Ordinance No. 12,1680 R D I N A N C t N0, 12,16 8
AN ORDINANCE WH IF CITY (DUN(Al. OF 11 US LITY 01" BAYTOWN,TEXAS,
own KWIZING 11 HA 01"Y NvIANAGEIVIT) IEX[,.CtJTF.ANL)TI IF, CITYCLF'RK 11)
ATTLSTTO AN INTI-`RI-O('AI- j\(JRI.`TAILN4` WITI I I I ARR IS CO(JNTY F'OR T] IF"
CoNSTRI,JCTION OF TRANsrr svikurms; ALT H [OR VING PAYNIENT ITR
IdATERMLS AND IN-KIND LABOR 13Y THF, CITY OF BAYTOWN IN AN
AN,10t,RN'I'N(.)'I''I'C)l,XCI,-',I�'.1)"J'AA'IINTA"TIK)USANI) SIX 111JNDR1,,,1)AN1) N1. /100
DOLLARS ($21600.00); MAKING DIVER PROVISIONS RELATE",l) TI1rRIT0;
AND PROVIDING RW 11 Hi IT'F'FCTIVF., DATFTHERF,01'.
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I3E'1T()Rl)AINI-,',D BY THE CTFY ('01-JNC'IL OFTI TEXAS:
Section 1: Thal the City, Council of the City of Bqiown, Texas, hereby authcwkes the Cj�
WInnager to execute and the City Clerk to attest to tart Interlocal AL),recillent with I larris County (61. tile
construction Of ftal'lSil Shelters. A coM, of Wd agreemem is attached herew as Fxhibit -A,- and
irworporated herein Ibrall intents and Imirposes,
Sect on 2: 11tat Me City Council of the City of Baytown hereby al,111HAWS payinent Wr
nmwdak and in-kind labor in an mnouni not to cweed "I'Vi",NTY TI I0(JSAND l"IFTY-FIVE AND
No/ 100 L)OLLARS ($21055MO) purmw to the Agr.eernerat audio6md in Seel On I hewof.
Section 3: 'rhat the City Nkinageris hereby gmnwd gownd aautlacrrity taro aalalarcrove any change
order invoking as dw-ease or all increase in costs of FH--I Y "I'l 101)SAN 1) AND NO/ 100 DOLFARS
($50100.00) or Iess: ho"wer, the original contract price 11lay not he increased by Illore thall twelAy-five
percent (2551) or- decreased by inore than writy-live; percent (2511) vvidmiut be corismn of be cmuractor
to such decrease,
Section 4: 'rhis ordinanceshmi, use enact immulawt Wn aiml after its passage by the
city couned orme City of Bqlmvn
I N'TRODLJC ID, RHAD and PASSfA) by the anowtive vote ortheA�,ity council orthe or
IQ1mvn this the 240 day of Januml. 2013. �
, 01,
(Y'
low
LETIC1A
APPROVE ,I) AS TO FORNt
R
SYE.,P] Ma .yor
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 pursuant to Chapter 791 of the Texas
Government Code by and between the Harris County, Texas, a body corporate and
politic under the laws 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 (METRO) and do not currently have bus service through METRO; 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, on or around July 8, 2008, Baytown and the County 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 provide for installation of shelters at
such transit stops; and
WHEREAS, Baytown and the County desire to enter into this separate
agreement to provide for shelters at the 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:DatalHarrisCounty%ILA.0 Page 1 1117/2013
ARTICLE I
Scope of Agreement.
This Agreement specifies the terms and conditions under which the County will provide
shelters, Baytown will install shelters provided by the County, and the County will
provide funding in regard to Transit Shelters at the locations described in Exhibit A and
at other locations as specified by the County. 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 1/17/2013
Any contract issued under this Agreement will carry a 2% DBE participation
goal.
2.1.2 Baytown shall comply with the requirements of Exhibits "C" and "D ", which
are attached hereto and incorporated herein for all purposes. Baytown agrees that it
will comply as a contractor with the requirements of Exhibit D and will also require all
any subcontractor that it may use under this Agreement to agree to the requirements of
Exhibit D and provide all documentation of such agreements as may be necessary.
2.2 During the performance of this Agreement, the County shall acquire and
deliver to Baytown, prefabricated transit shelters as well as all applicable plans and
specifications for the same sealed by a professional engineer registered in the State of
Texas, meeting all applicable codes and regulations of the City, County and State.
