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CC Resolution No. 1513 2832 RESOLUTION NO. 1513 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS, APPROVING THE WHEELCHAIR ACCESSIBLE TRANSIT PROGRAM GUIDELINES AND THE WHEELCHAIR ACCESSIBLE TRANSIT PROGRAM AGREEMENT; ESTABLISHING THE COMMENCEMENT DATE FOR THE GUIDELINES AND THE USE OF THE AGREEMENT;PROVIDING A REPEALING CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby adopts the Wheelchair Accessible Transit Program Guidelines. The guidelines as amended are attached hereto as Exhibit "A" and incorporated herein for all intents and purposes. Section 2: That the City Council of the City of Baytown, Texas, hereby adopts a standard Wheelchair Accessible Transit Program Agreement. The agreement as amended is attached hereto as Exhibit`B" and incorporated herein for all intents and purposes. Section 3: That the City Council of the City of Baytown, Texas, hereby declares that the guidelines referenced and incorporated herein in Section 1 hereof and the form agreement referenced and incorporated herein in Section 2 hereof shall not be effective until October 1, 2001,but shall thereafter remain in effect until hereinafter amended or repealed. Section 4: All ordinances and resolutions or parts thereof inconsistent with the terms of this resolution are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this resolution shall be cumulative of other ordinances and resolutions regulating and governing the subject matter covered by this ordinance. Section 5: This resolution shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED,READ and PASSED,by the affirmative vote of the City Council of the City of Baytown this the 27th day of September, 2001. PETE C. ALFARO, ayor ATTE T: l ii ,11� GA Y W. WITH, City Clerk APPROVED AS TO FORM: JfJrXACI0 RAMIREZ, S ity Attorney c:Mh278\cirycouncihresolutims\W heelchairAccessibleTransi tProgram.Guidelines&Cmtract WHEELCHAIR ACCESSIBLE TRANSIT PROGRAM GUIDELINES PURPOSE. The Wheelchair Accessible Transit Program (the "Program") is sponsored by the City of Baytown Community Development Block Grant program. The goal of the Program is to provide non-emergency transportation services within the city limits of Baytown to income-eligible wheelchair-bound citizens. PROGRAM DESCRIPTION. Participants of this Program are required to provide proof of eligibility. Participants must apply at the Community Development office and, if eligible, will be issued a Ride Card, a sample of which is attached hereto as Exhibit "A." The Ride Card will allow participants seven (7) one-way trips per month. When a participant needs service for non-emergency transit, he or she will call a wheelchair transporter company (the "Company") who has contracted with the City of Baytown (the "City") to provide this service. The Company will dispatch a wheelchair transporter to pick up the participant. The participant will present his or her Ride Card along with photo identification to the driver, who will punch the Ride Card, indicating that the participant has used one of the seven (7) one-way trips allowed each month pursuant to the Program. The driver will transport the participant to his or her destination within the city limits of Baytown. A Ride Ticket, a sample of which is attached hereto as Exhibit `B," will be completed by the driver and signed, if correct, by the participant at the end of each ride. The Company will then submit the Ride Ticket to the City of Baytown for verification and payment in accordance with the terms and conditions of the Wheelchair Accessible Transit Program Agreement. The City's obligation for each one-way trip shall never exceed FIFTEEN AND NO/100 DOLLARS ($15.00) for participants holding a Ride Card. ELIGIBILITY. To be eligible for participation in the Program, an applicant must: 1. be a resident of the City of Baytown and provide proof thereof, which may include one or more of the following: a. utility bills (water, electricity, gas, or phone) for at least three (3) months indicating that service is provided in the applicant's name; b. rent receipt indicating that applicant resides at the premises for which rent is being paid; and/or C. deed or lease indicating that the applicant owns/resides at the premises; 2. be wheelchair-bound and provide a disability certification form completed by the applicant's doctor, which is attached hereto as Exhibit "C'; 1 EXHIBIT A 3. file a completed application, a sample of which is attached hereto as Exhibit "D," and submit such completed application to the City of Baytown's Community Development Office located at 2401 Market Street, Baytown, Texas; and 4. satisfy the following income eligibility requirements: a. Participants' annual gross income must not exceed the maximum low- income limits, which will be recalculated each year based on HUD's guidelines and the median income of the Houston Primary Metropolitan Statistical Area. b. To prove the applicant meets the above-referenced income eligibility requirements, the applicant must submit with his/her application all of the following that apply: 1. Social Security Award Letter; 2. Retirement Verification; 3. Veteran's Administration Award Letter; 4. Food Stamp Award Letter; 5. Bank Statements for the past three (3)months; 6. Investment Interest; 7. Verification of Self-Employment; 8. Welfare Verification; 9. Supplemental Social Security Income Award Letter; and 10. Proof of any other source of income. 5. not be a participant of the City of Baytown's Senior/Disabled Citizen Taxi Program. Only twenty-five (25) participants will be allowed to participate in the Program each year. The twenty-five (25) Ride Cards will be issued on a first come, first serve basis. A waiting list will be developed if necessary for additional applicants. INSTRUCTIONS/INFORMATION FOR PARTICIPANTS. 1. The City of Baytown will contract annually with one or more wheelchair transporter companies for the provision of transportation services pursuant to the Program. In order to obtain such services, a participant must call the Company's dispatcher. The telephone numbers of participating Companies shall be listed on the participant's Ride Card and shall be updated as appropriate. 2. Wheelchair transporters shall be available Monday through Saturday between 5:00 a.m. and 7:00 p.m. 2 3. When contacting the Company to request transportation service, the participant must identify himself/herself as a participant of the Program. This should assist in keeping response time documented. 4. A participant must contact the Company to verify availability of a wheelchair transporter at least twenty-four (24) hours in advance of needing service. If the Company has a wheelchair transporter available, the service will be initiated as requested. If a wheelchair transporter is not available at the time requested, the participant and the Company must agree upon an alternate date and/or time for the service. If a participant has a scheduled appointment, the participant is urged to request service well in advance of such appointment to endeavor to ensure service as needed. 5. If service is not needed once requested, the participant must contact the Company immediately. 6. A participant must take note of both the time the participant initiates a request for service and the time the wheelchair transporter arrives at the origination point to perform the services requested by the participant. 7. Under the Program, a participating Company shall pick up a participant at the origination point designated by the participant within the city limits of Baytown and take the participant to the destination point designated by the participant within the city limits of Baytown; provided, however, that neither the origination or destination point shall be an establishment primarily serving or selling alcoholic beverages (bars/liquor stores). The Companies have been notified of this restriction and shall not accept a participant's Ride Card under the above-stated circumstances. 8. When the wheelchair transporter arrives to pick up a participant, the participant must present the Ride Card and photo identification to the driver. The driver will punch one hole in the Ride Card for the appropriate month to indicate that the participant has used the Program to obtain one (1) one-way trip in such month. 