R-2015-175 2015-10-12RESOLUTION NO. R2015-175
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 12th day of October, A.D., 2015.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
Resolution No. R2015-175
Exhibit "A"
HOUSTON-GALVESTON AREA COUNCIL
GENERAL PROVISIONS
INTERGOVERNMENTAL AGREEMENT
Contract a %DoT, /6.0 6 0/-1 y
This Intergovernmental Agreement is made and entered into this 1st day of October 1, 2015, by and between the
Houston -Galveston Area Council, hereinafter referred to as H -GAC, having its principal place of busnes; a 3555
Timmons Lane, Suite 120, Houston, Texas 77027 aid The City of Pearland, hereinafter referred to as the
Contractor, having its principal place of busnes; at 3519 Liberty Drive, Pearland, TX 77581.
WITNESSETH:
WHEREAS, H -GAC hereby engages the Contractor to perform certa n services in accordaice 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 ani the Contractor do hereby agree as fdlouvs
ARTICLE 1 LEGAL AUTHORITY
The Contractor warants aid assures H -GAC that it posy adequate lege authority to enter into this Agreement.
The Contractor's governing body, where applicable, has authorized the sgnatory officia(s) to enter into this
Agreement aid bind the Contractor to the terms of this Agreernent and aiy subsequent amendments hereto.
ARTICLE 2 APPLICABLE LAWS
The Contractor agrees to conduct all activities under this Agreement in a cordatce with all applicable rules
regulations, directives, staldads ordinances and laws in effect or promulgated during the term of this Agreement.
Such staxiads aid I aws shat I i nd ude, to the extent appl i cabI e: the Uniform Grant aid Contract Management Sta dads
(" UGM S') promulgated by the State of Texas and the state aid 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
independe't status of H -GAC a the Contractor. No provison of this Agreement or at of H -GAC in performaiceof
the Agreement shall be construed as making the Contractor the agent. servant or ernployee of H -GAC, the State of
Texas or the United States Government. Employees of the Contractor ae subject to the exdusve control and
sjpervison of the Contractor. The Contractor issolely responsblefor employee payroll sand damsaisngtherefrom.
The Contractor shall notify H -GAC of the threat of lawsuit or of aiy actual suit filed against the Contractor pertaining
to this Agreement or which would adversely affect the contractor's acidity to perform ser vices under this Agreement.
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ARTICLE 4 WHOLE AGREEMENT
The General Provisions Sped al Provisions and Attachments, as provided herein, constitute the complete agreement
between the paties hereto, and supersede any and al oral and written agreements between the paties relating to
matters herein. Except as otherwise provided herein. this Agreement cannot be modified without written consent of
the paties
ARTICLE 5 SCOPE OF SERVICES
The services to be performed by the Contractor are outlined in the SpecialProvi s ons of thi s Agreement.
ARTICLE 6 PERFORMANCE PERIOD
This Agreement Mal be performed during the period which begins October 1, 2015 and axis September 30 2016.
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 Provisoes 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 faIs to satisfactorily
ruder performa lces hereunder. H -GAC may withheld payments otherwi se due and owing the Contractor hereunder.
If H -GAC withholds such payments it shall notify the Contractor of its de idon and the reasons therefor. Payments
withheld pursuant to this Article may beheld by H -GAC until such time as the delinquent obligations for which funds
ae withheld are fulfilled by the Contractor. The Contractor's falure to timely submit any report may also be
cons dered cause for termination of this Agreement.
ARTICLE 8 PAYMENTS
The Contractor agrees that payments ae predicated upon properly documented and verified proof of perfammce
delivered and costs incurred by the Contractor in accordance with the terms of this Agreement and sinal be pad in
accordacewith the Compensation Schedule in the Special Provisions
ARTICLE 9 NON FUNDING CLAUSE
Each payment obligation of H -GAC crated by this Agreement is conditioned upon theavalability of state or federal
funds appropriated or a I ocated for the payment of such obligations H -GAC shall not be otherwise obligated or I i abl e
for my future payments due or for any danages as a result of interruption of payment or termination under thi s A rti d e.
