with budgeted amounts for each Grant Agreement, and relation of
financial information to performance or productivity data, including the production of unit cost
information, whenever appropriate and required by the State
E. Procedures for detenmmng the eligibility for reimbursement and proper allocation of costs
F. Accounting records which are supported by source documentation
G. A systematic method to assure timely and appropriate resolution of audit findings and
reconunendatlons
ARTICLE 9. PROCUREMENT STANDARDS
Rempient procurement standards shall meet or exceed the requirements of the "Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments" (49 CFR Part 18 36), and PTA Circular 4220 ID, including standards for
compet~tive procurements, methods of procurement, contractmg with small and rmno. nty firms,
women's business enterprise and labor surplus area firms, contract cost and price, awarding
agency review, insurance and bonding
The Reclplent's procurement system must include but not be limited to the following
procurement standards
A. Procurement procedures which reflect applicable state and local laws and regulations,
provided that the procurements conform to applicable federal law and the standards identified in
this section
B. A contract adnumstrat~on system which ensures that subcontractors perform in accordance
with the terms, conditions, and specifications of their contracts or pumhase orders
C. A written code of standards of conduct governing the performance of employees engaged in
the award and adrmmstratlon of contracts No employee, officer, or agency of the Recipient shall
participate in selection or in the award or administration of a contract supported by state or
federal funds if a conflict of interest, real or apparent, would be involved
D A process for review of proposed procurements to avoid purchase of unnecessary or
duplicative Items
ARTICLE 3. COMPENSATION (cont.)
E. Use of state and local ~ntergovernmental agreements for procurement or use of common goods
and scrvtCeS to foster greater economy and efficiency
F Use of value engineering clauses m contracts for constructmn projects
G Awards made only to responstble contractors possessing the ablhty to perform successfully
under the terms and condtttons of a proposed procurement, gtwng cons~deratton to such matters
as R¢ctp~ent integrity, comphance wtth pubhc pohcy, record of past performance, and finanmal
and techmcal resources
It. Records suffiment to detml the stgmflcant htstory of a procurement, including rattonale for the
method of procurement, select,on of contract type, Remptent selectton or relectton, and the bas~s
for the contract price
L Llmtted use of t~me-and-matenals contracts
J. Use of good adrmmstrattve practice and sound business judgment to settle contractual and
admmtstratave issues arising out of procurements
K. Protest procedures to handle and resolve d~sputes relating to procurements and prompt
disclosure to the State of mformat~on regarchng the protest
L Procurement transacttons conducted tn a manner that provtdes full and open c~mpetmon
ARTICLE 10. REAL PROPERTY MANAGEMENT
The Recipient wtll comply wtth management standards set forth tn the "Uniform Adnumstratave
Reqmrements for Grants and Cooperative Agreements to State and Local Govemme~lts" (49 CFR
Part 18 31) m the acqms~tton, use, and dlsposttlon of real property acqmred under the grant The
State must concur m the award of all pumhase orders for nonexpendable personal property as
defined m 49 CFR Part 18 31
ARTICLE 11. EQUIPMENT MANAGEMENT
A The Remptent will comply with State management standards and wtth management standards
specffied m the "Umform Adrmmstrattve Reqmremants for Grants and Cooperatave Agreements
to State and Local Governments" (49 CFR Part 18 32) m the control, use, and dtspos~t~on of
eqmpment acqmred under this grant Management standards mclude
1 Mamtam eqmpment records that include a descnptton of the equipment, a serial number
or other tdentfficatton number, the soume of eqmpment, who holds title, the acqmsltton
date and cost of the eqmpment, pementage of federal and state pamcipataon m the cost of
the eqmpment, the locatton, use and concht~on of the equipment, maintenance history for
each vehtcle, and ultamate dxspostt~on data mcludmg the date of dxsposal and sale price
2. Conduct a physmal tnventory of the eqmpment at least once every two years and
reconctle the tnventory wtth equipment records described ~n the preceding paragraph
ARTICLE 11. EQUIPMENT MANAGEMENT (cont.)
