4-06 - Exhibit D - 33D.pdf

Solicitation No. 2098066

DART Form 33D Page 1 of 12 Exhibit D

DALLAS AREA RAPID TRANSIT

EXHIBIT D

SPECIAL PROVISIONS

Table of Contents

1 ADDITIONAL DEFINITIONS (D-200.11A, AUG 90)

2 INDEFINITE DELIVERY/INDEFINITE QUANTITY (D-200.01B, JAN 17)

3 AVAILABILITY OF FUNDS (MULTI-TERM) (D-200.24A, JAN 02)

4 NOTICE TO PROCEED (D-200.02A, MAR 02)

5 TERM OF CONTRACT (D-200.03A, JUN 06)

6 EXERCISE OF OPTION (D-200.03C, JAN 02)

7 OPTION TO EXTEND SERVICES (6-303.01, FEB 04)

8 INVOICING AND PAYMENT (D-200.07A, JUN 01)

9 DISCOUNTS FOR PROMPT PAYMENTS (D-203.08, OCT 24)

10 INSURANCE REQUIREMENTS FOR SUPPLY/SERVICES CONTRACTS (D-200.08A, MAR 02)

11 CONTRACT IDENTIFICATION NUMBER (D-200.21A, AUG 04)

12 DRUG-FREE WORKPLACE PROGRAM (D-6.402.32, OCT 24)

13 KEY PERSONNEL (D-200.25 AUG 04)

14 STATE OF TEXAS PUBLIC TRANSPORTATION CONTRACT (D-200.10C, FEB 91)

15 WARRANTY OF SERVICES (6-303.10, JUN 86)

16 U.S. DEPARTMENT OF HOMELAND SECURITY’S E-VERIFY SYSTEM (D-700.02, OCT 24)

17 DISCLOSURE OF INTERESTED PARTIES (D-700.03, FEB 16)

18 KEY PERFORMANCE INDICATORS

19 CONTINUITY OF SERVICES

20 KICK-OFF AND ANNUAL REVIEW MEETING

1 Additional Definitions (D-200.11A, AUG 90)

As used throughout this contract, the following terms shall have the meaning as set forth below.

(a) D/FW Consolidated Metropolitan Statistical Area (D-200.11B, AUG 90)

The D/FW CMSA (Dallas/Fort Worth Consolidated Metropolitan Statistical Area) includes the following nine (9) Texas counties: Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall and Tarrant.

(b) DART Service Area (D-200.11C, SEP 96)

The DART Service Area includes the following thirteen (13) Texas cities: Addison, Carrollton, Cockrell Hill, Dallas, Farmers Branch, Garland, Glenn Heights, Highland Park, Irving, Plano, Richardson, Rowlett, and University Park.

(c) Work Day (D-200.11D, NOV 05)

“Work day” is defined as any day Monday through Friday, except Authority designated holidays. Holidays that fall on a Saturday are observed on the Friday before the holiday. Holidays that fall on a Sunday are observed the following Monday.

DART Form 33D Page 2 of 12 Exhibit D

2 Indefinite Delivery/Indefinite Quantity (D-200.01B, JAN 17)

(a) This is an indefinite delivery, indefinite quantity contract for the supplies or services specified elsewhere in the contract. The quantities of supplies and services specified are estimates only and are not guaranteed to be purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Authority, when and if ordered, a maximum of 125% worth of goods and services. The Authority shall order a minimum of 50% worth of goods and services.

(c) Except for any limitations on quantities, which may be specified elsewhere in this contract, there is no limit on the number of orders that may be issued.

(d) Orders issued during the effective period of this contract, but not completed within that period, shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Authority's rights and obligations with respect to that order, to the same extent as if the order were completed during the contract's effective period.

3 Availability of Funds (Multi-Term) (D-200.24A, JAN 02)

Funds are not presently available for performance under this contract beyond the current fiscal year. The Authority's obligation for performance of this contract beyond the current fiscal year is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Authority for any payment may arise for performance under this contract beyond the current fiscal year, until the Contractor receives notice of availability of funds, in writing, from the Contracting Officer.

