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HomeMy WebLinkAboutContract 48751 gg � CITY SECRETARY \� INTERLOCAL COOPERATION AGREEMENT CONTRACT NO. ID I �` Between �R 4r�0}� THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS and CITY OF FORTH WORTH for 2014 INCIDENT MANAGEMENT EQUIPMENT PURCHASE CALL FOR PROJECTS WHEREAS, the North Central Texas Council of Governments (NCTCOG) has been designated as the Metropolitan Planning Organization for the Dallas-Fort Worth Metropolitan Area by the Governor of Texas in accordance with federal law; and, WHEREAS, the Regional Transportation Council (RTC), comprised primarily of local elected officials, is the regional transportation policy body associated with NCTCOG and has been and continues to be a forum for cooperative decisions on transportation; and, WHEREAS, the RTC's Freeway Incident Management (FIM) Training Program is designed to initiate a common coordinated response to traffic incidents that will build partnerships, enhance safety for emergency personnel, reduce secondary traffic crashes, improve the efficiency of the transportation system, and improve air quality in the Dallas-Fort Worth region; and WHEREAS, on May 8, 2014, the RTC approved staff to conduct the 2014 Incident Management Equipment Purchase Call for Projects with $2 million of Congestion Mitigation and Air Quality Improvement Program (CMAQ) funds to assist local governments in obtaining equipment and technology designed to facilitate quick incident clearance which in turn provides for additional safety of the traveling public and first responders and has air quality benefits; and WHEREAS, on January 8, 2015, the RTC awarded the City of Fort Worth $160,036 as a result of the 2014 Incident Management Equipment Purchase Call for Projects; and WHEREAS, on January 22, 2015, the North Central Texas Council of Governments' Executive Board in its capacity as the RTC's fiduciary agent, authorized NCTCOG to enter into agreements with local governments for funds awarded by the RTC under the 2014 Incident Management Equipment Purchase Cali for Projects; and WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code provides authority for the North Central Texas Council of Governments and local governments to enter into this agreement for the provision of governmental functions and services Of mutual interest. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties agree as follows: ARTICLE 1. PARTIES 1.1 Parties. This Agreement, hereinafter referred to as the "Agreement", is made and entered into by and between the North Central Texas Council of Governments, hereinafter referred to as "NCTCOG", and the CITY OF FORT WORTH, hereinafter referred to as "LOCAL GOVERNMENT". NCTCOG and the LOCAL GOVERNMENT may each be referred to as a "Party", and may be collectively referred to as "Parties" to this Agreement. Interlocal Cooperation Agreement NC T CI G and City of Fort Worth_Agree Agreement#TRN2133 Rage 1 2014 Incident Management Equipment Purchase Call for Prniacr_ ARTICLE 2. AWARD AMOUNT 2.1. Award Amount. NCTCOG will reimburse LOCAL GOVERNMENT's eligible costs of incident management equipment/technology as outlined in the Scope of Work (SCOPE) under the conditions in this Agreement not to exceed the Maximum Award Amount of $160,036. The actual amount of reimbursement may be less than the maximum Award Amount and will be determined under the conditions of this Agreement. LOCAL GOVERNMENT shall be responsible for any costs in excess of the maximum Award Amount. 2.2. US Department of Transportation Funding. The Federal Highway Administration (FHWA) through their funding conduit, the Texas Department of Transportation, has obligated US Department of Transportation Congestion Mitigation and Air Quality Improvement Program funds for implementation of a Freeway Incident Management Program. NCTCOG and the Texas Department of Transportation (TxDOT) executed an Agreement on December 4, 2015 for $1,500,000 to support continuation of the Freeway Incident Management Program. The period of performance associated with this Agreement is January 12, 2016 to August 31, 2018. Costs incurred by the LOCAL GOVERNMENT prior to January 12, 2016 are ineligible for reimbursement. 