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HomeMy WebLinkAboutResolution - 2015-R0142 - Interlocal Cooperative Contract (551-15-FN-11004) W/Texas Department Of Agr. - 05/14/2015Resolution No. 2015-R0142 May 14, 2015 Item No. 5.21 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Interlocal Cooperative Contract No. 551 -15 -FN -I1004 for an Advertising Campaign (including: vinyl wrap advertisements on various Citibus buses), by and between the City of Lubbock and the Texas Department of Agriculture, of Austin, Texas, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on May 14, 2015 GrWC.'RWRTSON, MAYOR ATTEST: R.-&" 5-'I� Reb ca Garza, City Secretary APPROVED AS TO CONTENT: �E 0;'-- A-/-, Bill Hw rton. Assistant 06 Mai APPROVED AS TO FORM: ccdocs/RES. CONTRACT - Texas Department of Agriculture 4.22.15 Resolution No. 2015-RO142 STATE OF TEXAS § COUNTY OF TRAVIS § Division: Food and Nutrition Location: Administration Payee Name: City of Lubbock through Citibus PayeelD: 17560005906 CONTRACT 12344 Program Name: Summer Food Service Legal/ Ch. 791 of Gov't Code; Funding Authority: §§12.0011 and 12.0025 of the Aaric. Code Contract #: 551 -15 -FN -11004 PO #: INTERLOCAL COOPERATION CONTRACT Section 1.0 PARTIES AND AUTHORITY This Interlocal Cooperation Contract (ICC) is entered into by and between the Texas Department of Agriculture (TDA or Receiving Party) and City of Lubbock through Citibus, a public transit service managed by McDonald Transit Associates, Inc. (Performing Party or Contractor) pursuant to the authority granted and in compliance with the provisions of the Interlocal Cooperation Act, Chapter 791, of the Texas Government Code which enables state local governments to contract with state agencies for governmental functions and services. Section 2.0 STATEMENT OF SERVICES TO BE PERFORMED Appendix One, Description of Services, attached hereto, is hereby incorporated by reference and made, therefore, a part of this ICC. Section 3.0 TERM OF CONTRACT This ICC is to begin June 1, 2015 and shall terminate on August 17, 2015. This ICC may be renewed for two (2) additional one-year terms thereafter by mutual agreement of the parties in the form of a written amendment. Section 4.0 AMOUNT The total amount of this ICC shall not exceed one hundred thousand dollars ($100,000) for the original term of the ICC. If renewals are executed by the Parties, an amount which shall not be exceeded for those renewals will be determined at that time. Appendix Two, Budget, attached hereto, is hereby incorporated by reference and made, therefore, a part of this ICC. Section 5.0 PAYMENT FOR SERVICES Receiving Party shall reimburse Performing Party for actual costs incurred in providing the services and/or resources described in this ICC. Receiving Party shall pay for services received out of current revenues from the appropriation item or account from which the Receiving Party would ordinarily make expenditures for similar services or resources. Payments received by the Performing Party shall be credited to its current appropriation item(s) or account(s) from which the expenditure for the services or resources was made. Rev. 2115 Performing Party shall bill Receiving Party monthly for services rendered in accordance with the provisions of the IAC. Performing Party may submit invoices electronically to the following email address: tdaaccountspavableno.texasagriculture.gov or the Performing Party can mail invoices to: Texas Department of Agriculture Attn: Accounts Payable P.O. Box 12847 Austin, Texas 78711 Section 6.0 CONTRACT MANAGEMENT 6.1 Notices: Any notice relating to this ICC, which is required or permitted to be given under this ICC by one party to the other party shall be in writing and shall be addressed to the receiving party at the address specified below. The notice shall be deemed to have been given immediately if delivered in person to the recipient's address specked below. It shall be deemed to have been given on the date of certified receipt if placed in the United States mail, postage prepaid, by registered or certified mail with return receipt requested, addressed to the receiving party at the address specked below. Registered or certified mail with return receipt is not required for copies. 