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HomeMy WebLinkAboutResolution - 3888 - Contract - TDOT - OPSTE Project Activities - 05_14_1992Resolution No. 3888 May 14, 1992 Item #17 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract and associated documents by and between the City of Lubbock and the Texas Department of Transportation for Occupant Protection Selective Traffic Enforcement Project activities, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this ATTEST: , Liiy becreta APPROVED AS TO CONTENT: APPROVED AS TO FORM: ummia u. vanaiver,- rir Assistant City Attorney DGV:da/AGENDA-D 1 /oCCPPROT.re9 0 Resolution No. 3888 May 14, 1992 ' • Item #17 Contract No. Charge No. THE COUNTY OF TRAVIS ** r: �. THIS CONTRACT IS MADE BY AND BETWEEN THE STATE OF TEXAS, acting by and through the Texas Department of Transportation,. hereinafter called the Department, and City of Lubbock -. acting by and through its duly authorized officers, hereinafter called the Contractor. For the purpose of this contract, the Contractor is designated as a(n) Local Government WITNESSETH Article 6701j-1, Texas Civil Statutes; declares that tb"e establishment, development, and maintenance of a program of traffic safety in Texas is a vital governmental purpose and function of the State and its legal and political subdivisions; and, ? The Governor of Texas has named the Executive Director of the Department as his representative to administer the Texas Traffic Safety Program; and, The Executive Director has formulated a program of projects for the current fiscal year called the Highway Safety Plan (HSP), and the United States Department of Transportation -(US DOT) has approved the HSP and authorized the Department to proceed with implementation in accordance with approved procedures; and, , The Department and the Contractor agree to implement a traffic safety project generally - . authorized in the HSP, said project described as a(n) occupant Protection Selective Traffic Enforcement Pro iecx NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, the Department and the Contractor do mutually agree as follows. AGREEMENT ARTICLE 1. CONTRACT PERIOD This contract becomes effective on June 1 , 1992 or when fully executed by all parties hereto, whichever occurs later, and shall terminate on August 31, 1992 unless termination occurs as provided for hereinafter. 9/91 Page 1 of 13 TEXAS TRAFFIC SAFETY PROGRAM CONTRACT ARTICLE 2. RESPONSIBILITIES OF THE PARTIES The Contractor shall undertake and complete the project as described in Attachment A, Approved Project Description, and in accordance with all terms and conditions included hereinafter, The Department shall ,provide assistance as appropriate and as specified in said Attachment A. ARTICLE 3. COMPENSATION A. The maxi um amount payable under this contract shall not exceed' the amount of 19,996.00 $unless -modified in writing through; an, amendment pursuant to Article 5. .. B. The method of payment for this contract will be based on actual costs incurred up to and not to exceed the limits specified in Attachment B, Approved Project Budget, unless other methods of payment are specified as follows: 1. If Attachment B, Approved Project Budget, specifies that actual costs will be reimbursed, the amount included in the project budget will be deemed to be an estimate only and a higher amount can be reimbursed, subject to the conditions specified in paragraph C hereunder. 2. If Attachment B, Approved Project Budget, specifies that costs are based on a specific rate, per -unit cost, or other method of payment, reimbursement will be based on the specified method. C. All payments made hereunder will be made in accordance with Attachment B, Approved Project Budget. The Contractor's expenditures may not exceed any budget category in the Approved Project Budget by an amount greater than 5% of the total budget without a written contract amendment. The maximum amount payable shall not be increased as a result of exceeding a budget category without a written contract amendment. D. To be eligible for reimbursementunder this contract, a cost must be incurred in accordance with Attachment B, Approved Project Budget, within the contract period specified in Article 1 above. E. Payment of costs incurred under this contract is further governed by one of the following cost principles, as appropriate, outlined in the Federal Office of Management and Budget (OMB) Circulars: - * A-21, Cost Principles for Educational Institutions; * A-87, Cost Principles for State and Local Governments; or, * A-122, Cost Principles for Nonprofit Organizations. 9/91 Page 2 of 13 F. The Contractor agrees to submit monthly or quarterly requests for reimbursement, as designated in Attachment A, within 30 days,after the end of the billing period. The Contractor will use billing statements acceptable to the Department. The original billing statement and one copy is to be submitted to the address shown on the last page of this contract. G. :The Contractor agrees to submit the final request for payment under this contract within sixty (60) days of the end of the contract period. H. The Department will exercise all good faith to make payments within thirty days of receipt of properly prepared and documented requests for payment. All payments, however, are contingent upon the availability of appropriated funds. I. Project agreements supported with federal funds are limited to the length of the contract period and usually do not receiveextended funding beyond three years. If both the Department and the Contractor agree that the project has demonstrated merit or has potential long-range benefits, the Contractor may apply for funding assistance beyond the three year limit. To be eligible, the Contractor should have a cost assumption plan by the end of the first twelve months and must have a plan by the end of the thirty-sixth month of operation of the project. This plan