RES 1418 02/22/2011 �4 OF
C/S�
N
71 X A `'
"City of Choice"
RESOLUTION NO. 1418
A RESOLUTION OF THE CITY OF C113OLO TEXAS, AUTHORIZING THE
CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE TEXAS
DEPARTMENT OF TRANSPORTATION (TXDOT) TO ENABLE THE
POLICE DEPARTMENT TO BE A TESTING AND EVALUATION SITE
FOR THE PROPOSED STATE WIDE CRASH REPORTING AND
ANALYSIS FOR SAFER HIGHWAYS (CRASH) SYSTEM AT NO COST TO
THE CITY.
WHEREAS, the City Council of the City of Cibolo finds it in the best interest of the citizens of
Cibolo that the Police Department be authorized to access the CRASH system to enter and
submit electronic traffic accident reporting information directly to TXDOT via a secure public
internet connection thereby alleviating the need and costs associated with submitting paper crash
reports; and
WHEREAS,the City Council of the City of Cibolo finds that the citizens of Cibolo will receive a
direct benefit by conveniently being able to make online purchases of the traffic accident report
without having to go in person to the Police Department for a paper copy; and
WHEREAS, the City Council of the City of Cibolo finds that citizens of Cibolo will receive
additional benefits from the savings in personnel costs as a result of not having police officers
complete a paper report in the field and then having data entry personnel type the information
into the Police Department database and then having customer service personnel make copies to
mail the reports to TXDOT and to fill open record requests as is currently being done; and
WHEREAS, the City Council of the City of Cibolo finds that the Police Department will retain
complete access to the accident database in order to print copies for those without internet
service and to continue the analysis used to deploy law enforcement resources where they are
most needed for accident prevention; and
WHEREAS, the City Council of the City of Cibolo designates the City Manager of the City of
Cibolo as the authorized official. The authorized official is given the power to enter into, reject,
alter or terminate the agreement on behalf of the City of Cibolo and
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY
OF CIBOLO that the City Manager is hereby authorized to enter into an agreement with
TXDOT to enable the Police Department to test and evaluate the state wide CRASH system.
200 South Main Street,P.O.Box 826,Cibolo,Texas 78108 Phone: 210-658-9900 Fax: 210-658-1687
APPROVED AND ADOPTED ON THIS THE 22"d DAY OF FEBRUARY, 2011.
Jennifer Hartman
Mayor
ATTEST:
f -40 a�Z�Z
Peggy Cimics
City Secretary
200 South Main Street,P.O.Box 826,Cibolo,Texas 78108 Phone: 210-658-9900 Fax: 210-658-1687
Contract No.
THE STATE OF TEXAS §
THE COUNTY OF TRAVIS §
INTERLOCAL AGREEMENT
THIS CONTRACT is entered into by the Contracting Parties under Government Code, Chapter 791.
1 CONTRACTING PARTIES:
Texas Department of Transportation TxDOT
Cibolo Police Department Local Government
II. PURPOSE: Access to the Crash Reporting and Analysis for Safer Highways(CRASH) System..
Ill. STATEMENT OF SERVICES TO BE PERFORMED: 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 $0.00.
V. TERM OF CONTRACT: This contract begins when fully executed by both parties and terminates on September 1,
2015, or when otherwise terminated as provided in this Agreement.
VI. LEGAL AUTHORITY:
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 or ordinance, dated February 22. 2011, has authorized the Local Government to
provide the scope of services.
This contract incorporates the provisions of Attachment A, Scope of Services, Attachment B, General Terms and
Conditions, and Attachment C, Resolution or Ordinance.
Cibolo Police Department
B Date
AUTHORIZED SIGNATURE
Bruce Pearson/City Manager
TYPED OR PRINTED NAME AND TITLE
FOR THE STATE OF 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 2�,p � �/
Janice Mullenix Zz`"
Director, Contract Services Section
Interlocal—Interlocal LG Page 1 of 1 Revised 02/01/2008
Contract No. •/,►xF(p/,�
ATTACHMENT A
Scope of Services
TxDOT will provide access to the Crash Reporting and Analysis for Safer Highways (CRASH) System and
Search components for use by the Local Government. The CRASH component allows the Local
Government to enter crash reports via a secure public internet; alleviating the need to submit paper crash
reports.
TxDOT has purchased a site license from AT Solutions for Easy Street Draw software and will purchase the
annual maintenance for this software for the life of this agreement.
For each crash report submitted to TxDOT via CRASH, TxDOT will make available to the Local Government
the data associated with that crash in a Extensive Markup Language (XML) document format. The
transport mechanism for the Local Government to receive the data will be file transfer protocol (FTP). One
month prior to the Local Government using CRASH, the Local Government will coordinate with TxDOT to
ensure that it is able to receive the data.
TxDOT will provide a CRASH phased, rollout schedule for the Local Government. The TxDOT phased,
rollout schedule will include the number of users allowed access CRASH and the date when user access
will be available.
TxDOT will provide a CRASH training schedule for the Local Government. The TxDOT CRASH training
schedule will include the Local Government name, date, time, location and number of users allowed for
each training session available.
TxDOT will provide user management technical documentation to each Local Government accessing
CRASH.
TxDOT will provide level 1 Help Desk support for CRASH users. The TxDOT help desk support will not
include the following:
• Problems related to the Local Government network
• User ID and password issues, since the Local Government is responsible for user management
The Local Government shall-
• Provide proof that the Local Government has downloaded the Shibboleth open source or SAML 2
compliant user management software to comply with CRASH user management requirements.