4 Notice to Proceed (D-200.02A, MAR 02)

The Contractor shall not proceed with any work required under this contract without a written Notice to Proceed from the Authority. Any work performed or expenses incurred by the Contractor prior to the Contractor's receipt of Notice to Proceed shall be entirely at the Contractor's risk.

5 Term of Contract (D-200.03A, JUN 06)

The term of this contract shall be a three (3) year base, with two (2) one (1) year options.

6 Exercise of Option (D-200.03C, JAN 02)

(a) The Authority may exercise the option listed on the Schedule of this contract by written notice to the Contractor within the term of the contract. If feasible, the Authority shall give the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Authority to an extension, and any absence of notice shall not affect the validity of any exercise of the option to extend the term of this contract.

(b) If the Authority exercises this option, the extended contract shall be considered to include this option provision.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed Five years and six months.

7 Option to Extend Services (6-303.01, FEB 04)

The Authority may require continued performance of any services within the limits and at the rates stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days before the expiration of the period specified in the contract.

DART Form 33D Page 3 of 12 Exhibit D

8 Invoicing and Payment (D-200.07A, JUN 01)

(a) Invoices may be submitted once per month to:

DART

Accounts Payable P.O. Box 223805 Dallas, Texas 75222-3805 apinvoices@dart.org and shall conform to policies or regulations adopted from time to time by the Authority. Invoices shall be legible and shall contain, as a minimum, the following information: (1) the contract and order number (if any); (2) a complete itemization of all costs including quantities ordered and delivery order numbers (if any); (3) any discounts offered to the Authority under the terms of the contract; (4) evidence of the acceptance of the supplies or services by the Authority; (5) unique traceable invoice number(s); and (6) any other information necessary to demonstrate entitlement to payment under the terms of the contract.

Failure to provide the above critical information may result in the rejection and return of the invoice for resubmission with complete data.

(b) Subject to the withholding provisions of the contract, payment shall be made within 30 days after the Authority's receipt of a properly prepared invoice.

9 Discounts for Prompt Payments (D-203.08, OCT 24)

In connection with any discount offered for prompt payment, time shall be computed from the date of the invoice. If the Contractor has not placed a date on the invoice, the due date shall be calculated from the date the Authority receives a proper invoice, provided the Authority annotates such invoice with the date of receipt a the time of receipt. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or, for an electronic funds transfer, the specified payment date. When the discount date fall on a Saturday, Sunday, or legal holiday when Federal Governments offices are closed and Authority business in not expected to be conducted, payment may be made on the following business day.

10 Insurance Requirements for Supply/Services Contracts (D-200.08A, MAR 02)

a) Prime Contractor’s and Subcontractors Insurance Requirements

The Contractor shall, at all times during the term of this contract and extended terms thereof, provide and maintain the following types of insurance protecting the interests of the Authority and the Contractor with limits of liability not less than those specified below.

Coverage PRIME - Per Occurrence Limit

SUB - Per Occurrence Limit

Required From

General Liability $2M per occ, $4M aggregate, $4M prod.

completed operations. [If Subcontractor’s insurance is insufficient for a loss, Prime Contractor will indemnify DART and pay any shortfalls up to its $2M limits per occ, $4M aggregate limits, and $4M products-completed operations limits.]

$1M per occ, $2M aggregate, $2M prod.

completed operations.

Each Subcontractor

Auto Liability Covering Owned, Hired and Non- Owned Vehicles

$5,000,000 $2,000,000 Subcontractors Operating Dedicated Vehicles mailto:apinvoices@dart.org

DART Form 33D Page 4 of 12 Exhibit D

Auto Liability Covering Owned, Hired and Non- Owned Vehicles

Per Texas Insurance Code Chapter 1954 - Insurance for Transportation Network Company Vehicles

Per Texas Insurance Code Chapter 1954 - Insurance for Transportation Network Company Vehicles

Subcontractors Operating Non- Dedicated Vehicles

Workers Compensation and Employers Liability

Statutory/$1,000,000 each accident, each disease

Statutory/$1,000,000 each accident, each disease

Each Subcontractor

Professional Liability/Technology Errors and Omissions

$2,000,000 per claim As applicable per PRIME assessment.

