2000-073-RES ACCEPTING THE STATEWIDE TRANSPORTATION
RESOLUTION NO. 2000-073
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, ACCEPTING THE STATEWIDE TRANSPORTATION
ENHANCEMENT PROGRAM GRANT THROUGH THE TEXAS
DEPARTMENT OF TRANSPORTATION; AUTHORIZING THE
EXECUTION OF THE ADVANCE FUNDING AGREEMENT FOR A
TRANSPORTATION ENHANCEMENT PROJECT; MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris did heretofore, on the 5th day of
August, 1999, in Resolution No. 99-100, authorize an application to be made to the Texas
Department of Transportation for the Statewide Transportation Enhancement Program grant; and,
WHEREAS, the Texas Department of Transportation has issued its Grant A ward entitled
"Statewide Transportation Enhancement Program" Grant No. CSJ-0901-29-0 17 , Project STP 2000
(615) TE, in the total amount of $805,920.00, requiring matching contribution of $201,480.00;
and,
WHEREAS, it is deemed to be in the best interests of the citizens of Paris that the City
of Paris accept said Grant A ward and continue to improve sidewalks, benches, and streetlights in
the Downtown Plaza area in the City of Paris; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1. That the findings set out in the preamble to this resolution are hereby in all
things approved.
Section 2. That the "Statewide Transportation Enhancement Program" Grant No. CSJ-
0901-29-017, Project STP 2000 (615) TE, in the total amount of $805,920.00, requiring matching
contribution of $201,480.00, be, and the same is hereby, accepted.
Section 3. That the City Manager be, and he is hereby, authorized and directed to
execute, on behalf of the City of Paris, the Advance Funding Agreement for a Transportation
Enhancement Project, under the terms and conditions and in the form shown in Exhibit A,
attached hereto.
Section 4. That this resolution shall be effective from and after its date of passage.
PASSED AND ADOPTED this 12th day of June, 2000.
ATTEST:
Mattie Cunningham, City Clerk
~_z~~
Michael J. Pfi ter, ayor
CSJ:0901-29-017
Project: STP 2000 (615) TE
STATE OF TEXAS ~
COUNTY OF TRA VIS ~
ADVANCE FUNDING AGREEMENT
For a TRANSPORTATION ENHANCEMENT PROJECT
This Advance Funding Agreement for a transportation enhancement project (the
Agreement) is made by and between the State of Texas, acting by and through the Texas
Department of Transportation, hereinafter called the "State", and the Citv of Paris City Council.
acting by and through its duly authorized officials hereinafter called the "Local Government."
WITNESSETH
WHEREAS, the Local Government prepared and submitted to the State a nomination form for
consideration under the Statewide Transportation Enhancement Program for the project which is
briefly described as downtown sidewalk beautification, hereinafter called the Project; and
WHEREAS, the Intermodal Surface Transportation and Efficiency Act of 1991 (ISTEA) and the
Transportation Equity Act for the 21 st Century (TEA-21) codified under Title 23 D.S.C. Section
101 et seq., authorize transportation programs to meet the challenges of protecting and enhancing
communities and the natural environment and advancing the nation's economic growth and
competitiveness; and
WHEREAS, IS TEA and TEA-21 establish federally funded programs for transportation
improvements to implement its public purposes; and
WHEREAS, Title 23 U.S.C. Section 134 requires that Metropolitan Planning Organizations and
the States' Transportation Agencies to develop transportation plans and programs for urbanized
areas of the State; and
WHEREAS, the Texas Transportation Code, Sections 201.103 and 222.052 establish that the
State shall design, construct and operate a system of highways in cooperation with local
governments; and
WHEREAS, federal and state laws require local governments to meet certain contract standards
relating to the management and administration of State and federal funds; and
WHEREAS, the Texas Transportation Commission passed Minute Order 108065 awarding
funding for projects in the 1999 Program Call of the Statewide Transportation Enhancement
Program, including the Project; and
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WHEREAS, the rules and procedures for the selection and administration of the Statewide
Transportation Enhancement Program are established in 43 T AC Sections 11.200 et seq.; and
WHEREAS, the governing body of the Local Government has approved entering into this
Agreement by resolution or ordinance dated August 5. 1999, which is attached hereto and made
a part hereof as Attachment A;
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set
forth, it is agreed as follows:
AGREEMENT
1. Period of the Agreement
This Agreement becomes effective when signed by the last party whose signing makes the
respective agreements fully executed. This Agreement shall remain in effect until terminated as
provided in Article 2.
