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HomeMy WebLinkAboutContract 33040 CITY SECRETARY,' CONTRACT NO. INTERLOCAL COOPERATIVE AGREEMENT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT That the NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS, acting through R. Michael Eastland, its duly authorized Executive Director, the foregoing party being hereinafter referred to as NCTCOG, and Joe Paniagua, acting through the CITY OF FORT WORTH, its duly authorized Assistant City Manager, the latter party being referred to hereinafter as CITY, hereby make and enter the following Agreement through the authority of the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code. ARTICLE I COVENANT The CITY covenants and agrees to perform the technical and professional work for Enhanced Enforcement to Support the Truck Lane Pilot Study as a part of the 2004-2005 Unified Planning Work Program for Regional Transportation Planning in North Central Texas. The work to be performed under this Agreement is described in detail in the Scope of Services in Appendix A of this Agreement. Such work shall be performed in accordance with the terms of this Agreement and for the consideration stated herein. The CITY covenants and agrees to perform this work and assures that the work will be accurate and performed according to the schedule shown in Appendix A. The CITY also agrees to submit the reports described in Appendix A. To conduct the work and prepare all of the various maps, reports, and data required as part of the work, the CITY agrees to furnish and supervise such personnel as are required to accomplish the work set forth in Appendix A. ARTICLE II SCOPE OF SERVICES The CITY shall perform and carry out in a manner satisfactory to NCTCOG all services necessary to accomplish the work and provide the products described in the Scope of Services in Appendix A, which is incorporated herein by reference and is hereby made a part of this Agreement. The Scope of Services to be performed by the CITY and the schedule for that work shall be further defined by any conditions set forth in written Notices to Proceed provided by NCTCOG. ARTICLE III ADDITIONAL PROVISIONS All maps, data, reports, research documentation, graphic presentation materials, etc., prepared by the CITY as part of the work under this Agreement shall become the property of NCTCOG upon completion of this Agreement or any phase thereof or, in the event of termination under Article X hereof, at the time of payment in accordance with Article X. 2 All reports published by the CITY shall contain a prominent credit reference to the Texas Department of Transportation and the U.S. Department of Transportation, Federal Highway Administration, and Federal Transit Administration: Prepared in cooperation with the Texas Department of Transportation and the U.S. Department of Transportation, Federal Highway Administration and Federal Transit Administration. The contents of this report reflect the views of the authors who are responsible for the opinions, findings, and conclusions presented herein. The contents do not necessarily reflect the views or policies of the Federal Highway Administration, the Federal Transit Administration, or the Texas Department of Transportation. Upon completion or termination of this Agreement, all documents prepared by the CITY shall be delivered to and become the property of NCTCOG. All such documents, photographs, calculations, programs, and other data prepared or used under this Agreement shall be used by NCTCOG and the Texas Department of Transportation without restriction or limitation of further use. The CITY shall not assign any interest in this Agreement nor delegate the performance of any of its duties hereunder without the prior written consent of NCTCOG, and any attempted assignment or delegation without prior written consent of NCTCOG shall be void. By the first day of each month, the CITY shall provide to NCTCOG a monthly invoice including a written progress report for the preceding calendar month's work. Each Progress Report shall briefly describe the work accomplished, problems arising, proposed remedies for those problems, products completed, and the status of the schedule and budget for the project. The parties hereto may, as necessary, change the scope of services, time of performance, CITY's compensation, or any other provision of this Agreement only by written amendment 3 approved by NCTCOG and the CITY. The CITY shall notify NCTCOG verbally and in writing immediately when the CITY anticipates that 75 percent of the funds provided for this Agreement have been expended. A regular employee of the CITY shall be assigned responsible charge of the performance of work under this Agreement and designated as CITY'S project manager. The personnel listed in Appendix B of this Agreement shall be provided by the CITY for within fifteen (15) percent of the time for each individual indicated in Appendix B. Changes in personnel listed in Appendix B must be approved in writing by NCTCOG. ARTICLE IV TIME OF PERFOR .,BICE The CITY agrees to commence work on thig�project within fifteen (15) days after receipt of written Notice to Proceed from NC',COG. All work under the Agreement shall be completed within the time period specified in Appendix A, except as modified by subsequent Notices to Proceed from NCTCOG. ARTICLE V ALLOWABLE COST The total cost to NCTCOG for performance of the work under this Agreement shall not exceed Forty-one Thousand Dollars ($41,000) and the CITY agrees to perform the work specified in Appendix A and all other obligations under this Agreement for no more than this cost. NCTCOG shall not be obligated to pay the CITY any costs in excess of this cost except as amended in accordance with Article III. Any compensation due to the CITY for performance of this Agreement must be approved in accordance with Articles V and VI of this Agreement and 4 shall be payable only after approval of this project by NCTCOG and receipt of grant funds from its funding agencies. There shall be no obligation whatever to pay for performance of this Agreement from the monies of NCTCOG. The CITY shall be paid allowable costs, as outlined below, for the performance of work under this Agreement. Allowable costs are the direct and indirect costs incurred in or allocable to the performance of the services under this Agreement and are the type of charges that would be allowable under 49 CFR, Part 19. Section 27 (FAR 31). 