HomeMy WebLinkAboutRES 01-208 RESOLUTION NO. 01-208
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a contract with the
Texas Department of Transportation for the City of Beaumont to receive State Public
Transportation Funds in the amount of$524,863, as shown in Exhibit "A"
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of
September, 2001.
- Mayor -
SUBRECIPIENT: City of Beaumont
STATE/LOCAL PUBLIC TRANSPORTATION (SECTION 5307 Subprovider) GRANT AGREEMENT
GRANT AGREEMENT NO.: URB 0201 (20)
STATE PROJECT NO. 51220E1004
Service Area: City of Beaumont
STATE/LOCAL URBAN PUBLIC
TRANSPORTATION GRANT AGREEMENT
THE STATE OF TEXAS §
THE COUNTY OF TRAVIS §
THIS GRANT AGREEMENT is made by and between the State of Texas, acting through the Texas
Department of Transportation, hereinafter called the "State," and the City of Beaumont, hereinafter
called the "Subrecipient."
WITNESSETH
WHEREAS, Transportation Code, Chapter 455, authorizes the State to assist the Subrecipient in
procuring aid for the purpose of establishing and maintaining public and mass transportation projects
and to administer funds appropriated for public transportation under Transportation Code, Chapter
456; and,
WHEREAS, the Subrecipient, as a 49 U.S.C. Section 5307 urban provider, submitted an application
for state financial assistance to be used to provide transportation services as described in Attachment
A; and,
WHEREAS, the Texas Transportation Commission has approved the request Minute Order Number
108566;
NOW, THEREFORE, in consideration of the premises and of the mutual covenants hereinafter set
forth, the State and the Subrecipient hereto agree as follows.
AGREEMENT
ARTICLE 1. GRANT PERIOD
This grant agreement becomes effective when fully executed by both parties, or on September 1,
2001, whichever is later. This grant agreement shall terminate on August 31, 2002, unless terminated
or otherwise modified as hereinafter provided.
ARTICLE 2. PROJECT DESCRIPTION
The Subrecipient shall commence, carry out and complete the public transportation project described
in Attachment A, Approved Project Description, with all practicable dispatch, in a sound, economical
and efficient manner. The Subrecipient shall carryout the public transportation project described in
Attachment A, Approved Project Description in accordance with the provisions of the Project
Description, this grant agreement, federal and state law, and federal and state regulations.
If applicable, the Subrecipient shall begin competitive procurement procedures no later than thirty
(30) days after the effective date of this grant agreement for the purchase of the approved line item(s)
referenced in Attachment B, Approved Project Budget. No later than sixty (60) days after the issuance
of public notification, the Subrecipient shall publicly open all bids. The Subrecipient shall issue a
EXHIBIT "A"
purchase order no later than thirty (30) days after the opening of an acceptable bid. The Subrecipient
shall notify the department in writing when it is necessary to exceed these deadlines.
ARTICLE 3. COMPENSATION
A. The maximum amount payable under this grant agreement without modification is $524,863.00
provided that expenditures are made in accordance with the amounts and for the purposes
authorized in Attachment A, Approved Project Description and Attachment B,Approved Project
Budget.
B. The State's reimbursement to the Subrecipient is contingent upon the availability of appropriated
funds. The State shall have no liability for any claims submitted by the Subrecipient or its
subcontractors, vendors, manufacturers or suppliers if sufficient federal or state funds are not
available to pay the Subrecipient's claims.
C. To be eligible for reimbursement under this grant agreement, a cost must be incurred within the
grant agreement period specified in Article 1, Grant Period, and be authorized in Attachment A,
Approved Project Description and Attachment B,Approved Project Budget.
D. The Subrecipient must submit requests for reimbursement to the State no more frequently than
monthly and no later than forty-five (45) days after the date of the invoices submitted for
reimbursement. The Subrecipient will use invoice statements acceptable to the State. Additional
documentation to support any cost incurred during the billing period may be required at the
discretion of the State. As a minimum, each billing must be accompanied by a summary by
budget line item which indicates the total amount authorized for each line item, previous
expenditures, current period expenditures and the balance remaining in the line item.