9. Once the participant has reached the chosen destination point, the participant must check the call-time and pick-up time noted on the Ride Ticket completed by the driver. If the ticket is correct, the participant shall sign the Ride Ticket. If, however, the Ride Ticket is incorrect, the participant shall note any corrections on the Ride Ticket and initial all corrections made. The Ride Tickets shall be returned to the City of Baytown for verification prior to payment. GENERAL PROGRAM RULES AND RESTRICTIONS. 1. In order for the Ride Card to be valid, the Ride Card must be signed by the participant. 3 2. Rides cannot be accumulated from one month to the next. Therefore, should a participant fail to use all of the rides allotted to him/her during a month, such unused rides will expire and no longer be valid. 3. The participant must be present and personally utilize the service for the Ride Card to be accepted by the driver. Another person(s), who is not a participant of the Program, may not accompany the participant unless the other person pays the customary charge of the Company's per person, per ride rate; regardless of whether the other person(s) and the participant have common origination and destination points. The Ride Card cannot be loaned to any other person(s) even if such other person(s) qualifies for the Program. 4. Replacement Ride Cards may be requested by the participant in order to replace lost or stolen cards. The City of Baytown will issue only two (2) replacement Ride Cards per participant per year. If a replacement Ride Card is issued, the replacement Ride Card will be distributed b mail five (5) working days after the request for replacement has been made and will be issued only for the unused portion of the lost or stolen Ride Card. 5. Participants shall not request a driver to wait 6. A round trip will be counted as two (2) one-way rides. A one-way ride is initiated when the participant embarks at an origination point and disembarks at a destination point. 7. No person may smoke in a wheelchair transporter while the same is occupied by a Program participant. Neither the participant nor the driver can waive this requirement. 8. Participants must be courteous to the dispatchers of the Companies as well as to the drivers. Obscene or threatening language directed at a dispatcher or driver will not be tolerated and may result in the participant's removal from the Program. 9. Participants in the Program shall comply wih the rules of the Program. Upon the determination of the Community Develop ent Planner that a violation of any provision of the guidelines has occurred, the participant may be removed from the Program. Neither the Company nor any of its employees or subcontractors is authorized to make a determination regarding a participant's noncompliance with the terms and conditions of these guidelines and therefore, may not refuse service on this basis. If the Community Development Planner determines that a participant shall be removed from the Program, the participant shall be notified of such decision in writing, which will be mailed to the address on file at the Community Development Office. Any person wishing to appeal a decision of the Community Development Planner, on the grounds that the decision misconstrues 4 or wrongly interprets these guidelines may, within thirty (30) days after the decision, appeal the decision to the City Manager or his or her designee, provided that the participant gives notice of appeal in writing to the City Clerk no less that ten (10) days following the written notice of the decision which the participant is appealing. The decision of the City Manager or his or her designee shall be final and binding on the participant, the Company and the City of Baytown. If the decision of the Community Development Planner is not properly appealed, the decision of the Community Development Planner shall be final and binding on the same parties. 10. Complaints regarding the Program should be made in writing and sent to the following address: Wheelchair Accessible Transit Program Community Development Department 2401 Market Street Baytown, Texas 77520. c:kth278\communi tydevelopment\Di sabledTransportationService\W heelchairAccessibleTransportGuidelinesClean 5 EXHIBIT "A" b L994 £ ZL 1 199tiCZL zO > v R CARD HOLDER ENTITLED w TO SEVEN(7) ONE-WAY v a RIDES NOT TO EXCEEDco cn $15.00. w rn V vx D A E mm -n1234567 N r1234567 C � I ( — Back of card Wheelchair Accessible Transit Program EMERALD MEDICAL SERVICE 281-837-8375 II EXHIBIT ..B„ N° A 514 4: Timm Called - Da Times Driver From T Charge t Passengers Signature,Clack No.,&Address Charg Authorized By: Total S WHITE—ORIGINAL CANARY—BILLING COPY PINK—CUSTOMEF t EXHIBIT «C' CITY OF BAYTOWN WHEELCHAIR ACCESSIBLE TRANSIT PROGRAM DISABILITY CERTIFICATION APPLICANT Middle Name Last Name First Name Street Address City State Zip Phone Number Social Security Number Date of Birth Doctor First Name Middle Name Last Name Doctor's Street Address City State Zip Nature of Disability Phone Number Type of Practice/Degree In accordance with federal law and regulation published by the Department of Housing and Urban Development, it is necessary to verify the disability status of the Applicant identified hereinabove. The information provided will be used solely for the purpose of determining the applicant's eligibility for participation in the Wheelchair Accessible Transit Program funded by a Community Development Block Grant. I,the above-referenced doctor,hereby certify that in my professional opinion,the above-named applicant meets the following marked criteria: The applicant has a disability as defined in 42 U.S.C.S. 423 -- (A) inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months; or (B) in the case of an individual who has attained the age of 55 and is blind (within the meaning of "blindness" as defined in section 216(i)(1) [42 U.S.C.S. §416(i)(1)]), inability by reason of such blindness to engage in substantial gainful activity requiring skills or abilities comparable to those of any gainful activity in which he has previously engaged with some regularity and over a substantial period of time. The applicant has a developmental disability as defined in 42 U.S.C.S. §6001 --a severe,chronic disability of an individual 5 years of age or older that (A) is attributable to a mental or physical impairment or combination of mental and physical impairments; (B) is manifested before the individual attains age 22; (C) is likely to continue indefinitely; (D) results in substantial functional limitations in three or more of the following areas of major life activity_ (i) self-care; (ii) receptive and expressive language; (iii) learning; (iv) mobility; (v) self-direction; (vi) capacity for independent living; and (vii) economic self-sufficiency; and (E) reflects the individual's need for a combination and sequence of special, interdisciplinary, or generic services,supports,or other assistance that is of lifelong or extended duration and is individually planned and coordinated,except that such term,when applied to infants and young children means individuals from birth to age 5, inclusive, who have substantial developmental delay or specific congenital or acquired conditions with a high probability of resulting in developmental disabilities if services are not provided. SIGNED this the day of 12001. Signature of Doctor [Stamp of Doctor's Office] c:klh27\commwityDevelopment\Ccni6caHonDocwr.TaxicabPmgmm EXHIBIT"D" WHEELCHAIR ACCESSIBLE TRANSIT PROGRAM APPLICATION Applicant: First Name Last Name M.I. Social Security No. Date of Birth / / Race/Ethnicity Home Phone (__) Work Phone (_� Sex Check One: Single Married Divorced Widowed Address of Applicant: (All applicants must reside within the Baytown city limits to be eligible) Baytown, TX Number Street Apartment Zip Code Mailing Address: (If different from above) Number Street Apartment City State Zip Name and Phone Number of Relative, Friend, or Neighbor who can usually contact you: Name Relation Home Phone Work Phone Income Information: Full disclosure of all income and assets must be made. Failure to disclose any income or assets is a criminal offense under Section 1001 of Title 18 of the U.S. Code. All income and assets