will include a schedule for phasing in . funding from its own resources and the phasing out of funding support from the Department. All plans must be approved by the Department before any extension beyond the three year limit will be granted. Preference will be given to those projects for which the Contractor has assumed some cost sharing by the end of the first twelve months, and to those which propose to assume the largest percentage of subsequent project costs. Certain categories of funds may be exempted by the federal government from the time limit requirement. Unless exempted, all federally -funded agreements are considered to be subject to the time limit provision: Funding support for all state -funded projects will be limited to the term of the contract. Any extension beyond that time will be negotiated on a case -by -case basis. ARTICLE 4. LIMITATION OF LIABILITY Because funds are authorized on a fiscal year basis only, payment of costs incurred hereunder is contingent upon the availability of funds. " If at any time during the contract period the Department determines that there is insufficient funding to continue the project, the Department shall so notify the Contractor, giving notice of intent to terminate the contract. Such termination will be conducted in such a manner that will minimize disruption to the Contractor and the Department, and as further specified in General Provision G9, Termination. 9/91 Page 3 of 13 TEXAS TRAFFIC SAFETY PROGRAM CONTRACT The Contractor, if other than a State agency, shall be responsible for settlement of any and all claims and lawsuits by third parties arising from or incident to the Department's non-payment of the Contractor's claim under this contract. The Contractor expressly acknowledges that its responsibility includes the payment of all damages, expenses, penalties, fines, costs, charges, and attorney fees, if the claims or lawsuits are based upon the Department's non-payment of claims submitted under this contract. The Contractor shall. defend any suits brought upon all such claims and lawsuits and pay all costs and expenses incidental thereto, but the Department shall have the right at its option to participate in the defense of any suit, without relieving the Contractor of any obligation hereunder. ARTICLES. CONTRACT AMENDMENTS If at any time during the contract period the Department determines that additional funds are needed to continue the project and the maximum amount payable is insufficient, a written amendment is to be executed to authorize additional funds, if the Department and the Contractor determine to continue project funding. The amendment shall be agreed upon by the parties to this contract and shall state the change to the mutual satisfaction of the parties. In no event will the contract period be extended unless a written amendment is executed before the completion date specified in Article 1. ARTICLE 6. ADDITIONAL WORK , If the Contractor is of the opinion that any work it has been directed to perform is beyond the scope of this contract and constitutes additional work, the Contractor shall promptly notify the Department in writing. In the event that the Department finds that such work does constitute additional work, the Department shall so advise the Contractor and provide compensation for doing this work on the same basis as the original work. If the compensation for the additional work will cause the maximum amount payable to be exceeded, a written amendment will be executed. Any amendment so executed must be approved within the contract period specified in Article 1. ARTICLE 7. CHANGES IN WORK When the approved project description requires a completed work product, the Department will review the work as specified in the approved project description. If the Department finds it necessary to request changes in previously satisfactorily completed work or parts thereof, the Contractor will make such revisions as requested and directed by the Department. Such work will be considered as additional work and subject to the requirements established in Article 6. If the Department finds it necessary to require the Contractor to revise completed work to correct errors appearing therein, the Contractor shall make such corrections and no compensation will be paid for the corrections. 9/91 Page 4 of 13 G1. Indemnification To the extent permitted by law, the Contractor, It oilier than a State agency, shall save harmless the Department from all claims and liability due to the acts or omissions of the Contractor, its agents or employees. The Contractor also agrees to save harmless the Department from any and all expenses, including attorney fees, all court costs and awards for damages, incurred by the Department in litigation or otherwise resisting such claims or liabilities' as a result of any activities of the Contractor, its agents or employees. Further, to the extent permitted by law, the Contractor, if other than a State agency, agrees to protect, indemnify, and save harmless the Department from and against all claims, demands and causes of action of every kind and character brought by any employee of the Contractor against the Department due to personal injuries and/or death to such employee resulting from any alleged negligent act, by either commission or omission on the part of the Contractor or the Department. G2. Inspection of Work The Department and, when federal funds are involved, the U.' S. Department of Transportation, and any authorized representative thereof, have the right at all reasonable times to inspect or otherwise evaluate the work performed or being Oerformed hereunder and the premises in which it is being performed. If any inspection or evaluation is made on the premises of the Contractor or a subcontractor, the Contractor shall provide and require his subcontractor to provide all reasonable facilities and assistance for the safety and convenience of the inspectors in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work. G3. Disputes and Remedies The Contractor shall be responsible for the settlement of all contractual and administrative issues arising out of procurements entered in suppdrt of contract work. Disputes concerning performance or payment shall be submitted to the Department for settlement with the Executive Director acting as referee. This agreement shall not be considered as specifyirik the exclusive remedy for any dispute or violation or breach of contract terms, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative. 