6.2 Points of Contact: The parties shall direct all correspondence, notices, invoices and payments to: For TDA (Receiving Party): For Performing Party: Christy Denman Outreach Specialist Food & Nutrition Division Texas Department of Agriculture 1700 N. Congress Ave., Ste. 1100 Austin, Texas 78701 Section 7.0 CONTRACT AMENDMENT Any modifications, additions, or deletions, to the terms and conditions of this ICC, including the allocation of additional funds to the current list of proposed activities, or any extensions of the ICC shall be processed only through a written amendment and executed by both parties. Section 8.0 ENTIRE CONTRACT This ICC, together with the documents mentioned herein and which are incorporated herein by this reference, contains the entire agreement between the parties relating to the rights granted and the obligations assumed in it. Any oral representations or modifications concerning this ICC shall be of no force or effect unless contained in a subsequent written amendment executed by both parties. 8.1 Appendixes: 8.1.1 Appendix One, Description of Services 8.1.2 Appendix Two, Budget 8.2 Attachments: Rev. 2/15 Attached hereto and made a part hereof by reference are the documents indicated below with an "X" beside each: ® General Provisions ❑ Special Provisions A, Program Specific ❑ Special Provisions B, Debarment (required if utilizing federal funds) ❑ Special Provisions C, Lobbying (required if utilizing federal funds & over $100,000) Section 9.0 APPLICABLE LAW AND VENUE This ICC shall be governed by and construed in accordance with the laws of the State of Texas. The parties agree that exclusive venue and jurisdiction of any legal action or suit concerning TDA under this ICC lies in Travis County, Texas, and that any legal action or suit under this ICC shall be brought in a court of competent jurisdiction in Travis County, Texas. Section 10.0 AUDIT The State Auditors Office (SAO), or successor agency, may conduct an audit or investigation of the Performing Party or any other entity or person receiving funds from the state directly under this ICC or indirectly through a subcontract under this ICC. The acceptance of funds by the Performing Party, or any other entity or person directly under this ICC or indirectly through a subcontract under this ICC acts as acceptance of the authority of the Receiving Party, the SAO, the United States Department of Agriculture (USDA) or the Office of Inspector General (OIG) to conduct an audit or investigation in connection with those funds. Performing Party or other entity that is the subject of an audit or investigation must provide the Receiving Party, SAO, USDA or OIG with access to any information the Receiving Party, SAO, USDA or OIG considers relevant to the investigation or audit. This ICC may be amended unilaterally by TDA to comply with any applicable federal or Texas statutes, or any rules or procedures adopted by the SAO, USDA or OIG in the implementation and enforcement of its authority. Performing Party shall ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the Performing Party and the requirement to cooperate is included in any subcontract it awards. Section 11.0 TERMINATION This ICC shall terminate upon the full performance of all requirements contained in this ICC, unless otherwise extended or renewed as provided for herein. Additionally, either party may terminate this ICC upon thirty (30) days written notice to the other party. Further, if Performing Party fails to provide the services contracted for in this ICC, or fails to comply with any term or provision of this ICC, TDA may, upon written notice of default to the Contractor, immediately terminate all or any part of this ICC. Termination is not an exclusive remedy, but will be in addition, to any other rights or remedies provided in equity or by law. If federal or state law or regulations or other federal are amended or judicially interpreted so that either Receiving Party or Performing Party cannot reasonably fulfill this ICC, the parties shall be discharged from any further obligations under this ICC. Section 12.0 CERTIFICATIONS RECEIVING PARTY further certifies that it has the authority to receive the above services by authority granted in: Texas Government Code, Chapter 791, Interlocal Cooperation Act PERFORMING PARTY further certifies that it has authority to perform the above services by authority granted in: Texas Government Code, Chapter 791, Interlocal Cooperation Act. Rev. 2/15 SUBJECT TO APPROVAL, the authorized representatives of the undersigned parties bind themselves to the faithful performance of this ICC. It is mutually understood that this ICC will be effective on the earliest date shown in Section 3.0. RECEIVING PARTY PERFORMING PARTY CITY OF LUBBOCK TEXAS DEPARTMENT OF AGRICULTURE CITIBUS — TOCK TPNSIT AUTHORITY Name ."NwKV Date Return three (3) copies with original signatur James Gonzalez, Purchasing and Contracts Texas Department of Agriculture 1700 North Congress Avenue, Room 1100 Austin, Texas 78701 Approved as to Form: Bill Howert , Assistant City Mana Approved as to Content Justin Puitt, Asdistant Cit I Attorne By: Date ATTEST: By: R ecca Garza, City Se et, ry Rev. 2/15 Appendix One DESCRIPTION OF SERVICES Purpose and Objectives a. Campaign Goal: Increase public awareness in target demographic of the Summer Food Service Program (SFSP) in Lubbock, Texas by utilizing Citibus — Lubbock Transit Authority display ad space. b. Objectives I. Purchase citywide advertising space on Citibus — Lubbock Transit Authority city buses 1. 