E. The original and one copy of the invoice is to be submitted to the following address:
Walter Crook, District Engineer
Texas Department of Transportation
8350 Eastex Freeway
Beaumont, Texas 77708-3468
F. The State will make payment within thirty (30) days of the receipt of properly prepared requests
for reimbursement.
G. The Subrecipient will submit a final billing within forty-five (45) days of the completion or
termination of the grant agreement in accordance with Article 1, Grant Period.
H. The Subrecipient shall pay all subcontractors for work performed within ten (10) days after the
Subrecipient 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 ten (10) days after
the Subrecipient receives any retainage payment. The State shall not be responsible for the
debts of the Subrecipient.
The above requirements are also applicable to all sub-tier subcontractors and the above provisions shall be
made a part of all subcontracts.
Failure to comply with any of the above requirements may cause withholding of payments to the
Subrecipient and will be grounds for termination of this grant agreement by the State.
ARTICLE 4. AMENDMENTS
A. Except as noted below, changes in the scope, objectives, cost or duration of the project
authorized herein shall be enacted by written amendment approved by the parties hereto before
additional work may be performed or additional costs incurred. Any amendment so approved
must be executed by both parties within the grant period specked in Article 1, Grant Period.The
Subrecipient is authorized to re-budget without a formal amendment when the proposed revision
involves an increase in one category and a corresponding 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 or state
funding 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; and,
6. Does not involve a transfer of funds from a direct to indirect cost category.
C. If a proposed revision meets all of the criteria listed above, the Subrecipient must notify the State
in writing before the revision is made, describing the revision, explaining the need, and certifying
that it complies with the above criteria.
ARTICLE 5. SUBCONTRACTS
The Subrecipient shall not enter into any subcontract with individuals or organizations for the
purchase of equipment and/or to provide professional services without prior authorization and
consent to the subcontract by the State. Subcontracts in excess of$25,000 shall contain all required
provisions required by state or federal law. Subrecipients shall furnish the department notice of the
intent to award a purchase order or contract to any individuals or organizations not a part of the
Subrecipient's organization when the amount of the purchase meets or exceeds the threshold level in
the Government Code or Local Government Code (or $15,000 for those entities not covered by the
Government Code or Local Government Code) requiring formal competitive procurement. Purchases
shall not be split out to stay below the threshold amount. No subcontract will relieve the Subrecipient
of its responsibility under this grant agreement.
ARTICLE 6. AUDIT REQUIREMENTS
Subrecipient audit procedures shall meet or exceed the audit requirements outlined in applicable
Federal Office of Management and Budget (OMB) publications as follows:
OMB Circular A-21, Cost Principles for Educational Institutions
OMB Circular A-87, Cost Principles for State and Local Governments
OMB Circular A-122, Cost Principles for Nonprofit Organizations
OMB Circular A-133, Audits of States, Local Governments and Non-Profit Organizations
ARTICLE 7. PROCUREMENT STANDARDS
Subrecipient procurement standards shall meet or exceed the requirements of 49 C.F.R. §18.36
including standards for competitive procurements; methods of procurement; contracting with small
and minority firms, women's business enterprise and labor surplus area firms; contract cost and price;
awarding agency review; insurance and bonding.
The Subrecipient's procurement system must include but not be limited to the following procurement
standards. 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.
A. A contract administration system which ensures that contractors perform in accordance with the
terms, conditions, and specifications of their contracts or purchase orders.
B. A written code of standards of conduct governing the performance of employees engaged in the
award and administration of contracts. No employee, officer, or agency of the Subrecipient shall
participate in selection or in the award or administration of a contract supported by state or
federal funds if a conflict of interest, real or apparent, would be involved.A process for review of
proposed procurements to avoid purchase of unnecessary or duplicative items.
