HomeMy WebLinkAbout021470 RES - 09/01/1992A RESOLUTION
AUTHORIZING CITY MANAGER OR HIS DESIGNEE TO EXECUTE
REVISED CONTRACTUAL AGREEMENT WITH THE TEXAS
DEPARTMENT OF TRANSPORTATION FOR RECEIPT OF FEDERAL
PLANNING FUNDS FOR THE PURPOSE OF MAINTAINING A
COMPREHENSIVE COORDINATED AND CONTINUING
TRANSPORTATION PLANNING PROCESS FOR THE CORPUS
CHRISTI TRANSPORTATION MANAGEMENT AREA.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the City Manager or his Designee is hereby authorized to execute
a revised contractual agreement with the Texas Department of Transportation for the
receipt of federal planning funds for the purpose of maintaining a comprehensive
coordinated and continuing transportation planning process for the Corpus Christi
Transportation Management Area, all as more fully set forth in the revised contractual
agreement, a substantial copy of which is attached hereto and made a part hereof, marked
Exhibit A.
A 1"IIEST:7--
1,
vJ
Armando Chapa, City Secretary
MAY
THE CI CORPUS CHRISTI
APPROVED: 2(; lit DAY OF O ,ri5-1- , 1992
JAMES R. BRAY, JR., CITY ATTORNEY
By: 0--11/wk /Lit(AA,Cr
Assistant City Attorney
Nunns5000.205.ajr
021470
MiCROEILMEu
URBAN TRANSPORTATION PLANNING CONTRACT
THE STATE OF TEXAS **
THE COUNTY OF TRAVIS **
THIS CONTRACT IS MADE by and between the State of Texas, acting by
and through the Texas Department of Transportation, hereinafter
called the State, and the City of Corpus Christi, which has been
designated the Metropolitan Planning Organization (MPO) of the
Corpus Christi urbanized area(s), hereinafter called the MPO.
WITNESSETH
WHEREAS, 23 USC 134 and Section 8 of the Federal Transit Act, as
amended by the Intermodal Surface Transportation Efficiency Act of
1991, requires that Metropolitan Planning Organizations, in
cooperation with the State, shall develop transportation plans and
programs for urbanized areas of the State; and
WHEREAS, 23 USC 104(f), as amended by the Intermodal Surface
Transportation Efficiency Act of 1991, authorizes Metropolitan
Planning (PL) Funds and Federal Transit Act Section 8 Funds to be
made available to Metropolitan Planning Organizations (MPO) duly
designated by the Governor of each of the several States to support
the urban transportation planning process; and,
WHEREAS, the federal share payable for authorized activities
utilizing Section 8 and Metropolitan Planning (PL) Funds is 80% of
allowable costs; and,
WHEREAS, Texas Civil Statutes Article 6674d and 6674d-1 authorize
the State to expend federal and state funds for improvements to the
State Highway System, and for improvements to roads not on the
system of the state highways, as may be necessary for proper
construction and prosecution of the work; and,
WHEREAS, Texas Civil Statutes Article 6674d and 6674d-1 authorize
the State to provide the necessary cash or in-kind match of 20% of
allowable costs for planning the integrated network of Federal,
State, and local roads; and,
WHEREAS, State funds, Metropolitan Planning (PL) Funds, and Section
8 Funds are to be used in conjunction with work conducted under the
terms of this contract; and,
WHEREAS, the Governor of the State of Texas has designated the City
of Corpus Christi acting through their Transportation Policy Board
to be the MPO for the above-mentioned urbanized area(s); and,
WHEREAS, an area equal to or larger that the above-mentioned
urbanized area has been delineated in accordance with Federal
guidelines where required Transportation Planning activities may
take place; said area is shown in Attachment A and hereinafter
called the Metropolitan Planning Area; and,
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IT
WHEREAS, the Governor of the State of Texas and the City of Corpus
Christi have executed an agreement pursuant to the MPO designation,
said agreement as it was executed and any subsequent amendments
being attached hereto as Attachment B and made a part hereof;
NOW, THEREFORE, in consideration of the premises and mutual
covenants and agreements of the parties hereto to be by them
respectively kept and performed, as hereinafter set forth, the
State and the MPO do agree to as follows:
AGREEMENT
Article 1. Contract Period
This agreement becomes effective when signed by all parties hereto
and shall extend for the succeeding six years. It is provided,
however, that nothing shall obligate the State to the MPO if the
Governor's designation of the MPO is withdrawn or if federal funds
cease to become available within the six-year period or if the
contract is terminated as hereinafter provided.