1. Direct Costs a. Personnel. The CITY shall be reimbursed for the services of personnel working on this project for the time such personnel work on those projects. The reimbursement for personnel shall be the salary of record paid to said personnel by the CITY during the time of their performance on this Agreement. b. Travel Expenses and Subsistence. The CITY 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 Agreement. Transportation costs shall be reimbursed at the lowest reasonably available fare, but in no case more than coach class or comparable fare. Transportation by private automobile shall be reimbursed at the rate of thirty-five (35) cents per mile. The actual costs for subsistence shall be reimbursed, but subsistence reimbursements, excluding car rental, shall not exceed $125.00 per day. Rental car expenses shall be reimbursed at actual cost of compact car. 5 c. Other Direct Costs. The CITY shall be reimbursed for the actual amount of other costs or expenses incurred and certified as directly related to and. necessary for performance of this Agreement. This reimbursement shall not exceed the amount shown in Appendix B. The CITY shall notify NCTCOG in writing of any changes in auditable direct costs. d. Subcontractors. The CITY shall be reimbursed for the costs and fee charged to the CITY by subcontractors for work on this project. Only costs for those subcontractors shown in Appendix B shall be eligible for reimbursement, and reimbursements for subcontractor costs shall not exceed the amounts shown in Appendix B. The subcontractors and associated costs in Appendix B may be amended if approved in advance in writing by NCTCOG. Subcontractor costs to be reimbursed are limited by the provisions in this Agreement applying to allowable costs incurred by the CITY. P 2. Indirect Costs/Overhead The CITY shall be reimbursed for indirect expenses, overhead, and personnel benefits at the rates shown in Appendix B. The rates in Appendix B may be amended from time to time if approved in advance in writing by NCTCOG. 3. Fixed Fee/Profit The CITY shall be reimbursed for the fixed fee or profit as negotiated and stated in Appendix B. ARTICLE VI PAYMENTS For the performance of this Agreement, NCTCOG shall pay the CITY allowable costs in accordance with the terms and conditions set forth in Article V above and as certified by the CITY in monthly invoices. The CITY shall submit invoices by the first day of each month for all expenses incurred through the twenty-fifth (25th) day of the preceding month. Documentation for all claimed expenses shall accompany all invoices. Documentation includes, but is not limited to, labor summary reports, receipts, vendor invoices, and expense reports. NCTCOG shall pay the CITY the amount of costs claimed and certified on each invoice, subject to approval of claimed costs by NCTCOG. Payment shall be made within thirty (30) days provided NCTCOG receives the invoice by the first day of the month and payment is received from NCTCOG'S funding agency within that specified period. In the event payment is not received from NCTCOG's funding agency within that specified period, payment shall be made to the CITY within five (5) days of receipt of payment from the funding agency. 7 When the project has been completed to the satisfaction of NCTCOG, the CITY shall submit an invoice clearly labeled "Final Invoice" and claiming any remaining allowable costs and the fee specified above. ARTICLE VII RECORDS The CITY and its subcontractors shall maintain complete and accurate records of allowable costs incurred under this Agreement and shall make such materials available at its office during the period covered and for three years from the date of final payment under the Agreement. Such materials shall be made available during the specified period for inspection by NCTCOG, the Texas Department of Transportation, the U.S. Department of Transportation and the Office of the Inspector General, and any of their authorized representatives for the purpose of making audits, examinations, excerpts, and transcriptions. All such records shall be maintained on a generally accepted accounting basis and shall be clearly identified and readily accessible. ARTICLE VIII U.S. DEPARTMENT OF TRANSPORTATION REQUIREMENTS A. Audit and Inspection of Records. The CITY shall permit the authorized representatives of NCTCOG, the Texas Department of Transportation, the U.S. Department of Transportation, and the Comptroller General of the United States to inspect and audit all data records of the CITY relating to CITY'S performance under the Agreement until the expiration of three (3) years after final payment and resolution of audit under this Agreement. The CITY shall transmit this data to NCTCOG upon request. The CITY further agrees to include in all subcontracts hereunder a provision to the effect that the subcontractor agrees that NCTCOG, the Texas Department of Transportation, the U.S. 8 Department of Transportation, and the Comptroller General of the United States or any of their duly authorized representatives shall, until the expiration of three (3) years after final payment and resolution of audit under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers, and records of subcontractor, involving transactions related to the subcontractor. The subcontractor shall transmit all data records to NCTCOG upon request. The term "subcontract" as used in this clause excludes (1) purchase orders not exceeding $10,000 and (2) subcontracts or purchase orders for public utility services at rates established for uniform applicability to the general public. The CITY shall be responsible for any funds determined to be ineligible for reimbursement under this Agreement, and shall reimburse NCTCOG the amount of such funds previously provided to it by NCTCOG. B. Inspection of Work. NCTCOG, the Texas Department of Transportation, the U.S. Department of Transportation, and any authorized representative thereof, have the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. If any inspection or evaluation is made on the premises of the CITY or its subcontractor, the CITY shall provide and require its subcontractor to provide all reasonable facilities and assistance for the safety and convenience of the inspectors in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work. 9 C. Interest of Members of Congress. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefit arising therefrom. D. Interest of Public Officials. No member, officer, or employee of the public body or of a local public body during his tenure or for one year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. E. Noncollusion. The CITY warrants that it has not employed or retained any company or person, other than a bona fide employee working for it, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. If the CITY breaches or violates this warranty, NCTCOG shall have the right to annul this Agreement without liability or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, brokerage fee, gift, or contingent fee. F. Gratuities. Any person doing business with or who, reasonably speaking, may do business with NCTCOG, the Texas Department of Transportation, or the U.S. Department of Transportation under this Agreement may not make any offer of benefits, gifts or favors to employees of NCTCOG, the Texas Department of Transportation, or the U.S. Department of Transportation. Failure on the part of the CITY to adhere to this policy may result in termination of this Agreement. 10 G. Debarment/Suspension. The CITY is prohibited from making any award or permitting any award at any tier to any party which is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, Debarment and Suspension. The CITY and its subcontractors shall comply with the special provision "Certification Requirements for Recipients of Grants and Cooperative Agreements Regarding Debarments and Suspensions," which is included as Appendix J of this agreement. H. Restrictions on Lobbying. Pursuant to Section 319 of Public Law 101-121, which generally prohibits recipients of federal funds from using those monies for lobbying purposes, the CITY shall comply with the special provision "Restrictions on Lobbying," which is included as Appendix K of this agreement. 