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R2003-0160 10-27-03 RESOLUTION NO. R2003-'160 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN ADVANCED FUNDING AGREEMENT WITH THE STATE OF TEXAS FOR DEVELOPMENT OF THE INTELLIGENT TRANSPORTATION SYSTEMS DEPLOYMENT PROJECT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain Advance Funding Agreement by and between the City of Pearland and the State of Texas, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest an Advance Funding Agreement with the State of Texas, for the Intelligent Transportation Systems Deployment Project. PASSED, APPROVED and ADOPTED this the 27th dayof October , A.D., 2003. ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY MAYOR Exhibit "A" Resolution No. R2003-160 STATE OF TEXAS County Name: Harris CS J: 0912-71-825 Project No: ITS 2001 (960) COUNTY OF TRAVIS § LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For An INTELLIGENT TRANSPORTATION SYSTEMS DEPLOYMENT PROJECT THIS AGREEMENT (the Agreement) is made by and between the State of Texas, acting by and through the Texas Department of Transportation hereinafter called the "State", the City of Seabrook, acting by and through its duly authorized officials hereinafter called "Seabrook", the City of Webster, acting by and through its duly authorized officials hereinafter called "Webster", the City of Peadand, acting by and through its duly authorized officials hereinafter called "Pearland", the City of League City, acting by and through its duly authorized officials hereinafter called "League City", the Metropolitan Transit Authority of Harris County, acting by and through its duly authorized officials hereinafter called "METRO", and Harris County, acting by and through its duly authorized 'officials hereinafter called "Harris County". The Cities of Seabrook, Webster, Peadand, and LeagUe City and Harris County and METRO hereinafter will be referred to jointly as the' "Local Governments". WITNESSETH WHEREAS, the Intermodal Surface Transportation and Efficiency Act of 1991 (ISTEA) and the Transportation Equity Act for the 21st Century (TEA-21) codified under Title 23 U.S.C. Section 101 et seq., authorize transportation programs to meet the challenges of protecting and enhancing communities and the natural environment and advancing the nation's economic growth and competitiveness; and WHEREAS, ISTEA and TEA-21 establish federally funded programs for transportation improvements to implement its public purposes; and WHEREAS, the Texas Transportation Code, Sections 201.103 and 222.052 establish that the State shall design, construct and operate a system of highways in cooperation with local governments; and WHEREAS, federal and state laws require local governments to meet certain contract standards relating to the management and administration of State and federal funds; and WHEREAS, on July 25, 2002 the Texas Transportation Commission passed Minute Order 108974, authorizing the State to undertake and complete a highway improvement generally described as traffic video integration through internet video streaming and, WHEREAS, the Governing Body of Seabrook has approved entering into this Agreement by resolution or ordinance dated ~ ~_n ~¢¢.~ which is attached hereto and made a part hereof as Attachment "A", and the Governing Body of League City has approved entering into this Agreement by resolution or ordinance dated/.7,7'/2,~/. ,2,,'~,4/' , which is attached hereto and made a part hereof as Attachment "B", and the Governing Body of Webster has approved entering into this Agreement by resolution or ordinance dated AFALongGen Page 1 of ]5 County Name: Harris CS J: 0912-71-825 Project No: ITS 2001(960) ,/~/ti_nc ,~¢2,,') .3 , which is attached hereto and made a part hereof as Attachment "C", and the Gove~-ning Body of Pearland has approved entering into this Agreement by resolution or ordinance dated ~?' ~-~9~_=~ , which is attached hereto and made a part hereof as Attachment "D", and the Governing Body of Harris County has approved entering into this Agreement by resolution or ordinance dated/~'~'7~/'~, which is attached hereto and made a part hereof as Attachment "E", and the Governing Body of METRO has approved entering into this Agreement by resolution or ordinance dated ~5/~/¢;~', ~4z', which is attached hereto and made a part hereof as Attachment "F" for the installati6n of internet video streaming equipment at Houston TranStar hereinafter referred to as the Project. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: AGREEMENT Period of the Agreement This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. This Agreement shall remain in effect until the Project is completed or unless terminated as provided below. Scope of Work The project involves the installation of equipment, at Houston TranStar, necessary to provide the Local Governments access to the State's closed circuit television camera video from Houston Transtar by means of internet video streaming for the purpose of traffic and emergency management. Local Project Sources and Uses of Funds a. The total estimated cost of the Project is shown in the Project Budget - Attachment "G" which is attached hereto and made a part hereof. The expected cash contributions from the Federal or State government, the Local Governments, or other parties is shown in Attachment "G". The State will pay for only those project costs that have been approved by the Texas Transportation Commission. The FHWA must review and approve any authorizing work orders. b. This project cost estimate shows how necessary resources for completing the project will be provided by major cost categories. These categories may include but are not limited to: (1) costs of real property; (2) costs of utility work; (3) costs of environmental assessment and remediation; (4) cost of preliminary engineering and design; (5) cost of implementation and project management; and (6) any other local project costs. c. The State will be responsible for securing the Federal and State share of the funding required for the development and implementation of the local project. If the Local Governments are due funds for expenses incurred, these funds will be reimbursed to the Local Governments on a cost basis. d. All parties will be responsible for all non-federal participation costs associated with the Project in the percentage shown in Attachment G, including any overruns in excess of the approved local project budget unless approved otherwise in an amendment to this Agreement. e. Prior to the performance of any engineering review work by the State, the Local Governments will remit a check or warrant made payable to the "Texas Department of Transportation" in the amount specified in Attachment G. Page 2 of 15 AFALongGen m County Name: Harris CS J: 0912-71-825 Project No: ITS 2001 (960) f. In the event the State determines that additional funding is required at any time during the Project, the State will notify the Local Governments in writing. The Local Governments will make payment to the State within thirty (30) days from receipt of the State's written notification. g. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due to the Local Governments, the State, or the Federal government will be promptly paid by the owing party. h. The State will not pay interest on any funds provided by the Local Governments. i. If a waiver has been granted, the State will not charge the Local Governments for the indirect costs the State incurs on the local project, unless this Agreement is terminated at the request of the Local Governments prior to completion of the project. j. If the project has been approved for a "fixed price" or an "incremental payment" non- standard funding or payment arrangement under 43 TAC §15.52, the budget in Attachment "G" will clearly state the amount of the fixed price or the incremental payment schedule. k. The Texas Comptroller of Public Accounts has determined that certain counties qualify as Economically Disadvantaged Counties in comparison to other counties in the state as below average per capita property value, and below average per capita income, and above average unemployment, for certain years. The State will not execute the contract for the implementation of the project until the required funding has been made available by the Local Governments in accordance with this Agreement. Termination of this Agreement This Agreement shall remain in effect until the project is completed and accepted by all parties, unless: a. the Agreement is terminated in writing with the mutual consent of the parties, or; b. because of a breach of this Agreement. Any cost incurred due to a breach of contract shall be paid by the breaching party. c. If after the PS&E the Local Governments elect not to provide the funding and the Project does not proceed because of insufficient funds; the Local Governments agree to reimburse the State for its reasonable actual costs incurred during the project. Amendments Amendments to this Agreement due to changes in the character of the work or terms of the Agreement, or responsibilities of the parties relating to the Project may be enacted through a mutually agreed upon, written amendment. Remedies This Agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this Agreement and shall be cumulative. Compliance with Texas Accessibility Standards and ADA All paKies to this Agreement shall ensure that the plans for and the construction of all projects subject to this Agreement are in compliance with the Texas Accessibility Standards (TAS) issued by the Texas Department of Licensing and Regulation, under the Architectural Barriers Act, Article 9102, Texas Civil Statutes. The TAS establishes AFALongGen Page 3 of :tS 10. Il. County Name: Harris CS J: 0912-71-825 Project No: ITS 2001 (960) minimum accessibility requirements to be consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101-336) (ADA). Architectural and Engineering Services The State has responsibility for the performance of architectural, engineering, and implementation services. The engineering plans shall be developed in accordance with the applicable State's Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges, and the special specifications and special provisions related thereto. In procuring professional services, the parties to this Agreement must comply with federal requirements cited in 23 CFR Part 172 if the project is federally funded and with Texas Government Code 2254, Subchapter A, in all cases. Professional services contracts for federally funded projects must conform to federal requirements, specifically including the provision for participation by disadvantaged business enterprises (DBEs), ADA, and environmental matters. Implementation Responsibilities a. The State shall advertise for project bids, issue bid proposals, receive and tabulate the bids and award and administer the contract for implementation of the Project. Administration of the contract includes the responsibility for project engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders, which may become necessary subsequent to the award of the contract. In order to ensure federal funding eligibility, projects must be authorized by the State prior to advertising for the Project. b. The State will use its approved contract letting and award procedures to let and award the contract. Prior to their execution, the Local Governments will be given the opportunity to review contract change orders that will result in an increase in cost to the Local Governments. Upon completion of the Project, the party implementing the project will issue and sign a "Notification of Completion" acknowledging the Project's construction completion. For federally funded contracts, the parties to this Agreement will comply with federal construction requirements cited in 23 CFR Part 635 and with requirements cited in 23 CFR Part 633, and shall include the latest version of Form "FHWA-1273" in the contract bidding documents. If force account work will be performed, a finding of cost effectiveness shall be made in compliance with 23 CFR 635, Part B. Co Project Maintenance The Local Governments shall be responsible for maintenance of locally owned equipment and software after completion of the work and the State shall be responsible for maintenance of equipment and software at Houston TranStar after completion of the work. Notices All notices to either party by the other required under this Agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following addresses: AFALongGen Page 4 of County Name: Harris CS J: 0912-71-825 Project No: ITS 2001 (960) Seabrook: Bo McDaniel City Manager 1700 First Street Seabrook, Tx 77586 Webster: Frank Simpson City Manager 101 Pennsylvania Avenue Pearland: Bill Eisen City Manager 3519 Liberty Drive Pearland, Tx 77581 Harris County: Rose Hernandez 1001 Preston, #911 Houston, Tx 77002 Webster, Tx 77598 METRO: Russell Pfeifle 6922 Old Katy Road Houston, Tx 77024 League City: Chuck Harrington City Administrator 300 Walker League City, Tx 77573 State: David Fink, P.E. Transportation Management Systems Manager 6922 Old Katy Road Houston, Tx 77063 12. All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party. Legal Construction In case one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions and this Agreement shall be construed as if it did not contain the invalid, illegal or unenforceable provision. AFALongGen Page 5 of ]5 13. 14. 15. 16. 17. 18. 19. County Name: Harris CS J: 0912-71-825 Project No: ITS 2001(960) Responsibilities of the Parties The State and the Local Governments agree that no party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. Ownership of Documents Upon completion or termination of this Agreement, all documents prepared by the State shall remain the property of the State. All data prepared under this Agreement shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by the Local Governments shall be transmitted to the State in the form of photocopy reproduction on a monthly basis as required by the State. The originals shall remain the property of the Local Governments. Compliance with Laws The parties shall comply with all Federal, State, and Local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this Agreement. When required, the Local Governments shall furnish the State with satisfactory proof of this compliance. Sole Agreement This Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the Agreement's subject matter. Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in OMB Circular A-87 that specify that all reimbursed costs are allowable, reasonable and allocable to the Project. Procurement and Property Management Standards The parties shall adhere to the procurement standards established in Title 49 CFR §18.36 and with the property management standard established in Title 49 CFR §18.32. Inspection of Books and Records The parties to this Agreement shall maintain all books, documents, papers, accounting records and other documentation relating to costs incurred under this Agreement and shall make such materials available to the State, the Local Governments, and, if federally funded, the Federal Highway Administration (FHWA), and the U.S. Office of the Inspector General, or their duly authorized representatives for review and inspection at its office during the contract period and for four (4) years from the date of completion of work defined under this contract or until any impending litigation, or claims are resolved. Additionally, the State, the Local Governments, and the FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions. 20. Office of Management and Budget (OMB) Audit Requirements AFALongGen Page 6 of 15 21. 22. 23. 24. County Name: Harris CS J: 0912-71-825 Project No: ITS 2001 (960) The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98- 502, ensuring that the single audit report includes the coverage stipulated in OMB Circular A-133. Civil Rights Compliance The Local Governments shall comply, with the regulations of the Department of Transportation as they relate to nondiscrimination (49 CFR Chapter 21 and 23 CFR §710.405(B)), and Executive Order 11246 titled "Equal Employment Opportunity," as amended by Executive Order 11375 and supplemented in the Department of Labor Regulations (41 CFR Part 60). Disadvantaged Business Enterprise Program Requirements The parties shall comply with the Disadvantaged/Minority Business Enterprise Program requirements established in 49 CFR Part 26. Debarment Certifications The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive Federal funds and, when requested by the State, to furnish a copy of the certification in accordance with Title 49 CFR Part 29 (Debarment and Suspension). Lobbying Certification In executing this Agreement, the signatories certify to the best of his or her knowledge and belief, that: a. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with federal contracts, grants, loans, or cooperative agreements, the signatory for the Local Government shall complete and submit the federal Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. c. The parties shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. By executing this Agreement, the parties affirm this lobbying certification with respect to the individual projects and affirm this certification of the material representation of facts AFALongGen Page 7 of ]5 County Name: Harris CS J: 0912-71-825 Project No: ITS 2001 (960) upon which reliance will be made. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 25. Audit The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. 26. Signatory Warranty The signatories to this Agreement warrant that each has the authority to enter into this Agreement on behalf of the party represented. IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in multiple counterparts. AFALongGen Page 8 of ]5 THE CITY OFt, LEAGUE CITY Name ~'~\ Printed Name and Title Date County Name: Harris CS J: 0912-71-825 Project No: ITS 2001 (960) AFALongGen Page 9 of ]5 THE CITY OF PEARLAND Name Printed Name anE'Title ' ' Date County Name: Harris CS J: 0912-71-825 Project No: ITS 2001 (960) AFALongGen Page 10 of County Name: Harris CS J: 0912-71-825 Project No: ITS 2001 (960) ,~AN~AUTHORITY OF HARRIS COUNTY amc Frank J. B/il,, n, President 8, CEO Pdntod Name and Title Date AFALongGen Page 11 of ! 5 HE CITY OF Name ~ Printed Name and Title Date County Name: Harris CS J: 0912-71-825 Project No: ITS 2001 (960) AFALongGen Page 12 of ! 5 T~,E ITYO SE OOK Robin C. Riley, Mayor Printed Name and Title January 6, 2004 Date County Name: Harris CS J: 0912-71-825 Project No: ITS 2001 (960) AFALongGen Page 13 of !5 Printed Name and Title ~./~ ' Date County Name: Harris CS J: 0912-71-825 Project No: ITS 2001 (960) AFALongGen Page 14 of ! 5 County Name: Harris CS J: 0912-71-825 Project No: ITS 2001 (960) THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. carlos Lopez, Director~' (~ TRF Date AFALongGen Page 15 of ! 5 County Name: Harris CS J: 0912-71-825 Project No: ITS 2001 (960) ATTACHMENT A Seabrook Resolution or Ordinance Page I of I Attachment A CITY OF SEABROOK RESOLUTION NO. 2004-01 INTERLOCAL AGREEMENT FOR INTELLIGENT TRANSPORTATION SYSTEMS DEPLOYMENT PROJECT A RESOLUTION OF THE CITY COUNCIL OF ~ CITY OF SEABROOK, TEXAS, AUTHORIZING THE MAYOR OR HIS DESIGNEE TO ENTER INTO AN ADVANCED FUNDING AGREEMENT WITH THE STATE OF TEXAS FOR DEVELOPMENT OF THE INTEIJ,IGENT TRANSPORATION SYSTEMS DEPLOYMENT PROJECT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEABROOK, STATE OF TEXAS: Section 1. That certain Advance Funding Agreement by and between the City of Seabrook and the State of Texas, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the Mayor or his designee is hereby authorized to execute and the City Secretary to attest an Advance Funding Agreement with the State of Texas, for the Intelligent Transportation Systems Deployment Project. PASSED, APPROVED, AND ADOPTED this 6tth day of January 2004. ATTEST: Michel~L Glaser, TRMC City Secretary i SEABROOK · , . 'ey, Mayor County Name: Harris CS J: 0912-71-825 Project No: ITS 2001 (960) ATTACHMENT B League City Resolution or Ordinance Page 1 of 1 Attachment B RESOLUTION NO. 2004-01 A P,_ESOLUTION AUTHOPdZING THE MAYOR TO SIGN AND THE Cl~f SECRETARY TO ATTEST AN AGREEMENT BETWEEN THE CITY OF LEAGUE CITY AND THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT, INTELLIGENT TRANSPORTATION SYSTEMS DEPLOYMENT PROJECT WHEREAS, the Intermodal Surface Transportation and Efficiency Act of 1992 and the Transportation Equity Act for the 21st Century codified under Title 23 U.A.X. Section 101 et seq., authorizes transportation programs to meet the challenges of protecting and enhancing comm!Illities and the natural environment and advancing the nation's economic growth and competitiveness. WHEREAS, the Texas Department of Transportation is requesting approval ofthe Local Transportation Project Advance Funding Agreement for an Intelligent Transportation Systems Deployment Project as shown in substantially the same form as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LEAGUE CITY, TEXAS, as follows: Section 1. The facts and opinions in the preamble of this Resolution are tree and correct. Section 2. The Ci.ty Council hereby authorizes the Mayor or sign and the City Secretary- to attest an agreement between the City of League City and the Texas Department of Transportation for the Local Transportation Project Advance Funding Agreement for an Intelligent Transportation Systems Deployment Project as shown in substantially the same form as Exhibit "A". Section 3. All resolutions and agreements and parts of resolutions and agreements in conflict herex~4th are hereby repealed to the extent of the conflict only. PASSED AND APPROVED the 13th day of January, 2004. ATTEST: A. J. HARRISON, Mayor City Secretmy /psb:txdotagreement.res County Name: Harris CS J: 0912-71-825 Project No: ITS 2001 (960) ATTACHMENT C Webster Resolution or Ordinance Page 1 of I Attachment C RESOLUTION NO. 03- 2 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEBSTER, TEXAS, AUTHORIZING THE MAYOR OR HER DESIGNEE TO ENTER INTO AN ADVANCED FUNDING AGREEMENT WITH THE STATE OF TEXAS FOR DEVELOPMENT OF THE INTELLIGENT TRANSPORATION SYSTEMS DEPLOYMENT PROJECT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEBSTER, TEXAS: Section 1. That certain Advance Funding