3 Develop a control system to ensure adequate safeguards to prevent loss, damage, or theft
of the equipment Any loss, damage, or theft shall be investigated
4 Develop and follow procedures to keep the equipment maintained and in good condition
At a mlmmum, the Recipient shall follow the vehicle maintenance schedule
recommended by the manufacturer, showing the date the maintenance was performed
Maintenance records shall be provided to the State upon request
5 Request disposition instructions from the State, and if authorized to sell the equipment,
use proper sales procedures to insure the highest possible return
B The Recipient will comply with T~tle 43, Texas Administrative Code, §31 53, to protect the
public mvestment m real property and equipment purchased in whole or In part with state or
federal funds
C. In the event that project equipment is not used m the proper manner or is withdrawn from
public transportataon services, the Recip~ent shall immediately notify the State The State
reserves the right to direct the sale or transfer of property acquired under this Grant Agreement
upon detemunatlon by the State that said property has not been fully or properly used
D. When original or replacement equipment acquired under a grant is no longer n.eeded for the
original project or program or for other activities currently or previously supported by a federal or
state agency, the Recipient shall contact the State to request authority to dispose of the
equipment, and the State shall issue chsposltmn instructions in accordance with 49 CFR 18 32
E. All vehicles purchased under this Grant Agreement shall comply with the Motor Vehicle
Safety Standards established by the U S Department of Transportation
F. All vehicles purchased under th~s Grant Agreement shall comply with all federal motor
vehicle ants-pollution requirements
G All vehicles purchased under this Grant Agreement shall comply with 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 con~ract touching or
affecting the Federal or State interest in any project facility or eqmpment, nor shall the Recipient
by any act or omission of any lond adversely affect the Federal or State mterest or impair its
contanumg control over the use of project facilities or equipment
I. The Recipient shall comply with requirements set forth at 49 USC 5323(1) and 49 CFR 663
regardl~ag pre-award and post-dehvery audit requirements
ARTICLE 12. VEHICLE INSURANCE REQUIREMENTS
The Recipient shall ma~ntmn at least the minimum insurance coverage on all vehicles and other
non-expendable personal property as required by the insurance regulations of the State of Texas
7
ARTICLE 13. BUY AMERICA
The Recipient agrees to comply with applicable Buy America requirements set forth m 49 U S C
53230) and 49 CFR Part 661
ARTICLE 14. CARGO PREFERENCE
The Recipient will comply with the cargo preference requirements set forth in 46 U S C 1241
and Maritime Administration regulations set forth m 46 CFR Part 381
ARTICLE 15. COORDINATION
The Recipient will at all times coordinate the provision of public transportation services with
other transportation operators, both public and private, in the area The Recipient will furnish the
State copies of any agreement resulting from such coordination Agreements which authorize the
payment of project funds to another enUty are subject to the approval requirements described in
Article 5, Subcontracts
ARTICLE 16. LABOR PROTECTION PROVISIONS
A. The Recipient agrees to undertake, carry out and complete the project under the terms and
conditions deterrmned by the Secretary of the United States Department of Labor to be fmr and
equitable to protect the interests of employees affected by the project and meeting the
requirements of 49 U S C 5333(b) The Recipient shall maintain documentauon of compliance
efforts in accordance with retention and accessibility requirements set forth in Article 6,
Retention of Records
B. The Recipient agrees to the comply with applicable transit employee protective requirements
as required under the Transit Employee ProtecUve Agreements as set forth under 49 -
U S C §5310, §5311, and §5333 and 29 CFR Part 215
C. ff applicable, the Subreciplent shall comply with the labor protection provision attached
hereto and labeled Attachment D, Labor Protection
ARTICLE 17. CHARTER AND SCHOOL BUS OPERATIONS
A. Neither the Recipient nor any subcontractor acting on its behalf shall engage ia charter bus
operauons outside of the geographic area within which it provides regularly scheduled public
transportation service, except as provided under 49 CFR Part 604 9, and regulations pertaining to
Charter Service Operations set forth at 49 U S C 5323(d) and 49 CFR Part 604
The Recipient shall furnish a copy of any agreement entered into under these regulations to the
State no later than seven worlang days after the agreement is signed
B. Neither the Recipient nor any subcontractor acting on its behalf shall engage ~n school bus
operations exclusively for the transportation of students or school personnel in competition with
private school bus operators, except as provided under 49 U S C 5323(f) and 49 CFR Part 605
The Recipient shall furnish any agreement entered into under these regulations to the State no
later than seven working days after the agreement is signed
8
ARTICLE 15. MONITORING
A The State will monitor the progress of the project authorized m th~s agreement using
appropriate and necessary Inspecuons, including but not limited to periodic reports, physical
inspection of project faeflmes, telephone conversauons, letters, and conferences
B. The State shall momtor and conduct fiscal and/or program audits of the Remplent and its
contractors to verify the extent of services provided under the terms of the Grant Agreement
Representatives of the State or Federal government shall have access to project facilities and
records at all reasonable umes
C The State and the U S Department of Transportation, and any authorized representauve
thereof, have the right at all reasonable t~mes to tnspect or otherwise evaluate the progress of the
grant hereunder and the project premases
D. If any mspectton or evaluation ~s made on the premases of the Recipient or a subcontractor,
the Remp~ent shall provtde and reqmre the subcontractor to provide all reasonable famht~es and
assistance for the safety and convemence of the inspectors in the performance of their duties All
mspectmns and evaluations shall be performed m such a manner as will not unduly delay the
project
ARTICLE 19. REPORTS
A The Remptent shall submit written or electromc reports at intervals and m a fdrmat proscribed
by the State
Quarterly Operating Report - No later than 15 workdng days after the end of the quarter
or which the report is made, the Recipient shall submit an actav~ty report to the State At
a nummum, the quarterly operating report will include the number of veh~cle~un
operatxon, total one-way passenger trips, total males traveled, total expenses, ~ncludmg
admamstraUve and operating expenses, revenue, including fares and donattons, operating
cost per vehicle male, operaUng cost per passenger trip, and number of passengers per