9/91 Page 5 of 13 TEXAS TRAFFIC SAFETY PROGRAM CONTRACT G4. Noncollusion The Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working for it, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person; 'other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this contract. If the Contractor breaches or. violates this warranty, the Department shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration, or otherwise recover the full amount of such fee, commission, brokerage fee, gift, or contingent fee. GS. Reporting ; Not later than thirty days after the end of each quarter, the Contractor shall submit a performance report using forms provided or approved by the Department. The performance report will include as a minimum (1) a comparison of actual accomplishments to the objectives established for the period, (2) reasons why established objectives were not met, if appropriate, and (3) other pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs. The Contractor shall submit the final quarterly report within 30 days after completion of the contract. The Contractor shall promptly advise the Department in writing of events which have a significant impact upon the contract, including: , 1. Problems, delays, or adverse conditions which will materially affect the ability to attain program objectives, prevent the meeting of time schedules and objectives, or preclude the attainment of project work units by established time periods. This disclosure shall be accompanied by a statement of the action taken, or contemplated, and any Department or Federal assistance needed to resolve the situation. 2. Favorable developments or events that enable meeting time schedules and objectives sooner than anticipated or producing more work units than originally projected. G6. Records . '-, .st. The Contractor agrees to maintain all books, documents, papers, accounting records, and other evidence pertaining to costs incurred and work performed hereunder and shall make such materials available at its office during the contract period and for three years from the date of the final performance report under the contract. Such materials shall be made available during the specified period for inspection by the Department, the U.S. Department of Transportation and the Office of the Inspector General, if the contract is federally funded, and any of their authorized representatives for the purpose of making audits, examinations, excerpts, and transcriptions. 9/91 Page 6 of 13 TEXAS TRAFFIC SAFETY PROGRAM CONTRACT' G7. Audit The Contractor shall comply with the requirements of the Single Audit Act of 1984, PL 98.502, ensuring that the single audit report includes the coverage stipulated in the following, as appropriate: Paragraphs 6, 8, and 9 of Oi Circtdar A-128, "Audits of State and Local Governments," or, OMB Circular A-133, "Audio of bist iutions of Higher Education and Other Nonprofit Institutions. G8. Subcontracts Any subcontract for professional services rendered by individuals or organizations not a part of the Contractor's organization shall not be executed without prior authorization and approval of the subcontract by the Department and, wfi6n fedefal funds are involved, the U.S. Department of Transportation. Subcontracts in excess of $25,000 shall contain all Nequired provisions of this contract. No subcontract will relieve the Contractor of its responsibility under this contract. G9. Termination , The Department may terminate this contract at any time before the date of completion whenever it is determined that the Contractor has failed to comply with the conditions of the contract. The Department shall give written notice to the Contractor at least seven days prior to the effective date of termination and specify the effective date of termination and the reason for termination. If both parties to this contract agree that the continuation of the contract in whole or in part would not produce beneficial results commensurate with the further expenditure of funds, the parties shall agree upon the termination conditions, including the effective date and the portion to be terminated. Upon termination of this contract, whether for cause or at the convenience of the parties hereto, all finished or unfinished documents, data, studies, surveys, reports, maps, drawings, models, photographs, etc. prepared by the Contractor shall, at the option of the Department, become the property of the Department. The Department shall compensate the Contractor for those eligible expenses incurred during the contract period which 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 the Department. The Contractor shall not incur new obligations for the terminated portion after the effective date of termination. 