C. Use of state and local intergovernmental agreements for procurement or use of common goods
and services to foster greater economy and efficiency.
D. Use of value engineering clauses in contracts for construction projects.
E. Awards made only to responsible contractors possessing the ability to perform successfully under
the terms and conditions of a proposed procurement, giving consideration to such matters as
contractor integrity, compliance with public policy, record of past performance, and financial and
technical resources.
F. Records sufficient to detail the significant history of procurement, including rationale for the
method of procurement, selection of contract type, contractor selection or rejection, and the
basis for the contract price.
G. Limited use of time-and-materials contracts.
H. Use of good administrative practices and sound business judgment to settle contractual and
administrative issues arising out of procurements.
I. Protest procedures to handle and resolve disputes relating to procurements and prompt disclosure
to the State of information regarding the protest.
J. Procurement transactions conducted in a manner that provides full and open competition.
K. These standards will only apply to the project described in Attachment A, Approved Project
Description.
Upon procurement of items under this grant agreement, the Subrecipient shall submit to the State a
list of all bidders and subcontractors that quoted on the procured items. The Subrecipient shall
submit the list with their requests for reimbursements and must include names, addresses, telephone
numbers, and type(s) of work quoted.
ARTICLE 8. PROPERTY MANAGEMENT
The State must concur in the award of all purchase orders for non-expendable personal property as
defined in 49 C.F.R. Section 18.31.
ARTICLE 9. EQUIPMENT MANAGEMENT
A. Management standards include, but are not limited to:
1. Maintain equipment records that include a description of the equipment; a serial number or
other identification number; the source of equipment; who holds title; the acquisition date
and cost of the equipment; percentage of federal and state participation in the cost of the
equipment; the location, use and condition of the equipment; maintenance history for each
vehicle; and ultimate disposition data including the date of disposal and sale price.
2. Conduct a physical inventory of the equipment at least once every two (2) years and
reconcile the inventory with equipment records described in the preceding paragraph.
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 minimum, the Subrecipient shall follow the vehicle maintenance schedule recommended
by the manufacturer, showing the date the maintenance was performed. Maintenance
records shall be provided to the State upon request.
5. Request disposition instructions from the State, and if authorized to sell the equipment, use
proper sales procedures to insure the highest possible return.
6. The Subrecipient will comply with Title 43, Texas Administrative Code §31.53, to protect
the public investment in real property and equipment purchased in whole or in part with
state or federal funds. In the event that project equipment is not used in the proper manner
or is withdrawn from public transportation services, the Subrecipient shall immediately
notify the State. The State reserves the right to direct the sale or transfer of property
acquired under this grant agreement upon determination by the State that said property has
not been fully or properly used.
B. All vehicles purchased under this grant agreement shall comply with the Motor Vehicle Safety
Standards established by the US Department of Transportation.
C. Irrespective of coverage by insurance, unless otherwise approved in writing by the State, in the
event of loss or damage to project property, whether by casualty or fire, the fair market value will
be the value of the property immediately before the casualty or fire.
D. The Subrecipient shall notify the State immediately of theft, wreck, vandalism or other destruction
of project-related facilities or equipment.
ARTICLE 10. COORDINATION
According to Title 43 of the Texas Administrative Code §31.49, the Subrecipient will at all times
coordinate the provision of public transportation services with other transportation operators, both
public and private, in the area. The Subrecipient will furnish the State copies of any agreement
resulting from such coordination. Agreements that authorize the payment of project funds to another
entity are subject to the approval requirements described in Article 5, Subcontracts.
ARTICLE 11. LABOR PROTECTION PROVISIONS
If applicable, the Subrecipient shall comply with the labor protection provisions as listed below.
The Subrecipient agrees that the following terms and conditions shall apply for the
protection of employees in the mass passenger transportation industry in the area of the
project:
A. The project shall be carried out in such a manner and upon such terms and conditions as will not
adversely affect employees in the mass passenger transportation industry within the service
area of the project.
