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HomeMy WebLinkAboutResolution - 3978 - Grant Agreement - State Of Texas - TSP, STEP 55 - 09_24_1992Resolution No. 3978 September 24, 1992 Item #33 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 Texas Traffic Safety Program Grant Agreement between the State of Texas and the City of Lubbock for a traffic safety project described as a National Maximum Speed Limit (NMSL STEP), 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 24t of September , 1992. ATTEST: oyd, CAyec etary APPROVED' AS TO CONTENT: A i I'v".�%ice�I'..�.. APPROVED AS TO FORM: John C. Ross, Jr., City -Attorney JCR:da/AGENDA-D3/A-NMSL.rea September 16, 1992 CITY OF LUBBOCK MEMORANDUM TO: Bob Cass, Interim City Manager FROM: Donald R. Bridgers, Chief of Police SUBJECT: Comments for Agenda Meeting DATE: September 15, 1992 Item No. Consider a resolution authorizing the Major to approve an application for a State administered Federally funded National Maximum Speed Limit Enforcement Grant (STEP 55). This would be a continuation of an ongoing grant program utilizing off duty personnel working overtime to enforce the 55 mph speed limit on highways within the city of Lubbock. Awards for this grant have been set for October 1, 1992 upon approval by the Lubbock City Council. This is a 50-50 grant in the amount of $35,000.00 to be administered during FY92-93 Donald R. Bridgers DRB/pit Federal Pass Through Grant Funds CFDA Number - 20.600 State Grant Funds TkDOT Misc. Con., No. Charge No. VID No. 17560005906000 TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT THE STATE OF TEXAS ** THE COUNTY OF TRA.VIS ** THIS AGREEMENT 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 Subgrantee. For the purpose of this agreement, the Subgrantee is designated as a(n) Local Government WITNE S SETH WHEREAS, the Department, as Grantee on behalf of the State of Texas, receives federal grant funds for implementation of the statewide traffic safety program mandated by Title 23, Section 402 of the United State Code; and, WHEREAS, the Department administers these funds together with other funds which may be appropriated by the Texas Legislature or received from other sources, to develop cooperative agreements with qualifying agencies (subgrantees) which have identified traffic safety problems and have developed projects to address these problems; and, WHEREAS, Article 6701j-1, Texas Civil Statutes, declares that the 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, WHEREAS, the Governor'of Texas has named the Executive Director of the Department as the State's representative to administer the Texas Traffic Safety Program; and, WHEREAS, 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, WHEREAS, the Department and the Subgrantee agree to implement a traffic safety project generally authorized in the HSP, said project described as a(n) National Maximum Speed Limit (NMSL STEP) 7/92 Page 1 of 13 TEXAS TRAFFIC SAFETY PROGRAM AGREEMENT NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, the Department and the Subgrantee do mutually agree as follows. AGREEMENT ARTICLE 1. FUNDING PERIOD This agreement becomes effective on October 1, 1992 or when fully executed by all parties hereto, whichever occurs later, and shall terminate on September 30, 1993 , unless termination occurs as provided for hereinafter. ARTICLE 2. RESPONSIBILITIES OF THE PARTIES The Subgrantee 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 maximum amount payable under this agreement shall not exceed the amount of $ 17,500 , unless modified in writing through an amendment pursuant to Article 5. B. The method of payment for this agreement 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 amountincludedin 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 Subgrantee'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 agreement 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 reimbursement under this agreement, a cost must be incurred in accordance with Attachment B, Approved Project Budget, within the period specified in Article 1 above. 7/92 Page 2 of 13 TEXAS TRAFFIC SAFETY PROGRAM AGREEMENT E. Payment of costs incurred under this agreement 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. F. The Subgrantee 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 Subgrantee 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 agreement. G. The Subgrantee agrees to submit the final request for payment under this agreement 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 agreement period and usually do not receive extended funding beyond three years. If both the Department and the Subgrantee agree that the project has demonstrated merit or has potential long-range benefits, the Subgrantee may apply for funding assistance beyond the three year limit. To be eligible, the Subgrantee 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 Subgrantee 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 agreement. 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. 7/92 Page 3 of 13 TEXAS TRAFFIC SAFETY PROGRAM AGREEMENT If at any time during the agreement period the Department determines that there is insufficient funding to continue the project, the Department shall so notify the Subgrantee, giving notice of intent to terminate the agreement. Such termination will be conducted in such a manner that will minimize disruption to the Subgrantee and the Department, and as further specified in General Provision G9, Termination. The Subgrantee, 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 Subgrantee's claim under this agreement. The Subgrantee' 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 agreement. The Subgrantee 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 Subgrantee of any obligation hereunder. ARTICLE 5. AGREEMENT AMENDMENTS If at any time during the agreement 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 Subgrantee determine to continue project funding. 'Additionally, any changes in the agreement period, agreement terms or responsibilities or the parties hereto shall be enacted by written ammendment executed by both parties. The amendment shall be agreed upon by the parties to this agreement and shall state the change to the mutual satisfaction of the parties. In no event will the agreement period be extended unless a written amendment is executed before the completion date specified in Article 1. ARTICLE 6. ADDITIONAL WORK If the Subgrantee is of the opinion that any work it has been directed to perform is beyond the scope of this agreement and constitutes additional work, the Subgrantee 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 Subgrantee 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 agreement 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 Subgrantee 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. 