Res 1632 01/10/2023 Agreement TXDot RofW FM 1103o.
C) r` O
"3 1 '*
TE.X AS
"City of Choice"
RESOLUTION NO. 1632
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CIBOLO,
TEXAS AUTHORIZING EXECUTION. OF AN AGREEMENT WITH THE
TEXAS DEPARTMENT OF TRANSPORTATION TO: CONTRIBUTE.
RIGHT-OF-WAY FUNDS (FIXED PRICE) FOR CERTAIN HIGHWAY
IMPROVEMENTS ON F1VI 1103 FROM RODEO WAY TO FM 78; AND
SETTING AN EFFECTIVE DATE.
WHEREAS, the State has deemed it necessary to make certain highway improvements on
Highway No. FM 1103 from Rodeo Way to FM 78, and this section of highway improvements
will necessitate the acquisition of certain right-of-way and the relocating and adjusting of
utilities (the."Project"); and
WHEREAS, the Texas Administrative Code (TAC) requires :the City :of Cibolo ("City") to
financially contribute to the Project under TAC, Title 43, Part 1, Chapter 15, .Subchapter E. Rules
15.52 and 15.55; and
:WHEREAS, the'City is responsible for -10% of the actual right-of-way acquisition and utility costs
incurred by the State for. the Project (estimated at $90,651.80) :under the Agreement with Texas
Department of Transportation (TXDOT) to Contribute Right -of -Way Funds (Fixed Price); and
WHEREAS; the Governing Body of the. City of Cibolo desires to affirm support of the Project
and approve and authorize the execution of the Agreement with TXDOT to Contribute Right -of -
Way Funds for the Project and authorizes the City Manager to: make payments to. TXDOT in
accordance with the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CIBOLO, TEXAS:
SECTION 1. APPROVAL. OF AGREEMENT. The City Manager is hereby authorized to
execute the Agreement with TXDOT to Contribute Right -of -Way Funds (Fixed Price) attached
hereto as Exhibit "A" and incorporated by reference herein. The City Manager is hereby authorized
to make payments to TXDOT in accordance with the Agreement and execute any and all legal
documents necessary to fulfill the purpose and intent of this Resolution.
SECTION 2. REPEALER. All previous Agreements in conflict herewith are repealed.
7362/9 #290526.1
SECTION 3. INCORPORATION OF: RECITALS. The City Hereby finds that the statements
set forth in the recitals of this Resolution are true and correct, and the City hereby incorporates
such recitals as findings of fact.
SECTION 4. SEVERABILITY. If any provision of this Resolution or the application thereof
to any circumstance shall be held to be invalid, the remainder of this Resolution and the application
thereof to other circumstances shall nevertheless be valid, and this governing= body hereby declares
that this Resolution would have been enacted without such invalid provision.
SECTION 5. EFFECTIVE DATE. :This Resolution shall be effective immediately upon passage
by the City of Cibolo City Council.
PASSED AND APPROVED by vote of the City Council of the City. of Cibolo, Texas at a regular
meeting held on this the I Oth day of January 2023.
ATTEST:
PEGGY.CIMICS, TRMC
City Secretary
2
7362/9 #290526.1
JWMCKS
or Pro -Tem
L
EXHIBIT "A"
County - Guadalupe
District 15- San Antonio:
ROW CSJ # 9268-02032
CCSJ #: 1268-02-030
Federal Project #: N/A
CFDA-Title: Highway Planning & Construction
CFDA # 20.205
Federal Highway Administration
Not Research and Development
STATE. OF TEXAS §
COUNTY OF TRAVIS § .
AGREEMENT TO CONTRIBUTE RIGHT. OF WAY FUNDS (FIXED PRICE)
TH18 AGREEMENT is made by and between the State of Texas, acting through the Texas
.Department of Transportation, (the:"State"),:and before City of Cibolo, Texas, acting through
its duly authorized officials (the "Local Government').
