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R-81-395 - 6/25/1981RESOLUTION NO. 39J i' WHEREAS, by Resolution No. 307R, the Council authorized the City Manager to submit an application for a grant under Section 18 of the Urban Mass Transportation Act of 1964, and WHEREAS, said grant application has been approved, and WHEREAS, the State of Texas acting by and through the State Department of Highways and Public Transportation has submitted a contract for the Council's approval, and WHEREAS, the Council desires to enter into said con- tract, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with the State Department of Highways and Public Transportation, a copy of said contract being attached hereto and incorporated herein for all purposes. RESOLVED this 25th day of June 981. ATTEST: Jrf NNE LAND, City Secretary Air RRY / TONN, Mayor ity of Round Rock, Texas COMMISSION A. SAM WALDROP, CHAIRMAN ROBERT H. DEDMAN JOHN R. BUTLER, JR. Section 18 Grant Program Project RPT- 0050(008) Contract Mr. Robert L. Bennett, Jr. AICP City Manager City of Round Rock 214 East Main Street Round Rock, Texas 78664 Dear Mr. Bennett: ENN Attachment STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION P. 0. Drawer 15426 Austin, Texas 78761 July 29, 1981 Please notice the receipts required as part of the contract to obtain reimbursement for expenses to the Fifth National Conference on Rural Public Transportation. Sincerely yours, R. A. Brown District Engineer B A y no Neeeedh% Administrative Asst ENGINEER - DIRECTOR MARK G. GOODE As discussed in our letter of July 21, 1981 and requested by your recent letter, we are forwarding two copies of the project contract and ask that you return both copies to our office after obtaining the proper signatures. We will send you a copy of the contract after it is fully executed. LARRY L. TONN Mayor MIKE ROBINSON Mayor Pro-tem COUNCIL MEMBERS MIKE HEILIGENSTEIN GRAHAM HOWELL PETE CORREA JOE BAKER TRUDY L LEE BOB BENNETT City Manager STEPHAN L. SHEETS City A Itorney RANDY E. DREWETT Mun,cipal Judge THE CITY OF ROUND ROCK 214 E. Main St. • AC 512.255.3612 • Round Rock, Texas 76664 "GOOD LIVING WITH A PROUD HERITAGE" Mr. Enoch N. Needham Administrative Asst State Department of Highways and Public Transportation P.O. Drawer 15426 Austin, Texas 78761 August 3, 1981 Re: Section 18 Grant Program Project RPT- 0050(008) Contract Dear Mr. Needham: Enclosed are two copies of the above - mentioned contract which has been executed by the City Manager of Round Rock. It is my understanding that you will return one copy which has been signed by your department. If I may be of any further assistance, please do not hesitate to contact me. Attachment Sincerely, Joanne Land City Secretary CONTRACT STATE OF TEXAS ) COUNTY OF TRAVIS X THIS CONTRACT made by and between the State of Texas acting by and through the State Department of Highways and Public Transportation, hereinafter called the "State ", and the City of Round Rock, hereinafter called the "Grantee ". WITNESSETH WHEREAS, under Section 18 of the Urban Mass Transportation Act of 1964, as amended, Federal funds were authorized for public transportation in rural and small urban areas in order to enhance the access of persons in those areas for purposes such as health care, shopping, education, recreation, public services and employment by encouraging the maintenance, development, improvement and use of passenger trans- portation systems; and, WHEREAS, Section 18 further authorizes funds for technical assistance to include project planning, program development, management development, coordination of public transportation programs and such research as the State may deem appropriate to promote effective means of delivering public transportation service in non - urbanized areas; and, WHEREAS, the Governor of the State of Texas has designated the State Depart- ment of Highways and Public Transportation to administer the program; and, WHEREAS, the Grantee has been approved by the Federal Highway Administration and the Urban Mass Transportation Administration as a recipient agency to receive technical assistance funds from this program through the State; NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth the parties hereto agree as follows: I. The Grantee shall undertake and complete the project as described in its application attached hereto as Attachment A, and in accordance with the terms and conditions of this Contract. Il. The Grantee shall commence, carry on and complete the project , -iith all practicable dispatch, in a sound, economical and efficient manner in accordance with the provisions oF Attachment A. III. The State will reimburse the Grantee for the authorized costs incurred in carrying out this project. The total reimbursement by the State is not to exceed the total funds authorized for the Grantee in the amount oF S800.00. Specific work on this project performed by the Grantee shall be reimbursed by the State on the basis of actual costs directly attributable to the project in accordance with the provisions of Part 1 -15 of the Federal Procurement Regulations not to exceed the maximum limiting amount specified in this Contract. It is understood that adjust- ments may be required in the budget included in Attachment A. An adjustment may not be made, however, without the prior approval of the parties to the Contract and the Federal Highway Administration. The State will make payments based upon properly prepared and executed Forms 132 and a billing summarizing all authorized costs by classification of costs showing description, quantities, price, extension and total. Such payments will be made no more frequently than on a monthly basis. The Grantee shall submit a final billing within ninety (90) days of the close of the Grantee's fiscal year during which the contract is completed. Prior to final payment, an audit of the records supporting the costs claimed by the Grantee shall be made by the State in accordance with standard State audit procedures and Federal audit pro- cedures as outlined in OMB Circular A -102, Attachment P. The Grantee shall bear the responsibility for all funds determined to be ineligible for Federal reimbursement and shall refund to the State such funds. All records relating to this project shall be maintained by the Grantee for three (3) years after final payment from the State after Federal reimbursement has been received by the State. All major items of equip- ment shall be included in this Contract as direct costs. The Grantee hereby certifies that items of equipment included in direct costs have been excluded from the indirect costs. Travel which exceeds the amount specified in the approved project budget in Attachment A must have the prior approval of the State and the Federal Highway Admin- istration. The Grantee will submit all subcontracts for work covered by this agreement to the State for approval by the State and the Federal Highway Administration prior to execution by the Grantee. All subcontracts entered into by the Grantee shall be subject to the provisions contained in this agreement. IV. Equipment purchased under this Contract shall be purchased using competitive bidding procedures approved by the State and in accordance with the provisions of OMB Circular A-102, Attachment 0. Specifications developed by the Grantee for equipment purchases must be approved by the State and the Federal Highway Administration. V. Project equipment shall be used for the technical study as described in Attachment A. In the event that any project equipment is not used in the proper manner or is withdrawn from the technical study, the Grantee shall immediately notify the State Further, the project shall be terminated if the completion of the project is, for any reason, rendered improbable, impossible or illegal, or the Grantee shall be in default under this Contract. Upon termination of the project, nonexpendable personal property purchased under the project shall be disposed of in accordance with the provisions of OMB Circular A -102, Attachment N, attached hereto as Attachment B. The Grantee shall remit to the State