1. Environmental Protection and Energy Efficiency. The CITY agrees to comply with all applicable standards, orders or requirements issued under Section 306 of the Clean Air Act (42 USC 1957 [h]); Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738 and Environmental Protection Agency regulations (40 CFR, Part 15). The CITY further agrees to report violations to NCTCOG. J. Nondiscrimination on the Basis of Disability. The CITY agrees that no otherwise qualified disabled person shall, solely by reason of his disability, be excluded from participation in, be denied the benefits of, or otherwise be subject to discrimination under the project. The CITY shall insure that all fixed facility construction or alteration and all new equipment included in the project comply with applicable regulations regarding Nondiscrimination on 11 the Basis of Disability in Programs and Activities Receiving or Benefiting from Federal Financial Assistance, set forth in 49 CFR, Part 27 and any amendments thereto. K. Control of Drug Use. CITY agrees to comply with the terms of the Federal Transit Administration regulation, "Control of Drug Use in Mass Transportation Operations," set forth in 49 CFR, Part 653. L. Equal Employment Opportunity. As required by 41 CFR, Part 60, the CITY shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin. The CITY shall take affirmative actions to ensure that applicants are employed, and that employees are treated, during their employment, without regard to their race, religion, color, sex, or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CITY further agrees to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. M. Disadvantaged Business Enterprise. It is the policy of the U.S. Department of Transportation that Disadvantaged Business Enterprises as defined in 49 CFR, Part 26, Subpart A, 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, exclusive of Subpart D, apply to this agreement. NCTCOG and its subcontractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR, Part 26, Subpart A, have the maximum 12 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, NCTCOG and its subcontractors shall take all necessary and reasonable steps in accordance with 49 CFR, Part 26, exclusive of Subpart D, to ensure that Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. NCTCOG and its subcontractors shall not discriminate on the basis of race, creed, color, national origin, sex, or disability, in the award and performance of contracts funded in whole or in part with federal funds. These requirements shall be physically included in any subcontract entered into by the CITY. Failure to carry out the requirements set forth shall constitute a breach of Agreement and may result in termination of the Agreement by NCTCOG or other such remedy as NCTCOG deems appropriate. N. Compliance with Regulations. During the performance of this Agreement, the CITY, for itself, its assignees, and successors agrees to comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21 and Title 23, Code of Federal Regulations, Part 420.121(m), 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 Agreement. Compliance with these Regulations shall be accomplished in the manner more particularly set out hereinafter in Appendix C of this Agreement. 13 O. Substitution of Subcontractors. NCTCOG must approve all substitutions of subcontracts and will determine if the disadvantaged business enterprise percentage goal will be decreased by substituting a majority contractor for a disadvantaged business contractor. P. Disputes and Remedies. Should disputes arise concerning the Scope of Services or additional work to be performed under this Agreement, the CITY and NCTCOG shall negotiate in good faith toward resolving such disputes. NCTCOG shall be responsible to its funding agencies for the settlement of all contractual and administrative issues arising out of procurement entered into in support of the Unified Planning Work Program. Violation or breach of Agreement terms by the CITY may be grounds for termination, and should said disputes be irreconcilable, NCTCOG shall terminate the agreement by default. Any increased costs arising from the termination shall be paid by the CITY. Q. Property Management and Procurement Procedures. CITY shall comply with procurement standards for federal programs contained in 49 CFR 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements with State and Local Governments," as may be revised or superseded. R. Copyrights. Except as otherwise provided in the terms and conditions of the Agreement, NCTCOG is free to copyright any books, publications, or other copyrightable materials developed in the course of or under a federal agreement. Except as otherwise provided in the terms and conditions of the Agreement, the federal grantor agency shall reserve a royalty-free nonexclusive and irrevocable right to produce, publish, or otherwise use, and to authorize others to use, the work for government purposes. 14 v'J ! S. Subcontracts. The prime contractor is required to perform all work except specialized services or other tasks specifically exempted in the Agreement, except that governmental recipients of 23 U.S.C. 104(f) or 402 funds may subcontract as necessary to accomplish approved work program activities. All subcontracts exceeding $10,000 in cost shall contain all required provisions of the prime Agreement. ARTICLE IX INDEMNIFICATION To the extend permitted by law, the CITY covenants and agrees to indemnify and hold harmless and defend and does hereby indemnify, hold harmless, and defend NCTCOG, its officers and employees, from and against any and all suits or claims for damages or injuries, including death, to persons or property, whether real or asserted, arising out of any negligent act or omission on the part of the CITY, its officers, agents, servants, employees, or subcontractors, and the CITY does hereby assume all liability for injuries, claims or suits for damages to persons, property, or whatever kind of character, whether real or asserted, occurring during or arising out of the performance of this Agreement as a result of any negligent act or omission on the part of the CITY, its officers, agents, servants, employees, or subcontractors. ARTICLE X TERMINATION OF AGREEMENT NCTCOG may terminate this Agreement, or any portion of it, by serving a notice of termination on the CITY which shall be effective on the date of the receipt of the notice of termination. The notice shall state whether the termination is for convenience of NCTCOG or for default of the CITY. If the termination is for default, the notice shall state the manner in which the CITY has 15 failed to perform the requirements of the Agreement. The CITY shall account for and return to NCTCOG any property in its possession paid for from funds received from NCTCOG, or property supplied to the CITY by NCTCOG. The CITY shall promptly submit its termination claim for reimbursement to NCTCOG, and the parties shall negotiate the termination settlement to be paid. If the termination is for the convenience of NCTCOG, the CITY shall be paid its costs up to the time of notice to stop work, reasonable Agreement close-out costs, and a pro rata portion of the fee which reasonably reflects the quantity and quality of work performed up to the time of termination. If, after serving a notice of termination for default, NCTCOG determines that the CITY has an excusable reason for not performing, such as a strike, fire, flood, events which are not the fault of and are beyond the control of the CITY, NCTCOG, after setting up a new work schedule, may allow the CITY to work, or treat the termination as a termination for convenience. ARTICLE XI LEGAL CONSTRUCTION In case any one or more of the provisions contained in this agreement shall for any reason held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions thereof, and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE XII VENUE Venue and jurisdiction of any suit, right, or cause of action arising under or in connection with this Agreement shall lie exclusively in Tarrant County, Texas. 