will require verification from the providing sources before eligibility will be granted. Income includes all money flowing into the household, regardless of age of recipient. Such things as self-employment wages, AFDC, alimony, Social Security Benefits, Pensions, Child Support, regular gifts from friends or family, money earned from providing services, and interest income from bank accounts or investments must be disclosed. List yourself first. Household Member Source of Income Monthly Amount Receive Total Monthly Income Total Yearly Income The above-named applicant has examined the eligibility requirements of the City of Baytown Wheelchair Accessible Transit Program and has submitted this application for participation in such program after certifying that all of the information so submitted is true and correct. It is expressly understood and agreed that should it be determined at any time by the City of Baytown, its officers, agents and/or employees that this application contains incorrect or incomplete information, the above-named individual shall be disqualified from participation in the Program and shall be required to repay the City of Baytown all expenses incurred as a result of such individual's participation. Furthermore, by submitting this application, the applicant hereby agrees to abide by all of the terms and conditions contained in the City of Baytown Wheelchair Accessible Transit Program Guidelines and all amendments thereto. Failure to do so may, at the sole discretion of the City of Baytown, disqualify the applicant from further participation in the Program. Certification: The section below is to be signed by the applicant. A witness is needed for any signature made by mark. I certify this application has been completed to the best of my knowledge with complete and accurate information. I understand any false statements or omissions of facts relevant to my eligibility for assistance will be considered fraud, and that I may be prosecuted under applicable U.S. Codes for this fraud. Furthermore, I understand that assistance granted to my household based on fraudulent information must be reimbursed in whole to the City of Baytown. Applicant Date Witness (if signed by mark) The Community Development Office is wheelchair-accessible. Handicap parking spaces are available. For office use only: Full-Fare Half-Fare Card No. Issued Approved By Date Issued WHEELCHAIR ACCESSIBLE TRANSIT PROGRAM AGREEMENT THE STATE OF TEXAS § COUNTY OF HARRIS § This NAME PROGRAM AGREEMENT(this"Agreement") is made and entered into on this day of_ 2001, by and between the CITY OF BAYTOWN, a municipal corporation located in Harris and Chambers Counties,Texas,hereinafter called"City,"and of Bavtown, Harris County, Texas, hereinafter called"Contractor." I. DEFINITIONS As used in this Agreement, the following words and phrases are defined to mean: City: means and refers to the City of Baytown, Texas, and all attendant boards, agencies, commissions and related bodies, along with their respective officers, agents and employees. City Manager: means the City Manager of the City of Baytown or his designated representative. Contractor: means , its volunteers, officers, directors, agents, employees and assigns. Representative of the Contractor: means or her duly designated representative. Program: means the Wheelchair Accessible Transit Program, which provides low-income wheelchair-bound citizens FIFTEEN AND NO1100 DOLLARS ($15.00) for seven (7) one-way rides per month. Wheelchair Transporter: means every automobile or self-propelled vehicle used for transportation of a wheelchair- bound passenger for hire over the public streets of the City of Baytown, at a fixed rate per trip, whereby such vehicle is routed to a destination under the direction of the passenger or person hiring the same. A list of such vehicles to be used in the performance of any of the Contractor's obligations under this Agreement is labeled Exhibit"A" and is attached hereto and incorporated herein for all intents and purposes. II. CONTRACTOR'S OBLIGATIONS The Contractor covenants and agrees to furnish transportation service for wheelchair-bound persons by operating its wheelchair transporters in compliance with the following requirements: 1. The Contractor shall make its wheelchair transporters and drivers available Monday through Saturday from 5:00 a.m. to 7 p.m. for the transportation of the wheelchair-bound persons participating in the Program. 2. The Contractor agrees that it shall have sufficient personnel to man and shall man a telephone in order to make its services available to persons involved in the Program at all times. The Contractor agrees that it will maintain a dispatch office which will receive telephone calls and requests for services and at which place a dispatcher shall control the movements of the wheelchair transporters to points of request for transportation service. The Contractor's number shall be listed in the local phone books under the name of the Company. If such number is changed for any reason, the Contractor shall immediately inform the City Wheelchair Accessible Transit Program Agreement,Page 1 XHIM and the participants of the Program of the new number. Calls received pursuant to this Program shall be treated as any other fare and shall receive no preference or disfavor. 3. The Contractor shall provide an updated list of wheelchair transporters and drivers used in the performance of the Contractor's duties pursuant to this Agreement on April 1, July 1, October 1, and January 2 of each year in which this Agreement is in full force and effect. 4. The Contractor hereby understands and agrees that the Contractor will respond within twenty-four (24) hours for 100 percent (100%) of calls each month. Such time shall be measured from the time the call is placed until the time the passenger is picked up. Such times shall be recorded on each individual ride ticket, a copy of which is attached hereto as Exhibit `B," and incorporated herein for all intents and purposes. No payment will be paid to the Contractor for tickets submitted without this required information. Furthermore, such information must be kept by the Contractor in each driver's daily manifest,which shall be subject to inspection by the City as herein below provided. 5. The Contractor shall provide a wheelchair transporter to participants within twenty-four (24) hours as requested. If a wheelchair transporter is not available at the time requested, the Contractor and the participant must agree upon an alternate date and/or time for the service. 6. The Contractor shall at all times throughout this agreement maintain in full force and effect the insurance as required herein. 7. The Contractor shall abide by the Wheelchair Accessible Transit Program Guidelines, which are attached hereto as Exhibit"F"and incorporated herein for all intents and purposes. III. COMPENSATION Subject to the availability of federal funds and as full compensation to the Contractor for operation of the above-referenced transportation services, the City agrees to reimburse the Contractor FIFTEEN AND NO/100 DOLLARS ($15.00) per one-way ride per participant. Under this Agreement, the City shall not be responsible or liable for any additional fees. The Contractor will send an invoice and individual ride tickets along with other billing information and substantiating documentation to the City each month indicating the amount allegedly due. All forms, documentation and reports required herein shall be in a form and format approved by the City. Exhibit "C," which is attached hereto and incorporated herein for all intents and purposes, is a sample invoice which must be used in billing the City for services performed pursuant to this Agreement; and Exhibit"D,"which is attached hereto and incorporated herein for all intents and purposes, is a ride detail form which must accompany each such invoice. The invoice together with the ride detail must be properly and fully completed; and all necessary supporting documentation must be attached prior to the Contractor being paid by the City. The City shall make the payment which the City deems in its sole discretion is appropriate within thirty(30) days of the later of the receipt of a proper invoice or the performance of the services