At the end of six years, this agreement shall be reviewed and an
amendment or a new agreement executed, if both parties agree to the
need for an amendment or a new agreement. If all terms and
conditions of this agreement remain viable, no amendment or new
agreement shall be required. In the event that no amendment or new
agreement is required, a letter from the State to the MPO shall
constitute renewal of the agreement for an additional six years,
subject to all terms and conditions herein specified.
Article 2. Responsibilities of the State
The responsibilities of the State are as follows:
1. Make available to the MPO the appropriate federal
transportation planning funds and the required local
matching funds as authorized by the Texas Transportation
Commission. Future federal apportionment of planning
funds will be allocated whenever they become available.
2. Provide, as appropriate, technical assistance and/or
guidance in the collection, processing, and forecasting
of socio-economic data needed for development of traffic
forecasts and planning proposals within the Metropolitan
Area Boundary.
3. Collect, process and forecast vehicular travel volume
data in cooperation with the MPO.
4. Jointly promote the intermodal development of the State's
transportation system within the Metropolitan Area
Boundary by identifying points in the system where
access, connection, and coordination between the modes
and inter -urban facilities would benefit the entire
system.
1 II T
Page 2 of 15
5. Share information and information sources concerning
transportation planning issues.
Article 3. Responsibilities of the MPO
The responsibilities of the MPO are as follows:
1. Utilize funds provided in accordance with Article 2,
Section 1 of this contract to develop and maintain a
comprehensive regional transportation planning program in
conformity with requirements of 23 USC Section 134(f) and
49 USC Section 8.
2. Assemble and maintain adequate competent, staff to
perform all appropriate MPO activities required by law.
A "Transportation Planning Director" shall be designated
to administer the program. The Transportation Planning
Director who shall serve in a full time capacity for
Transportation Management Areas, shall take planning
policy direction from and be responsible to the
designated MPO Transportation Policy Board. For the non -
Transportation Management Areas, the Transportation
Planning Director shall take planning policy direction
from and be responsible to the designated MPO
Transporation Policy Board while acting in the
Transportation Planning Director capacity. All MPO
Transportation Planning staff shall be supervised by the
Transportation Planning Director regardless of agency
affiliation.
The Transportation Director shall also act as a liaison
to the State's transportation planning program through
the State's District Transportation Planning
Administrator and the State's Austin Division of
Transportation Planning representative.
3. Collect, maintain, forecast and report to the State on a
timely basis appropriate socio-economic, roadway and
travel data, in cooperation with Texas Department of
Transportation.
4. Maintain required accounting records for state and
federal funds consistent with current federal and state
requirements.
5. Prepare all required plans, reports, programs, data, and
certifications in a timely manner. Maintain a
Transportation Planning General Information Data Base
whose contents are to be agreed upon by the MPO, the
State, the Federal Highway Administration (FHWA) and the
Federal Transit Administration (FTA).
6. Develop a metropolitan transportation plan for the
Metropolitan Area Boundary that will complement the
Statewide Multimodal Transportation Plan required by the
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state and federal law. As a minimum the MPO shall
consider in their planning process the (15) fifteen
factors outlined in 23 USC Section 134(f).
7. Share information and information sources concerning
transportation planning issues.
Article 4. Unified Planning Work Program
Each year the MPO shall submit to the State for approval a program
of work which includes goals, objectives, and/or tasks required by
each of the several agencies involved in the urban transportation
planning process. This program of work is to be called the Unified
Planning Work Program (UPWP) or any name that may be specified in
later federal or state regulations, and each year's approved UPWP
shall be incorporated into this contract by reference as Attachment
C.