16 ", , lr IN WITNESS HEREOF, the parties hereto have executed this Agreement in duplicate original at Arlington, Tarrant County, Texas, the—12! _day of �JM , 200-a. NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS APPROVED AS TO FORM AND LEGALITY: Attorney U V Ex cutive Director THE CITY OF FORT WORTH ATTEST: Assista t Ci Man r APPROVED AS TO FORM AND, LEGALITY: ;, '; TANT CITY ATTORNEY Contract Authori atiox \ -- (- . --- Date 17 APPENDIX A SCOPE OF SERVICES 17 .o SCOPE OF SERVICES -TRUCK LANE PILOT STUDY BACKGROUND The Texas Legislature passed legislation in 1997 allowing for truck lane restrictions and updated this legislation on June 20, 2003, to provide more flexibility in these restrictions. A project similar to this study was successfully implemented along I.H. 10 in Houston,Texas. Additionally, there are other like applications in Texas and nationwide. OBJECTIVE To document the impacts of truck lane restrictions and make recommendations on the applicability of truck lane restrictions and dedicated truck lanes within the Dallas-Fort Worth region. STUDY DESIGN Traffic conditions will be evaluated over 30 days (full 24-hour periods)for each of the four phases: 1. Without restrictions and without added enforcement 2. Without restrictions and with added enforcement 3. With restrictions and with added enforcement 4. With restrictions and without added enforcement Evaluated data will include fatalities, injuries, citations, ramp queuing, and travel speeds. ROLE OF NCTCOG NCTCOG will provide a variety of regional coordination activities to support the project which include: 1. Serve as the Contract Manager for the consultant contract and overall Project Manager 2. Administrative coordination of public outreach meetings, working group meetings, and related policy or committees of the Regional Transportation Council 3. Archiving of mobile video streams on the truck lane restriction test sections 4. Analyzing previous crash and citation data 5. Evaluating the public's perception of.the success of the left lane restrictions 6. Lead coordination with all partners and key impacted stakeholders 7. Development of final documentation in overall study methodology 8. Incorporation of study results and long-range planning ROLE OF LOCAL GOVERNMENTS City of Fort Worth will provide the following: 1. Previous crash and citation data for analysis of historical trends on the test sections 2. Official resolutions supporting a truck lane restriction pilot study and enforcement on the test sections 3. Dedicated law enforcement at four times normal levels for enhanced enforcement phases of this project, including commercial motor vehicle and motor assistance patrol units, and enforcement of excessive motor vehicle emissions offenses to the extent applicable by law 4. Support for"Opening Day"media event, including enforcement team and media coordination contact person for further media questions or comments c LI 7 Q APPENDIX B BUDGET CITE Fye CONTRACT PRICING PROPOSAL Office of Management and Budget (RESEARCH AND DEVELOPMENT) Approval No.29-R0184 This form is for use when(i)submission of cost or pricing data(see FPR 1-3.807-3)is required and(ii) PAGE NO. JNO-OFPAGES substitution for the Optional Form 59 is authorized by the contracting officer. 1 2 NAME OF OFFEROR SUPPLIES AND/OR SERVICES FURNISHED Fort Worth Police Department Enhanced Enforcement to Support the Truck Lane Pilot Study HOME OFFICE ADDRESS 350 W.Belknap Street Fort Worth,Texas 76102 DIVISION(S)AND LOCATION(S)WHERE WORK:IS TO BE TOTAL AMOUNT OF GOVT SOLICITATION NO. Traffic Division PROPOSAL n/a $40,578 DETAIL DESCRIPTION OF COST ELEMENTS O L REFER- 1 DIRECT MATERIAL Itemize on Exhibit A EST COST $ EST.COST ENCE a. PURCHASED PARTS b. SUBCONTRACTED ITEMS c. OTHER - (1) RAW MATERIAL (2) YOUR STANDARD COMMERCIAL ITEMS (3) INTERDIVISIONAL TRANSFERS(At other than cost) TOTAL DIRECT MATERIAL $0 2.MATERIAL OVERHEAD (Rate °/;x base=) $0 ESTIMATED RA EST 3. DIRECT LABOR(Specify) HOURS HOUR' COST$ Motor Patrol Team(40 hours each for 9 Off ice rs/Sgts) 360 $67.83 $24,418 Commercial Veh Ops Team(40 hours each for 5 Off icers/Sgts) 200 $80.80 $16,160 so $0 $0 $0 $0 $0 TOTAL DIRECT LABOR $40,578 4.LABOR OVERHEAD(Specify Department or Cost Center) O.H.RATE X BASE= EST COST($) $40,578 $0 TOTAL LABOR OVERHEAD $0 5.SPECIAL TESTING(Including field work at Government installations) EST COST(S) TOTAL SPECIAL TESTING $0 6. SPECIAL EQUIPMENT(if direct charge) (itemize on Exhibit A) $0 7.TRAVEL(if direct charge) (Give details on attached Schedule) EST COST($) a. TRANSPORTATION b. PER DIEM OR SUBSISTENCE TOTAL TRAVEL so 8.CONSULTANTS(Identify-purpose-rate) EST COST(S) TOTAL CONSULTANTS $0 9.OTHER DIRECT COSTS (itemize on Exhibit A) 10. TOTAL DIRECT COSTS AND OVERHEAD $40,578 11.ROYALTIES $0 12. TOTAL ESTIMATED COST $40,578 13.FEE OR PROFIT $0 14. TOTAL ESTIMATED COST AND FEE OR PROFIT $40,576 Rate/hr listed is an average for the Officers and Sergeants anticipated to work on the identified teams. FORM 60 October 1971 General Services Administration FPR 1-16.806 B.1 This proposal is submitted for use in connection with and in response to(Describe RFP,etc.) and reflects our best estimates as of this date,in accordance with the Instructions to Offerors and the ootn s whjch Ilow. TYPED NAME AND TITLE ISIGZNAE JOE PANIAGUA, ASSISTANT CITY MANAGER NAME OF FIRMDATE OF SUBMISSION Fort Worth Police Department V 611 EXHIBIT A--SUPPORTING SCHEDULE (specify. If more space is needed,use reverse) COST EL NO. ITEM DESCRIPTION (See footnote 5) EST COST($} 1. HAS ANY EXECUTIVE AGENCY OF THE UNITED STATES GOVERNMENT PERFORMED ANY REVIEW OF YOUR ACCOUNTS OR RECORDS IN CONNECTION WITH ANY OTHER GOVERNMENT PRIME CONTRACT OR SUBCONTRACT WITHIN THE PAST TWELVE MONTHS? ❑ YES ❑ NO (If yes,identify below.) NAME AND ADDRESS OF REVIEWING OFFICE AND INDIVIDUAL TELEPHONE NUMBERIEXTENSION U.S.Department of Justice,Office of Programs 202-616-2836 Jeffery A.Haley CPA Site visit Branch Oversite Division It. WILL YOU REQUIRE THE USE OF ANY GOVERNMENT PROPERTY IN THE PERFORMANCE OF THIS PROPOSED CONTRACT? YES ❑ NO (If yes,identify on reverse or separate page) III. DO YOU REQUIRE GOVERNMENT CONTRACT FINANCING TO PERFORM THIS PROPOSED CONTRACT? ❑ YES E] NO (If yes,identify.) ❑ADVANCE PAYMENTS ❑PROGRESS PAYMENTS OR ❑GUARANTEED LOANS IV. DO YOU NOW HOLD ANY CONTRACT(Or,do you have any independently financed(1R&d)projects) FOR THE SAME OR SIMILAR WORK CALLED FOR BY THIS PROPOSED CONTRACT? ❑ YES ❑ NO (If yes,identify.): V. DOES THIS COST SUMMARY CONFORM WITH THE COST PRINCIPLES SET FORTH IN AGENCY REGULATIONS? ❑ YES ❑ NO (If no,explain on reverse or separate page) See Instructions and Footnotes FORM 60(10-71) B.2 CONTRACT PRICING PROPOSAL Office of Management and Budget (RESEARCH AND DEVELOPMENT) Approval No.29-RO184 This form is for use when(i)submission of cost or pricing data(see FPR 1-3.807-3)is required and(ii) PAGE NO. NO.OF PAGES substitution for the Optional Form 59 is authorized by the contracting officer. 