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HomeMy WebLinkAboutContract 54215 DocuSign Envelope ID:950567D3-E601-4ADD-84A2-D37165C6D277 CSC No.54215 STATE OF TEXAS § Trinity Metro ILA 087 COUNTY OF TARRANT § INTERLOCAL AGREEMENT BETWEEN CITY OF FORT WORTH AND FORT WORTH TRANSPORTATION AUTHORITY("TRINITY METRO") FOR INCREASED TRANSPORTATION SUPPORT This Interlocal Agreement ("Agreement") is made between the City of Fort Worth ("City"), a home-rule municipal corporation of the State of Texas, and the Fort Worth Transportation Authority ("Trinity Metro'), a regional transportation authority under Chapter 452, Texas Transportation Code. The City and Trinity Metro are collectively referred to as the "Parties" and individually as a"Party"; and WHEREAS, the United States of America, the State of Texas, Tarrant County, and the City of Fort Worth have all declared a state of emergency due to the recent coronavirus pandemic ("COVID-19"); and WHEREAS, the Center for Disease Control has issued guidance to help prevent the spread of COVID-19, including social distancing of at least six feet; and WHEREAS, due to social distancing requirements, emergency shelters do not have the capacity to house people who are experiencing homelessness; and WHEREAS, City is committed to protecting the health, wellbeing, and life safety of City residents who are homeless during times of emergency, such as the COVID-19 pandemic, when community-based emergency shelters have reached full capacity; and WHEREAS, City has opened an emergency overflow shelter at 300 East Vickery Blvd. ("Shelter") to increase the number of shelter beds available to homeless individuals during this emergency; and WHEREAS, Due to the COVID-19 outbreak, isolation and quarantine sheltering services are needed to ensure that homeless individuals who are diagnosed with COVID-19 or who are suspected of having COVID-19 are separated from the general population at homeless shelters; and WHEREAS, the Interlocal Cooperation Act contained in Chapter 791 of the Texas Government Code (the "Act") provides legal authority for the Parties to enter into this Agreement; and WHEREAS, this Agreement is to provide a government function or service that each Party is authorized to perform individually, and it serves the common interest of the both Parties; and Interlocal Agreement Between City of Fort Worth and the Fort Worth Transportation Authority(" OFFICIAL RECORD fund aportion of operational costs for the additional fixed-route service CITY SECRETARY FT. WORTH, TX DocuSign Envelope ID:950567D3-E601-4ADD-84A2-D37165C6D277 WHEREAS,Trinity Metro provides public transportation services within the City of Fort Worth and Tarrant County, including fixed-route bus, commuter rail, mobility-impaired, and call-ahead, scheduled services; and WHEREAS, the City and Trinity Metro desire to enter into this Agreement to outline the City's participation for funding a portion of Trinity Metro's operational costs to provide additional fixed-route bus service during the COVID-19 pandemic along designated routes mutually agreed by all parties; and WHEREAS, the governing bodies of the City and Trinity Metro, in paying for the performance of governmental functions or in performing such governmental functions, shall make payments from current revenues legally available to each Party; NOW THEREFORE, IN CONSIDERATION of the mutual promises, agreements and attachments contained herein, the Parties do hereby agrees as follows: ARTICLE 1. PURPOSE The purpose of this Agreement is to outline the City's funding participation for additional operating costs and Trinity Metro's obligations in operating increased fixed route service providing supplemental support along mutually agreed-upon routes, as a result of passengers traveling to and from the Shelter due to the COVID-19 pandemic. The City and Trinity Metro both agree that additional fixed-route buses along designated routes is an important service to maintain social distancing while increasing transit ridership and improving access to the available transit system. ARTICLE 2. TERM AND TERMINATION This Agreement shall commence on June 19, 2020 and shall expire December 31, 2020. Either Party to this Agreement may terminate this Agreement at any time and for any reason by providing the other Party thirty (30) days written notice to the other Party or pursuant to Article 20 of this Agreement. If termination is sought by Trinity Metro for any reason or no reason at all, or if termination is sought by City because of Trinity Metro's failure to abide by it obligations outlined in Article 3 of this Agreement, Trinity Metro shall repay the City for all used funds paid by the City to Trinity Metro under this Agreement up to the termination date. ARTICLE 3. TRINITY METRO'S RESPONSIBILITY Trinity Metro agrees to provide supplemental existing route support to passengers