rmle traveled The State may require more frequent operating reports for reasons of tts
own, or ff the Recipient does not provide the reports m a timely manner or ff the reports
red,cate unfavorable trends
2 Status of Procurements - If the grant includes the pumhase of vehicles or other capital
eqmpment, the Remp~ent shall submat a quarterly report consisting of a brief narratave
mcludmg but not hmated to procurement milestones, including date of purchase order,
vendor name and location, and estimated dehvery date
3 Status of Constmctmn - If the grant includes constmcuon, the Recipient shall submit
quarterly narrative reports whmh include but are not limited to the progress of
construction
B. Regardless of the type of assistance included m the grant, the Recipient shall promptly adwse
the State m writing if at any ume the progress of the prolect will be negatively or positively
impacted, including
9
ARTICLE 19. REPORTS (cont)
C. Problems, delays or adverse conditions that will materially affect the Rec~plent's ability to
att/un program objectaves, prevent the meeting of time schedules and goals, or preclude the
attainment of project work units by established nme penods This d~sclosure shall be
accompanied by a statement of the action taken, or contemplated, by the Rec~pient and any State
assistance needed to resolve the situation
D Favorable developments or events that will enable the Recipient to meet time schedules and
goals sooner than anticipated or produce more work umts than originally projected
E. Every,two years, or more frequently when instructed by the State, the Recipient shall conduct
a physical inventory of grant-supported property as set forth in Article I 1, Equipment
Management, and furnish the State a copy of the inventory
F. The Keclpient shall develop performance goals and management objectives m accordance
w~th Title 43, Texas Admtmstrattve Code, §31 36
G. The Recipient shall m~unta~n written maintenance records for each grant-supported vehicle,
and shall make such records avmlable to the State upon request As a nummum, the Recip~ent
shall comply with the manufacturers recommended maintenance schedule
ARTICLE 20. DISPUTES AND REMEDIES
A. The Recipient shall be responsible for the settlement of all contractual and ad~nmstrat~ve
issues arising out of procurements entered in support of the grant
B. Any dxspute concerning the work hereunder, addmonal costs, or any other non-procurement
issue shall be settled in accordance with Title 43, Texas Admtntstrattve Code, §9 2
C. This,agreement shall not be considered as specifying the exclusive remedy for any default, but
all remethes exlstmg at law and in equity may be avmled of by either party and shall be
cumulative
ARTICLE 21. TERMINATION
A. The State may temunate this Grant Agreement at any t~me before the date of compleuon
whenever it is detenmned that the Rec~piant has failed to comply with the conditions of the Grant
Agreement The State shall give written notice to the Recipient at least thirty days prior to the
effective date of tenmnatmn and specify the effectave date of ternunatlon, the reason for the
ternunataon, and other termlnataon instructions
B. If both parties to this Grant Agreement agree that the contmuauon of the grant would not
produce beneficial results commensurate wath the further expenditure of funds, the parties shall
agree upon the terrmnaUon eonchtlons, including the effective date In the event that both pames
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 nonce m writing one
to the other for reasons of its own and not subject to the approval of the other party In the event
of termmaUon for convemence, neither the State nor the Rectp~ent shall be subject to addluonal
habflity except as otherwise prowded m this agreement
10
ARTICLE 21. TERMINATION (cont.)
D. Upon tenmnation of thus Grant Agreement, whether for cause or at the convemcnce of the
parties hereto, title to all property and equipment remams with the Recipient subject to the
obhgaUons and condmons set forth tn this Grant Agreement and 49 CFR 18 31 and 18 32, unless
the state or federal funding agency issue dlsposmon mstmctions to the contrary
E In the event of termmaUon, the State may compensate the Recipient for those eligible
expenses recurred during the grant period which are directly atmbutable to the completed portion
of the grant covered by this Grant Agreement, provided that the grant has been completed m
accordance with the terms of the Grant Agreement The Recipient shall not incur new obligations
for the terrmnated pomon after the effective date of tenmnauon
F Except wath respect to defaults of subcontractors, the Remplent shall not be in default by
reason of any failure in performance of this Grant Agreement in accordance wath ars terms
(including any failure by the Rempaent to progress in the performance of the work) ff such failure
arises out of causes beyond the control and wathout the default or negligence of the Recapaent
Such causes may include but are not limited to acts of God or of the pubhc enemy, acts of the
Government in eather its sovereagn or contractual capacaty, fires, floods, epldemacs, quarantane
restnctmns, strikes, freaght embargoes, and unusually severe weather In every case, however, the
failure to perform must be beyond the control and without the fault or negligence of the
Rempaent
ARTICLE 22. NONDISCRIMINATION ON THE BASIS OF DISABILITY
The Recapaent agrees that no otherwase quahfied person wath dasabflaty(s) shall, solely by reason
of has/her dasabfllty, be excluded from partacapatton m, be demed the benefits of, or otherwase be
subject to dascnmmataon under the project The Recipient shall insure that all fixed facflaty
construction or alteration and all new equipment included in the project comply wath apphcable
regulations set forth at 49 CFR 27, Nondlscnmanat~on on the Basis of Handicap m Programs and
AcUvitles Receavang or BenefiUng from Federal Flnancml Assistance, and the Americans wath
DlSabflltaes Act
ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE PROGRAM
REQUIREMENTS
It is the pohcy of the United States Department of Transportation (USDOT) that Dasadvantaged
Business Enterprises (DBE) as defined in 49 CFR Part 26 shall have the oppormmty to
partaclpate in the performance of contracts financed tn whole or m part wath Federal funds
Consequently, the DBE and the Department DBE Program reqmrements of 49 CFR Part 26 apply
to this grant agreement as follows
I The Subrecipaent and any subcontractor will offer DBEs, as defined in 49 CFR Part 26
Subpart A, the opportunity to compete fmrly for contracts and subcontracts financed in whole
or m part with Federal funds In this regard, the Subreciplent shall make a good faith effort to
meet the DBE goal for this grant agreement
2 The Subrecapaent and any subcontractor shall not dascnmlnate on the basis of race, color,
national ongan or sex tn the award and performance of contracts funded in whole or an part w~th
Federal funds The Subrempient and any subcontractor shall carry -out
11
ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE PROGRAM
REQUIREMENTS (cont.)
