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Ordinance No. 11,153ORDINANCE NO. 11,153 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN INTERLOCAL AGREEMENT WITH HARRIS COUNTY FOR THE CONSTRUCTION OF TRANSIT SHELTERS, AUTHORIZING AND PROVIDING FOR THE EFFECTIVE DATE TI IEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN. TEXAS: Section 1: That the City Council of the City of Baytown, Texas. hereby authorizes the City Manager to execute an interlocal agreement with Harris County for the construction of transit shelters. A copy of said agreement is attached hereto as Exhibit "A." and incorporated herein for all intents and purposes. Section 2: That the City Council of the City of Baytown hereby authorizes payment in an amount not to exceed TWENTY -SIX THOUSAND AND NO /100 DOLLARS ($26,000.00) to be paid and then reimbursed pursuant to the Agreement authorized in Section I hereof. Section 3: That pursuant to the provisions of Texas Local Government Code Annotated §252.048. the City Manager is hereby granted general authority to approve any change order involving a decrease or an increase in costs of TWENTY -FIVE THOUSAND AND NO /100 DOLLARS ($25,000.00) or less, subject to the provision that the original contract price may not be increased by more than twenty -five percent (25 %) or decreased by more than twenty -five percent (25 %) without the consent of the contractor to such decrease. Section 2: This ordinance shall take effect inunediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative }�dte of the City Council of the City of Baytown this the 23rd day of July. 2009. / o ' T7 a CARLOS, Mayor ATTEST: At4� LETICIA AR Interim City Clerk APPROVED AS TO FORM: I 'ACIO RAMIREZ, S 'ity Attorney R Karen FileslCity Council Ordmanccv-100 y 23 dntcrlocaldTransitSh,ltcr doe Exhibit "A" INTERLOCAL AGREEMENT FOR CONSTRUCTION OF TRANSIT SHELTERS IN BAYTOWN, TEXAS THE STATE OF TEXAS COUNTY OF HARRIS This Agreement is made and entered into by and between the Harris County, Texas, a public entity and governmental unit of the State of Texas, herein after called the "County" and the City of Baytown a home rule city under the laws of the State of Texas, hereinafter called "Baytown ". WITNESSETH WHEREAS, certain portions of eastern Harris County lie outside the jurisdictional boundaries and service area of the Metropolitan Transit Authority of Harris County, Texas and does not currently have bus service; and WHEREAS, Baytown and the County find that the operation of Fixed Route Bus Service within the City of Baytown will enhance regional mobility, promote economic development and support transit services within the County and Baytown; and WHEREAS, Baytown and the County have previously agreed to the provision of Fixed Route Bus services in Baytown which provided in part that Baytown would construct certain transit stops, but did not require that Baytown provide shelters at such transit stops; NOW, THEREFORE, for and in consideration of the mutual covenants, agreements and benefits to the parties herein named, it is agreed as follows: H:OatalHarris CountyA ILA.0 Page 1 717/2009 ARTICLE I Scope of Agreement. This Agreement specifies the terms and conditions under which Baytown will provide, and the County will pay, for Transit Shelters as described in Exhibit A. The parties agree that each will cooperate and coordinate with the other in all activities covered by the Agreement and any supplemental agreements hereto. ARTICLE 2 Baytown Obligations 2.1 Baytown shall comply with all applicable local, state and federal laws and regulations in performance of this agreement including all regulatory requirements of the Federal Transit Administration. 2.1.1 It is the policy of the Department of Transportation (DOT) that disadvantaged business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or part with federal funds under this Agreement. Consequently, the DBE requirements of 49 CFR Part 23 apply to this Agreement. DBE Obligation. Baytown agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with federal funds provided under this Agreement. In this regard, Baytown shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Baytown shall not discriminate on the basis of race, creed, color, national origin, age, or sex in the award and performance of DOT- assisted contracts. H:Data\Harris County\ ILA.0 Page 2 7/7/2009 Any contract issued under this Agreement will carry a 15% DBE participation goal. 2.1.2 Baytown shall comply with the requirements of Exhibit "D ", which is attached hereto and incorporated herein for all purposes. 