2.3. Indirect Costs. LOCAL GOVERNMENTS Indirect Costs are ineligible under this agreement. ARTICLE 3. SCOPE OF WORK 3.1 Scope of Work. NCTCOG will provide reimbursement to LOCAL GOVERNMENT for LOCAL GOVERNMENT's purchase of incident management equipment and technology as described more fully in the SCOPE, included as Attachment A. All Equipment/Technology purchased must be completed by June 30, 2017. 3.2 Scope of Work Changes. Changes to the SCOPE must be agreed to by both Parties in writing. LOCAL GOVERNMENT may move funds within Equipment/Technology Types without need of NCTCOG approval so long as the Maximum Award Amount is not exceeded and all Equipment/Technology Type commitments are met as reflected in the Scope of Work. LOCAL GOVERNMENT shall provide written notice to NCTCOG's, Project Manager of any such adjustments as part of-the reimbursement request. 3.3 Product Service Life. LOCAL GOVERNMENT agrees to use the equipment/technology purchased under this Agreement through the Product Service Life as specified in the SCOPE. 3.4 Return of Equipment/Technology. LOCAL GOVERNMENT agrees to return any equipmentitechnology purchased under this Agreement to NCTCOG for distribution to other public entities in the event the LOCAL GOVERNMENT fails to use such equipment/technology as determined by NCTCOG through Annual Performance and Usage Reporting required below. 3.5 Annual Performance and Usage Reporting. LOCAL GOVERNMENT agrees to submit Annual Performance and Usage Reports, included as Attachment B, to Interlocal Cooperation Agreement Page 2 NCTCOG and City of Fort Worth—Agreement#TRN2133 201A InCI(IP.nfi Mananamcnt Fn .ir........♦n..__.___.._..�_ .. NCTCOG by January 31" of each year through the end of the Product Service Life identified in the SCOPE. 3.6 Compliance. The LOCAL GOVERNMENT agrees that all activities funded under this Agreement must be operated and maintained in accordance with federal, State, and local Law and, if applicable, the LOCAL GOVERNMENT's Clean Fleet Vehicle Ordinance or Resolution, consistent with the Regional Transportation Council's Clean Fleet Vehicle Policy. 3.7 Eligible/ineligible Costs. Eligible costs include the cost of incident management equipment and technology as detailed in the SCOPE. LOCAL GOVERNMENT staffing and personnel costs are ineligible for reimbursement under this Agreement. Vehicle purchases under this Agreement, if applicable, shall be eligible only if newest model year or engine standard is purchased. ARTICLE 4. TERM 4.1 Term. The Term of this Agreement shall be from the date executed by the last Party to do so through the end of the calendar year of the longest Product Service Life identified in the SCOPE, unless otherwise mutually agreed by the Parties or as provided herein. LOCAL GOVERNMENT is authorized to proceed once this Agreement is fully executed. 4.2 Termination. Either Party reserves the right to terminate this Agreement in whole or in part. Notice of termination must be provided in writing, shall set forth the reasons for termination, and shall provide for a minimum of ten (10) days to cure the defect. Termination is effective only in the event the Party fails to cure the defect within the period stated in the termination notice including any written extensions. If the Agreement is terminated, NCTCOG shall only be liable for eligible expenses incurred before the effective date of termination. The Parties may terminate this Agreement at any time by mutual written concurrence. 4.3 Whole Agreement. This Agreement, including Attachments A through F, embodies all of the agreements of the parties relating to its subject matter, and supersedes all prior understandings and agreements regarding such subject matter. 4.4 Severability. In the event any one or more of the provisions contained in this Agreement shall be for any reason held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision(s) hereof, and this Agreement shall be revised so as to cure such invalid, illegal, or unenforceable provision(s) to carry out as near as possible the original intent of the Parties. 4.5 Changed Circumstances. If future federal, State, or local statute, ordinance, regulation, rule, or action render this Agreement, in whole or in part, illegal, invalid, unenforceable, or impractical, the parties agree to delete and/or to modify such portions of the Agreement as are necessary to render it valid, enforceable, and/or practical. Each section, paragraph, or provision of this Agreement shall be considered severable, and if, for any reason, any section, paragraph, or provision herein is determined to be invalid under current or future law, regulation, or rule, such invalidity shall not impair the operation of or otherwise affect the valid portions of this instrument. Interlocal Cooperation Agreement NCTCOG and City of Fort Worth—Agreement#TRN2133 Page 3 2014 Incident Mananemanf o.