Agreement by and between the City of Webster and the State of Texas, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the Mayor or her designee is hereby authorized to execute and the City Secretary to attest an Advance Funding Agreement with the State of Texas, for the Intelligent Transportation Systems Deployment Project. PASSED, APPROVED, AND ADOPTED this 18th day of November 2003. CITY OF WEBSTER D~nna Rogers, Mayor ATTEST: ~a~dine-~ m~l ,I~T~MC City Secretary County Name: Harris CS J: 0912-71-825 Project No: ITS 2001 (960) ATTACHMENT D Pearland Resolution or Ordinance Page 1 of 1 Attachment D RESOLUTION NO. R2003-160 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN ADVANCED FUNDING AGREEMENT WiTH THE.STATE - OF TEXAS FOR DEVELOPMENT OF THE INTELLIGENT TRANSPORTATION SYSTEMS DEPLOYMENT PROJECT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain Advance Funding Agreement by and between the City of Pearland and the State of Texas, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest an Advance Funding Agreement with the State of Texas, for the Intelligent Transportation Systems Deployment Project. PASSED, APPROVED and ADOPTED this the 27th dayof October , A.D., 2003. ATTEST: Y~IG L(~F I~,/'¢ ~ ~.:; /~ S E(:~,ETARY .... ~'. APPRQVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY MAYOR County Name: Harris - CS J: 0912-71-825 Project No: ITS 2001 (960) ATTACHMENT E Harris County Resolution or Ordinance Page 1 of 1 Attachment E 07/07/04 09:54 FAX 7137558379 ffARRIS COUNTY JUDGE ROBERT ECKELS COu NTY JUDGE Vcte cl ,,.,~ ~ Yes h.,-;:'.-= ?.C '--q'~ [-~-~ .C'. C r~::-:. U":~ Comm. Ra~ack Comm. Evm~.ie [~ Commission'ers Court 1001 Preston, 9m Floor Houston, Texas 77002 No ~ [~ September I 1, 2002 RECEIVED TXDOT / TMS SCANNED JUl_ 0 ? 20~/~ Intelligent Transportation System (ITS) "Regional Video Integration ZDOT / TMS Distribution' Project Gentlemen: I respectfully request Commissioners Court's authorization for Harris County to join the Texas Department of Transportation, Bay Area Partnership, and Houston TranStar in the Intelligent. Transportation System (ITS) "Regional Transportation Video Integration and Distribution" Project. This project will produce e,,ctensive video/reformation distribution infrastructure in the Harris County region via existing and developed ITS systems. It will electronically link emergency management systems, homeland security management syste.ms, and county and municipal governments with Houston TranStar. This video monitoring system will initially link over 250 Closed Caption Television cameras managed in the Houston area by TranStar, along with additional planned monitoring systems in the cities of Webster and Seabrook. into county and municipal agencies and control center systems that are responsible for law enforcement, emergency management and homeland security. Project implementation plans include initial prototype development for the cities of Webster and Seabrook, utilizing high-speed connection via Imemet protocol with the TranStar facility. The protoLTpe installations will then be available for replication across Harris County and the Houston-Galveston region. The total cost of the initial three-year project is S1,904,674. The Regional Video Integration and Distribution Project is a Texas Department of Transportation project utilizing federal congressionally designated funds amounting to $952,337, or 50% of the total- project. Local match requirements include $380,935 (20% match) from non-federally derived sources and $571,402 (30% match) from a combination of federal and non-federal local sources. The 30% match is covered by CMAQ Project 0912-71-123 funds. Presented to Commissioners' Coflrt AOMINISTR.~TIQN I:IuIL.131NG · I0~1 PRESTON. SUITE 91 1 {713} T55-~000 * SEP 17/._- APPROVE __ --, Recorded V,~l ~a-e * HOUSTON, TEXAS 7700T U 07/07/04 09:54 FAX 7137558379 ~ARRIS'COUNTY JUDGE ~003 The Texas Department of Transportation has given preliminary project approval, provided a local 20% match can be met; Harris County's share would amount to $250,000. The remaining $130,935 is being derived from other local sources. Local match requirements and letters of agreement 'are due by October 1, 2002. Thank you. County Judge RAE/RH/pw Commissioners Court Richard Raycra~ Budget Officer Art Storey, Exec. Dir., Public Infrastructure Gary Trietsch, Houston District Engineer County Name: Harris - CS J: 0912-71-825 Project No: ITS 2001 (960) ATTACHMENT F METRO Resolution or Ordinance Page 1 of 1 Attachment F RESOLUTION NO. 2004-26 A RESOLUTION AUTHORIZING AND DIRECTING THE PRESIDENT & CEO TO EXECUTE AND DELIVER AN INTERLOCAL AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR PARTICIPATION IN THE IMPLEMENTATION OF STREAMING VIDEOS; AND MAKING FINDINGS AND PROVISIONS RELATIVE TO THE SUBJECT. WHEREAS, existing closed circuit television cameras monitor traffic conditions and emergency evacuations along the IH-45 and SH-146 Freeway Corridors; and WHEREAS, TxDOT has proposed the use of streaming videos for direct transmission to the Bay area and surrounding communities of information and video images of traffic conditions obtained by closed circuit television; and WHEREAS, streaming videos will also provide METRO with easier access to traffic information and incident surveillance that will enhance METRO's traffic management and transit service functions; and WHEREAS, other area public entities and municipalities are participating with TxDOT in the implementation of streaming videos; and WHEREAS, it is appropriate that METRO also participate in this project;, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE METROPOLITAN TRANSIT AUTHORITY THAT: Section 1. The Board of Directors hereby approves METRO's participation, with the Texas Department of Transportation and other public entities; in a project for implementation of streaming videos along the IH-45 and SH'146 Freeway Corridors. Section 2. The President & CEO is hereby authorized and directed to execute and deliver an intedocal agreement with the Texas Department of Transportation for METRO's contribution of an amount not to exceed $30,935.00 as METRO's sham of project costs. RESOLUTION NO. 2004-26 (Page 2) Section 3. This resolution is effective immediately upon passage. PASSED this 25th day of March, 2004 APPROVED this 25~ day of March, 2004 ATTEST: David'S. Wolff Chairman County Name: Harris CS J: 0912-71-825 Project No: ITS 2001 (960) ATTACHMENT G Location Map Tran~ar Page 1 of I Attachment G County Name: Harris . CS J: 0912-71-825 Project No: ITS 2001 (960) ATTACHMENT H Project Budget The Local Governments will participate in the cost of the procurement and installation of equipment at Transtar.that will provide the LOcal Governments access.to Transtar's closed circuit televiSion' video by means of internet video Streaming: The'State has estimated the project to be as follows: ITEMIZED BUDGET Work Activities II Quantity II Unit Price I[ Cost Preliminary Design 111 II$76,000 II $76,000 Hardware Costs II 1 II$675,941 II $675,941 Integration II 1 II $351,000 II $351,000 Training 111 11$76,000 II $76.000 Evaluation 1[ 1 ]1 $101,000 II $101,000 . Total Costs: I. $1,279,941 SOURCE OF FUNDS REQUESTED Total Itemized Budget 1. $ 1,279,941.00 Engineering and Contingencies 2. $ 53,331.00 Total Value of Project 3. $. 1,333,272.00 Local Governments Participation: Seabrook Match Pearland Match Webster Match League City Match METRO Match Harris County Match State Match Local Match Total Federal Funds Requested 4.