Cyber Liability covering damages arising from a failure of computer security, or wrongful release of private information including expenses for notification as required by local, state, or federal guidelines.

$2,000,000 As applicable per PRIME assessment.

Subcontractors with access to networks or personal data

Crime Coverage covering persons or entities who handle City money and/or securities, credit card processing, etc., must provide insurance including third- party coverage

$1,000,000 Each Loss $1,000,000 Each Loss

Subcontractors handling credit card transactions.

Prime Contractor and Subcontractors shall provide a Certificate of Insurance evidencing Commercial General Liability and Commercial Automobile Liability coverage that names DART, City of McKinney, and McKinney Urban Transit District (MUTD) as additional insureds on primary/non-contributory basis via blanket endorsement in performance of this Contract, and a blanket waiver of subrogation on all policies.

Professional/Tech E&O and Cyber Liability may be evidence as a Cyber/Tech E&O policy.

(1) Commercial Automobile Liability insurance or its equivalent covering hired and non-owned vehicles used in connection with the work performed under this contract with a combined single limit for bodily injury and property damage liability of not less than $5,000,000 per accident ($2,000,000 for subcontractors). The policy shall include DART, MUTD and the City of McKinney as additional insureds, primary/non-contributory, with waiver of subrogation.

(2) Commercial General Liability insurance or its equivalent providing limits of not less than $2,000,000 for bodily injury and property damage per occurrence, with a general aggregate of $4,000,000, and a products and completed operations aggregate of $4,000,000.The policy shall include DART, MUTD and the City of McKinney as additional insureds, on primary/non-contributory basis, with waiver of subrogation. [NOTE: Subcontractors’ limits $1M, $2M, $2M per chart. If Subcontractor’s insurance is insufficient for a loss, Prime Contractor will indemnify DART and pay any shortfalls up to its $2M limits per occ, $4M aggregate limits, and $4M products-completed operations limits.] There shall not be any policy exclusions or limitations for the following:

Contractual Liability covering

Contractor's obligations herein

Personal Injury & Advertising Liability

DART Form 33D Page 5 of 12 Exhibit D

Medical Payments

Fire Damage Legal Liability

Broad Form Property Damage Liability for Independent Contractors

(3) Professional Liability/Technology Errors and Omissions -The contractor shall provide

Technology Errors and Omissions insurance in an amount not less than $2,000,000 per claim.

Coverage is to remain in effect for the entire duration of the contract and two years after contract expiration date.

(4) Cyber Liability - The contractor shall provide Cyber Liability in the amount of $2,000,000 per claim. Contractors with access to networks or personal data must carry cyber liability coverage for damages arising from a failure of computer security, or wrongful release of private information including expenses for notification as required by local, state, or federal guidelines.

b) Before commencing execution of this contract, the Contractor shall provide certificates of insurance and required endorsements as evidence of insurance for the contractor and each subcontractor. The certificates shall be in Acord form, with checks in the columns to indicate endorsements for additional insured and waivers, plus wordings in the Description Box to state coverage for the required endorsements stipulated in the above paragraphs.

c) Approval of Forms and Companies. All coverage described in this contract shall be in a form and content satisfactory to the Contracting Officer. All insurance should be provided by insurance companies with a Best's Rating of A-/VIII, or better.

d) All policies shall be endorsed to provide thirty (30) days advance written notice of cancellation or non-renewal, other than cancellation for non-payment of premium which shall be ten (10) days notice to DART. Contractor must notify DART of any material change or reduction in coverage to the Contractor's insurance policies.

e) Multiple Policies. The limits of liability as required above may be provided by a single policy of insurance or a combination of primary, excess or umbrella liability policies. But in no event shall the total limit of liability of any one occurrence or accident be less that the amount shown above.

f) Deductibles. Companies issuing the insurance policies and the Contractor shall have no recourse against the Authority for payment of any premiums or assessments for any deductibles, as all such premiums and deductibles are the sole responsibility and risk of the Contractor.

g) No Release. The carrying of the above-described coverage shall in no way be interpreted as relieving the Contractor of any other responsibility or liability under this agreement or any applicable law, statute, regulation or order.