the fair market value of such equipment. The procedure for determining the fair market value shall be at the option of the State and the Federal Highway Administration. VI. The State and Federal Highway Administration shall be accorded proper facilities for review and inspection of the work provided herein and shall at all reasonable times have access to the premises and to all books, records, correspon- dence, instructions, receipts, vouchers and memoranda of every description pertaining to the technical study. VII. The Grantee and its subcontractors will comply with all Federal, State and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any court or administrative bodies or tribunals in any nature affecting the performance of this Contract, including without limitation workmen's compensa- tion laws, minimum and maximum salary and wage statutes and regulations. When required, the Grantee shall furnish the State with satisfactory proof of its compliance therewith. VIII. It is mutually agreed that all parties hereto shall be bound by the provisions of Title 49, Code of Federal Regulations, Part 21, which was promulgated to effectuate Title VI of the Civil Rights Act of 1964. In furtherance of the requirements of Title 49, a copy of "Notice to Contractors - Compliance with Title VI of the Civil Rights Act of 1964 for Federal-Aid Contracts" is marked Attachment C attached hereto and made a part hereof. IX. It is mutually agreed that all parties hereto shall be bound by the provisions of Title 49, Code of Federal Regulations, Part 27, which was promulgated to effectuate Section 504 of the Vocational Rehabilitation Act of 1373. In particular, the Grantee agrees that no otherwise qualified handicapped person shall, solely by reason of his handicap, be excluded from participation in, be denied the benefits of, or otherwise be subject to discrimination under the project. The Grantee will conduct any program or operate any facility funded as part of the project described in Attach- ment A in compliance with all the requirements of Title 49. X. It is the policy of the Department of Transportation that Minority Business Enterprise as defined in 49 CFR Part 23 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 Part 23 apply to this contract as follows: The Contractor agrees to insure that Minority Business Enterprise 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. In this regard, the Contractor shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to insure that Minority Business Enterprises 3 have the maximum opportunity to compete for and perform contracts. The Contractors and any subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of con- tracts funded in whole or in part with Federal funds. If as a condition of assistance the State Department of Highways and Public Transportation has submitted and the U.S. Department of Transportation has approved a minority business enterprise affirmative action program which the State Department of Highways and Public Transportation agrees to carry out, this program is incorporated into this financial assistance agreement by reference. This program shall be treated as a legal obligation and failure to carry out its terms shall be treated as a violation of this financial assistance agreement. Upon notification to the SLate Department of Highways and Public Transportation of its failure to carry out the approved program the U.S. Department of Transportation shall impose such sanctions as noted in 49 CFR Part 23, Subpart E, which sanctions may include termination of the agreement or other measures that may affect the ability of the State Department of Highways and Public Transportation to obtain future U.S. Department of Transportation financial assistance. 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 Department, may result in termination of the contract by the State or other such remedy as the State deems appropriate. XI. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Contract or to any benefit arising therefrom. XII. No member, officer or employee of the Grantee during his tenure or one year thereafter shall have any interest direct or indirect, in this Contract or the proceeds thereof. XII1. Any alterations, extensions, supplements, or modification of the terms of this Contract as detailed herein or as described in Attachment A shall be agreed to in advance and in writing by the parties hereto. XIV. All reports published by the State or the Grantee as a result of this project shall contain an acknowledgement as follows: "Prepared in cooperation with the U.S. Department of Transportation, Federal Highway Administration and Urban Mass Transportation Administration." Further, for reports prepared for distribution to the public a disclaimer statement as follows will be included: 4 The contents of this report reflect the views of the Grantee which is responsible for the facts and the accuracy of the data presented herein. The contents do not necessarily reflect official views or policies of the State Department of Highways and Public Trans- portation, the Federal Highway Adminis- tration or the Urban Mass Transportation Administration." The Grantee is free to copyright material developed under this project with the provisions that the State and the U.S. Department of Transportation reserve a royalty -free, non-exclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, the work for Government purposes. XIV. This Contract shall terminate upon completion of a final audit and receipt of a final payment for the activities covered under the terms of this Contract. Further, either Party to this Contract may terminate its interests and obligations under this Contract by giving thirty (30) days notice in writing to the other Party. Upon such termination for any cause, all records pertaining to work covered by this Contract shall be retained as specified in Item 111 hereof. XVI. The Grantee shall save harmless the State and the U.S. Department of Transportation from all claims and liability due to its negligent acts or omissions or the negligent acts or omissions of its subcontractors, agents, or employees during the course of this project. 5 be executed. APPROVED: By: Date: IN TESTIMONY WHEREOF, the parties hereto have caused these presents to STATE OF TEXAS Certified as being executed for the purpose and effect of activating and /or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway and Public Transportation Com- mission. Engineer- Director Executed and approved for the State Highway and Public Transportation Commission under authority of Commission Minute 78501. RECOMMENDED FOR EXECUTION: District Engineer, District 14 Director, Finance Division State Planning Engineer, Transportation By: GRA Title: A__Ige." Date: W v� Grantee: City of Round Rock Project Description: PROJECT RPT-0050(008) Travel expenses for one (1) person to and from Arcata, California to participate in the Fifth National Conference on Rural Public Transportation, August 18 -20, 1981. The Conference will be held at the Jolly Giant Conference Center on the campus of Humboldt State University. Eligible Costs - TOTAL REIMBURSEMENT NOT TO EXCEED $800.00. 