3. applicable requirements of 49 CFR Part 26 in the award and administration of USDOT
assisted contracts
4. These requirements shall be physically included in any subcontract
5. The percentage goal for Disadvantaged Business Enterprise participation in the activities to
be performed under this grant agreement is a minimum of 3% of the Contract dollars
available for contracting opportunities as set forth in 49 CFR Part 26
6. Failure to carry out the requirements set forth above shall constitute a material breach of this
grant agreement and, after the noUflcatlon of the State, may result in termmaUon 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 1 t246 titled "Equal Employment
Oppormmty" as amended by Execuuve Order 11375 and as supplemented in Department of
Labor Regulations 41 CFR Part 60
ARTICLE 25. AFFIRMATIVE ACTION
The Recipient warrants that affirmative action programs as required by the rules.and regulations
of the Secretary of Labor 41 CFR 60-1 and 60-2 have been developed and are on file
ARTICLE 26. CLEAN AIR AND WATER
I/the Grant Agreement exceeds $100,000, the Recipient will comply with all applicable
standards, orders or requirements issued under Section 306 of the Clean Air Act (42'U S C 7401
et seq ), Sec/non 508 of the Clean Water Act (33 U S C 1368), Executive Order 11738, and
Envlrom'aental Protection Agency regulations (40 CFR, Part 15) The Recipient further agrees to
report violations to the State
ARTICLE :17. ENERGY EFFICIENCY
The Reclp~ent will recogmze standards and policies relating to energy efficiency, which may be
contained m a State energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (P L 94-163)
ARTICLE 28. SUBSTANCE ABUSE
A. The Recip~ent agrees to estabhsh and implement a drug and alcohol testing program that
complies with 49 CFR Parts 653 and 654, produce any documentation necessary to establish its
comphance w~th Parts 653 and 654, and pernut any authorized representative of the U S
Department of Transportation or the Stateto inspect the facilities, testing process, and records
associated with the implementation of the drug and alcohol testing program as required under 49
CFR Parts 653 and 654
B The Rec~pient will certify compliance with 49 CFR Parts 653 and 654 on or before September
1 of each year
12
ARTICLE 28. SUBSTANCE ABUSE (cont.)
C. The Recipient will submit a copy of the required Management Information System (MIS)
reports on or before March 15 each year
ARTICLE 29. FEDERAL PRIVACY ACT
A. The Recipient will comply with and assures the compliance of its employees with the
mfonnatlon restrictions and other applicable requirements of the Privacy Act of 1974, 5 USC
§552a The Recipient will not operate a system of records on behalf of the federal government
without the express consent of the State and Federal Government The Remplent understands
that the requirements of the Privacy Act, including the civil and criminal penalties for violation
of that Act, apply to those individuals involved, and that fmlure to comply with the terms of the
Privacy Act may result in termination of the underlying Grant Agreement
B. The Recipient also agrees to include these requirements In each subcontract to adrmmster any
system of records on behalf of the federal government financed ~n whole or m part with federal
assistance provided by PTA
ARTICLE 30. PROHIBITED ACTIVITIES
A Neither the Recipient nor any subcontractor shall use federal or state assistance funds for
pubhclty or propaganda purposes designed to support or defeat legislation pending before
Congress or the Texas Legislature
B No member of or delegate to the Congress of the United States shall be admitted to any share
or part of th~s Grant Agreement or to any benefit arising therefrom
C. No member, officer or employee of the Rectp~ent dunng his tenure or one year thereafter shall
have any interest, direct or md~rect, m th~s Grant Agreement or the proceeds thereof
D Texas Transportation Comnussion pohcy 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 busmess with the State under this Grant
Agreement The only exceptions allowed are orchnary business lunches and ttems that have
received the advanced written approval of TxDOT's Executive Director Any persons doing
business w~th or who may reasonably speakdng do business with the State under this Grant
Agreement may not make any offer of benefits, gifts or favors to TxDOT employees, except as
mentioned here above Fmlure on the part of the Remp~ent to adhere to this pohcy may result in
the termination of this Grant Agreement
E. The Recipient will comply with Texas Government Code, Chapter 573, by ~nsunng that no
officer, employee or member of the Reclplent's governing board or of the Remptent's contractors
or subcontractors shall vote or confirm the employment of any person related within the second
degree by affinity or third degree by consangmmty to any member of the governing body or to
any other officer or employee authorized to employ or supervise such person This prohibition
shall not prohibit the employment of a person who shall have been continuously employed for a
period of two years prior to the election or appointment of the officer, employee, governing body