11 Contract Identification Number (D-200.21A, AUG 04)

The contract number shown on the Solicitation, Offer and Award Form, shall be clearly displayed on all correspondence, invoices and submittals.

12 Drug-Free Workplace Program (D-6.402.32, OCT 24)

(a) As used in this clause:

(1) “Alcohol” means ethyl alcohol and any beverage containing ethyl alcohol.

(2) “Controlled substance(s)” means a substance, including a drug and an im- mediate precursor listed in Schedules I through V of Subchapter A of the Texas Controlled Substances Act, DART Form 33D Page 6 of 12 Exhibit D

V.T.C.A., Health and Safety Code, Sections 481.032 - 481.036. These substances include, but are not limited to, marijuana, heroin, LSD, concentrated cannabis or cannabinoids, hashish or hash oil, morphine or its derivatives, mescaline, peyote, phencyclidine (PCP, Angel Dust), opium, opiates, methadone, cocaine, quaaludes, amphetamines, “exotic/designer” drugs, benzodiazepines, Seconal, codeine, barbiturates, phenobarbital, or Valium.

(3) “Safety sensitive task” means each category of work performed at a construction workplace which, if performed by a person impaired by the effects of alcohol or a controlled substance:

(i) would pose a serious risk of death or personal injury to the employee or others inthe vicinity; or

(ii) could compromise the quality of the construction in such manner as would impose a significant public safety risk in the operation of the Authority's public transportation system.

(4) “Drug-free workplace” means a site for the performance of work done in connection with the Authority's construction contract at which employees are prohibited from using alcohol or from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance.

(5) “Employee” means an employee of a Contractor or subcontractor who may be directlyengaged in the performance of work under the Authority's construction contract.

(6) “Reasonable suspicion” means the presence or absence of specific criteria identified in the Contractor's drug-free workplace program (indicating the possibility that a person is under the influence of alcohol or a controlled substance) as observed by the Contractor's supervisory personnel with reasonable training in the identification of such criteria.

(b) The program shall provide for mandatory drug testing of employees who are to perform safety sensitive tasks under the following circumstances:

(1) All employees will be tested prior to assignment to the Authority's construction project to ascertain the use of controlled substances if the employee will be performing safety sensitive tasks; and

(2) When there is a reasonable suspicion that an employee is under the influence of alcohol or a controlled substance at the workplace; and

(3) When an employee has been involved in an accident or unsafe practice (as defined in the Contractor's safety program) at the workplace.

(c) The program may, at the Contractor's discretion, include mandatory employee drug testing under the following circumstances:

(1) As part of or as a follow-up to counseling or rehabilitation for controlled substance use; or

(2) As part of a voluntary employee drug testing program.

(d) A random testing procedure to detect the use of alcohol or a controlled substance by employees performing safety sensitive tasks is required as part of the Contractor's program for the purpose of preventing or deterring hazardous performance. The procedure shall require that, at a minimum, five percent (5%) of the Contractor's employees will be randomly tested within the contract period or within each year of the contract period, whichever period is shorter.

(e) All testing by or on behalf of the Contractor because of a requirement in the Authority's contract shall be conducted only for employees engaged (or to be engaged) in safety sensitive tasks and only for use of alcohol or a controlled substance and shall be conducted in a manner and under written policies that

DART Form 33D Page 7 of 12 Exhibit D minimize the intrusion on the employee's privacy and personal dignity. This provision shall not preclude the Contractor from adding its own additional testing requirements.

(f) The Contractor shall publish a statement notifying employees that the use of alcohol at the workplace or the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance by employees at any time is prohibited and specifying the actions that will be taken against employees for violations of such prohibition.