WITNESSETH
WHEREAS, Texas Transportation Code §§ 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, :Texas Transportation Code, §§ 201.209 authorizes :the- State:: and a . Local
Government to enter. into agreements in accordance with -Texas Government Code,. Chapter
791; and
WHEREAS, the State has deemed it. necessary 'to make certain highway. improvements on
Highway No. FM 1103 from:Rodeo Way to 1=M 78, and this section of highway improvements
Will necessitate the acquisition of certain right of way and the relocating and adjusting of
utilities (the."Project");.and
WHEREAS, the - Local :Government requests that the State assume responsibility for
..acquisition of all -necessary right of way and adjustment of utilities for this highway project; and
WHEREAS; the Local Government desires .to- enter into a fixed price joint participation
agreement pursuant to .43 TAC .§15.52 to contribute -to the State funding participation as
defined in 43 TAC §15.55 for the cost of. acquiring the right of way and relocating or adjusting
utilities for the proper improvement of the State Highway System;
WHEREAS, the Governing Body of the Local Government has approved entering into this
agreement by resolu ion or ordinance dated J0 -Ja✓i vvw y ., : 202,which is attached: to and
made a part of this agreement as Attachment A. A map showingthe. Project. location appears
in Attachment B, which is:attached to and made a part of this agreement.
NOW THEREFORE; the State and the Local Government do agree:as follows:
Agreement to Contribute Fixed Pricer V1.00 I Page 1 of 10
I
County Guadalupe
District 15- San Antonio,
ROW CSJ # 1268--02032 j
CCSJ # : 1268-02-030
Federal Project.# NIA
CFDA Title: Hiahway Planning & Construction
CFDA # 20:205
Federal Highway Administration
Not Research and Development
i
AGREEMENT 1
s
i.
1..: Agreement Period
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. Termination
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;
B. The agreement is.terminated by one.party because of a:breach, in which case any.cost
incurred because of the breach shall be paid by the breaching, party; or.
C. The Project is inactive for thirty-six (36) months :or longer and no expenditures have
been charged against federal funds, in which case the. State may in its discretion
terminatethis agreement.
3.: local Project Sources and Uses of Funds
A. The total: estimated cost of the Project is shown in Attachment C, Project Budget
Estimate and Payment Schedule, which is attached to and- made a part of this
agreement. The expected cash contributions from the Federal or State government, the
Local Government, or other parties is shown in Attachment C. Thea Local Government
shall pay to the State the amount shown in Attachment C as its :required contribution of
the total cost: of the Project and shall transmit to' the State with the:, return. of this
agreement, duly executed by the; Local Government, a warrant or check for the amount:
and according to the payment.schedule_shown_inAttachment C.
B. The Local Governments fixed. price contribution set forth in Attachment Cis not subject
to adjustment:unless:.:;
1. ' site conditions change;
2.:: work requested by the. Local Government is ineligible for federal
participation; or
3.. the adjustment is mutually agreed on:0y the State and the Local
Government.
C. if the Local Government, will perform any work under this contract for which
reimbursement will be. provided by or through the: State, the Local Government must.
complete training before .federal: spending authority is obligated. Training is, complete -
.when at. least one individual who is working actively and. directly on: the Project
successfully completes and- receives a certificate. for the: course :entitled local
Government Project Procedures Qualification:. for the. Texas:: Department of
.Transportation. The Local Government shall provide the.: certificate of qualification to
the State. The individual .who receives the training certificate may be an employee of
the Local Government or an employee of, a firm-that.has been contracted by the Local
Agreement to Contribute -Fixed Price. I V1.00 I Page 2 of..10
County Guadalupe
District 15- San Antonio
ROW CSJ # 1268-02-032
CCSJ # - 1268-02-030
Federal Project #: N/A
CFDA Title: Highway Planning & Construction
CFDA # 20:205
Federal Highway Administration
Not Research and Development
Government to perform oversight of the Project. The State in its: discretion may deny
reimbursement if'the Local Government has not designated a qualified individual to
oversee the Project.
D. Whenever funds are paid by, the Local Government to the State under this, agreement,
the Local Government shall 'remit a warrant or check made payable to' the "Texas
Department of Transportation Trust Fund." .The warrant or check shall be deposited by
the :State in an escrow: account to be managed by the State. Funds in the escrow
account may only be applied:to this highway project.
E. Notwithstanding that this is a fixed price agreement, the Local Government agrees that
in the event- any existing, future, or proposed Local Government ordinance,
commissioner's court order, rule, policy,.or other directive, including, but not limited to,
outdoor advertising or storm water drainage facility requirements; is more 'restrictive
than State or federal regulations, or any other locally. proposed change, including, but
not limited to, plats or re -plats, results in any increased costs to the State,. then the
Local Government_ will pay one hundred percent (100%): of all those increased costs,
even if the applicable county qualifies as an Economically Disadvantaged County
(EDC). The amount of the increased costs associated with 'the existing, future, or
proposed Local. Government ordinance, commissioner's court order, rule, policy, or
other directive will be determined by the State at its sole discretion:
F. If the Local Government is an EDC and if the State has approved adjustments to the
standard financing arrangement, this agreement reflects those adjustments.
