Ordinance No. 12,075ORDINANCE NO. 12,075
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO
ATTEST TO AN INTERLOCAL AGREEMENT WITH HARRIS COUNTY FOR THE
CONSTRUCTION OF TRANSIT SHELTERS; AUTHORIZING PAYMENT FOR
MATERIALS AND IN -KIND LABOR BY THE CITY OF BAYTOWN IN AN
AMOUNT NOT TO EXCEED TWENTY THOUSAND SIX HUNDRED AND NO /100
DOLLARS ($20,600.00); MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes the City
Manager to execute and the City Clerk to attest to an Interlocal Agreement with Harris County for the
construction of transit shelters. A copy of said agreement is attached hereto as Exhibit "A," and
incorporated herein for all intents and purposes.
Section 2: That the City Council of the City of Baytown hereby authorizes payment for
materials and in -kind labor in an amount not to exceed TWENTY THOUSAND SIX HUNDRED AND
NO /100 DOLLARS ($20,600.00) pursuant to the Agreement authorized in Section 1 hereof.
Section 3: That the City Manager is hereby granted general authority to approve any change
order involving a decrease or an increase in costs of FIFTY THOUSAND AND NO 1100 DOLLARS
($50,000.00) or less; however, the original contract price may not be increased by more than twenty-five
percent (25 %) or decreased by more than twenty-five percent (25 %) without the consent of the contractor
to such decrease.
Section 4: This ordinance 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
Baytown this the 27° day of September, 2012. j
APPROVED AS TO FORM:
ACIO RAMIREZ, SR., City mey
Council of the City of
a.vcu iWCay CouM&OWtNll[asU013l4 =q 274W to jthllmn.c W4T, sashcI a:
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 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." The County and Baytown may each be referred to herein as a "Party" or
collectively as the "Parties."
WITNESSETH
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.
On or around July 8, 2008, Baytown and the County entered into an Interlocal
Agreement ( "Bus Service Agreement ") for Fixed Route Bus Service within the City of
Baytown finding that such service will enhance regional mobility, promote economic
development and support transit services within the County and Baytown.
The Bus Service Agreement provided in part that Baytown would construct
certain transit stops, but did not provide for installation of shelters at such transit stops.
On or around February 9, 2010, Baytown and the County entered into a previous
interlocal agreement to provide for shelters at certain transit stops.
Baytown and the County now desire to enter into this Agreement to provide for
additional shelters at certain transit stops along the Fixed Route Bus Service within the
City of Baytown.
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C.A. File No.: 12GEN 1229
For and in consideration of the mutual covenants, agreements and benefits to the
Parties herein named, it is agreed as follows:
ARTICLE I
Scope of Agreement.
1.1 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 this 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
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C.A. File No.: 12GEN 1229
goal.
on the basis of race, creed, color, national origin, age, or sex in the award and
performance of DOT - assisted contracts.
Any contract issued under this Agreement will carry a 15% DBE participation
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
subcontractors 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
ten (10) 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.
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C.A. File No.: 12GEN1229
2.3 Storage of Shelters. Except in the case of a force majeure as defined in
Section 6.2, Baytown will be responsible for the safe storage of all shelters tendered by
the County until they are installed; provided that the City shall not be required to store
more than ten (10) shelters at any one time.
2.4 Damaged Shelters. In the event that a 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
3.1 Baytown will submit an invoice to the County for the exact cost of the
installation as prescribed in the table of cost attached as Exhibit B. The County will remit
payment to Baytown within thirty (30) days after receipt of an invoice for this material
and work. Notwithstanding any provision of this Agreement, the County shall have no
obligation under this Agreement to expend funds in excess of the $20,600.00 for any
purpose under this Agreement, included but not limited to the acquisition of shelters and
payment for their installation, except to the extent that additional funds are 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.
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C.A. File No.: 12GEN 1229
ARTICLE 4
Liability
4.1 Baytown and the County are governmental units under the Texas Tort
Claims Act.
4.2 Baytown acknowledges that it is not an agent, servant, nor employee of
the County. The County acknowledges that it is not an agent, servant, or employee of
Baytown.
4.3 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. 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 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.
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C. A. File No.: 12GEN 1229
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 obligations, 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 Maieure. 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
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C.A. File No.: 12GEN 1229
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
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
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C.A. File No.: 12GEN 1229
The Parties will exchange email addresses for electronic communications.
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.
6.5 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.