ARTICLE 10 INSURANCE
The Contractor shat mai ntan inairace coverage for work performed or services rendered under this Agreement as
specifiedinthe 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
anounts determined by H -GAC, its independent auditors or any agency of state or federal government to have been
pad in vi dation of the terms of this Agreement.
ARTICLE 12 SUBCONTRACTS
Except as may beast forth in the Speci al Provisions, the Contractor agrees not to subcontract, assign, transfer. convey,
sublet or otherwise disposeof thisAgreenelt or any right, title. obligation or interest it may have therein to any third
paty without prior written approver 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 shalI result in compliance with all
the terms and provi s ons of this Agreement as if the performance rendered was rendered by the Contractor.
ARTICLE 13 AUDIT
As a recipient of state or federal assidance through this Agreement. the Contractor acknowledges that it is subject to
the Sngle Audit Act of 1996, P.L. 98-502, (hereinafter referred to as "Audit Act"), OMB Circula No. A-133, and
the State of Texas S ngl e A udi t Circula incorporated in UGMS.
The Contractor shall have an audit made in accordance with the Sngle 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 S500,000
instate or federal financial assistance
The Contractor will provide H -GAC a copy of the angle audit. induding 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 government 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 standadsand ii procedures and guidelines of the reviewing or audit
agency(i es).
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 thai I ma nta n during the course of the work, complete and arxx rate records of all of the Contractor' s
costs and documentation of items which ae chageable 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.
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Deportment of Transportation and the U.S. Office of the Inspector General, shall have the right 1anyreasonable time
to inspect, copy and audit those records on or off the premien' by authorized representatives of its own or ay public
accounting firm seeded by it. The right of access to records is not limited to the required retention period, but shall
lad as long as the records are retained. Failure to provide access to records may be cause for termination of the
Agreement. The records to be thus manta ned and rata ned by the Contractor she I indude (without limitation): (1)
personnel and payroll records including socia security numbers and labor dassifications, accounting for total time
distribution of the Contractor' sernployeesworking full or pat time on the work. as well ascar>celIed 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) pad invoices and cancelled checks for materials purchased and for subcontractors and any other third
pati ed charges Addi ti onal l y, the State, the U ni ted States Government, and the r dul y-authori zed representati vas shai I
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 Artide 12 hereof, a provision to
the effect that the subcontractor agrees that H -GAC and its duly authorized representatives shorn. until the expiration
of four (4) yeas 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 i nvolving transactions relating to the subcontract.
ARTICLE 15 RETENTION OF RECORDS
The Contractor shall mantan ell records pertinent to this Agreement, induding but not limited to those records
enumerated in Artide 14. and all other financial. statistical, property, participant records, and supporting
documentation for a period of no less than four (4) cal enda yeas from the later of the date of acceptance of the final
contract closeout or the date of the final audit required under Artide 13 of this Agreement. If any litigation, clam,
negotiation, audit or other action involving the records has been stated before the expiration of the retention period.
the records shall be rola ned 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 CHANGESAND AMENDMENTS
Any alterations, additions, or deletions to the terms of this Agreement which are required by changes in federal law
or regulations ore automatically incorporated into this Agreement without written amendment hereto. and shall I become
effective on the date designated by such la+v 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 aid 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 fol I owi ng a rcumstances
A. Convenience
H -GAC may terminate this Agreement in whole or in pat without cause 1 ay time by written notice by
certified mal to the Contractor whenever for any reason H -GAC determines that such termination is in the
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best interest of H -GAC. Upon receipt of notice of termination, all services hereunder of the Contractor and
its employees and subcontractors shill cease to the extent specified in the notice of termination. In the event
of termination in whole, the Contractor shall prepae a final invoice within 30 day days of aich termination
reflecting the services actualIy performed which have not appeared on my prior invoice, such invoice shall
be satisfactory to the Executive Director orhisdesgnee H -GAC agrees to pay the Contractor, in accordance
with the terms of the Agreement. for services actually performed and ate., uing to the benefit of H -GAC, IC%
payment of any compensation previously pad.
