R-2013-163 2013-10-14RESOLUTION NO. R2013-163
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO AN INTERLOCAL AGREEMENT WITH THE HOUSTON-
GALVESTON AREA COUNCIL (H -GAC) FOR PARTICIPATION IN THE
DWI TASK FORCE GRANT PROGRAM.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Interlocal Agreement by and between the City of Pearland
and H -GAC, a copy of which is attached hereto as Exhibit "A" and made a part hereof for
all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest an Interlocal Agreement with H -GAC.
PASSED, APPROVED and ADOPTED this the 14th day of October, A.D., 2013.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
61-
DARRIN M. COKER
CITY ATTORNEY
Resolution No. R2013-163
Exhibit "A"
HOUSTON-GALVESTON AREA COUNCIL
GENERAL PROVISIONS
INTERGOVERNMENTAL AGREEMENT
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This Intergovernmental Agreement is made and entered into this 1st day of November, 2013, by and between the
Houston -Galveston Area Council, hereinafter referred to as H -GAC, having its principal place of business at 3555
Timmons Lane, Suite 120, Houston, Texas 77027 and The City of Pearland, hereinafter referred to as the
Contractor, having its principal place of business at 3519 Liberty Drive, Pearland. TX 77581.
WITNESSETH:
WHEREAS, H -GAC hereby engages the Contractor to perform certain services in accordance with the specifications of
the Agreement; and
WHEREAS, the Contractor has agreed to perform such services in accordance with the specifications of the
Agreement;
NOW, THEREFORE, H -GAC and the Contractor do hereby agree as follows:
ARTICLE 1 LEGAL AUTHORITY
The Contractor warrants and assures H -GAC that it possesses adequate legal authority to enter into this Agreement. The
Contractor's governing body, where applicable, has authorized the signatory official(s) to enter into this Agreement and
bind the Contractor to the terms of this Agreement and any subsequent amendments hereto.
ARTICLE 2 APPLICABLE LAWS
The Contractor agrees to conduct all activities under this Agreement in accordance with all applicable rules, regulations,
directives, standards, ordinances and laws in effect or promulgated during the term of this Agreement. Such standards
and laws shall include, to the extent applicable, the Uniform Grant and Contract Management Standards ("UGMS")
promulgated by the State of Texas and the state and federal statutes referenced therein.
ARTICLE 3 INDEPENDENT CONTRACTOR
The execution of this Agreement and the rendering of services prescribed by this Agreement do not change the
independent status of H -GAC or the Contractor. No provision of this Agreement or act of H -GAC in performance of the
Agreement shall be construed as making the Contractor the agent, servant or employee of H -GAC, the State of Texas or
the United States Government. Employees of the Contractor are subject to the exclusive control and supervision of the
Contractor. The Contractor is solely responsible for employee payrolls and claims arising therefrom. The Contractor
shall notify H -GAC of the threat of lawsuit or of any actual suit filed against the Contractor pertaining to this Agreement
or which would adversely affect the contractor's ability to perform services under this Agreement.
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ARTICLE 4 WHOLE AGREEMENT
The General Provisions, Special Provisions and Attachments, as provided herein, constitute the complete agreement
between the parties hereto, and supersede any and all oral and written agreements between the parties relating to matters
herein. Except as otherwise provided herein, this Agreement cannot be modified without written consent of the parties.
ARTICLE 5 SCOPE OF SERVICES
The services to be performed by the Contractor are outlined in the Special Provisions of this Agreement.
ARTICLE 6 PERFORMANCE PERIOD
This Agreement shall be performed during the period which begins November 1, 2013 and ends September 30, 2014.
The work under this Agreement shall begin immediately following a formal Notice to Proceed.
ARTICLE 7 REPORTING REQUIREMENTS
Reporting requirements are set forth in the Special Provisions of this Agreement. If the Contractor fails to submit to
H -GAC in a timely and satisfactory manner any report required by this Agreement, or otherwise fails to satisfactorily
render performances hereunder, H -GAC may withhold payments otherwise due and owing the Contractor hereunder. If
H -GAC withholds such payments, it shall notify the Contractor of its decision and the reasons therefor. Payments
withheld pursuant to this Article may be held by H -GAC until such time as the delinquent obligations for which funds
are withheld are fulfilled by the Contractor. The Contractor's failure to timely submit any report may also be considered
cause for termination of this Agreement.