G. If.the Project has been approved for an "incremental payment" non-standard funding or
payment arrangement under 43 TAC §15.52, the budget in Attachment C will clearly
state the incremental payment schedule.
4. Real Property in Lieu of Monetary Payment
A. Contributions of real property may be credited to the Local Government's funding
obligation for the cost of right of way to be acquired for this project. :Credit for all real
property, other than property which is already dedicated -or in use as a public road,
contributed by the. Local Government to the State shall: be based on the, property's fair
market value established as of the effective date of this agreement. The fair market
value shall not include increases or decreases in value caused by the project and
should include the value of the land and improvements being conveyed, excluding any
damages to the remainder. The amount of any credit: for real property contributed for
this project is.clearly shown in Attachment C.
B. The Local Government .will provide to the State all documentation to support the
determined fair market value of the donated property. This documentation shall include
an appraisal of the property by a licensed appraiser approved by the State. The cost of
appraisal will be the responsibility of the State.'The State will review the submitted
documentation and, make a final determination of value; provided however,. the State
may perform any additional investigation deemed necessary,: including supplemental
appraisal work by State, employees or employment of fee appraisers.
'Agreement to Contribute - Fixed Price j V1.00 I Page 3 of 10
County Guadalupe
District 15- San Antonio
ROW CSJ # 1268-02032
CCSJ # 1268-02-030
Federal Project.#: N/A
CFDA Title: Highway Planning & Construction
CFDA # 20.205
Federal Highway Administration
Not Research and Development
C. Credit shall be given only for property transferred at no cost to the State after the
effective date of .this agreement and the issuance of spending: authority, and only for
property which is necessary to complete this project, has title acceptable to the State,.
and is not contaminated with hazardous materials. Credit shall be in lieu of.monetary
contributions required to be paid to the State for the Local Government's funding share
of the right of way to be acquiredfor this project. .The total credit cannot exceed the
Local Government's matching share of the right of way obligation under this agreement,
and credits cannot:be reimbursed in cash to the Local Government, applied :to project
phases other than of way, nor used for other projects..
D. In the event the Local Government's monetary contributions to the State for acquisition .
of right of way; when added to its real property credits, exceed the Local Government's
matching :share of the right of way obligation, there..will be no refund to the Local
Government of any portion of its contributed money.
5. Amendments
Amendments to this agreement due to changes in the character of:the work, terms of the
agreement, or responsibilitiesof the ;parties relating to the Project may be: enacted. through
a mutually agreed upon, written supplemental 'agreement.
6. 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,,to.the following addresses:
Local Government;
The Honorable e -4 Ile -n-'
City of Cibolo
200 S. Main Street
Cibolo, TX 78108
:-State:,
Director of Right of Way Division
Texas Department of Transportation
125 E. 11 r" Street
Austin, Texas 78701
All notices shall be: deemedgiven on the date delivered or deposited in the mail; :unless
otherwise provided by this agreement. 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 notices shall be. delivered personally or by certified U.S. mail and that request shall be
honored and carried out by the other party.
-Agreement to Contribute -.Fixed Price] V1.00 Page 4 of.10
County Guadalupe
District 15- San Antonio -
ROW CSJ.# 1268-02-032
CCSJ # 1268-02-030
Federal Project #: NIA
CFDA Title: Hig- hwav Planninq,& Construction
CFDA # 20.205
Federal Highway Administration
Not Research and Development
7. 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.byeither
party to this agreement and shall be cumulative.
-8. Legal Construction
If one or more of the provisions contained in this agreement shall for any reason be held
invalid, illegal, or unenforceable in any respect, that 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.
9. Responsibilities of the Parties
The State and the Local Government agree. that neither party is an agent, servant, or
employee of the other party and each party agrees it is responsible for its individual acts:
and. deeds as well asthe acts -and deeds. of its contractors, .employees, representatives,
and: agents::
10: Compliance with Laws
The parties sha11 comply with all federal, state, and local laws, statutes, ordinances, rules
and. regulations, and the orders and decrees of any courts or administrative bodies or
tribunals in any manner affecting the performance of this agreement. When required, the .