9191 Page 7 of 13 TEXAS TRAFFIC SAFETY PROGRAM CONTRACT Except with respect to defaults of subcontractors, the Contractor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by the Contractor to progress in the performance of the work) if such failure arises out of causes beyond the control and without the default or negligence of the Contractor. Such causes may include but are not limited to acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather. In every case, however, the failure to perform must be beyond the control and without the fault or negligence of the Contractor. GIO. Gratuities Texas Transportation Commission policy mandates that employees of the Department shall not accept any benefits, gifts or favors from any person doing business with or who reasonably speaking may do business with the Department under this contract. The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of the Department's Executive Director, Any person doing business with or who reasonably speaking may do business with the Department under this contract may not make any offer of benefits, gifts or favors to Department employees, except as mentioned hereabove. Failure on the part of the Contractor to adhere to this policy may result in termination of this contract. GIL Compliance With Laws The Contractor shall comply with all Federal, State and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of this contract, including, without limitatioti, workers' compensation_ laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Contractor shall furnish the Department with satisfactory proof of its compliance therewith. GIZ. Successors and Assigns The Department and the Contractor each binds itself, its successors, executors, assigns and administrators to the other party to this agreement and to the successors, executors, assigns and administrators of such other party in respect to all covenants of this agreement. Neither the Department nor the Contractor shall assign, sublet, or transfer its interest in this agreement without written consent of the other. GI3. Ownership of Documents Upon completion or termination of this contract, all documents prepared by the Contractor or furnished to the Contractor by the Department shall be delivered to and become the property of the Department. All sketches, photographs, calculations, and other data prepared under this contract shall be made available, upon request, to the Department without restriction or limitation of their further use. 9/91 Page 8 of 13 The Contractor warrants that it presently has adequate qualified personnel in its employment for performance of services required under this contract, or will be able to obtain such personnel from sources other than the Department. Unless otherwise specified, the Contractot ifiht furnish all equipment, materials, and supplies required to perform the work authorized herein. All employees of the Contractor shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Contractor who, in the opinion of the Department, is incompetent, or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project. G15. Property Management T' . Contractor shall establish and administer a system to control, protect, preserve, use, mantain, and dispose of any property furnished to it by the Department or purchased pursuant to this agreement in accordance with its own property management procedures, provided that the procedures are not in conflict with the Department's property management procedures or property management standards, as appropriate, in: * 49 CFR 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to. State and Local Governments," or, * OMB Circular A-110, "Uniform Requirements for Grants to'Universities, Hospitals, and Other Nonprofit Organizations. G16. Procurement Standards The Contractor shall maintain procurement standards which meet or exceed the requirements, as appropriate, of: * 49 CFR 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments;' or, ` OMB Circular A-110, "Uniforin Ae4uirements for Grants to Universities, ' Hospitals, and Other Nonprofit Organizations. . G17. Insurance When directed by the Department, the Contractor, if other than a State agency, shall provide or shall require its subcontractors to secure a policy of insurance in the maximum statutory limits for tort liability, naming the Department as an additional insured under its terms. When so directed, the Contractor shall provide or shall require its subcontractor to furnish proof of insurance on forms satisfactory to the Department, and shall maintain the insurance during the contract period established in Article 1. 9I91 Page 9 of 13 TEXAS TRAFFIC SAFETY PROGRAM CONTRACT G18. Equal Employment Opportunity The Contractor agrees to comply with Executive Order 11246 entitled "Equal Employment Opportunity" as amended by Executive Order 11375 and as supplemented in Department of Labor Regulations (41 CFR 60). G19. Nondiscrimination ; During the performance of this contract, the Contractor, its assigns and successors in interest, agrees as follows: 1. Compliance with Regulations: The Contractor shall comply with the regulations relative to nondiscrimination in federally assisted programs of the U.S. Department of Transportation, Title 49, Code of Federal Regulations, Part 21 and Title 23 , Code of Federal Regulations, Part 710.405(b), as they may be amended from time to time (hereinafter. referred to as the Regulations), which are herein incorporated by reference and made a -part of this contract. . 2. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 and Part 710.405(b) of the Regulations, including employment practices when the contract coversa program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, - each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports: The Contractor shall "provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the Department or the U.S. Department of Transportation to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of the Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the Department or the U.S. Department of Transportation as , appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, the Department shall impose such .contract sanctions as it or the U.S. Department of Transportation may determine to be appropriate, including but not limited to: 9/91 1Page 10 of 13 TEXAS TRAFFIC SAFETY PROGRAM CONTRACT o withholding of payments to the Contractor under "the contract until the Contractor complies, and/or o cancellation, termination, or suspension of the