1. Mileage to /from Grantee's headquarters to airport @ 20G /mile 2. Airfare (copy of receipt must be submitted with request for reimbursement) 3. Meals and lodging, not to exceed $160.00* (receipts required) 4. Conference registration(receipt required) 5. Airport /conference shuttle, if applicable (receipt required) 6. Airport parking, if applicable (receipt required) Rental car fees will not be an allowable cost under this project. The maximum allowable reimbursement for meals and lodging is based on the rate quoted for the Jolly Giant Conference Center, Humboldt State University Campus. All meals are included in that accommodations package. Attachment A COMMISSION A. SAM WALDROP, CHAIRMAN ROBERT H. DEDMAN JOHN R. BUTLER, JR. Section 18 Grant Program Round Rock RPT- 0050(008) Contract Mr. Robert L. Bennett, Jr. AICP City Manager City of Round Rock 214 East Main Street Round Rock, Texas 78664 Dear Mr. Bennett: STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION P. 0. Drawer 15426 Austin, Texas 78761 September 1, 1981 We are forwarding for your files a fully executed contract for the subject project. Your billing for reimbursement has been received and is being processed for payment. I have discussed the proposed payment with Mr. Westbrook by telephone. If we can provide further assistance, please advise. ENN Attachment By Sincerely yours, R. A. Brown District Engineer nE oc���h N. Needhaa Administrative Assistant ENGINEER.DIRECTOR MARK G. GOODE STATE OF TEXAS X COUNTY OF TRAVIS X CONTRACT THIS CONTRACT made by and between the State of Texas acting by and through the State Department of Highways and Public Transportation , hereinafter called the "State ", and the City of Round Rock, hereinafter called the "Grantee ". WITNESSETH WHEREAS, under Section 18 of the Urban Mass Transportation Act of 1964, as amended, Federal funds were authorized for public transportation in rural and small urban areas in order to enhance the access of persons in those areas for purposes such as health care, shopping, education, recreation, public services and employment by encouraging the maintenance, development, improvement and use of passenger trans- portation systems; and, WHEREAS, Section 18 further authorizes funds for technical assistance to include project planning, program development, management development, coordination of public transportation programs and such research as the State may deem appropriate to promote effective means of delivering public transportation service in non - urbanized areas; and, WHEREAS, the Governor of the State of Texas has designated the State Department of Highways and Public Transportation to administer the program; and, WHEREAS, the Grantee has been approved by the Federal Highway Administration and the Urban Mass Transportation Administration as a recipient agency to receive technical assistance funds from this program through the State; NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth the parties hereto agree as follows: I. The Grantee shall undertake and complete the project as described in its application attached hereto as Attachment A, and in accordance with the terms and conditions of this Contract. fl. The Grantee shall commence, carry on and complete the project with all practicable dispatch, in a sound, economical and efficient manner in accordance with the provisions of Attachment A. III. The State will reimburse the Grantee for the authorized costs incurred in carrying out this project. The total reimbursement by the State is not to exceed the total funds authorized for the Grantee in the amount of $5,000. Specific work on this project performed by the Grantee shall be reimbursed by the State on the 1 basis of actual costs directly attributable to the project in accordance with the provisions of Part 1 -15 of the Federal Procurement Regulations not to exceed the maximum limiting amount specified in this Contract. It is understood that adjust- ments may be required in the budget included in Attachment A. An adjustment may not be made, however, without the prior approval of the parties to the Contract and the Federal Highway Administration. The State will make payments based upon properly prepared and executed Forms 132 and a billing summarizing all authorized costs by classification of costs showing description, quantities, price, extension and total. Such payments will be made no more frequently than on a monthly basis. The Grantee shall submit a final billing within ninety (90) days of the close of the Grantee's fiscal year during which the contract is completed. Prior to final payment, an audit of the records supporting the costs claimed by the Grantee shall be made by the State in accordance with standard State audit procedures and Federal audit pro- cedures as outlined in OMB Circular A -102, Attachment P. The Grantee shall bear the responsibility for all funds determined to be ineligible for Federal reimbursement and shall refund to the State such funds. All records relating to this project shall be maintained by the Grantee for three (3) years after final payment from the State after Federal reimbursement has been received by the State. All major items of equip- ment shall be included in this Contract as direct costs. The Grantee hereby certifies that items of equipment included in direct costs have been excluded from the indirect costs. Travel which exceeds the amount specified in the approved project budget in Attachment A must have the prior approval of the State and the Federal Highway Admin- istration. The Grantee will submit all subcontracts for work covered by this agreement to the State for approval by the State and the Federal Highway Administration prior to execution by the Grantee. All subcontracts entered into by the Grantee shall be subject to the provisions contained in this agreement. IV. Equipment purchased under this Contract shall be purchased using competitive bidding procedures approved by the State and in accordance with the provisions of OMB Circular A -102, Attachment 0. Specifications developed by the Grantee for equipment purchases must be approved by the State and the Federal Highway Administration. V. Project equipment shall be used for the technical study as described in Attachment A. In the event that any project equipment is not used in the proper manner or is withdrawn from the technical study, the Grantee shall immediately notify the State. Further, the project shall be terminated if the completion of the project is, for any reason, rendered improbable, impossible or illegal, or the Grantee shall be in default under this Contract. Upon termination of the project, nonexpendable personal property purchased under the project shall be disposed of in accordance with the provisions of OMB Circular A -102, Attachment N, attached hereto as Attachment B. The Grantee shall 2 remit to the State the fair market value of such equipment. The procedure for determining the fair market value shall be at the option of the State and the Federal Highway Administration. VI. The State and Federal Highway Administration shall be accorded proper facilities for review and inspection of the work provided herein and shall at all reasonable times have access to the premises and to all books, records, correspon- dence, instructions, receipts, vouchers and memoranda of every description pertaining to the technical study. VII. The Grantee and its subcontractors will comply with all Federal, State and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any court or administrative bodies or tribunals in any nature affecting the performance of this Contract, including without limitation,workmen's compensa- tion laws, minimum and maximum salary and wage statutes and regulations. When required, the Grantee shall furnish the State with satisfactory proof of its compliance therewith. VIII. It is mutually agreed that all parties hereto shall be bound by the provisions of Title 49, Code of Federal Regulations, Part 21, which was promulgated to effectuate Title VI of the Civil Rights Act of 1964. In furtherance of the requirements of Title 49, a copy of "Notice to Contractors - Compliance with Title VI of the Civil Rights Act of 1964 for Federal -Aid Contracts" is marked Attachment C attached hereto and made a part hereof. IX. It is mutually agreed that all parties hereto shall be bound by the provisions of Title 49, Code of Federal Regulations, Part 27, which was promulgated to effectuate Section 504 of the Vocational Rehabilitation Act of 1973. In particular, the Grantee agrees that no otherwise qualified handicapped person shall, solely by reason of his handicap, be excluded from participation in, be denied the benefits of, or otherwise be subject to discrimination under the project. The Grantee will conduct any program or operate any facility funded as part of the project described in Attach- ment A in compliance with all the requirements of Title 49. X. It is the policy of the Department of Transportation that Minority Business Enterprise as defined in 49 CFR Part 23 