The budget and statement of Work for
will be as included in each UPWP.
Transportation must approve the UPWP
may be incurred thereunder for the new
amount payable for each year will not
included in the UPWP.
each year of this contract
The U.S. Department of
in writing before any costs
fiscal year, and the maximum
exceed the estimated budget
The effective date of each UPWP will be October 1 of each
applicable fiscal year or the date of federal approval, whichever
occurs later. On that date, the UPWP shall constitute a new
federal project and shall supersede the previous UPWP.
This provision of the contract will eliminate the necessity for
annual amendments to reflect new funding and new tasks for each
fiscal year.
The UPWP shall comply with all applicable federal and state
requirements, and will describe urban transportation and
transportation related planning activities anticipated in the area
during the next one or two year period, including any planning work
to be performed with federal planning assistance, and as in any way
specified in the Federal -Aid Policy Guide (FAPG) Parts 420 and 450
and FTA Circular 8100.1A and subsequent modifications as
appropriate.
Should any conflict be discovered between the terms of this
contract and the UPWP, the terms of this contract shall prevail.
Article 5. Compensation
The State's payment of any cost incurred hereunder is contingent
upon the following:
a. Sufficient federal and state funds are available to the State
for making payments hereunder.
b. The incurred cost is authorized in the prevailing UPWP. The
maximum amount payable under this contract shall not exceed
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the total budget amount of one year year's approved budget as
included in the UPWP.
c. The cost has actually been incurred by the MPO and meets the
following criteria:
(1) is verifiable from MPO records
(2) is not included as match funds for any other federally -
assisted program
(3) is necessary and reasonable for the proper and efficient
accomplishment of program objectives
(4) is the type of charges that would be allowable under OMB
Circular A-87, "Cost Principles for State and Local
Governments"
(5) is not paid by the state or federal government under
another assistance program unless authorized to be used
as match under the other federal or state agreement and
the laws and regulations to which it is subject.
d. No work shall be performed in a fiscal year without the
State's issuance of a work order subsequent to federal
approval of the prevailing UPWP. The State's work order shall
state the date of federal authorization and the effective date
of the approved UPWP.
e. The MPO is authorized to submit requests for payment of
authorized costs incurred hereunder on a monthly basis. Each
request for payment will be submitted in a manner acceptable
to the State, which includes as a minimum the following
information:
(1) UPWP budget category or line item
(2) description of the cost
(3) quantity
(4) price
(5) extension
(6) total
f. The MPO's compliance with the terms of Article 3,
Responsibilities of the MPO. Noncompliance with the terms of
Article 3 may result in cancellation of work authorization
and/or suspension of payments.
Article 6. Indemnification
To the extent possible under State law, the MPO shall save harmless
the State from all claims and liability due to the acts or
omissions of the MPO, its agents or employees. To the extent
possible under State law, the MPO also agrees to save harmless the
state from any and all expenses, including attorney fees, all court
costs and awards for damages, incurred by the State in litigation
or otherwise resisting such claims or liabilities as a result of
any activities of the MPO, its agents or employees.
Further, to the extent possible under State law, the MPO agrees to
protect, indemnify, and save harmless the State from and against
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11
all claims, demands and causes of action of every kind and
character brought by any employee of the MPO against the State due
to personal injuries and/or death to such employee resulting from
any alleged negligent act, by either commission or omission on the
part of the MPO or the State.
Article 7. Inspection of Work
The State and, when federal funds are involved, the U. S.
Department of Transportation, and any authorized representative
thereof, have the right at all reasonable times to inspect or
otherwise evaluate the work performed or being performed hereunder
and the premises in which it is being performed.
If any inspection or evaluation is made on the premises of the MPO
or a subcontractor, the MPO shall provide and require its
subcontractor to provide all reasonable facilities and assistance
for the safety and convenience of the inspectors in the performance
of their duties. All inspections and evaluations shall be
performed in such a manner as will not unduly delay the work.