contract in whole or in part 6. Incorporation of Provisions: The Contractor shall include the provisions of paragraphs 1 through 6 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the Department may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the event a Contractor becomes involved in, or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the Department to enter into such litigation to protect the interests of the Department; in addition, the Contractor may request the United States to enter into suchlitigation protect the interests of the United States. G20. Minority Business Enterprise r It is the policy of the U.S. Department of Transportation that Minority Business Enterprises as defined in 49 CFR 23, Subpart A, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds. Consequently the Minority Business Enterprise requirements of 49 CFR 23, exclusive of Subpart D, apply to this contract as follows. o The Contractor agrees to insure that Minority Business Enterprises as defined in 49 CFR 23, Subpart A, have the maximum opportunity in the performance of contracts and subcontracts financed in whole or in part with Federal funds. In this regard, the Contractor shall take all necessary and reasonable steps in accordance with 49 CFR 23, exclusive of Subpart D, to insure that Minority Business Enterprises have the maximum opportunity to compete for and perform contracts. o The Contractor and any subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of contracts funded in whole or in part with Federal funds. These requirements shall be physically included in any subcontract. Failure to carry out the requirements set forth above shall constitute a breach of contract and, after the notification of the Department, may result in termination of the contract by the Department or other such remedy as the Department deems appropriate. G21. Debarment/Suspension The Contractor is prohibited from making any award or permitting any award at any tier to any party which is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, Debarment and Suspension. 9/91 Page 11 of 13 a TEXAS TRAFFIC SAFETY PROGRAM CONTRACT , The Contractor shall require any party to a subcontract- or purchase order awarded under this contract to certify its eligibility to receive federal grant funds, and, when requested by the Department, to furnish a copy of the certification. G22. Signatory Warranty The undersigned signatory for the Contractor hereby represents and warrants that she/he is an officer of the organization for which she/he has executed this contract and that she/he has full and complete authority to enter into this contract on behalf of the firm. G23. Assurances and Certification The Contractor attests that the assurances included in Attachment C of this contract and the certification included in Attachment D of this contract are accurate and current. n 4'. 9/91 Page 12 of 13 TEXAS TRAFFIC SAFETY PROGRAM CONTRACT' IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED DUPLICATE COUNTERPARTS TO EFFECTUATE THIS AGREEMENT. THE CONTRACTOR DAVID R,, LANGSTON'�,, Mayor [Name and Title] 111 ,, � 1 Date May,,14';'1992 (Signature) Ranet'teBoyd , City Secretary [Name and Title] Under authority of Ordinance or Resolution Number (For Local Governments) Resolution No. 3888 Mailing Addresses THE STATE OF TEXAS Certified as being executed 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 under the authority of Minute Order 82513. LM Date Traffic Operations Engineer For the purpose of this agreement, the following addresses shall be used to mail all required notices, reports, claims, and correspondence: For the Contractor: City of Lubbock P. 0. Box 2000 Lubbock, Texas 79457 For the Department: 9/91 Page 13 of 13 ATTACHMENT A APPROVED PROJECT DESCRIPTION OCCUPANT PROTECTION SELECTIVE TRAFFIC ENFORCEMENT PROJECT (STEP) C ily, of Lubbock CONTRACTOR I. AUTHORIZATION• This contract implements Task B of 92-04-02 of the FY92 Highway Safety Plan. II. ,PROBLEM STATEMENT: The State of Texas has had a Mandatory Use Law (MUL) for safety belts for the past 6 years. Since that time, Texas has seen safety belt use rise to among the highest levels in the country. As of June 1991, usage in 18 Texas urban cities was approximately 67.5 percent. According to the Texas Transportation Institute, Texas A & M University, statewide correct child passenger restraint use was recorded in March 1990 at 48.1 percent. The child passenger restraint law was implemented in 1984 for infants and children from 0-4 years of age to protect them while riding in a car or light truck. Statewide usage for this age group in 1991 was 58.7 percent. The Statewide goal for fiscal year 1992 is at least 70 percent safety belt use by drivers, front seat passengers, and children ages 0-4. The contractor has a safety belt use rate of 72 and has a child passenger restraint rate of 50.6 %. III. OBJECTIVE• To increase safety belt use among drivers and front seat passengers -by __ % and child safety seat use by 10 by the end of the contract period. Nothing in this agreement shall be interpreted as a requirement, formal or informal, that a police office issue a specified or predetermined number of citations in pursuance of the Contractor's obligations hereunder. IV. RESPONSIBILITIES OF THE CONTRACTOR: A. Carry out the objectives of this contract by implementing the Operational Plan and the Action Plan in this attachment. rev 2/92 page 1 of 7 4 B. Submit all newly developed public information and education material for written approval from the Department prior to final production. Reproduction of National Highway Traffic Safety Administration or other governmental endorsed material is permissible without Department approval. C. An Administrative Evaluation summarizing -all activities and accomplishments will be submitted on Department approved forms, no later than 45 days after the contract ending date. D. Attend meetings according