ARTICLE 8 PAYMENTS
The Contractor agrees that payments are predicated upon properly documented and verified proof of performance
delivered and costs incurred by the Contractor in accordance with the terms of this Agreement and shall be paid in
accordance with the Compensation Schedule in the Special Provisions.
ARTICLE 9 NON FUNDING CLAUSE
Each payment obligation of H -GAC created by this Agreement is conditioned upon the availability of state or federal
funds appropriated or allocated for the payment of such obligations. H -GAC shall not be otherwise obligated or liable
for any future payments due or for any damages as a result of interruption of payment or termination under this Article.
ARTICLE 10 INSURANCE
The Contractor shall maintain insurance coverage for work performed or services rendered under this Agreement as
specified in the Special Provisions.
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ARTICLE 11 REPAYMENTS
The Contractor understands and agrees that it shall be liable to repay and shall repay upon demand to H -GAC any
amounts determined by H -GAC, its independent auditors, or any agency of state or federal govemment to have been
paid in violation of the terms of this Agreement.
ARTICLE 12 SUBCONTRACTS
Except as may be set forth in the Special Provisions, the Contractor agrees not to subcontract, assign, transfer, convey,
sublet or otherwise dispose of this Agreement or any right, title, obligation or interest it may have therein to any third
party without prior written approval of H -GAC.
The Contractor acknowledges that H -GAC is not liable to any subcontractor(s) of the Contractor.
The Contractor shall ensure that the performance rendered under all subcontracts shall result in compliance with all the
terms and provisions of this Agreement as if the performance rendered was rendered by the Contractor.
ARTICLE 13 AUDIT
As a recipient of state or federal assistance through this Agreement, the Contractor acknowledges that it is subject to the
Single Audit Act of 1996, P.L. 98-502, (hereinafter referred to as "Audit Act"), OMB Circular No. A-133, and the State
of Texas Single Audit Circular incorporated in UGMS.
The Contractor shall have an audit made in accordance with the Single Audit, requirements of the most recently adopted
UGMS and OMB Circular A-133 for any of its fiscal years in which Contractor expends more than $500,000 in state or
federal fmancial assistance.
The Contractor will provide H -GAC a copy of the single audit, including management letter and reporting package
required by federal and state rules within 30 days after receipt of the auditor's report, or nine months after the end of the
audit period.
H -GAC reserves the right to conduct or cause to be conducted an independent audit of all funds received under this
Agreement which may be performed by the local govemment audit staff, a certified public accountant firm, or other
auditors as designated by the H -GAC. Such audit will be conducted in accordance with State law, regulations, and
policy, and generally accepted auditing standards and established procedures and guidelines of the reviewing or audit
agency(ies).
The Contractor understands and agrees that the Contractor shall be liable to the H -GAC for any costs disallowed or
overpayment as a result of audit or inspection of records kept by the Contractor on work performed under this
Agreement.
ARTICLE 14 EXAMINATION OF RECORDS
The Contractor shall maintain during the course of the work, complete and accurate records of all of the Contractor's
costs and documentation of items which are chargeable to H -GAC under this Agreement. H -GAC, through its staff or
designated public accounting firm, the State of Texas and the United States Government, including the U.S. Department
of Transportation and the U.S. Office of the Inspector General, shall have the right at any reasonable time to inspect,
copy and audit those records on or off the premises by authorized representatives of its own or any public accounting
firm selected by it. The right of access to records is not limited to the required retention period, but shall last as long as
the records are retained. Failure to provide access to records may be cause for termination of the Agreement. The
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records to be thus maintained and retained by the Contractor shall include (without limitation): (1) personnel and
payroll records, including social security numbers and labor classifications, accounting for total time distribution of the
Contractor's employees working full or part time on the work, as well as cancelled payroll checks, signed receipts for
payroll payments in cash, or other evidence of disbursement of payroll payments; (2) invoices for purchases, receiving
and issuing documents, and all other unit inventory records for the Contractor's stocks or capital items; and (3) paid
invoices and cancelled checks for materials purchased and for subcontractors' and any other third parties' charges.