(g) The program must require each employee who will perform a safety sensitive task, prior to working under the Authority's contract to:

(1) Acknowledge in writing the Contractor's drug-free workplace program; and

(2) Give advance written consent to any drug testing that may be conducted under the Contractor's program and the use of test results for decisions related to employment, disciplinary action, or continued employment. The Contractor will agree, in connection with the employee's consent, that the results of testing for alcohol and controlled substances will not be voluntarily referred to any law enforcement agency. If the Contractor is subject to a collective bargaining agreement:

(i) the procedure for obtaining the individual employee's acknowledgment and consent must be consistent with the Contractor's obligations under the collective bargaining agreement;

and

(ii) employees shall have the right to be accompanied by a union representative when any specimen is obtained for testing.

(h) The Contractor will establish a drug-free awareness program to inform its employees about:

(1) The dangers of drug abuse in the workplace;

(2) The Contractor's policy of maintaining a drug-free workplace;

(3) Any available drug counseling, rehabilitation, and employee assistance programs; and

(4) The penalties that may be imposed upon employees who refuse to submit to required testing and for other violations of the drug-free workplace program including, but not limited to, being un-able to remain employed at the workplace until approval to return is obtained from the Authority.

(i) The Contractor's drug-free workplace program shall, at a minimum, include:

(1) Policies and procedures for specimen collection, chain of custody for specimens, laboratory qualification standards, laboratory analysis procedures, quality control requirements, and test result reporting procedures which substantially conform to the material requirements of the Mandatory Guidelines for Federal Workplace Drug Testing Programs promulgated by the U.S. Department of Health and Human Services in effect on the date of award of the Authority's construction contract.

(2) Procedures for the Contractor's employees to report their use of prescription drugs used in the course of medical treatment or which have been prescribed and authorized for use by a licensed medical practitioner.

(3) The criteria the Contractor will use for “reasonable suspicion” testing.

(4) The levels of alcohol or controlled substances which will be used in conjunction with a determination that an employee is “under the influence” or is “impaired by the effects of” alcohol or controlled substance(s).

DART Form 33D Page 8 of 12 Exhibit D

(j) The Contractor shall display a notice, prominently placed near each entrance to the workplace, stating that, by entering the premises, persons are consenting to an inspection of themselves and their property including, but not limited to, their clothing, vehicles, briefcases, lunch boxes, toolboxes, purses, and packages.

(k) The Contractor agrees to use its best efforts to establish and maintain a work environment free of use by employees of alcohol or controlled substances through implementation of paragraphs (b) through (j) of this clause. The Contractor shall prepare and maintain records in sufficient detail to demonstrate compliance with the requirements of this clause including, but not limited to, certifications from subcontractors and records of drug or alcohol tests conducted during performance of the contract. Such records shall be subject to inspection and audit by the Authority, and the Contractor's noncompliance may authorize the Authority to withhold all or any portion of any payments due the Contractor until the Contractor demonstrates compliance.

(l) A Drug-Free Workplace Program clause identical to this clause (except for changes appropriate for designation of the parties), including this subparagraph (l), will be included in every subcontract entered into in connection with this contract.

(m) Contractor shall comply with all applicable local, state, and federal laws, standards, rules and regulations concerning Substance Abuse Programs, including, but not limited to Federal Acquisition Regulation (FAR) 52.226-7, “Drug-Free Workplace”, 49 CR Part 655, “Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations” and 49 CFR Part 40, “Procedures for Transportation Workplace Drug and Alcohol Testing Programs.”

13 Key Personnel (D-200.25 AUG 04)

The Contractor shall not remove or reassign any key personnel, without submitting a written request to and obtaining written consent from the Contracting Officer prior to taking such action. However, the Contractor shall, if requested to do so by the Contracting Officer, remove or reassign any key personnel not acceptable to the Authority. For performance of this contract the key personnel are those persons whose names are specified in the Contractor’s proposal.

14 State of Texas Public Transportation Contract (D-200.10C, FEB 91)

This contract contains monies provided by the State of Texas to DART under a Public Transportation Contract. Accordingly, whenever the word "UMTA," "Department of Transportation," "DOT," or the "Federal Government" is used in Exhibit E (the Addendum to General Provisions (Federally-Assisted Supply/Service Contract), the "State of Texas or its authorized representative" shall also be included.