The Contractor may cancel a terminate this Agreement upon thirty (30) days written notice by certified mal
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 fa herein, H -
GAC agrees to pay services herein specified on a prorated bass for work actually performed and invoiced in
accadancewith the terms of this Agreement, Iess payment of any compensation previously pad.
B. Default
H -GAC may, by written notice of default to the Contractor. terminate the whole or any pat of the Agreement
in any one of the f of l awi ng circumstances
(1) If the Contractor fails to perform the services herein specified within the time specified herein or
any extenson thereof: or
(2) If the Contractor fails to perform any of the other provisoes of this Agreement for any reason
whatsoever, or so fa I s to make progress or otherwi se vi d ates the Agreement that completion of the
cervi ces herein speci f i ed within the agreement tam is s gni f i cant) y endangered, and in either of these
two instances does not cure such failure within a period of ten (10) days (a such longer period
of time as may be authorized by H -GAC in writing) after receiving written notice by certified mal
of default from H -GAC.
In the event of such termination, all services of the Contracts and its employees and subcontractors shall
corse and the Contracts talI prepae a final invoice reflecting the services actually performed pursuant to
the Agreement which have not appeared on any prior invoice. Stich invoice must be satisfactory to the
Executive Director of H -GAC or his deslgnee 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, I csc payment of any compensation previ oust y pad and I any costs a damages i ncur red
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 pa -ties agree that slnould any provision of this Agreement be determined to be invalid or unenforceable, such
determination shall not affect my other tam of this Agreement, which mall continue in full force and effect.
ARTICLE 19 COPYRIGHTS
The state or federal awading 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
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(a) The copyright of all maps, data reports research or other work developed under this Agreement:
and
(b) Any copyrights or rightsof use to copyrighted material which the Contractor purchases wi th funding
under this Agreement. All such data and material shall be furnished to H -GAC on request.
ARTICLE 20 OWNERSHIP OF MATERIALS
Except as may be specified in the Special Provisons all data. reports, reseach. etc.. developed by the Contractor as
a pat of its work under thisAgreement shall become the property of the H -GAC upon completion of this Agreement.
a in the event of termination or cancellation hereof, at the time of payment under ARTICLE 8 for work performed.
All such data and material shalI be furnished to H -GAC on request.
ARTICLE 21 FORCE MAJEURE
To the extent that either paty to this Agreement shall be wholly or partially prevented from the performance within
the term specified of any obligation or duty placed on such paty by reason of a through strikes stoppage of labor.
riot. fire, flood, ads of wa. insurrection, accident. order of any court. ad of God. or specific causereasonably beyond
the party's control and not attributable to its neglect or nonfeasance, in such event. the time for the performance of
such obligation a duty small besuspended until such disability to perform is removed. Determination of face majeure
small 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 bass 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 disrimination on the bads of sex: (c) Section 504 of the Rehabilitation Ad of
1973, as amended (29 U. SC. § 794), which pr ohi bi is di scr i mi nati on on the bas s of haadi caps and the A meri cans with
Disabilities Act of 1990: (d) the Age Discrimination Act of 1974, as aneided (42 U.S.C. §§ 6101-6107), which
prohibits discrimination on the bass of age: (e) the Drug Abu Office and Treatment Act of 1972 (P. L. 92-255), as
amended, relating to nondiscrimination on the bass of drug abuse; (f) the Comprehendve Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616). as anended, relating to the
nondiscrimination on the bass 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
nondi scr i mi nation i n t he sale rental or f i nand ng of hour ng: (I) any other nondi son i mi nation provi s ons in any ec f i c
statutes) applicable to any Fedeal funding fa this Agreement: (j) the regulations of the United States Deportment
of Transportation as they relate to non-discrimination (49 CFR Pat 21 orad 23 CFR Pat 200), and Executive Order
11246 titled "Equal Employment Opportunity," as amended by Executive Order 11375 and supplemented in the
Department of Labor Regul ati ons (41 CFR Pat 60): and (k) the requi rements of any other nondiscrimination statutes)
which may apply to this Agreement.
