HomeMy WebLinkAboutResolution - 2019-R0336 - Interlocal Agreement With Txdot - Sharing ITS Data - 09/24/2019 Resolution No. 2019-RO336
Item No. 6.17
September 24, 2019
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, an Interlocal Agreement, by and between the City
of Lubbock and "Texas Department of Transportation, for sharing ITS data and operating ITS
hardware and networks, and related documents. Said Agreement 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 September 24, 2019
DANIEL M. POPE, MA OR
ATTEST:
Rebec k?
City Secretary
APP OVED AS TO NTENT:
L. oo Fra lin, P.E.. Division of Public Works
APPROVED AS TO FORM:
Amy s,treputy City Atto
Resolution No. 2019-R0336
Contract No. 05-OTMF6003
Interlocal Agreement*
Sharing ITS Data, and Operating ITS Hardware & Networks
General Services Division —Contract Services Section Transmittal Form
From: 5— Lubbock District
Contact Person: Jeremy Dearing, P.E.
(District/Division/Office) Phone Number: 806 748-4471
Subject: Contract
Continued operation of the Traffic Management Center(TMC) at the City of Lubbock Traffic
Engineering office utilizing TxDOT's Intelligent Transportation System (ITS)within the city
limits of Lubbock
Contract Maximum Amount Payable:
Other Entity: City of Lubbock
$472,500
Are any federal funds used in this contract? No
Is the other party to this contract a county? No
Does this contract involve the construction, improvement, or repair of a building or road? No
If the answer to both questions is "Yes," a resolution, ordinance, or official meeting minutes from the
Local Government's commissioners' court must be included as Attachment C.
Interlocal Agreement for Page 1 of 1
Sharing ITS Data, and Operating ITS Hardware& Networks
Resolution No. 2019-RO336 Contract No. 05-OTMF6003
THE STATE OF TEXAS §
THE COUNTY OF TRAVIS §
INTERLOCAL AGREEMENT
Sharing ITS Data, and Operating ITS Hardware & Networks
THIS CONTRACT is entered into by the Contracting Parties under Government Code, Chapter 791.
I. CONTRACTING PARTIES:
Texas Department of Transportation TxDOT
City of Lubbock Local Government
II. PURPOSE: Operate the Traffic Management Center (TMC) at the City of Lubbock Traffic Engineering office utilizing
TxDOT's Intelligent Transportation System (ITS)within the city limits of Lubbock.
III. STATEMENT OF SERVICES TO BE PERFORMED: TxDOT and the Local Government will undertake and carry out
services described in Attachment A, Scope of Services.
IV. CONTRACT PAYMENT: The total amount of this contract shall not exceed $472,500 and shall conform to the
provisions of Attachment B, Budget. Payments shall be billed monthly.
V. TERM OF CONTRACT: Payment under this contract beyond the end of the current fiscal biennium is subject to
availability of appropriated funds. If funds are not appropriated, this contract shall be terminated immediately with no
liability to either party. This contract begins when fully executed by both parties and terminates five (5) years from that
date, or when otherwise terminated as provided in this Agreement.
VI. LEGAL AUTHORITY: TxDOT is the owner of Intelligent Transportation Systems (ITS) infrastructure being
constructed along segments of the State Highway System throughout Texas. This ITS infrastructure, of which TxDOT
owns certain rights, title and interests related thereto, including copyrights, produces transportation-related information
that is used for traffic management.
THE PARTIES certify that the services provided under this contract are services that are properly within the legal authority
of the Contracting Parties.
The governing body, by resolution dated September 24, 2019, has authorized the Local Government to provide the
scope of services as shown in Attachment C.
This contract incorporates the provisions of Attachment A, Scope of Services; Attachment B, Budget; Attachment C,
General Terms & Conditions; Attachment D, Local Government Resolution; Attachment E, Guidelines for Use of State
Equipment and Infrastructure; Attachment F, Staffing Schedule; Attachment G, Information Resources and Security
Requirements.
CITY OF LUBBOCK
By Date September 24, 2019
Daniel e, Mayor
ATTEST
September 24, 2019
Date
R ecca a , City ecretary
APPROVED AS
TO CONTENT Date
/-4��
e P.E., Division erector of Public Works
APPROVED AS
TO FORM Date:;r, 7�"
ant tt ey
FOR THE STATE TEXAS
Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect
of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized
by the Texas Transportation Commission
By Date
Kenneth Stewart
Director of Contract Services
Interlocal Agreement for Page 1 of 1
Sharing ITS Data,and Operating ITS Hardware&Networks
Contract No. 05-OTMF6003
ATTACHMENT A
Scope of Services
TxDOT hereby grants the Local Government a non-exclusive right, license, and privilege to obtain and share
transportation-related information. Functional requirements for Facilities, Hardware, Software, and
Communications are outlined below as applicable. Each party is financially responsible for their own activities as
outlined below.
RIGHTS GRANTED
By TxDOT By Local Government
1. Facilities—Provide connection to TxDOT District 1. Facilities-The Local Government operates a TMC
Advanced Traffic Management System (ATMS) local within their existing Traffic Engineering building to
area network as a client(s) at a secure level to be conduct daily operations of TxDOT-Lubbock District
determined by TxDOT. ITS Freeway Management within the city limits of
2. Hardware—Provide encoders, switches and Lubbock.
convertors.
3. Software- Provide use of TxDOT ATMS software as
a client(s) at a secure level to be determined by
TxDOT.