6.8 Survival. Each Party shall remain obligated to the other party under all
clauses of this Agreement that expressly or by their nature extend beyond the expiration
or termination of this Agreement.
[ SIGNATURES ON NEXT PAGE
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C.A. File No.: 12GEN1229
IN WITNESS WHEREOF, the Parties have caused the Agreement to be
executed as of the date of the last authorized signature affixed hereto.
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 , 2012, been executed on behalf of the
County by David B. Turkel, pursuant to Order of the County Commissioners Court
authorizing such execution.
b. It has on the day of , 2012 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.: 12GEN1229
C.A. File No.: 12GEN1229
City of Baytown
By:
Robert D. Leiper
City Manager
Attest:
Leticia Brysch
City Clerk
Approved as to form:
0
Ignacio Ramirez, Sr.
City Attorney
Page 19
EXHIBIT A
[shelter locations]
Rollin brook @ Hutto
West Texas @ Laredo
Lee @ Gent Relocation of Unit
EXHIBIT B
Parks and Recreation Department
Bus Shelters Cost Estimates
2/12/2008 - Revised November 6, 2009
Installation - 5' x 10' Transit Shelter with Slab
#
Description
# Needed
Cost/each
Total
1
Slab Tx 13'x6 inches
2
$ 100.00
$ 200.00
2
Shelter Kit with bench, trash can & light kit
1
$ -
$ -
3
Misc. Supplies (ree bar, bolts, nails, form lumber)
1
$ 300.00
$ 300.00
4
iSignage (as required)
1
$ 300.00
$ 300.00
Total Construction Materials
$ 800.00
5
Labor (3 man crew - 24 hrs /each)
30
$ 33.06
$ 991.80
6
Fringe Benefits (27% of total of #8)
27%
$ 991.801
$ 267.79
Total Labor
$1,259.59
Total Cost per shelter
$ 2,059.59
EXHIBIT C
Federal Transportation Administration Requirements
AUDIT AND INSPECTION OF RECORDS
Baytown shall permit the authorized representatives of Harris County,
the U.S. Department of Transportation (U.S. DOT), and the Comptroller General of the
United States to inspect and audit all data and records of Baytown relating to its
performance under this Agreement. Baytown shall maintain complete and accurate
records with respect to its performance under this Agreement. All such records shall
be maintained in accordance with generally accepted accounting principles and shall
be clearly identified and readily accessible at all reasonable times. Baytown further
agrees that Harris County shall have, until the expiration of three (3) years after final
payment of this Agreement, access to and right to examine any directly pertinent
books, documents, papers, and records concerning this project.
OWNERSHIP OF MATERIALS
All maps, drawings, documents, data, reports, research, graphic
presentation materials, etc., developed by Baytown as a part of its work under this
Agreement, shall become the property of Harris County upon completion of this
Agreement, or in the event of termination or cancellation thereof, at the time of
payment for work performed. All such data and material shall be furnished to Harris
County on request. All documents, including, but not limited to, drawings,
specifications, and data or programs stored electronically, prepared by Baytown
pursuant to this Agreement are related exclusively to the services described herein.
Any reuse without written verification of adaptation by Baytown to specific purposes
intended will be at Harris County's sole risk and without liability or legal exposure to
Baytown.
EQUAL EMPLOYMENT OPPORTUNITY
In connection with the execution of this Agreement, Baytown shall not
discriminate against any employee or applicant for employment because of race, color,
religion, age, sex, marital status, or national origin. Baytown shall take affirmative
action to ensure that applicants and employees are treated during application or
employment, without regard to their race, color, religion, age, sex, marital status, or
national origin. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion, transfer, recruitment or recruitment advertising,
layoffs or termination, rates of pay or other forms of compensation, and selection for
training, including apprenticeships. Baytown further agrees to insert a similar
provision in all subcontracts, except subcontracts for standard commercial supplies or
raw materials.
Title VI Compliance
During the performance of this Agreement, Baytown, for itself, its
assignees, and successors in interest agrees as follows:
A. COMPLIANCE WITH REGULATIONS. Baytown shall comply with the
Regulations relative to nondiscrimination in federally assisted programs of U.S. DOT,
Title 49 CFR, Part 21, as they may be amended from time to time (hereinafter referred
to as "the Regulations "), which are herein incorporated by reference and made a part
of this Agreement.
