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HomeMy WebLinkAbout00- Traffic Safety Bureau Standard Agreement I . 41 0-00-04-08-07 Bozeman Radar STANDARD AGREEMENT TRAFFIC SAFETY BUREAU This Agreement is made and entered into this 6th day of APRIL 2000 between the MONTANA DEPARTMENT OF TRANSPORTATION hereinafter called the "STATE" and the CITY OF BOZEMAN hereinafter called the "CONTRACTOR." THE UNITED STATES DEPARTMENT OF TRANSPORTATION, the contributor of funds for this Agreement is hereinafter called "USDOT." Funds provided are described in the catalog of Federal Domestic Assistance under number 20.600. WITNESSETH: WHEREAS, the Contractor is qualified and able to administer the project, NOW, THEREFORE, IT IS AGREED that the Contractor shall conduct the project in consideration of the terms, as set forth in Sections I through XX of the General Agreement Provisions and attached exhibits. The parties hereto agree as follows: GENERAL AGREEMENT PROVISIONS Section I Coordination of Aqreement Documents. The provisions and the proposal are intended to be mutually complementary. In case of any discrepancy, provisions of the Agreement shall prevail over Exhibit B, "Project Proposal," and Section XX, "Other Provisions" of the Agreement shall prevail over all others. Section II Purpose, Scope and Methods. The purpose, scope of work and implementation of the contract shall be as described in the attached proposal (Exhibit "B"). Section III Reports. Reports are required as follows: 1) In the months of January, April, July and October, a quarterly report shall be required to be submitted to the Montana Highway Traffic Safety Administrator. The report shall be submitted on or before the thirtieth (30th) day of the month following the quarters end, and will describe the past quarter's activities, such as, work accomplished, difficulties encountered, decisions made or any other important information relative to the project. 2) The report shall also elaborate on important activities planned for the ensuing quarter. 3) Within ninety (90) days after completion of the project, a final report shall be submitted to the State for approval and acceptance of project accomplishments, unless this requirement is waived in Section XX. Section IV Time. This project shall be started by the Contractor within 10 days from the date of execution of this Agreement and shall be completed no later than JUNE 15, 2000 unless express written approval is granted by the State. Section V Aqreement Cost. Agreement costs shall be identified as shown in Exhibit "B. Section VI Payment and Audits. Payment by the State to the Contractor shall be on a LUMP SUM basis for actual direct and indirect costs incurred in the performance of the terms and conditions as set forth in this Agreement provided that the total amount shall not exceed $4,375.00. Reimbursement for indirect overhead and supervision costs attributable to the project shall be made in the amount of 0.0 percent of the direct payroll costs chargeable to the project. This percentage rate shall be maintained for the project unless revised as a result of an audit of the Contractor's cost records. It is agreed that salary payments to staff members or students on this project will not exceed the amounts normally paid to such members for regular employment with the Contractor. No "extra compensation" salary can be paid without prior written approval by the State. The Contractor shall pay all costs incurred in conducting the work of the project and shall be reimbursed upon approval by the State of the Contractor's billings. Invoices detailing the charges and expenses incurred shall not be submitted more often than once a month. In no event shall the total program payments exceed the amount obtained by multiplying the percentage for work completed by the total agreement price, less the amount retained as surety for agreement completions. Reimbursement shall not be made for any costs not clearly and accurately supported by the Contractor's records. An amount equal to 10 percent of total project costs or $2000.00 (whichever is less) may be withheld from the final claim as surety for completion of the Agreement. Unless waived in Section XX of the Agreement, the Contractor shall secure an independent audit in compliance with OMB Circular A-128 or A-133. This audit must be completed in a timely manner and a copy forwarded to the state. -2- . Section VII Source of Funds. Unless otherwise indicated under Section XX, federal funds made available under Public Law 89-564 as amended, with the appropriate proportion of State matching funds, shall be used in payment. Section VIII Subcontractinq and Special Services. The services of the Contractor are to be directed by the Project Director MARK TYMRAK. The Contractor shall not assign, sublet or transfer any of the work provided for under this Agreement without prior written approval from the State. Subcontracting more than fifty percent (50%) of the work, based on a percentage of the total agreement price, with the exception of specialized services listed under Section XX shall not be approved. Section IX Proprietary Ri~hts. The parties to this Agreement agree that if patentable discoveries or inventions should result from work of the Contractor described herein, all rights accruing from such discoveries or inventions shall be the sole property of the state. Section X Inspection of Work. The State shall exercise general supervision over the work of the project. The State and USDOT shall, at all times, be accorded proper facilities for review and inspection fo the work and shall at all reasonable times have access to the premises and to all data, notes, records, correspondence, instructions and memoranda of every description pertaining to the work