1 2 NAME OF OFFEROR SUPPLIES AND/OR SERVICES FURNISHED Fort Worth Police Department Enhanced Enforcement to Support the Truck Lane Pilot Study HOME OFFICE ADDRESS 350 W.Belknap Street Fort Worth,Texas 76102 DIVISIONS)AND LOCATION(S)WHERE WORK IS TO BE TOTAL.AMOUNT OF GOVT SOLICITATION NO. Traffic Division PROPOSAL n/a $40,578 DETAIL DESCRIPTION OF COST ELEMENTS R 1.DIRECT MATERIAL ltemize on Exhibit A EST COST{ ] EST.COST ENCE a. PURCHASED PARTS b. SUBCONTRACTED ITEMS c. OTHER - (I) RAW MATERIAL (2) YOUR STANDARD COMMERCIAL ITEMS (3) INTERDIVISIONAL TRANSFERS(At other than cast) TOTAL DIRECT MATERIAL $0 2.MATERIAL OVERHEAD (Rate %X base=) $Q ESTIMATED ATE/ ES 3.DIRECT LABOR S eci HOURS HOUR' COST$ Motor Patrol Team(40 hours each for 9 Officers/Sgts) 360 $67.83 $24.418 Commercial Veh Ops Team(40 hours each for 5 Otficersl5gts) 200 $80.80 $16,160 $0 $0 $0 $0 SO TOTAL DIRECT LABOR 540,578 4,LABOR OVERHEAD (Specify Department or Cost Center) O.H.RATE X BASE= EST COST($) $40,578 $0 TOTAL LABOR OVERHEAD $0 5.SPECIAL TESTING (Including field work at Government installations) EST COST(5) TOTAL SPECIAL TESTING $0 6.SPECIAL EQUIPMENT(If direct charge) (itemize on Exhibit A) $p 7.TRAVEL(lf direct charge) (Give details on attached Schedule) EST COST($) a. TRANSPORTATION b. PER DIEM OR SUBSISTENCE TOTAL TRAVEL $0 8.CONSULTANTS (identify-purpose-rate) EST COST(.$) TOTAL CONSULTANTS $0 9.OTHER DIRECT COSTS (itemize on Exhibit A) 10. TOTAL DIRECT COSTS AND OVERHEAD $40,578 11.ROYALTIES $0 12. TOTAL ESTIMATED COST $40,578 13.FEE OR PROFIT $0 14. TOTAL ESTIMATED COST AND FEE OR PROFIT $40,578 'Rate/hr listed is an average for the Officers and Sergeants anticipated to work on the identified teams. FORM 60 Oct jr5u-r 19 71' Gei iea) �icr �eirte , FP FBA 1�ILI This proposal is submitted for use in connection with and in response to(Describe RFP,etc.) and reflects our best estimates as of this date,in accordance with the Instructions to Offerors and the ootn s_4h f Clow. TYPED NAME AND TITLE SIGNATU JOE PANIAGUA, ASSISTANT CITY MANAGER 74:L( -) NAME OF FIRM DATE OF SUBMISSION Fort Worth Police Department 0 U 01 EXHIBIT A--SUPPORTING SCHEDULE (Specify. Ifmore space is needed, use reverse) COST EL NO. ITEM DESCRIPTION (See footnote 5) EST COST($} I. HAS ANY EXECUTIVE AGENCY OF THE UNITED STATES GOVERNMENT PERFORMED ANY REVIEW OF YOUR ACCOUNTS OR RECORDS IN CONNECTION WITH ANY OTHER GOVERNMENT PRIME CONTRACT OR SUBCONTRACT WITHIN THE PAST TWELVE MONTHS? ❑ YES ❑ NO (If yes,identify below.) NAME AND ADDRESS OF REVIEWING OFFICE AND INDIVIDUAL TELEPHONE NUMBER/EXTENSION U.S.Department of Justice,Office of Programs 202-616-2936 Jeffery A.Haley CPA Site visit Branch Oversite Division II. WILL YOU REQUIRE THE USE OF ANY GOVERNMENT PROPERTY IN THE PERFORMANCE OF THIS PROPOSED CONTRACT? Q YES ❑ NO (If yes,identify on reverse or separate page) III. DO YOU REQUIRE GOVERNMENT CONTRACT FINANCING TO PERFORM THIS PROPOSED CONTRACT? ❑ YES ❑ NO (If yes,identify.) ❑ADVANCE PAYMENTS ❑PROGRESS PAYMENTS OR ❑GUARANTEED LOANS IV. DO YOU NOW HOLD ANY CONTRACT(Or,do you have any independently Financed(iR&O)projects) FOR THE SAME OR SIMILAR WORK CALLED FOR BY THIS PROPOSED CONTRACT? ❑ YES ❑ NO (If yes,identify.). V. DOES THIS COST SUMMARY CONFORM WITH THE COST PRINCIPLES SET FORTH IN AGENCY REGULATIONS? ❑ YES ❑ NO (If no,explain on reverse or separate page) See Instructions and Footnotes FORM 60(10-71) B.2 CONTRACT PRICING PROPOSAL Office of Management and Budget (RESEARCH AND DEVELOPMENT) Approval No.29-RO184 This form is for use when(i)submission of cost or pricing data(see FPR 1-3.807-3)is required and(ii) PAGE NO, NO.OF PAGES substitution for the Optional Form 59 is authorized by the contracting officer. 1 3 NAME OF OFFEROR SUPPLIES AND/OR SERVICES FURNISHED HOME OFFICE ADDRESS DIVISION(S)AND LOCATION(S)WHERE WORK IS TO BE TOTAL AMOUNT OF GOVT SOLICITATION NO. PROPOSAL n/a DETAIL DESCRIPTION OF COST ELEMENTS TOTAL REFER- 1.DIRECT MATERIAL lfemize on Exhibit A EST COSTS EST.COST ENCE a. PURCHASED PARTS b. SUBCONTRACTED ITEMS c. OTHER - (1) RAW MATERIAL (2) YOUR STANDARD COMMERCIAL ITEMS (3) INTERDIVISIONAL TRANSFERS(At other than cost) TOTAL DIRECT MATERIAL $0 2. MATERIAL OVERHEAD (Hate %X base=) $0 ESTIMATED 3, DIRECT LABOR S eci ) HOURS HOUR COSTS so SO $0 $0 $o $0 TOTAL DIRECT LABOR SO 4. LABOR OVERHEAD{'Specify Department or Cast Center) O.H.RATE X BASE= EST COST{$} TOTAL LABOR OVERHEAD $0 5.SPECIAL TESTING(Including field work at Government installations) EST COST(S) TOTAL SPECIAL TESTING $0 6. SPECIAL EQUIPMENT(If direct charge) (Itemize on Exhibit A) $0 7.TRAVEL(If direct charge) (Give details on attached Schedule) EST COST($) a. TRANSPORTATION b. PER DIEM 09 SUBSISTENCE TOTAL TRAVEL SO 8.CONSULTANTS(ldentify-purpose-rate) EST COST($) TOTAL CONSULTANTS $0 9.OTHER DIRECT COSTS (Itemize on Exhibit A) 10. TOTAL DIRECT COSTS AND OVERHEAD $0 11.ROYALTIES $0 12. TOTAL ESTIMATED COST $0 13. FEE OR PROFIT $a 14. TOTAL ESTIMATED COST AND FEE OR PROFIT $a FORM 60 October 1971 General Services Administration FPR 1-16.806 B.1 This proposal is submitted for use in connection with and in response to(Describe RFP,etc.) and reflects our best estimates as of this date,in accordance with the Instructions to Offerors and the F tnot which follG TYPED NAME AND TITLE SIGNATUR JOE PANIAGUA, ASSISTANT CITY MANAGER NAME OF FIRM TE OF SUBMISSION Fort Worth Police Department EXHIBIT A--SUPPORTING SCHEDULE(Specify. If more space is needed, use reverse) COST EL NO. ITEM DESCRIPTION (See footnote 5) EST COST(S) 1. HAS ANY EXECUTIVE AGENCY OF THE UNITED STATES GOVERNMENT PERFORMED ANY REVIEW OF YOUR ACCOUNTS OR RECORDS IN CONNECTION WITH ANY OTHER GOVERNMENT PRIME CONTRACT OR SUBCONTRACT WITHIN THE PAST TWELVE MONTHS? ❑ YES ❑ NO (If yes,identify below.) NAME AND ADDRESS OF REVIEWING OFFICE AND INDIVIDUAL TELEPHONE NUMBER/EXTENSION U.S.Department of Justice,Office of Programs 202-516-2336 Jeffery A.Haley CPA Site visit Branch Oversite Division IL WILL YOU REQUIRE THE USE OF ANY GOVERNMENT PROPERTY IN THE PERFORMANCE OF THIS PROPOSED CONTRACT? ❑ YES ❑ NO (If yes,identify on reverse or separate page) III. DO YOU REQUIRE GOVERNMENT CONTRACT FINANCING TO PERFORM THIS PROPOSED CONTRACT? YES ❑ NO (If yes,identify.) ❑ADVANCE PAYMENTS ❑PROGRESS PAYMENTS OR ❑GUARANTEED LOANS IV, DO YOU NOW H(71 D ANY CONTRACT(Or,do you have any independently financed(iR&D)projects) FOR THE SAME OR SIMILAR WORK CALLED FOR BY THIS PROPOSED CONTRACT? ❑ YES L] NO (If yes,identify.): V. DOES THIS COST SUMMARY CONFORM WITH TI1E COST PRINCIPLES SET FORTH IN AGENCY REGULATIONS? ❑ YES ❑ NO (If no,explain on reverse or separate page) See Instructions and Footnotes FORM 60(10-71) B.2 APPENDIX C COMPLIANCE DOCUMENTATION APPENDIX C During the performance of this contract, the consultant, for itself, its assignees, and successors in interest(hereinafter referred to as the "Consultant") agrees as follows: 1. Compliance with Regulations: The consultant shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the U.S. department of Transportation (hereinafter, "DOT"), Title 49, Code of Federal Regulations Part 21 and Title 23, Code of Federal Regulations Part 710.405(b), 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. 