2.2 During the performance of this Agreement, Baytown, for itself, its assignees and successors in interest (hereinafter referred to as "Baytown" shall construct or cause to be constructed five transit shelters at those locations denoted on the attached Exhibit "A " in accordance with the plans and specifications attached as Exhibit "B" and to include the following additional requirements: • A maximum slope of 1:50 (2 %) for water drainage; • An accessible route to the streets, sidewalks or pedestrian paths; and • Ready access, with no physical barriers that prohibit or restrict access by individuals with disabilities, including but not limited to individuals using wheelchairs, and meeting all requirements of49 CFR Part 37. ARTICLE 3 Payment Baytown will submit an invoice to the County for the exact cost of the structure(s) and installation as prescribed in the table of cost attached as Exhibit "C ". The County will remit payment to Baytown within thirty (30) days after receipt of an invoice for this material and work. Notwithstanding any provision of this Agreement, the County shall have no obligation under this Agreement to expend funds in excess of the $26,000.00, except to the extent that additional funds are H:Data \Harris County\ ItA.0 Page 3 717/2009 expressly made available for such purposes by the Commissioners Court of Harris County, at its sole option, and the County Auditor certifies the availability of such funds for such expenditures. If the County does not perform because of unavailability of funds, the sole remedy of Baytown shall be termination of its services under this Agreement. ARTICLE 4 Liability Baytown and the County are governmental units under the Texas Tort Claims Act. Baytown acknowledges that it is not an agent, servant, nor employee of the County. The County acknowledges that it is not an agent, servant, nor employee of Baytown. The parties expressly agree that the transportation services provided pursuant to this Agreement are not a joint venture or enterprise. It is not the intent of the parties that a joint enterprise relationship is being entered into and the parties specifically disclaim such relationship. This Agreement does not constitute a joint enterprise, as there are no pecuniary interests, no common purpose, and no equal right of control between the parties. ARTICLE 5 Termination and Default 5.1 Termination by Baytown or the County. Notwithstanding any other provision of this Agreement, either Baytown or the County may, in its sole discretion, terminate the provisions of services under this Agreement, if it determines that it is in its best interest to do so, provided, however, that the party seeking to terminate the provision of services under this Agreement gives written notice to the other party at least thirty (30) calendar days prior to the date of termination. In the event of termination by the County, the County agrees to pay Baytown for work performed by Baytown up to the date of termination, less any damages due to default by Baytown. In the event of termination by Baytown HOata%Harris County) ILA O Page 4 7/7/2009 other than for default by the County, the County agrees to pay Baytown only for shelters which are completed prior to termination. In the event of termination by Baytown due to default by the County, the County agrees to pay Baytown for all work performed up to the date of termination. 5.2 Notice of Default. 5.2.1 Baytown or the County shall be deemed in default under this Agreement if Baytown or the County in any material respect fails to perform, observe or comply with any of its covenants, agreements or obligation, or breaches or violates any of its representations contained in this Agreement. 5.2.2 Before any failure of either Baytown or the County shall be deemed to be a breach of this Agreement, the party claiming such failure shall notify, in writing, the party alleged to have failed to perform, of the alleged failure and shall demand the party cure the default within thirty (30) calendar days. If the allegedly failing party has not cured the default, that party will be in default of this Agreement, unless Baytown and the County agree to extend time for cure. 5.2.3 In the event of default, the sole remedy of the non - defaulting party is termination of this Agreement and payment as provided in Section 5.1. ARTICLE 6 Miscellaneous 6.1 Approvals, Further Documents. Where this Agreement requires approval, consent, permission, agreement or authorization by either party, such approval, consent, permission, agreement or authorization shall not be unreasonably withheld nor delayed. The parties agree to execute such further documents, agreements, instruments and notices as may be necessary or appropriate to effectuate the purposes of this Agreement. 6.2 Notices. Any notices required or permitted to be given under the terms of this Agreement shall be in writing and shall be deemed to be given as of H:Data \Harris County\ ILA.0 Page 5 7/7/2009 the time of hand delivery to the addresses set forth below, for five (5) days after deposit in the United States mail, postage prepaid, by registered or certified mail, return receipt requested, addressed as follows: To Harris County: Harris County, Texas Director, Harris County Community Services Department 8410 Lantern Point Drive Houston, Texas 77054 Attention: David B. Turkel To Baytown: City of Baytown 2401 Market Street Baytown, Texas 77520 -0424 Attention: City Manager The parties will exchange email addresses for electronic communications. 6.3 Waiver. The failure of any party at any time or times to require performance of any provision hereof shall in no manner affect the right at a later time to enforce the same. No waiver of any party of any condition, or of any breach of any term, covenant, representation or warranty contained herein, in any one or more instances, shall be deemed to be constructed a further or continuing waiver of any such condition or breach or waiver of any other condition or of any breach of any other term, covenant, representation or warranty. 