hereunder. Section XI Records. The Contractor shall maintain accounting records and other evidence pertaining to the costs incurred on this project. These data shall be made available for inspection by the State, US DOT, or any authorized representative of the Federal Government at all reasonable times at the office of the Contractor during the Agreement period and for three (3) years after the date of the final payment of Federal funds to the State with respect to the project. Copies thereof shall be furnished if requested. Section XII Ownership of Data. The ownership of the data collected under this Agreement, together with summaries and charts derived therefrom, shall be vested in the State -3- Section XIII Equipment and Instrumentation. All apparatus and equipment, including tools, for which purchase reimbursement is sought shall be used exclusively for traffic safety purposes and shall remain the property of THE CITY subject to the following provisions. 1) A major item of apparatus and equipment for which reimbursement is sought and which is not identified specifically in the Proposal and approved as part of this Agreement shall be approved by the State prior to purchase. 2) A major item of apparatus or equipment is one with a useful life of more than one year and costing $300.00 or more per unit and must be obtained by proper competitive practices. 3) The Contractor certifies that the apparatus and equipment costs shown in the Proposal as direct costs are excluded from the items for indirect costs. 4) The ownership of all equipment or tools built, manufactured or assembled by the Contractor as part of this Agreement for which parts are purchased and reimbursement is sought shall, upon completion fo this Agreement, become vested in the State. 5) Title to said equipment shall remain with the contractor for equipment acquired for an approved project and remaining on hand at conclusion hereof until such time as such equipment ceases to be used in the State Highway Safety Program, and the Contractor agrees to maintain records of such equipment and make such records and equipment available for inspection by the state or its authorized representative. 6) The contractor further agrees to notify the State at such time as such equipment ceases to be used in the State Highway Safety program. Section XIV Travel. Costs incurred in out-of-state travel will not be reimbursed without prior consultation and approval by the State. In the event in-state travel is not specifically provided for in the Proposal but becomes necessary, said travel shall also have prior approval by the State. Reimbursement for both in-state and out-of-state travel shall be at state or local government rates, or as specifically stated in the project proposal. Section XV Publication. Papers, interim or final reports, forms or other materials which are part of this project shall not be copyrighted except with prior written approval by the State and USDOT. Except for copyrighting, the Contractor, the state and USDOT are free to publish or use the data and results without restriction, after acceptance and publication of the final report. Section XVII Termination of Contract. If it is considered to be in the best interests of the State, the State may terminate this Agreement upon giving fifteen (15) days written notice to the Contractor. If the Agreement is so terminated prior to fulfillment of the terms stated herein, the Contractor shall be reimbursed only for actual expenses, both direct and indirect, incurred to the date of termination. -4- , Section XVII Legal Relations. The Contractor shall comply with all Federal, State and Local Laws and Ordinances applicable to the work to be done under this Agreement. No liability shall be attached to the State by reason of entering into this agreement except, as expressly provided herein. The contractor hereby agrees to save harmless the state from all claims and liability due to the activities of himself, his agents and/or employees. Section XIX The following exhibits are attached to this agreement and considered part of it: Exhibit A Equal Opportunity Clause and Certifications (3 pages) Exhibit B proposal, 1 page Section XX Other Provisions. The provisions of Section III, Reports are waived. Only a final report of the purchase and placement in service of the units authorized in Exhibit "8" and their serial numbers is required. -5- , Aqreement and Authorization to Proceed Authorizinq Official of Government Unit 1. Name Marcia B. Youngman, Mayor 2. Title City of Bozeman 3. Address P.O. Box 1230 .. . .. .. . .. .. .. .. .. . Bozeman, MT 59771-1230 ......."'.................. .. .. ~ .. .. .. .. .. .. .. iIII <II '" .. .. .. .. .. .. .. .. .. ~' 4. Phone (406) 582-2300 ........ ...." ...-..... 5. Signature ~;j~ .. .... .... .. .. .. 'O* .......... ............. 6. Date .5-4-0-0 ........................... ................."........ ~ .. - .. ~ .. -.. . .. -.. .. .. .. .. Project Director 1. Name Mark Tymrak 2. Title Police Chief 3. Address P.O. Box 1230 Bozeman, MT 59771-123 4. Phone (406) 58~ 5. Signature ~~ 6. Date ll- /;?- 't7cJ Aqency Approval 1. Name Patricia Saindon, Administrator 2. Title Transportation Planning Division 3. Address MDT, P.O. Box 201001 Helena, MT 59620-1001 4. Signature ~.~ 5. Date -CL/' 6. . . / // ;;!.6JO() Leqal Advisor 1. Name 2. Title rvlces 3. Signature 4. Date 5. Authorized By 1. Name Albert E. Goke 2. Title Gov~Gentaf ~ 3. Signature 4. Date 1 f? ')/f{JtJ -6- , EXHIBIT uA" ASSURANCES AND CERllFICA liONS EQUAL OPPORTUNITY CLAUSE During the performance of this contract, the contractor agrees as follows: 1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: rates of payor other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the State setting forth the provisions of this non-discrimination clause. 