B. NONDISCRIMINATION. Baytown, with regard to the work performed by
it during this Agreement, shall not discriminate on the grounds of race, color, religion,
age, sex, marital status, or national origin in the selection and retention of
subcontractors, including procurements of materials and leases of equipment.
Baytown shall not participate, either directly or indirectly, in discrimination prohibited
by Section 21.5 of the Regulations, including employment practices, when this
Agreement covers a program set forth in Appendix B of the Regulations.
C. SOLICITATIONS FOR SUBCONTRACTORS, INCLUDING PROCUREMENTS OF
MATERIALS AND EQUIPMENT. In all solicitations, either by competitive bidding or
negotiation made by Baytown for work to be performed under a subcontract, including
procurements of materials or leases of equipment, each potential subcontractor or
supplier shall be notified by Baytown of Baytown's obligations under this Agreement
and the Regulations relative to nondiscrimination on the grounds of race, color,
religion, age, sex, marital status, or national origin.
D. INFORMATION AND REPORTS. Baytown shall provide all information
and reports required by the Regulations or directives issued pursuant thereto and
shall permit access to its books, records, accounts, and other sources of information
and its facilities, as may be determined by the Recipient or FTA to be pertinent to
ascertain compliance with such regulations, orders, and instructions. Where any
information is required or is in the exclusive possession of another who fails or refuses
to furnish this information, Baytown shall so certify to Harris County or FTA, as
appropriate, and shall set forth what efforts it has made to obtain the information.
2
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:
1. Withholding of payments to Baytown under this Agreement until
Baytown complies; and /or
2. Cancellation, termination, or suspension of this Agreement, in
whole or in part.
F. INCORPORATION OF PROVISIONS. Baytown shall include the
provisions of Paragraphs A through F of this section in every subcontract, including
procurements of materials and leases of equipment, unless exempt by the Regulations
or directives issued pursuant thereto. Baytown shall take such action with respect to
any subcontract or procurement as Harris County may direct as a means of enforcing
such provisions, including sanctions for noncompliance, provided, however, that in
the event Baytown becomes involved in, or is threatened with, litigation with a
subcontractor or supplier as a result of such direction, Baytown may request that
they enter into such litigation to protect the interests of Harris County.
PROHIBITED INTEREST
No employee, officer, or agent of Harris County or the Goodman
Corporation shall participate in selection or in the award of administration of a
contract if a conflict of interest, real or apparent, would be involved. Such a conflict
would arise when:
the employee, officer, or agent;
any member of his or her immediate family;
his or her partner; or
an organization which employs, or is about to employ, such individuals;
has a financial or other interest in the firm selected for award. Harris County's or the
Goodman Corporation officers, employees, or agents shall neither solicit nor accept
gratuities, favors, or anything of monetary value from Baytown, potential Baytowns, or
parties of subcontracts.
INTEREST OF MEMBERS OR DELEGATES TO CONGRESS
3
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
maximum salary and wage statutes and regulations, and licensing laws and
regulations. When required, the Contractor shall furnish Harris County with
satisfactory proof of its compliance therewith.
ENERGY POLICY
Contracts shall recognize mandatory standards and policies relating to energy
efficiency which are contained in the state energy conservation plan issued in
compliance with the Energy Policy and Conservation Act (P.L. 94 -163).
CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT
REQUIREMENTS
Contractor agrees to comply with all applicable standards, orders, or requirements
issued under Section 306 of the Clean Air Act (42 USC 1857 (h), Section 508 of the
Clean Water Act (33 USC 1368), Executive Order 11738, and Environmental
Protection Agency regulations (40 CFR, Part 15) which prohibit the use under
nonexempt federal contracts, grants or loans, of facilities included on the EPA list for
Violating Facilities.
4
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 rive 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).
a
Harris County Community Services Department
Office of Transit Services
Certification for Contracts, Grants, Loans, and Cooperative Agreements
(To be submitted with each bid or offer exceeding $100,000)
The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of an agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any Federal contract, the making of any Federal grant, the making
of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person
for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form - -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as
amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413
(1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10
of the Lobbying Disclosure Act of 1995
(P.L. 104 -65, to be codified at 2 U.S.C. 1601, et seq.)]
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the
Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall
be subject to a civil penalty of not less than $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 ,2012
Covered Actions:
Signature of Contractor's Authorized Official
Printed Name of Contractor's Authorized Official
Title of Authorized Official
(Program, Project or Activity)
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. 5323U)(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)(6), 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
2012, 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
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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.: 12GEN1229