B. All rights, privileges, and benefits (including pension rights and benefits) of employees (including
employees already retired) shall be preserved and continued.
C. The Subrecipient shall be financially responsible for any deprivation of employment or other
worsening of employment position as a result of the project.
D. In the event an employee is terminated or laid off as a result of the project, he or she shall be
granted priority of employment or reemployment to fill any vacant position for which he or she is,
or by training or retraining can become, qualified. In the event training is required by such
employment or reemployment, the.Subrecipient shall provide or provide for such training or
retraining at no cost to the employee.
E. Any employee who is laid off or otherwise deprived of employment or placed in a worse position
with respect to compensation, hours, working conditions, fringe benefits, or rights and privileges
pertaining thereto at any time during his or her employment as a result of the project, including
any program of efficiencies or economies directly or indirectly'related thereto, shall be entitled to
receive any applicable rights, privileges and benefits as specified in the employee protective
arrangement certified by the Secretary of Labor under Section 405(b) of the Rail Passenger
Service Act of 1970 on April 16, 1971. An employee shall not be regarded as deprived of
employment or placed in a worse position with respect to compensation, etc., in case of his or
her resignation, death, retirement, dismissal for cause, or failure to work due to disability or
discipline. The phrase "as a result of the project" as used herein shall include events occurring in
anticipation of, during, and subsequent to the project.
F. In the event any provision of these conditions is held to the invalid or otherwise unenforceable, the
Subrecipient, the employees and/or their representatives may invoke the jurisdiction of the
Secretary of Labor to determine substitute fair and equitable employee protective arrangements
which shall be incorporated in these conditions. The Subrecipient agrees that any controversy
respecting the project's effects upon employees, the interpretation or application of these
conditions and the disposition of any claim arising hereunder may be submitted by any party to
the dispute including the employees or their representative for determination by the Secretary of
Labor, whose decision shall be final.
G. The Subrecipient 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
"e
preceding paragraph.
H. The Subrecipient will post, in a prominent and accessible place, a notice stating that the
Subrecipient is a recipient of Federal assistance under the Federal Transit Act and has agreed
to comply with the provisions of 49 U.S.C., Section 5333(b).
The notice shall also specify the terms and conditions set forth herein for the protection of employees.
ARTICLE 12. MONITORING
A. The State will monitor the progress of the project authorized in this agreement using
appropriate and necessary inspections, including but not limited to periodic reports, physical
inspection of project facilities, telephone conversations, letters, and conferences.
B. The State shall monitor and conduct fiscal and/or program audits of the Subrecipient and its
contractors to verify the extent of services provided under the terms of the grant agreement.
Representatives of the State or Federal government shall have access to project facilities and
records at all reasonable times.
ARTICLE 13. REPORTS
A. The Subrecipient shall submit written or electronic reports at intervals and in a format
prescribed by the State.
1. Quarterly Operating Report - No later than fifteen (15) working days after the end of the
quarter, for which the report is made, the Subrecipient shall submit an activity report to the
State. At a minimum, the quarterly operating report will include the number of vehicles in
operation; total one-way passenger trips; total miles traveled; total expenses, including
administrative and operating expenses; revenue, including fares and donations, operating
cost per vehicle mile; operating cost per passenger trip; and number of passengers per mile
traveled. The State may require more frequent operating reports for reasons of its own, or if
the Subrecipient does not provide the reports in a timely manner or if the reports indicate
unfavorable trends.
2. Status of Procurements - If the grant includes the purchase of vehicles or other capital
equipment, the Subrecipient shall submit a quarterly report consisting of a brief narrative
including but not limited to procurement milestones, including date of purchase order, vendor
name and location, and estimated delivery date.
3. Status of Construction - If the grant includes construction, the Subrecipient shall submit
quarterly narrative reports which include but are not limited to the progress of construction.