Additionally, the State, the United States Government, 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.
The Contractor further agrees to include in all its subcontracts permitted pursuant to Article 12 hereof, a provision to the
effect that the subcontractor agrees that H -GAC and its duly authorized representatives shall, until the expiration of four
(4) years after final payment under the subcontract or until all audit findings have been resolved, have access to and the
right to examine and copy any directly pertinent books, documents, papers, invoices and records of such subcontractor
involving transactions relating to the subcontract.
ARTICLE 15 RETENTION OF RECORDS
The Contractor shall maintain all records pertinent to this Agreement, including but not limited to those records
enumerated in Article 14, and all other financial, statistical, property, participant records, and supporting documentation
for a period of no less than four (4) calendar years from the later of the date of acceptance of the final contract closeout
or the date of the final audit required under Article 13 of this Agreement. If any litigation, claim, negotiation, audit or
other action involving the records has been started before the expiration of the retention period, the records shall be
retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular four
(4) year period, whichever is later.
ARTICLE 16 CHANGES AND AMENDMENTS
Any alterations, additions, or deletions to the terms of this Agreement which are required by changes in federal law or
regulations are automatically incorporated into this Agreement without written amendment hereto, and shall become
effective on the date designated by such law or regulation; provided if the Contractor may not legally comply with such
change, the contractor may terminate its participation herein as authorized by Article 17.
H -GAC may, from time to time, require changes in the scope of the services of the Contractor to be performed
hereunder. Such changes that are mutually agreed upon by and between H -GAC and the Contractor in writing shall be
incorporated into this Agreement.
ARTICLE 17 TERMINATION PROCEDURES
The Contractor acknowledges that this Agreement may be terminated under the following circumstances:
A. Convenience
H -GAC may terminate this Agreement in whole or in part without cause at any time by written notice by
certified mail to the Contractor whenever for any reason H -GAC determines that such termination is in the best
interest of H -GAC. Upon receipt of notice of termination, all services hereunder of the Contractor and its
employees and subcontractors shall cease to the extent specified in the notice of termination. In the event of
termination in whole, the Contractor shall prepare a final invoice within 30 day days of such termination
reflecting the services actually performed which have not appeared on any prior invoice, such invoice shall be
satisfactory to the Executive Director or his designee. H -GAC agrees to pay the Contractor, in accordance with
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the terms of the Agreement, for services actually performed and accruing to the benefit of H -GAC, less
payment of any compensation previously paid.
The Contractor may cancel or terminate this Agreement upon thirty (30) days written notice by certified mail to
H -GAC. The Contractor may not give notice of cancellation after it has received notice of default from H -
GAC. In the event of such termination prior to completion of the Agreement provided for herein, H -GAC
agrees to pay services herein specified on a prorated basis for work actually performed and invoiced in
accordance with the terms of this Agreement, less payment of any compensation previously paid.
B. Default
H -GAC may, by written notice of default to the Contractor, terminate the whole or any part of the Agreement
in any one of the following circumstances:
(1) If the Contractor fails to perform the services herein specified within the time specified herein or any
extension thereof; or
(2) If the Contractor fails to perform any of the other provisions of this Agreement for any reason
whatsoever, or so fails to make progress or otherwise violates the Agreement that completion of the
services herein specified within the agreement term is significantly endangered, and in either of these
two instances does not cure such failure within a period of ten (10) days (or such longer period of
time as may be authorized by H -GAC in writing) after receiving written notice by certified mail of
default from H -GAC.
In the event of such termination, all services of the Contractor and its employees and subcontractors shall cease
and the Contractor shall prepare a final invoice reflecting the services actually performed pursuant to the
Agreement which have not appeared on any prior invoice. Such invoice must be satisfactory to the Executive
Director of H -GAC or his designee. H -GAC agrees to pay the Contractor, in accordance with the terms of this
Agreement, for services actually performed and accruing to the benefit of H -GAC as reflected on said invoice,
less payment of any compensation previously paid and less any costs or damages incurred by H -GAC as a
result of such default, including incremental costs that H -GAC will incur to have the Agreement completed by
a person other than the contractor.