to the following: 1. The Contractor will arrange for meetings with the Department no less than quarterly to present status of activities, discuss problems and present a schedule for the following quarter's work. 2. The project coordinator or other qualified person will be available to represent the Contractor at meetings requested by the Department. E. For out of state travel expenses to be reimbursable, the Contractor must have obtained the approval of the Department prior to the beginning of the trip. A copy of the documentation of that approval must accompany the Request for Reimbursement: Contract approval does* not satisfy this requirement. F. Maintain verification that wages or salaries for which reimbursement is requested is for work exclusively related to this project. G. In addition to STEP enforcement activities, maintain non -STEP traffic enforcement arrests jurisdiction -wide at not less than the level attained prior to contract approval. H. Ensure that 95% of the hours planned for each month are actually worked that month, and that 90% of the enforcement hours for which reimbursement is claimed are spent at STEP sites as specified in the operational plan in this attachment. I. Contractor must ensure that each officer working on the STEP project will complete an officers daily report form that is approved by the Department. J. VIO rev 2/92 Contractor will ensure that no officer above the rank of Lieutenant will be reimbursed for enforcement duty. Support the enforcement effort with public information. page 2 of 7 V. RESPONSIBILITIES OF THE DEPARTMENT: A. Monitor the Contractor's compliance with performance obligations and fiscal requirements of this contract. B. Provide program management and technical assistance as appropriate. C. Reimburse the Contractor for all eligible costs as defined in Attachment B, Approved Project Budget. Requests for Reimbursement will be processed up to the maximum amount payable when submitted in the manner and, within the time frames, as specified in Article 3. D. Perform an administrative evaluation of the project at the close of the contract period to include a review of adherence to budget, Action Plan and attainment of objectives. VI. PERFORMANCE INDICATORS The following performance indicators, when applicable, shall be included in each Performance Report and summarized in the Administrative Evaluation. A. Total number of safety belt citations issued by STEP OP. B. Total number of safety belt citations issued by Police Department excluding STEP figures. C. Number of child restraint citations issued by STEP OP. D. Number of child restraint citations issued by Police Department excluding STEP figures. E. Percent change in observed safety belt and child restraint usage. F. Number of brochures, posters, and bumper stickers distributed. G. Number of special events, news releases, public presentations, and/or fairs that -promote occupant protection. ! H. Number of officers receiving training in conducting occupant protection courses for citizens; and/or 1. Number of citizens attending occupant protection courses in lieu of traffic fines. 2. Number of occupant protection course sessions offered. rev 2/92 page 3 of 7 VII. OPERATIONAL PLAN: STEP SITE NUMBER SITE DESCRIPTION TIMES) OF DAY(S) OF WEEK Non -site specific pDAY 1200 to 7 1600 to 2000 rev 2/92 page 4 of 7 ACTION PLAN OT3JECTIVE: KEY: P = planned activity c = completed activity r = revised TASK: To fulfill administrative responsibilities. ACTIVITY RESPONSIBLE PROJECT MONTH OC NO DE JA FE MR AP MY JN JL AU SE OC I. Conduct contract delivery. Department P 2. Submit monthly claims for reimbursement. Project Coord. P P P P 3. Submit monthly performance reports. Project Coord. p P P P 4. Conduct.on-site monitoring , visit. Department P P 5. Submit Administrative Evaluation. Project Coord. P rev 2/92 page 5 of 7 ACTION PLAN OBJECTIVE: To increase safety belt use among drivers and front seat passengers by 5 % and child safety seat use by 10 % by the end of the contract period. TASK: Increase the number of citations for restraint law violations by is % when compared to the previous 24 months baseline data by the end of the contract period. KEY: P = planned c = completed r = revised ACTIVITY RESPONSIBLE PROJECT MONTH OC NO DE JA FE MR AP MY JN JL AU SE OC 1. Assign patrol units to STEP sites., Contractor P P P P 2. Collect citation data. '1 Contractor P P P P rev 2/92 page 6 of 7 ACTION PLAN OBJECTIVE: To increase safety belt use among drivers and front seat passengers by 5 % and child safety seat use by 10 % by the end of the contract period. TASK: Conduct a public information and education program. to support the project. KEY: P = planned activity - C = completed r = revised ACTIVITY RESPONSIBLE PROJECT MONTH OC NO DE JA FE MR AP MY JN JL AU SE OC 1. Coordinate & distribute safety belt/safety seat materials. Contractor P P P P 2. Present safety belt/safety seat public presentations. Contractor P P P P 3. Develop and submit press re- leases. Contractor P P 4. Officers working OPSTEP attend OPUE/OPVC-training. P 5. Conduct an average of NA NA classes per month for iolators who received citations for non-compliance with the occupant restraint law(s). Contractor P P P P 6. Conduct belt use and child restraint observation surveys. 