performed. IV. TERM This contract shall be in effect and shall continue for an initial term commencing on October 1, 2001, and terminating on March 31,2002,unless sooner terminated under the provisions of this Agreement. V. ACCESS TO CONTRACTOR'S RECORDS AND FINANCIAL INFORMATION The City shall without prior notice to the Contractor have the right through its agents and employees to audit and examine at all reasonable times, the Contractor's books, manifests, and financial and operational records which may be reasonably required by the City in order to enforce the terms of this Agreement or to evaluate the Contractor's performance. Financial records will be maintained with such adequacy so as to allow identification of the source of all revenue and expenditures related to this Agreement. The Contractor shall make copies of information as and when requested by the City at no additional charge to the City. Wheelchair Accessible Transit Program Agreement,Page 2 VI. RIGHT TO INSPECT VEHICLES OR CONTRACTOR'S OPERATIONS The City, through its officers, agents, and employees,reserves the right to enter the place of business of the Contractor or any wheelchair transporter used in performing services under this Agreement for the purpose of inspecting the Contractor's operations in relation to the work and/or services being performed. In accordance therewith, the Contractor shall fully cooperate with the City and shall supply the City, upon request, with all information necessary for the City to ensure that the Contractor is fulfilling his obligations under this Agreement. It is expressly understood that the City, its officers, agents or employees have full authority to reject any and all services found to be not in accordance with this Agreement. Neither observations by the City nor inspections or approvals made by the City, or persons authorized under this Agreement to make such inspections or approvals, shall relieve the Contractor from its obligation to perform the transportation services in accordance with the requirements of this Agreement. VII. ASSUMPTION OF LIABILITY BY CONTRACTOR The Contractor hereby assumes all liability and responsibility for injuries, claims or suits for damages to persons or property of whatever kind or character, whether real or asserted occurring during the term of this Agreement, arising out of or by reason of the operation of the transportation of low-income wheelchair-bound persons and all other operations arising under or otherwise incident to the provisions of this Agreement. VIII. INDEMNIFICATION The Contractor agrees to and shall indemnify, hold harmless, and defend the City, its officers agents and employees, from and against any and all claims, losses, damages, causes of action, suits and liability of every kind, including all expenses of litigation, court costs, and attorneys' fees, for injury to or death of any person, or for any and all damages arising out of or in connection with the work done by the Contractor pursuant to this Agreement, the conduct or management of the Contractor's business or activities, or from any act or omission by the Contractor, where such injuries, death or damages are caused by the joint negligence of the City and any other person or entity. It is the expressed intention of the parties hereto, both the Contractor and the City, that the indemnity provided for in this paragraph is indemnity by the Contractor to indemnify, protect and defend the City from the consequences of the City's own negligence, where that negligence is a concurring cause of the resulting injury, death or damage. Furthermore, the indemnity provided for in this paragraph shall have no application to any claim, loss, damage, cause of action, suit and liability where the injury, death or damage results from the sole negligence of the City unmixed with the fault of any other person or entity. In the event that any action or proceeding is brought against the City by reason of any of the above, the Contractor further agrees and covenants to defend the action or proceeding by legal counsel acceptable to the City. This indemnification provision shall survive the expiration or earlier termination of this agreement and shall remain in full force and effect. IX. INSURANCE Throughout the term of this Agreement, the Contractor at its own expense shall purchase, maintain and keep in force and effect insurance against claims for injuries to or death of persons or damages to property which may arise out of or result from the Contractor's operations and/or performance of the work under this Agreement, Wheelchair Accessible Transit Program Agreement,Page 3 whether such operations and/or performance be by the Contractor, its agents, representatives,volunteers, employees or subcontractors or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. The Contractor's insurance coverage shall be primary insurance with respect to the City, its officers, agents and employees. Any insurance or self-insurance maintained by the City, its officers, agents and employees shall be considered in excess of the Contractor's insurance and shall not contribute to it. Further, the Contractor shall include all subcontractors, if any, as additional insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. The following is the required insurance as well as the minimum coverage amounts required in this contract: • Business Automobile Liability Policy, which shall include any vehicle being operated by the Contractor or its officers,agents and/or employees. • Limits of$20,000/$40,000/$15,000. Before commencing any of the work, the Contractor shall file with the City valid Certificates of Insurance and endorsements acceptable to the City Attorney. Such Certificates shall contain a provision that coverages afforded under the policies will not be canceled, suspended, voided, or reduced until at least sixty(60) days' prior written notice has been given to the City via certified mail, return receipt requested. The Contractor shall also file with the City valid Certificates of Insurance covering all Subcontractors. The following are general requirements which are applicable to all policies: 1. Only Insurance Carriers licensed and admitted to do business in the State of Texas will be accepted. 2. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. Claims-made policies will not be accepted. 3. The City, its officers, agents and employees are to be added as "Additional Insureds" to the Business Automobile Liability Policy. The coverage shall contain no special limitation on the scope of protection afforded to the City,its officers,agents or employees. 4. Upon request,certified copies of all insurance policies shall be famished to the City. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent, and shall contain the following provisions and warranties: 1. The company is licensed and admitted to do business in the State of Texas. 2. The insurance policies provided by the insurance company are underwritten on forms that have been provided by the Texas State Board of Insurance or ISO. 3. All endorsements and insurance coverages according to requirements and instructions contained herein. 