ARTICLE 23 CONFLICT OF INTEREST
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No office, mernber 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 responsibi l i ti es i n the review
or approval of this Agreement, shalI patidpate in any decision relating to this Agreement which affects his or he
pesonal interest, or shall have ay personal cc pecuniay 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 i nfl uence in ay manner a member of
Congress to favor or oppose any Iegi sill on or appropriation by Congress, or for lobbying with state or local Iegidators
The Contractor, if a recipient of federal assistance exceeding S100,000 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 pad or will be pad 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 Congres;, or an employee of a Member of Congrcin 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 pad to any person for
i of I uenci ng or attempting to i of I uence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress or an employee of a Manby of Congros; 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 mall 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 i s a pr aequi site f or making or entering into thi s tr ansacti on 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 morethan $100,000 for each such failure.
ARTICLE 25 SECTARIAN INVOLVEMENT PROHIBITED
The Contractor shall ensure that no funds under this Agreement ere used. ether 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 saf eguards against fraud aid
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 aspected fraud. abuse or other criminal activity through the filing of a written
report within twenty-four (24) hours of knowledge thereof aid 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.
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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 afull investigation
of AI 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 Artide, or pat of this Agreement.
ARTICLE 28 ACKNOWLEDGEMENT OF FUNDING SOURCE
The Contractor shall give credit to Federal Transit Administration (FTA), Federal Highway Administration (FHWA),
Texas Deportment of Transportation (TxDOT), National Highway Traffic Safety Administration (NHTSA) and H -
GAC as the funding source for this Agreement in all or presentations written documents, publicity, and
advertisements regading any of the Contractor's activities which an se from this Agreement.
ARTICLE 29 DISPUTES
Any and all disputes concerning questions of fact or of lay aisng under thisAgreanent which ere not disposed of by
agreement shall be dedded by the Executive Director of H -GAC or his designee; who dial! reduce his dedson to
writing aid provide notice thereof to the Contractor. The dedson of the Executive Director or his designee shall be
final and condusve unlem 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 thisArtide, the Contractor
shall be afforded an opportunity to behead and offer e✓idencein support of its position. The dedson of the Executive
Director after any such rehearing shctl be final and conclusive. The Contractor may, if it elects to do so, appeal the
final and conclusive ded s on of the Executive D i r ector to a court of competent j ur i sdi cti on. Pending f i nal decision of
a c saute hereunder. the Contractor slat I proceed diligently with the performance of the Agreement and in accordance
with H-GAC'sfind decision.
ARTICLE 30 GOVERNING LAW; VENUE
This Agreement shall be governed by the laws of the State of Texas Venue and jurisdiction of aiy suit or cause of
action aisng under or in connection with the Agreement shall lieexdusvely in HarisCounty, Texas, unless the laves
of the State of Texas specifically establish venue in some other county.
ARTICLE 31 ORDER OF PRIORITY
In the case of ay conflict between the General Provision. the Special Provisions axi Attachments to this Agreement.
the following order of priority shall be utilized: Specie( Provision, General Provisions and Attachments
H -GAC and the Contractor have executed the Agreement as of the date first written above.
H--GAC-10'98
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Contract #77)077/6,06 o/—/y
Date Date
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SPECIAL PROVISIONS
INDEX
1. Compensation
2. Contractor Personnel
3. Inspection of Work
4. Proprietary Rights
5. Insurance
6. Progress Reports
7. Disadvantaged Business Enterprises
8. Title VI Assurance
9. Compliance with Laws
10. Energy Policy
11. Clean Air Act and Federal Water Pollution Control
Act Requirements
12. Debarred Bidders
13. Drug -Free Workplace
Resolution No. 2015-175
Exhibit "A"
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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
Eleven Thousand Dollars (S11.000).
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 - $1,540.00
ii. Social Security Tax: 62 percent of wages - $682.00
iii. Medicare Tax: 1.45 percent of wages - $159.00
iv. Workers' Compensation: 1_0 percent of wages - $110.00
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v. Vehicle Mileage Rate: S0.575 per mile (adjusted based on Comptroller's Rate)
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 Rov Castillo. 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.