2. Nondiscrimination: The Consultant, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 and Part 710.405(b) of the Regulations. 3. Solicitations for Subcontracts. Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Consultant for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Consultant of the Consultant obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, sex, or national origin. 4. Information-Reports: The Consultant 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 NCTCOG or DOT to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish this information, the Consultant shall so certify to NCTCOG or the Texas Department of Transportation, or DOT as appropriate and shall set forth the efforts it has made to obtain this information. 5. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the nondiscrimination provisions of this contract, NCTCOG and the Texas Department of Transportation shall impose such contract sanctions as they or DOT may determine to be appropriate including, but not limited to: a. withholding of payments to the Consultant under the contract until the Consultant complies; and/or b. cancellation, termination, or suspension of the contract in whole or in part. 6. Incorporation of Provisions: The Consultant shall include the provision of paragraphs 1 through 6 in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Consultant shall take such action with respect to any subcontract or procurement as NCTCOG and the Texas Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, litigation with a subcontractor or supplier as a result of such direction, the Consultant may request NCTCOG to enter into such litigation to protect the interest of NCTCOG and, in addition, the Consultant may request the United States to enter into such litigation to protect the interest of the United States. APPENDIX D This Appendix Purposefully Excluded from this Agreement APPENDIX E This Appendix Purposefully Excluded from this Agreement APPENDIX F This Appendix Purposefully Excluded from this Agreement APPENDIX G This Appendix Purposefully Excluded from this Agreement APPENDIX H This Appendix Purposefully Excluded from this Agreement APPENDIX I This Appendix Purposefully Excluded from this Agreement NOLLVOIJUM33 NOISN3dsns aNV IN3wbiv83a r xiaN3ddV APPENDIX J CERTIFICATION REQUIREMENTS FOR RECIPIENTS OF GRANTS AND COOPERATIVE AGREEMENTS REGARDING DEBARMENT AND SUSPENSIONS Department of Transportation (DOT) Circular 2015.1 excludes entities and individuals that the federal government has either debarred or suspended from obtaining federal assistance funds through grants, cooperative agreements, or third-party contracts. NCTCOG has elected to include the requirements of the DOT Circular 2015.1 in all third-party contracts for federal funds. A certification process has been established by 49 C.F.R. Part 29 as a means to ensure that debarred, suspended, or voluntarily excluded persons do not participate in a federally assisted project. The inability of a person to provide the required certification will not necessarily result in a denial of participation in a covered transaction. A person that is unable to provide a positive certification as set forth in the Circular may submit a complete explanation attached to the certification. DOT will consider the certification and any accompanying explanation in determining whether or not to provide assistance for the project. Failure to furnish a certification or any explanation may disqualify that person from participating in the project. Each potential third-party contractor, subcontractor under a third-party contract, subgrantee, or subrecipient must provide to the grantee or recipient of a cooperative agreement, as appropriate, a certification for a lower tier participant. In general, lower-level employees or procurements of less than $25,000 will not be covered by the certification process procedures, except in the case of procurements with individuals that would have a critical influence on or substantive control over the project; nevertheless, a participant is not authorized to involve a lower-level employee or enter into a contract of less than $25,000 with a person actually known by the participant to be debarred, suspended or voluntarily excluded. NCTCOG requires each potential contractor subgrantee, or subrecipient for a third-party contract to complete the certification in Attachment J.1 for itself and its principals. If an applicant for a grant or cooperative agreement or a potential contractor for a third-party contract knowingly enters into a lower-tier covered transaction such as a third-party contract or subcontract under a major third-party contract or subgrant with a person that is suspended, debarred, ineligible, or voluntarily excluded from participation in the project, in addition to other remedies available to the federal government, DOT may terminate the grant or subcontract, the underlying grant or cooperative agreement for cause or default. APPENDIX J.1 LOWER TIER PARTICIPANT DEBARMENT CERTIFICATION (Negotiated Contracts) being duly (Name of certifying official) sworn or under penalty of perjury under the laws of the United States, certifies that neither nor its principals (Name of lower tier participant) are presently: • debarred, suspended, proposed for debarment, • declared ineligible, • or voluntarily excluded from participation in this transaction by any federal department or agency Where the above identified lower tier participant is unable to certify to any of the above statements in this certification, such prospective participant shall indicate below to whom the exception applies, the initiating agency, and dates of action. Exceptions will not necessarily result in denial of award but will be considered in determining contractor responsibility. Providing false information may result in criminal prosecution or administrative sanctions. EXCEPTIONS: Signature C ify° fficial JOE PANIAGUA, ASSISTANT CITY MANAGER Title Date of Certification Form 1734 Rev.10-91 TPFS APPENDIX J.1 LOWER TIER PARTICIPANT DEBARMENT CERTIFICATION (Negotiated Contracts) being duly (Name of certifying official) sworn or under penalty of perjury under the laws of the United States, certifies that neither nor its principals (Name of lower tier participant) are presently: • debarred, suspended, proposed for debarment, • declared ineligible, • or voluntarily excluded from participation in this transaction by any federal department or agency Where the above identified lower tier participant is unable to certify to any of the above statements in this certification, such prospective participant shall indicate below to whom the exception applies, the initiating agency, and dates of action. Exceptions will not necessarily result in denial of award but will be considered in determining contractor responsibility. Providing false information may result in criminal prosecution or administrative sanctions. EXCEPTIONS: z ,P4,1 SignatureVCrti yi fficial JOE PAN AG , ISTANT CITY MANAGER Title Date of Certification Forth 1734 Rev.10-91 TPFS APPENDIX J.1 LOWER TIER PARTICIPANT DEBARMENT CERTIFICATION (Negotiated Contracts) being duly (Name of certifying official) sworn or under penalty of perjury under the laws of the United States, certifies