ARTICLE 18 SEVERABILITY
All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such
determination shall not affect any other term of this Agreement, which shall continue in full force and effect.
ARTICLE 19 COPYRIGHTS
The state or federal awarding agency and H -GAC reserve a royalty -free, nonexclusive, and irrevocable license to
reproduce, publish or otherwise use, and to authorize others to use, for state or federal government or H -GAC purposes:
(a) The copyright of all maps, data, reports, research or other work developed under this Agreement; and
(b) Any copyrights or rights of use to copyrighted material which the Contractor purchases with funding
under this Agreement. All such data and material shall be furnished to H -GAC on request.
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ARTICLE 20 OWNERSHIP OF MATERIALS
Except as may be specified in the Special Provisions, all data, reports, research, etc., developed by the Contractor as a
part of its work under this Agreement shall become the property of the H -GAC upon completion of this Agreement, or in
the event of termination or cancellation hereof, at the time of payment under ARTICLE 8 for work performed. All such
data and material shall be furnished to H -GAC on request.
ARTICLE 21 FORCE MAJEURE
To the extent that either party to this Agreement shall be wholly or partially prevented from the performance within the
term specified of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire,
flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party's
control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation
or duty shall be suspended until such disability to perform is removed. Determination of force majeure shall rest solely
with the H -GAC.
ARTICLE 22 NON-DISCRIMINATION AND EQUAL OPPORTUNITY
The Contractor agrees to comply with all federal statutes relating to nondiscrimination. These include but are not
limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race,
color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and
1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as
amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans with
Disabilities Act of 1990; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101-6107), which
prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as
amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the
nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of
1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient
records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to
nondiscrimination in the sale, rental or fmancing of housing; (I) any other nondiscrimination provisions in any specific
statute(s) applicable to any Federal funding for this Agreement; (j) the regulations of the United States Department of
Transportation as they relate to non-discrimination (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 (41 CFR Part 60); and (k) the requirements of any other nondiscrimination statute(s)
which may apply to this Agreement.
ARTICLE 23 CONFLICT OF INTEREST
No officer, member or employee of the Contractor or subcontractors, no member of the governing body of the
Contractor, and no other public officials of the Contractor who exercise any functions or responsibilities in the review or
approval of this Agreement, shall participate in any decision relating to this Agreement which affects his or her personal
interest, or shall have any personal or pecuniary interest, direct or indirect, in this Agreement.
ARTICLE 24 POLITICAL ACTIVITY; LOBBYING CERTIFICATION
No funds provided under this Agreement may be used in any way to attempt to influence in any manner a member of
Congress to favor or oppose any legislation or appropriation by Congress, or for lobbying with state or local legislators.
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The Contractor, if a recipient of federal assistance exceeding $100,000 through an H -GAC subcontract, will comply
with section 319, Public Law 101-121 (31 U.S.C. 1352).
In executing this agreement, each signatory certifies to the best of that signatory's knowledge and belief, that:
(a) No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for
influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of any federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any federal contract, grant, loan, or cooperative agreement.
(b) If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with federal
contracts, grants, loans, or cooperative agreements, the signatory for the Local Government shall complete
and submit the Federal Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
(c) The parties shall require that the language of this certification shall be included in the award documents for
all sub -awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and all sub -recipients shall certify and disclose accordingly. Submission of this
certification is a prerequisite for making or entering into this transaction imposed by Title 31 U.S.C. § 1352.
Any person who fails to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
ARTICLE 25 SECTARIAN INVOLVEMENT PROHIBITED
The Contractor shall ensure that no funds under this Agreement are used, either directly or indirectly, in the support of
any religious or anti -religious activity, worship, or instruction.