-11.... 4.6 Assignment. Without the prior written consent of NCTCOG, the LOCAL GOVERNMENT may not transfer or assign any rights or duties under or any interest in this Agreement. 4.7 Amendments. Amendments to this Agreement must be signed by each Party. ARTICLE 5. PAYMENTS 5.1 Payment. Reimbursement shall be made only upon completion of all SCOPE items. A cost may not be considered incurred, and eligible for reimbursement, until the equipment/technology has been received, accepted, and paid for by the LOCAL GOVERNMENT. Any reimbursement under this Agreement shall be payable only after eligible costs are approved by NCTCOG. NCTCOG will approve payments as soon as practicable, but not later than forty-five (45) days after a complete Request for Reimbursement has been received, provided that complete and accurate supporting documentation has been submitted to NCTCOG. Costs incurred prior to execution of this Agreement are not eligible for reimbursement. There shall be no obligation whatsoever to pay for performance of this Agreement from the monies of NCTCOG, other than grant funds received by NCTCOG from the NCTCOG funding agency for the purposes of reimbursement under this Agreement. NCTCOG shall provide LOCAL GOVERNMENT with written notice within five (5) business days after becoming aware that grant funds received by NCTCOG from the NCTCOG funding agency for the purposes of reimbursement under this agreement are no longer available for reimbursement to LOCAL GOVERNMENT. 5.2 Reimbursement. All reimbursement requests prepared by the LOCAL GOVERNMENT shall be submitted to NCTCOG using Attachment C and as required by Article 5.6 Requests for Reimbursement shall include LOCAL GOVERNMENT invoice, proof of payment, applicable receipts, other supporting documentation, and a signature by a Certifying Official as described in Article 5.3. NCTCOG may deem a Request for Reimbursement incomplete if the data and/or documentation are incomplete or improper, or if the LOCAL GOVERNMENT fails to submit necessary reports or provide other information requested by NCTCOG under the terms of this Agreement. NCTCOG may reject requests for reimbursements which fail to demonstrate that costs are eligible for reimbursement and/or which fail to conform to the requirements of this Agreement. If a request for reimbursement is rejected, the LOCAL GOVERNMENT will be provided an explanation for the rejection and an opportunity to supplement or cure. 5.3 Certifying Official. As detailed in 5.2, the LOCAL GOVERNMENT is required to provide signed invoices. The individual noted below has the authority, on behalf of the LOCAL GOVERNMENT, to certify and serve as the signatory on invoices related to this project. By signing the invoice, Certifying Officials are acknowledging review of invoices to ensure expenses included in the invoice are consistent with the agreement, all services and costs are documented on the invoices are accurate and eligible, and all subrecipient and contractors have been fully paid. Interlocal Cooperation Agreement NCTCOG and City of Fort Worth—Agreement#TRN2133 Page 4 Any invoices received by NCTCOG without the signature of the individual noted below may result in the invoice being returned unpaid. Certifying Official: Name: Sasha Kane Title: Grants and Programs Manager 5.4 Availability of Funds. Any reimbursement under this Agreement shall be payable only after eligible costs are approved by NCTCOG. This Agreement and all claims, suits, or obligations arising under or related to this Agreement are subject to and limited to the receipt and availability of funds which are received from the funding agency by NCTCOG dedicated for the purpose of this Agreement. 5.5 Return of Funds. Unless LOCAL GOVERNMENT has returned property pursuant to Article 3.4 of this Agreement, LOCAL GOVERNMENT agrees to return funds received from NCTCOG for reimbursement under this Agreement where the LOCAL GOVERNMENT has failed to comply with the requirements set forth in this Agreement. 