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 Part 23 apply to this contract as follows: The Contractor agrees to insure that Minority Business Enterprise 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. In this regard, the Contractor shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to insure that Minority Business Enterprises 3 have the maximum opportunity to compete for and perform contracts. The Contractors and any subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of con- tracts funded in whole or in part with Federal funds. If as a condition of assistance the State Department of Highways and Public Transportation has submitted and the U.S. Department of Transportation has approved a minority business enterprise affirmative action program which the State Department of Highways and Public Transportation agrees to carry out, this program is incorporated into this financial assistance agreement by reference. This program shall be treated as a legal obligation and failure to carry out its terms shall be treated as a violation of this financial assistance agreement. Upon notification to the State Department of Highways and Public Transportation of its failure to carry out the approved program the U.S. Department of Transportation shall impose such sanctions as noted in 49 CFR Part 23, Subpart E, which sanctions may include termination of the agreement or other measures that may affect the ability of the State Department of Highways and Public Transportation to obtain future U.S. Department of Transportation financial assistance. 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 Department, may result in termination of the contract by the State or other such remedy as the State deems appropriate. XI. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Contract or to any benefit arising therefrom. XII. No member, officer or employee of the Grantee during his tenure or one year thereafter shall have any interest direct or indirect, in this Contract or the proceeds thereof. XIII. Any alterations, extensions, supplements, or modification of the terms of this Contract as detailed herein or as described in Attachment A shall be agreed to in advance and in writing by the parties hereto. XIV. All reports published by the State or the Grantee as a result of this project shall contain an acknowledgement as follows: as follows will be included: "Prepared in cooperation with the U.S. Department of Transportation, Federal Highway Administration and Urban Mass Transportation Administration." Further, for reports prepared for distribution to the public a disclaimer statement 4 "The contents of this report reflect the views of the Grantee which is responsible for the facts and the accuracy of the data presented herein. The contents do not necessarily reflect official views or policies of the State Department of Highways and Public Trans- portation, the Federal Highway Adminis- tration or the Urban Mass Transportation Administration." The Grantee is free to copyright material developed under this project with the provisions that the State and the U.S. Department of Transportation reserve a royalty -free, non - exclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, the work for Government purposes. XIV. This Contract shall terminate upon completion of a final audit and receipt.of a final payment for the activities covered under the terms of this Contract. Further, either Party to this Contract may terminate its interests and obligations under this Contract by giving thirty (30) days notice in writing to the other Party. Upon such termination for any cause, all records pertaining to work covered by this Contract shall be retained as specified in Item III hereof. XVI. The Grantee shall save harmless the State and the U.S. Department of Transportation from all claims and liability due to its negligent acts or omissions or the negligent acts or omissions of its subcontractors, agents, or employees during the course of this project. 5 executed on the twenty -fifth day of June by the City of Round Rock and on the 1981, by the State of Texas. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be STATE OF TEXAS City Certified as being executed for the purpose and effect of By: activating and /or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway and Public Trans- portation Commission. APPROVED: By: / Afryytas. Engineer- Director Executed and approved for the State Highway and Public Transportation Commission under authority of Commission Minute 77446. Date: 7 A5-or / RECOMMENDED FOR EXECUTION: District Engineer, District 14 Director, Finance Division j L7 H r wit/ State Pladning Engineert Transportation 6 day of Date: , 1981, Title: Mayor June 25, 1981 TASK 1.0 Preface This work phase consists of activities which lead to a commitment from private and /or public sources to provide financial or technical assis- tance in the development and proposed implementation of a transit system to address a perceived transportation problem. 2.0 Research, Data Collection, and Analysis This work phase is intended to provide all of the necessary data for assessing the existing transportation system in comparison to the travel demand. A telephone survey will be conducted to determine origins /desti- nations. Major Work Elements 2.1 Extensive research on rural transit systems. 2.2 Gather and review information obtained from transit operators. 2.3 Transportation demand estimates. 2.4 Inventory existing and proposed transportation systems. 2.5 Demographic and socioeconomic profiles. Estimated Days, Manhours, and Cost Days Manhours Cost 30 120 53,020. 3.0 Identification of Transportation Alternatives This task represents a preliminary identification of alternative transportation systems. 3.1. Extensive Research on Rural and Small Transit Systems a. Shuttle bus service. b. Car pooling. c. Van pooling. d. Alternative modes of transportation. Estimated Days, Manhours, and Cost Days Manhours 5 80 DETAILED STUDY DESIGN FOR TRANSPORTATION PLANNING REPORT CITY OF ROUND ROCK MAY 1981 Cost 52,000. Attachment A 4.0 Transportation Alternative Analysis This work phase looks at the expected benefits to be derrived from each of the alternatives identified in Task 3.1. The cost of implementing the particular improvement or alternative is compared to the benefits. All alternatives are then ranked by their relative cost /benefit ratio. Estimated Days Manhours 3 20 5.0 Design of _System This work phase developes the operational plan which will provide the framework for implementing the system identified in Task 4.0 as being the best alternative. The oeprational plan will project cost and revenue for a five year period, and investigate such items as management, capital improvements, record keeping, reporting requirements, etc. Estimated Days Manhours Cost 45 540 $6,544. 6.0 Implementation System Key work elements: 6.1 Secure public and private funds to start system. 6.2 Negotiate contract. 6.3 Prepare and execute all legal documents. 6.4 Marketing program. BUDGET SUMMARY Personnel Services $5,264.00 Materials and Supplies 2,800.00 Services 4,000.00 DETAILED BUDGET SUMMARY Personnel Services Community Development Coordinator (10.10 /hr x 300) Principal Planner (6.78/hr x 300) Clerical Support (5.00 /hr x 40) Materials and Sunnlies Postage and Mailing Supplies Public Information Material Office Supplies Marketing Materials Cost $500. $5,264.00 3,030.00 2,034.00 200.00 $2 800.00 250.00 900.00 150.00 1,500.00 Services $4,000.00 Legal (50. /hr x 10 hrs) 500.00 Travel (Private auto: .20 x 2000 mi. =$400) (Commercial: $600) 1,000.00 Advertising 2,500.00 TOTAL PROJECT COST S12,064.00 188d ATTACNYINr t0- CIIlcW-u No, A -102 PROPERTY RIANADZEILNT STANDARDS 1. This Attachment prescribes uniform standards governing the utilization and disposition of property furnished by the Federal Government or acquired In whole in 'part with Federal funds or whose cost was charged to a project Sup- ported by a Federal grant. Federal grantor agencies shall require grantees to observe these standard., under grants from the Federal Goven - event and shall not impose additional requirements Un- less specifically required by Federal law_ The grantees shall be authorized to use their own property management stand- ards and procedures as long as the pro- visions of this Attachment are included. 