B. Regardless of the type of assistance included in the grant, the Subrecipient shall promptly
advise the State in writing if at any time the progress of the project will be negatively or
positively impacted, including:
1. Problems, delays or adverse conditions that will materially affect the Subrecipient's ability to
attain program objectives, prevent the meeting of time schedules and goals, or preclude the
attainment of project work units by established time periods. This disclosure shall be
accompanied by a statement of the action taken, or contemplated, by the Subrecipient and
any State assistance needed to resolve the situation.
2. Favorable developments or events that will enable the Subrecipient to meet time schedules
and goals sooner than anticipated or produce more work units than originally projected.
Every two (2) years, or more frequently when instructed by the State, the Subrecipient shall
conduct a physical inventory of grant-supported property as set forth in Article 9, Equipment
Management, and furnish the State a copy of the inventory.
C. The Subrecipient shall develop performance goals and management objectives in accordance
with Title 43, Texas Administrative Code §31.36.
D. The Subrecipient shall maintain written maintenance records for each grant-supported vehicle,
and shall make such records available to the State upon request. As a minimum, the
Subrecipient shall comply with the manufacturer's recommended maintenance schedule.
ARTICLE 14. DISPUTES AND REMEDIES
A. The Subrecipient shall be responsible for the settlement of all contractual and administrative
issues arising out of procurements entered in support of the grant.
B. Any dispute concerning the work hereunder, additional costs, or any other non-procurement
issue shall be submitted for resolution by informal mediation, in accordance with the
requirements of the Governmental Dispute Resolution Act, Chapter 2009, Government Code,
unless the subject matter applies under Title 43, Texas Administrative Code §9.2.
C. This agreement shall not be considered as specifying the exclusive remedy for any default, but
all remedies existing at law and in equity may be availed of by either party and shall be
cumulative.
ARTICLE 15. TERMINATION
A. The State may terminate this grant agreement at any time before the date of completion
whenever it is determined that the Subrecipient has failed to comply with the conditions of the
grant agreement. The State shall give written notice to the Subrecipient at least thirty (30) days
prior to the effective date of termination and specify the effective date of termination, the
reason for the termination, and other termination instructions. Additionally, if the State notifies
the Subrecipient of a major deficiency and the Subrecipient does not respond in the manner
required by the State, the State will, within ten (10) working days, exercise its contract
termination rights, direct the disposition of equipment purchased with grant funds, or both.
B. If both parties to this grant agreement agree that the continuation of the grant would not
produce beneficial results commensurate with the further expenditure of funds, the parties
shall agree upon the termination conditions, including the effective date. In the event that both
parties agree that resumption of the grant is warranted, a new grant agreement must be
developed and executed by both parties.
C. Either the State or the Subrecipient may terminate this agreement by giving notice in writing
one to the other for reasons of its own and not subject to the approval of the other party. In the
event of termination for convenience, neither the State nor the Subrecipient shall be subject to
additional liability except as otherwise provided in this agreement.
D. Upon termination of this grant agreement, whether for cause or at the convenience of the
parties hereto, title to all property and equipment remains with the Subrecipient subject to the
obligations and conditions set forth in this grant agreement and 49 C.F.R. 18.31 and 18.32,
unless the state or federal funding agency issue dispositiol instructions to the contrary.
E. In the event of termination, the State may compensate the Subrecipient for those eligible
expenses incurred during the grant periods that are directly attributable to the completed
portion of the grant covered by this grant agreement, provided that the grant has been
completed in accordance with the terms of the grant agreement. The Subrecipient shall not
incur new obligations for the terminated portion after the effective date of termination. Except
with respect to defaults of subcontractors, the Subrecipient shall not be in default by reason of
any failure in performance of this grant agreement in accordance with its terms (including any
failure by the Subrecipient to progress in the performance of the work) if such failure arises out
of causes beyond the control and without the default or negligence of the Subrecipient. Such
causes may include but are not limited to acts of God or of the public enemy, acts of the
Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine
restrictions, strikes, freight embargoes, and unusually severe weather. In every case, however,
the failure to perform must be beyond the control and without the fault or negligence of the
Subrecipient.