36 King Kong Ads 2. 22 Back Ads 3. 20 Below Window Ads 4. 610 Poster Ads c. Deliverables: Citibus — Lubbock Transit Authority is responsible for: i. Communicating consistently with TDA representative over the course of campaign; ii. Printing all purchased ads; iii. Providing TDA with proofs for each ad purchased and receiving approval before moving forward with production of purchased ads; iv. Coordinating the installation/removal for each ad purchased by TDA; v. Providing picture samples of each type of display purchased and installed (King Kong, Back, Below Window and Poster) vi. Ensuring all purchased ads are installed starting by 6 am June 1, 2015; vii. Coordinating the removal for each bus display by midnight on August 17, 2015 (ensuring TDA gets the last full day of advertising); and viii. Providing proof of performance at end of campaign. d. Added Value I. Citibus —Lubbock Transit Authority will provide TDA with 610 poster displays ads at a discounted cost. (TDA will only be invoiced for a one time production and install/removal fee.) II. Timeline of Major Activities DATE DELIVERABLE May 1, 2015 TDA provides all artwork to Citibus Lubbock Transit Authority for production of ads May 31, 2015 All SFSP ads are installed June 1, 2015 SFSP campaign begins August 17, 2015 SFSP campaign ends Note: All SFSP ads are removed from city buses by 12:00 AM (midnight) on 8/17/15 Rev. 2/15 Appendix Two BUDGET Cost Categories Budgeted Amount A. Services 1. TT Route: Below Windows Install/Removal - 10 @ $185/each for 2.75 months $1,850.00 Ad cost - 10 @ $500/each for 2.75 months $15,000.00 2. TTU Route: Backs Install/Removal - 10 @ $500/each for 2.75 months $3,000.00 Ad Cost - 6 @ $500/each for 2.75 months $9,000.00 3. Regular Route: King Kong Install/Removal - 18 @ $950/each for 2.75 months $17,100.00 Ad Cost - 18 @ $600.00/each for 2.75 months $32,400.00 4. Regular Route: Backs Install/Removal - 10 @ $500.00/each for 2.75 months $5,000.00 Install/Removal - 10 @ $500.00/each for 2.75 months $15,000.00 5. Added Value: Poster Ads (bundled @ reduced cost) Production/Install/Removal/Ad Space — 610 @ $2.70/each for 2.75 months $1,650.00 Subtotal of Services $100.000.00 B. Resources 1. Equipment 2. Supplies and Materials Consumable supplies Communication costs 3. Other operating costs M Subtotal Subtotal Subtotal of Resources $0 Total Budget: $100,000.00 No funds shall be used to pay for food costs (i.e., refreshments, banquets, group meals, etc.) unless requested as a specific line item in the budget by the Contractor and approved (prior to expenditures occurring) by TDA. 6 Rev. 2/15 FORMAT FOR BUDGET SUMMARY AND EXPENDITURE REPORT PROJECT OR PROGRAM SFSP Outreach Campaign — Transit Display Ads Check One: TITLE: PAYEE NAME: Texas Department of Agriculture ❑ Initial Budget PAYEE ID NO.: ❑ Revised Budget PROJECT ID NO.: BEGINNING AND ENDING DATES OF PROJECT OR PROGRAM 6/1/2015 TO 8/17/2015 OBJECTS OF EXPENDITURE BY TASK ❑ Expenditure Report Reporting Period: From To This section reserved for TDA use. Rev. 2/15 PAYROLL EMPLOYEE CONTRACTE CONSUMABL COMMUNICATI PRINTING, OTHER TOTAL TASKS/ACTIVITIES COSTS TRAVEL D SERVICES E SUPPLIES ONS EXPENSE DUPLICATI (IDENTIFY) (INCLUDE EXPENSE & NG,DATA FRINGE MATERIALS PROCESSIN BENEFITS) G I.I..ADVERTISEMENT, $ $ $100,000.00 $ $ $ $ $100,000.0 PRODUCTION & 0 INSTALLATION SERVICES A. BELOW WINDOW ADS B. BACK ADS C. KING KONG ADS D. POSTER ADS TOTAL COSTS TASK #1 Total Approved Budget $ $ $ $ $ $ $ $ Total Expended This $ $ $ $ $ $ $ $ Reporting Period Cumulative Expenditures to $ $ $ $ $ $ $ $ Date Balance Remaining $ $ $ $ $ $ $ $ This section reserved for TDA use. Rev. 2/15 I, an employee of TDA who has knowledge of the satisfactory delivery of services by the contractor, certify that these services were rendered to TDA or goods were received by TDA and that they correspond in every particular with the contract under which they were procured and that this invoice is true, correct, and unpaid. Signature if certifying official (contractor): Date: Contractor will not be reimbursed for any expenditures which exceed the amount approved for each object of expenditure. 