2. The following definitions apply for the purpose of this Attachment: ,a) Real property. Real property :means. lard. lnc;uding and improve - ments, structures and appurtenances thereto. excluding movable machinery and equipment. lb) Personal property, Personal prop- erty of any kind except real property. It may be tangible — having physical exist- ence. or intangible— having no physical existence, such as patents. inventions, and copyrights. tic) Nonexpendable personal property. Nonexpendable personal property means tangible personal property having a use- ful life of more than one year and an acquisition cost of $300 or more per unit. A grantee may use Its own definition of nonexpendable personal property pro- vided that such definition would at least Include all tangible personal property as defined above. Id) Expendable personal property. Ex- pendable personal property refers to rill tangible personal property other than nonexpendable property. lel Excess property. Excess property means property under the control of any Federal agency which. as determined by the head thereof. Is no longer required for its needs or discharge of its responsi- bilities. Acquisition cost of purchased non - erpendable personal property. Acqul- sltloncost of an Item of purchased nen- expendable personal property means the net invoice unit price of the property in- cluding the cast of modifications. attach- ments. accessories, or auxiliary appara- tus necessary to make the property usa- ble for the purpose for which it was acquired. Other charges such as the cost of installation. transportation. taxes, duty. or protective In- transit insurance, shall be included or excluded from the unit acquisition cost in accordance with the grantee's regular accounting prac- tices. (g) Exempt property. Exempt pr0Prrty means tangible personal property ac- quired in whole or in part with Tidal funds. and title to which is vested In the recipient without further obligation to the Federal Government except as pro- vided in subparagraph 6,1 below. Such unconditional vesting of title will be pur- suant to any Federal legislation that pro NOTICES • vldes the Federal sponsoring agency with adequate authority. 3, Real property. Each Federal grant- or agency shall prescribe requirements for grenteesconcerning the use and dis- position of real property funded party or wholly by the Federal Government. Unless otherwise provided I;y statute. such requirements, as a minimum. shall contain the following: tat Title to real property shall vest- in the recipient subject to the condition that the grantee shall use Use real prop erty for the authorized purpose of the original grant as long as needed. tot The grantee shall 0000 alliahval by the grantor agency for :he use of 1.110 real property In other projects when the grantee determines that the properly is no longer needed for the original gin•11t purposes. Use In other projects than is: limited W those under other 1Y 1.1 -01 grant programs, or progran.A that. have purposes consistent with those authnr- Ized for support by the grantor. Ids When the real property Ls no long er needed as provided in a and b above. the grantee shall request disposition in- structions from the Federal agency or its successor Federal agency. The Federal agency shall observe the following rules In the disposition instructions: 11) The grantee may be permitted tp retain title after it compensates the Fed- eral Government in an amount computed by applying the Federal percentage of participation In the cost of the original project to the fair market value of the property. • 121 The grantee may be directed to sell the property under guidelines pro- vided by the Federal agency and pay the Federal Government an amount com- puted by applying the Federal percent- age Of participation in the cost of the original project to the proceeds from sale after deducting actual and reasonable selling and fix -up exprtuv, if ally, from the sales proceeds), When the grantee is authorized or recital's—xi to sell the prop erty, proper sales procedures 5110`1 be es- tablished that provide for competition to the extent practicable and reiott In the highest possible return. (3) The grantee may be directed to transfer title to the property to the F'rd- eral Government provided that in sucu cases the grantee shall •be entitled to compensation computed by applying the grantee's percentage of participation In Ole cost of the program or prOjeeL W the current fair market value of the prop- erty, 4. Federally owned nogerpeesdeble personal property. T itle to federally owned property remains vested in the Federal Government. Recipients shall .submit annually an inventory listing of federally owned property in their custody to the Federal agency Upon corn, :rtlon of the ugrectnent or 511011 the 10115 (1 1s no longer needed; the grantee .shall report the property to the Federal agency for further agency utilization 1f the Federal agency has no further need for the properly. it shall be declared excess and reported to the Genera `s'rv FEDERAL REGISTER, VOL •2, NO. 176 SEetEMaER 17, 1917 Ices Administration. Approprfate dlspo- slUon instructions will be Issued to the recipient after completion of the Federal agency review. 5. Exempt properly. When statutory authority exists title to nonexpendable personal property acquired with protect (Inds shall be vested In the recipient upon acquisition unless It is determined that W do so Ls not in the furtherance of the objectives of the Federal sponsor- ing agency. When title Is vested 011 the recipient the recipient shall have no other obligation or accountability to the Federal Government for its 1165 or 111.S- position except as provided in Ca below. 6 Other nonexpendable property. When other nonexpendable tangible property is acquired by a grantee with project funds title shall not be taken by the Federal Government but shall vest. In the grantee subject to the follow- nig conditions: tat Right to transfer title. For items of nonexpendable personal properly having a unjt acquisition cost of $1,000 or more, the Federal- agency may reserve the right to transfer the title to the Federal Government or to a third party named by the Federal Government when such third party is otherwise eligible under existing statutes. Such reserva- tion shall be subject to the following standards: (11 The property shall be appropri- ately Identified in the grant or other- wise made - grown to the grantee In writing. 1 21 The Federal agency shall Issue disposition instructions wltbin 120 cal- 1 nd.sr mays after the end of the Federal support of the project for which It was acquired. If the Federal agency fails to Issue disposition Instructions within the 12u calendar -day Period, the grantee shall apply the standards of subpara- graph GOO and ti(c) as appropriate. 3; When the Federal agency exer- cisrs :12 rigid to take title, the personal property shall be subject to the provl- slons for Isxlerally- owned nonexpendable property dl.uussed in paragraph 4, above, )4t When title is transferred either to the Federal Government or to a third party, the provisions of subparagraph 6tc1 (21 (bl should be followed. (b) Use 01 other tangible nonexpend- able property for which the grantee has title. t1) The grantee shall use the proper- ty In the project or program for which it was acquired as long as needed, whether or not the project or program continues to be supported by Federal funds. When no longer needed for the original project or program, the grantee shall use the property In connection with Its other federally sponsored activities, the following order of priority: Ian Activities sponsored by the same F'edc raj agency. b) Activities sponsored by other Fed- eral agencies. (21 Shared we. Wring the time that nonexpendable personal property Is held for use on the project or program for which it was acquired. the grantee shall Attachment B Make It available for use on other proj- ects or programs if such other use will not interfere with the work on the proj- ect or program for which the property is originally acquired. First preference r such other use shall be given to other elects or programs sponsored by the feral agency that financed the profs- .i3.0; second preference shall be given ✓� projects or programs eponasred by Federal agencies. If the property owned by the Federal Government, :e on other act!vetes not sponsored by ••e Feeler.. Govenunent shall be per - - slble U tiuthorlrnl by the Federal .,enc,v. User charges should be con - _r0_ 11 appropriate. 