2. Termination of this Agreement
This agreement may be terminated by any of the following conditions:
. by mutual written consent and agreement of all parties.
. by any party with 90 days written notice
. by either party, upon the failure of the other party to fulfill the obligations as set forth in
this Agreement. Any cost incurred due to such breach of contract shall be paid by the
breaching party
A. The termination of this Agreement shall extinguish all rights, duties, obligations and
liabilities of the State under this Agreement. If the potential termination of the
Agreement is due to the failure of the Local Government to fulfill its contractual
obligations, the State will notify the Local Government that possible breach of contract
has occurred. The Local Government should make every effort to remedy the breach
within a period mutually agreed upon by both parties,
B. If the Local Government withdraws from the Project after this Agreement is executed, it
shall be responsible for all direct and indirect Project costs as identified by the State's
cost accounting system.
C. A Project may be eliminated from the program as outlined below. If the Project is
eliminated for any of these reasons, this Agreement will be appropriately terminated. A
Project may be eliminated from the program, and this Agreement terminated, if:
i. The Local Government fails to satisfy any requirements of the program rules cited as
43 TAC ~11.200 et seq.
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ii. The implementation of the Project would involve significant deviation from the
activities as proposed in the nomination form.
iii. The Local Government withdraws from participation in the Project.
iv. The Project is not implemented within a reasonable time, as determined by the State
in consultation with the Local Government. In absence of information suggesting that
a shorter or longer period is appropriate, three years or less from the date of inclusion
in the Statewide Transportation Improvement Plan (STIP) will be presumed to be a
reasonable time.
v. The State determines that federal funding may be lost due to the Project not being
implemented and completed.
3. Amendments
This Agreement may be amended due to changes in the work or amount of funding required to
complete the Project or other material, required changes in the responsibilities of the parties,
Such amendment must be made through a mutually agreed upon, written amendment that is
executed by the parties.
4. Scope of Work
The scope of work for the Project, as described in the nomination form and as approved by the
Texas Transportation Commission, consists of engineering and landscape architectural design
work; sidewalk and curb and gutter replacement; drainage improvements; and landscaping and
irrigaiton.
5. Right of Way and Real Property Acquisition
Right-of-way and real property acquisition shall be the responsibility of the Local
Government. Title to right of way and other related real property must be acceptable to the
State before funds may be expended for the improvement of the right of way or real property.
If the Local Government is the owner of any part of a project site under this agreement, the
Local Government shall permit the State or its authorized representative access to occupy the
site to perform all activities required to execute the work.
All parties to this agreement will comply with and assume the costs for compliance with all
the requirements of Title II and Title ill of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, Title 42 U.S.C.A. Section 4601 et seq., including
those provisions relating to incidental expenses incurred by the property owners in conveying
the real property to the Local Government, and benefits applicable to the relocation of any
displaced person as defined in 49 CPR Section 24.2(g). Documentation to support such
compliance must be maintained and made available to the State and its representatives for
review and inspection.
A. The Local Government shall assume all costs and perform necessary requirements to
provide any necessary evidence of title or right of use in the name of the Local
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Government to the real property required for development of the Project. The evidence
of title or rights shall be acceptable to the State, and be free and clear of all
encroachments. The Local Government shall secure and provide easements and any
needed rights of entry over any other land needed to develop the Project according to the
approved Project plans. The Local Government shall be responsible for securing any
additional real property required for completion of the Project.
B. In the event real property is donated to the Local Government after the date of the State's
authorization, the Local Government will provide all documentation to the State
regarding fair market value of the acquired property. The State will review the Local
Government's appraisal, determine the fair market value and credit that amount towards
the Local Government's financial share. If donated property is to be used as a funding
match, it must be provided by a non-governmental entity and cannot be donated by a
federal, state or local government. The State will not reimburse the Local Government for
any real property acquired before execution of this agreement and the State's issuance of
a letter of funding authority.