member related to such person in the prohlbltod degree
13
ARTICLE 31. PUBLIC INFORMATION
The Recipient will insure that all information collected, assembled or mmntained by the applicant
relative to this project shall be avadable to the public during normal business hours in
compliance with Texas Government Code, Chapter 552 unless otherwise expressly provided by
law
ARTICLE 32. OPEN MEETINGS
The Recipient will comply with Texas Government Code, Chapter 551, which requires all
regular, special or called meetings of governmental bodies to be open to the public, except as
otherwise provided by law or specifically permitted in the Texas Constitution
ARTICLE 33 INDEMNIFICATION
A To the extent possible by law, the Recipient shall indemnify and save harmless the State from
all clmms and liability due to activities of its agents, employees or volunteers performed under
this agreement and which result from an error, omission or negligent act of the Recipient or of
any person employed by the Recipient
B. To the extent possible by law, the Recipient shall also save harmless the State from any and
all expenses, mcluchng attorney fees, which rmght be incurred by the State in htlgation or
otherwise resisting smd claim or hab~htles which rmght be imposed on the State as a result of
activities by the Recipient, its agents, employees or volunteers
C To the extent possible by law, the Recipient agrees to protect, lndemmfy, 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 resulting from any alleged negligent act, by either cor~mlssion or
omission on the part of the Recipient
D The Recipient acknowledges that ~t is not an agent, servant or employee of the State and that it
is responsible for its own acts and deeds and for those of ~ts agents, employees or volunteers
during the performance of the Grant Agreement
ARTICLE 34. INTELLECTUAL PROPERTY RIGHTS
If any mventaon, improvement or discovery of the Recipient or any of ~ts subcontractors is
conceived or first actually reduced to practice in the course of or under this grant, which
invention, improvement or discovery may be patentable under the Patent Laws of the United
States of America or any foreign country, and d sa~d invention, ~mprovement or discovery has
not already become the property of the State, the Recipient shall immediately notify the State and
provide a detmled report The rights and respons~hlhties of the State, the Recipient, any
subcontractor and the United States Government with respect to such invention will be
deterrmned ~n accordance with applicable laws, regulations, pohc~es and any waivers thereof
Further, the Recipient shall comply with the provisions of 41 CFR, Part 1-9 The State and the
U S Department of Transportation shall have the royalty-free, non-exclusive and irrevocable
right to reproduce, publish or otherwise use, and to authorize others to use the work for
government purposes
14
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'
compensation laws, minimum and maximum salary and wage statutes and regulations,
nondiscrimination laws and regulations, and licensing laws and regulations When required, the
Recipient shall furnish the State with satisfactory proof of compliance therewith
ARTICLE 36 NONCOLLUSION
The Recipient warrants that it has not employed or retained any company or person, other than a
bona fide employee working for the firm, to solicit or secure this grant, and that it has not paad or
agreed to pay any company or person, other than a bona fide employee, any fee, commission,
percentage, brokerage fee, gift or any other consideration contingent upon or resultang from the
award or making of this grant If the Recipient breaches or violates this warranty, the State shall
have the right to annul this agreement without liability or, in its discretion, to deduct from the
grant price or consideration, or otherwise recover, the full amount of such fee, comnusslon,
brokerage fee, gift, 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 prohibits Recipients of federal funds from using those monies for lobbying
purposes When applicable, the Recipient will furnish the State the required certification
ARTICLE 38. SUSPENSION AND DEBARMENT
The terms of the Department of Transportation regulation, "Suspension and Debarment of
participants in DOT Financial Assistance Programs," set forth in Executive Order 12549 and
implemented by 49 CFR Part 29, are applicable to this Grant Agreement Furthermore, any
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 certtflcataon furnished as part of the apphcat~on is current and valid
ARTICLE 39. NONDISCRIMINATION
The Recipient shall comply with the nondlscnmlnatlon provision attached hereto and labeled
Attachment C, Nondiscnrmnataon
ARTICLE 40. DELINQUENT TAX CERTIFICATION
Pursuant to Article 2 45 of the Business Corporation Act, Texas Civil Statutes, which proh~bits
the State from awarding a contract to a corporation that Is delinquent in paying taxes under
Chapter 171, Tax Code, the Recipient hereby certifies that it ~s not delinquent in its
Texas franchise tax payments, or that it is exempt from or not subject to such tax A false
