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8.2 Ninth Street Traffic Signal InterconnectCITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 02/27/12 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: 8 BY: ITEM PUBLIC WORKS FINAL APPROVAL: NO: 2 Page 1 BY: Daniel R. Stack BY: ITEM: Agreement with the Kansas Department of Transportation (KDOT) accepting funding to interconnect and adjust timings for traffic signals along the Ninth Street corridor. BACKGROUND: In March 2011, Public Works Department staff applied and interviewed for KDOT Intelligent Transportation System Set -Aside funds to interconnect and adjust timings for traffic signals along Salina's two main north -south corridors — Ninth and Ohio Streets. Timing adjustments and interconnection of the signals would allow them to function in concert and therefore move traffic more efficiently. In April 2011, KDOT notified City staff that only the interconnection of the signals on Ninth Street was approved for funding in the amount of $98,400. This amount includes funds for new signal controllers, radio control interfaces, modem cards, interconnect cable, and traffic engineering to be provided by an experienced consultant. The southern part of this corridor has existing cable and /or conduit that will be utilized. Since the City does not have a dedicated Traffic Engineer, this consultant will be relied upon for design, construction oversight and training so City staff can operate and maintain the system post construction. The attached agreement has been reviewed by Engineering staff, the City Manager, and the City Attorney. The agreement dictates that KDOT will reimburse the City appropriate charges up to $98,400, subject to available funding. Reimbursements may begin in KDOT's 2013 fiscal year, which starts in July of 2012. Among other provisions, the agreement also contains clauses that indicate that each party indemnifies the other for the actions of their respective staff members. FISCAL NOTE: The City application included a "soft match," i.e., City staff will perform intersection traffic counts, assist in the installation of components and /or infrastructure, etc. Other costs above the $98,400 would be borne by the City and may be budgeted in the 2013 Sub -CIP process depending on design. CONFORMANCE WITH STRATEGIC PLAN: Goal 3 Action Item: Maintain a stable operating budget for the delivery of core public services, while investing as many financial resources as practically possible into maintaining and developing the public infrastructure. COMMISSION ACTION OR RECOMMENDED ACTION: City staff has identified the following options and recommends Option 1: 1. Authorize the Mayor to sign the attached agreement. 2. Do not authorize the Mayor to sign the attached agreement and give staff further direction. Attachments: Location map Funds award letter from KDOT Agreement ans a s Phase: 765- 296 -318 Fax: 765- 296 -36619 Dwight D. Eisenhower State Office Building hearing Impaired - 711 700 S.W. Harrison Street Department of Transportation publieinfo @ksdot.org Topeka, KS 66603 -3745 Bureau of Trans )orla6ou Safely, & Technoda p htt : / /www.ksdot.or Deb Miller, Secretary Sam Brownback, Governor Michael D Fioberg, P.E., Chief April 27, 2011 Kent R. Johnson, P.E. Civil Engineer City of Salina Public Works 300 W Ash Street, P.O. Box 736 Salina, KS 67401 Dear Mr, Johnson: Thank you for your request for fiinding from KDOT's Intelligent Transportation Systen -is (ITS) Set- Aside Program for FY 2013. KDOT received requests totaling $5,564,787 for this year's program and awarded $4,000,000. Following the review of the applications and presentations, the KDOT ITS Set - Aside Committee began the evaluation and ranking process. After a thorough review of the applications, the committee's final recommendations were based upon the overall average of the rankings for each application. The recommended projects were then presented to the KDOT Program Review Committee for final approval. We appreciate the time and effort that was put into your application for the Major North -South Corridor Signal Timing and Interconnection. The ITS Set -Aside Committee was also pleased with both the number of applications received and their overall innovative nature. We are happy to announce that the ITS Set -Aside Committee has selected your application for funding at the following amount: Project Name Awarded Funds Major North -South Corridor Signal Tithing and Interconnection $98,400 Thank you again for your time, effort and the project application that you submitted. We will be contacting you to the near future to arrange a meeting to discuss both the project and the agreement process in detail. If you have any questions or concerns about the ITS Set -Aside program, please contact either myself at (785) 296 -5652 or Ryan Lynch, ITS Engineering Associate, at (785) 296 -3387. Sincerely, Leslie Spencer Fowler KDOT Intelligent Transportation Systems (ITS) Unit ITS Program Manager Email - leslie @ksdot.org Office - (785) 296 -5652 Project No. KA- 2399 -01 Agreement No. 