ARTICLE 16. HISTORICALLY UNDERUTILIZED BUSINESS (HUB) PARTICIPATION FOR PUBLIC
TRANSPORTATION CONTRACTS
It is the policy of the Texas Department of Transportation (TxDOT) to ensure that HUBs shall have an
equal opportunity to participate in the performance of contracts; to create a level playing field on
which HUBs can compete fairly for contracts and subcontracts; to ensure nondiscrimination on the
basis of race, color, national origin, or gender in the award and administration of contracts; to help
remove barriers to the participation of HUBs in TxDOT contracts; and, to assist in the development of
firms that can compete successfully in the market place outside the HUB program.
The Subrecipient and any subcontractor will strive to meet the following annual HUB goals by offering
HUBs the opportunity to compete fairly for contracts and subcontracts. HUB participation should be
reported monthly by using Attachment H-3.
11.9% for heavy construction other than building contracts;
26.1% for all building construction, including general contractors and operative builders
contracts;
57.2% for all special trade construction contracts;
20% for professional services contracts;
33% for all other services contracts; and
12.6% for commodities contracts.
The Subrecipient and any subcontractor shall not discriminate on the basis of race, color, national
origin or sex in the award and performance of contracts. These requirements shall be physically
included in any subcontract.
Failure to carry out the requirements set forth above shall constitute a material breach of this contract
and may, after the notification of the State, result in termination of the contract by the TxDOT or other
such remedy as the TxDOT deems appropriate.
ARTICLE 17. CONTROL OF SUBSTANCE ABUSE
A. The Subrecipient will certify compliance with 49 C.F.R. Parts 40, 653 and 654 on or before
September 1st of each year, using the certification form furnished by the State.
B. Section 5307 Subrecipient's will submit a copy of the Management Information System (MIS)
reports by March 15th of each year usino_ forms furnished by the State.
C. Section 5311 Subrecipient's will submit required Management Information System (MIS)
reports on or before February 15th of each year using forms furnished by the State.
ARTICLE 18. PROHIBITED ACTIVITIES
D. Neither the Subrecipient nor any subcontractor shall use federal or state assistance funds for
publicity or propaganda purposes designed to support or defeat legislation pending before
Congress or the Texas Legislature. No member of or delegate to the Congress of the United
States shall share in this grant agreement or benefit from it, except in the same manner as the
general public.
E. No member, officer or employee of the Subrecipient during his tenure or one (1) year
thereafter shall have any interest, direct or indirect, in this grant agreement or the proceeds
thereof.
A. Texas Transportation Commission policy mandates that employees of the Texas Department
of Transportation (TxDOT) shall not accept any benefits, gifts or favors from any person doing
business or who reasonably speaking may do business with the State under this grant
agreement. The only exceptions allowed are ordinary business lunches and items that have
received the advanced written approval of TxDOT's Executive Director.
B. Any persons doing business with or who may reasonably speaking 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. Failure on the part of the Subrecipient to adhere
to this policy may result in the termination of this grant agreement.
C. The Subrecipient will comply with Texas Government Code, Chapter 573, by insuring that no
officer, employee or member of the Subrecipient's governing board or of the Subrecipient's
contractors or subcontractors shall vote or confirm the employment of any person related
within the second degree by affinity or third degree by consanguinity to any member of the
governing body or to any other officer or employee authorized to employ or supervise such
person. This prohibition shall not prohibit the employment of a person who shall have been
continuously employed for a period of two (2) years prior to the election or appointment of the
officer, employee, governing body member related to such person in the prohibited degree.
ARTICLE 19. OPEN MEETINGS
If applicable, the Subrecipient 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 20. INDEMNIFICATION
A. To the extent permitted by law, the Subrecipient shall indemnify and save harmless the State
from all claims and liability due to activities of its agents, employees or volunteers performed
under this agreement and which result from an error, omission or negligent act of the
Subrecipient or of any person employed by the Subrecipient.