statement concerning the Reciplent's franchise tax status shall consutute grounds for cancellation
of the Grant Agreement at the sole optaon of the State
~5
ARTICLE 41. PROGRAM INCOME
A. Except for income from royalties and proceeds from the sale of real property or equipment,
the Reclplent shall retain program income and apply such income to allowable capital or
operating expenses Program income from royalties and proceeds from sale of real property or
equipment shall be handled as specified in 49 CFR 18 34 (Copyrights), 49 CFR 18 31 (Real
Property) and 49 CFR 18 32 (Equipment)
B The Recipient shall comply with standards govermng the receipt and application of program
income as set forth m 49 CFR 18 25, Program Income Program income means gross income
received by the Recipient directly generated by a grant supported activity, or earned only as a
result of this Grant Agreement during the time per~od specified in Article 1, Grant Period
C Program ~ncome ~ncludes income from fees for services performed, from the use or rental of
real or personal property acquired with grant funds, from the sale of commodities or items
fabricated under a Grant Agreement, and from payments of pnnc~pal and interest on loans made
with grant funds Except as otherwise provided m federal regulations, program income does not
include grant funds, rebates, credits, discounts, refunds, and the interest earned on any of these
receipts
ARTICLE 42. SUCCESSORS AND ASSIGNS
The Recipient binds himself, his successors, assigns, executors and adrmnlstrator, s m respect to
all covenants of th~s agreement The Recip~ent shall not sign, sublet or transfer his interest in this
agreement without the written consent of the State
ARTICLE 43. LEGAL CONSTRUCTION
In case any one or more of the provisions contained in this agreement shall for any rekson be held
to be mval~d, illegal or unenforceable ~n any respect, such invalidity, illegality or unenfurceabll~ty
shall not affect any other provision thereof and this agreement shall be construed as if such
invalid, illegal or unenforceable provision had never been contained herein
ARTICLE 44. CHANGES IN FEDERAL REGULATIONS
As a Recipient of federal funds, the Recipient is required to comply with all applicable FTA
regulations, policies, procedures and directives, including without limitation those listed d~rectly
or by reference in the agreement (Form PTA MA (2) dated October, 1995) between Purchaser
and FTA, as they may be amended or promulgated from nme to time during the term of this
Grant Agreement Reclpient's failure to so comply shall constitute a material breach of th~s Grant
Agreement
ARTICLE 45. PRIOR AGREEMENTS
Th~s agreement constitutes the sole and only agreement of the parties hereto and supersedes any
prior understandings or written or oral agreements between the parties respecting the pubhc
transportation grant specdlcally authorized and funded under this agreement
16
ARTICLE 46. INCORPORATION OF FEDERAL REQUIREMENTS
This Grant Agreement includes terms and conditions required by the U S Department of
Transportation All contractual provisions required by the U S Department of Transportation, as
set forth in FTA Circular 4220 iD, dated April 15, 1996, are hereby incorporated by reference
Notwithstanding anything herein to the contrary and except as provided ~n State law, all FTA
mandated terms shall be deemed to control in the event of a conflict with other provisions
contained in this agreement
The Recipient shall not perform any act, fall to perform any act, or refuse to comply w~th any
State request which would cause the State to be in violation of federal terms and conditions or
state law
ARTICLE 47. SPECIAL PROVISIONS FOR CONSTRUCTION AND REPAIR
A. Work Hours and Safety Standards
The Recip~ent 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 "Anta-gackback" Act
The Recipient agrees to comply with the Copeland "Antl-gackback" Act (18 U S,C 874) as
supplemented m Department of Labor regulations (29 CFR, Part 3)
C. Davis-Bacon Act
The Reelpient 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. Relocataon and Land Acqmsltmn
The terms of the U S Department of TransportaUon regulations "Uniform Relocation and Real
Property Acqmslt~on for Federal and Federally Assisted Programs" 49 CFR Part 25 are
applicable to this Grant Agreement
E. Insurance and Bonchng
The Recipient shall comply w~th insurance and bonding requirements as established in 49 CFR
Part 18
Fo SlguS
The Recipient shall cause to be erected at the site of construction, and rnmntalned during
construction, signs satisfactory to the State and the U S Department of Transportauon
ldentIi~mg the project and indicating that the Government is participating in the development of
the project
G. Selsmlc Safety
The Remp~ent agrees that any new building or addition to an existing building will be designed
and constructed in accordance with the standards for Seismic Safety required in U S Department
of Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to
the extent required by the regulation The Recipient also agrees
17
ARTICLE 47. SPECIAL PROVISIONS FOR CONSTRUCTION AND REPAIR (cont.)