(1)
7. DISADVANTAGED BUSINESS ENTERPRISES
Policy. It is the policy of the Department of Transportation (DOT) that disadvantaged business enterprises as
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
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H -GAC -10/98; 3/05—SpecProvtA
Part 26 have the maximum opportunity to participate in the performance of contracts and subcontracts financed
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 he 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:
(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
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H -GAC -10/98; 3105—SpecProv
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 1I -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 ae prohibited from making any award at any tier to any party that is debarred or suspended or otherwise
ecd uded from or ineligible for pati cipati on in Federal Ass stance Programs under Executive Order 12549,
"Debarment and Suspension." By executing this agreement, the Local Government certifiesthat itis 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 ecduded from or ineligible for participation in Federal Asistance Programs under Executive Order
12549. The pa -ties to this contract shall require any party to a subcontract or purchase order awaded under this
contract to certify its eligibility to receive federal funds aid, when requested by the State; to furnish a copy of the
certi fi tali on.
13. DRUG-FREE WORKPLACE
The Contractor agrees that if the Contractor is a recipient of more than 525,000 in federal assistance through an H -GAC
page' 4 of 5
H -GAC -10198; 3/05—spccProv-IA
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.
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H -GAC -10/98; 3105—SpecProvtA
ATTACHMENT A - SCOPE OF SERVICES
REGIONAL DWI TASK FORCE
RESPONSIBILITIES OF PARTICIPATING AGENCIES:
The following are a list of expectations for officers and agencies interested in participating in the
Regional DWI Task Force. This list is based on TxDOT's requirements for Selective Traffic
Enforcement Program (STEP) Grants:
A. 11 -GAC will serve as the administrator of the STEP Grant. H -GAC will be responsible
for the following activities in the grant's administration:
1. Setting up pre -Task Force meetings with participating agencies to discuss
participation, protocols, and operational specifics;
2. Setting up post -Task Force meetings to debrief enforcement activities;
3. Determining how many officers will be participating on an enforcement weekend;
4. Collecting requests for reimbursement, along with associated backup
documentation;
5. Submitting requests for reimbursement to TxDOT;
6. Reimbursing agencies for work performed upon receipt of funds from TxDOT;
7. Report on Task Force performance to TxDOT and to Task Force members.
B. Task Force activities will occur during the following periods:
1. Halloween — October 23 - November 2, 2015
2. Christmas/New Years — December 18, 2015 - January 3, 2016
3. Spring Break/Rodeo/St. Patrick's Day — March 4-21, 2016
4. Memorial Day — May 23 - June 5, 2016
5. July 4th — June 24 - July 5, 2016
6. Labor Day — August 19 - September 5, 2016
C. Participating agencies will be expected to assist H -GAC in carrying out all performance
measures established in the grant, including fulfilling the law enforcement objectives by
implementing the Operational Plan contained in this Grant Agreement.
D. Participating agencies will be expected to submit all required reports to H -GAC fully
completed with the most current information, and within the required times, as defined in
the agency's Agreement with H -GAC and as required by TxDOT. This includes reporting
to H -GAC on progress, achievements, and problems in post -operational Performance
Reports and attaching necessary source documentation to support all costs claimed in
Requests for Reimbursement (RFR).
Page 1 of 3
E. Participating agencies will be expected to attend H -GAC and TxDOT grant management
training, when required.
F. Participating agencies will be expected to attend meetings according to the following:
1. H -GAC will arrange for Task Force meetings in order to meet with participating
agencies prior to an enforcement event to discuss procedures, protocols, and
operational specifics relating to the event (e.g. enforcement area determination,
intake facility locations, etc.). Depending on the enforcement wave timing, two
waves may be addressed at the same meeting.
2. H -GAC will arrange for Task Force meetings to meet with participating agencies
to present status of activities and to discuss problems and the schedule for the
following enforcement event's work.
3. H-GAC's project director or other appropriate qualified persons will be available
to represent participating agencies at meetings requested by the TxDOT.
G. Participating agencies will be expected to support grant enforcement efforts with public
information and education (PI&E) activities. Salaries being claimed for PI&E activities
must be included in the budget.
H. Participating agencies must maintain verification that all expenses, including wages or
salaries, for which reimbursement is requested is for work exclusively related to this
project and adhere to the respective overtime policies established by each agency.