C. The Local Government shall prepare real property maps, property descriptions, and other
data as needed to properly describe the real property and submit them to the State for
approval prior to the Local Government acquiring the real property. Tracings of the maps
shall be retained by the Local Government for a permanent record.
D. The Local Government agrees to make a determination of property values for each real
property parcel by methods acceptable to the State and to submit to the State a tabulation
of the values so determined, signed by the appropriate Local Government representative.
The tabulations shall list the parcel numbers, ownership, acreage and recommended
compensation. Compensation shall be shown in the component parts of land acquired,
itemization of improvements acquired, damages (if any) and the amounts by which the
total compensation will be reduced if the owner retains improvements. This tabulation
shall be accompanied by an explanation to support the determined values, together with a
copy of information or reports used in calculating all determined values. Expenses
incurred by the Local Government in performing this work may be eligible for
reimbursement after the Local Government has received written authorization by the
State to proceed with determination of real property values. The State will review the
data submitted and may base its reimbursement for parcel acquisitions on these values.
E. Condemnation shall not be used to acquire real property for this enhancement Project.
F. Reimbursement for real property costs will be made to the Local Government for real
property purchased in an amount not to exceed eighty percent (80%) of the cost of the
real property purchased in accordance with the terms and provisions of this agreement.
Reimbursement will be in an amount not to exceed eighty percent (80%) of the State's
predetermined value of each parcel, or the net cost thereof, whichever is less. In addition,
reimbursement will be made to the Local Government for necessary payments to
appraisers, expenses incurred in order to assure good title, and costs associated with the
relocation of displaced persons and personal property as well as incidental expenses.
G. If the Project requires the use of real property to which the Local Government will not
hold title, a separate agreement between the owners of the real property and the Local
Government must be executed prior to execution of this agreement. The separate
agreement must establish that the Project will be dedicated for public use for a period of
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not less than 10 (ten) years after completion. The separate agreement must define the
responsibilities of the parties as to the use of the real property and operation and
maintenance of the Project after completion. This agreement must be approved by the
State prior to its execution. A copy of the executed agreement shall be provided to the
State.
6. Utilities
If the required right of way encroaches upon existing utilities and the proposed project
requires their adjustment, removal or relocation, the Local Government will be responsible
for determining the scope of utility work and notify the appropriate utility company to
schedule adjustments.
The Local Government shall be responsible for the adjustment, removal or relocation of
utility facilities in accordance with applicable State laws, regulations, rules, policies and
procedures. This may include, but is not limited to: 43 TAC ~15.55 relating to Construction
Cost Participation; 43 TAC ~21.21 relating to State Participation in Relocation, Adjustment,
and/or Removal of Utilities; and, 43 T AC~ 21.31 et seq. relating to Utility Accommodation.
The Local Government will be responsible for all costs associated with additional
adjustment, removal, or relocation during the construction of the project, unless this work is
provided by the owners of the utility facilities:
a. per agreement; or
b. per all applicable statutes or rules.
Prior to letting a construction contract for a local project, a utility certification must be made
available to the State upon request stating that all utilities needing to be adjusted for
completion of the construction activity have been adjusted,
7. Environmental Assessment and Mitigation
Development of the Project must comply with the National Environmental Policy Act and the
National Historic Preservation Act of 1966, which require environmental clearance of
federal-aid projects.
a. The Local Government is responsible for the identification and assessment of any
environmental problems associated with the development of the Project.
b. The Local Government is responsible for the cost of any environmental problem's mitigation
and remediation.
c. The Local Government is responsible for providing any public meetings or public hearings
required for development of the environmental assessment.
d. The Local Government shall provide the State with written certification from appropriate
regulatory agency(ies) that identified environmental problems have been remediated.
These costs will not be reimbursed or credited towards the Local Government's financial share of
the Project unless specified in the nominating form and approved by the State.
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Forty five (45) days prior to any construction contract let date, the Local Government shall
provide a certification to the State that all real property has been acquired, all environmental
problems have been remediated, and all conflicting utilities have been adjusted.
8. Compliance with Texas Accessibility Standards and ADA
All parties to this agreement shall ensure that the plans for and the construction of all projects
subject to this Master Agreement are in compliance with the Texas Accessibility Standards
(T AS) issued by the Texas Department of Licensing and Regulation, under the Architectural
Barriers Act, Article 9102, Texas Civil Statutes, The TAS establishes minimum accessibility
requirements to be consistent with minimum accessibility requirements of the Americans
with Disabilities Act (P.L. 101-336) (ADA).