B. To the extent permitted by law, the Subrecipient shall also save harmless the State from any
and all expenses, including attorney fees, which might be incurred by the State in litigation or
otherwise resisting said claim or liabilities which might be imposed on the State as a result of
activities by the Subrecipient, its agents, employees or volunteers.
C. The Subrecipient acknowledges that it 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 its agents, employees or
volunteers during the performance of the grant agreement.
ARTICLE 21. COMPLIANCE WITH LAWS
The Subrecipient shall comply with all federal, state and local laws, statutes, ordinances, rules and
regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any
matter affecting the performance of this grant, including without limitation workers' compensation
laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination laws and
regulations, and licensing laws and regulations. When required, the Subrecipient shall furnish the
State with satisfactory proof of compliance therewith.
ARTICLE 22. NONCOLLUSION
The Subrecipient warrants that it has not employed or retained any company or person, other than a
bona fide employee working for the firm, to solicit or secure this grant, and that it has not paid or
agreed to pay any company or person, other than a bona fide employee, any fee, commission,
percentage, brokerage fee, gift or any other consideration contingent upon or resulting from the
award or making of this grant. If the Subrecipient breaches or violates this warranty, the State shall
have the right to annul this agreement without liability or, in its discretion, to deduct from the grant
price or consideration, or otherwise recover, the full amount of such fee, commission, brokerage fee,
gift, or contingent fee.
ARTICLE 23. NOT APPLICABLE
ARTICLE 24. NOT APPLICABLE
ARTICLE 25. PROGRAM INCOME
A. Except for income from royalties and proceeds from the sale of real property or
equipment, the Subrecipient shall retain program income and apply such income to
allowable capital or operating expenses.
B. The Subrecipient shall comply with standards governing the receipt and application of program
income as set forth in 49 C.F.R. §18.25, Program Income. Program income means gross income
received by the Subrecipient directly generated by a grant supported activity, or earned only as a
result of this grant agreement during the time period specified in Article 1, Grant Period.
C. Program income includes 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 principal and interest on loans made
with grant funds. Except as otherwise provided in federal regulations, program income does not
include grant funds, rebates, credits discounts, refunds, and the interest earned on any of these
receipts.
ARTICLE 26. SUCCESSORS AND ASSIGNS
The Subrecipient binds themselves, their successors, assigns, executors and administrators in
respect to all covenants of this agreement. The Subrecipient shall not sign, sublet or transfer their
interest in this agreement without the written consent of the State.
ARTICLE 27. LEGAL CONSTRUCTION
In case any one or more of the provisions contained in this agreement shall for any reason be held to
be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability 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 28. PRIOR AGREEMENTS
This 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 public
transportation grant specifically authorized and funded under this agreement.
ARTICLE 29. SPECIAL PROVISIONS FOR CONSTRUCTION AND REPAIR CONTRACTS
A. Signs - The Subrecipient shall cause to be erected at the site of construction, and maintained
during construction, signs satisfactory to the State and the U. S Department of Transportation
identifying the project and indicating that the Government is participating in the development of
the project. Hazardous Materials - The Subrecipient will conduct an inspection of the building for
hazardous materials; asbestos and lead-based paint. Removal and disposal will be in
accordance with local, state and federal regulations, prior to the initiation of construction.
ARTICLE 30. NOT APPLICABLE
ARTICLE 31. SIGNATORY WARRANTY
The undersigned signatory for the Subrecipient hereby represents and warrants that he or she is an
officer of the organization for which he or she has executed this agreement and that he or she has full
and complete authority to enter into this agreement on behalf of the organization.
ARTICLE 32. INCORPORATION OF PROVISIONS.
Attachments A through H are attached hereto and incorporated into this contract as if fully set forth
herein.
IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in
duplicate counterparts.