Provided that the County first certifies to the City in writing that funds are available for
payment as required in Article 3, Baytown, for itself, its assignees and successors in
interest (hereinafter referred to as "Baytown" shall install or cause to be installed up to
fifteen (15) of those transit shelters at those locations denoted on the attached Exhibit
"A" in accordance with manufacturer's installation instructions and sealed plans and
specifications if required. The County will cause one day of on -site training to be
provided by the manufacturer at a mutually acceptable location and time. The
installation will 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 of 49 CFR Part 37.
2.3 Storage of Shelters. It is anticipated that installation of the subject
shelters may take several months and installation of some shelters may be delayed
based upon the availability of City of Baytown employees. Except in the case of a force
majeure as defined in Section 6.2, Baytown will be responsible for the safe storage of all
HOWMHarris Coun y11LA.0 Page 3 1/17/2013
shelters tendered by the County until they are installed; provided that the City shall not
be required to store more than fifteen (15) shelters at any one time.
2.4 Damaged Shelters. In the event that is shelter is damaged or destroyed
after installation, Baytown will not be responsible for replacement or repair of the items
damaged except to the extent the County provides replacement shelters or parts. The
replacement may come from a stored shelter (a "spare ") or by purchasing a
replacement shelter or parts from available American Recovery and Reinvestment Act
( "ARRA ") funds. In the event that a shelter becomes damaged or destroyed and there
are no available ARRA funds, for repair or replacement, the County may provide up to
80% of Federal Transit Administration funds if available at the time provided that
Baytown provides the additional 20% local share cost of the repair /replacement. It is
expressly understood and agreed that the City's 20% local share cost of the
repair /replacement may be an in -kind contribution through the City's provision of labor
and /or materials.
ARTICLE 3
Payment
Baytown will submit an invoice to the County for the cost of the installation as
prescribed in the table of cost attached as Exhibit "B." The City of Baytown is
responsible for twenty percent (20 %) of the Local Match requirement for the cost of the
shelters plus installation. The estimated cost per shelter including installation is
$6,685.00. Based on that estimate, Baytown's Local Match requirement is $1,337.00
(20 %), which must be remitted to Harris County or provided in the form of "in -kind"
match. The estimated amount to be paid for installation of each shelter is $2,435.00 as
shown in Exhibit "B;" however, after Baytown's Local Match requirement, the estimated
amount remaining to be paid by Harris County for installation would be $1,098.00 per
shelter. The County will remit payment to Baytown within thirty (30) days after receipt of
the invoice for its material and work. Notwithstanding any provision of this Agreement,
the County shall have no obligation under this Agreement to expend funds in excess of
$16,470.00 for shelter installation, except to the extent that additional funds are
H:DatakHarris CaunI44 ILA.0 Page 4 1/1712013
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 other than for default by the County, the County agrees to pay
Baytown only for shelters which are installed prior to termination. In the event of
KDataWarris CauntyA ILA.0 Page 5 1/17/2013
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 Force Majeure. In the event any party is rendered unable, wholly or in
part, by force majeure to carry out any of its obligations under this Agreement, it is
agreed that on such party's giving notice and full particulars of such force majeure in
writing or by telegraph to the other party as soon as possible after the occurrence of the
cause relied upon, then the obligations of the party giving such notice, to the extent it is
affected by force majeure and to the extent that due diligence is being used to resume
performance at the earliest practicable time, shall be suspended during the continuance
H:DatalHarris County) ILA.0 Page 6 1/17/2013
of any inability but for no longer period. Such cause shall as far as possible be
remedied with all reasonable dispatch.
The term "force majeure" as used herein, shall include, but not be limited to acts
of God, strikes, lockouts or other industrial disturbances, acts of the public enemy, war,
blockades, insurrections, riots, epidemics, landslides, lightening, earthquakes, fires,
storms, floods, washouts, droughts, tornadoes, hurricanes, arrests and restraints of
governments and people, explosions, breakage or damage to machines or pipelines
and any other inabilities of either party, whether similar to those enumerated or
otherwise and not within the control of the parties claiming such inability, which by the
exercise of due diligence and care such party could not have avoided.
6.3 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 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.
H:DatalHarris County) ILA.0 Page 7 1/1712013
6.4 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.
6.6 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.
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.
6.9 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
County by , pursuant to
Court authorizing such execution.
, 2013, been executed on behalf of the
of the County Commissioners
H:DatalHards Cauntyl ILA.0 Page 8 1/17/2013
b. It has on the day of , 2013 been executed on behalf of
Baytown by its City Manager, pursuant to action of the Baytown City Council, attested
by the City Clerk.