4. The form of the notice of cancellation,termination or change in coverage provisions to the City. 5. Original endorsements affecting coverage required by this section shall be furnished with the certificates of insurance. Wheelchair Accessible Transit Program Agreement,Page 4 X. CONTINGENCY OF CONTRACT The City has no City funds for the services to be rendered under this Contract. It is expressly agreed and understood that this Contract is predicated and conditioned upon the City receiving funds for the purpose of paying the entire obligation of the City under this Contract from funds to be received from the U.S. Department of Housing and Urban Development("HUD"),by virtue of a Community Development Block Grant. Notwithstanding anything herein to the contrary,the maximum liability of the City under the Program on which this Contract is based shall not exceed the amount remaining as of the date this Contract is executed for the current fiscal year, which has been authorized by the City for the Program and by HUD pursuant to the Block Grant. As such, the Contractor understands and agrees that the City may terminate this contract at any time should the funds(i)be expended,(ii)no longer be available, or (iii) decline to such a level that the City Manager, in his sole discretion, determines that this Contract must be terminated in order to ensure that the services performed prior to this termination are paid by giving the Contractor written notice of the termination from the City Manager. Upon delivery of any notice of termination required herein, the Contractor shall discontinue all services in connection with the Performance of the Agreement and shall proceed to cancel promptly existing reservations for transportation services insofar as such requests are chargeable to the City pursuant to this Agreement. Within ten (10) days after receipt of the notice of termination, the Contractor shall submit a final statement showing in detail the services satisfactorily performed and all other appropriate documentation required herein for payment of services. If there are no funds, however, available for payment of the final invoice, the Contractor hereby releases and discharges the City from any such debt, for the Contractor agrees that the City will not be responsible for the payment for services if the federal funds referenced hereinabove are no longer available for the payment of the same. XI. TERMINATION The City, besides all other rights or remedies it may have, shall have the right to terminate this Agreement with or without cause upon ten (10) days' written notice from the City Manager to the Contractor of the City's election to do so. Upon delivery of any notice of termination required herein, the Contractor shall discontinue all services in connection with the performance of the Agreement and shall proceed to cancel promptly existing reservations for transportation services insofar as such requests are chargeable to the City pursuant to this Agreement. Within ten (10) days after receipt of the notice of termination, the Contractor shall submit a final statement showing in detail the services satisfactorily performed and all other appropriate documentation required herein for payment of services. XII. NOTICE All notices required to be given hereunder shall be given in writing either by telecopier, overnight, or facsimile transmission, certified or registered mail at the respective addresses of the parties set forth herein or at such other address as may be designated in writing by either party. Notice given by mail shall be deemed given three(3)days after the date of mailing thereof to the following addresses: Contractor Fax: CITY City of Baytown Attn: City Manager P.O.Box 424 Baytown,TX 77522 Fax: (281)420-6586 Wheelchair Accessible Transit Program Agreement,Page 5 XIII. TIME OF THE ESSENCE Both the Contractor and the City acknowledge that time is of the essence in this Agreement. XIV. RESPONSE TIME It is expressly understood and agreed by the parties that the response times enumerated herein for performance of the services described herein are essential conditions of this Agreement. It is further understood and agreed that the time allotted between a call for service and the performance of such service are reasonable, taking into consideration all conditions, including, but not limited to, the number of calls or requests for service which the Contractor receives,the weather conditions, and all other usual business conditions prevailing in this locality. If any of the calls for service made within any thirty (30) day period pursuant to this Agreement are not performed in a timely manner as specified herein or if the Contractor should neglect, fail, or refuse to complete any of such services in a timely manner during any thirty (30) day period, the City shall have the right, but not the obligation, to terminate this Agreement pursuant to Article XI hereof. XV. WITHHOLD PAYMENT. The City may temporarily or permanently, at the sole discretion of the City, withhold payment of any compensation allegedly due to the Contractor as may be necessary on account of the following: 1. Services not in strict accordance with the terms of this Agreement; 2. Claims filed or reasonable evidence indicating probable filing of claims, as determined at the sole discretion of the City; 3. Failure of the Contractor to make prompt payments to its subcontractors, if any; 4. Claims filed or reasonable evidence, as detemrined at the sole discretion of the City, of damage or injury to a third party; 5. The determination of the City at its sole discretion an amount of administrative charges; 6. Claims filed or reasonable evidence as determined at the sole discretion of the City indicating unremedied damage to property owned by the City;or 7. Other amounts authorized under this Agreement. Should the City elect to withhold any compensation permanently from the Contractor on the basis that the services were not performed in strict compliance with this Agreement, the Contractor within ten (10) days of notification of such decision by the City of Baytown may appeal such decision to the City Manager on the grounds that such decision is without factual basis. At such appeal, the Contractor will have the burden of proof. After the close of the appeal hearing, the City Manager shall render a decision which shall be final and binding on the parties involved. XVI. INDEPENDENT CONTRACTOR It is mutually understood and agreed that nothing in this Agreement is intended or shall be construed as in any way creating or establishing the relationship of partners, co-partners, or joint venturers between the parties hereto, or as constituting the Contractor as an agent, employee or representative of the City for any purposes or in any manner whatsoever. The relationship of the Contractor to the City shall be that of an independent contractor. Wheelchair Accessible Transit Program Agreement,Page 6 XVII. COMPLIANCE WITH RULES AND REGULATIONS The Contractor shall comply with all rules, regulations, and laws of the United States of America, the State of Texas, and all laws, regulations, and ordinances of the City of Baytown as they now exist or may hereafter be enacted or amended. XVIIL SALE OF INTEREST The Contractor may not sell, transfer or assign all or part interest in its rights or obligations under this Agreement to another party or parties without the prior express written approval of the City Manager of such sale or assignment, nor shall Contractor assign any monies due or to become due to it hereunder without the previous consent of the City Manager. The City may require any records or financial statements necessary in its opinion to ensure such sale or assignment will be in the best interest of the City; however,the City hereby reserves the right to withhold its consent for any reason or no reason whatsoever. XIX. NON-WAIVER Failure of either party hereto to insist on the strict performance of any of the agreements herein or to exercise any rights or remedies accruing thereunder upon default or failure of performance shall not be considered a waiver of the right to insist on and to enforce by an appropriate remedy, strict compliance with any other obligation hereunder to exercise any right or remedy occurring as a result of any future default or failure of performance. XX.GOVERNING LAW This Agreement shall in all respects be interpreted and construed in accordance with and governed by the laws of the State of Texas and the City,regardless of the place of its execution or performance. The place of making and the place of performance for all purposes shall be Baytown,Harris County,Texas. XXI. SEVERABILITY All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement,which shall continue in full force and effect. XXII.VENUE This Agreement shall in all respects be interpreted and construed in accordance with and governed by the laws of the State of Texas and the City,regardless of the place of its execution or performance. The place of making and the place of performance for all purposes shall be Baytown,Harris County,Texas. XXIII. NO RIGHT TO ARBITRATION Notwithstanding anything to the contrary contained in this Agreement, the City and the Contractor hereby agree that no claim or dispute between the City and the Contractor arising out of or relating to this Agreement shall be decided by any arbitration