4. Communications- Provide configuration of a client
workstation on the TxDOT District CCTV control
software with privilege for camera selection and
access to pan, tilt, and zoom at a secure level to be
determined by TxDOT. Guidelines for use of pan,
tilt, and zoom are listed in Attachment D;
Provide configuration on the TxDOT Lubbock District
Dynamic Message Sign (DMS) system and allow the
City of Lubbock Traffic Engineering staff(TMC
Operators)to post messages that are specific to
incident management and traffic control. Emergency
operations and security messages including but not
limited to Amber Alert, Silver Alert, Blue Alert,
Endangered Missing Persons Alert, Pandemic Flu,
burn bans, flooding, etc. will be posted by TxDOT
Lubbock District staff. TxDOT reserves the right to
pre-empt any message display at any time with
another message.
PROVISION OF INFRASTRUCTURE
By TxDOT By Local Government
1. Facilities -TxDOT will allocate $94,500 each year 1. Facilities- Provide the building and make any
of the biennium for the operation and maintenance necessary improvements to their TMC control room
of the ITS TMC at the City of Lubbock. at no cost to TxDOT.
TxDOT will reimburse the Local Government for 2. Hardware-The Local Government is responsible for
actual costs related to the Local Government's maintaining, in good condition, the hardware
responsibilities in the operations of the TMC. supplied to the Local Government by TxDOT.
TxDOT will not charge administrative or other 3. Software- Local Government will retain ownership of
charges not identified in this agreement. all city purchased software.
2. Hardware—The startup hardware and software was Maintain and incur the costs of all city owned
previously supplied to the City of Lubbock Traffic equipment located at their TMC or other city owned
Interlocal Agreement for Page 1 of 2
Sharing ITS Data,and Operating ITS Hardware&Networks Attachment A
Contract No. 05-OTMF6003
Engineering Department. Will provide replacement facilities and will retain ownership of all city
equipment according to TxDOT's refresh schedule. purchased equipment, supplies and software.
Retain ownership of any equipment purchased by 4. Communications -The Local Government will
TxDOT for use at the ITS TMC at the City of maintain the TxDOT ITS fiber network; will provide
Lubbock. certification of all fiber installations and repairs and
3. Software- Provide software and support to allow will be reimbursed by TxDOT for their actual labor
The Local Government access to systems and costs as defined in Attachment B, Budget.
data. 5. The Local Government will provide proper
Retain ownership of and be responsible for the documentation to TxDOT in the form of invoices,
maintenance and operations of all ITS software, time sheets, etc. to justify reimbursement requests.
and hardware located at TxDOT Lubbock's
Information Resource Office(servers, decoders, 6. The Local Government in cooperation with
etc.), and ITS field devices (dynamic message TxDOT will utilize their membership in the Texas
signs, closed circuit television cameras, microwave Excavation Safety System, Inc. (DigTess)to
vehicle detection devices, etc.). locate TxDOT-owned fiber optic and signal cable
along ITS corridors and within the boundaries of
4. TxDOT or TxDOT's contractor will be responsible signalized intersections within the City of
for any damage done to fiber and/or signal cable Lubbock. The following is a list of parameters
lines located on TxDOT ROW.TxDOT will process and commitments both parties agree to:
any damage claims against the contractor in order
to collect reimbursement for any associated costs. a. When Dig Tess notifies the Local Government
to locate underground infrastructure in TxDOT
right-of-way (ROW), the Local Government will
notify TxDOT.
b. The Local Government and TxDOT will jointly
locate TxDOT fiber and/or signal cable lines
that are in TxDOT ROW
NON-MONETARY COMPENSATION
By TxDOT By Local Government
1. TxDOT will design the TMC and specify, purchase 1. Staff and operate the TMC in accordance with the
and install all equipment, hardware, software, and staffing schedule shown as Attachment F; the Local
related communications. Government will submit changes to the hours of
2. Provide technical assistance to the Local operations to the TxDOT Lubbock District Engineer
Government for operational management of the for prior approval.
TMC, including training. 2. The Local Government agrees to give TxDOT voice
3. TxDOT will provide list of required information and/or visual credit (TxDOT Logo)for sharing the
needed for inventory (i.e., type, manufacturer, information. TxDOT may transmit Lubbock District
model, serial number). TMC ITS video information to the Local Government
with an imbedded TxDOT Logo. The Local
Government shall not block, modify, or remove the
TxDOT Logo.
3. The Local Government will perform annual inventory
of the hardware, software or other TxDOT equipment
at the TMC and provide to TxDOT.
Interlocal Agreement for Page 2 of 2
Sharing ITS Data,and Operating ITS Hardware&Networks Attachment A
Contract No. 05-OTMF6003
ATTACHMENT B
Budget
Reimbursable charges for work performed by the City of Lubbock:
• Reimbursements shall not exceed $94,500 per year.
• The reimbursements shall include the following two (2) services:
a. Operation of TMC shall be $80,430 per year
b. Fiber Optic Network Maintenance shall not exceed $14,070 per year and will be itemized in the
following manner:
i. Technician (Hourly rate+ Benefits)
ii. Materials
Annual Price Adiustment:
Starting one year from the contract execution date, and each year following until contract termination, an
adjustment may be made to the reimbursements mentioned above; any changes shall be effective only upon
execution of an amendment to this agreement. TxDOT will permit reimbursement rate adjustments upwardly or
downwardly when correlated with the price index specified herein. Unless otherwise indicated, the price index shall
be the specified index as published by the Bureau of Labor Statistics, Washington, DC 20212. The baseline index
shall be the index announced for the month in which the bids opened. Prices may be adjusted for each renewal
period in accordance with changes in the index. The allowable percent change shall be calculated by subtracting
the baseline index from the most current index announced and dividing the result by the baseline index. The
allowable percent change shall be rounded to the nearest one-hundredth of one percent and shall be the maximum
unit price adjustment permitted, except that the Local Government may offer price decreases in excess of the
allowable percent change.
Reimbursement changes shall reflect the Consumer Price Index for All Urban Consumers(CPI-U)for the South
published by the United States Department of Labor. The CPI-U for the South baseline index month and year for
the original term of service is the month that this agreement is executed. Unit prices may be adjusted from this base
for the first renewal period in accordance with changes in the index.