26 -12 ITS SET -ASIDE PROJECT AGREEMENT This Agreement is made and entered into on , 2012, by and between the City of Salina, hereinafter referred to as the "City," and the Secretary of the Kansas Department of Transportation, hereinafter referred to as the "Secretary," collectively referred to as the "Parties." WITNESSETH, WHEREAS, the City has applied for and the Secretary has approved an ITS Set -Aside project for State Fiscal Year 2013 described as the "Major North -South Corridor Signal Timing and Interconnection" and hereinafter referred to as the "Project;" and WHEREAS, the Parties are empowered by the laws of Kansas to enter into agreements for the Project; and NOW THEREFORE, the Parties desire to enter into an Agreement to participate in the cost of the Project by use of State and local funds. THE PARTIES MUTUALLY AGREE: 1. The City shall prepare the plans, if necessary, the specifications, and cost estimate for the Project. The City shall procure the system for the Project consistent with the City's documented procurement methods, deploy the Project in accordance with the plans and specifications, test the system, participate in vendor provided training and administer both the Project and the payments due the vendor, including the portion of cost borne by the Secretary. The plans and specifications, when approved by the City, are by reference made a part of this Agreement. The participating procurement items shall be shown separated and listed apart from the non - participating procurement items on both the final plans and the procurement documents. The City shall furnish the ITS Program Manager with a list of all participating items to be used in the Project. If the City submits an incomplete list of all participating items to be used in the Project, said list shall be returned for revision, resulting in a possible delay in reimbursement payments to the City. If requested by ITS Program Manager, the City shall furnish to the ITS Program Manager one (1) set of completed specifications for his/her records. 2. The City shall inform the ITS Program Manager in writing of the date the contract is awarded and the total contract amount within two weeks of the contract being awarded. 3. The City agrees to purchase equipment for the Project as described in their application to the Secretary. The City agrees to furnish to the ITS Program Manager one (1) invoice showing the quantity and type of equipment purchased for the Project. 4. The Project shall be in conformance with the KDOT ITS Set -Aside Project Request Form Fiscal Year 2013 which is incorporated by reference and made a part of this Agreement. 5. The City shall provide the Secretary with a final report no later than six months following completion of the Project. Page 1 of 4 Project No. KA- 2399 -01 Agreement No. 26 -12 6. The Project will be operated and installed within the limits of any existing right of way either owned by the City or KDOT. 7. The City will move or adjust, or cause to be moved or adjusted, and will be responsible for such removal or adjustment of all existing structures, pole lines, pipelines, meters, and other utilities, publicly or privately owned, which may be necessary for construction of the Project in accordance with the approved plans. The expense of such removal or adjustment shall be borne by the owner or the City. 8. The City will require the vendor to pay prevailing wages. The City will incorporate into the construction contract the current general wage decision for the county in which the Project is being constructed. The City may obtain the current wage decision from the Labor Compliance Technician in KDOT's Bureau of Construction and Maintenance. 9. According to the guidelines of the ITS Set -Aside Project, the Secretary agrees to reimburse the City one - hundred percent (100 %) of the total actual and eligible Project costs up to $98,400 for the total actual and eligible Project costs. The City agrees to be responsible for one hundred percent (100 %) of the Project costs that exceed $98,400 for the Project. 10. The Secretary agrees to make such payment to the City as soon as reasonably possible after the Project is completed and with receipt of proper billing with certification by the City that the Project is deployed and is now operational in substantial compliance with the scope of work specifications. The City agrees to obtain final acceptance of the Project through the ITS Program Manager. 