Local Government shall furnish the State with satisfactory proof of this compliance.
11.. 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 subject
matter of this agreement.
12: Ownership of Documents .
Upon completion or. termination of this agreement; all documents ,prepared. by the State
shall remain the property of the State. All data prepared under this agreement shall be
made available . to the State without restriction or limitation on their.: further .use. All
documents produced or approved: or otherwise created by the Local Government shall be
transmitted to the State in the form of photocopy reproduction on a monthly basis as
required by the State. The. originals:shall remain the property of.the Local Government. At
the request of the State, the Local Government shall submit any information required by the
State in the format directed by the State.
13: Inspection of Books and Records .
The Local Government .shall maintain all books, papers, accounting: records and- other
documentation relating to costs incurred under this agreement: and shall make such
materials available to the State -and, if federally funded,. the Federal Highway Administration
Agreement to Contribute - fixed Price.I V1.00 i.Page 5 of 10
County Guadalupe
District - 15 -Sari Antonio
ROW CSJ.# 1268-02032
CCSJ # 1268-02-030
Federal Project #: N/A
CFDA Title: Highway Planning & Construction
CFDA # 20:205
Federal Highway Administration
Not Research and Development
(FHWA) 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 agreement or until any impending litigation,. or claims. are resolved. Additionally,
the State and 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..
14. State Auditor
The state auditor may conduct'an audit or investigation of any entity receiving funds from
the State directly under this agreement or indirectly: through .a subcontract under this
agreement. Acceptance of .funds directly under this `agreement or indirectly through a
subcontract.under this agreement 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. An entity that is the subject of an audit or investigation must
provide the state auditor with access to any information the state auditor considers relevant
to the investigation or. audit.
15. 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.
1.6. Civil. Rights Compliance
The parties to this agreement shall comply with the regulations of the U.S. Department of
Transportation as they relate to nondiscrimination (49 CFR Part 21 and 23 CFR Part 200),
and Executive Order 11246 titled "Equal Employment Opportunity, as amended by
Executive Order 11375 .and supplemented in the Department of Labor Regulations (4.1
CFR Part 60).
17. Applicability of Federal. Provisions
Articles 18 through 23 only apply if Federal funding is used :'in the acquisition .of right of way
or the adjustment. of utilities.
18. Office of Management and Budget (OMB) Cost Principles..
In order to be reimbursed with federal funds, the parties shall comply with the Cost
Principles. established 1n OMB Circular A-87 that specify that all reimbursed costs are
allowable, reasonable, and.allocable to the Project.
13, Disadvantaged Business Enterprise (DBE) Program Requirements
A. The: parties shall comply with .the DBE Program requirements established in 49 CFR
Part 26.
B. The Local Government shall adopt, in its totality, the State's federally approved DBE
program.
'Agreement to Contribute -Fixed Pricer V1.00 I Page 6 of 10
County Guadalupe
District - 15- San Antonio
ROW CSJ # 1268-02432
CCSJ # 126802-030
Federal Project # '- AM
CFDA'Title: Highway Planning & Construction
CFDA.# 20:205
Federal Highway Administration
Not Research and Development
C. The Local Government shall set an appropriate DBE goal consistent with 'the State's
DBE guidelines and in consideration of the local market, :project. size, and nature :of the
goods or services to be acquired. The. Local Government ;shall have final ,decision-
making. authority regarding the DBE goal and shall be responsible for documenting its.
actions.
D: The Local Government shall follow ail other parts .of the State's DBE program
referenced in :TxDpT :Form 2395, Mem.m, orandum: of: Understanding Regarding the
Adoption of the : Texas Department of Transportation's Federally. -Approved
Disadvantaged Business Enterprise by Entity, and 'attachments found at -web address
iittaa/txdot:aovlbusiness/business . outreachlmou.fatm:
E. The Local Government shall h6tdiscrim nate on the basis of race,. color, national -origin,.
or sex in Elie award and, performance .of zany UIS. Department of Transportation (DOT)-
assisted contract: or in the: administration of 'its DBE. program or the requirements of 49
CFR Part 26: The Local Government .shall- take: all necessary and reasonable- steps:
under 49. CFR Part 26 to ensure non-discrimination in 'award and adminlStrBtlOn Of DOT=
assisted contracts: The .State's DBE program, as required by 49'C.FR Part 26 and at
approved by DOT, is incorporated by reference in this. agreement. Implementation of
this -program Is a legal obligatlon.andfailure.to Garry out Its terms Shall be treated as a
violation of this agreement: Upon notification to the Local Government of its failure to
carry out :its approved program, the State may impose sanctions :as provided for under
49 CFR Part 26 and ray, in appropriate. cases, refer the matter for enforcement under
18: USC 1001 and the Program Fraud Civil Remedies Act of 1986 (31 USC 3801 et
seq.).