5.6 Reimbursement Requests. All reimbursement requests prepared by the LOCAL GOVERNMENT shall be submitted in electronic form using Attachment C no later than July 31, 2017 for Phase 2 Projects to NCTCOG at the email address below. No paper copies of reimbursement requests will be accepted. North Central Texas Council of Governments Email: TRgrants@nctcog.org ARTICLE 6. PROCUREMENT AND PROPERTY MANAGEMENT 6.1 Procurement Standards. LOCAL GOVERNMENT agrees that its purchase of equipment/technology under this Agreement will comply with the procurement standards and requirements outlined in 2 Code of Federal Regulations (CFR) Part 200.317-.326 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards). If LOCAL GOVERNMENT fails to meet these requirements, NCTCOG may deny reimbursement requests. If such failure is determined after reimbursement has been made, LOCAL GOVERNMENT agrees to return reimbursed funds that were not in compliance with these requirements, whether determined by NCTCOG, the State, or the US Department of Transportation or its agents. LOCAL GOVERNMENT shall provide NCTCOG a written certification of compliance with 2 CFR 200.317-.326 prior to purchasing any equipment/technology under this agreement. 6.2 Equipment Use, Management, and Disposition. LOCAL GOVERNMENT agrees that its purchase of equipment/technology under this Agreement will comply with the property management standards and requirements outlined by the USU. Department of Transportation in in 2 CFR 200.313. The LOCAL GOVERNMENT agrees to provide NCTCOG reasonable information concerning the use and condition of the equipment upon request. ARTICLE 7. MISCELLANEOUS PROVISIONS 7.1 Liability. The Parties agree that neither party is an agent, servant, employee of the Interlocal cooperation Agreement Page 5 NCTCOG and City of Fort Worth—Agreement#TRN2133 other party and each party agrees it is responsible for its individual acts and deeds, as well as the acts and deeds of its contractors, employees, representatives, and agents. This section shall not be construed to affect a governmental entity's immunities under constitutional, statutory or common law. 7.2 Force Majeure. It is expressly understood and agreed by the parties to this Agreement that, if the performance of any provision of this Agreement is delayed by force majeure, defined as reason of war, civil commotion, act of God, governmental restriction, regulation or interference, fire, explosion, hurricane, flood, failure of transportation, court injunction, or any circumstances which are reasonably beyond the control of the party obligated or permitted under the terns of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated herein, the party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the period of time applicable to such requirement shall be extended for a period of time equal to the period of time such party was delayed. Each party must inform the other in writing within reasonable time of the existence of such force majeure. 7.3 Property Insurance. The LOCAL GOVERNMENT must maintain sufficient property insurance or self-insurance for the repair or replacement of any equipment/technology funded under this Agreement, unless otherwise expressly agreed upon in writing by NCTCOG. 7.4 Captions. The captions, headings, and arrangements used in this Agreement are for convenience only and shall not in any way affect, limit, amplify, or modify its terms and provisions. 7.5 Disputes and Remedies. The LOCAL GOVERNMENT and NCTCOG shall negotiate in good faith toward resolving any disputes that arise under this Agreement. This agreement does not limit any remedy or right under law available to a Party to enforce the terms herein. 7.6 Notice. All notices regarding this Agreement shall be in writing and shall be delivered to the persons identified below: NCTCOG Mailing Address: Michael Morris, P.E. Transportation Director North Central Texas Council of Governments PO Box 5888 Arlington, Texas 76005-5888 NCTCOG Project Manager Sonya Landrum Principal Transportation Planner North Central Texas Council of Governments PO Box 5888 Arlington, Texas 76005-5888 Interlocal Cooperation Agreement NCTCOG and City of Fort Worth—Agreement#TRN2133 Page 6 n,,.,. — - LOCAL GOVERNMENT Mailing Address: Valerie R. Washington Assistant City Manager City of Fort Worth Bob Bolen Public Safety Complex 505 W. Felix Street Fort Worth, TX 76115 City of Fort Worth Project Manager Sasha Kane Grants and Programs Manager Fort Worth Police Department Bob Bolen Public Safety Complex 505 W. Felix Street Fort Worth, TX 76115 ARTICLE 8. ACCESSIBILITY AND MAINTENANCE OF RECORDS 8.1 Maintenance. The LOCAL GOVERNMENT shall maintain a record keeping system for all of its activities, including program records and financial management records, which support and document all expenditures of funds made under this Agreement, in accordance with federal regulations, State rules, and the Agreement. This section shall not be interpreted to require maintenance of multiple exact duplicate copies of any record or document. 