15 Warranty of Services (6-303.10, JUN 86)

(a) "Acceptance,"as used in this clause, means the act of an authorized representative of the Authority by which the Authority assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services, as partial or complete performance of the contract. "Correction," as used in this clause, means the elimination of a defect.

(b) Notwithstanding inspection and acceptance by the Authority or any provision concerning the conclusiveness thereof, the Contractor warrants that all services performed under this contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this contract. The Contracting Officer shall give written notice of any defect or nonconformance to the Contractor. This notice shall state either (1) that the Contractor shall correct or reperform any defective or nonconforming services, or (2) that the Authority does not require correction or reperformance.

(c) If the Contractor is required to correct or reperform, it shall be at no cost to the Authority, and any services corrected or reperformed by the Contractor shall be subject to this clause to the same extent as work initially performed. If the Contractor fails or refuses to correct or reperform, the Contracting Officer

DART Form 33D Page 9 of 12 Exhibit D may, by contract or otherwise, correct or replace with similar services and charge to the Contractor the cost occasioned to the Authority thereby, or make an equitable adjustment in the contract price.

(d) If the Authority does not require correction or reperformance, the Contracting Officer shall make an equitable adjustment in the contract price.

16 U.S. Department of Homeland Security’s E-Verify System (D-700.02, OCT 24)

(a) Definitions. As used in this clause-

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply that is—

(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” at Federal Acquisition Regulation (FAR) 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products. Per 46 CFR 525.1 (c)(2), "bulk cargo" means cargo that is loaded and carried in bulk onboard ship without mark or count, in a loose unpackaged form, having homogenous characteristics. Bulk cargo loaded into intermodal equipment, except LASH or Seabee barges, is subject to mark and count and, therefore, ceases to be bulk cargo.

Employee assigned to the contract means an employee who was hired after November 6, 1986 (after November 27, 2009 in the Commonwealth of the Northern Mariana Islands), who is directly performing work, in the United States, under a contract that is required to include the clause prescribed at 22.1803.

An employee is not considered to be directly performing work under a contract if the employee-

(1) Normally performs support work, such as indirect or overhead functions; and

(2) Does not perform any substantial duties applicable to the contract.

Subcontract means any contract, as defined in 2.101, entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

Subcontractor means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime Contractor or another subcontractor.

United States, as defined in 8 U.S.C. 1101(a)(38), means the 50 States, the District of Columbia, Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, and the U.S. Virgin Islands.

(b) Enrollment and verification requirements.

(1) If the Contractor is not enrolled as a Federal Contractor in E-Verify at time of contract award, the Contractor shall-

(i) Enroll. Enroll as a Federal Contractor in the E-Verify program within 30 calendar days of contract award;

(ii) Verify all new employees. Within 90 calendar days of enrollment in the E-Verify program, begin to use E-Verify to initiate verification of employment eligibility of all new hires of the https://www.acquisition.gov/far/2.101#FAR_2_101 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section40102(4)&num=0&edition=prelim https://www.acquisition.gov/far/22.1803#FAR_22_1803 https://www.acquisition.gov/far/2.101#FAR_2_101 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101(a)(38)&num=0&edition=prelim

DART Form 33D Page 10 of 12 Exhibit D

Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); and

(iii) Verify employees assigned to the contract. For each employee assigned to the contract, initiate verification within 90 calendar days after date of enrollment or within 30 calendar days of the employee’s assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section).

(2) If the Contractor is enrolled as a Federal Contractor in E-Verify at time of contract award, the Contractor shall use E-Verify to initiate verification of employment eligibility of-

(i) All new employees.

(A) Enrolled 90 calendar days or more. The Contractor shall initiate verification of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); or

(B) Enrolled less than 90 calendar days. Within 90 calendar days after enrollment as a Federal Contractor in E-Verify, the Contractor shall initiate verification of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); or

(ii) Employees assigned to the contract. For each employee assigned to the contract, the Contractor shall initiate verification within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section).

(3) If the Contractor is an institution of higher education (as defined at 20 U.S.C. 1001(a)); a State or local government or the government of a Federally recognized Indian tribe; or a surety performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond, the Contractor may choose to verify only employees assigned to the contract, whether existing employees or new hires. The Contractor shall follow the applicable verification requirements at (b)(1) or (b)(2) respectively, except that any requirement for verification of new employees applies only to new employees assigned to the contract.