$ 5. $ 6. $ 7. $ 8. $ 9. $ 10. $ 11. $ 0.00 25 000.00 25 000.00 25 000.00 31 000.00 250000.00 25.OO0.OO 381,000.00 12. $ 952,337.00 Engineering and contingencies charges will be based on actual charges. It is understood that the proposed improvements will be done by the State and the Local Governments will transmit to the State with the return of this Agreement, executed by the City, a warrant or check in the amount shown above made payable to the "Texas Department of Transportation" to be used solely for. the cost of improvements as requested by the Local Governments. It is further understood that the State will include only those items for the improvements as requested and required by the City. This is a construction estimate only, final participation amounts will be based on actual charges to the project. Page 1 of I Attachment H Texas Department of Transportation RO, BOX 1386 • HOUSTON, TEXAS 77251-1386 • (713) 802-5000 September 16, 2003 CONTACT: TMS Regional Video Distribution from Houston TranStar Project ITS 2001(960) Mr. Bill Eisen City Manager City of Pearland 3519 Liberty Drive Pearland, Texas 77598 Dear Mr Eisen:: Enclosed for your record is an executed copy of the Memorandum of Understanding for the subject project. Also enclosed is a copy draft version of the Advance Funding Agreement (AFA) for your review and comments. A resolution or ordinance is required from your agency so that is can be included in the AFA as an attachment. Due to time constraints and number of participating agencies in the AFA, we are requesting that you return your comments along with your resolution or ordinance for the project to our office by October 1, 2003. Thank you for your cooperation. If you should have any questions concerning this matter, please contact Mr. Jonathan A. Gurley at (713) 881-3283. Sincerely, DER tc Enclosures cc: Mr. Jonathan A. Gurley frt symertri John M. Gaynor, P.E. Director, Transportation Management Systems Houston District An Equal Opportunity Employer Texas epartment of rans • ortation P.O. BOX 1386 • HOUSTON, TEXAS 77251-1386 • (713) 802-5000 October 3, 2003 CONTACT: TMS Regional Video Distribution from Houston TranStar Project ITS 2001(360) Mr. Doug Kneupper City Engineer City of Pearland 3219 Liberty Drive Pearland, Texas 77598 Dear Mr. Kneupper: Enclosed is a complete copy draft version of the Advance Funding Agreement for your review and comments. This is being sent as a replacement for the previous copy originally mailed to your office on September 16, 2003, as one page was inadvertently missing. Thank you for your cooperation. If you should have any questions concerning this matter, please contact Mr. Jonathan A. Gurley at (713) 881-3283. • JAG:tjc Enclosure cc: Mr. Jonathan A. Gurley Sincerely, ter. elara , P, E John M. Gaynor, P E Director, Transportation Management Systems Houston District An Equal Opportunity Employer County Name: Harris CSJ: 0912-71-825 Project No: ITS 2001(960) STATE OF TEXAS § COUNTY OF HARRIS § LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For An INTELLIGENT TRANSPORTATION SYSTEMS DEPLOYMENT PROJECT THIS AGREEMENT (the Agreement) is made by and between the State of Texas, acting by and through the Texas Department of Transportation hereinafter called the "State", the City of Seabrook, acting by and through its duly authorized officials hereinafter called "Seabrook", the City of Webster, acting by and through its duly authorized officials hereinafter called 'Webster' , the City of Pearland, acting by and through its duly authorized officials hereinafter called "Pearland' , the City of League City, acting by and through its duly authorized officials hereinafter called ' League City", the Metropolitan Transit Authority of Harris County, acting by and through its duly authorized officials hereinafter called "METRO", and Harris County acting by and through its duly authorized officials hereinafter called "Harris County' . The Cities of Seabrook, Webster, Pearland, and League City and Harris County and METRO hereinafter will be referred to jointly as the "Local Governments". WITNESSETH WHEREAS, the Intermodal Surface Transportation and Efficiency Act of 1991 (ISTEA) and the Transportation Equity Act for the 21st Century (TEA-21) codified under Title 23 U.S.0 Section 101 et seq., authorize transportation programs to meet the challenges of protecting and enhancing communities and the natural environment and advancing the nation's economic growth and competitiveness; and WHEREAS, ISTEA and TEA-21 establish federally funded programs for transportation improvements to implement its public purposes; and WHEREAS, the Texas Transportation Code, Sections 201.103 and 222.052 establish that the State shall design,. construct and operate a system of highways in cooperation with local governments; and • WHEREAS, federal and state laws require local governments to meet certain contract standards relating to the management and administration of State and federal funds; and WHEREAS, on July 25, 2002 the Texas Transportation Commission passed Minute Order 108974, authorizing the State to undertake and complete a highway improvement generally described as traffic video integration through Internet video streaming and, WHEREAS, the Governing Body of Seabrook has approved entering into this Agreement by resolution or ordinance dated which is attached hereto and made a part hereof as Attachment "A', and the governing body of League City has approved entering into this Agreement by resolution or ordinance dated , which is attached hereto and made a part hereof as Attachment B, and the governing body of Webster has approved entering into this Agreement by resolution or ordinance dated AFALongGen Page 1 of 11 County Name. Harris CSJ: 0912-71-825 Project No: ITS 2001(960) , which is attached hereto and made a part hereof as Attachment C, and the governing body of Pearland has approved entering into this Agreement by resolution or ordinance dated , which is attached hereto and made a part hereof as Attachment D, and the governing body of Harris County has approved entering into this Agreement by resolution or ordinance dated , which is attached hereto and made a part hereof as Attachment E, and the governing body of METRO has approved entering into this Agreement by resolution or ordinance dated , which is attached hereto and made a part hereof as Attachment F for the installation of Internet video streaming equipment at the location shown on the Map in Attachment `G" hereinafter referred to as the Project. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: AGREEMENT 1. Period of the Agreement This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. This Agreement shall remain in effect until the Project is completed or unless terminated as provided below. 2. Scope of Work The project involves the installation of equipment, at the location shown in Attachment "G", necessary to provide the Local Governments access to the State's closed circuit television camera video from Houston Transtar by means of Internet video streaming for the purpose of traffic and emergency management. 