Article 8. Work Performance
All work performed hereunder shall be carried out in a professional
and orderly manner, and the products authorized in the UPWP shall
be accurate and exhibit high standards of workmanship.
Article 9. Disputes
The MPO shall be responsible for the settlement of all contractual
and administrative issues arising out of procurement entered into
in support of contract work.
In the event of a dispute concerning the work performed hereunder
in support of the urban transportation planning process, the
Executive Director of the State shall act as referee, and his
decision shall be final and binding.
Article 10. Noncollusion
The MPO warrants that it has not employed or retained any company
or person, other than a bona fide employee working for it, to
solicit or secure this contract, and that it has not paid or agreed
to pay any company or person, other than a bona fide employee, any
fee, commission, percentage, brokerage fee, gift, or any other
consideration contingent upon or resulting form the award or making
of this contract. If the MPO breaches or violates this warranty,
the State shall have the right to annul this contract without
liability or, in its discretion, to deduct from the contract price
or consideration, or otherwise recover the full amount of such fee,
commission, brokerage fee, gift, or contingent fee.
Page 6 of 15
Article 11. Reporting
The MPO shall submit a quarterly performance report within 30 days
after the end of the first three quarters and no later than 90 days
after the end of the final quarter.
During the term of the contract, the MPO shall promptly advise the
State in writing of events which have a significant impact upon the
contract, including:
a. Problems, delays, or adverse conditions which will
materially affect the ability to attain program
objectives, prevent the meeting of time schedules and
goals, or preclude the attainment of project work units
by established time periods. This disclosure shall be
accompanied by a statement of the action taken, or
contemplated, and any state or federal assistance needed
to resolve the situation.
b. Favorable developments or events that enable meeting time
schedules and goals sooner than anticipated or producing
more work units than originally projected.
Article 12. Records
The MPO agrees to maintain all books, documents, papers, accounting
records, and other evidence pertaining to costs incurred and work
performed hereunder and shall make such materials available at its
office during the time period covered and for three years from the
date of final payment under the UPWP. Such materials shall be made
available during the specified period for inspection by the State,
the U.S. Department of Transportation and the Office of the
Inspector General, and any of their authorized representatives for
the purpose of making audits, examinations, excerpts, and
transcriptions.
Article 13. Subcontracts
Any subcontract for services rendered by individuals or
organizations not a part of the MPO's organization shall not be
executed without prior authorization and approval of the
subcontract by the State and, when federal funds are involved, the
U.S. Department of Transportation. If the subcontract is
authorized in the current approved Unified Planning Work Program,
and if the MPO's procurement procedures have been approved by the
State either directly or through self -certification by the MPO, the
subcontract shall be deemed to be authorized and approved, provided
that the subcontract includes all provisions required by the State
and the U.S. Department of Transportation.
Subcontracts in excess of $25,000 shall contain all required
provisions of this contract.
No subcontract will relieve the MPO of its responsibility under
this contract.
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Article 14. Termination
The State may terminate this contract at any time before the date
of completion if the Governor withdraws his designation of the MPO
or if it is determined that the MPO has failed to comply with the
conditions of the contract. The State shall give written notice to
the MPO at least seven days prior to the effective date of
termination and specify the effective date of termination.
The State may terminate this contract for reasons of its own,
subject to agreement by the MPO.
If both parties to this contract agree that the continuation of the
contract would not produce beneficial results commensurate with the
further expenditure of funds, the parties shall agree upon the
termination conditions.
Upon termination of this contract, whether for cause or at the
convenience of the parties hereto, all finished or unfinished
documents, data, studies, surveys, reports, maps, drawings, models,
photographs, etc., prepared by the MPO shall, at the option of the
State, be delivered to the State.
The State shall compensate the MPO for those eligible expenses
incurred during the contract period which are directly attributable
to the completed portion of the work covered by this contract,
provided that the work has been completed in a manner satisfactory
and acceptable to the State. The MPO shall not incur new
obligations for the terminated portion after the effective date of
termination.