6.4 Entire Agreement. This Agreement contains the entire agreement of the parties with regard to the matters addressed herein. This Agreement may not be amended, modified, superseded or canceled, nor may any of the terms, covenants, representations, warranties or conditions be waived except by written instrument executed by the party against which such amendment, modification, supersedure, cancellation or waiver is to be charged. H:Data \Harris County\ IlA.0 Page 6 7/7/2009 6.5 Force Majeure. Neither party shall be held liable for any loss or damage due to delay or failure in performance of any part of this Agreement from any cause beyond its control and without its fault or negligence, which causes may include acts of God, acts of civil or military authority, government regulations (except those promulgated by the party seeking the benefit of this provision), embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, other major environmental disturbances or unusually severe weather conditions. 6.6 Governing Law. This Agreement shall be constructed and enforced in accordance with the laws of the State of Texas. Any legal action to enforce the terms of this Agreement shall be brought in Harris County, Texas. 6.7 Headings. Headings and captions contained herein are inserted for convenience and of reference only, and are not deemed part of or to be used in constructing this Agreement. 6.8 Survival. Each party shall remain obligated to the other party under all clauses of this Agreement that expressly or by their nature extend beyond the expiration or termination of this Agreement. IN WITNESS WHEREOF, the parties have caused the Agreement to be executed as of the date first written above: IN TESTIMONY OF WHICH, this Agreement, in duplicate originals, each having equal force, has been executed on behalf of the parties hereto as follows: a. It has on the day of , 2009, been executed on behalf of the County by , pursuant to of the County Commissioners Court authorizin such exe ution. b. It has on the gday of , 2009 been executed on behalf of Baytown by its City Manager rsuan to action of the Baytown City Council, attested by the City Clerk. H:Data\Harris County\ILA.O Page 7 7/7/2009 Harris County City of Baytow : By: CJ David B. Turkel By Director of Harris County Garriso C. Brumback Community Services Department City Manager Approved as to form: Vince Ryan, Harris County orney Attest: / r / LETICIA GAR A By: �'� C Interim City Clerk Assistant County Attorn Approved as to form: t►YI of AUDITOR'S CERIFICATION By4)dct 2 Ignacio Ramirez, S 1; I hereby certify that funds are available City Attorney I the amount of $26,000.00 to pay the A obligation of Harris County under this ' Agreement. Barbara J. Schott County Auditor H:Data\Harris County\ILA.O Page 8 7/7/2009 EXHIBIT A [shelter locations] 1. Northwest Corner of Garth Road @ Rollingbrook on Rollingbrook in front of Amegy Bank. 2. Southeast Corner of Garth Road @ Rollingbrook on the south side of Rollingbrook 3. Southwest Corner of Park Street @ Main Street on the west side of Main Street 4. West of Side of Garth Road at the Kroger Shopping Center 5. Southwest Corner of Main Street @ James Street on the west side of James EXHIBIT B [plans and specifications] 0 kf , uoljeoj�O� Puv .5\djed umoqhe�j jo hq!) o,-U 0 kf , xr,5 Aric I?ccr oftion L• L ° L a a i a rN a a > i i a I i i Tie C ItL•1 Of N— L{taVi1 01111111011 T .f 0 V lop, Fl, F� U10WOD"),� PLY �;I_Iej cl ol� sny� �� �a�I1 0 0 0 0 N N z V N d014 IT hc-] Jo 11q, all IT jf � V .L1J a, V ' � V I� IIIIIIIIIIIII INNIIIIINI •I • n h a s IIIIIIIIIIIII INNIIIIINI C ItU, Or i cam- / U-i I. I ` jo I. I ` , PlAv to au _ -| _ _ ^� ' / \ ` _ _ _ ~^ _ \~- ^` ~ / / / ' ' / \ ` _ _ _ ~^ _ \~- ^` r' -_,et EXHIBIT C (Table of Costl Parks and Recreation Department Bus Shelters Cost Estimates 2/12/2008 - Revised April 16, 2009 7 Foot X 18 Foot Shelter w/ One 6 Foot Bench # Description Needed Costleach Total 1 Slab Tx 18' x 6 inches 2.5 $ 100.00 $ 250.00 2 Galvanized stirrups 4 $ 80.00 $ 320.00 3 Lumber for 5' x 10' shelter 1 $ 450.00 $ 450.00 4 Green Metal Roof for shelter 1 $ 400.00 $ 400.00 5 Two Leq Portable Bench Galv. Frame 1 $ 250.00 $ 250.00 6 Misc. Supplies re -bar, bolts, nails, form lumber 1 $ 300.00 $ 300.00 7 Si na a as required) 1 $ 300.00 $ 300.00 8 1 9 I Trash Cans 1 $ 200.00 $ 200.00 10 Total Construction Materials $ 2,470.00 11 Labor 3 man crew on overtime- 24 hrs /each 72 $ 33.06 $ 2,380.32 12 Fringe Benefits (27% of total of #8 ) 27% $ 1,265.04 $ 341.56 13 Total Labor $ 2,721.88 14 Total for each shelter $ 5,191.88 EXHIBIT "D" Federal Transportation Administration Requirements AUDIT AND INSPECTION OF RECORDS Baytown shall permit the authorized representatives of Harris County, the U.S. Department of Transportation (U.S. DOT), and the Comptroller General of the United States to inspect and audit all data and records of Baytown relating to its performance under this Agreement. Baytown shall maintain complete and accurate records with respect to its performance under this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible at all reasonable times. Baytown further agrees that Harris County shall have, until the expiration of three (3) years after final payment of this Agreement, access to and right to examine any directly pertinent