traveling from East Lancaster Avenue to the Shelter on during the pandemic period outlined above. Trinity Metro will provide vehicles on an as-needed basis based on ridership needs provided by the City of Fort Worth. The overflow buses will be provided in the AM and PM along designated routes at specified times and dates as mutually agreed upon by the parties. Interlocal Agreement Between City of Fort Worth and the Fort Worth Transportation Authority("Trinity Metro")to fund a portion of operational costs for the additional fixed-route service DocuSign Envelope ID:950567D3-E601-4ADD-84A2-D37165C6D277 Trinity Metro agrees to provide the City with aggregated trip data relevant to the rides provided on a daily basis by the 15th of every month. This data should include the number of trips provided to each passenger. By January 31, 2021, Trinity Metro agrees to provide the City a final invoice for the total farebox value of the rides referenced above. ARTICLE 4. CITY'S RESPONSIBILITY Subject to appropriation, the City will reimburse Trinity Metro the total farebox value of the rides referenced in Article 3 within 30 days from receipt of invoice. The City agrees to coordinate the indicated services with Trinity Metro with no less than five (5) service days advance notice to ensure execution of additional services. ARTICLE 5. IMMUNITY It is expressly understood and agreed that in the execution of this Agreement, no Party waives nor shall be deemed hereby to waive any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. ARTICLE 6. ASSIGNMENT Trinity Metro shall not have the right to assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of City, which such right shall be granted solely at the discretion of City. ARTICLE 7. GOVERING LAW AND VENUE This Agreement shall be construed in accordance with the laws of the State of Texas. Venue for any action brought on the basis of this Agreement shall lie exclusively in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. In any such action, each Party shall pay its own attorneys' fees, court costs and other expenses incurred as a result of the action. ARTICLE 8. REMEDIES No right or remedy granted herein or reserved to the Parties is exclusive of any other right or remedy herein by law or equity provided or permitted; but each shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this Agreement may be waived without written consent of the Parties. Forbearance or indulgence by either Party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement. Interlocal Agreement Between City of Fort Worth and the Fort Worth Transportation Authority("Trinity Metro")to fund a portion of operational costs for the additional fixed-route service DocuSign Envelope ID:950567D3-E601-4ADD-84A2-D37165C6D277 ARTICLE 9. SEVERABILITY If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. ARTICLE 10. APPLICABLE LAW This Agreement is entered into subject to the Interlocal Cooperation Act, the governing charters and ordinances of the City and Trinity Metro, as they may be amended from time to time, and is subject to and is to be construed, governed and enforced under all applicable Texas and Federal law. Trinity Metro agrees that it will abide by all laws applicable to operating this additional service during the Term of this Agreement. ARTICLE 11. ENTIRE AGREEMENT This written instrument contains the entire understanding and agreement between the City and Trinity Metro as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with this Agreement. This Agreement may not be amended unless set forth in writing and signed by both Parties. ARTICLE 12. SIGNATURE AUTHORITY The person signing this Agreement hereby warrants that he/she has the legal authority to execute this Agreement on behalf of the respective Party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The other Party is fully entitled to rely on this warranty and representation in entering into this Agreement. ARTICLE 13. INDEPENDENT CONTRACTOR It is expressly understood and agreed that Trinity Metro shall operate as an independent contractor as to all rights and privileges granted herein, and not as agent, representative or employee of the City. Subject to and in accordance with the conditions and provisions of this Agreement, Trinity Metro shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors and subcontractors. Trinity Metro acknowledges that the doctrine of respondeat superior shall not apply as between the City, its officers, agents, servants and employees, and Trinity Metro, its officers, agents, employees, servants, contractors and subcontractors. Trinity Metro further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between the City and Trinity Metro. Interlocal Agreement Between City of Fort Worth and the Fort Worth Transportation Authority("Trinity Metro")to fund a portion of operational costs for the additional