Except with respect to defaults of subcontractors, the MPO shall
not be in default by reason of any failure in performance of this
contract in accordance with its terms (including any failure by the
MPO to progress in the performance of the work) if such failure
arises out of causes beyond the control and without the default or
negligence of the MPO. Such causes may include but are not limited
to acts of God or of the public enemy, acts of the Government in
either its sovereign or contractual capacity, fires, floods,
epidemics, quarantine restrictions, strikes, freight embargoes, and
unusually severe weather. In every case, however, the failure to
perform must be beyond the control and without the fault or
negligence of MPO.
Article 15. Remedies
Violation or breach of contract terms by the MPO shall be grounds
for termination of the contract. Any increased cost arising from
the termination shall be paid by the MPO.
This agreement shall not be considered as specifying the exclusive
remedy for any dispute, but all remedies existing at law and in
equity may be availed of by either party and shall be cumulative.
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Article 16. Gratuities
Texas Transportation Commission policy mandates that employees of
the State shall not accept any benefits, gifts or favors from any
person doing business with or who reasonably speaking may do
business with the State under this contract.
Any person doing business with or who reasonably speaking may do
business with the State under this contract may not make any offer
of benefits, gifts or favors to State employees, except as
mentioned hereabove. Failure on the part of the MPO to adhere to
this policy may result in termination of this contract.
Article 17. Compliance with Laws
The MPO 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 contract, including
without limitation, workers' compensation laws, minimum and maximum
salary and wage statutes and regulations, and licensing laws and
regulations. When required, the MPO shall furnish the State with
satisfactory proof of its compliance therewith.
Article 18. Successors and Assigns
The State and the MPO each binds itself, its successors, executors,
assigns and administrators to the other party to this agreement and
to the successors, executors, assigns and administrators of such
other party in respect to all covenants of this agreement. The MPO
shall not assign, sublet, or transfer its interest in this
agreement without written consent of the State.
Article 19. Debarment/Suspension
The MPO is prohibited from making any award or permitting any award
at any tier to any party which is debarred or suspended or
otherwise excluded from or ineligible for participation in federal
assistance programs under Executive Order 12549, Debarment and
Suspension.
The MPO shall require any party to a subcontract or purchase order
awarded under this contract as specified in Title 49 of the Code of
Federal Regulations, Part 29 (Debarment and Suspension) to certify
its eligibility to receive federal funds and, when requested by the
State, to furnish a copy of the certification.
Article 20. Additional Work
The MPO is not authorized to request payment for any work it may
perform that is not included in the prevailing Unified Planning
Work Program.
Page 9 of 15
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Article 21. Equal Employment Opportunity
The MPO agrees to comply with Executive Order 11246 entitled "Equal
Employment Opportunity" as amended by Executive Order 11375 and as
supplemented in Department of Labor Regulations (41 CFR 60).
Article 22.
During the
successors
Nondiscrimination
performance of this contract, the MPO, its assigns and
in interest, agrees as follows:
1. Compliance with Regulations: The MPO shall comply with
the regulations relative to nondiscrimination in
federally -assisted programs of the U.S. Department of
Transportation, Title 49, Code of Federal Regulations,
Part 21 and Title 23, Code of Federal Regulations, Part
710.405(b), 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
contract.
2. Nondiscrimination: The MPO, with regard to the work
performed by it during the contract, shall not
discriminate on the grounds of race, color, sex, or
national origin in the selection and retention of
subcontractors, including procurements of materials and
leases of equipment. The MPO shall not participate
either directly or indirectly in the discrimination
prohibited by Section 21.5 and Part 710.405(b) or the
Regulations, including employment practices when the
contract covers a program set forth in Appendix B of the
Regulations.
3. Solicitations for Subcontracts, Including Procurements of
Materials and Equipment: In all solicitations either by
competitive bidding or negotiation made by the MPO 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
the MPO of the MPO's obligations under this contact and
the Regulations relative to nondiscrimination on the
grounds of race, color, sex, or national origin.