ARTICLE 26 CRIMINAL PROVISIONS AND SANCTIONS
The Contractor agrees that it will perform the Agreement activities in conformance with safeguards against fraud and
abuse as set forth by the H -GAC, the State of Texas, and the acts and regulations of the funding entity. The Contractor
agrees to promptly notify H -GAC of suspected fraud, abuse or other criminal activity through the filing of a written
report within twenty-four (24) hours of knowledge thereof and to notify H -GAC of any accident or incident requiring
medical attention arising from its activities under this Agreement within twenty-four (24) hours of such occurrence.
Theft or willful damage to property on loan to the Contractor from H -GAC, if any, shall be reported to local law
enforcement agencies and H -GAC within two (2) hours of discovery of any such act.
The Contractor further agrees to cooperate fully with H -GAC, local law enforcement agencies, the State of Texas, the
Federal Bureau of Investigation and any other duly authorized investigative unit in carrying out a full investigation of all
such incidents.
ARTICLE 27 TITLES NOT RESTRICTIVE
The titles assigned to the various Articles of this Agreement are for convenience only. Titles shall not be considered
restrictive of the subject matter of any Article, or part of this Agreement.
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ARTICLE 28 ACKNOWLEDGEMENT OF FUNDING SOURCE
The Contractor shall give credit to Federal Transit Administration (FTA), Federal Highway Administration (FHWA),
Texas Department of Transportation (TxDOT), National Highway Traffic Safety Administration (NHTSA) and H -GAC
as the funding source for this Agreement in all oral presentations, written documents, publicity, and advertisements
regarding any of the Contractor's activities which arise from this Agreement.
ARTICLE 29 DISPUTES
Any and all disputes concerning questions of fact or of law arising under this Agreement which are not disposed of by
agreement shall be decided by the Executive Director of H -GAC or his designee, who shall reduce his decision to
writing and provide notice thereof to the Contractor. The decision of the Executive Director or his designee shall be
fmal and conclusive unless, within thirty (30) days from the date of receipt of such copy, the Contractor requests a
rehearing from the Executive Director of H -GAC. In connection with any rehearing under this Article, the Contractor
shall be afforded an opportunity to be heard and offer evidence in support of its position. The decision of the Executive
Director after any such rehearing shall be final and conclusive. The Contractor may, if it elects to do so, appeal the fmal
and conclusive decision of the Executive Director to a court of competent jurisdiction. Pending fmal decision of a
dispute hereunder, the Contractor shall proceed diligently with the performance of the Agreement and in accordance
with H-GAC's fmal decision.
ARTICLE 30 GOVERNING LAW; VENUE
This Agreement shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of
action arising under or in connection with the Agreement shall lie exclusively in Harris County, Texas, unless the laws of
the State of Texas specifically establish venue in some other county.
ARTICLE 31 ORDER OF PRIORITY
In the case of any conflict between the General Provision, the Special Provisions, and Attachments to this Agreement,
the following order of priority shall be utilized: Special Provision, General Provisions, and Attachments.
H -GAC and the Contractor have executed the Agreement as of the date first written above.
Jac ,ERBet►tive Director
ouston-Galveston Area Council
zto (
Date
H -GAC -10/98
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Bill Eisen
City Manager
lam+?/ --/3
Date
SPECIAL PROVISIONS
INDEX PAGE
1. Compensation 1
2. Contractor Personnel 2
3. Inspection of Work 2
4. Proprietary Rights 2
5. Insurance 2
6. Progress Reports 2
7. Disadvantaged Business Enterprises 3
8. Title VI Assurance 3
9. Compliance with Laws 4
10. Energy Policy 4
11. Clean Air Act and Federal Water Pollution Control
Act Requirements 4
12. Debarred Bidders 4
13. Drug -Free Workplace 5
1. COMPENSATION
The Contractor shall be reimbursed by H -GAC for authorized costs in accordance with 48 CFR, Ch 1, Part 31 incurred
in performance of the work set out in this contract as specifically described in Attachment A. Detailed records must be
maintained to show actual time devoted and costs incurred.
The Contractor will submit a final invoice within 30 days after the completion of work. Invoices submitted after this
time will not be honored unless prior arrangements are made and approved in writing by H -GAC.