Interlocal Agreement for Page 1 of 1
Sharing ITS Data,and Operating ITS Hardware&Networks Attachment B
Contract No. 05-OTMF6003
ATTACHMENT C
General Terms and Conditions
Article 1. Additional Work
A. If the Local Government is of the opinion that any assigned work is beyond the scope of this contract
and constitutes additional work, it shall promptly notify TxDOT in writing. The written notice shall
present the relevant facts and show how the work constitutes additional work.
B. If TxDOT in its sole discretion finds that the work does constitute additional work, TxDOT shall so
advise the Local Government and a written amendment will be executed. The Local Government
shall not perform any proposed additional work or incur any additional costs before the execution of
an amendment.
C. TxDOT shall not be responsible for actions by the Local Government or for any costs incurred by the
Local Government relating to additional work that is performed before an amendment is executed or
that is outside the scope of the contract, as amended.
Article 2. Rights Granted
TxDOT hereby grants the Local Government a non-exclusive right, license, and privilege worldwide to
use all or portions of TxDOT's ITS Field Network and ITS Business Network for the purpose of obtaining
and sharing transportation-related information. The Local Government agrees that this agreement does
not transfer or convey any ownership or any rights other than those rights expressly granted by the
agreement. A more detailed description of rights granted shall be provided in Attachment A, to this
agreement, which is attached hereto and incorporated herein for all purposes.
Article 3. Prohibition Against Videotaping of TxDOT Video Feed
The Local Government further agrees that it shall not copy nor duplicate, or allow to be copied, any of the
video feeds that are provided by TxDOT in connection with this agreement.
Article 4. Provision of Infrastructure
TxDOT may provide unused ITS infrastructure and TxDOT facilities to support the additional
infrastructure when possible, and when deemed to be in the best interest of TxDOT. The Local
Government agrees that the TxDOT does not guarantee the availability of the data or a minimum
response time to reestablish the broadcast of the data due to network or system failures. As the use of
the data will result in social, economic, and environmental mitigation, by increasing mobility and reducing
congestion on public highways, the TxDOT agrees to waive any fees associated with the use of TxDOT
property. A more detailed description of ITS infrastructure to be provided by each party is shown in
Attachment A. The Local Government shall not place any objects or equipment in the State Right-of-
Way or on any other TxDOT property without advance written permission from the District Engineer or
designee.
Article 5. Copyright Infringement
The Local Government shall notify TxDOT of any infringement or potential infringement by a third party,
of which it becomes aware, of the copyright or any other rights owned by TxDOT relating to the systems,
including but not limited to hardware and software. The Local Government shall provide TxDOT, if
feasible, any information or other assistance requested by TxDOT to assist in TxDOT's prosecution of
any breaches or infringements.
Article 6. Taxes and Fees
The Local Government agrees to report to the appropriate taxation authority and pay all federal, state,
and local taxes or fees that may be imposed by any governmental entity for the use of the license.
Article 7. Assignment Prohibition
The Local Government is prohibited from assigning the license or licensing any of the rights conferred by
this agreement, to any third party. Notwithstanding the foregoing, the Local Government may assign its
licensed rights to an affiliated corporate entity or to a purchaser of substantially all its assets without
TxDOT's consent, provided that TxDOT's rights under this agreement remain unaffected. Any
assignments shall be subject to the terms and conditions of this agreement.
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Sharing ITS Data,and Operating ITS Hardware&Networks Attachment C
Contract No. 05-OTMF6003
Article 8. Amendments
This contract may only be amended by written agreement executed by both parties before the contract is
terminated.
Article 9. Conflicts Between Agreements
If the terms of this contract conflict with the terms of any other contract between the parties, the most
recent contract shall prevail.
Article 10. Nonconforming Work
If the Local Government submits work that does not comply with the terms of this contract, TxDOT shall
instruct the Local Government to make any revisions that are necessary to bring the work into
compliance with the contract. No additional compensation shall be paid for this work.
Article 11. Termination
This contract terminates at the end of the contract term, when all services and obligations contained in
this contract have been satisfactorily completed, by mutual written agreement, or 30 days after either
party gives notice to the other party, whichever occurs first. TxDOT shall compensate the Local
Government only for those eligible expenses that are incurred during this contract and that are directly
attributable to the completed portion of the work covered by this contract and only if the work has been
completed in a manner satisfactory and acceptable to TxDOT. The Local Government shall neither incur
nor be reimbursed for any new obligations after the date of termination. Termination of the agreement
shall extinguish all rights, duties, obligations and liabilities of TxDOT and Local Government of this
agreement. All rights granted to the Local Government shall revert to TxDOT as owner of the
information. Upon termination of this agreement, the Local Government will immediately cease
transmitting, using, distributing and/or modifying the electronic signals. Termination or expiration of this
agreement shall not extinguish any of the Local Government's or TxDOT's obligation under this
agreement which by their terms continue after the date of termination or expiration.
Article 12. Indemnification
To the extent allowed by law, The Local Government shall indemnify and save harmless TxDOT from
any and all losses, liabilities, damages, claims, demands, costs, expenses, or other liabilities arising out
of or connected with Local Government's possession or use of the information during the agreement
including, but not limited to, any illegal or improper use of the information or any violation of right to
privacy. To the extent allowed by law, The Local Government's indemnification of TxDOT shall extend
for a period of three (3) years beyond the termination of this agreement.