11. It is the policy of the Secretary to make any final payments to the City for services related to the ITS Set -Aside Project in a timely manner. The Single Audit Standards set forth in Federal O.M.B. Circular A -133, "Audit of States, Local Governments, and Non - Profit Organizations" and in 49 C.F.R. 18 (Common Rule), require an audit be performed by an independent certified public accountant in accordance with these standards. All information audited shall comply with 49 C.F.R. 18 (Common Rule). The Secretary may pay any final amount due for the authorized work performed based upon the City's most recent Single Audit Report available and a desk review of the claim by the Contract Audit Section of the Secretary's Bureau of Fiscal Services. The City, by acceptance of this Agreement, acknowledges the final payment is subject to all single audits that cover the time period of the expenses being claimed for reimbursement. The Secretary and City agree as the Single Audit Report becomes available for the reimbursement period (normally should occur within a period of 1 -2 years), the Secretary will review the Single Audit Report for items, which are declared as not eligible for reimbursement. The City agrees to refund payment made by the Secretary to the City for items subsequently found to be not eligible for reimbursement by audit. 12. The City shall not request any reimbursement or other payments from the Secretary for the Project prior to July 01, 2012. Page 2 of 4 Project No. KA- 2399 -01 Agreement No. 26 -12 13. If in the judgment of KDOT, sufficient funds are not appropriated to continue the function performed in this Agreement and for the payment of the charges hereunder, KDOT may terminate this Agreement at the end of its current fiscal year. KDOT will participate in all costs approved by KDOT incurred prior to the termination of the Agreement. 14. Upon request by the Secretary, the City shall provide the Secretary an accounting of all non - participating costs associated with the Project which are paid directly by the City to any party outside of the Secretary and all costs incurred by the City not to be reimbursed by the Secretary. This will enable the Secretary to report all costs of the Project to the legislature. 15. During the Project deployment, representatives of the Secretary shall make periodic inspection of the Project and the records of the City as may be deemed necessary or desirable. The City will direct or cause its vendor to accomplish any corrective action or work required by the Secretary's representative as necessary to the performance of this Agreement. 16. The following changes in the Project desired by the City require the approval of the Secretary: a. Fiscal year the Project is to be awarded b. Project description c. Project scope Furthermore, during deployment any changes in the plans and specifications require the written approval of the City and the Secretary. 17. The provisions found in Contractual Provisions Attachment Form DA -146a, which is attached hereto and executed by the Parties in this Agreement, are hereby incorporated into this Agreement by reference and made a part hereof. 18. The provisions found in the Kansas Department of Transportation Civil Rights Special Attachment No. 1 attached hereto are hereby incorporated into this Agreement by reference and made a part hereof. 19. The City shall adopt all necessary ordinances and/or resolutions and to take such legal steps as may be required to give full effect to the terms of this Agreement. 20. The City acknowledges and warrants equipment purchased under this Agreement shall be used in accordance within the Project scope detailed in the ITS Application Project Form. If the equipment is not being used in accordance with the Project scope, the City shall reimburse the Secretary for the cost of such equipment. The City shall make payment within thirty (30) days after receiving notice from the Secretary for reimbursement of the purchase cost minus depreciation. 21. To the extent permitted by law and subject to the maximum liability provisions of the Kansas Tort Claims Act, the City will defend, indemnify, hold harmless, and save the Secretary and his or her authorized representatives from any and all costs, liabilities, expenses, suits, judgments, damages to persons or property or claims of any nature whatsoever arising out of or in connection with the provisions or performance of this Agreement by the City, the City's employees, Page 3 of 4 agents, vendors, or subcontractors. The City harmless, and save the Secretary for negligen t authorized representatives or employees. Project No. KA- 2399 -01 Agreement No. 26 -12 shall not be required to defend, indemnify, hold acts or omissions of the Secretary or his or her 22. The City agrees to require the vendor to indemnify and save the Secretary and the City harmless from and against all liability for damage, costs and expenses arising out of any claim, suit, action, or otherwise for injuries and/or damages sustained to persons or property by reason of the work of employees under this Agreement. 23. It is further understood this Agreement and all contracts entered into under the provisions of this Agreement shall be binding upon the Secretary and the City and their successors in office. 24. No third party beneficiaries are intended to be created by this Agreement, nor do the Parties herein authorize anyone not a party to this Agreement to maintain a suit for damages pursuant to the terms or provisions of this Agreement. 