Executed for the Executive Director and approved for SUBRECIPIENT:
the Texas Transportation Commission for the purpose
and effect of activating and/or carving out the orders, Subrecipient Name: City of Beaumont
established policies or work programs heretofore
approved and authorized by the Texas Transportation
Commission. By:
By:
Signature of Authorized Officer
District Engineer, Beaumont District
Typed, Printed or Stamped Name
Typed, Printed or Stamped Name Title:
Title: Date:
Date:
Attachments to Grant Agreement
Attached and Incorporated into the Grant Agreement by Reference
Attachment Title
A Approved Project Description
B Approved Project Budget
C Not Applicable
D Not Applicable
E Not Applicable
F Not Applicable
G Not Applicable
H HUB -Attachment H-3
n
ATTACHMENT A
APPROVED PROJECT DESCRIPTION
T he application for State and Federal assistance, as submitted to the State, is hereby incorporated
into this agreement as the project description, unless described below.
[Please Insert Project Description]
Attachment A
Small Urban-Section 5307
State Public Transportation Grant Agreement
- Attachment B
Approved Project Budget
Amendment V.J
Effective Date: September 1,2001
Project Completion Date: August 31,2002
Subrecipient: City of Beaumont/Beaumont Municipal Transit
State Contract Number.. URB 0201(20)
State Project Number. 51220F1004
Service Area: City of Beaumont
Category ALI Code Description Teal Fed% Federal sate Local
Capital 50.00 0.000/0 50.00 50.00 SO.00
50.00 0.00•/. 50.00 50.00 50.00
$0.00 0.00% 50.00 $0.00 50.00
50.00 0.000/0 50.00 $0.00 50.00
Category Total 50.00 0.00% 50.00 $0.00 50.00
Planning SO.00 0.000/0 $0.00 $0.00 50.00
Operating Operating Assistance 52,845,000.00 50.00% 51,422,500.00 $524,863.00 S897,637.00
Project Totals 52,845,000.00 SI,422,500.00 5524,863.00 5897,637.00
Budget Revision
Capital 50.00 0.000/0 SO.00 50.00 $0.00
SO.00 0.000/9 $0.00 50.00 $0.00
$0.00 0.000/0 SO.00 50.00 $0.00
50.00 0.W/o 50.00 50.00 50.00
SOHO OA 0% 50.00 50.00 50.00
Admin Project Administration 50.00 0.W/o 50.00 50.00 50.00
Operating Operating Assistance 50.00 0.000/0 50.00 ZOO 50.00
Project Totals 50.00 SO.00 50.00 50.00
Revised Project Budget
Capital 50.00 0.000/o $0.00 50.00 SO.00
50.00 0.000/0 $0.00 50.00 $0.00
50.00 OVO/e 50.00 50.00 $0.00
50.00 0.000/0 50.00 50.00 SO.00
50.00 0.000/0 50.00 50.00 $0.00
Admin Project Administration $0.00 0.000/9 SO.00 $0.00 50.00
Operating Operating Assistance $2,845,000.00 50,00% 51,422,500.00 S524,863.00 $897,637.00
Project Totals; 52,845,000.00 51,422,500.00 5524,863.00 5897,637.00
Maximum Reimburseable Amount: $524,863.00
� l
Page 1 of 1
ATTACHMENT H
HUB'S Attachment H-3
Texas Department of Transportation Subprovider
Monitoring System Progress Assessment Report
Contract #: Original Contract Amount:
Date of Execution: Approved Supplemental
Agreements:
Prime Provider: Total Contract Amount:
HUB Subprovider Category of Total %Total Contract Amount Paid Amoun
Work Subprovider Amount This Period To D
Amount
Fill out Progress Assessment Report with each estimate submitted, for all subcontracts, and
forward as follows:
1 Copy with Invoice - Contract Manager/Managing Office
1 Copy — Construction Division, BOP Section, TxDOT, 125 E. 11th, Austin, TX 78701
1 hereby certify that the above is a true and correct statement of the amounts paid to the firms
listed above.
Signature - Company Official or DBE/HUB Liaison Officer Date
01101 DBE-HIATr
w