Article 13. Funding
TxDOT shall pay for services from appropriation items or accounts from which like expenditures would
normally be paid. Payments received by the Local Government shall be credited to the current
appropriation items or accounts from which expenditures of that character were originally made. if for
any reason subcontractors and suppliers, if any, are not paid before TxDOT reimburses the Local
Government for their services, the Local Government shall pay the subcontractors and suppliers all
undisputed amounts due for work no more than 10 days after the Local Government receives payment
for the work unless a different time is specified by law. This requirement also applies to all lower-tier
subcontractors and suppliers and must be incorporated in all subcontracts. If the Local Government fails
to comply with this Article, TxDOT may withhold payments and suspend work until the subcontractors
and suppliers are paid. The Local Government is authorized to submit requests for reimbursement no
more frequently than monthly and no later than ninety (90) days after costs are incurred.
Article 14. Basis for Calculating Reimbursement Costs
TxDOT will reimburse the Local Government for actual costs incurred in carrying out the services
authorized in Attachment A, Scope of Services, subject to the cost categories and estimated costs set
forth in Attachment B, Budget. TxDOT shall compensate the Local Government for only those eligible
expenses incurred during this contract that are directly attributable to the completed portion of the work
covered by this contract, provided that the work has been completed in a manner satisfactory and
acceptable to TOOT. The Local Government shall not incur or be reimbursed for any new obligations
after the effective date of termination. The Local Government shall bill TOOT for actual travel
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Contract No. 05-OTMF6003
expenses, not to exceed the limits reimbursable under state law. Out-of-state or out-of-country travel by
the Local Government requires prior approval by TxDOT.
Article 15. Gratuities
Any person who is doing business with or who reasonably speaking may do business with TxDOT under
this contract may not make any offer of benefits, gifts, or favors to employees of TxDOT. The only
exceptions allowed are ordinary business lunches and items that have received the advanced written
approval of the Executive Director of the Texas Department of Transportation.
Article 16. Conflict of Interest
The Local Government shall not assign an employee to a project if the employee:
A. owns an interest in or is an officer or employee of a business entity that has or may have a contract
with the state relating to the project;
B. has a direct or indirect financial interest in the outcome of the project;
C. has performed services regarding the subject matter of the project for an entity that has a direct or
indirect financial interest in the outcome of the project or that has or may have a contract with
TxDOT; or
D. is a current part-time or full-time employee of TxDOT.
Article 17. Local Government Resources
All employees of the Local Government shall have adequate knowledge and experience to enable them
to perform the duties assigned to them. The Local Government certifies that it currently has adequate
qualified personnel in its employment to perform the work required under this contract or will be able to
obtain adequate qualified personnel from sources other than TxDOT. On receipt of written notice from
TxDOT detailing supporting factors and evidence, the Local Government shall remove from the project
any employee of the Local Government who is incompetent or whose conduct becomes detrimental to
the work. Unless otherwise specified, the Local Government shall furnish all equipment, materials,
supplies, and other resources required to perform the work.
Article 18. Assignment Subcontracts
A subcontract may not be executed by the Local Government without prior written authorization by
TxDOT. Subcontracts in excess of $25,000 shall contain all applicable terms and conditions of this
contract. No subcontract will relieve the Local Government of its responsibility under this contract.
Neither party shall assign any interest in this agreement.
Article 19. Responsibilities of the Parties
Each party acknowledges that it is not an agent, servant, or employee of the other party. Each party is
responsible for its own acts and deeds and for those of its agents, servants, or employees.
Article 20. Disputes
The Local Government shall be responsible for the settlement of all contractual and administrative issues
arising out of procurements entered in support of contract services. TxDOT shall be responsible for the
settlement of any dispute concerning this contract unless the dispute involves a subcontract.
Article 21. Remedies
Violation or breach of contract by the Local Government shall be grounds for termination of the
agreement. Any increased costs arising from the Local Government's default, breach of contract or
violation of contract terms shall be paid by the Local Government.
Article 22. Confidentiality
The Local Government shall not disclose information obtained from TxDOT under this contract without
the express written consent of TxDOT.
Article 23. Procurement and Property Management Standards
The parties shall adhere to the procurement standards established in Title 49 CFR §18.36 and to the
property management standards established in Title 49 CFR §18.32. The Local Government shall not
sell the equipment provided under this agreement or convert or use the equipment for purposes other
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Contract No. 05-OTMF6003
than the intended purpose specified in this agreement. The Local Government shall return unused
equipment to TxDOT.
Article 24. License for TxDOT Logo Use
A. Grant of License; Limitations. The Local Government is granted a limited revocable non-exclusive
license to use the registered TxDOT trademark logo (TxDOT Flying "T") on any deliverables prepared
under this contract that are the property of the State. The Local Government may not make any use
of the registered TxDOT trademark logo on any other materials or documents unless it first submits
that request in writing to the State and receives approval for the proposed use. The Local
Government agrees that it shall not alter, modify, dilute, or otherwise misuse the registered TxDOT
trademark logo or bring it into disrepute.
B. Notice of Registration Required: The Local Government's use of the Flying 'T' under this article
shall be followed by the capital letter R enclosed within a circle (®) that gives notice that the Flying 'T'
is registered in the United States Patent and Trademark Office (USPTO).
C. No Assignment or Sublicense. The Local Government may not assign or sublicense the rights
granted by this article without the prior written consent of the State.
D. Term of License. The license granted to the Local Government by this article shall terminate at the
end of the term specified by this contract.
Article 25. Records and Ownership
A. The Local Government agrees to maintain all books, documents, papers, accounting records, and
other evidence pertaining to costs at its office during the contract period and for four years from the
date of final payment under the contract. These materials shall be made available for inspection and
copying by TxDOT, by the State Auditor's Office, and by their authorized representatives. If the
contract is federally funded, these materials shall also be made available for inspection and copying
by the U.S. Department of Transportation and by the Office of the Inspector General.