25. If any items are found to be non - participating by the Secretary the total cost of these items will be paid for by the City. IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be signed by their duly authorized officers on the day and year first above written. Lieu Ann Elsey City Clerk (SEAL) CITY OF SALINA, KANSAS Samantha P. Angell Mayor Barbara W. Rankin, Acting Secretary of Transportation Jerome T. Younger, P.E. Deputy Secretary and State Transportation Engineer Page 4 of 4 Special Attachment No. 1 Page 1 of 2 KANSAS DEPARTMENT OF TRANSPORATION Special Attachment To Contracts or Agreements Entered Into By the Secretary of Transportation of the State of Kansas NOTE: Whenever this Special Attachment conflicts with provisions of the Document to which it is attached, this Special Attachment shall govern. THE CIVIL RIGHTS ACT OF 1964, and any amendments thereto, REHABILITATION ACT OF 1973, and any amendments thereto, AMERICANS WITH DISABILITIES ACT OF 1990, and any amendments thereto, AGE DISCRIMINATION ACT OF 1975, and any amendments thereto, EXECUTIVE ORDER 12898, FEDERAL ACTIONS TO ADDRESS ENVIRONMENTAL JUSTICE IN MINORITY POPULATIONS AND LOW INCOME POPULATIONS 1994, and any amendments thereto, 49 C.F.R. Part 26.1 (DBE Program), and any amendments thereto NOTIFICATION The Secretary of Transportation for the State of Kansas, in accordance with the provisions of Title VI and Title VII of the Civil Rights Act of 1964 (78 Stat. 252), §504 of the Rehabilitation Act of 1973 (87 Stat. 355) and the Americans with Disabilities Act of 1990 (42 USC 12101), the Age Discrimination Act of 1975 (42 USC 6101), the regulations of the U.S. Department of Transportation (49 C.F.R., Part 21, 23, and 27), issued pursuant to such Act, Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations (1994), and the DBE Program (49 C.F.R., Part 26.1), hereby notifies all contracting parties that, the contracting parties will affirmatively ensure that this contract will be implemented without discrimination on the grounds of race, religion, color, gender, age, disability, national origin, or minority populations and low income populations as more specifically set out in the following "Nondiscrimination Clauses ". CLARIFICATION Where the term "Consultant" appears in the following "Nondiscrimination Clauses ", the term "Consultant" is understood to include all parties to contracts or agreements with the Secretary of Transportation of the State of Kansas. Nondiscrimination Clauses During the performance of this contract, the Consultant, or the Consultant's assignees and successors in interest (hereinafter referred to as the "Consultant "), agrees as follows: 1) Compliance with regulations: The Consultant will comply with the regulations of the U.S. Department of Transportation relating to nondiscrimination in its federally- assisted programs and codified at Title 49, Code of Federal Regulations, Parts 21, 23 and 27, (hereinafter referred to as the "Regulations "). The Regulations are herein incorporated by reference and made a part of this contract. 2) Nondiscrimination: The Consultant, with regard to the work performed by the Consultant after award and prior to the completion of the contract work, will not discriminate on the grounds of race, religion, color, gender, age, disability, national origin or minority populations and low income populations in the selection and retention of subcontractors, including in the procurements of materials and leases of equipment. The Consultant will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3) Solicitations for Subcontractors, including Procurements of Material and Equipment: In all solicitations, either competitive bidding or negotiation made by the Consultant for work to be performed under a subcontract including procurements of materials and equipment, each potential subcontractor or supplier shall be notified by the Consultant of the Consultant's obligation under this contract and the Regulations relative to nondiscrimination on the grounds of race, religion, color, gender, age, disability, national origin or minority populations and low income populations. (Revised 9/29/11) Special Attachment No. 1 Page 2of2 4) Information and Reports: The Consultant will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and the Secretary of the Transportation of the State of Kansas will be permitted access to the Consultant's books, records, accounts, other sources of information, and facilities as may be determined by the Secretary of Transportation of the State of Kansas to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Consultant is in the exclusive possession of another who fails or refuses to furnish this information, the Consultant shall so certify to the Secretary of Transportation of the State of Kansas and shall set forth what efforts it has made to obtain the information. 5) Employment: The Consultant will not discriminate against any employee or applicant for employment because of race, religion, color, gender, age, disability, or national origin. 6) Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the nondiscrimination provisions of this contract, the Secretary of Transportation of the State of Kansas shall impose such contract sanctions as the Secretary of Transportation of the State of Kansas may determine to be appropriate, including, but not limited to, (a) withholding of payments to the Consultant under the contract until the Consultant complies, and/or (b) cancellation, termination or suspension of the contract, in whole or in part. 7) Disadvantaged Business Obligation (a) Disadvantaged Business as defined in the Regulations shall have a level playing field to compete for contracts financed in whole or in part with federal funds under this contract. (b) All necessary and reasonable steps shall be taken in accordance with the Regulations to ensure that Disadvantaged Businesses have equal opportunity to compete for and perform contracts. No person(s) shall be discriminated against on the basis of race, color, gender, or national origin in the award and performance of federally- assisted contracts. (c) The Consultant, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Consultant shall carry out applicable requirements of 49 C.F.R. Part 26 in the award and administration of Federally- assisted contracts. Failure by the Consultant to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. 8) Executive Order 12898 (a) To the extent permitted by existing law, and whenever practical and appropriate, all necessary and reasonable steps shall be taken in accordance with Executive Order 12898 to collect, maintain, and analyze information on the race, color, national origin and income level of persons affected by programs, policies and activities of the Secretary of Transportation of the State of Kansas and use such information in complying with Executive Order 12898. 9) Incorporation of Provisions: The Consultant will include the provisions of paragraphs (1) through (8) in every subcontract, including procurements of materials and equipment, unless exempt by the Regulations, order, or instructions issued pursuant thereto. The Consultant will take such action with respect to any subcontract or procurement as the Secretary of Transportation of the State of Kansas may direct as a means of enforcing such provisions including sanctions for noncompliance: PROVIDED, however, that, in the event a Consultant becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Consultant may request the State to enter into such litigation to protect the interests of the State. (Revised 9/29/11) State of Kansas Department of Administration DA -146a (Rev. 10 -11) CONTRACTUAL PROVISIONS ATTACHMENT Important: This form contains mandatory contract provisions and must be attached to or incorporated in all copies of any contractual agreement. If it is attached to the vendor /contractor's standard contract form, then that form must be altered to contain the following provision: "The Provisions found in Contractual Provisions Attachment (Forth DA -146a, Rev. 10 -11), which is attached hereto, are hereby incorporated in this contract and made a part thereof." The parties agree that the following provisions are hereby incorporated into the contract to which it is attached and made a part thereof, said contract being the day of 20 1. Terms Herein Controllina Provisions: It is expressly agreed that the terms of each and every provision in this attachment shall prevail and control over the terms of any other conflicting provision in any other document relating to and a part of the contract in which this attachment is incorporated. Any terms that conflict or could be interpreted to conflict with this attachment are nullified. 2. Kansas Law and Venue: This contract shall be subject to, governed by, and construed according to the laws of the State of Kansas, and jurisdiction and venue of any suit in connection with this contract shall reside only in courts located in the State of Kansas. 3. Termination Due To Lack Of Funding Appropriation: If, in the judgment of the Director of Accounts and Reports, Department of Administration, sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges- hereunder, State may terminate this agreement at the end of its current fiscal year. State agrees to give written notice of termination to contractor at least 30 days prior to the end of its current fiscal year, and shall give such notice for a greater period prior to the end of such fiscal year as may be provided in this contract, except that such notice shall not be required prior to 90 days before the end of such fiscal year. Contractor shall have the right, at the end of such fiscal year, to take possession of any equipment provided State under the contract. State will pay to the contractor all regular contractual payments incurred through the end of such fiscal year, plus contractual charges incidental to the return of any such equipment. Upon termination of the agreement by State, title to any such equipment shall revert to contractor at the end of the State's current fiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the agency or the contractor. 