A. Maximum Compensation. The total reimbursement under this contract shall not exceed
Eighteen Thousand Seven Hundred Nineteen Dollars ($18,719).
B. Travel Expenses and Subsistence. The Contractor shall be paid the actual cost incurred by personnel working
on this project for travel expenses and subsistence that are certified as being correct and necessary for and
directly associated with performance of this Contract. In-state travel shall be reimbursed at rates established by
the State Comptrollers Office: (http://www.cpa.state.tx.us/). Transportation costs shall be reimbursed for
Coach or comparable airfare or for private automobile, whichever is less. Out-of-state travel shall be
reimbursed not to exceed current Federal Per Diem rates as allowed by 41 CFR Part 301-7 and Chapter 301
Federal Travel Regulations; Maximum Per Diem rates; Final Rule. Rental vehicle expenses shall be
reimbursed at actual cost of compact car or smaller, unless approved by H -GAC in advance. (Note: Itemized
receipt(s) for food is necessary)
C. Method of Payment. H -GAC will reimburse the Contractor for services rendered on the basis of allowable
costs up to the amount specified in Section 1, Part A above. Reimbursement shall be made monthly within
forty-five (45) days after the receipt of the Contractor's invoice and support documentation, except as stipulated
in paragraph E below. An invoice must arrive each month whether or not any expenses have occurred. In
addition to documentation for travel and equipment each invoice must be accompanied by a progress report as
described in Section 6, Activity Reports, below.
D. Billings. The Contractor shall submit a Request for Reimbursement reflecting the overtime worked within
eighteen (18) days of an enforcement period. The Request for Reimbursement shall include the following set
of reports, where applicable, reflecting the enforcement activities conducted as part of the Regional DWI Task
Force grant:
i. Agency Enforcement Summary Sheet (which will serve as the Agency's Request for
Reimbursement);
ii. Officers' Shift Reports;
iii. Official Overtime Slips from law enforcement agency;
iv. Shift Reports from agency computer-aided dispatch (CAD) systems reflecting time worked;
v. Financial printouts from agency accounting system;
vi. List of public events attended where DWI and the DWI Task Force were discussed
E. Matching Fund Certification. The Contractor shall record and report benefits and taxes that have been paid on
the overtime pay accrued by participating staff during the enforcement period, as well as the number of miles
driven by participating staff in the vehicle used for the enforcement activities. The rates for these items are as
follows:
i. Retirement Match: 14.0 percent of wages - $2,621.00
ii. Social Security Tax: 6.2 percent of wages - $1,161.00
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iii. Medicare Tax: L45 percent of wages - $271.00
iv. Workers' Compensation: 1_0 percent of wages - $187.00
v. Vehicle Mileage Rate: $0.565 per mile
These rates may be subject to change based on legislative or local governmental action. H -GAC must be
notified of any change in the above -listed rates made by the Contractor.
2. CONTRACTOR PERSONNEL
The Contractor agrees to assign qualified staff members including a Project Manager who shall be responsible for the
task administration and work performance. The Project Manager shall be Chad Randall. In the event the Project
Manager becomes no longer available to this project, a substitution of like personnel with similar qualifications can only
be made after obtaining prior written approval of H -GAC.
3. INSPECTION OF WORK
H -GAC shall have the right to review and inspect the progress of the work described herein at all times.
4. PROPRIETARY RIGHTS
Contractor agrees not to release data or information about the results of the project to any person outside of H -GAC
without first obtaining written authorization to release such information from H -GAC. Contractor shall be permitted to
list H -GAC as a client for marketing purposes.
5. INSURANCE
H -GAC acknowledges that Contractor is governed by the Texas Tort Claims Act, which sets forth certain limitations
and restrictions on the types of liability and the types of insurance coverage that can be required of Contractor. The
Contractor represents to H -GAC that it either has adequate General Liability and Property insurance policies in place
or sufficient resources to self -insure for all claims for which it may be responsible under the Texas Tort Claims Act.
The Contractor further represents to H -GAC that it either has workers' compensation insurance in the amount
required by statute or is entitled to self -insure for workers compensation coverage under Texas law and has elected
to do so.