• Provide the total number of users by rollout phase.
• Adhere to the TxDOT rollout phase schedule and help desk procedures.
• Attend TxDOT CRASH training per the TxDOT training schedule.
• Use AT Solutions Easy Street Draw (version four or higher) software to meet the diagramming tool
requirement within CRASH.
• Submit crash reports via a secure public internet using the CRASH component.
• Provide the number of users allowed to access CRIS authorization for each CRASH user within one
month prior to using CRASH in production.
• Provide proof the authorization has been tested and that TxDOT can authenticate the CRASH users.
• Review and accept the data sharing format approved by TxDOT.
• Use the Shibboleth user management software within one month prior to using CRASH in
production.
• Download a new version of Shibboleth upon TxDOT notification to ensure that TxDOT and the Local
Government are in sync from a Shibboleth software perspective.
Interlocal—Interlocal—LG Page 1 of 1 Attachment A
Contract No. - bVXF-0 7�
ATTACHMENT B
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.
S. 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. Amendments
This contract may only be amended by written agreement executed by both parties before the contract is
terminated.
Article 3. Notice to Proceed
If Attachment A requires a notice to proceed, the Local Government shall not proceed with any work or incur
any costs until TxDOT issues a written notice to the Local Government authorizing work to begin. Any costs
incurred by the Local Government before receiving the notice are not eligible for reimbursement.
Article 4. 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 5. 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 6. 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.
Article 7. Funding (NOT APPLICABLE)
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.
Interlocal-Interlocal-LG Page 1 of 4 Attachment B
toi 7f
Article 8. Basis for Calculating Reimbursement Costs (NOT APPLICABLE) Contract No. ur'�
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
TxDOT. The Local Government shall not incur or be reimbursed for any new obligations after the effective
date of termination. The Local Government shall bill TxDOT for actual travel 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 9. 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 10. 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 11. 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 12. Assignment Subcontracts (NOT APPLICABLE)
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 13. 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 14. 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 15. 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
interlocal-interlocal-LG Page 2 of 4 Attachment B
Contract No. IXXFAW 7Y
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 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 16. Reference to Costs Principles and Circulars (NOT APPLICABLE)
Reimbursement with state or federal funds will be limited to costs determined to be reasonable and
allowable under cost principles establish 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.
Article 17. 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 18. 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.
Interlocal—Interlocal_I-G Page 3 of 4 Attachment B
Contract No. 5 nZ2Q f- 171
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
means of enforcing these provisions, including sanctions for noncompliance. In the event
respect to any subcontract or procurement as the Texas Department of Transportation may direct as a
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
States.
Government may request the United States to enter into litigation to protect the interests of the United
Article 19. 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 20. Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of
the entity represented.
interlocal—Interlocal—LG Page 4 of 4 Attachment 8
Contract No.
ATTACHMENT C
Resolution or Ordinance
(Resolution or ordinance is attached and made a part of this agreement)
Interlocal—Interlocal—LG Page 1 of 1 Attachment C
0 IF
tj x <
r
TEir
XAS
"City of Choice"
RESOLUTION NO. 141.8
A RESOLUTION OF THE CITY OF CIBOLO TEXAS, AUTHORIZING THE
CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE TEXAS
DEPARTMENT OF TRANSPORTATION (TXDOT) TO ENABLE THE
POLICE DEPARTMENT TO BE A TESTING AND EVALUATION STIE
FOR THE PROPOSED STATE WIDE CRASH REPORTING AND
ANALYSIS FOR SAFER HIGHWAYS (CRASH) SYSTEM AT NO COST TO
THE CITY.
WHEREAS, the City Council of the City of Cibolo finds it in the best interest of the citizens of
Cibolo that the Police Department be authorized to access the CRASH system t0 enter and
submit electronic traffic accident reporting information directly to TXDOT via a secure public
interne[connection thereby alleviating the"
and costs associated with submitting paper crash
reports;and
WHEREAS,the City Council of the City of Cibolo finds that the citizens of Cibolo will receive a
direct benefit by conveniently being able to make online purchases of the traffic accident report
without having to go in person to the Police Department for a paper copy;and
WHEREAS, the City Council of the City of Cibolo finds that citizens of Cibolo will receive
additional benefits from the savings in personnel costs as a result of not having police officers
complete a paper report in the field and then having data entry personnel type the information
into the Police Department database and then having customer service personnel make copies to
mail the reports to TXDOT and to fill open record requests as is currently being done;and
WHEREAS, the City Council of the City of Cibolo finds that the Police Department will retain
complete access to the accident database in order to print copies for those without internet
service and to continue the analysis used to deploy law enforcement resources where they are
most needed for accident prevention; and
WHEREAS, the City Council of the City of Cibolo designates the City Manager of the Ci of
Cibolo as the authorized official. The authorized official is given the power to enter into, reject,
alter or terminate the agreement on behalf of the City of Cibolo and
NOW, THEREFORE,BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY
OF CIBOLO that the City Manager is hereby authorized to enter into an agreement with
TXDOT to enable the Police Department to test and evaluate the state wide CRASH system.
200 South Main Street,P.o_Box 826,Cibolo,Texas 78108 Phone: 210-658-9900 Fax: 210-558-1687
APPROVED AND ADOPTED ON THIS THE 22nd DAY OF FEBRUARY 2011.
Jennifer Hartman
ATTEST. Mayor
r�
Peggy Cimics
City Secretary
200 South Main street,P.O.Box 826,Ciboio,Texas 78108 Phone: 210-sS8-9900 Fax: 210-658-1687