9. Architectural and Engineering Services.
Architectural and engineering services will be provided by the Local Government. In procuring
professional services, the parties to this agreement must comply with federal requirements cited
in 23 CPR Part 172 if the project is federally funded and with Texas Government Code 2254,
Subchapter A, in all cases. Professional services contracts for federally funded projects must
conform to federal requirements.
A, The architectural contract documents shall be developed in accordance with the standards
of the American Institute of Architects, the U.S. Secretary of the Interior's Standards for
Historic Preservation Projects, Standards and Guidelines for Archeology and Historic
Preservation, the National Register Bulletin Number 36: Guidelines for Evaluating and
Registering Historical Archeological Sites and in consultation with the State Historic
Preservation Officer, as applicable. The engineering plans shall be developed in
accordance with the State's applicable Standard Specifications for Construction and
Maintenance of Highways, Streets and Bridges and the two AASHTO publications, "A
Policy on Geometric Design of Highways and Streets" and "Guide for the Development
of Bicycle Facilities, " as applicable. All contract procurement procedures and documents
must adhere to the applicable requirements established in the Standard Specifications for
Construction and Maintenance of Highways, Streets and Bridges. The use of other
systems of specifications shall be approved by the State in writing in advance.
S. The Local Government shall submit any plans it has completed to the State for review
and approval. The Local Government may also submit the plans to the State for review
anytime prior to completion. The Local Government shall make the necessary revisions
determined by the State. The Local Government will not let the construction contract
until all required plans have received State approval.
C. The Local Government shall submit to the State all documentation relating to authorized
costs incurred for providing architectural and engineering services. Reasonable,
allowable, and allocable costs incurred by the Local Government, after the Local
Government has obtained written authorization from the State to incur costs, will be
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eligible for reimbursement at an amount not to exceed eighty percent (80%) of the
eligible authorized costs.
10. Construction Responsibilities
a. The Local Government shall advertise for construction bids, issue bid proposals, receives
and tabulate the bids and award and administer the contract for construction of the
Project. Administration of the contract includes the responsibility for construction
engineering and for issuance of any change orders, supplemental agreements,
amendments, or additional work orders, which may become necessary subsequent to the
award of the construction contract. In order to ensure federal funding eligibility, projects
must be authorized by the State prior to advertising for construction.
b. All contract letting and award procedures must be approved by the State prior to letting
and award of the construction contract, whether the construction contract is awarded by
the State or by the Local Government.
c. All contract change order review and approval procedures must be approved by the State
prior to start of construction.
d. Upon completion of the Project, the party constructing the project will issue and sign a
"Notification of Completion" acknowledging the Project's construction completion.
For federally funded contracts, the parties to this agreement will comply with federal
construction requirements cited in 23 CPR Part 635 and with requirements cited in 23 CPR
Part 633, and shall include the latest version of Form "FHW A-1273" in the contract bidding
documents. If force account work will be performed, a finding of cost effecti veness shall be
made in compliance with 23 CPR 635, Part B.
Any field changes, supplemental agreements or revisions to the design plans which may
occur after the construction contract is awarded will be mutually agreed to by the State and
the Local Government prior to authorizing the contractor to perform the work. Prior to
completion of the Project, the party responsible for construction will notify the other party to
this Agreement of the anticipated completion date. All parties will be afforded the
opportunity to assist the in the final review of the construction services performed by the
contractor.
11. Project Maintenance.
Upon completion of the Project, the Local Government will be responsible for maintaining
the completed facility for public use for a period of at least ten (10) years. Any manufacturer
warranties extended to the Local Government as a result of the Project shall remain in the
name of the Local Government. The State shall not be responsible for honoring any
warranties under this agreement.
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12. Local Project Sources and Uses of Funds
A. Project Cost Estimate: A Project Cost Estimate and Payment Schedule is provided in
Attachment C, showing the total estimated development cost of the Project. This
estimate shows the itemized cost of real property, utilities, environmental assessments
and remediation, architectural and engineering activities, construction, and any other
substantial items of cost. To be eligible for reimbursement, costs must have been
included in the itemized budget section of the nomination form approved by the
Texas Transportation Commission. Costs may be shifted between work categories
after receiving written approval from the State.