HARRIS COUNTY
By:
DAVID B. TURKEL
Director of Harris County
Community Services Department
APPROVED AS TO FORM:
VINCE RYAN
Harris County Attorney
By:
TREVOR SMITH
Assistant County Attorney
C.A. File No.:13GEN0074
AUDITOR'S CERIFICATION
CITY OF BAYTOWN
By:
ROBERT D. LEIPER
City Manager
Attest:
LETICIA BRYSCH
City Clerk
Approved as to form:
I hereby certify that funds are By:
available in the amount of IGNACIO RAMIREZ, SR.
$16,470.00 to pay the shelter City Attorney
installation obligations of Harris
County under this Agreement.
BARBARA J. SCHOTT
County Auditor
H:DatalHarris County\ ItA.0 Page 9 1/1712013
EXHIBIT A
[shelter locations]
Locations for the 15 shelters will be determined by
mutual agreement of the parties.
EXHIBIT B
Parks and Recreation Department
Bus Shelters Cost Estimates
2/1212008 - Revised January 14, 2013
Installation - 5' x 10' Transit Shelter with Slab
#
Description
# Needed
Cost/each
Total
1
Slab Tx 13'x6 inches
2
$ 95.00
$190.00
2
Connecting Sidewalk (Per Yard)
3
$ 95.00
$285.00
3
ADA Ramp
1
$350.00
$350.00
4
Trash Can (included with shelter)
0
$0.00
$0.00
5
Misc. Supplies (ree bar, bolts, nails, form lumber)
1
$300.00
$300.00
Total Construction Materials
$1,125.00
6
Labor (3 man crew -10 hrs /each)
30
$ 34.38
$1,031.40
7
lFringe Benefits (27% of total of #6)
27%
$1,031.40
$ 278.48
Total Labor
$1,309.88
Total Cost per shelter (rounded)
1
$2,435.00
EXHIBIT "C"
Federal Transportation Administration Requirements
AUDIT AND INSPECTION OF RECORDS
Baytown shall permit the authorized representatives of Hams 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 impose such contract sanctions as it or FTA
may determine to be appropriate including, but not limited to:
and /or
1. Withholding of payments to Baytown under this Agreement until Baytown complies;
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
2
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.
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
7
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 CM, 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.
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)•
- `ylafQ/.Ir
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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 5100, 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 $10,000 and not more than $100,000 for each such
failure.
Certification for Contracts, Grants, Loans, and Cooperative Agreements (cont)
[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 $10,000 and not more than $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 ,2013.
Covered Actions:
LIM
Signature of Contractor's Authorized Official
Printed Name of Contractor's Authorized Official
Title of Authorized Official
(Program, Project or Activity)
6
EXHIBIT "D"
FEDERAL TRANSIT ADMINISTRATION THIRD -PARTY CONTRACT CLAUSES
BUY AMERICA REQUIREMENTS
Buy America - The contractor agrees to comply with 49 U.S.C. 53230) and 49 C.F.R. Part 661,
which provide that Federal funds may not be obligated unless steel, iron, and manufactured
products used in FTA- funded projects are produced in the United States, unless a waiver has
been granted by FTA or the product is subject to a general waiver. General waivers are listed in
49 C.F.R. 661.7, and include final assembly in the United States for 15 passenger vans and 15
passenger wagons produced by Chrysler Corporation, microcomputer equipment, software, and
small purchases (currently less than $100,000) made with capital, operating, or planning funds.
Separate requirements for rolling stock are set out at 49 U.S.C. 53230)(2)(C) and 49 C.F.R.
661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic
content.
A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification
(below) with all bids or offers on FTA- funded contracts, except those subject to a general
waiver. Bids or offers that are not accompanied by a completed Buy America certification must
be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors.
Certificate of Compliance with 49 U.S.C. 53236)(1)
The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 53230)(1)
and the applicable regulations in 49 C.F.R. Part 661.5.
Date
Signature
Company Name
Title
Certificate of Non - Compliance with 49 U.S.C. 53236J(1)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C.
53230)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49 U.S.C.
53230)(2)(A), 53230)(2)(B), or 53230)(2)(D), and 49 C.F.R. 661.7.
Date
Signature
Company Name
Title
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
2013, with the following members present, to -wit:
Ed Emmett
County Judge
El Franco Lee
Commissioner, Precinct No. 1
Jack Morman
Commissioner, Precinct No. 2
Steve Radack
Commissioner, Precinct No. 3
R. Jack Cagle
Commissioner, Precinct No. 4
And the following members absent, to -wit: , constituting
a quorum, when among other business, the following was transacted:
ORDER AUTHORIZING EXECUTION OF INTERLOCAL AGREEMENT FOR THE
INSTALLATION 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. Morman
Comm. Radack
Comm. Cagle
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 installation 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.
C.A. File No.: 13GEN0074