7/92 Page 4 of 13 TEXAS TRAFFIC SAFETY PROGRAM AGREEMENT If the Department finds it necessary to require the Subgrantee to revise completed work to correct errors appearing therein, the Subgrantee shall make such corrections and no compensation will be paid for the corrections. ARTICLE S. GENERAL TERMS AND CONDITIONS GI. Indemnification To the extent permitted by law, the Subgrantee, if other than a State agency, shall save harmless the Department from all claims and liability due to the acts or omissions of the Subgrantee, its agents or employees. The Subgrantee 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 Subgrantee, its agents or employees. Further, to the extent permitted by law, the Subgrantee, 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 Subgrantee 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 Subgrantee 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 performed hereunder and the premises in which it is being performed. If any inspection or evaluation is made on the premises of the Subgrantee or a subcontractor, the Subgrantee 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 Subgrantee shall be responsible for the settlement of all contractual and administrative issues arising out of procurements entered in support of agreement 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 specifying the exclusive remedy for any dispute or violation or breach of agreement terms, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative. 7/92 Page 5 of 13 G4. Noncollusion The Subgrantee 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 agreement, 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 agreememt. If the Subgrantee breaches or violates this warranty, the Department shall have the right to annul this agreement without liability or, in its discretion, to deduct from the agreement 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 reporting period, as designated in Attachment A, the Subgrantee 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 Subgrantee shall submit the final performance report within 30 days after completion of the contract. The Subgrantee shall promptly advise the Department in writing of events which have a significant impact upon the agreement, 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 The Subgrantee 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 agreememt period and for three years from the date of the final performance report under the agreement. 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 agreement is federally funded, and any of their authorized representatives for the purpose of making audits, examinations, excerpts, and transcriptions. The Subgrantee shall retain all records until final completion of any litigation. 7/92 . Page 6 of 13 TEXAS TRAFFIC SAFETY PROGRAM AGREEMENT G7. Audit The Subgrantee 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 OMB Circular A-128, "Audits of State and Local Governments," or, • OMB Circular A-133, "Audits of Institutions of Higher Education and Other Nonprofit Institutions." GS. Subcontracts Any subcontract for professional services rendered by individuals or organizations not a part of the Subgrantee's organization shall not be executed without prior authorization and approval of the subcontract by the Department and, when federal funds are involved, the U.S. Department of Transportation. Subcontracts in excess of $25,000 shall contain. all required provisions of this agreement. No subcontract will relieve the Subgrantee of its responsibility under this agreement. G9. Termination The Department may terminate this agreement at any time before the date of completion whenever it is determined that the Subgrantee has failed to comply with the conditions of the agreement. The Department shall give written notice to the Subgrantee 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 agreement agree that the continuation of the agreement 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 agreement, 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 Subgrantee shall, at the option of the Department, become the property of the Department. The Department shall compensate the Subgrantee for those eligible expenses incurred during the agreement period which are directly attributable to the completed portion of the work covered by this agreement, provided that the work has been completed in a manner satisfactory and acceptable to the Department. The Subgrantee shall not incur new obligations for the terminated portion after the effective date of termination. 7/92 Page 7 of 13 TEXAS TRAFFIC SAFETY PROGRAM AGREENENT Except with respect to defaults of subcontractors, the Subgrantee shall not be in default by reason of any failure in performance of this agreement in accordance with its terms (including any failure by the Subgrantee 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 Subgrantee. 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, Hires, 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 Subgrantee. G10. 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 agreement. 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 agreement may not make any offer of benefits, gifts or favors to Department employees, except as mentioned hereabove. Failure on the part of the Subgrantee to adhere to this policy may result in termination of this agreement. GIL Compliance With Laws The Subgrantee 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 agreement, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Subgrantee shall furnish the Department with satisfactory proof of its compliance therewith. G12. Successors and Assigns The Department and the Subgrantee 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. The Subtrantee shall not assign, sublet, or transfer its interest and obligations in this agreement without written consent of the Department. G13. Ownership of Documents Upon completion or termination of this agreement, all documents prepared by the Subgrantee or furnished to the Subgrantee by the Department shall be delivered to and become the property of the Department. All sketches, photographs, calculations, and other data prepared under this agreement shall be made available, upon request, to the Department without restriction or limitation of their further use. 7/92 , Page 8 of 13 TEXAS TRAFFIC SAFETY PROGRAM AGREEMENT G14. Resources The Subgrantee warrants that it presently has adequate qualified personnel in its employment for performance of services required under this agreement, or will be able to obtain such