'Contractor must submit written amendment to TDA to request revisions to the budget prior to incurring any expenditures which exceed the amount approved for each object of expenditure. Costs will not be reimbursed for line items not in the approved budget. Reimbursement of Travel Costs: The State of Texas Travel Guidelines specifies reimbursement rates for lodging, meals, and mileage. Refer to the current rates located at CPA's State of Texas Travel Guidelines website: https://fmx.cpa.state.tx.us/fmxltravel/textravel/index.php For areas not listed, the rates are as follows: a) Lodging: Actual lodging expense not to exceed the federal rate for that city. Cities that are not listed may not exceed $83/day. b) Meal Cost: Actual meal expense not to exceed the federal rate for that city. Cities that are not listed may not exceed $46/day. Meal expenses will only be reimbursed if the travel requires an overnight stay, c) Mileage: Actual miles may not to exceed the official mileage allowed in the CPA Texas Mileage Guide. Effective January 1, 2015 the rate is 56¢. The State of Texas has adopted the federal travel reimbursement rates and the new rates may be accessed from the CPA website listed above or the federal GSA website: htto://www.gsa.gov/portal/category/21287. Note: In addition to the state mileage guide, the agency uses MapQuest.com to report the mileage between duty points. Travelers must attach a copy of the MapQuest showing the miles and directions between two duty points as supporting documentation. Contract personnel or subcontractors shall make a good faith effort to comply with the State of Texas Travel Guidelines. State travel expense reimbursement is not a per diem. Employees and contractors must claim the actual expenses incurred for meals and lodging not to exceed the maximum allowable rates. The maximum should not be claimed unless the actual expenditures equal or exceed the maximum allowable rate. No expenditures will be reimbursed for costs related to: a) Food/refreshments (except while on travel status) b) Gifts or items that appear to be gifts c) Souvenirs, memorabilia, or promotional items Rev. 2/15 SPECIAL PROVISIONS - A Program - Specific Provisions (Optional — Type here any specific program provisions or assurances derived from the authorizing statute that apply to the activities to be conducted under this Contract.) Special Provisions - B Debarment and Suspension Certification (Required for all federally -funded contracts) This certification may be used to comply with Executive Orders 12549 and 12689, Debarment and Suspension, 2 CFR §180.300, Responsibilities of Participants Regarding Transactions Doing Business With Other Persons. CERTIFYING STATEMENT (1) The prospective lower tier participant certifies, by submission of this Contract, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this Contract. Citibus — Lubbock Transit Authority Organization Name Name and Title of Authorized Representative 10 Date Special Provisions - C Part A Lobbying Certification (Required for all federally -funded contracts greater than $100,000) Submission of this certification is required by the U.S. Department of Agriculture and Section 1352, Title 31 of the j United States Code. It is a prerequisite for making or entering into a subgrant or subcontract over $100,000 with any organization. (See next page of this schedule for further instructions.) 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 agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant 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 grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, Special Provisions D Part B "Disclosure of Lobbying Activities," 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 subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact on which the U.S. Department of Agriculture and the Texas Department of Agriculture relied when it made or entered into this grant or Contract. Any organization that 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. Citibus — Lubbock Transit Authority Organization Name Bill Howerton, Assistant City Manager Name and Title of Authorized Representative 11 Date GENERAL INSTRUCTIONS FOR SPECIAL PROVISIONS - C PART A LOBBYING CERTIFICATION This is a Congress of the United States and the U. S. Department of Agriculture requirement. The Contractor must submit this schedule to TDA for a federal -funded contract(s) with an approved amount in excess of $100,000. TDA will be unable to pay for any obligations established by the Contractor unless this schedule is submitted. (1) In addition, if the Contractor makes a subgrant or subcontract in excess of $100,000 to another organization of any type, then the Contractor shall require this form to be filed with and retained by the Contractor. According to federal law, failure to obtain the certification subjects the Contractor to civil penalties. (2) This certification states that the Contractor is prohibited