13 " Dispusllinn of other nonerpen..- ..53c pro perty When the grantee no needs the property as provided • above. the property may be used activities in accordance with ''nr. log standards; i-Pme•xprlidable pa overly with 0 Urn ousitlen cos: of less than 01,000. Th, rantee tn:.3 use the property for e' - . .va1013l■s without relmbur semen 1 to ' Federal f:overnmcnt or sell the ;.. -.fly and retain the proceeds. (2. Nonexpendable personal property with a Unit ar ot:M.]on cost. of 51,000 or more. The grantee may retain the prop- erty for ocher uses provided that cor- persatlon s ra.:J: to it Federal r-ge -._), or its Enoceaor. The amount of compensation :call be computed by an piylrtg the percentage of Federal roar• ticfpat3. at In the cast of the ori;,acr project, or program '<h ahc 0.1 rcu[ 1 market value of the properly. L grantee has no need for the proper;, f,:i the property has further use value, the grantee shall request dlsprc,ll.1•a. r- tons from 'he. original pn no-..'. .. .. The Federal ;,D• crony whether the property can he ' meet the agency's requu,'rte,s. if no requirement rx)s Is wailn brat a the avr.ilabfat! of the yropnay shall be reported, In acaadune, with the guidelines of the Federal Property Management Regulations (FH'Sfrt to the G. revs] :cervices Adrnlinoo::nvtl:,). by the Federal agency Le determine '0001.her a req'ulreinent for the pre;erty exists In other ;•r,ic:a1 agencies. Tt' Federal agency shall issue uistructor,.; to the grantee no later than 120 days after the granter requv`st and the following procedures shall govern: _I a) If so instructed or If dlsocisltion instructions are nut issued within 120 calendar days after Inc grantee's re- quest. the .grantee :hull sell the prop- erty and rebnburse the Federal agency an amc;U1 cornu:.tte! by applying to the sales pnxc; ',Is the perr,er; Mee of F'e:1era1 parllclpatein In the cost of the original prc)txt :n• prog :en,. However the grae0:r snail ht Ix'h "nItt d L0 r.riuc•A and retain frun the ; evil share 0100 or ten Lercent of Inc pro which- ever Is greater, for the ,-',no e': sell- ing and totodlfeg oxrta- -s. (b) 11 the grant,: t; bc,rpacvxi to slip the property ei•,e,',)pert the scant,. shall be rel, 1.y 11, Istie - •Vjng Federal 0 /01:0 - clO'. in, a, ., .n•, wined NOTICES ill computed by applying the percentage of the grantee participation In the cost of the original grant project or program to Inc current fair market value of the property, plus any reasonable shipping or Interim storage costs incurred. 3c) If the grantee le instructed to otherwise dispose of the property. the grantee shall be reimbursed by the Fed- eral agency for such costs Incurred In its disposition. (d) Property management standards for nonexpendable property. The grant- ee's property management standards for nonexpendable personal property shall include the 6 'lowing procedural require- ments: (1) Property records shall be main- tained accurately and shall include: (a) A description of the property. (b) Manufacturer's serial number. model number, Federal stock number, national sli number, or other Identifi- cation number_ (ci Source of Ole property hneluding grant or other agrrernent number. (d) Whether title vests in the grantee or the Federal Government. (el Acquisition dote or date received If the property was fundshe.l by the Federal Government; and cost. (1) Percening' fat the end of the budget year) of Federal particlpa; Ion In the cost of the project or program for which the property was acquired. (Not applicable 'a property furnished by the e'edera' Crnh'ernllf•IIt.I .gn I,uc',;l „ r., use, and condition ill ,,• prop.; ty and U10 Ante the Ilnornia- ,oat was reported. h) Unit acquisition cost. 0t) Ultimate disposition data, • inr)ud- :; date. of disposal and salts mice or :he method used to determine current fair market value where a I:rantec con: - Ixnates the Federal agency for Ps share. 021 Property owned by the Federal Government :rust be marked to indi- cate Federal ownership. .3) A physical Inventory of properly sl call be taken and the results reconciled with the property records at least, once every twc years Any differences between quantities d ;, ormitad by the physlral In ivrtlun and those shown In Ilic 50- cnuntng records .shall be Invr.:I lgaud to determine the causes of the difference. Tale grantee shall, 1u connection w.th the Inventory, verify the existence, ::u *rent utilization, and continued need Inc the Property. (ii A control system shall be in effect to insure adequate safeguards to prevent L c, damage, or theft of the pnga:rty. Any loss, damage, or theft of nonex- pendablc property shali be Investigates! and fully du:umenid; if the prePerty was owned by the Fc-I.ra.l Cnwernment. the grantee shall pi opghtly 3,14!4, the Federal agency. (5) Adequate 0)a;ntuanrt pna r• „�:.e shall be lmpleunoou'nl to keep to prop. erty in good condition a Where the grantee is 'a:11 ur required to sell d',• mope):, proper 503)0 proved:ire, shall be e0ndu:'Jrrl which would p'midc for emnpenthai , a resr01 RE2--0,EP VOL 42, 140 176-- MCND0Y, SEJI}'MBEl 17, 1077 the eaten; practicable and result in the highest Poeelble return. 7. Expendable personal property. Title to expendable personal property shall vest in Inc grantee upon acquisition. If there Is a residual inventory of such property exceeding 11,000 In total aggre- gato fair market value, upon termina- tion or completion of Inc grant and If Inc property H not needed for any other federally sponsored project or program, the grantee shall retain Inc property for use on nonfederally sponsored activities, or sell !t, but must 171 either case, com- pensate Inc Federal Goverrnnent for Its share. The amount of compensation shall be computed in the same manner as nonexpendable personal property. 0. infanpibfe property. (a) Inventions and patents. It any program prod patentable Items, patent rights, processes, or inventions. 111 the cmnrsc of work sponsored by the Federal Government, such fact stall be promptly and fully reported to Inc Fed - crai agency. finless there is a prior agree- ment between the grantee and Inc Fed- eral agency on disposition of such items, the Federal agency shall determine whether protection on Inc invention or discovery shall be sought. The Federal agency will also determine ]low Inc rights 10 the Invention or discovery, including rights under any patent issued thereon. shall be allocated and administrated in order to protect Inc public interest con- sistent with "Government Patent Po11c5” ( Prnsldent's Memorandum for }leads Of `Sxtruttve Departments and Agencies, August 23. 1971, and statement of Gov- ernment Patent Policy as printed In 36 FR 16889). (b) Copyrights. Except as otherwise provided In the terms and condition of the agreement Inc author nr the grantee organization is free to copyright any books, publications, or other copyright - able materials developed to the course of or under a Federal agreement. but the Federal agency shall reserve a royalty- free nonexclusive and Irrevocable right to reproduce, publish, or otherwise use. and to authorize others to use, Inc work for Government purposes, 0, Excess personal property. When title to excess property's vested In grant- ees such property shall be accounted for and disposed of in accordance with para- graphs 6(c) and 6(d) of this attachment. ArrACIrsENr O- C,acml.Aa No. A -102 PROCUREMENT STANDARDS 1. This Attachment provides standards for use by grantees In establishing proce- dures for the procurement, of supplies. 