8.2 Retention. All records must be maintained for a minimum of four (4) years following the expiration of the Product Service Life as described in the SCOPE. In the event that any litigation or claim is still pending upon the expiration of the Product Service Life, these records shall be retained until resolution of the litigation or claim. NCTCOG, the NCTCOG funding agency, or their designees shall have access to all records that are directly applicable to this Agreement for the purpose of making audit examinations. ARTICLE 9. AUDITS 9.1 Audits. LOCAL GOVERNMENT agrees that NCTCOG, the State of Texas, and/or the Federal Government may conduct an audit or investigation related to funds received under this Agreement for up to three (3) years from final reimbursement from NCTCOG. ARTICLE 10. ASSURANCES 10.1 Equal Employment Opportunity. LOCAL GOVERNMENT shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, sexual orientation, gender identity, or national origin. LOCAL GOVERNMENT shall take affirmative actions to ensure that applicants are employed, and that Interlocal Cooperation Agreement Page 7 NCTCOG and City of Fort Worth—Agreement#TRN2133 2014 Incident Management Equipment Purchase Call for Projects transfer,- recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 10.2 Davis-Bacon Act. LOCAL GOVERNMENT agrees to comply with all applicable provisions of 40 USC § 3141 —3148. 10.3 Contract Work Hours and Selection Standards. LOCAL GOVERNMENT agrees to comply with all applicable provisions of 40 USC § 3701 — 3708 to the extent this agreement indicates any employment of mechanics or laborers. 10.4 Rights to Invention Made Under Contract or Agreement. LOCAL GOVERNMENT agrees to comply with all applicable provisions of 37 CFR Part 401. 10.5 Clean Air Act, Federal Water Pollution Control Act, and Energy Policy Conservation Act. LOCAL GOVERNMENT agrees to comply with all applicable provisions of the Clean Air Act under 42 USC § 7401 — 7671, the Energy Federal Water Pollution Control Act 33 USC § 1251 — 1387, and the Energy Policy Conservation Act under 42 USC § 6201. 10.6 Debarment/Suspension. LOCAL GOVERNMENT 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. LOCAL GOVERNMENT 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 Attachment D of this agreement. 10.7 Restrictions on Lobbying. LOCAL GOVERNMENT of these funds is prohibited from using monies for lobbying purposes; LOCAL GOVERNMENT shall comply with the special provision "Restrictions on Lobbying," which is included as Attachment E of this Agreement. LOCAL GOVERNMENT shall include a statement of compliance with the Lobbying Certification and Disclosure of Lobbying Activities in applicable procurement solicitations. Lobbying Certification and Disclosure of Lobbying Activities shall be completed by subcontractors and included in subcontractor contracts, as applicable. 10.8 Procurement of Recovered Materials. LOCAL GOVERNMENT agrees to comply with all applicable provisions of 2 CFR §200.322. 10.9 Nondiscrimination on the Basis of Disability. The LOCAL GOVERNMENT 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 LOCAL GOVERNMENT shall insure that all fixed facility construction or alteration and all new equipment included in the project comply with applicable regulations regarding Nondiscrimination on 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. Interlocal cooperation Agreement Page 8 NCTCOG and City of Fort Worth—Agreement#TRN2133 APPENDICES The following appendices are attached and made part of this Agreement. Attachment A: Scope of Work Attachment B: Annual Performance and Usage Reporting Form Attachment C: Reimbursement Request Form Attachment D: Lower Tier Participant Debarment Certification Attachment E: Lobbying Certification and Disclosure of Lobbying Activities Attachment F: 2 CFR 200 Uniform Guidance Transparency Requirements IN WITNESS WHEREOF, the Parties have executed this Agreement on the day of 201 . r! NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS 1�a Agogoe R. Michael Eastland Executive Director, NCTCOG CITY OF FORT WORTH Signature Printed Name Interlocal Cooperation Agreement NCTCOG and City of Fort Worth-Agreement#TRN2133 Page 9 2014 Incident Management Enuinment PnrchnQP r.