from using federal funds for influencing or attempting to influence any member of Congress or its employees or any federal agency employee concerning the making or awarding of a federal grant. (3) This certification also states that if the Contractor pays or has paid any funds other than federal funds to any one person or organization for influencing or attempting to influence any member of Congress or its employees, or any federal agency employee concerning the making or awarding of a federal grant, that the Contractor will disclose to whom payments were made, how much money was involved and the type of work involved. The Contractors must use Special Provisions D Part B, Disclosure of Lobbying Activities for complying with this disclosure requirement. The Contractor shall require this form to be filed with the Contractor on any subgrants or subcontracts it makes in excess of $100,000 if funds have been spent as stipulated in this paragraph. The Contractor will then forward a legible copy of Special Provisions D Part B, Disclosure of Lobbying Activities to the Texas Department of Agriculture. Additionally, this certification requires the Contractor to incorporate the language of this certification into any award or Contract documents for awarding subgrants or subcontracts that exceed $100,000 and that subgrantees and subcontractors shall certify and disclose accordingly. 12 TEXAS DEPARTMENT OF AGRICULTURE Disclosure of Lobbying Activities Complete this form to disclose lobbying activities for lobbying services procured (pursuant to Title 31 U.S.C. §1352). This disclosure form is required for any federal grant/contract received in excess of $100,000 and on any subgrant/subcontract made by the grantee/contractor. (Read the instructions for this schedule for further information.) Do not complete and sign this disclosure form unless lobbying activities are being disclosed. Federal Program Name: 1. Type of Federal Action: 2. Status of Federal Action 3. Report Type ❑ Contract ❑ Bid/Offer/Application ❑ Initial Filing ❑ Grant ❑ Initial Award ❑ Material Change ❑ Post -award For Material Change Only: Year Quarter Date of Last Report: 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is Subawardee, ❑ Subawardee Enter Name and Address of Prime: Tier , if known: Texas Department of Agriculture 1700 N. Congress Avenue Congressional District, if known: Austin, Texas 78701 Congressional District: 10 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 Registrant B) Individuals Performing Services (include address, if different from 10 A) (if individual, Last name, First name, Ml): (Last name, First name, MO: 11. Information requested through this form is authorized by Title 31 U.S.C. §1352. This disclosure of lobbying Signature: activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure Print Name: is required pursuant to Title 31 U.S.C. §1352. This Title: information will be reported to the Congress semi- annually and will be available for public inspection. Telephone No: Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than Date: $10,000 and not more than $100,000 for each such failure. Federal Use Only: Authorized for Local Reproduction Standard Form—LLL (STCONT) 13 GENERAL INSTRUCTIONS FOR SPECIAL PROVISIONS - C PART B DISCLOSURE OF LOBBYING ACTIVITIES The filing of this 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 federal 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. Complete all items that apply for both the initial filing and material change report. 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. Each organization shall file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by such organization. An event that materially affects the accuracy of the information reported includes: (a) A cumulative increase of $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or (b) A change in the organization(s) or individual(s) influencing or attempting to influence a covered Federal action; or (c) A change in the officer(s), employee(s), or Member(s) of Congress contacted to influence or attempt to influence a 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. 5. 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 the Federal action identified in item 1 (e.g., Request for Proposal (ICC) number; Invitation for Bid (IFB) 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., "]CC -DE -90-001." 9. For a covered Federal action where there has been an award by the Federal agency, enter the Federal amount of the award for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10(a). Enter Last Name, First Name, and Middle Initial (MI). 11. The certifying official shall sign and date the form, print his/her name, title, and telephone number. 14