F: Each contract the Local Government signs with acontractor -(and each _subcontract the
prime contractor signs.with a sub -contractor) must include the following assurance: The
contractor,. sub -recipient, or. sub ,contractor shall Apt discriminate on the basis of race;
color, national origin, or sex in the performance of 'this contract The contractor shall
carry out applicable requirements of 49 CFR Fart 26 in the award and administration of
DO -T -assisted contracts: Failure -by fh& b6ntractor to carry out these requirements is a
material breach of this agreement, which may result in the termination of -this agreement
or such- other remedy as the recipient deems. appropriate.
-20. Debarment Certification
The .parties. are prohibited :fro.m 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, °Debarmennt and Suspension." By
executing this agreement, the Local Government certifies that it is not currently debarred,
suspended, or otherwise excluded from or ineligible for participation in Federal Assistance
Programs under Executive Order 12549 and. further certifies that it will not do business with-:
any party`that-is.currently debarred, suspended, or otherwise excluded from or. Ineligible for -
participation in Federal Assistance Programs under Executive Order 12649. The parties to
this .contract shall require any party to a .subcontract or purchase :order awarded .under this
Agreement to Contribute: Fixed Price] V1.001.Page 7 of 10
County Guadalupe
District 15- Sari Antonio
ROW 'CSJ_#, 1268-02-M2
CCSJ # 1268-02-'030
Federal Prpject#::.-: '..N/A
CFDA Title; Highway Planning & Construction
CFDA# 20:205
Federal Highway Administration
Not Research and DeVelopment
contract to certify its eligibility
igibility to,reciaive federal funds and, when
n requested. by the State, to
furnish 'a copy of the certification..
:21, Lobbying Certification
In executing this agrbbmerit, each signatory certifies 'to the best of that signatory's
knowledge and belief, that:
X No federal appropri ted funds have been. b or on behalf of the
paid or :will paid y
parties to :any person for influencing or Att&m'ptfn9J6 infibando an officer or employee of
any federal -.agpnqy, qMemb& of Congress, an officer - erhployee,of Congress, or..an
..ffik, or
employee of a Member of Congress in do:''dcti 'nin with the -awarding: of any 16deral
n, o w
contract, the making of any federal I grant, the making of ,aq1ederal'loan,'the entering
into of any cooperative qdrqemeht' and the extension; continuation, - renewal,
amendment, or -modification of any federal c0rittadt: grant, loan, or cooperative
agreement.
B. If any funds other than federal appropriated -funds have been paid orwill . ill be paid to any
person for influencing or attempting to ififluenm an officer of empl6yde of any agency, a
Member of Congress, a'n.officer or.6mpipyeebfCongress, oran'em'ploye6Qf a,, ember
of -Congress in connection' with federal contracts., -graht!§,_ loans, or cooperative
agreements the signatory nato for the Local Government shall and subretit the
I ry,
Federal
era[ Standard Forrn�'.LLL, "Disclosure Form .to . Report Lpbbyi.ng," in accordance with
its instructions:
O, Th
e parties shall require that the languago of this certification sh6ll, be included. in the
award docu'rnents for all sub=awards at all tiers '(ihciudihg-subcontra bts,, sub -.grants, and
contracts under.grants, loans, and cooperative. petative. agreements) and all sub.4eci-olbrits;
shall
certify and disclose .accordingly.
. . 'Sul�.m 'Submission of - this certification is,6 prerequis for
making or oriterihg into this, transaction imposed -by Title 31 USC §1352. :Any person
who falls to file the requiredtification shall be 8&odt to a, civil, penalty of less
ess
than .$10,000 and not more than.$100 000 for each failure.
22. Federal Funding
nof funds under ding Accountability
n
I and Transparency Act ReqUiremets
A. Any recipient p. dor this agreement agrees to comply Ah Federal Funding
. with q.