4. Disclaimer Of Liability: No provision of this contract will be given effect that attempts to require the State of Kansas or its agencies to defend, hold harmless, or indemnify any contractor or third party for any acts or omissions. The liability of the State of Kansas is defined under the Kansas Tort Claims Act (K.S.A. 75 -6101 et sea.). 5. Anti- Discrimination Clause: The contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A. 44 -1001 et sea.) and the Kansas Age Discrimination in Employment Act (K.S.A. 44 -1111 et sea.) and the applicable provisions of the Americans With Disabilities Act (42 U.S.C. 12101 et sea.) (ADA) and to not discriminate against any person because of race, religion, color, sex, disability, national origin or ancestry, or age in the admission or access to, or treatment or employment in, its programs or activities; (b) to include in all solicitations or advertisements for employees, the phrase "equal opportunity employer "; (c) to comply with the reporting requirements set out at K.S.A. 44 -1031 and K.S.A. 44 -1116; (d) to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting requirements of (c) above or if the contractor is found guilty of any violation of such acts by the Kansas Human Rights Commission, such violation shall constitute a breach of contract and the contract may be cancelled, terminated or suspended, in whole or in part, by the contracting state agency or the Kansas Department of Administration; (f) if it is determined that the contractor has violated applicable provisions of ADA, such violation shall constitute a breach of contract and the contract may be cancelled, terminated or suspended, in whole or in part, by the contracting state agency or the Kansas Department of Administration. Contractor agrees to comply with all applicable state and federal anti - discrimination laws The provisions of this paragraph number 5 (with the exception of those provisions relating to the ADA) are not applicable to a contractor who employs fewer than four employees during the term of such contract or whose contracts with the contracting State agency cumulatively total $5,000 or less during the fiscal year of such agency. 6. Acceptance Of Contract: This contract shall not be considered accepted, approved or otherwise effective until the statutorily required approvals and certifications have been given. 7. Arbitration, Damages, Warranties: Notwithstanding any language to the contrary, no interpretation of this contract shall find that the State or its agencies have agreed to binding arbitration, or the payment of damages or penalties. Further, the State of Kansas and its agencies do not agree to pay attorney fees, costs, or late payment charges beyond those available under the Kansas Prompt Payment Act (K.S.A. 75- 6403), and no provision will be given effect that attempts to exclude, modify, disclaim or otherwise attempt to limit any damages available to the State of Kansas or its agencies at law, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. 8. Representative's Authority To Contract: By signing this contract, the representative of the contractor thereby represents that such person is duly authorized by the contractor to execute this contract on behalf of the contractor and that the contractor agrees to be bound by the provisions thereof. 9. Responsibility For Taxes: The State of Kansas and its agencies shall not be responsible for, nor indemnify a contractor for, any federal, state or local taxes which may be imposed or levied upon the subject matter of this contract. 10. Insurance: The State of Kansas and its agencies shall not be required to purchase any insurance against loss or damage to property or any other subject matter relating to this contract, nor shall this contract require them to establish a "self- insurance" fund to protect against any such loss or damage. Subject to the provisions of the Kansas Tort Claims Act (K.S.A. 75 -6101 et sea.), the contractor shall bear the risk of any loss or damage to any property in which the contractor holds title. 11. Information: No provision of this contract shall be construed as limiting the Legislative Division of Post Audit from having access to information pursuant to K.S.A. 46 -1101 et seq. 12. The Eleventh Amendment: "The Eleventh Amendment is an inherent and incumbent protection with the State of Kansas and need not be reserved, but prudence requires the State to reiterate that nothing related to this contract shall be deemed a waiver of the Eleventh Amendment." 13. Campaign Contributions / Lobbying: Funds provided through a grant award or contract shall not be given or received in exchange for the making of a campaign contribution. No part of the funds provided through this contract shall be used to influence or attempt to influence an officer or employee of any agency or a member of the Legislature regarding any pending legislation or the awarding, extension, continuation, renewal, amendment or modification of any government contract, grant, loan, or cooperative agreement. 14. Ellin ■I �® ® ®1�!��G� � � ill` i�iii%i�I�� Illi ®: NE ENE GYPSON HILL 35 will Ire, CEMETERY lilt loom NEW . ® ■® � _ ... 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