B. After completion or termination of this contract, all documents prepared by the Local Government or
furnished to the Local Government by TxDOT shall be delivered to and become the property of
TxDOT. All sketches, photographs, calculations, and other data prepared under this contract shall be
made available, on request, to TxDOT without restriction or limitation of further use.
C. TxDOT shall own all title to, all interests in, all rights to, and all intellectual property (including
copyrights, trade and service marks, trade secrets, and patentable devices or methods) arising from
or developed under this contract.
D. Except to the extent that a specific provision of this contract states to the contrary, all equipment
purchased by TxDOT or by the Local Government or its subcontractors under this contract shall be
owned by TxDOT and will be delivered to TxDOT at the time the contract is completed or terminated.
E. The State Auditor may conduct an audit or investigation of any entity receiving funds from TxDOT
directly under the contract or indirectly through a subcontract under the contract. Acceptance of
funds directly under the contract or indirectly through a subcontract under this contract acts as
acceptance of the authority of the State Auditor, under the direction of the legislative audit committee,
to conduct an audit or investigation in connection with those funds. An entity that is the subject of an
audit or investigation must provide the State Auditor with access to any information the State Auditor
considers relevant to the investigation or audit.
Article 26. Reference to Costs Principles and Circulars
Reimbursement with state or federal funds will be limited to costs determined to be reasonable and
allowable under cost principles established in OMB Circular A-21, "Cost Principles for Educational
Institutions," or OMB Circular A-87, "Cost Principles for State and Local Governments." The parties shall
comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit
report includes the coverage stipulated in OMB Circular A-133.
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Sharing ITS Data,and Operating ITS Hardware&Networks Attachment C
Contract No. 05-OTMF6003
Article 27. Equal Employment Opportunity
The Local Government agrees to comply with Executive Order 11246, entitled "Equal Employment
Opportunity," as amended by Executive Order 11375 and as supplemented by Department of Labor
regulations, 41 CFR Part 60. The Local Government agrees to consider minority universities for
subcontracts when the opportunity exists. The Local Government warrants that it has developed and
has on file appropriate affirmative action programs as required by applicable rules and regulations of the
Secretary of Labor.
Article 28. Nondiscrimination
A. The Local Government shall comply with the regulations of the U.S. Department of Transportation
relating to nondiscrimination in federally-assisted programs, including 49 CFR, Part 21; 23 CFR,
Subchapter C; and 41 CFR, Part 60-74 (the Regulations).
B. The Local Government, with regard to the work performed during this agreement, shall not
discriminate on the basis of race, color, sex, national origin, age, religion, or disability in the selection
and retention of subcontractors, including procurements of materials and leases of equipment.
C. In all solicitations either by competitive bidding or negotiation made by the Local Government for
work to be performed under a subcontract, including procurements of materials and leases of
equipment, but not including routine purchase orders, each potential subcontractor or supplier shall
be notified by the Local Government of the Local Government's obligations under this agreement and
the Regulations.
D. The Local Government shall provide all information and reports required by the Regulations and
directives issued under the Regulations and shall permit access to its books, records, accounts, other
sources of information, and facilities as may be determined by the Texas Department of
Transportation or the U.S. Department of Transportation to be pertinent to ascertain compliance with
the Regulations or directives. if any information required of the Local Government is in the exclusive
possession of another who fails or refuses to furnish this information, the Local Government shall so
certify to the Texas Department of Transportation or the U.S. Department of Transportation,
whichever is appropriate, and shall set forth what efforts the Local Government has made to obtain
the requested information.
E. In the event of the Local Government's noncompliance with the nondiscrimination provision of this
agreement, the Texas Department of Transportation shall impose such sanctions as it or the U.S.
Department of Transportation may determine to be appropriate.
F. The Local Government shall include the provisions of paragraphs A through E in every subcontract,
including procurements of materials and leases of equipment, except routine purchase orders, unless
exempt by the Regulations or directives. The Local Government shall take such lawful action with
respect to any subcontract or procurement as the Texas Department of Transportation may direct as
a means of enforcing these provisions, including sanctions for noncompliance. In the event the Local
Government becomes involved in or is threatened with litigation with a subcontractor or supplier as a
result of directions given by TxDOT, the Local Government may request the Texas Department of
Transportation to enter into the litigation to protect the interests of the State. In addition, the Local
Government may request the United States to enter into litigation to protect the interests of the
United States.
Article 29. Compliance with Laws
The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules, and
regulations and with the orders and decrees of any courts or administrative bodies or tribunals in any
manner affecting the performance of this agreement. After receiving a written request from TxDOT, the
Local Government shall furnish TxDOT with satisfactory proof of its compliance with this Article.
Article 30. Notices
All notices to either party by the other party required under this agreement shall be delivered personally
or sent by certified or U.S. Mail, postage prepaid, addressed to such party at the following respective
physical addresses:
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Contract No. 05-OTMF6003
TxDOT Texas Department of Transportation
Lubbock District
ATTN: Director of Transportation Operations
135 Slaton Highway
Lubbock, TX 79404
Local Government City of Lubbock
ATTN: Division Director of Public Works
P.O. Box 2000
Lubbock, TX 79457
Article 31. Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf
of the entity represented.
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Sharing ITS Data,and Operating ITS Hardware&Networks Attachment C
Contract No. 05-OTMF6003
Attachment D
Local Government Resolution
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Sharing ITS Data,and Operating ITS Hardware&Networks Attachment D
Contract No. 05-OTMF6003
ATTACHMENT E
Guidelines for Use of State Equipment and Infrastructure
ITS FIELD EQUIPMENT: Closed Circuit Television (CCTV) Cameras; Dynamic Message Signs
(DMS); Radar Vehicle Detection Systems (RVDS)
1. During the normal operating hours of the TMC, operational, access shall normally be limited to
TxDOT, City of Lubbock Traffic Engineering and the City of Lubbock Police Department. This is the
case during peak and non-peak hours. Peak traffic flow is normally considered to exist regularly
during two periods of the day, Monday through Friday. In general, one period of peak traffic flow
exists in the early morning and the other period of peak traffic flow exists in the late afternoon.