3. Local Project Sources and Uses of Funds a. The total estimated cost of the Project is shown in the Project Budget - Attachment "H" which is attached hereto and made a part hereof. The expected cash contributions from the federal or State government, the Local Governments, or other parties is shown in Attachment "H". The State will pay for only those project costs that have been approved by the Texas Transportation Commission. b. This project cost estimate shows how necessary resources for completing the project will be provided by major cost categories. These categories may include but are not limited to: (1) costs of real property, (2) costs of utility work; (3) costs of environmental assessment and remediatlon; (4) cost of preliminary engineering and design; (5) cost of construction and construction management, and (6) any other local project costs. c. The State will be responsible for securing the Federal and State share of the funding required for the development and construction of the local project. If the Local Governments are due funds for expenses incurred, these funds will be reimbursed to the Local Governments on a cost basis. d. The Local .Governments will be responsible for all non-federal or non -State participation costs associated with the Project, including any overruns in excess of the approved local project budget unless approved otherwise in an amendment to this Agreement. e. Prior to the performance of any engineering review work by the State, the Local Governments will remit a check or warrant made payable to the "Texas Department of Transportation" in the amount specified in Attachment H. The Local Governments will AFALongGen Page 2 of 11 County Name: Harris CSJ: 0912-71-825 Project No: ITS 2001(960) pay at a minimum its funding share for the estimated cost of preliminary engineering for the project. f. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Governments shall remit its remaining financial share for the State's estimated construction oversight and construction costs. g. In the event the State determines that additional funding is required by the Local Governments at any time during the Project, the State will notify the Local Governments in writing. The Local Governments will make payment to the State within thirty (30) days from receipt of the State s written notification. h. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due to the Local Governments, the State, or the Federal government will be promptly paid by the owing party. i. The State will not pay interest on any funds provided by the Local Governments. j. If a waiver has been granted, the State will not charge the Local Governments for the indirect costs the State incurs on the local project, unless this Agreement is terminated at the request of the Local Governments prior to completion of the project. k. If the project has been approved for a 'fixed price" or an "incremental payment" non- standard funding or payment arrangement under 43 TAC §15.52, the budget in Attachment "H will clearly state the amount of the fixed price or the incremental payment schedule. I. The Texas Comptroller of Public Accounts has determined that certain counties qualify as Economically Disadvantaged Counties in comparison to other counties in the state as below average per capita property value, and below average per capita income, and above average unemployment, for certain years. This Agreement reflects adjustments to the standard financing arrangement based on this designation. The State will not execute the contract for the construction of the project until the required funding has been made available by the Local Governments in accordance with this Agreement. 4. Termination of this Agreement This Agreement shall remain in effect until the project is completed and accepted by all parties, unless: a. the Agreement is terminated in writing with the mutual consent of the parties, or; b. because of a breach of this Agreement. Any cost incurred due to a breach of contract shall be paid by the breaching party. c. After the PS&E the Local Governments may elect not to provide the funding and the Project does not proceed because of insufficient funds; the Local Governments agree to reimburse the State for its reasonable actual costs incurred during the project. 5. Amendments Amendments to this Agreement due to changes in the character of the work or terms of the Agreement, or responsibilities of the parties relating to the Project may be enacted through a mutually agreed upon, written amendment. 6. Remedies This Agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this Agreement and shall be cumulative. AFALongGen Page 3 of 11 County Name: Harris CSJ: 0912-71-825 Project No: ITS 2001(960) 7. Utilities If the required right of way encroaches upon existing utilities and the proposed project requires their adjustment, removal or relocation, the Local Governments will be responsible for determining the scope of utility work and notify the appropriate utility company to schedule adjustments. The Local Governments shall be responsible for the adjustment, removal or relocation of utility facilities in accordance with applicable State laws regulations, rules, policies and procedures. This includes, but is not limited to: 43 TAC §15.55 relating to Construction Cost Participation; 43 TAC §21.21 relating to State Participation in Relocation, Adjustment and/or Removal of Utilities; and, 43 TAC§ 21 31 et seq. relating to Utility Accommodation The Local Governments will be responsible for all costs associated with additional adjustment, removal, or relocation during the construction of the project, unless this work is provided by the owners of the utility facilities: a. per agreement; b. per applicable statutes or rules, or; c. as specified otherwise in this Agreement. Prior to letting a construction contract for the Project, a utility certification must be made available to the State upon request stating that all. utilities needing to be adjusted for completion of the construction activity have been adjusted. 8 Environmental Assessment and Mitigation (NOT APPLICABLE) Development of a transportation project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966, which require environmental clearance of federal -aid projects. a. The Local Governments are responsible for the identification and assessment of any environmental problems associated with the development of a local project governed by this Agreement. b. The Local Governments are responsible for the cost of any environmental problem's mitigation and remediation. c. The Local Governments are responsible for providing any public meetings or public hearings required for development of the environmental assessment. d. The Local Governments shall provide the State with written certification from appropriate regulatory agency(ies) that identified environmental problems have been remediated. 9. Compliance with Texas Accessibility Standards and ADA All parties to this Agreement shall ensure that the plans for and the construction of all projects subject to this Agreement are in compliance with the Texas Accessibility Standards (TAS) issued by the Texas Department of Licensing and Regulation, under the Architectural Barriers Act, Article 9102, Texas Civil Statutes. The TAS establishes minimum accessibility requirements to be consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101-336) (ADA). 