�n fn- ATTACHMENT A SCOPE OF WORK INCIDENT MANAGEMENT EQUIPMENT PURCHASE 2014 CALL FOR PROJECTS North Central Texas Council of Governments Incident Management Equipment Purchase CFP ILA SCOPE OF WORK 1. AGENCY NAME City of Fort Worth 2. PROJECT NAME: Traffic Flow and Traffic Control Management Project 3. MAXIMUM AMOUNT AWARDED: $160,036 4. SCOPE ITEMS LOCAL GOVERNMENT has been awarded funds to purchase the following incident management equipment/technologies in the Quantities and Amounts shown below. LOCAL GOVERNMENT shall acquire and utilize the following equipment/technologies consistent with the terms of the agreement. EquipmentfTechnology Type Estimated Product (e.g.,traffic control equipment, responder Quantity Service Life safety gear, dynamic message board,etc.) (Included in (Specific to Application) Each Product 1 Traffic Control and Scene 1126 See below Management Equipment 1.1 MUTCD Compliant 28" Traffic Cones - 1 year 1.2 Collapsible Pop Up Traffic Cone Kits, 1 year 28" Cone ` 1.3 Grabber Cones— MUTCD Compliant, 1 year 42" Cone ` 1.4 Ford F350 Super Duty XL Truck, Fully _ Equipped 7 years 1.5 Traffic Public Safety Vests ANSI-ISEA _ 3 years 207-2006 2 Crash Investigation Technology 1 See below Robotic Station Forensic Mapping 2.1 - 5 years System 4 Portable Dynamic Message Board 3 3 years I, , y.., y' - -: rte'-._. �,!'-`���-`-� '�' y _.�,�. ATTACHMENT B ANNUAL PERFORMANCE AND USAGE REPORT FORM n INCIDENT MANAGEMENT EQUIPMENT PURCHASE 2014 CALL FOR PROJECTS okNorth Central Texas Council of Governments Annual Performance and Usage Survey As a selected recipient through the NCTCOG Incident Management Equipment Purchase 2014 Call for Projects, your agency received funding to be used for the purchase of equipment and technology that aid in quick incident clearance and crash mitigation in the North Central Texas(NGT) Nonattainment Area. Included as a stipulation to receive the funds, recipient agencies are required to complete an annual performance and usage survey regarding the use of the equipment. Recipient agencies agree to utilize the eguipmentitechnofogy purchased or it must be returned to NCTCOG. Please submit your completed survey and requested performance measures to Camille Fountain at cfountainAnctcoq.org by January 31 annually. PROJECT NAME PRODUCT SERVICE LIFE IS YOUR AGENCY STILL EXPECTANCY UTILIZING THE EQUIPMENT? Specify Items Purchased as part of the CFP Specify the product service (YIN) (if multiple items purchased, include one life at initial purchase and project perline item) time remaining. 1 Yes❑ No❑ If No, explain below 2 Yes❑ No❑ If No, explain below 3 Yes❑ No❑ If No, explain below 4 Yes ❑ No❑ If No, explain below 5 Yes❑ No❑ If No, explain below 6 Yes ❑ No ❑ If No, explain below 7 Yes ❑ No ❑ If No, explain below 8 Yes❑ No ❑ If No, explain below 9 Yes❑ No❑ If No,.explain below 10 Yes ❑ No❑ if No, explain below Supplemental Information: 1. Has the equipment/technology purchased meet your agency's expectations/needs? Yes ❑ No❑ If No, please explain (include project name and provide details) 2. If your agency is NOT utilizing the equipment/technology purchased through the NCTCOG Incident Management Call for Projects, please explain why. Include project name and provide details for each product not in use. 1 INCIDENT MANAGEMENT EQUIPMENT PURCHASE 2014 CALL FOR PROJECTS 3. Would you recommend this equipment/technology be purchased by other agencies interested in acquiring similar equipment/technology? Yes ❑ No❑ If No, please explain (list project name and provide details). 4. In partnership with regional incident response agencies, NCTCOG has established definitions for regional incident management performance measures. (See Regional Incident Management Performance Measure Definitions below.) Please submit the specified performance statistics for your agency. Check each performance statistic that is included with the survey. If information is not submitted, please explain why. ❑ INCIDENT RESPONSE TIMES ❑ INCIDENT CLEARANCE TIMES ❑ ROADWAY CLEARANCE TIMES ❑ RECOVERY TIME Agency Contact Information (REQUIRED) Agency Name: County: Contact Person (name): Job Title: Department: Email: Agency Address: Phone Number: Thank you for completing the Annual Performance and Usage Survey. 