proceeding, including, without limitation, any proceeding under the Federal Arbitration Act(9 U.S.C. Sections 1-14), or any applicable State arbitration statute, including,but not limited to,the Texas General Arbitration Act, provided that in the event that the City is subjected to an arbitration proceeding notwithstanding this provision, the Contractor consents to be joined in the arbitration proceeding if the Contractor's presence is required or requested by the City of complete relief to be recorded in the arbitration proceeding. XXIV. NO THIRD PARTY BENEFICIARIES This Agreement shall not bestow any rights upon any third party, but rather, shall bind and benefit the Contractor and the City only. Wheelchair Accessible Transit Program Agreement,Page 7 XXV. INCORPORATED EXHIBITS AND ENTIRE AGREEMENT This Contract includes the following exhibits and such exhibits are attached hereto and made a part hereof for all intents and purposes: Exhibit"A": List of wheelchair transporters which will be used to perform the services pursuant to this Agreement; Exhibit"B": Example of a ride ticket; Exhibit"C": Sample invoice to be used in billing the City for services performed pursuant to this Agreement; Exhibit"D": Ride Detail; Exhibit"E": Certification for Contracts,Grants,Loans and Cooperative Contracts; Exhibit"F": Wheelchair Accessible Transit Program Guidelines;and Exhibit"G": CDBG Program Requirements. This agreement and the attached exhibits represent the entire agreement between the City and the Contractor and there are no other effective agreements, representations, or warranties between the City and the Contractor that are not contained herein. This Agreement contains all the agreements of the parties relating to the subject matter hereof and is the full and final expression of the agreement between the parties. This Agreement shall not be amended or modified without the express written consent of both parties hereto. XXVI. HEADINGS The article headings are used in this Agreement for convenience and reference purposes only and are not intended to define, limit or describe the scope or intent of any provision of this Agreement and shall have no meaning or effect upon its interpretation. XXVII. AMBIGUITIES In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. XXVIII. AGREEMENT READ The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. XXIX. AUTHORITY The officers executing this Agreement on behalf of the parties hereby represent that such officers have full authority to execute this Agreement and to bind the party he/she represents. [Remainder of Page Intentionally Left Blank] Wheelchair Accessible Transit Program Agreement,Page 8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple copies, each of which shall be deemed to be an original, but all of which shall constitute but one and the same Agreement on the day of , 2001,the date of execution by the City Manager of the City of Baytown. Company's Name Signature Printed Name Title CITY OF BAYTOWN: MONTE MERCER,City Manager ATTEST: GARY SMITH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR.,City Attorney Wheelchair Accessible Transit Program Agreement,Page 9 STATE OF TEXAS § COUNTY OF HARRIS § Before me, the undersigned notary public, on this day personally appeared in his/her capacity as Owner of , on behalf of such corporation, known to me; proved to me on the oath of or through his/her current Drivers License# {description of identification card or other document issued by the federal government or any state government that contains the photograph and signature of the acknowledging person} to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed that instrument for the purposes and consideration therein expressed. Given under my hand and seal of office this day of ,2001. Notary Public in and for the State of Texas My commission expires: c:klh278\CommunityDevelopment\DisabledTransportService\W heelchairAccessibleTran sportAgreement Wheelchair Accessible Transit Program Agreement,Page 10 EXHIBIT "A" List of wheelchair transporters which will be used to perform the services pursuant to the agreement. N° A 51441 EXHIBIT "B" Tines Called- Date Tlme Driver From T Charge to Passengers Signature,Clock No.,S Address Charges Authorized By: Total $ r EXHIBIT "C" Emerald Medical Services 1000 East James Street Baytown Texas77520 Invoice Date: Bill To: City of Baytown § Billing Period from: Wheelchair Accessible Transit Program § Through: P.O. Box 424 § Baytown Texas 77522 § Number of Rides for Senior Citizens: $ Number of Rides for Handicapped: $ Total Number of Rides: Number of rides within 25 minutes Response Time: Number of rides not within 25 minutes Response Time: Fare charged for rides(Seniors) $ Fare charged for rides(Disabled) $ Less any deductions* $ " Please Explain: Invoice Total $ Question or queries about rides should be referred to: City of Baytown,P.O.Box, Baytown,Texas 77522. (281)420-5390. v � v a � � u - Y E c u � 'a. FS a_ N_ L U x u � A R W z U � y a M�1 L 9 7 .Rr W F A A y N Y L 9 9 W i W 0 Z 9 L U u A A C] F q 'x �C W EXHIBIT "E" CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS "contacts) The undersigned 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, and 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 influencing or attempting to influence 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. (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 material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of the certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. 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. Executed this day of 2001. By: Signature Typed or Printed Name Title EXHIBIT "F" WHEELCHAIR ACCESSIBLE TRANSIT PROGRAM GUIDELINES PURPOSE. The Wheelchair Accessible Transit Program (the "Program") is sponsored by the City of Baytown Community Development Block Grant program. The goal of the Program is to provide non-emergency transportation services within the city limits of Baytown to income-eligible wheelchair-bound citizens. PROGRAM DESCRIPTION. Participants of this Program are required to provide proof of eligibility. Participants must apply at the Community Development office and, if eligible, will be issued a Ride Card, a sample of which is attached hereto as Exhibit "A." The Ride Card will allow participants seven (7) one-way trips per month. When a participant needs service for non-emergency transit, he or she will call a wheelchair transporter company (the "Company") who has contracted with the City of Baytown (the "City") to provide this service. The Company will dispatch a wheelchair transporter to pick up the participant. The participant will present his or her Ride Card along with photo identification to the driver, who will punch the Ride Card, indicating that the participant has used one of the seven (7) one-way trips allowed each month pursuant to the Program. The driver will transport the participant to his or her destination within the city limits of Baytown. A Ride Ticket, a sample of which is attached hereto as Exhibit `B," will be completed by the driver and signed, if correct, by the participant at the end of each ride. The Company will then submit the Ride Ticket to the City of Baytown for verification and payment in accordance with the terms and conditions of the Wheelchair Accessible Transit Program Agreement. The City's obligation for each one-way trip shall never exceed FIFTEEN AND NO/100 DOLLARS ($15.00) for participants holding a Ride Card. ELIGIBILITY. To be eligible for participation in the Program, an applicant must: 1. be a resident of the City of Baytown and provide proof thereof, which may include one or more of the following: a. utility bills (water, electricity, gas, or phone) for at least three (3) months indicating that service is provided in the applicant's name; b. rent receipt indicating that applicant resides at the premises for which rent is being paid; and/or C. deed or lease indicating that the applicant owns/resides at the premises; 2. be wheelchair-bound and provide a disability certification form completed by the applicant's doctor, which is attached hereto as Exhibit "C"; I 3. file a completed application, a sample of which is attached hereto as Exhibit "D," and submit such completed application to the City of Baytown's Community Development Office located at 2401 Market Street, Baytown, Texas; and 4. satisfy the following income eligibility requirements: a. Participants' annual gross income must not exceed the maximum low- income limits, which will be recalculated each year based on HUD's guidelines and the median income of the Houston Primary Metropolitan Statistical Area. b. To prove the applicant meets the above-referenced income eligibility requirements, the applicant must submit with his/her application all of the following that apply: I. Social Security Award Letter; 2. Retirement Verification; 3. Veteran's Administration Award Letter; 4. Food Stamp Award Letter; 5. Bank Statements for the past three (3) months; 6. Investment Interest; 7. Verification of Self-Employment; 8. Welfare Verification; 9. Supplemental Social Security Income Award Letter; and 10. Proof of any other source of income. 