that neither nor its principals (Name of lower tier participant) are presently: • debarred, suspended, proposed for debarment, • declared ineligible, • or voluntarily excluded from participation in this transaction by any federal department or agency Where the above identified lower tier participant is unable to certify to any of the above statements in this certification, such prospective participant shall indicate below to whom the exception applies, the initiating agency, and dates of action. Exceptions will not necessarily result in denial of award but will be considered in determining contractor responsibility. Providing false information may result in criminal prosecution or administrative sanctions. EXCEPTIONS: 7�j/ Signature Ce if injfficial JOE P IAGUA, ISTANT CITY MANAGER Title Date of Certification Form 1734 Rev.10-91 TPFS CERTIFICATION INFORMATION This certification is to be used by contractors pursuant to 49 CFR 29 when any of the following occur: • any transaction between the contractor and a person (other than a procurement contract for goods and services), regardless of type, under a primary covered transaction • any procurement contract for goods or services when the estimated cost is$25,000 or more • any procurement contract for goods or services between the contractor and a person, regardless of the amount, under which the person will have a critical influence on or substantive control over that covered transaction. Such persons include principal investigators and providers of federally required audit services. A procurement transaction is the process of acquiring goods and services. A nonprocurement transaction is the granting of financial assistance to entities to assist the grantor in meeting objectives that are mutually beneficial to the grantee and grantor. A COPY OF THIS CERTIFICATION IS TO BE FURNISHED TO AUTHORIZED REPRESENTATIVES OF THE STATE OR THE U.S. DEPARTMENT OF TRANSPORTATION UPON REQUEST. APPENDIX K RESTRICTIONS ON LOBBYING APPENDIX K RESTRICTIONS ON LOBBYING Section 319 of Public Law 101-121 prohibits recipients of federal contracts, grants, and loans exceeding $100,000 at any tier under a federal contract from using appropriated funds for lobbying the Executive or Legislative Branches of the federal government in connection with a specific contract, grant, or loan. Section 319 also requires each person who requests or receives a federal contract or grant in excess of$100,000 to disclose lobbying. No appropriated funds may be expended by the recipient of a federal contract, loan, or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any federal executive department or agency as well as any independent regulatory commission or government corporation, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any of the following covered federal actions: 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. As a recipient of a federal grant exceeding $100,000, NCTCOG requires its subcontractors of that grant to file a certification, set for in Appendix K.1, that neither the agency nor its employees have made, or will make, any payment prohibited by the preceding paragraph. Subcontractors are also required to file with NCTCOG a disclosure form, set forth in Appendix K.2, if the subcontractor or its employees have made or have agreed to make any payment using nonappropriated funds (to include profits from any federal action), which would be prohibited if paid for with appropriated funds. APPENDIX K.1 LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, 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. (2) 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 this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 1, U.S. Code. Any person who fails to file the required certification shall be sject a i penalty of not less than $10,000 and not more than $100,000 for each such f ' re. Signature JOE PANIAGUA, ASSISTANT CITY MANAGER Title Agency Date TXDOT 1-91 TPFS APPENDIX K.1 LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, 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. (2) 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 this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions. (3)The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31,P.S. Code. Any person who fails to file the required certification shall be subject t ivil enalty of not less than $10,000 and not more than $100,000 for each such fail re. Signature JOE PANIAGUA, ASSISTANT CITY MANAGES. Title Agency Date TxDOT 1-91 TPFS APPENDIX K.1 LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, 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. (2) 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 this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be s bjec a evil penalty of not less than $10,000 and not more than$100,000 for each such f ' re Signatur JOE PANIAGUA,r-�s STANT CITY MANAGEK Title Agency Date TxDOT 1-91 TPFS APPENDIX K.2 DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 See instructions for public burden disclosure 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a. contract ® a. bid/offer/application ® a. Initial filing b. grant b. initial award b. material charge c, cooperative agreement c. post-award d. loan For Material Change Only: e. loan guarantee year f. loan insurance quarter date of last report 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No.4 is Subawardee,Enter Name ❑ Prime T1 Tier If known and Address of Prime: North Central TX Council of Gov't 616 Six Flags Dr,Centerpoint Two Congressional District,If known: Arlington, TX 76005 Congressional District,If known: 6. Federal Department Agency: 7. Federal Program Name/Description: CFDA Number If applicable: 8. Federal Action Number,if known: 9. Award Amount,if known: 10.a. Name and Address of Lobbying Entity b. Individuals Performing Services(including address If (If Individual,last name,first name,MI): different from No.10a) Franklin Partnership, LLC (last name,first name, MI): 818 Conneticuit Ave, NW Suite 110 Rose, Pete Washington, D. C. 20006 (attach Continuation Sheet(s)SF-LLL-A,if necessary 11.Amount of Payment(check all that apply): 13.Type of Payment(check all that apply): $14,000 monthly 2 a. retainer $ Z actual ❑ planned ❑ b. one-time fee ❑ c. commission 12.Form of payment(check all that apply): ❑ d. contingent fee M a. cash ❑ e. deferred ❑ b. in-kind specify: nature ❑ f. other;specify: value 14.Brief Description of Services Performed or to be Performed and Date(s)of Service including officer(s),employee(s),or Member(s)contacted,for Payment indicated in Item 11: Lobbying Services. attach Continuation Sheets SF-LLL-A,if necessary) 15.Continuation sheet(s)SF-LLL-A attached: ❑ Yes ❑ No 16. Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure of t lobbying activities is a material representation of fact Signature: upon which reliance was placed by the tier above _ when this transaction was made or entered into. This disclosure Is required pursuant to 31 U.S.C.1352. This Print Joe Paniagua Information will be reported to the Congress semi- Name: annually and will be available for public inspection. Any person who fails to file the required disclosure Title: Assistant City Manager shall be subject to a civil penalty of not less than _ $10,000 and not more than $100,000 for each such x$17) 392-6191 failure. Telephone. Date: Federal Use Only: Authorized for Local Reproduction Standard Form-LLL INSTRUCTIONS FOR COMPLETION OF SF-LLL DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the Initiation or receipt of a covered Federal action,or a material change to a previous filing pursuant to title 31 U.S.C.section 1352. The tiling of a form is required for each payment or agreement to make payment to any lobbying entity 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 a covered Federal action. Use the SF-LLL-A Continuation Sheet for additional information if the space on the form is Inadequate. Complete all items that apply for both the initial filing and material change report Refer to the Implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report If this is a follow-up report caused by a material change to the information previously reported,enter the year and quarter In which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name address city, state and zip code of the reporting entity. Include Congressional District If known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient identify the tier of the subawardee e.g.,the first subawardee of the prime is the 1st tier. Subawards Include but are not limited to subcontracts,subgrants and contract awards under grants. S. If the organization filing the report in item 4 checks"Subawardee,"then enter the full name,address,city,state and zip code of the prime Federal recipient Include Congressional District,if known. 6. Enter the name of the Federal agency making the award or loan commitment Include at least one organizational level below agency name,if known. For example,Department of Transportation,United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action(item 1.) If known,enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate Federal Identifying number available for Federal action identified in Item 1 (e.g., Request for Proposal (RFP) number; invitation for Bid (B) number, grant announcement number, the contract grant,or loan award number;the application/proposal control number assigned by the Federal agency.) Include prefixes,e.g."RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount of the awardiloan commitment for the prime entity identified in Item 4 or S. 10. (a) Enter the full name,address,city, state and zip code of the lobbying entity engaged by the reporting entity Identified in item 40 to influence the covered Federal action. (b) Enter the full names of the individuais(s)performing services,and Include full address if different from 10(a). Enter Last Name,First Name and Middle Initial(MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity(Item 4)to the lobbying entity(item 10). Indicate whether the payment has been made(actual)or will be made(planned). Check all boxes that apply. If this is a material change report,enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an In-kind contribution, specify the nature and value of the in-kind payment 13. Check the appropriate boxes(s). Check all boxes that apply. If other,specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s)of any services rendered. Include all preparatory and related activity,not just time spent In actual contract with Federal officials. Identify the Federal officiai(s)or employee(s)contracted or the officer(s), employees,or Member(s)of Congress that were contacted. 15. Check whether or not a SF-LLL-A Continuation Sheet(s)is attached. 16. The certifying official shall sign and date the form,print his/her name,title,and the telephone number. Public reporting burden for this collection of Information is estimated to average 30 minutes per response,including time for reviewing Instructions,searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of Information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project(0348-0046),Washington,D.C. 20503. DISCLOSURE OF LOBBYING ACTIVITIES CONTINUATION SHEET Reporting EnWr. Page- OL-- Authorized ageofAuthorized for Local Reproduction Standard Form-LLL-A North Central Texas Council Of Governments November 16, 2005 Via Certified Mail Return Receipt Number: 7005 1160 0004 6260 8563 Mr. John Ramirez Administrative Services Manager, F&E Fort Worth Police Department 350 W. Belknap Street Fort Worth, Texas 76102 Dear Mr. Ramirez: Enclosed please find an executed copy of the Interlocal Cooperative Agreement between the North Central Texas Council of Governments (NCTCOG) and the City of Fort Worth for Enhanced Enforcement to Support the Truck Lane Pilot Study. NCTCOG looks forward to working with the City of Fort Worth on this pilot study. If you have any project related questions, please contact Greg Royster, Principal Transportation Planner, at (817) 695-9285. For questions related to the agreem t, please Y, ase contact Dawn Dalrymple, Senior Transportation Planner, at (817) 608-2319. Si Ken Kirkpatric Senior Program Manager DD:tmb Enclosure cc: Greg Royster, NCTCOG Truck Lane Pilot Study Project File 616 Six Flags Drive,Centerpoint Two P.O.Box 5888,Arlington,Texas 76005-5888 (817)640-3300 FAX: 817-640-7806 ® recycled paper hftp://www.dfwinfo.com City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved As Amended on 10/4/2005 - Ordinance No. 16635-10-2005 DATE: Tuesday, October 04, 2005 LOG NAME: 35TRUCKLANE REFERENCE NO.: **C-21062 SUBJECT: Adopt Appropriation Ordinance and Authorize Execution of an Interlocal Cooperative Agreement with the North Central Texas Council of Governments for Enhanced Enforcement to Support the Truck Lane Pilot Study RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute an interlocal cooperative agreement with the North Central Texas Council of Governments (NCTCOG) for enhanced enforcement to support the Truck Lane Pilot Study; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the General Fund by $41,000. DISCUSSION: The Texas Legislature passed legislation in 1997 allowing for truck lane restrictions and updated this legislation on June 20, 2003, to provide more flexibility in these restrictions. The 2004-2006 Transportation Improvement Program includes planning and implementation for a Truck Lane Pilot Study, funded with Surface Transportation Program monies. The objective of this pilot study is to document the impacts of truck lane restrictions and make recommendations on the applicability of truck lane restrictions and dedicated truck lanes within the Dallas-Fort Worth region. The City of Fort Worth will provide dedicated law enforcement personnel for enhanced enforcement phases of this project, including commercial motor vehicles and motor assistance patrol units, and enforcement of excessive motor vehicle emissions offenses to the extent applicable by law. The City of Fort Worth shall be reimbursed for the officer overtime and associated benefits while working on this project and the costs to NCTCOG shall not exceed $41,000. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval and completion of the above recommendations and adoption of the appropriation ordinance, funds will be available in the current operating budget, as appropriated in the General Fund. TO Fund/Account/Centers FROM Fund/Account/Centers GG01 488100 0351000 $41.000.00 GG01 514210 035 VARIOUS $41.000.00 Logname: 35TRUCKLANE Page 1 of 2 Submitted for City Manager's Office by: Joe Paniagua (6140) Originating Department Head: Ralph Mendoza (4210) Additional Information Contact: Susan Alanis (4221) Logname: 35TRUCKLANE Page 2 of 2