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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"