books, documents, papers, and records concerning this project. OWNERSHIP OF MATERIALS All maps, drawings, documents, data, reports, research, graphic presentation materials, etc., developed by Baytown as a part of its work under this Agreement, shall become the property of Harris County upon completion of this Agreement, or in the event of termination or cancellation thereof, at the time of payment for work performed. All such data and material shall be furnished to Harris County on request. All documents, including, but not limited to, drawings, specifications, and data or programs stored electronically, prepared by Baytown pursuant to this Agreement are related exclusively to the services described herein. Any reuse without written verification of adaptation by Baytown to specific purposes intended will be at Harris County's sole risk and without liability or legal exposure to Baytown. EQUAL EMPLOYMENT OPPORTUNITY In connection with the execution of this Agreement, Baytown shall not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, marital status, or national origin. Baytown shall take affirmative action to ensure that applicants and employees are treated during application or employment, without regard to their race, color, religion, age, sex, marital status, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoffs or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeships. Baytown further agrees to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. Title VI Compliance During the performance of this Agreement, Baytown, for itself, its assignees, and successors in interest agrees as follows: A. COMPLIANCE WITH REGULATIONS. Baytown shall comply with the Regulations relative to nondiscrimination in federally assisted programs of U.S. DOT, Title 49 CFR, Part 21, as they may be amended from time to time (hereinafter referred to as "the Regulations "), which are herein incorporated by reference and made a part of this Agreement. B. NONDISCRIMINATION. Baytown, with regard to the work performed by it during this Agreement, shall not discriminate on the grounds of race, color, religion, age, sex, marital status, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. Baytown shall not participate, either directly or indirectly, in discrimination prohibited by Section 21.5 of the Regulations, including employment practices, when this Agreement covers a program set forth in Appendix B of the Regulations. C. SOLICITATIONS FOR SUBCONTRACTORS, INCLUDING PROCUREMENTS OF MATERIALS AND EQUIPMENT. In all solicitations, either by competitive bidding or negotiation made by Baytown for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by Baytown of Baytown's obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, religion, age, sex, marital status, or national origin. D. INFORMATION AND REPORTS. Baytown shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, and other sources of information and its facilities, as may be determined by the Recipient or FTA to be pertinent to ascertain compliance with such regulations, orders, and instructions. Where any information is required or is in the exclusive possession of another who fails or refuses to furnish this information, Baytown shall so certify to Harris County or FTA, as appropriate, and shall set forth what efforts it has made to obtain the information. E. SANCTIONS FOR NONCOMPLIANCE. In the event of the Baytown's noncompliance with the nondiscrimination provisions of this Agreement, Harris County shall 2 impose such contract sanctions as it or FTA may determine to be appropriate including, but not limited to: 1. Withholding of payments to Baytown under this Agreement until Baytown complies; and /or 2. Cancellation, termination, or suspension of this Agreement, in whole or in part. F. INCORPORATION OF PROVISIONS. Baytown shall include the provisions of Paragraphs A through F of this section in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. Baytown shall take such action with respect to any subcontract or procurement as Harris County may direct as a means of enforcing such provisions, including sanctions for noncompliance, provided, however, that in the event Baytown becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, Baytown may request that they enter into such litigation to protect the interests of Harris County. PROHIBITED INTEREST No employee, officer, or agent of Harris County or the Goodman Corporation shall participate in selection or in the award of administration of a contract if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: the employee, officer, or agent; any member of his or her immediate family; his or her partner; or an organization which employs, or is about to employ, such individuals; has a financial or other interest in the firm selected for award. Harris County's or the Goodman Corporation officers, employees, or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from Baytown, potential Baytowns, or parties of subcontracts. INTEREST OF MEMBERS OR DELEGATES TO CONGRESS No member of, or delegate to, the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefit arising therefrom. 