6. ACTIVITY REPORTS
The Contractor shall submit to H -GAC activity reports as described in Section One, Parts C and D above. The reports
shall reflect enforcement activities accomplished during the previous enforcement period. These reports will include,
but not be limited to the list of items required under Section One, Part D.
7. DISADVANTAGED BUSINESS ENTERPRISES
(1) Policy. It is the policy of the Department of Transportation (DOT) that disadvantaged business enterprises as
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defined in 49 CFR Part 26 shall have the maximum opportunity to participate in the performance of contracts
financed in whole or part with Federal funds under this Agreement. Consequently, the DBE requirements of 49
CFR Part 26 apply to this Agreement.
(2) DBE Obligation. The Contractor agrees to ensure that disadvantaged business enterprises as defined in 49
CFR Part 26 have the maximum opportunity to participate in the performance of contracts and subcontracts
fmanced in whole or in part with Federal funds provided under this Agreement. In this regard the Contractor
shall take all necessary and reasonable steps in accordance with 49 CFR Part 26 to ensure that disadvantaged
business enterprises have the maximum opportunity to compete for and perform contracts. The Contractor
shall not discriminate on the basis of race, creed, color, national origin, age, or sex in the award and
performance of DOT -assisted contracts.
H -GAC has established a goal of 22% DBE participation in its FTA third party contracting opportunities.
There, any contract issued under this Agreement will carry a 22% DBE participation goal.
8. TITLE VI ASSURANCE
During the performance of this Contract, the Contractor, for itself, its assignees and successors in interest (hereinafter
referred to as the "Contractor") agrees as follows:
(a) Compliance with Regulations. The Contractor shall comply with the regulations relative to nondiscrimination
in Federally -assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of
Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the
"Regulations"), which are herein incorporated by reference and made a part of this Contract.
(b) Nondiscrimination. The Contractor, with regard to the work performed by it during the Contract, shall not
discriminate on the grounds of race, color, religion, sex, age, or national origin in the selection and retention of
subcontractors, including procurement of materials and leases of equipment. The Contractor shall not
participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulation
including employment practices when the Contract covers a program set forth in Appendix B of the
Regulations.
(c) Solicitation for Subcontracts, including Procurement of Materials and Equipment. In all solicitations either by
competitive bidding or negotiation made by the Contractor for work to be performed under the subcontract,
including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be
notified by the Contractor of the Contractor's obligations under this Contract and the Regulations relative to
nondiscrimination on the grounds of race, color, religion, age, sex, or national origin.
(d) Information and Reports. The Contractor shall provide all information and reports required by the Regulations
or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of
information, and its facilities as may be determined by H -GAC or the Department of Transportation (DOT) to
be pertinent to ascertain compliance with such regulations, orders, and instructions. Where any information is
required of a Contractor and is in the exclusive possession of another who fails or refuses to furnish this
information, the Contractor shall so certify to H -GAC or the Department of Transportation, as appropriate and
shall set forth what efforts it has made to obtain the information.
(e) Sanctions for Noncompliance. In the event of the Contractor's noncompliance with the nondiscrimination
provisions of this Contract, the District shall impose such contract sanctions as it or the Department of
Transportation may determine to be appropriate, including, but not limited to:
page 3 of 5
H -GAC -10/98; 3/05--SpecProvlA
(1) Withholding of payments to the Contractor under the Contract until the Contractor complies, and/or
(2) Cancellation, termination, or suspension of the Contract, in whole or in part.
(f) Incorporation of Provisions. The Contractor shall include the provisions of paragraphs (a) through (f) in every
subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or
directives issued pursuant hereto. The Contractor shall take such action with respect to any subcontract or
procurement as H -GAC may direct as a means of enforcing such provisions including sanctions for
noncompliance. Provided, however, that in the event a Contractor becomes involved in or is threatened with
litigation with a subcontractor or supplier as a result of such direction, the Contractor may request H -GAC to
enter into such litigation to protect the interests of H -GAC and, in addition, the Contractor may request the
United States to enter into such litigation to protect the interests of the United States.