'quioment construction. and other serv- ice, with Federal grant funds. These standards roe furnished to insure that such materials and services are obtained ill an 300031ve manner and In compliance wnh the provision: of applicable Fe - deral env and Executive orders No additions) ralulremene; shall be lmio..ed by the Federal aeencles upon the grantees un- less speetfleally required by Federal law or Executive orders. 2. The Standards contatntd in this At- Gte.nment do not relieve the g0/111:00 of the rontrartuel rcaponsibi;il;r,: ,irisinR Federal -Aid Highway Program Manual Vol. 4, Ch. 1 2 Ttan6m1ttal 133, May 15, 1975 ' Subsec. 2,'Attach. 2 NOTICE TO CONTRACTORS COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 FOR FEDERAL -AID CONTRACTS During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor "), agrees as follows: (1) Compliance with Regulations: The contractor will comply with the Regulations of the Department of Transportation relative to nondiscrimination in Federally - assisted programs of the Department of Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The contractor, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on the ground of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of 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 57 and Epi.ment: In all solicitations, either by competitive bidding or negotiation made by the contractor for work to be performed under a sub- contract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color or national origin. (4) Information and Reports: The contractor will provide all information anTreports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State highway agency or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any infuri: tion required of a contractor is in the exclusive posse of another who fails or refuses • Attachment C • Federal -Aid Highway Program Manual Transmittal 133, May 15, 1975 d U? WYt$wr 1 PAW. UrtKF 9'9- 2 Vol. 4, Ch. 1', Sed. 2 Subsec. 2, Attach. 2 to furnish this information, the contractor shall so certify to the State highway agency or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. (S) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the State highway agency shall impose such contract sanctions as it or the Federal-Highway Administration may determine to be appropriate including, but not limited to, (a) withholding of payments to the contractor under the contractor complies, and /or (b) cancellation, termination or suspension of the contract, in whole or in part. (6) Incorporation of Provisions: The, contractor will include the provisions of paragraph (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, order, or instructions issued pursuant thereto. The contractor will take such action with respect to any subcontract or procurement as the State highway agency or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the State to enter into such litigation to protect the interests of the State, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. CONTRACT STATE OF TEXAS X COUNTY OF TRAVIS X THIS CONTRACT made by and between the State of Texas acting by and through the State Department of Highways and Public Transportation, hereinafter called the "State ", and the City of Round Rock, hereinafter called the "Grantee ". WITNESSETH WHEREAS, under Section 18 of the Urban Mass Transportation Act of 1964, as amended, Federal funds were authorized for public transportation in rural and small urban areas in order to enhance the access of persons in those areas for purposes such as health care, shopping, education, recreation, public services and employment by encouraging the maintenance, development, improvement and use of passenger trans- portation systems; and, WHEREAS, Section 18 further authorizes funds for technical assistance to include project planning, program development, management development, coordination of public transportation programs and such research as the State may deem appropriate to promote effective means of delivering public transportation service in non - urbanized areas; and, WHEREAS, the Governor of the State of Texas has designated the State Depart- ment of Highways and Public Transportation to administer the program; and, WHEREAS, the Grantee has been approved by the Federal Highway Administration and the Urban Mass Transportation Administration as a recipient agency to receive technical assistance funds from this program through the State; NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth the parties hereto agree as follows: I. The Grantee shall undertake and complete the project as described in its application attached hereto as Attachment A, and in accordance with the terms and conditions of this Contract. II. The Grantee shall commence, carry on and complete the project with all practicable dispatch, in a sound, economical and efficient manner in accordance with the provisions of Attachment A. III. The State will reimburse the Grantee for the authorized costs incurred in carrying out this project. The total reimbursement by the State is not to exceed the total funds authorized for the Grantee in the amount of $800.00. Specific work on this project performed by the Grantee shall be reimbursed by the State on the 1 basis of actual costs directly attributable to the project in accordance with the provisions of Part 1 -15 of the Federal Procurement Regulations not to exceed the maximum limiting amount specified in this Contract. It is understood that adjust- ments may be required in the budget included in Attachment A. An adjustment may not be made, however, without the prior approval of the parties to the Contract and the Federal Highway Administration. The State will make payments based upon properly prepared and executed Forms 132 and a billing summarizing all authorized costs by classification of costs showing description, quantities, price, extension and total. Such payments will be made no more frequently than on a monthly basis. The Grantee shall submit a final billing within ninety (90) days of the close of the Grantee's fiscal year during which the contract is completed. Prior to final payment, an audit of the records supporting the costs claimed by the Grantee shall be made by the State in accordance with standard State audit procedures and Federal audit pro- cedures as outlined in OMB Circular A -102, Attachment P. The Grantee shall bear the responsibility for all funds determined to be ineligible for Federal reimbursement and shall refund to the State such funds. All records relating to this project shall be maintained by the Grantee for three (3) years after final payment from the State after Federal reimbursement has been received by the State. All major items of equip- ment shall be included in this Contract as direct costs. The Grantee hereby certifie that items of equipment included in direct costs have been excluded from the indirect costs. Travel which exceeds the amount specified in the approved project budget in Attachment A must have the prior approval of the State and the Federal Highway Admin- istration. The Grantee will submit all subcontracts for work covered by this agreement to the State for approval by the State and the Federal Highway Administration prior to execution by the Grantee. All subcontracts entered into by the Grantee shall be subject to the provisions contained in this agreement. IV. Equipment purchased under this Contract shall be purchased using competitive bidding procedures approved by the State and in accordance with the provisions of OMB Circular A -102, Attachment 0. Specifications developed by the Grantee for equipment purchases must be approved by the State and the Federal Highway Administration. V. Project equipment shall be used for the technical study as described in Attachment A. In the event that any project equipment is not used in the proper manner or is withdrawn from the technical study, the Grantee shall immediately notify the State. Further, the project shall be terminated if the completion of the project is, for any reason, rendered improbable, impossible or illegal, or the