to ensure that all work performed under this Grant Agreement including work performed by a
subcontractor ts m eomphance with the standards reqmred by the Seismic Safety Regulations and
the certification of comphance issued on the project
ARTICLE 48. YEAR 2000 COMPLIANCE
A. The Subrectp~ent shall have the techmcal capabihty to commence, carry out, and complete
the pubh~ transportation project described tn this grant agreement Techmcal capabthty mcludes
using a s~stem or systems to carry out the public transportation project that complies with
Year 2000 requirements "System" or "systems" includes, but ts not hmlted to, any hardware,
software, firmware, embedded systems, and/or micro code used by the Subrectplent to carry out
and complete the pubhc transportation project, and includes those systems used for financial
management, equipment management, and contract administration
B The Subrecip~ent certifies that the system or systems used to carry out the public
transportation project described tn this grant agreement shall be able to accurately process date
data contammg a four d~glt year, a two digit month and a two digit day, or, when ordinal dates
are used, the ISO standard format of CCYYDDD, without requtrmg intervention by the
Subrectpient or its personnel Accurate processing of date data includes a successful translataon
into the Year 2000 with the dates described in tlus article (e g, CC/YYfMM/DD) without human
intervention The Subreelpient certifies that the system or systems will operate so that all
mampulattons of t~me related data will produce desired results for all valid date values within the
apphcataon domain, and that no value for the current date will cause interruptions in the desired
operation, especially from the 20th to the 21 st centuries The Subrectplent also certifies that the
system or systems possess capabthues such that date elements m interfaces and data storage
perrmt specifying century to ehmanate date ambiguity, and that for any date element ~,ithout
century, the correct century is unambiguous for all mampulatlons involving that element
C This certification shall contmue m effect for the duration of this grant agreement Nothing tn
this cert~ficataon shall be considered to hmtt any rights or remedies the State may otherwise have
under this grant agreement with respect to performance deflctencles other than Year 2000
performance
18
ARTICLE 49. SIGNATORY WARRANTY
The undersigned signatory for the Subreclp~ent hereby represents and warrants that he/she ts an
officer of the orgamzat~on for which he/she has executed th~s agreement and that he/she has tull
and complete authorlty to enter ~nto th~s agreement on behalf of the organization
IN TESTIMONY WHEREOF, the part~es hereto have caused these presents to be executed ~n
duphcate counterparts
THE STATE OF TEXAS
Certified as being executed for the purpose and effect of acttvatlng and/or carrying out the orders,
estabhshed pohe~es, or work programs heretofore approved and authorized by the Texas
Trar~ort~lon Co,m~rm§s~on u,~der the authority of Minute Order,.}0/7876 /
~ ~'l~ Date
Jay R ~lsontP E, Dallas D~strlct Engineer
RECIPIENT
-vo' I/I II I I
Typed or Pnnted Name
Recipient Name City of Denton
19
ATTACHMENT A
PROJECT DESCRIPTION
FY 2000 CONTRACTOR: City of Denton
Service Area: Please define, describe, or attach a map of the area to be served under th~s
grant agreement
Denton urbanized area to be served
Service Type and Number of Routes to be run' Based upon the characterizations
below, please indicate the number of routes provided under this grant agreement Please
check NA where Not Applicable
~' ~ ~ ~?
'~ F~xed Routes
~/ Paratransxt (required
F~xed Route provided)
Demand Response
Route Devlatnon
Other (please specify)
Days / Hours of Operatxon: Please md~cate the days and hours of operataon provided
under th~s grant agreement Monday - Friday, 6am - 7pm
Saturday, 9am - 3pm
Fare Structure: Please prowde the fare structure, which wdl be in effect for this grant
agreement F~xed Route - Adults $0 75, Chddren $0 50, E&D $0 35
Paratranslt - $1 50 per trip
Capital Purchases If you are acqumng vehicles under this grant agreement, as tnd~cated
on Attachment B - Contract Budget, please mdxcate below, for each vehicle, whether the
vehicle ~s for replacement, service expansion, new service, or check "No vehtcles to be
Acquired"
VeI~icle Type
2 Type 3s
~No Vehicles to be Acqmred through
tMs Grant Agreement
Page 1_ of 2
3 ProJect Description
a Describe the general services to be prowded Indtcate the relanonstup of transportation to
other servaees (tf appropnate)
Denton Public Transit pro. des wansit services m the Denton ufloamzcd area on four fixed routes wluch serve
restdenual neighborhoods, major shopping areas, the two umversitaes, mechcal facuhtaes, most public schools the
central business d~smct and ma.lor employment areas In add~Uon to the fixed route lfft-eqtupped vans are used to
provided complimentary paratransit services (door to door transit serwces) for ~hsabled mchwduals who are unable
to access the fixed mute
b Describe the general populanon of the proposed serwce area m terms of age, income, ere, as
stated m the most recent census data
According to the 1990 Census, Denton's populatmn at that time was 66,270 When wewed by
age group e~ght percent (8%) of the populaUon was under the age of 6 and e~ght percent (8%)
was 65 and over The remaining stax'y-four percent (64%)of the populaUon were cluldren ages 6
- 18 (15%) and adults under the age of 65 (69%) The median household income for thate
persons m 1989 was $23,156 and median family income was shghtly lugher at $35,~/,~,
In terms of means of transportation to work, a total of 25,729 persons drove alone to work,
4,2)3 reported partm~patmg m a earpool and 3,599 traveled to work by other means
I20F21
ATTACHMENT c-NONDISCRIMINATION
During the performance of this Grant agreement, the Recipient, for itself, its assignees and
successors In interest agrees as follows
1 Compliance with Regulations The Recipient shall comply with the regulations relative to
nondiscrimination in federally assisted programs of the U S Department of Transportation
(hereinafter U S DOT) 49 CFR Part 21 and with 23 CFR Part 710 405(b), as they may be
amended from time to time (hereinafter referred to as the Regulation), which are herein
incorporated by reference and made a part of this grant agreement
2 Nondiscrimination: The Recipient, with regard to the work performed by it during the grant