(4) Option to verify employment eligibility of all employees. The Contractor may elect to verify all existing employees hired after November 6, 1986 (after November 27, 2009, in the Commonwealth of the Northern Mariana Islands), rather than just those employees assigned to the contract. The Contractor shall initiate verification for each existing employee working in the United States who was hired after November 6, 1986 (after November 27, 2009, in the Commonwealth of the Northern Mariana Islands), within 180 calendar days of-

(i) Enrollment in the E-Verify program; or

(ii) Notification to E-Verify Operations of the Contractor’s decision to exercise this option, using the contact information provided in the E-Verify program Memorandum of Understanding (MOU).

(5) The Contractor shall comply, for the period of performance of this contract, with the requirements of the E-Verify program MOU.

(i) The Department of Homeland Security (DHS) or the Social Security Administration (SSA) may terminate the Contractor’s MOU and deny access to the E-Verify system in accordance with the terms of the MOU. In such case, the Contractor will be referred to a suspension or debarment official.

http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1001(a)&num=0&edition=prelim

DART Form 33D Page 11 of 12 Exhibit D

(ii) During the period between termination of the MOU and a decision by the suspension or debarment official whether to suspend or debar, the Contractor is excused from its obligations under paragraph (b) of this clause. If the suspension or debarment official determines not to suspend or debar the Contractor, then the Contractor must reenroll in E-Verify.

(c) Web site. Information on registration for and use of the E-Verify program can be obtained via the Internet at the Department of Homeland Security Web site: https://www.e-Verify.gov.

(d) Individuals previously verified. The Contractor is not required by this clause to perform additional employment verification using E-Verify for any employee-

(1) Whose employment eligibility was previously verified by the Contractor through the E-Verify program;

(2) Who has been granted and holds an active U.S. Government security clearance for access to confidential, secret, or top secret information in accordance with the National Industrial Security Program Operating Manual; or

(3) Who has undergone a completed background investigation and been issued credentials pursuant to Homeland Security Presidential Directive (HSPD)-12, Policy for a Common Identification Standard for Federal Employees and Contractors.

(e) Subcontracts. The Contractor shall include the requirements of this clause, including this paragraph

(e) (appropriately modified for identification of the parties), in each subcontract that-

(1) Is for—(i) Services (except for commercial services that are part of the purchase of a COTS item (or an item that would be a COTS item, but for minor modifications), performed by the COTS provider, and are normally provided for that COTS item); or

(ii) Construction;

(2) Has a value of more than $3,500; and

(3) Includes work performed in the United States.

17 Disclosure of Interested Parties (D-700.03, FEB 16)

(For contracts of $1 million or more or that require Board authorization) As a condition for Contract award, the bidder or offeror selected for award in accordance with Texas Government Code, Section 2252.908, shall submit within 5 days of notification of Board approval a Disclosure of Interested Parties form electronically on the Texas Ethics Commission website and a signed notarized copy of the form to the Authority.

The Disclosure of Interested Parties form must be submitted as prescribed by the Texas Ethics Commission located at: https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

18 Key Performance Indicators

Monthly Key performance indicators are as follows:

Key Performance Indicator Incentive Goal Wait time Less than 30 minutes

19 Continuity of Services

The Contractor recognizes that the services under this Contract are vital to DART and must be continued without interruption and that upon Contract expiration, a successor, either DART or another Contractor https://www.e-verify.gov/ https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

DART Form 33D Page 12 of 12 Exhibit D may continue them. The Contractor agrees to cooperate in effecting an orderly and efficient transition to a successor.

20 Kick-Off and Annual Review Meeting

The Authority, in collaboration with the Contractor, will hold the kickoff meeting in person at the McKinney City Hall. Furthermore, an in-person meeting will be conducted once per year for the duration of the active contract term. The purpose of this annual meeting is to assess the status of service productivity with the intent to improve service efficiency and discuss well-timed implementation of possible cost-saving efforts for the Agency