Grantee shall be in default under this Contract. Upon termination of the project, nonexpendable personal property purchased under the project shall be disposed of in accordance with the provisions of OMB Circular A -102, Attachment N, attached hereto as Attachment B. The Grantee shall 2 remit to the State the fair market value of such equipment. The procedure for determining the fair market value shall be at the option of the State and the Federal Highway Administration. VI. The State and Federal Highway Administration shall be accorded proper facilities for review and inspection of the work provided herein and shall at all reasonable times have access to the premises and to all books, records, correspon- dence, instructions, receipts, vouchers and memoranda of every description pertaining to the technical study. VII. The Grantee and its subcontractors will comply with all Federal, State and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any court or administrative bodies or tribunals in any nature affecting the performance of this Contract, including without limitation workmen's compensa- tion laws, minimum and maximum salary and wage statutes and regulations. When required, the Grantee shall furnish the State with satisfactory proof of its compliance therewith. VIII. It is mutually agreed that all parties hereto shall be bound by the provisions of Title 49, Code of Federal Regulations, Part 21, which was promulgated to effectuate Title VI of the Civil Rights Act of 1964. In furtherance of the requirements of Title 49, a copy of "Notice to Contractors - Compliance with Title VI of the Civil Rights Act of 1964 for Federal-Aid Contracts" is marked Attachment C attached hereto and made a part hereof. IX. It is mutually agreed that all parties hereto shall be bound by the provisions of Title 49, Code of Federal Regulations, Part 27, which was promulgated to effectuate Section 504 of the Vocational Rehabilitation Act of 1373. In particular, the Grantee agrees that no otherwise qualified handicapped person shall, solely by reason of his handicap, be excluded from participation in, be denied the benefits of, or otherwise be subject to discrimination under the project. The Grantee will conduct any program or operate any facility funded as part of the project described in Attach- ment A in compliance with all the requirements of Title 49. X. It is the policy of the Department of Transportation that Minority Business Enterprise as defined in 49 CFR Part 23 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 Part 23 apply to this contract as follows: The Contractor agrees to insure that Minority Business Enterprise 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. In this regard, the Contractor shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to insure that Minority Business Enterprises 3 have the maximum opportunity to compete for and perform contracts. The Contractors and any subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of con- tracts funded in whole or in part with Federal funds. If as a condition of assistance the State Department of Highways and Public Transportation has submitted and the U.S. Department of Transportation has approved a minority business enterprise affirmative action program which the State Department of Highways and Public Transportation agrees to carry out, this program is incorporated into this financial assistance agreement by reference. This program shall be treated as a legal obligation and failure to carry out its terms shall be treated as a violation of this financial assistance agreement. Upon notification to the State Department of Highways and Public Transportation of its failure to carry out the approved program the U.S. Department of Transportation shall impose such sanctions as noted in 49 CFR Part 23, Subpart E, which sanctions may include termination of the agreement or other measures that may affect the ability of the State Department of Highways and Public Transportation to obtain future U.S. Department of Transportation financial assistance. 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 Department, may result in termination of the contract by the State or other such remedy as the State deems appropriate. XI. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Contract or to any benefit arising therefrom. XII. No member, officer or employee of the Grantee during his tenure or one year thereafter shall have any interest direct or indirect, in this Contract or the proceeds thereof. XIII. Any alterations, extensions, supplements, or modification of the terms of this Contract as detailed herein or as described in Attachment A shall be agreed to in advance and in writing by the parties hereto. XIV. All reports published by the State or the Grantee as a result of this project shall contain an acknowledgement as follows: as follows will be included: "Prepared in cooperation with the U.S. Department of Transportation, Federal Highway Administration and Urban Mass Transportation Administration." Further, for reports prepared for distribution to the public a disclaimer statement 4 "The contents of this report reflect the views of the Grantee which is responsible for the facts and the accuracy of the data presented herein. The contents do not necessarily reflect official views or policies of the State Department of Highways and Public Trans- portation, the Federal Highway Adminis- tration or the Urban Mass Transportation Administration." The Grantee is free to copyright material developed under this project with the provisions that the State and the U.S. Department of Transportation reserve a royalty -free, non - exclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, the work for Government purposes. XIV. This Contract shall terminate upon completion of a final audit and receipt of a final payment for the activities covered under the terms of this Contract. Further, either Party to this Contract may terminate its interests and obligations under this Contract by giving thirty (30) days notice in writing to the other Party. Upon such termination for any cause, all records pertaining to work covered by this Contract shall be retained as specified in Item III hereof. XVI. The Grantee shall save harmless the State and the U.S. Department of Transportation from all claims and liability due to its negligent acts or omissions or the negligent acts or omissions of its subcontractors, agents, or employees during the course of this project. 5 be executed. APPROVED: By: Date: IN TESTIMONY WHEREOF, the parties hereto have caused these presents to STATE OF TEXAS Certified as being executed for the purpose and effect of activating and /or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway and Public Transportation Com- mission. neer- Director Executed and approved for the State Highway and Public Transportation Commission under authority of Commission Minute 78501. 60 -5Av RECOMMENDED FOR EXECUTION: rict Engineer /i'strict 14 Di c or Finance Division State Planning Engineer, Transportation Date: 8/3/g/ Grantee: City of Round Rock Project Description: PROJECT RPT- 0050(008) Travel expenses for one (1) person to and from Arcata, California to participate in the Fifth National Conference on Rural Public Transportation, August 18 -20, 1981. The Conference will be held at the Jolly Giant Conference Center on the campus of Humboldt State University. Eligible Costs - TOTAL REIMBURSEMENT NOT TO EXCEED $800.00. 1. Mileage to /from Grantee's headquarters to airport @ 20t /mile 2. Airfare (copy of receipt must be submitted with request for reimbursement) 3. Meals and lodging, not to exceed $160.00* (receipts required) 4. Conference registration(receipt required) 5. Airport /conference shuttle, if applicable (receipt required) 6. Airport parking, if applicable (receipt required) Rental car fees will not be an allowable cost under this project. The maximum allowable reimbursement for meals and lodging is based on the rate quoted for the Jolly Giant Conference Center, Humboldt State University Campus. All meals are included in that accommodations package. Attachment A