4. Information and Reports: The MPO shall provide all
information and reports required by the Regulations, or
directives issued pursuant thereto, and shall permit
access to its books, records, accounts, other sources of
information, and its facilities as may be determined by
the State or the U.S. Department of Transportation to be
pertinent to ascertain compliance with such Regulations
or directives. Where any information required of the MPO
is in the exclusive possession of another who fails or
refuses to furnish this information, the MPO shall so
certify to the State or the U.S. Department of
Transportation as appropriate, and shall set forth what
efforts it has made to obtain the information.
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1
5. Sanctions for Noncompliance: In the event of the MPO's
noncompliance with the nondiscrimination provisions of this
contract, the State shall impose such contract sanctions as
it or the U.S. Department of Transportation may determine to
be appropriate, including, but not limited to:
* withholding of payment to the MPO under the contract
until the MPO complies, and/or
* cancellation, termination, or suspension of the contract
in whole or in part
6. Incorporation of Provisions: The MPO shall include the
provisions of paragraphs 1 through 6 in every subcontract,
including procurement of materials and leases of equipment,
unless exempt by the Regulations or directives issued
pursuant thereto. The MPO shall take such action with
respect to any subcontract or procurement as the State may
direct as a means of enforcing such provisions including
sanctions for noncompliance; provided, however, that in the
event a MPO becomes involved in, or is threatened with
litigation with a subcontractor or supplier as a result of
such direction, the MPO may request the State to enter into
such litigation to protect the interests of the state; in
addition, the MPO may request the United States to enter into
such litigation to protect the interests of the United
States.
Article 23. Nondiscrimination on the Basis of Disability
The MPO agrees that no otherwise qualified disabled person shall,
solely by reason of his disability,k be excluded from participation
in, be denied the benefits of, or otherwise be subject to
discrimination under the project. The MPO shall insure that all fixed
facility construction or alteration and all new equipment included in
the project comply with applicable regulations regarding
Nondiscrimination on the Basis of Disability in programs and
Activities Receiving or Benefiting from Federal Financial Assistance,
set forth at 49 CRT Part 27, and any amendments thereto.
Article 24. Disadvantaged Business Enterprise Program requirements
It is the policy of the U.S. Department of Transportation that
Minority Business Enterprises as defined in 49 CFR 23, Subpart A,
shall have the maximum opportunity to participate in the performance
of contracts financed in whole or in part with Federal funds.
Consequently the Minority Business Enterprise requirements of 49 CFR
23, exclusive of Subpart D, apply to this contract as follows.
* The MPO agrees to insure that Minority Business Enterprises
as defined in 49 CFR 23, Subpart A, have the maximum
opportunity to participate in the performance of contracts
and subcontracts financed in whole or in part with Federal
funds. In this regard, the MPO shall take all necessary and
reasonable steps in accordance with 49 CFR 23, exclusive of
Subpart D, to insure that Minority Business Enterprises have
the maximum opportunity to compete for and perform contracts.
Page 11 of 15
* The MPO and any subcontractor shall not discriminate on
the basis of race, color, national origin, or sex in the
award and performance of contracts funded in whole or in
part with Federal funds.
These requirements shall be physically included in any subcontract.
Failure to carry out the requirements set forth above shall
constitute a breach of contract and, after the notification of the
State, may result in termination of the contract by the State or
other such remedy as the State deems appropriate.
Article 25. Procurement
The MPO shall maintain written procurement procedures that meet or
exceed the requirements of 49 CFR 18, "Uniform Administrative
Requirements for Grants and Cooperative Agreements with State and
Local Governments," as it may be revised or superseded. These
procedures will be used for all acquisitions authorized in any
UPWP.
The MPO agrees to comply with applicable Buy America requirements
set forth in Section 401 of the Surface Transportation Assistance
Act of 1978 (P.L. 95-599) and the Federal Transit Administration's
Buy America regulations at 49 CFR 660.
The MPO agrees to comply with the cargo preference requirements set
forth in 46 USC 1241 and Maritime Administration regulations set
forth in 46 CFR 381.
Article 26. Environmental Protection and Energy Efficiency
The MPO 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). The MPO further agrees to report
violations to the State.