agreement, shall not chscnmmate on the grounds of race, color, sex, creed, age or national origin
in the selection and retention of subcontractors, including procurement of materials and leases of
equipment The Recipient shall not participate either directly or indirectly in the discrimination
prohibited by section 21 5 of the Regulations, including employment practices when the grant
agreement covers a program set forth in Appendix B of the Regulation
3 Solicitation for Subgrant agreements, Including Procurement of Materials and
Equipment: In all solicitations either by competitive bidding or negotiation made by the
Recipient for work to be performed under a subcontract, including procurement of materials or
leases of eqmpment, each potential subcontractor or supplier shall be notnfied by the Recipient of
the Reclplent's obhgat~ons under this grant agreement and the Regulation relative, to
nonthscrinunataon on the grounds of race, color, sex, creed, age or national origin
4 Information and Renorts: The Recipient shall provide all information and reports required
by the Regulataon or directives issued pursuant thereto, and shall permit access to its books,
records, accounts, other sources of information, and its facilities as may be detenmne~i by the
State or the Federal Transit Administration (FTA) to be pertinent to ascertain compliance with
such Regulation, orders and instructions Where any information required of a Recipient is in the
exclusive possession of another who fails or refuses to furnish this information, the Recipient
shall so certnfy to the State, or the Federal Transit Administration, as appropriate, and shall set
forth what efforts it has made to obtmn the information
5 SancBons for Noncompliance' In the event of the Reclpient's noncompliance, with the
nondlscnrmnatlon provisions of this grant agreement, the State shall ~mpose such sanctions as it
or the Federal Transit Administration may determine to be appropriate, mcluthng, but not limited
to
(a) Withholding of payments to the Recipient under the grant agreement until the Recipient
complies, and/or
(b) Cancellation, termination or suspension of the grant agreement, in whole or in part
6 Incorporation of Provislons The Rempient 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 direcuves issued pursuant thereto The Recipient shall take
such action with respect to any subcontract or procurement as the State or the Federal Transit
Admlmstratlon may direct as a means of enforcing such provisions including sanctions for
noncompliance Provided, however, that, m the event a Recipient becomes mvotved m, or ~s
threatened with, htlgation w~th a subcontractor or suppher as a result of such d~rectlon, the
Recipient may request the State to enter Into such l~t~gat~on to protect the interests of the State,
and, ~n addition, the Re¢~plent may request the Umted States Department of Transportation to
enter tnto such l~t~gatton to protect the interests of the Umted States
Attachment D, Labor Protection
LANGUAGE FOR INCORPORATION INTO
THE CONTRACT OF ASSISTANCE
The Pubhc Body, City of Mesquite, agrees that the following terms and condltlons shall apply for
the protection of employees in the mass passenger transportation industry m the area of the
project
I The project shall be carried out ~n such a manner and upon such terms and condmons as will
not adversely affect employees m the mass passenger transportation industry w~thln the
service area of the project
2 All rights, pnwleges, and benefits 0ncludmg pension nghts and benefits) of employees
(including employees already reured) shall be preserved and continued
3 The Pubhc Body shall be financtally responsible for any deprivation of employment or other
worsening of employment pos~t~on as a result of the project
4 In the event an employee ~s terminated or lind off as a result of the project, he shall be granted
priority of employment or reemployment to fill any vacant postuon for which he or she is, or
by trmmng or retrmnmg can become, qualified In the event trmmng is reqmred by such
employment or reemployment, the Pubhc Body shall prowde or provide for such trmmng or
retralmng at no cost to the employee
5 Any employee who is lind off or otherwise deprtved of employment or placed ~n a worse
pos~tion wtth respect to compensation, hours, working conditions, fringe benefits, or rights
and privileges pertmmng thereto at any time during his or her employment as a result of the
project, mcludlng any program of effic~enctes or economies d~rectly or mchrectly related
thereto, shall be entitled to recetve any apphcable rights, pnvtleges and benefits as specified
In the employee protecuve arrangement certified by the Secretary of Labor under Section 405
(b) of the Raft Passenger Service Act of 1970 on April 16, 1971 An employee shall not be
regarded as deprived of employment or placed m a worse poslt~on w~th respect to
compensation, ere, m case of h~s or her resignation, death, retirement, d~srmssal for cause, or
failure to work due to disability or d~sciphne The phrase "as a result of the project" as used
herein shall tnclude events occurring m antm~patlon of, during, and subsequent to the project
6 In the event any provision of these condmons ~s held to the invalid or otherwise
unenforceable, the Pubhc Body, the employees and/or their representatives may invoke the
jurisdiction of the Secretary of Labor to determine substitute fair and equitable employee
protective arrangements which shall be incorporated m these conditions
7 The Pubhe Body agrees that any controversy respecting the project's effects upon employees,
the lnterpretatlon or apphcation of these conditions and the disposition of any claim arising
hereunder may be submitted by any party to the dispute including the employees or their
representative for determination by the Secretary of Labor, whose decision shall be final
8 The Public Body shall maintain and keep on file all relevant books and records in sufficient
detail as to provide the basic information necessary to the making of the decisions called for
in the preceding paragraph
9 The Pubhc Body will post, in a prominent and accessible place, a notice stating that the
Public Body is a recipient of Federal assistance under the Federal Transit Act and has agreed
to comply with the provisions of 49 U S C, Section 5333 (b)
"The notice shall also specify the terms and conditions set forth herein for the protection of
employees"