3 COVENANT AGAINST CONTINGENT FEES Baytown warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Baytown, to solicit or secure this Agreement and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for Baytown, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach of violation of this warranty, Harris County shall have the right to annul this Agreement without liability, or at its discretion to deduct from this Agreement, the price of consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. COMPLIANCE WITH LAWS The Contractor 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 Agreement, including without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Contractor shall furnish Harris County with satisfactory proof of its compliance therewith. ENERGY POLICY Contracts shall recognize mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94 -163). CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT REQUIREMENTS Contractor agrees to comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 USC 1857 (h), Section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR, Part 15) which prohibit the use under nonexempt federal contracts, grants or loans, of facilities included on the EPA list for Violating Facilities. DEBARRED BIDDERS Contractor, including any of its officers or holders of a controlling interest, is obligated to inform Harris County whether or not it is or has been on any debarred bidders' list maintained by the United states Government. Should the Contractor be included on such a list during the performance of this project, it shall so inform Harris County. 4 DRUG -FREE WORKPLACE The Contractor agrees that if the Contractor is a recipient of more than $25,000 in federal assistance through an Harris County subcontract, the Contractor shall provide a "drug -free" workplace in accordance with the Drug -free Workplace Act (DFWA), March 18, 1989. For purposes of this Section, "drug- free" means a worksite at which employees are prohibited from engaging in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance. The Contractor shall: 1. Publish a policy statement prohibiting the manufacture, distribution, dispensation, possession, or use of a controlled substance and notify employees of the consequences for violating this prohibition; 2. Establish a drug -free awareness program; 3. Provide each employee with a copy of its policy statement; and 4. Notify employees that, as a condition of employment, the employee must adhere to the terms of the statement and must notify the employer of any criminal drug offense within five days of conviction. POLITICAL ACTIVITY; LOBBYING No funds provided under this Agreement may be used in any way to attempt to influence in any manner a member of Congress to favor or oppose any legislation or appropriation by Congress, or for lobbying with state or local legislators. The Contractor, if a recipient of federal assistance exceeding $100,000 through an Harris County subcontract, will comply with section 319, Public Law 101 -121 (31 U.S.C. 1352). 5 a'Pp55 rV(:5 j!• S S a Harris County Community Services Department Office of Transit Services Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P. L. 104 -65, to be codified at 2 U.S.C. 1601, et seq.)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than S 10,000 and not more than S 100,000 for each such failure. Certification for Contracts, Grants, Loans, and Cooperative Agreements (cont) 6 [Note: Pursuant to 31 U.S.C. § 1352(c)(1)- (2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than S 10,000 and not more than S 100,000 for each such expenditure or failure.] The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. Executed this day of ,2009 Covered Actions: I Signature of Contractor's Authorized Official Printed Name of Contractor's Authorized Official Title of Authorized Official (Program, Project or Activity ) rl THE STATE OF TEXAS § COUNTY OF HARRIS § The Commissioners Court of Harris County, Texas, convened at a meeting of said Court at the Harris County Administration Building in the City of Houston, Texas, on the day of 2009, with the following members present, to -wit: Ed Emmett County Judge El Franco Lee Commissioner, Precinct No. 1 Sylvia R. Garcia Commissioner, Precinct No. 2 Steve Radack Commissioner, Precinct No. 3 Jerry Eversole Commissioner, Precinct No. 4 And the following members absent, to -wit: quorum, when among other business, the following was transacted: constituting a ORDER AUTHORIZING EXECUTION OF INTERLOCAL AGREEMENT FOR THE CONSTRUCTION OF BUS SHELTERS BETWEEN HARRIS COUNTY AND THE CITY OF BAYTOWN Commissioner introduced an order and made a motion that the same be adopted. Commissioner seconded the motion for adoption of the order. The motion, carrying with it the adoption of the order, prevailed by the following vote: Judge Emmett Comm. Lee Comm. Garcia Comm. Radack Comm. Eversole Yes No Abstain ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ The County Judge thereupon announced that the motion had duly and lawfully carried and that the order had been duly and lawfully adopted. The order thus adopted follows: IT IS ORDERED that David Turkel, Director of the Harris County Community Services Department, is authorized to execute for and on behalf of Harris County, Texas, an Interlocal Agreement for the construction of bus shelters between Harris County and the City of Baytown, said Agreement being incorporated herein by reference for all purposes as though fully set forth word for word.