Additional periods of peak traffic flow may exist at other times during the weekday and weekend due
to special events and public gatherings. Precise times of regular and additional anticipated peak
periods of traffic flow shall be the sole determination of TxDOT and may change from time to time.
2. During an incident, operational access shall be extended to emergency service agencies in addition
to TxDOT and the City of Lubbock Traffic Engineering staff. An incident is defined as any condition
in which traffic flow is not normal. As an example, abnormal traffic flow could be caused by debris in
the road, such as a mattress or board, or could be caused by non-recurring congestion, such as on-
lookers to an automobile accident, public gathering, construction, or roadway maintenance. The
duration of the incident shall be considered complete once any TxDOT, City of Lubbock and/or
emergency service personnel and vehicles have departed from the incident scene and traffic flow has
returned to normal.
3. Only TxDOT and the City of Lubbock Traffic Engineering staff shall have operational control of the
DMS system. Verbiage used in posting messages shall be limited to either those in a pre-approved
library or specific to incident control for a given situation or broad general traffic and safety
information, the intent and nature of which is approved by TxDOT. Changes to DMS messages or
settings for any non-transportation related information purpose is forbidden at any time. A single
breach of any of the above guidelines shall be grounds to immediately withdraw the privilege of DMS
control.
4. During the hours in which the TMC is closed, the City of Lubbock Police Department and the
Emergency Operations (TMC) staff will have Pan, Tilt, and Zoom control of the CCTV cameras for
broad general traffic information as it relates to visual detailed information of an incident or other
situations which impact the flow of traffic.
CCTV pan, tilt, and zoom for enforcement and any non-transportation related information purpose is
forbidden at any time. A single breach of any of the above guidelines shall be grounds to
immediately withdraw the privilege of pan, tilt, and zoom.
5. Access to ITS field equipment may be withdrawn at anytime By TxDOT without notice if access is
determined to not be in the best interest of TxDOT.
HARDWARE FOR CONTROL OF TxDOT TMC OPERATIONS
1. Equipment — All TxDOT equipment to be furnished to the Local Government is listed separately in
Attachment A, Scope of Services. TxDOT retains full and complete title in the equipment and nothing
in this agreement shall grant to the Local Government, its officers or employees ownership in the
TxDOT equipment.
2. State Equipment Procurement — TxDOT shall purchase all hardware, software, and communications
that it determines is initially needed to support the TxDOT ITS TMC operations in approved Local
Government office locations.
3. Equipment Installation — TxDOT will provide for the installation of the equipment in the approved
Local Government office locations. TxDOT will not pay for any Local Government employee time
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ATTACHMENT F
Staffing Schedule
There will be a minimum of one employee on duty. The Manager will provide additional staffing on an as needed
basis during the hours of operations and for special events. Special events will be coordinated with TxDOT staff in
advance to ensure proper management of traffic flow.
Monday 7:00 a.m. to 6:30 p.m.
Tuesday 7:00 a.m. to 6:30 p.m.
Wednesday 7:00 a.m. to 6:30 p.m.
Thursday 7:00 a.m. to 6:30 p.m.
Friday 7:00 a.m. to 6:30 p.m.
The TMC will be closed each day the City of Lubbock observes the following holidays:
• New Year's Day
• Martin Luther King Day
• Good Friday
• Memorial Day
• Independence Day, July 4th
• Labor Day
• Thanksgiving Day, and the day after Thanksgiving
• Christmas Eve and Christmas Day.
Operation of the system after hours will be handled through an on-call network using a remote computer to access
and operate the ITS field devices.
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ATTACHMENT G
Information Resources and Requirements
1. TYPES OF DATA
"TxDOT Data" means TxDOT information, data, records, and information to which the Contractor has
access, has possession, or is otherwise provided to the Contractor by TxDOT, whether or not intended under or for
the purposes of the agreement, including, without limitation, data generated or collected under this agreement,
intellectual property created as a work for hire under this agreement, and information that may be used to identify a
person including name, address, e-mail address, passwords, account numbers, social security numbers, credit card
information, personal financial or healthcare information, personal preferences, demographic data, marketing data,
credit data, or any other identification data.
TxDOT Data is classified into the three categories that control applicability of security standards:
Confidential, Sensitive, and Public. See Section 4 for Definitions.
Any data that the Contractor accesses and downloads from a TxDOT system, for use, manipulation,
storage, or management is Confidential Data, unless otherwise specified in writing by TxDOT.
2. DATA REQUIREMENTS
2.1.Data, Data Dictionaries, and Data Flow Diagrams
Contractor shall ensure that all TxDOT Data that is generated, manipulated, transmitted, or stored,
utilizes the TxDOT taxonomy, with documented data'dictionaries, and data flow diagrams(including security
protocols).
2.2.Data Transfer
2.2.1. At the completion of a deliverable, the Contractor shall transfer all TxDOT Data
generated and stored for that deliverable to State in manner and format acceptable to the State
and approved by IMD.
2.2.2. All metadata associated with the TxDOT Data transferred must remain attached to that data.
2.2.3. Contractor shall maintain the appropriate level of data security throughout the transfer of the
TxDOT data.
2.3.Backup and Disaster Recovery
2.3.1. Contractor shall implement business continuity procedures to fulfill all requirements of this
agreement that address, as a minimum, fire, theft, natural disaster, technical difficulty, workforce
problems equipment failure, or other disruption of business.
2.3.2. Contractor shall maintain a disaster recovery plan. Contractor is responsible for all project
related costs of disaster recovery during the project except for costs associated with disasters beyond
Contractor's reasonable control, and for those costs included as part of the TxDOT infrastructure
responsibilities.