1 Contractor P P page 7 of 7 rev 2/92 APPROVED PROJECT BUDGET SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) OCCUPANT PROTECTION OONTRACTOR LABOR (100) A. Enforcement (OVERTIME) ATTACHMENT B 1. Traffic Officers: 650 hours '@ 21.90 per hour = $ 14, 235.00 2. Sergeants: 80 hours @ 24.96 per hour = $ 1,997.00 3. Lieutenants: hours @ per hour = $ (100) B. Staff and Supervisory Support 1. Project Director 51 hours @ 24.96 per hour = $ 1,273.00 2. Typist/Data Entry 21 hours @ 9,09 per hour = $ 191.00 Subtotal = $ (300) C. Travel and Per Diem (State Rates) 1. Travel for contractor personnel to attend meetings called by the Department $ -0- TOTAL LABOR = $ OTHER DIRECT COSTS (700) A. Mileage (actual cost not to exceed state rate) 9200 miles @ .2__per mile = $ 2,300.00 (700) B. Public Information and Education Materials (5% or less of contract amount). $ -0- TOTAL OTHER DIRECT COSTS = $ TOTAL CONTRACT COST = $ 19,996.00 FEDERAL 402 FUNDS (100%1 _ $ 19,996.00 LOCAL FUNDS ( %I _ $ -0- rev 2/92 page 1 of 1 ATTACHMENT C STANDARD ASSURANCES The Contractor hereby assures and certifies that it will comply with the regulations, policies, guidelines, and requirements, including 49 CFR 18 and OMB Circular A-87, or OMB Circulars A-110 and A-21, or OMB Circulars A-110 and A-122, as they relate to the application, acceptance, and use of federal or state funds for this project. Also, the Contractor assures and certifies to the grant that: 1. It possesses legal authority to apply for the grant; that a*resolution, motion,'or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. 2. It will comply with Title VI of the Civil Rights Act of 1964 (PL 88-352) and in accordance with.Title VI of that Act, no person in the United States shall,,on the grounds of race,,color, or national origin be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives federal financial assistance and will immediately take any measures necessary to effectuate this agreement. 3. It will comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d) prohibiting employment discrimination where (1) the primary purpose of a grant is to provide employment or (2) discriminatory employment practices will result in unequal treatment of persons who are or should be benefiting from the grant -sided activity. 4. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (PL 91-646) which provides for fair and equitable treatment of persons displaced as a result 'of federal and federally assisted programs. 5. It will comply with the provisions of the Hatch- Act which limit the ' political activity of employees. 6. It will comply with the minimum wage and maximum. hours provisions of the Federal Fair Labor Standards Act, as they apply to hospital and educational institution employees of State and local governments. 7. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire' for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 8. It will give the sponsoring agency the access to and the right to examine all records, books, papers, or documents related to the grant. 9/91 Page 1 of 2 STANDARD ASSURANCES, continued 9. It will comply with all requirements imposed by the sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. 10. " It will insure that the facilities under its ownership, lease, or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 11. It will comply with the flood insurance purchase requirements of Section° 102(a) of the Flood Disaster Protection Act of 1973, PL 93-234, 87 Stat. 975,'approved December 31, . 1976. Section 102(a) requires,. on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, -or any other form of direct or indirect federal assistance. , ...... 12. It will assist the grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historic Preservation Act of 1966 (26 USC 469a-1 et sec) by (a) ' consulting with the State Historic Preservation Officer to conduct the investigation, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR 800.8) by the activity, and notifying the federal grantor agency of the existence of any such properties, and by (b) complying with all requirements established by the federal grantor agency to avoid or mitigate adverse effects upon:such properties. 13. It will comply with Texas Civil Statutes, Art. 5996a, by insuring that no officer, employee, or member of the applicant's governing body or of the applicant's contract shall vote or "confirm the employment of any person related within the second degree of affinity or third degree by consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years prior to the election or appointment of the officer, employee, or governing body member related to such person in the prohibited degree. It will insure that all information collected, assembled, or maintained by the applicant relative to this project shall be available to the public during normal business hours in compliance with Texas Civil Statutes, Art. 6252-17a, unless otherwise expressly provided by law. It will comply with Texas Civil Statutes, Art. 6252-17, which requires all regular, special, or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. 9/91 Page 2 of 2 ATTACHMENTD Debarment Certification (Negotiated Contracts) (1) The CONTRACTOR certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or per- forming a public' transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, for- gery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity* with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions* terminated for cause or default. (2) R'here the CONTRACTOR is unable to certify to any of the statements in this certification, such CONTRACTOR shall attach an explanation to this certification. *federal, state or local ignature of Certifying OMaal lLt ate Form 1731-A i-89 n Page I of f ATTACHMENT 2 i GRANT ..PROPOSAL EVALUATION FORM COVER SHEET GRANT NAME: occupant Protection Selective Traffic Enforcement Project GRANT.AGENCY• Texas State Department, of Transportation GRANT•FISCAL PERIOD: June 1, 1992 through August 31, 1992 MONTH/DATE/YEAR TO MONTH/DATE/YEAR CITY DEPARTMENT/INDIVIDUAL PREPARING GRANT: nnnniP Rowell (Whom to contact in case of questions) APPROVALS: t iL DIVISION DIRECTOR ASSISTANT CITY MANAGER BUDGET & RESEARCH DIREC CHIEF OF POLICE cry, /3—yz DATE DATE 1-1 2- DATE y DATE DATE Upon completion of approvals, return to: Ronnie Sowell, Sergeant / Traffic Section by INDIVIDUAL CITY DEPARTMENT OR SECTION DEADLINE DATE (IF APPLICABLE) 'A25-1 i Page 2 of i CITY OF LUBBOCK r i. . GRANT PROPOSAL EVALUATION FORM •INSTRUCTIONS: , This form must be completed and signed by the appropriate individuals in order for a grant application to be evaluated and approved by the City Manager. 