2 INCIDENT MANAGEMENT EQUIPMENT PURCHASE 2014 CALL FOR PROJECTS REGIONAL INCIDENT MANAGEMENT PERFORMANCE MEASURE DEFINITIONS 1) Incident Response Time -The elapsed time between when an incident is detected to when the response vehicles arrive at the scene. 2) Incident Clearance Time—The time between the first recordable awareness and the time at which the last responder has left the scene. 3) Roadway Clearance Time—The time between first recordable awareness of an incident by the responding agency that all lanes are available for traffic flow. 4) Recovery Time—The time period between awareness of an incident and restoration of impacted roadway/roadways to"normal"operations. 5) Secondary Crash—Incidents beginning with the time of detection of the primary incident where a collision occurs either a)within the incident scene or b)within the queue, including the opposite direction, resulting from the original incident. 3 ATTACHMENT C REIMBURSEMENT REQUEST FORM i r INCIDENT MANAGEMENT EQUIPMENT PURCHASE 2014 CALL FOR PROJECTS ist _= North Central Texas Council of Governments Reimbursement Request Form 1. Agency Name: 2. Project Name: 3. Total Reimbursement Amount Requested: US$ 4. As outlined in Article 3 of the Interlocal Cooperative Agreement executed with NCTCOG,were any adjustments made to the scope of work? ❑ No ❑Yes (if yes, provide a written notice to the NCTCOG Project Manager outlining any adjustments made.) 5. Itemized Purchases All Requests for Reimbursement shall include LOCAL GOVERNMENT invoice, proof of payment, applicable receipts, and other supporting documentation. NCTCOG may deem a Request for Reimbursement incomplete if the data and/or documentation are incomplete or improper, or if the LOCAL GOVERNMENT fails to submit necessary reports or provide other information requested by NCTCOG under the terms of this Agreement. NCTCOG may reject requests for reimbursements which fail to demonstrate that costs are eligible for reimbursement and/or which fail to conform to the requirements of this Agreement. Equipment/Technology Purchased Quantity Unit Price Total Amount 1 2 3 4 5 6 7 9 10 i All reimbursement requests shall be submitted no later than July 31,2017 to NCTCOG at the address below: North Central Texas Council of Governments 616 Six Flags Drive Arlington,Texas 76011 Email: TRgrants aanctcoq.org ATTACHMENT D LOWER TIER PARTICIPANT DEBARMENT CERTIFICATION LOWER TIER PARTICIPANT DEBARMENT CERTIFICATION (Negotiated Contracts) yalorie R. Washington being duly (Name of certifying official) sworn or under penalty of perjury under the laws of the United States, certifies that neither City of Fort Worth 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 of Certifying Official Title Date of Certification Form 1734 Rev.10-91 TPFS ATTACHMENT E LOBBYING CERTIFICATION AND DISCLOSURE OF LOBBYING ACTIVITIES I I 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 subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. SiqYature N5 f Title bky PW Agency V4 1 Le Date TxDOT 1-91 TPFS ATTACHMENT F 2 CFR 200 UNIFORM GUIDANCE TRANSPARENCY REQUIREMENTS ATTACHMENT F OMB UNIFORM GUIDANCE 2 CFR 200 UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS TRANSPARENCY REQUIREMENTS The Uniform Guidance ensures compliancy with program requirements and achievement of program goals pursuant to 2 C.F.R 200 when any of the following occur: • subrecipients that meet the Single Audit threshold of $750,000, must comply with the requirements of the Single Audit Act, section 200.425. This includes the evaluation of all audits and on-site reviews to determine if adjustments are needed by NCTCOG to our own records. This also includes remedies for noncompliance as identified in section 200.338. • In accordance with the 2 C.F.R. 200, NCTCOG is required to include the following in a subaward agreement: Data Universal Numbering System (DUNS) 782003727 number Federal Award Identification Number (FAIN) 481602007M40030 Catalog of Federal Domestic Assistance Highway Planning & Construction (CFDA) Number& Name (www.cfda.gov) 20.205 ACCEPTED AND AGREED: APPROVED AS TO FORM AND ]LEG Y: By: Jo ate A stant City Att y Contract Authorization: M&C: C-27260 Date Approved: 4/14/2015 ATTEST: Mary J. Kay er City