2.4.Open Records Requests
2.4.1. Contractor shall not release Information in response to an open record request related to this
agreement request unless TxDOT has approved the release in writing.
2.5.Encryption
2.5.1. For Sensitive and Confidential TxDOT data, the Contractor shall encrypt the data while in-transit
and while at-rest in accordance with the Department of Information Resources("DIR") Controls Catalog
Standard SC-13, Cryptographic Protection and SC-08, Transmission Confidentiality and Integrity and
TxDOT security requirements.
3. INFORMATION RESOURCE AND SECURITY REQUIREMENTS
3.1.Information Security Safeguards
3.1.1. Contractor shall implement appropriate administrative, physical, and technical safeguards, in
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accordance with TxDOT's security requirements, that reasonably and appropriately protects the
confidentiality, integrity, and availability of TxDOT data.
3.1.2. Contractor shall conform its policies and procedures relating to the implementation of security
safeguards to comply with TxDOT's Information Resources security program pursuant to the Texas
Department of Information Resources' Information Security Controls Catalog Standards. Systems
with Public data must be in compliance with the low baseline and systems with Sensitive and
Confidential data must be compliant with the moderate baseline.
3.2.Breach Notification
Contractor shall immediately report to TxDOT via IMD-Security@TxDOT.gov any security breach of
TxDOT data that the Contractor is responsible for(See Section 4, Definitions).
3.3.Demonstrating Compliance with Information Security Requirements
Upon reasonable notice to the Contractor, or if TxDOT determines that the Contractor has violated this
agreement, TxDOT, directly or through its agent, may request an attestation and evidence that Contractor is in
compliance with applicable laws, regulations, and standards outlined in 3.4.
3.4.Security Training
Any contractor that has access to a TxDOT computer system or database must complete a TxDOT
approved cybersecurity training program certified under Section 2054.519. The training program must be
completed by a contractor during the term of the contract and during any renewal period. The Contractor is
required to verify completion of the cybersecurity training program in a method designated by TxDOT.
3.5.Applicable Laws, Regulations,and Standards
Contractor shall perform the services in accordance with the following standards, notify TxDOT of
situations where compliance is not achievable, and assist TxDOT with the prevention of security gaps or conflicts
that could impair security performance. Contractor shall comply with all applicable federal, state, and local laws
and regulations necessary to perform the services. A non-exhaustive list of federal, state, and local laws and
regulations that might be applicable include the following.
3.5.1. DIR Security Controls Standard Catalog and applicable TxDOT Security Requirements
3.5.1.1. For Public Data, Texas DIR Security Controls Standards Catalog low baseline and
applicable TxDOT security requirements
3.5.1.2. For Sensitive and Confidential Data, Texas DIR Security Controls Standards
Catalog moderate baseline and applicable TxDOT security requirements.
3.5.2. State Laws and Regulations:
3.5.2.1. Title 1 of Texas Administrative Code
3.5.2.1.1. Chapter 202— Information Security Standards
3.5.2.1.2. Chapter 206—State Websites
3.5.2.1.3. Chapter 213—Electronic and Information Resources
3.5.2.2. Texas Government Code, Chapter 552— Public Information
3.5.2.3. Texas Penal Code, Chapter 33—Computer Crimes
3.5.2.4. For Confidential data, Texas Business and Commerce Code, Chapter 521 —
Unauthorized Use of Identifying Information
3.5.2.5. For Confidential data containing Protected Health Information, Texas Health and
Safety Code, Chapter 181 —Medical Records Privacy
3.6.Information Resources Technology
3.6.1. Any proposed information resources technology that will be installed on any TxDOT owned
equipment or that will access any TxDOT network must be reviewed and approved by the
Architectural Review Board ("ARB") in the Information Management Division ("IMD") prior to any
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development or design.
3.6.2. Any proposed information resources technology that will be installed on any TxDOT
owned equipment or that will access any TxDOT network must be reviewed and approved by the
IMD Change Advisory Board ("CAB") prior to implementation or delivery.
3.7.Information Resources Technology("IRT") Procurements
IMD must approve all procurements of:
3.7.1. Information Resources Technology that will be owned by TxDOT.
3.7.2. IT services for any environment that provides processing, storage, networking,
management and the distribution of data to ensure alignment with GAC, Chapter 2054, Subchapter
L.
4. DEFINED TERMS
4.1."Breach"means "breach of system security"as defined in Section 521.053(a) of the Texas Business
and Commerce Code, which defines breach of system security as"the unauthorized acquisition of
computerized data that compromises the security, confidentiality, or integrity of sensitive personal
information maintained by a person, including data that is encrypted if the person accessing the data has the
key required to decrypt the data."
4.2."Confidential Information" has the meaning provided in 1 Texas Administrative Code§ 202.1(5), which
states the confidential information means"information that must be protected from unauthorized disclosure
or public release based on published laws or legal agreements." Information that is Confidential Information
under this definition includes
4.2.1. Dates of birth of living persons
4.2.2. Driver's license numbers
4.2.3. License plate numbers
4.2.4. Credit card numbers
4.2.5. Insurance policy numbers
4.2.6. Attorney-Client communications
4.2.7. Drafts of policymaking documents
4.2.8. Information related to pending litigation
4.2.9. Audit working papers
4.2.10. Competitive bidding information before contract awarded.
4.2.11. Personal Identifiable Information
4.2.12. Sensitive Personal Information
4.2.13. Regulated data
4.2.14. Information excepted from disclosure requirements of Chapter 552 of the Texas
Government Code("Texas Public Information Act") or other applicable state or federal law
4.2.15. Compliance reports for which the Texas Attorney General has granted permission to
withhold
4.2.16. Investigative working papers and draft reports excepted from disclosure under Section
552.116 of the Texas Government Code
4.3."Data" means the representation of facts; as the raw material of information that is used as a basis for
reasoning, decision-making, discussion, or calculation.