fixed-route service DocuSign Envelope ID:950567D3-E601-4ADD-84A2-D37165C6D277 ARTICLE 14. NO WAIVER The failure of either Party to insist upon the performance of any provision or condition of this Agreement or to exercise any right granted herein shall not constitute a waiver of that Party's right to insist upon appropriate performance or to assert any such right on any future occasion. ARTICLE 15. NON-APPROPRIATION OF FUNDS The City and Trinity Metro will use best efforts to appropriate sufficient funds to support obligations under this Agreement. However, in the event that sufficient funds are not appropriated by either Party's governing body, and as a result, that Party is unable to fulfill its obligations under this Agreement, that Party (i) shall promptly notify the other Party in writing and (ii) may terminate this Agreement, effective as of the last day for which sufficient funds have been appropriated. ARTICLE 16. RIGHT TO AUDIT Trinity Metro agrees that the City shall, until the expiration of three (3) years after termination of this Agreement, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers, records, and communications of Trinity Metro involving transactions relating to this Agreement at no additional cost to City. Trinity Metro agrees that City shall have access during normal working hours to all necessary Trinity Metro facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Article. City shall give Trinity Metro reasonable advance notice of intended audits. ARTICLE 17. LIABILITY Nothing in the performance of this Agreement shall impose any liability for claims against City or Trinity Metro other than claims for which liability may be imposed by the Texas Tort Claims Act. ARTICLE 18. AMENDMENTS No amendment to this Agreement shall be binding upon either Party hereto unless such amendment is set forth in writing, and signed by both Parties. ARTICLE 19. FORCE MAJEURE The Parties shall exercise their best efforts to meet their respective duties and obligations hereunder,but shall not be held liable for any delay in or omission of performance due to force majeure or other causes beyond their reasonable control, including,but not limited to, Interlocal Agreement Between City of Fort Worth and the Fort Worth Transportation Authority("Trinity Metro")to fund a portion of operational costs for the additional fixed-route service DocuSign Envelope ID:950567D3-E601-4ADD-84A2-D37165C6D277 compliance with any state or federal law or regulation, acts of God, acts of omission, fires, strikes, lockouts, national disasters, epidemic or a pandemic, wars, riots, material or labor restrictions, transportation problems or existing contractual obligations directly related to the subject matter of this Agreement. ARTICLE 20. NOTICE Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other Party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other Party by United States Mail, registered, return receipt requested, addressed as follows: City of Fort Worth Trinity Metro Attn: Valerie Washington, Assistant City Manager Attn: Bob Baulsir 200 Texas Street 801 Cherry Street, Ste. 850 Fort Worth TX 76102-6311 Fort Worth,TX 76102 Facsimile: (817) 392-8654 Facsimile: (817) 215-7533 With Copy to the City Attorney At same address CITY OF FORT WORTH, TEXAS: FORT WORTH TRANSPORTATION AUTHORITY(TRINITY METRO): Docu Signed by: By: �Ier^��shington(Jul 29,202007:42CDT) By: �zzcasEaesano Valerie Washington Bob Baulsir Assistant City Manager President/CEO Date: Jul 29, 2020 Date: jul-20-2020 APPROVAL RECOMMENDED: APPROVAL RECOMMENDED: D—Sig-d by: By: incox(Jul21,202008:2 CDT) By: Justin Cox, Grants Manager Reena Ryall Fire-OEM Executive Assistant Interlocal Agreement Between City of Fort Worth and the Fort Worth Transportation Authority(" OFFICIAL RECORD fund aportion of operational costs for the additional fixed-route service CITY SECRETARY FT. WORTH, TX DocuSign Envelope ID:950567D3-E601-4ADD-84A2-D37165C6D277 APPROVED AS TO FORM AND LEGALITY: --uK.- I'lll By: DBlack(Jul!1,2021 M48 CDT) Douglas W. Black Senior Assistant City Attorney ATTEST: a 7�.F..... Agr By: or Ronald P.Gonzales fJul .2020 09:02 CDT) Q�o° o=� J Mary J. Kayser ��� *o o* 1� oo 00o a City Secretary a�a�exaS�pd CONTRACT COMPLIANCE MANAGER: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. '^ I/ By: M Chad Edwards Regional Mobility and Innovation Officer OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Interlocal Agreement Between City of Fort Worth and the Fort Worth Transportation Authority("Trinity Metro")to fund a portion of operational costs for the additional fixed-route service DocuSign Envelope ID:950567D3-E601-4ADD-84A2-D37165C6D277 EXHIBIT A FEMA MANDATED CONTRACT CLAUSES For purposes of the following clauses, the City of Fort Worth is referred to as "City" and "Contractor" shall refer to the other party to this Agreement. If applicable to the work