5. not be a participant of the City of Baytown's Senior/Disabled Citizen Taxi Program. Only twenty-five (25) participants will be allowed to participate in the Program each year. The twenty-five (25) Ride Cards will be issued on a first come, first serve basis. A waiting list will be developed if necessary for additional applicants. INSTRUCTIONS/INFORMATION FOR PARTICIPANTS. I. The City of Baytown will contract annually with one or more wheelchair transporter companies for the provision of transportation services pursuant to the Program. In order to obtain such services, a participant must call the Company's dispatcher. The telephone numbers of participating Companies shall be listed on the participant's Ride Card and shall be updated as appropriate. 2. Wheelchair transporters shall be available Monday through Saturday between 5:00 a.m. and 7:00 p.m. 2 3. When contacting the Company to request transportation service, the participant must identify himself/herself as a participant of the Program. This should assist in keeping response time documented. 4. A participant must contact the Company to verify availability of a wheelchair transporter at least twenty-four (24) hours in advance of needing service. If the Company has a wheelchair transporter available, the service will be initiated as requested. If a wheelchair transporter is not available at the time requested, the participant and the Company must agree upon an alternate date and/or time for the service. If a participant has a scheduled appointment, the participant is urged to request service well in advance of such appointment to endeavor to ensure service as needed. 5. If service is not needed once requested, the participant must contact the Company immediately. 6. A participant must take note of both the time the participant initiates a request for service and the time the wheelchair transporter arrives at the origination point to perform the services requested by the participant. 7. Under the Program, a participating Company shall pick up a participant at the origination point designated by the participant within the city limits of Baytown and take the participant to the destination point designated by the participant within the city limits of Baytown; provided, however, that neither the origination or destination point shall be an establishment primarily serving or selling alcoholic beverages (bars/liquor stores). The Companies have been notified of this restriction and shall not accept a participant's Ride Card under the above-stated circumstances. 8. When the wheelchair transporter arrives to pick up a participant, the participant must present the Ride Card and photo identification to the driver. The driver will punch one hole in the Ride Card for the appropriate month to indicate that the participant has used the Program to obtain one (1) one-way trip in such month. 9. Once the participant has reached the chosen destination point, the participant must check the call-time and pick-up time noted on the Ride Ticket completed by the driver. If the ticket is correct, the participant shall sign the Ride Ticket. If, however, the Ride Ticket is incorrect, the participant shall note any corrections on the Ride Ticket and initial all corrections made. The Ride Tickets shall be returned to the City of Baytown for verification prior to payment. GENERAL PROGRAM RULES AND RESTRICTIONS. 1. In order for the Ride Card to be valid, the Ride Card must be signed by the participant. 3 2. Rides cannot be accumulated from one month to the next. Therefore, should a participant fail to use all of the rides allotted to him/her during a month, such unused rides will expire and no longer be valid. 3. The participant must be present and personally utilize the service for the Ride Card to be accepted by the driver. Another person(s), who is not a participant of the Program, may not accompany the participant unless the other person pays the customary charge of the Company's per person, per ride rate; regardless of whether the other person(s) and the participant have common origination and destination points. The Ride Card cannot be loaned to any other person(s) even if such other person(s) qualifies for the Program. 4. Replacement Ride Cards may be requested by the participant in order to replace lost or stolen cards. The City of Baytown will issue only two (2) replacement Ride Cards per participant per year. If a replacement Ride Card is issued, the replacement Ride Card will be distributed by mail five (5) working days after the request for replacement has been made and will be issued only for the unused portion of the lost or stolen Ride Card. 5. Participants shall not request a driver to wait. 6. A round trip will be counted as two (2) one-way rides. A one-way ride is initiated when the participant embarks at an origination point and disembarks at a destination point. 7. No person may smoke in a wheelchair transporter while the same is occupied by a Program participant. Neither the participant nor the driver can waive this requirement. 8. Participants must be courteous to the dispatchers of the Companies as well as to the drivers. Obscene or threatening language directed at a dispatcher or driver will not be tolerated and may result in the participant's removal from the Program. 9. Participants in the Program shall comply with the rules of the Program. Upon the determination of the Community Development Planner that a violation of any provision of the guidelines has occurred, the participant may be removed from the Program. Neither the Company nor any of its employees or subcontractors is authorized to make a determination regarding a participant's noncompliance with the terms and conditions of these guidelines, and therefore, may not refuse service on this basis. If the Community Development Planner determines that a participant shall be removed from the Program, the participant shall be notified of such decision in writing, which will be mailed to the address on file at the Community Development Office. Any person wishing to appeal a decision of the Community Development Planner, on the grounds that the decision misconstrues 4 or wrongly interprets these guidelines may, within thirty (30) days after the decision, appeal the decision to the City Manager or his or her designee, provided that the participant gives notice of appeal in writing to the City Clerk no less that ten (10) days following the written notice of the decision which the participant is appealing. The decision of the City Manager or his or her designee shall be final and binding on the participant, the Company and the City of Baytown. If the decision of the Community Development Planner is not properly appealed, the decision of the Community Development Planner shall be final and binding on the same parties. 