Accountability and Transparency Act (FFATA) and'implementingregulations at 2 CFR
Pari 170, Including Appendix. A. This agreement is subject to the following award
terms: hfti5://.vvWw.gbo..a6V/fdtyt/Skc"/Fpl-20',1,0-09--i4"/" 610-22,705.Ddf and
B. The tbcsil.G6vernmerit agrees that it shall:
1. Obtain and provide to the- State a System for Award management (SAM) number
(Fqderq�I,Acquisition -Regulation, Part 4, S . ub"p.art 4.11) if this award provides hib-fe than
$25,000 in .Federal funding. The SAM number may be obtained by. visiting the SAM.
website whose address is:, httpt'/www.tam:gov7portal/public/SAM/
2. Obtain and provide to 'the State a- Data Universal Numb
Wing System (DUNS)
number, a unique nine -character number that alloWt.Fbderal g6vOrnm6rit to track the
Agreement to Contribute - Fixed Price- I V1.00 I Page 8 of 10
i
County Guadalupe
District 15- San Antonio:
ROW CSJ.# 1268-02=032
CCSJ # 1268-02-030
Fedetl Project #.:N/A
CFDA Title;'Highway_Planning & Construction
CFDA # 20:205
Federal Highway Administration
Not Research. and 'Development
distribution of federal money: The DUNS may be requested free of charge for --all
businesses and entities required to do -so by visiting the Dun & Bradstreet (MB) on -fine
registration website hitpa/fed_ ov.dnb.comYwebform;.and
3. Report the total compensation and names 'of its top five (5). executives to the State
i. More than 80% of annual. gross revenues .are from the Federal government, and
-those revenues are greaterthan $25,000;000.; and
ii. The:compensatim information is.'not already available through reporting to the
U.S. =Securitiesand Exchange Commission:
23.: Single Audit: Report
A. The parties shall comply with the .requirements: of the Single Audit.Act.of 1.984;: P.1-90-
502, ensuring that: the single .audit .report. includes the coverage -stipulated in OMB
Circular A-133;
B. If threshold expenditures of .$750,000 or more are :met during the Local Government's
fscalyear, the Local Government must submit;a Single .Audit Repori and Management
Letter (if:' plicablp) to TOOT's Audit Office. 125 E: 11th Street, Austin; TX .78701 or
contact TOOT's Audit Office at t ttp://txd6t.g6v/inside=txdot/of db/audit/ddntact.html
C., If expenditures are: less than $750,000 during: the Local Govern"ment's fipcal year, .the
Local Government must submit a_ statement to TxDOT's Audit Office as follows:. "We
.did not meet the $750,000 expenditure threshold and therefore, are not required to have.
a single audit performed for FY 2023."
D For each year the project: remains open for federal funding expenditures, the Local f
Government Will be responsible for'filing a report or:statement.as describedabove.: The
required annual fling -shall extend -throughout .the life of the agreement; unless:. -
otherwise aniended or the project has- been formally closed out and no charges have
'been incurred within the current.fiscal year.
24. Signatory Warranty
Each signatory warrants that the signatory has necessary authority to .execute this
agreement on -behalf of the. entity represented. '
Agreement to Contribute -. Fixed Price l `V1.00 ,Page 9 of.1.0
County Guadalupe
District 15- San Antonio:
ROW CSJ # 1268-02-032
CCSJ # 1268-02-030
Federal Project.A N/A
CFDA Title. Highway Planning & Construction
CFDA # 20.205
Federal Highway Administration
Not Research and Development
THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate.
CITY,OF CIBOLO
S' tune
DocuSign Envelope ID: C7CEC18A-OF3D-4CF2-8314-CF0201FEC9B1
County Guadalupe
District 15- San Antonio
ROW CSJ # 1268-02-032
CCSJ # 1268-02-030
Federal Project #: NIA
CFDA Title: Highway Planning & Construction
CFDA # 20.205
Federal Highway Administration
Not Research and Development
THIS AGREEMENT IS EXECUTED by the State and the Local Government In duplicate.
OF CIBOLO
Typed qr printed Name
l
Title ,
2 -.,'-
Date
THE STATE OF TEXAS
Lgned by:
�I�,tc;lc,v
Contracts and Finance Director
Right of Way Division
Texas Department of Transportation
3/22/2023
Date �.
Agreement to Contribute - Fixed Price I V1.00 I Page 10 of 10