or services being performed by Contractor under the Agreement, the following provisions are adopted and form a part of the Agreement. A. DAMAGES, 2 CFR§200.326 Appendix II to Part 200 (A) (1) All work to be performed under this Agreement shall be timely commenced. A breach of this Agreement by Contractor would cause substantial delay in the completion of the required services affecting the safety and welfare of the public. (2) In the event of Contractor's breach of its performance obligations, City shall have all rights and remedies against Contractor as provided by law. B. TERMINATION RIGHTS, 2 CFR§200.326 Appendix II to Part 200 (B) In addition to any termination rights included in the Agreement, City shall have the following termination rights: Termination for Convenience: Whenever the interests of the City so require, City may terminate the parties' Agreement, in whole or in part, for the convenience of the City. City shall give Contractor thirty (30) days prior written notice of termination specifying the portions of the Agreement to be terminated and when such termination will become effective. If only portions of the parties' agreement are terminated, Contractor has the right to withdraw from the parties' Agreement, without adverse action or claims. In the event of a termination for convenience by City, Contractor shall be entitled to payment for all work and services performed by it up to the effective date of such termination. Termination for Cause: The City may, by written notice of default to Contractor, terminate the parties' Agreement, in whole or in part, if the Contractor fails to satisfactorily perform any provisions of the parties' agreement after a period of ten (10) following Contractor's receipt of a Notice of Deficiency provided by City. C. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE (2 CFR§200.326 Appendix II to Part 200 (C)) If applicable to the work and services performed by Contractor under the Agreement, during the performance of the Agreement, Contractor shall comply with the Equal Employment Opportunity Clause (41 CFR 60-1.4(b)): (1) Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall Interlocal Agreement Between City of Fort Worth and the Fort Worth Transportation Authority("Trinity Metro")to fund a portion of operational costs for the additional fixed-route service DocuSign Envelope ID:950567D3-E601-4ADD-84A2-D37165C6D277 include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other agreement or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor for purpose of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further City contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of subparagraphs I through 7 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or contractor. contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: provided, however, that in the event contractor becomes involved in, or is threatened with, litigation with a subcontractor or contractor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interest of the United States. Interlocal Agreement Between City of Fort Worth and the Fort Worth Transportation Authority("Trinity Metro")to fund a portion of operational costs for the additional fixed-route service DocuSign Envelope ID:950567D3-E601-4ADD-84A2-D37165C6D277 D. DAVIS-BACON ACT AND COPELAND "ANTI-KICKBACK" ACT (2 CFR §200.326 Appendix II to Part 200 (D)) If applicable to the work and services performed by Contractor under the parties' Agreement: (1) Bacon-Davis Act: Applicable to construction or repair of public buildings or public works. See FEMA Public Assistance Program and Policy Guide, Ch.2 (V)(G)(2), page 32 and Ch. (FP 104-009-2/January 2016); (2) Copeland "Anti-Kickback" Act: In contracts subject to the Davis-Bacon Act, Contractor shall comply with the Copeland "Anti-Kickback" Act (40 U.S.C. §3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that the contractor and subcontractor must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The City must report all suspected or reported violations to the appropriate Federal agency. (a) Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this Agreement. (b) Contractor or subcontractor shall insert in any subcontract the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Contractor shall be responsible for the c compliance by any subcontractor or lower tier subcontract with all of these contract clauses. (c) A breach of the Agreement clause above may be grounds for termination of the Agreement, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. §5.12. E. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (2 CFR§200.326 Appendix II to Part 200 (E)) (40 U.S.C. 3701-3708) Contracts in excess of $100,000 that involve the employment of mechanics or laborers shall comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each Contractor and its subcontractors shall compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic Interlocal Agreement Between City of Fort Worth and the Fort Worth Transportation Authority("Trinity Metro")to fund a portion of operational costs for the additional fixed-route service DocuSign Envelope ID:950567D3-E601-4ADD-84A2-D37165C6D277 receives compensation at a rate not less than one and one-halftimes the basic rate of pay for all hours worked in excess of forty hours in such workweek. (1) Violation: liability for unpaid wages: liquidated damages. In the event of any violation of the clause set forth in this section the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in this section. (2) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (3) The Contractor and subcontractor shall insert in any subcontract the clauses set forth in paragraphs (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. F. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT, 2 CFR§200.326 Appendix II to Part 200 (F) If applicable to the work and services performed by Contractor under the parties' Agreement and if the Federal award meets the definition of"funding agreement" under 37 CFR §401.2 (a) and the City wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that"funding agreement,"the City must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business." G. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (2 CFR§200.326 Appendix II to Part 200 (G)) Contractor shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA). Contractor shall include the foregoing requirements in each subcontract exceeding$100,000. Interlocal Agreement Between City of Fort Worth and the Fort Worth Transportation Authority("Trinity Metro")to fund a portion of operational costs for the additional fixed-route service DocuSign Envelope ID:950567D3-E601-4ADD-84A2-D37165C6D277 H. DEBARMENT AND SUSPENSION (2 CFR§200.326 Appendix II to Part 200 (I)) (1) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the Contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded(defined at 2 C.F.R. § 180.940) or disqualified(defined at 2 C.F.R. § 180.935). (2) The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by City. If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The Contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C throughout the period of performance. The Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions. I. BYRD ANTI-LOBBYING AMENDMENT (2 CFR §200.326 Appendix II to Part 200 (.I)) Contractor must file with the City the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier-to-tier up to the non-Federal award. If not provided with a bid response, Contractor must complete and submit the Certification Regarding Lobbying Form. J. PROCUREMENT OF RECOVERED MATERIALS (2 CFR §200.326 Appendix II to Part 200 (K) and 2 CFR§200.322) (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired. (a) Competitively within a timeframe providing for compliance with the contract performance schedule; (b) Meeting contract performance requirements; or (c) At a reasonable price. Interlocal Agreement Between City of Fort Worth and the Fort Worth Transportation Authority("Trinity Metro")to fund a portion of operational costs for the additional fixed-route service DocuSign Envelope ID:950567D3-E601-4ADD-84A2-D37165C6D277 (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, http://www.epa.gov/cpg/. The list of EPA-designate items is available at http://www.epa.gov/cpg/products/htm. K. ACCESS TO RECORDS (1) Contractor agrees to provide City, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this Agreement for the purposes of making audits, examinations, excerpts, and transcriptions. (2) Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) Contractor agrees to provide the FEMA Administrator or his authorized representative's access to construction or other work sites pertaining to the work being completed under the contract. L. SEAL, LOGO AND FLAGS Contractor shall not use the U.S. Department of Homeland Security's seal(s), logos, crests, or reproductions of flags or likenesses of the U.S. Department of Homeland Security's agency officials without specific FEMA preapproval. M. NO OBLIGATION BY FEDERAL GOVERNMENT AND COMPLIANCE WITH LAWS The Federal Government is not a party to this Agreement and is not subject to any obligations or liabilities to City, Contractor, or any other party pertaining to any matter resulting from the contract. City may seek reimbursement for expenses under this Agreement from FEMA and Contractor acknowledges that it must comply with all federal laws, regulations, executive orders, FEMA policies,procedures, and directives. N. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract. Interlocal Agreement Between City of Fort Worth and the Fort Worth Transportation Authority("Trinity Metro")to fund a portion of operational costs for the additional fixed-route service