The MPO agrees to recognize 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).
Article 27. Property Management
The MPO shall maintain written property management procedures that
meet or exceed the requirements of 49 CFR 18, "Uniform
Administrative Requirements for Grants and Agreements with State
and Local Governments," as it may be revised or superseded. These
procedures will be used for any property acquired in whole or in
part with federal or state funds provided through this contract.
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Article 28. Audit
The MPO shall comply with the requirements of OMB Circular A-128,
"Audit Requirements for State and Local Governments," and shall
promptly furnish the State a copy of each audit report.
The MPO shall be responsible for any funds determined to be
ineligible for federal reimbursement, and shall reimburse the State
the amount of any such funds previously provided to it by the
State.
Article 29. Control of Drug Use
The MPO agrees to comply with the terms of the Federal Transit
Administration regulation, "Control of Drug Use in Mass
Transportation Operations", set forth at 49 CFR Part 653.
Article 30. Restrictions on Lobbying
Pursuant to Section 319 of Public Law 101-121, which generally
prohibits recipients of Federal funds from using those monies for
lobbying purposes, the MPO shall comply with the attached Special
Provision "New Restrictions on Lobbying", which is included as
Attachment E.
Article 31. Amendments
Any changes to one or more of the terms and conditions of this
agreement shall not be valid unless made in writing and agreed to
by the parties hereto before the change is implemented.
Article 32. Distribution of Products
The MPO will provide a number of copies to be specified by the
State of all information, reports, proposals, brochures, summaries,
written conclusions, graphic presentations, and similar materials
developed by the MPO and financed in whole or in part as provided
herein. All reports published by the MPO shall contain a prominent
credit reference to the State and the U.S. Department of
Transportation, Federal Highway Administration and Federal Transit
Administration:
Prepared in cooperation with the Texas Department of
Transportation and the U.S. Department of Transportation,
Federal Highway Administration and Federal Transit
Administration.
Article 33. Ownership of Documents
Upon Completion or termination of this contract, all documents
prepared by the MPO or furnished to the MPO by the State shall be
delivered to and become the property of the State. All such
documents, photographs, calculations, programs and other data
prepared or used under this contract shall be used by the State
without restriction or limitation of further use.
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Article 34. Legal Construction
In case any one or more of the provisions contained in this
agreement shall for any reason be held to be invalid, illegal or
unenforceable in any respect, such invalidity, illegality or
uneforceability shall not affect any other provision thereof and
this agreement shall be construed as if such invalid, illegal or
unenforceable provision had never been contained herein.
Article 35. Prior Agreements
This agreement constitutes the sole and only agreement of the
parties hereto and supersedes any prior understandings or written
or oral agreements between the parties respecting the within
subject matter.
r
Page 14 of 15
Article 36. Signatory Warranty
The undersigned signatory for the MPO hereby represents and
warrants that he is an officer of the MPO and that he has full and
complete authority to enter into this contact on behalf of the MPO.
IN WITNESS WHEREOF, the State and the MPO have caused this contract
to be executed, but the contract shall not be valid until signed by
a duly authorized representative of each party.
THE MPO THE STATE OF TEXAS
By Certified as being executed for the
purpose and effect of activating
and/or carrying out the orders,
Title established policies or work programs
heretofore approved and authorized by
the Texas Transportation Commission
Date under the authority of Minute
Order 100002.
ATTEST
By By
Director of Transportation Planning
Title
Date
Date
For the purpose of this agreement, the following addresses shall be
used to mail all required notices, reports, claims, and
correspondence:
For the MPO: For the District Office:
Se cp,wricilah-dGa-
Appt
Jami
City
By 2
4'
p
Page 15 of 15
Corpus Christi, Texas
/ day of
19
The above resolution was passed by the following vote:
Mary Rhodes
Cezar Galindo
Leo Guerrero
Betty Jean Longoria
Edward A. Martin
Joe McComb
Dr. David McNichols
Clif Moss
Mary Pat Slavik
066
a
021470