B. A Source of Funds estimate is also provided in Attachment C. Attachment C shows
the percentage and absolute dollar amounts to be contributed to the Project by federal,
state, and local sources.
C. The Local Government will be responsible for all non-federal participation costs
associated with the Project, including any overruns in excess of the Project cost
estimate and any operating or maintenance expenses. Donations made by a non-
governmental organization of real property, cash, materials, and services required for
the development of the Project may be eligible to count towards the local funding
share of a project as in-kind contributions. In order to be considered as an eligible in-
kind contribution, donations must be made by a non-governmental organization. The
value of the donated contributions of real property, materials, or services will be
based on fair market value. In-kind donations of services are limited to preparation of
plans, specifications and estimates, and may account for no more than ten percent
(10%) ofthe allowable Project's cost. The remaining balance ofthe local
contribution shall be in cash, donated real property or materials. The Local
Government may also provide services or materials to reduce the overall cost of a
Project, but it will not be considered as an in-kind contribution. Donations of real
property must be from private ownership to public ownership for Project purposes.
D. The State will be responsible for securing the federal share of funding required for the
development and construction of the Project, in an amount not to exceed eighty
percent (80%) of the actual cost of the work up to the amount of funds approved for
the Project by the Texas Transportation Commission. Federal funds will be
reimbursed on a cost basis, Project cost incurred prior to Project selection by the
Texas Transportation Commission and approval by the State to proceed are not
eligible for reimbursement.
E. Following execution of this agreement, but prior to the performance of any review
work by the State, the Local Government will remit a check or warrant made payable
to the "Texas Department of Transportation" to cover the estimated cost for the
State's review of the preliminary plans, specification, and engineering (PS&E) work.
The Local Government shall advance to the State a minimum of twenty percent (20%)
of the State's PS&E review cost. The estimated amount of this advance for this
Project is $2.000.00, including cash and allowable donations.
F. Sixty (60) days prior to the date set for receipt of the construction bids, the Local
Government shall remit its remaining financial share for the State's estimated
construction oversight and construction costs. The Local Government must advance
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to the State at least twenty (20%) of the Project construction and construction
engineering costs. The amount to be advanced for this Project estimated to be
$199.480.00, including cash and allowable donations.
G. In the event the State determines that additional funding is required by the Local
Government at any time during the development of the Project, the State will notify
the Local Government in writing. The Local Government will make payment to the
State within thirty (30) days from receipt of the State's written notification.
H. Upon completion of the Project, the State will perform an audit of the Project costs.
Any funds due to the Local Government, the State, or the Federal Government will be
promptly paid by the owing party.
I. In the event the Project is not completed, the State may seek reimbursement from the
Local Government of the expended federal funds. The Local Government will remit
the required funds to the State within sixty (60) days from receipt of the State's
notification.
J. The State will not pay interest on any funds provided by the Local Government.
K. The State will not execute the contract for the construction of a local project until the
required funding has been made available by the Local Government in accordance
with this Agreement.
13. Notices
All notices to either party by the other required under this agreement shall be delivered
personally or sent by certified or u.s. mail, postage prepaid or sent by electronic mail,
(electronic notice being permitted to the extent permitted by law but only after a separate
written consent of the parties), addressed to such party at the following addresses:
State:
Audrev L. Andrews. Enhansement Coordinator
Texas Department of Transportation
1365 N. Main Street
Paris. Texas 74560
Local Government:
Terry Townsend
Paris Main Street Manager
PO Box 9037
Paris. Texas 75461-9037
All notices shall be deemed given on the date so delivered or so deposited in the mail, unless
otherwise provided herein. Either party may change the above address by sending written
notice of the change to the other party. Either party may request in writing that such notices
shall delivered personally or by certified U.S. mail and such request shall be honored and
carried out by the other party.
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14. Legal Construction
In case one or more of the provisions contained in this agreement shall for any reason be
held invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provisions and this agreement shall be construed
as if it did not contain the invalid, illegal or unenforceable provision.