4.4."Data Dictionary" means a directory of the definitions, purpose, policies and structure about data. It is a
compilation of information about the data owned by the enterprise. It describes every data item in a
database in enough detail for users and application developers to know what the data is and how to make
use of it.
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4.5."Information" means data, regardless of form, that is created, contained in, or processed by information
resources facilities, communications networks, or storage media.
4.6."Information Resources Technology" means data processing and telecommunications hardware,
software, services, supplies personnel,facility resources, maintenance and training that are employed,
designed, built, operated, and maintained to collect, record, process, store, retrieve, display, and transmit
information.
4.7."Personal Identifying Information" means information that alone or in conjunction with other
information identifies an individual, including an individual's:
4.7.1. Name, social security number, date of birth, or government-issued identification number;
4.7.2. Mother's maiden name;
4.7.3. Unique biometric data, including the individual's fingerprint, voice print, and retina or iris
image;
4.7.4. Unique electronic identification number, address, or routing code; and
4.8. "Public Data" means Data that is subject to public disclosure pursuant to the Texas Public
Information Act and freely and without reservation made available to the public.
4.9. "Public information" means information written, produced, collected, assembled, or maintained by
or for a governmental body, including information held by individual officers or employees of a governmental
body, in connection with the transaction of official TxDOT business. This includes information that is held by
contractors and consultants and that TxDOT owns, to which TxDOT has a right of access, or on which public
money was spent for the purpose of writing, producing, collecting, assembling, or maintaining the
information. Public information includes any electronic communication created, transmitted, received, or
maintained on any device if the communication is in connection with the transaction of official business.
Public information may be stored in any medium and may exist in forms such as books, papers, letters,
documents, e-mails, Internet postings, text messages, instant messages, printouts, photographs, maps,
drawings, and audio and video recordings. Public information does not include tangible items, such as
computers or guardrails.
4.10. "Sensitive Data" means as any information that could be subject to release under an open records
requests, but should be controlled to protect third parties, and should be vetted and verified before release.
At TxDOT, this could include operational information, personnel records, research, or internal
communications.
4.11. "Sensitive Personal Information" has the meaning provided by Section 521.002(2) of the Texas
Government Code, which defines sensitive personal information as:
4.11.1. An individual's first name or first initial and last name in combination with any one or more
of the following items, if the name and item are not encrypted:
4.11.1.1. Social Security Number
4.11.1.2. Driver's license number or government-issued identification number; or
4.11.1.3. Account number or credit or debit card number in combination with any required
security code, access code, or password that would permit access to an individual's
financial account; or
4.11.2. Information that identifies an individual and relates to:
4.11.2.1. The physical or mental heal or condition of the individual;
4.11.2.2. The provision of health care to the individual; or
4.11.2.3. Payment for the provision of health care to the individual.
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expended, any physical alterations the Local Government may make to its offices to accommodate
the TxDOT or Local Government equipment, or for the installation of Local Government workstations.
4. Programming — TxDOT will perform all computer programming needed for the development and
continued support of the TOOT statewide ITS software.
5. Maintenance — TOOT will provide maintenance required for the equipment during the term of the
agreement. Provisions will be made by TOOT for the timely repair or replacement of the TOOT
equipment. TOOT will also provide the Local Government with ongoing basic maintenance support
for the software installed on TOOT equipment.
The Local Government shall be responsible for full repair or replacement costs for TOOT equipment
in the event the equipment placed under Local Government control is damaged or lost. The repair
cost shall be determined by TOOT. The replacement cost shall be determined by the cost of
equivalent equipment under contract at the time the damage or loss occurs. In addition, the Local
Government shall be responsible for any service costs resulting from problems caused by
unauthorized software or hardware residing on the TxDOT or Local Government workstations. The
TOOT equipment will be monitored and any unauthorized software which is detected will be
removed. The Local Government's payment for repair or replacement costs for damaged or lost
TOOT equipment, or service costs resulting from problems caused by unauthorized software
residing on TOOT workstations, or installation of unauthorized hardware on the TOOT equipment,
shall be remitted to TOOT by the Local Government within 30 days of written request by TOOT.
6. Equipment Movement — The Local Government shall notify TOOT of its intent to add, move, close,
or remodel (if equipment or cabling is affected) any Local Government office in which TOOT or
Local Government equipment is currently installed, or will need to be installed or removed.
Notification must be in writing and shall be submitted prior to the anticipated date the change will
occur. Minimum notification periods:
■ 30 days in the case of an office close or remodeling;
■ 90 days in the case of an office location change;
■ 180 days in the case of an additional office location.
7. Unauthorized Use of Equipment — Unauthorized entry into TOOT equipment for any reason,
including but not limited to attempts to repair the hardware or load unapproved software, is expressly
prohibited. Use of TOOT equipment to connect or access other automated systems is subject to
prior approval of TOOT in writing.
8. Electrical Requirements — The Local Government shall meet and maintain minimum office electrical
requirements as specified by TOOT for operation of the equipment. The Local Government shall be
responsible for the payment of all electrical power costs resulting from the operation of the TOOT
equipment. Unless otherwise specified by TOOT, TOOT equipment shall remain operating 24
hours a day, 7 days a week.
9. Access — TOOT is authorized unlimited physical access to TOOT equipment at the Local
Government office locations during regular Local Government business hours to perform a physical
inventory and unrestricted remote access for upgrades and maintenance.
10. Training — TOOT shall provide on-site initial training for the Local Government's employees on the
TOOT statewide ITS system. TOOT will provide the Local Government with reference materials
and continuing training/advisory support for the system.
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