'I"i State, as clearly as possible, the goals and objectives of the proposed project for which a grant is being sought. To increase safety belt use among drivers and front seat passengers by 5%, and child safety seat use by 10% by the end of the contract period. A. Is this the fulfillment of an identifiable community (Lubbock) goal? If so, list the source of the identified goal. Yes, 70% overall compliance as projected by the seatbelt coalition. B. Is this the fulfillment of an identifiable community (Lubbock) need? If so, please provide quantifiable data (studies, etc.) that illustrate the community need and how this grant will meet that need: Yes, while driver and front seat belt use is estimated at 72%, child restraint is only 50.6%. Through education and enforcement we should see an increase in both categories. However, our most pressing focus should be in the area of child restraint. 'A25-2 Page 3 of E 2. List at least three measures by which City Staff and City'Council might be able to evaluate the program in order to determipe that.it has reached the goals and objectives described in Question 1. Number 'of citation!; issued •£or drivers ' Number of citations issued for front seat occupants. Number -of citations issued for unrestrained children, 0-4 years of age. 1 3. Will this program benefit the Lubbockrcommunity as a whole? If not, please provide a detailed profile of the individuals or groups that will benefit from the program. yes. 4. Are other agencies (other than the City of Lubbock) available to administer this program? If so, list the agencies: No. �A25-3 l Ff Page 4 of S. Are other -agencies adm-i-nistering�simi1.ar programs? If'so, list the other agencies. If not,�why not? 1. Many major cities in Texas have existing seat belt grants or are in the. process of applying for grants. Those cities contacted indicated,positive acceptance front the communities'as a whole. e ar 6. Is the program or activity provided by this grant required by state or federal law or required as a condition of other ongoing state or federal programs? Please explain: No. 7. Does the grant require a local match? If so, in what amount? Is the match in the form of cash or an in -kind contribution? This is 100% funded. The city would only be responsible for benefits. ki • Page_ 5 of E 8. Is.the.grant for capital:-or,.,operat,ing programs? Please describe specifically what the funds will be used for (personnel, supplies, services, capital i outlay, capital project, etc.). Enforcement"Personnel: Salary for particlpati,ng officers. Project -Director and Clerk Typist: salary for grant administration and quarterly preparation.' i Mileage:• Reimbursement for mils driven byenforcement personnel at the - - rate of .25C per mile. A. If the grant is for capital outlay -or a capital project,will it result in ongoing City operational costs?. If so, explain in detail:`. No. i i B. If the grant is for an operating program or programs, is it a one-time grant which will result in ongoing City expenses, if the program is to be continued in the future? The grant is for three months (June, July, August) with the postibility of renewal for 12 months beginning with fiscal 92-93. a - . i Page 6 of C. Does the grant require continuation of the program,' -"at City expense, after grant funding has expired? If so, how long will the City be obligated to expend local funds, and in what -areas? Be specific. No. 9. Is the grant a one-time grant, a one -time -grant with an option to renew the grant, or an on -going grant? If the grant is ongoing, how many years has the grant been provided to the City, and what year does the upcoming period represent (2nd year, 5th year, etc.). If the grant has an option to renew, how often can it be renewed, and what are the terms of renewal? Please explain. One time grant with the possibility of .renewal. 10. Are indirect costs reimbursed by the grant? There are none. A25-6 12. What is the immediate (twelve-month) impact of .the grant program.on City employee allocation and utilizat-ion? How. will this affect their work hours, productivity, etc. on City programs and activities? Enforcement will be structured -.,on an eight.hour, seven days a week format. Coverage will be four hours during the morning and four hours during the evening to monitor the peak traffic periods. Off duty officers will be hired at, overtime rates to work this project. 13. What is the long-term (five-year) financial and manpower impact of the grant program both on the community and on the City organization? since all enforcement is on an overtime basis, manpower should not be impacted. The grant will be re-evaluated after three months, the long-term implications are unknown. I s Page 8 of 14. Provide,..in as.much detail as. possible., a 5-year Revenue and Expenditure Projection for the grant related program beginnipg with the current year or the first year this grant will be in effect. Show any on -going costs to the City, even if the grant is only for one year. If the grant is renewable or ongoing, show the estimated revenues and expenditures for future years that' you intend to renew/continue the grant (up to five years). Be sure to fully explain the source and type of revenues (in -kind contribution, reimbursement of expenses, etc.) and fully explain the specific types of expenditures (payroll for 1/2 time clerk, purchase desk, capital - project construction, etc.). Attach additional sheets if necessary. FOR GRANT FISCAL YEAR (From 06-01to .08-31); 19 92 19 19 19 19 Revenues. ' Federal Grant $20,000 State Grant Local Match -0_ Other Total Revenues $20,000 FOR GRANT FISCAL YEAR (From 06-olto 08-31): 19 92 19 19 19 19 Expenditures Personnel $17,696 ti Supplies Maintenance Other Charges $2,300 (mileage) Capital Outlay Capital Project Total Expenditures $19,9,96 (Budgeted) .A25-8