9. COMPLIANCE WITH LAWS
The Contractor shall comply with all Federal, State and local laws, statutes, ordinances, rules and regulations, and
the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of
this Agreement, including without limitation, workers' compensation laws, minimum and maximum salary and wage
statutes and regulations, and licensing laws and regulations. When required, the Contractor shall furnish H -GAC
with satisfactory proof of its compliance therewith.
10. ENERGY POLICY
Contracts shall recognize mandatory standards and policies relating to energy efficiency which are contained in the state
energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163).
11. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT REQUIREMENTS
Contractor agrees to comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean
Air Act (42 USC 1857 (h), Section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738, and
Environmental Protection Agency regulations (40 CFR, Part 15) which prohibit the use under nonexempt federal
contracts, grants or loans, of facilities included on the EPA list for Violating Facilities.
12. DEBARRED BIDDERS
Contractor, including any of its officers or holders of a controlling interest, is obligated to inform H -GAC whether or not
it is or has been on any debarred bidders' list maintained by the United States Government. Should the Contractor be
included on such a list during the performance of this project, it shall so inform H -GAC.
The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise
excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549,
"Debarment and Suspension." 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 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
H-GAC--10/98;3/05--SpecProvlA
H -GAC -10/98; 3/05--SpecProvlA
page 4 of 5
page 5 of 5
12549. The parties to this contract shall require any party to a subcontract or purchase order awarded under this
contract to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the
certification.
13. DRUG-FREE WORKPLACE
The Contractor agrees that if the Contractor is a recipient of more than $25,000 in federal assistance through an H -GAC
subcontract, the Contractor shall provide a "drug-free" workplace in accordance with the Drug-free Workplace Act
(DFWA), March 18, 1989. For purposes of this Section, "drug-free" means a worksite at which employees are
prohibited from engaging in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled
substance. The Contractor shall:
1. Publish a policy statement prohibiting the manufacture, distribution, dispensation, possession, or use of a
controlled substance and notify employees of the consequences for violating this prohibition;
2. Establish a drug-free awareness program;
3. Provide each employee with a copy of its policy statement; and
4. Notify employees that, as a condition of employment, the employee must adhere to the terms of the statement
and must notify the employer of any criminal drug offense within five days of conviction.
page 5 of 5
H -GAC --10/98; 3/05--SpecProvlA
Houston -Galveston Area Council
December 17, 2013
Bill Eisen
City Manager, City of Pearland
3519 Liberty Drive
Pearland, TX 77581
Dear Mr. Eisen:
Enclosed are three originals of a Notice to Proceed for the DWI Selective Traffic
Enforcement Program between H -GAC and City of Pearland. Please sign and return two
originals to me, keep one for your files.
I am also sending you an original of the fully executed Agreement for your files. If you
have any technical questions please contact Jeff Kaufman at 832-681-2533. Should you have
any questions concerning the enclosed information, feel free to contact me at 713-993-4584.
/ag
Enclosures
Mailing Address
PO Box 22777
Houston, Texas 77227-2777
Phone 713-627-3200
41641
Recycled
Sincerely,
Aquina Grover
Senior Financial Analyst
Physical Address
3555 Timmons Lane, Suite 120
Houston, Texas 77027-6466
Phone 713-627-3200
Houston -Galveston Area Council
P.O. Box 22777 •3555 Timmons • Houston, Texas 77227-2777
NOTICE TO PROCEED
To: Bill Eisen
City Manager, City of Pearland
3519 Liberty Drive
Pearland, TX 77581
Project DWI Selective Traffic Enforcement Program
Contract No.
Type of Contract Professional Services
Amount of Contract $22,959 (18,719 fed: 4,240 match)
You are hereby notified to commence work on the referenced contract on November 1, 20 13 and shall fully
complete all of the work of said contract on or before September 30, 20 14.
Dated this G day of
20 (3
By
Title Director of Transportation Planning
ACCEPTANCE OF NOTICE
Receipt of the foregoing Notice to Proceed is hereby acknowledged by
ha4N1
(Company/Entity Na e)
this D -D day of &t\tob ito,- 20 /3 .
By
Title
9v,