2. The contractor will state, in all solicitations or advertisements for employees placed by or on behalf of the contractor, that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The contractor will send to each labor union or representative of workers with which he or she has a collective bargaining agreement or other contract or understanding, a notice to be provided by the State advising the said labor union or workers' representative of the contractor's commitments under this equal employment clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor will comply with all provisions of Executive Oder 11246 of September 24, 1965, and of the rules regulations and relevant orders of the Secretary of Labor. 5. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his or her books, records and accounts by the State, the United States Department of Transportation and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. 6. In the event of the contractor's noncompliance with the non-discrimination clauses of this contract or with any such rules, regulations or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts of Federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. 1 . 7. The contractor will include the provisions of this equal employment opportunity clause in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 2965, so that such provisions will be binding upon each subcontract or purchase order as the State or the National highway Traffic Safety Administration may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the vent a contractor becomes involved in, or is threatened with litigation with a subcontractor or vendor as a result of such direction by the Administration, the contractor may request the United States to enter into such litigation to protect the interest of the State. 8a. Policy. It is the policy of the United States Department of Transportation that minority business enterprises as defined in 49 CFR part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with federal funds under this agreement. Consequently, the Minority Business Enterprise (MBE) requirements of 49 CFR Part 23 apply to this agreement. 8b. MBE Obligation. The recipient or its contractor agrees to ensure that minority business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, all recipients or contractors shall take necessary and reasonable steps in accordance with 49 CFR part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of United State Department of Transportation-assisted contracts. 8c. MBE Program. If, as a condition of assistance, the recipient has submitted and the Department has approved a minority business enterprise affirmative action program which the recipient agrees to carry out, this program is incorporated into this financial assistance agreement by reference. This program shall be treated as a legal obligation and failure to carry out its terms shall be treated as a violation of this financial assistance agreement. Upon notification to the recipient of its failure to carry out the approved program the Department shall impose such sanctions as noted in 49 CFR Part 23, Subpart E, which sanctions may include termination of the agreement or other measures that may affect the ability of the recipient to obtain further United States Department of Transportation's financial assistance. 9. Pursuant to Sections 49-2-303 and 49-3-207, Montana Code Annotated, no part of this contract may be performed in a manner which discriminates against any person on the basis of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental handicap, or national origin by the persons performing the contract. Any hiring must be on the basis of merit and qualifications directly related to the requirement of the particular position being filled. ~2- , CERTIFICATION REGARDING LOBBYING 1. No federally 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 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 LL, "Disclosure Form to Report Lobbying," in accordance with its instruction. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION "" In accordance with the provision of 49 CFR part 29, the State agrees that it shall not knowingly enter into any agreement under its highway Safety Plan with a person or entity that is barred, suspended, declared ineligible, or voluntarily excluded from participation in the Section 402 program, unless otherwise authorized by the National Highway Traffic Safety Administration (NHTSA). The State further agrees that it will include the following clause and accompanying instruction, without modification, in all lower tier covered transactions, as provided by 49 CFR Part 29, and in all solicitations for lower tier covered transactions. Instructions for Certification 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the definition and coverage sections of 49 CFR Part 29. You may contact the person to whom this proposal is submitted for assistance in obtaining copy of those regulations. 3 . . EXHIBIT "B" Proposed Proiect The need to enforce speed laws by all Montana law enforcement agencies continues. Excessive speed and speed too fast for conditions are factors in many roadway crashes. The judicious enforcement of speed laws helps in the discovery of many traffic offenses, such as failure to use adult or child safety restraints, and in the effective use of outstanding wants or warrants. The purpose of this project is to aid the City to improve its speed enforcement efforts by assisting them to purchase five (5) radar units. The project objective is to purchase and place in service the units by June 15, 2000. The project will be evaluated administratively. Estimated Costs D. DIRECT COSTS: Equ ipment Five (5) radar units @ $875.00 $4,375.00 TOT AL COSTS $4,375.00