10. Complaints regarding the Program should be made in writing and sent to the following address: Wheelchair Accessible Transit Program Community Development Department 2401 Market Street Baytown, Texas 77520. c:klh278\communitydevelopment\DisabledTmnspomtionSer ice\WheelchairAccessibleTransponGuidelinesClean 5 EXHIISIT "G" COMMUDiITY DEVELOPMENT BLOCK GRANT PROGR X REQUIR=MENTS FOR NON PROFIT ORGANIZATIONS I . TITLE VI OF TFiE CIVIL RIGHTS ACT OF 1964 The Contractor shall comply with Title VI of the Civil Rights Act of 1964 (P .L. 880-352) and Title 24 Code of Federal Regulations Part 1 . In accordance with the Act, no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subject to discrimination under any program or activity for which the Contractor receives Federal financial assistance . The contractor will immediately take any measures necessary to comply with Title VI . ' If any real property of structure is thereon provided or improved with the aid of Federal financial assistance, this clause shall obligate the owner, ,or in the case of any transfer of such property, an transferee, to comply with the recuirements and restrictions contained in this clause for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the orovision of similar services or benefits . The Contractor will further comply with federal regulation, 24 CPR Part 1 , which implement the act . IZ . EXECUTIVE ORDER 11063 The Contractor shall comply with Executive Order 11063 as amended by Executive Order 12259 and is contained in 24 CFR Part 107 . Contractor will take all action necessary and acorooriate to orevent discrimination because of race, color, religion (creed) , sex, or national origin, in the sale, leasing, rental , or other disposition of residential property and related fa.cilities (including land to be developed for residential use) , or in the use or occupancy thereof, if such property and related facilities area, among other things, provided in whole or in Dart with the aid of loans, advances , grants , or contributions agreed to -be made by the Federal Government . T_II . SECTION 109 OF THE SOUSING FvD COMMUNITY DEVELOPMENT ACT OF 1974 The Contractor shall comply with Section 109 of the lousing and Communitv Development Acc of 1974 as contained in 24 CFR Part 570 . 602 issued pursuant cc Section 109 . Nto person in the United States shall, on the ground of race, color, national origin or sex be excluded -from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity EXHIBIT G funded in whole or part with community development funds . ,Program activity" is defined as any function conducted by an identifiable administrative unity of the City, or by any unit o= government , subrecipient (Contractor) or private contractor receiving community development funds or loans from the County. "Funded in whole or in part with community development funds " means that community development funds in any amount in the form of grants or proceeds from HUD guaranteed loans which have been transferred by the City or subrecipient (Contractor) to an identifiable administrative unit and disbursed in program or activity. Specific discriminatory action prohibited and corrective actions are described in 24 CFR 570 . 602 (b) . Section 109 of the act further provides that any prohibition acainst discrimination on the basis of ace under the Ace Discrimination Act of 1975 (42 U.S .C.A. 6101 et sea. ) or with respect to an otherwise qualified handicapped individual as provided in Section 504 of The Rehabilitation Act of 1973 (29 U. S . C.A. 794) shall also apply to any program or activity funded in whole or in part with funds made available pursuant to Act . HUD regulations implementing the Age Discrimination Act are contained in 24 CFR Part 146 and the regulations implementing section 5404 are contained in 24 CFR Part S . IV. EXECUTIVE ORDER 11240' The Contractor shall comply with Executive Order 11246, as amended by Executive Order 12086, and the regulation issued oursuant thereto (41 CFR Chanter 60) which provides that no person shall be discriminated against on the basis of race, color, religion, sex, or rational origin in all chases of employment during the performance of Federal or federally assisted construction contracts . Contractor agrees that contractors and subcontractors on Federal or federally assisted construction contracts shall take affirmative action to ensure fair treatment in employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay, or other forms _ of compensation and selection for training and apprenticeship . V. SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968 The Contractor shall comply with Section 3 of the Housing and urban Development Act of 1968 , as amended, (12 USC 1701u) A. The Contractor shall to the greatest extent feasible, give opportunities for training and employment to Lower income residents of the City and shall award contracts for work in connection with the Project to business concerns which are located in or owned in substantial part by persons residing in the City. B . The Contractor shall include the phrase in paragraph A in all contracts for work in connection with this project . VI . USE OF DEBARRED SUSPENDED OR INELIGIBLE CONTRACTORS The Contractor shall not use assistance to directly or indirectly employ, award contracts to, or otherwise engage the services of, or fund any contractor or subcontractor during any period of debarment, suspension or placement, in ineligibility status under provisions of 24 CFR Part 24 . VII . UNIFORM ADMINISTRATIVE REQUIREMENTS AND COST PRINCIPLES The Contractor and its agencies or instrumentalities, 'and subrecipients shall comply with the policies, guidelines, and requirements of 24 CFR Part 85, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, : OMB Circular No . A-122, "Cost Principles for NonProfit Organizations, " . The applicable sections of 24 CFR Part 85 and OMB Circular No. A-110 are set forth at 570 . 502 . VIII . CONFLICT OF INTEREST A. No member of or delegate to the Congress of the United States, and no resident Commissioner, shall be admitted to any share or part of this Contract or to any benefit direct or .indirect which arises from this Contract . B . In accordance with 24 CFR Part 570 . 611, no persons described in the paragraph below who exercise or have exercised any functions with respect to CDBG activities or who are in a position to participate in a decision making process or gain inside information with regard _ to CDBG activities, may obtain a personal or financial interest or benefit from or have any interest in any contract, subcontract , or agreement or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. C. The requirements of the above paragraph apply to any person who is an employee , agent , consultant , officer, or elected official or appointed official of the City, Contractor, and of any designated public agency, or subrecipient under 24 CFR Section 570 . 20 which receives funds under the CDBG grant agreement with FmD. IX. RECORDS FOR AU7iIT PURPOSES Without limitation to any other provision of this Agreement the Contractor shall maintain all records concerning the Project which the County reasonable requires for three years from the expiration date of the Agreement unless a longer period is required under Title 24, Code of Federal Regulation 570 . 510 . The Contractor shall maintain records required by 24 CFR Section 135 . 120 for the period that HUD requires the records to be maintained. The Contractor will give the City, HUD, and the Comntroller General of the United States, the General Accounting Office or any of their authorized representative access to and the right to examine, copy or reproduce all records pertaining to the acquisition and construction of the Project and the operation of the Project . The right to access shall continue as long as the records are required to be maintained. X. DRUG FREE WORKPLACE ACT OF 1988 The Contractor shall comply with the Drug Free Workplace Act of 1988 and certify that it will maintain a druc-free workplace in accordance with the requirements of 24 CFR Part 24 , subpart F . XI . REVERSION OF ASSETS CLAUSE (C24CFR570 . 503 (b) (8) ) Once this acreement expires or is terminated, the subrecipient shall transfer to the City any CDBG funds on hand and any accounts receivable attributable to the use of CDBG funds . Any real property acquired in whole or in part with CDBG funds in excess of S25 , 000 in value shall be handled in one of the manners described below; (1) Used to meet one national objectives (24CFR570 . 208) until five years after expiration of the agreement; or (2) Disposed of in a manner that results in the City being reimbursed in the amount of the current market value less any portion of the value attributable to expenditure of 'non-CDBG funds for acquisition of, or improvement to the property.