Secretary Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract,including ens ring all performance and reporting requirements. Name of Employee Title M&C Review Page I of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FOR11 COUNCIL ACTION: Approved on 4/14/2015 - Ordinance No. 21721-04-2015 & Resolution No. 4434-04-2015 REFERENCE ** 35NCTCOG14 DATE: 4/14/2015 NO.: C-27260 LOG NAME: CALLFORPROJECTS CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Ratify Application for and Authorize Acceptance of, if Awarded, Reimbursement Funds from the North Central Texas Council of Governments for the 2014 Incident Management Equipment Purchase Program in an Amount Not to Exceed $160,036.00, Authorize Execution of an Interlocal Agreement and Adopt Resolution and Appropriation Ordinance (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Ratify the application for and authorize acceptance of, if awarded, reimbursement funds from the North Central Texas Council of Governments for the 2014 Incident Management Equipment Purchase Program in an amount not to exceed $160,036.00; 2. Authorize the execution of an Interlocal Agreement with the North Central Texas Council of Governments for the 2014 Incident Management Equipment Purchase Program; 3. Adopt the attached resolution to make assurances as suggested by the North Central Texas Council of Governments; and 4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in an amount not to exceed $160,036.00 upon receipt of the funding. DISCUSSION: In 2003, the North Central Texas Council of Governments (NCTCOG) began providing Incident Management Training for all responders in the region. The goal of the NCTCOG Freeway Incident Management Training Program is to initiate a common, coordinated response to traffic incidents. The program objectives include building partnerships, enhancing safety for emergency personnel, reducing upstream traffic accidents, improving the efficiency of the transportation system and improving air quality in the Dallas-Fort Worth region. In support of the Incident Management Training Program, NCTCOG is conducting the 2014 Incident Management Equipment Purchase Program. The goal of the program is to assist agencies in purchasing equipment and technology that will advance program objectives. The Fort Worth Police Department is seeking to purchase equipment and technology that will aid in quick incident clearance and mitigate crashes. If funding is awarded, NCTCOG will provide reimbursements to the City for the City's purchase of the equipment and technology. The reimbursements are done in two phases: the first phase ends on September 30, 2015 and the second phase ends on September 30, 2016. Agencies receiving funds through the program are not required to provide a local match. NCTCOG uses a competitive selection process to determine which agencies will receive funding. While not required to qualify for funding under this program, adoption of a resolution which states that the City supports the objectives of the program will likely increase the City's application http://apps.cfwnet.org/council_packet/me_review.asp?ID=20851&councildate=4/14/2015 2/28/2017 M&C Review Page 2 of 2 score. Chapter 791 of the Texas Government Code provides authority for local governments to enter into Interlocal Agreements. Under this grant, the Police Department is able to fund unmet needs for traffic control and scene management. This needs include traffic cones, safety vests, message boards, mapping software and a vehicle. Each of these items have various expected useful-life. The police department's priorities are based on ever changing crime trends and technology. When the items need to be replaced based on useful-life and/or warranties, the police department will evaluate all funding options available and permissible. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations, receipt of the grant and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Grants Fund. TO Fund/Account/Centers FROM Fund/Account/Centers GR76 451409 035203XXX000 $160,036.00 4) GR76 5 $160,036.00 (VARIOUS) 035203XXX010 Submitted for City Manager's Office by: Rudolph Jackson (6199) Originating Department Head: Rhonda K. Robertson (4231) Additional Information Contact: Sasha Kane (4243) ATTACHMENTS 35NCTCOG14 CALLFORPROJECTS GR76 AO FY2015.docx NCTCOG Resolution.doc http://apps.cfwnet.org/council_packet/mc_review.asp?ID=20851&councildate=4/14/2015 2/28/2017