I. Participating agencies, to comply with TxDOT matching fund requirements, will supply
the following information (if applicable) associated with the time worked by agency
personnel:
1. Retirement match paid by agency
2. Workers Compensation insurance
3. Social Security Tax
4. Medicare Tax
5. Health Insurance
6. Vehicle Mileage for shift
7. Indirect Costs
J. Participating agencies will be expected to ensure that this grant will in no way supplant
(replace) funds from other sources. Supplanting refers to the use of federal funds to
support personnel or any activity already supported by local or state funds, or other
sources of agency revenue.
K. Participating agencies will be expected to ensure that each officer working on the STEP
project will complete an officer's daily report form. The form should include at a
minimum: name, date, badge or identification number, mileage (including starting and
ending mileage), hours worked, type of citation issued or arrest made, officer and
supervisor signatures. Each officer will need to complete an overtime slip from his or her
agency as well, which must be approved by the supervisor.
Page 2 of 3
L. Participating agencies will be required to identify a supervising officer for each shift
being worked by the agency.
M. Participating agencies will be expected to ensure that no officer above the rank of
Lieutenant (or equivalent title) will be reimbursed for enforcement duty, unless the
participating agency received specific written authorization from both H -GAC and
TxDOT, through eGrants system messaging, prior to incurring costs.
N. Participating agencies must submit a summary reimbursement request form to H -GAC
within eighteen (18) days of the end of the enforcement weekend for reimbursement.
With this reimbursement request form shall be attached all of the agency's daily report
forms, copies of overtime slips, and copies of the agency's CAD system shift report for
the shifts worked. The reimbursement submission must be certified by the agency's
financial officer. Failure to submit this information in a timely manner will hold up
reimbursements for all participating agencies.
O. Participating agencies may work additional STEP enforcement hours on holidays or
special events not covered under the Operational Plan. However, additional work must be
approved in writing by H -GAC and TxDOT, through eGrants system messaging, prior to
enforcement. Additional hours must be reported in the Performance Report for the time
period for which the additional hours were worked.
P. An enforcement shift shall be no longer than eight (8) hours. Shift length will be
determined prior to the shift. However, if an officer makes a STEP -related DWI arrest
during the shift, but does not complete the arrest before the shift is scheduled to end, the
officer can continue working under the grant to complete that arrest.
Q.
Participating agencies should have a safety belt use policy. If a participating agency does
not have a safety belt use policy in place, a policy should be implemented, and a copy
maintained for verification during the grant year.
R. Officers working DWI enforcement must be trained in the National Highway Traffic
Safety Administration/International Association of Chiefs of Police Standardized Field
Sobriety Testing (SFST).
S. Participating agencies should have a procedure in place for contacting and using drug
recognition experts (DREs) when necessary.
T. Participating agencies will be expected to follow its own policies and procedures, as well
as to enforce and comply with all federal, state, and local laws and regulations.
U. This grant is a multi -agency effort, requiring all participants to make a diligent effort to
patrol and apprehend offenders. Failure of an officer to do so may result in the overall
non -achievement of goals, jeopardizing the future ability of being awarded similar grants
in the future. If it is deemed that an officer is not producing results, that officer may be
denied future shifts during the grant period.
Page3of3
Houston -Galveston Area Council
P.O. Box 22777 • 3555 Timmons • Houston, Texas 77227-2777
NOTICE TO PROCEED
To: Clay Pearson, City Manager
City of Pearland
3519 Liberty Drive
Pearland, TX 77581
Project DWI Selective Traffic Enforcement Program (STEP)
Contract No. TDOT.16.0601-14
Type of Contract Professional Services
Amount of Contract $13,491 (11,000 fed; 2,491match)
You are hereby notified to commence work on the referenced contract on October 1, 20 15 and shall fully
complete all of the work of said contract on or before September 30, 20 16 .
Dated this %7 /`"- day of ✓ b.c. 20 �� .
e49By
Title Director of Transportation Planning
ACCEPTANCE OF NOTICE
Receipt of the foregoing Notice to Proceed is hereby acknowledged by
City of Pearland
(Company/Entity Name)
this 23rd day of November 2015