10. Architectural and Engineering Services The State has responsibility for the performance of architectural and engineering services. AFALongGen Page 4 of 11 County Name. Harris CSJ: 0912-71-825 Project No: ITS 2001(960) The engineering plans shall be developed in accordance with the applicable State's Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges, and the special specifications and special provisions related thereto. In procuring professional services, the parties to this Agreement must comply with federal requirements cited in 23 CFR Part 172 if the project is federally funded and with Texas Government Code 2254, Subchapter A, in all cases. Professional services contracts for federally funded projects must conform to federal requirements, specifically including the provision for participation by disadvantaged business enterprises (DBEs), ADA, and environmental matters. 11. Construction Responsibilities a. The State shall advertise for construction bids, issue bid proposals receives and tabulate the bids and award and administer the contract for construction of the Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders, which may become necessary subsequent to the award of the construction contract. In order to ensure federal funding eligibility, projects must be authorized by the State prior to advertising for construction. b. The State will use its approved contract letting and award procedures to let and award the construction contract. c. Prior to their execution, the Local Governments will be given the opportunity to review contract change orders that will result in an increase in cost to the Local Governments. d. Upon completion of the Project, the party constructing the project will issue and sign a 'Notification of Completion" acknowledging the Project's construction completion. e. For federally funded contracts, the parties to this Agreement will comply with federal construction requirements cited in 23 CFR Part 635 and with requirements cited in 23 CFR Part 633, and shall include the latest version of Form 'FHWA-1273" in the contract bidding documents. If force account work will be performed, a finding of cost effectiveness shall be made in compliance with 23 CFR 635, Part B. 12. Project Maintenance The Local Governments shall be responsible for maintenance of locally owned roads after completion of the work and the State shall be responsible for maintenance of state highway system after completion of the work if the work was on the state highway system, unless otherwise provided for in existing maintenance agreements with the Local Government. 13. Right of Way and Real Property The State is responsible for the provision and acquisition of any needed right of way or real property. AFALongGen Page 5 of 11 County Name: Harris CSJ: 0912-71-825 Project No: ITS 2001(960) 14. Notices All notices to either party by the other required under this Agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following addresses: Seabrook: Bo McDaniel City Manager 1700 First Street Seabrook, Tx 77586 Pearland: Bill Eisen City Manager 3519 Liberty Drive Pearland, Tx 77581 Webster: Frank Simpson City Manager 101 Pennsylvania Avenue Webster, Tx 77598 Harris County: Rose Hernandez 1001 Preston, #911 Houston, Tx 77002 METRO: Russell Pfiefle 6922 Old Katy Road Houston, Tx 77024 League City: Chuck Harrington City Administrator 300 Walker League City, Tx 77573 State: David Fink, P.E Transportation Management Systems Manager 6922 Old Katy Road Houston, Tx 77063 • All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein Either party may change the above address by sending written notice of the change to the other party Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party. AFALongGen Page 6 of 11 County Name: Harris CSJ: 0912-71-825 Project No: ITS 2001(960) 15. Legal Construction In case one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions and this Agreement shall be construed as if it did not contain the invalid, illegal or unenforceable provision. 16. Responsibilities of the Parties The State and the Local Governments agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 17. Ownership of Documents Upon completion or termination of this Agreement, all documents prepared by the State shall remain the property of the State. All data prepared under this Agreement shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by the Local Governments shall be transmitted to the State in the form of photocopy reproduction on a monthly basis as required by the State. The originals shall remain the property of the Local Governments. 18. Compliance with Laws The parties shall comply with all Federal, State, and Local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this Agreement. When required, the Local Governmenst shall furnish the State with satisfactory proof of this compliance. 19. Sole Agreement This Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the Agreement's subject matter. 20. Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in OMB Circular A-87 that specify that all reimbursed costs are allowable, reasonable and allocable to the Project 21. Procurement and Property Management Standards The parties shall adhere to the procurement standards established in Title 49 CFR §18.36 and with the property management standard established in Title 49 CFR §18.32. 22. Inspection of Books and Records The parties to this Agreement shall maintain all books, documents, papers, accounting records and other documentation relating to costs incurred under this Agreement and shall make such materials available to the State, the Local Governments, and, if federally funded, the Federal Highway Administration (FHWA), and the U.S. Office of the Inspector General, or their duly authorized representatives for review and inspection at its office during the contract period and for four (4) years from the date of completion of work defined under this contract or until any impending litigation or claims are resolved. Additionally, the State, the Local Governments, and the FHWA and their duly authorized AFALongGen Page 7 of 11 County Name: Harris CSJ: 0912-71-825 Project No: ITS 2001(960) representatives shall have access to all the governmental records that are directly applicable to this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions. 23. Office of Management and Budget (OMB) Audit Requirements The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98- 502, ensuring that the single audit report includes the coverage stipulated in OMB Circular A-133. 24. Civil Rights Compliance The Local Governments shall comply with the regulations of the Department of Transportation as they relate to nondiscrimination (49 CFR Chapter 21 and 23 CFR §710 405(B)), and Executive Order 11246 titled `Equal Employment Opportunity," as amended by Executive Order 11375 and supplemented in the Department of Labor Regulations (41 CFR Part 60). 25. Disadvantaged Business Enterprise Program Requirements The parties shall comply with the Disadvantaged/Minority Business Enterprise Program requirements established in 49 CFR Part 26. 26. Debarment Certifications The parties are prohibited from making any award at any tier to any party that is debarred o r suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." The parties to this contract shall require any party to a subcontract or purchase order awarded u nder this contract to certify its eligibility to receive Federal funds and, when requested by the State, to furnish a copy of the certification in accordance with Title 49 CFR Part 29 (Debarment and Suspension). • 27. Lobbying Certification In executing this Agreement, the signatories certify to the best of his or her knowledge and belief, that: a. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or 8ttempting to influence an officer or employee of any federal agency a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal • contract the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress, or an employee of a Member of Congress in connection with federal contracts, grants, loans, or cooperative agreements, the signatory for the Local Government shall complete and submit the federal Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. c. The parties shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and AFALongGen Page 8 of 11 County Name: Harris CSJ: 0912-71-825 Project No: ITS 2001(960) contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. By executing this Agreement the parties affirm this lobbying certification with respect to the individual projects and affirm this certification of the material representation of facts upon which reliance will be made. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 28. Audit The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. 29. Signatory Warranty The signatories to this Agreement warrant that each has the authority to enter into this Agreement on behalf of the party represented. IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE CITY OF LEAGUE CITY Name Panted Name and Title Date THE CITY OF PEARLAND Name Printed Name and Title Date AFALongGen Page 9 of 11 County Name: Harris CSJ: 0912-71-825 Project No: ITS 2001(960) THE METROPOLITAN TRANSIT AUTHORITY OF HARRIS COUNTY N ame P rinted Name and Title Date THE CITY OF WEBSTER N ame P rinted Name and Title Date THE CITY OF SEABROOK N ame P rinted Name and Title Date HARRIS COUNTY N ame • P rinted Name and Title Date AFALongGen Page 10 of 11 County Name. Harris CSJ: 0912-71-825 Project No: ITS 2001(960) THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. Jennifer D. Soldano, Director Contract Services Office Date AFALongGen Page 11 of 11 County Name: Harris CSJ: 0912-71-825 Project No: ITS 2001(960) ATTACHMENT A Seabrook Resolution or Ordinance Page 1 of 1 Attachment A County Name: Harris CSJ: 0912-71-825 Project No: ITS 2001(960) ATTACHMENT B League City Resolution or Ordinance • Page 1 of 1 Attachment B County Name: Harris CSJ: 0912-71-825 Project No: ITS 2001(960) ATTACHMENT C Webster Resolution or Ordinance Page 1 of 1 Attachment C County Name: Harris CSJ: 0912-71-825 Project No: ITS 2001(960) ATTACHMENT D Pearland Resolution or Ordinance Page 1 of 1 Attachment D County Name: Harris CSJ: 0912-71-825 Project No: ITS 2001(960) ATTACHMENT E Harris County Resolution or Ordinance Page 1 of 1 Attachment E County Name. Harris CSJ: 0912-71-825 Project No: ITS 2001(960) ATTACHMENT F METRO Resolution or Ordinance Page 1 of 1 Attachment F County Name: Harris CSJ: 0912-71-825 Project No: ITS 2001(960) ATTACHMENT G Location Map Page 1 of 1 Attachment G County Name: Harris CSJ: 0912-71-825 Project No: ITS 2001(960) ATTACHMENT H Project Budget The Local Governments will participate in the cost of the procurement and installation of equipment at Transtar that will provide the Local Governments access to Transtar s closed circuit television video by means of Internet video streaming. The State has estimated the project to be as follows: ITEMIZED BUDGET Quantity Unit Price Cost 1 Work Activities $76,000 Preliminary Design 1 $76,000 $675,941 1 $675,941 Hardware Costs $351,000 Integration 1 $351,000 $76,000 $76,000 Training 1 $101,000 Evaluation 1 $101,000 $1,279,941 Total Costs: SOURCE OF FUNDS REQUESTED Total Itemized Budget Engineering and Contingencies Total Value of Project Local Governments Participation: Seabrook Match Pearland Match Webster Match League City Match METRO Match Harris County Match State Match Local Match Total • • 1. $ 1,279,941.00 2. $ 53,331.00 3. $ 1,333,272.00 Federal Funds Requested 12. $ 0.00 25,000.00 25,000.00 25,000.00 31,000.00 250,000.00 25,000.00 381,000.00 952,337.00 Engineering and contingencies charges will be based on actual charges. It is understood that the proposed improvements will be done by the State and the Local Governments will transmit to the State with the return of this Agreement, executed by the City, a warrant or check in the amount shown above made payable to the "Texas Department of Transportation" to be used solely for the cost of improvements as requested by the Local Governments. It is further understood that the State will include only those items for the Improvements as requested and required by the City. This is a construction estimate only, final participation amounts will be based on actual charges to the project. Page 1 of 1 Attachment H County Name. Harris CSJ: 0912-71-825 Project No: ITS 2001(960) ATTACHMENT H Project Budget The Local Governments will participate in the cost of the procurement and installation of equipment at Transtar that will provide the Local Governments access to Transtar s closed circuit television video by means of Internet video streaming. The State has estimated the project to be as follows: ITEMIZED BUDGET Quantity Unit Price Cost Work Activities 1 $76,000 $76,000 Preliminary Design 1 $675,941 $675,941 Hardware Costs Integration 1 $351,000 $351,000 Training 1 $76,000 $76,000 Evaluation 1 $101,000 $101,000 Total Costs: $1,279,941 SOURCE OF FUNDS REQUESTED Total Itemized Budget Engineering and Contingencies Total Value of Project Local Governments Participation: Seabrook Match Pearland Match Webster Match League City Match METRO Match Harris County Match State Match Local Match Total 1. $ 1,279,941.00 2. $ 53,331.00 3. $ 1,333,272.00 Federal Funds Requested 12. $ 0.00 25,000.00 25,000.00 25,000.00 31,000.00 250,000.00 25,000.00 381,000.00 952,337.00 Engineering and contingencies charges will be based on actual charges. It is understood that the proposed improvements will be done by the State and the Local Governments will transmit to the State with the return of this Agreement, executed by the City, a warrant or check in the amount shown above made payable to the "Texas Department of Transportation" to be used solely for the cost of improvements as requested by the Local Governments. It is further understood that the State will include only those Items for the Improvements as requested and required by the City. This is a construction estimate only, final participation amounts will be based on actual charges to the project. Page 1 of 1 Attachment H Texas Department of Transportation P.O. BOX 1386 • HOUSTON, TEXAS 77251-1386 • (713) 802-5000 August 17, 2004 CONTACT: TMS Advanced Funding Agreement Regional Video Distribution from Houston TranStar CSJ 0912-71-825 Project FY 01 ITS 2001(960) Mr. Bill Eisen, City Manager City of Pearland 3519 Liberty Drive Pearland, Texas 77581 Dear Mr. Eisen: Attached for your records is a fully executed original of the subject Agreement. In accordance with this Agreement, the City of Pearland (City) has committed advance funds for the above project in the amount of $25,000.00. The Texas Department of Transportation requests that the City issue a warrant for this amount by September 3, 2004, and forward this obligation to the following address: Texas Department of Transportation Attn: Mr. David E. Williams P. O. Box 1386 Houston, Texas 77251-1386 Once funds have been received from all parties, work on the project can begin. If you have any questions concerning this matter, please contact Mr. David E. Fink P.E., at (713) 881-3063. Attachment cc: Mr. David E. Fink, P.E. fit-"uary K. Trietsch, P.E. District Engineer Houston District An Equal Opportunity Employer