15. Responsibilities of the Parties
The State and the Local Government agree that neither party is an agent, servant, or
employee of the other party and each party agrees it is responsible for its individual acts and
deeds as well as the acts and deeds of its contractors, employees, representatives, and agents.
16. Ownership of Documents
Upon completion or termination of this agreement, all documents prepared by the State shall
remain the property of the State. All data prepared under this agreement shall be made
available to the State without restriction or limitation on their further use. All documents
produced or approved or otherwise created by the Local Government shall be transmitted to
the State in the form of photocopy reproduction on a monthly basis as required by the State.
The originals shall remain the property of the Local Government.
17. Compliance with Laws
The parties 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 manner affecting the performance of this agreement. When required, the
Local Government shall furnish the State with satisfactory proof of this compliance.
18. Sole Agreement
This agreement constitutes the sole and only agreement between the parties and supersedes
any prior understandings or written or oral agreements respecting the agreement's subject
matter.
19. Cost Principles
In order to be reimbursed with federal funds, the parties shall comply with the Cost
Principles established in OMB Circular A-87 that specify that all reimbursed costs are
allowable, reasonable and allocable to the Project.
20. Procurement and Property Management Standards
The parties shall adhere to the procurement standards established in Title 49 CPR ~18.36 and
with the property management standard established in Title 49 CPR ~18.32.
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21. Inspection of Books and Records
The parties to the agreement shall maintain all books, documents, papers, accounting records
and other documentation relating to costs incurred under this agreement and shall make such
materials available to the State, the Local Government, and, if federally funded, the Federal
Highway Administration (FHW A), and the U.S. Office of the Inspector General, or their
duly authorized representatives for review and inspection at its office during the contract
period and for four (4) years from the date of completion of work defined under this contract
or until any impending litigation, or claims are resolved. Additionally, the State, the Local
Government, and the FHW A and their duly authorized representatives shall have access to
all the governmental records that are directly applicable to this agreement for the purpose of
making audits, examinations, excerpts, and transcriptions.
22. Office of Management and Budget (OMB) Audit Requirements
The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502,
ensuring that the single audit report includes the coverage stipulated in OMB Circular No.
A-128 through August 31, 2000 and stipulated in OMB Circular A-l33 after August 31,
2000.
23. Civil Rights Compliance
The Local Government shall comply with the regulations of the Department of
Transportation as they relate to nondiscrimination (49 CPR Chapter 21 and 23 CPR
g710.405(B)), and Executive Order 11246 titled "Equal Employment Opportunity," as
amended by Executive Order 11375 and supplemented in the Department of Labor
Regulations (41 CPR Part 60).
24. Disadvantaged Business Enterprise Program Requirements
The parties shall comply with the Disadvantaged/Minority Business Enterprise Program
requirements established in 49 CPR Part 26.
25. Debarment Certifications
The parties are prohibited from making any award at any tier to any party that is debarred or
suspended or otherwise excluded from or ineligible for participation in Federal Assistance
Programs under Executive Order 12549, "Debarment and Suspension." The parties to this
contract shall require any party to a subcontract or purchase order awarded under this
contract to certify its eligibility to receive Federal funds and, when requested by the State, to
furnish a copy of the certification in accordance with Title 49 CPR Part 29 (Debarment and
Suspension).
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26. Lobbying Certification
In executing this Agreement, the signatories certify to the best of his or her know ledge and
belief, that:
a. No federal appropriated funds have been paid or will be paid by or on behalf of the
parties to any person for influencing or attempting to influence an officer or employee of
any federal 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.
b. 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 any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with federal contracts, grants, loans, or cooperative
agreements, the signatory for the Local Government shall complete and submit the federal
Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
c. The parties 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.
Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Title 31 U.S.C. ~ 1352. 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.
26. Signatory Warranty.
The signatories to this agreement warrant that each has the authority to enter into this agreement
on behalf of the party represented.
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IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in
duplicate counterparts.
THE LOCAL GOVERNMENT
By:
Title:
Date:
THE STATE OF TEXAS
Executed for the Executive Director and approved for the Texas Transportation Commission for
the purpose and effect of activating and/or carrying out the orders, established policies or work
programs heretofore approved and authorized by the Texas Transportation Commission.
By:
Jennifer D. Soldano, Director
Contract Services Office
Date:
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