personnel from sources other than the Department. Unless otherwise specified, the Subgrantee shall furnish all equipment, materials, and supplies. required to perform the work authorized herein. All employees of the Subgrantee shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Subgrantee 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 The Subgrantee shall establish and administer a system to control, protect, preserve, use, maintain, 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 Subgrantee 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, "Uniform Requirements for Grants to Universities, Hospitals, and Other Nonprofit Organizations." G17. Insurance When directed by the Department, the Subgrantee, if other than a State agency, shall provide or shall require its subcontractors to secure a policy of insurance in the maximum statutory Emits for tort liability, naming the Department as an additional insured under its terms. When so directed, the Subgrantee shall provide or shall require its subcontractor to furnish proof of insurance on TxDOT Form 20.102 (12/91) to the Department, and shall maintain the insurance during the contract period established in Article 1. 7/92 Page 9 of 13 TEXAS TRAFFIC SAFETY PROGRAM AGREE G18. Equal Employment Opportunity The Subgrantee 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 agreement, the Subgrantee, its assigns and successors in interest, agrees as follows: 1. Compliance with Regulations: The Subgrantee 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 agreement. 2. Nondiscrimination: The Subgrantee, with regard to the work performed by it during the agreement, 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 Subgrantee 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 agreement covers a 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 Subgrantee 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 Subgrantee of the Subgrantee's obligations under this agreement and the Regulations relative to nondiscrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports: The Subgrantee 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 Subgrantee is in the exclusive possession of another who fails or refuses to furnish this information, the Subgrantee 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 Subgrantee's noncompliance with the nondiscrimination provisions of this agreement, the Department shall impose such sanctions as it or the U.S. Department of Transportation may determine to be appropriate, including but not limited to: 7/92 Page 10 of 13 TEXAS TRAFFIC SAFETY PROGRAM AGREEMENT ♦ withholding of payments to the Subgrantee under the agreement until the Subgrantee complies, and/or ♦ cancellation, termination, or suspension of the agreement in whole or in part 6. Incorporation of Provisions: The Subgrantee 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 Subgrantee 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 Subgrantee becomes involved in, or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Subgrantee may request the Department to enter into such litigation to protect the interests of the Department; in addition, the Subgrantee may request the United States to enter into such litigation to protect the interests of the United States. G20. Minority Business Enterprise 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 agreement as follows. ♦ The Subgrantee 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 Subgrantee 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. ♦ The Subgrantee 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 this agreement and, after the notification of the Department, may result in termination of the agreement by the Department or other such remedy as the Department deems appropriate. G21. Debarment/Suspension The Subgrantee 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. 7/92 Page 11 of 13 TEXAS TRAFFIC SAFETY PROGRAM AGREEMENT The Subgrantee shall require any party to a subcontract or purchase order awarded under this agreement 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 Subgrantee hereby represents and warrants that she/he is an officer of the organization for which she/he has executed this agreement and that she/he has full and complete authority to enter into this agreement on behalf of the organization. G23. Assurances and Certification The Subgrantee attests that the assurances included in Attachment C of this agreement and the certification included in Attachment D of this agreement are accurate and current. 7/92 Page 12 of 13 TEXAS TRAFFIC SAFETY PROGRAM AGREEMENT IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED DUPLICATE COUNTERPARTS TO EFFECTUATE THIS AGREEMENT. y :1 10 ; :Vy V:101 City of Lubbock David R. Langston, Mayor [Name and Title] Date September 24, 1992 IVII t ) , , ATTEST: '' [Signature Ranette Boyd, City Secretary [Name and Title] Under authority of Ordinance or Resolution Number (For Local Governments) Resolution No. 3978 Mailing Addresses THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission under the authority of Minute Order No. 82513 and Administrative Order 15-88 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 No. 100002. Date Traffic Operations Engineer Texas Department of Transportation For the purpose of this agreement, the following addresses shall be used to mail all required notices, reports, claims, and correspondence: For the Subgrantee: City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 (806)767-2875 For the Texas Department of Transportation: Ken Sylvester Safety Supervisor P.O. Box 771, Lubbock, Texas (806)748-4430 7/92 Page 13 of 13 ATTACHMENT A APPROVED PROJECT DESCRIPTION I. II. NATIONAL MAXIMUM SPEED LIMIT (NMSL) SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) City of Lubbock SUBGRANTEE AUTHORIZATION• This grant implements Task B, Sub -Task 1, of 93-01=01 of the FY93 Highway Safety Plan. PROBLEM STATEMENT: Speeding continues to be a major contributor to traffic crashes and resulting injuries and fatalities. The State of Texas is required to maintain compliance with the National Maximum Speed Limit. The 1991 year end analysis of Texas' compliance.rate shows the State to be at 51 percent. This Subgrantee has identified roadways that have been found to have substantial degrees of noncompliance with the National Maximum Speed Limit. The Save City Ranking for Urban Speeding which appears in the annual Highway Safety Plan ranks Texas cities with respect to the severity of the problem. This Subgrantee is on that list with a Weighted Ranking Number of 13.5 . This is the 5th year the Subgrantee has received federal 402 funds for NMSL STEP. III. OBJECTIVE: IV. To achieve compliance with the National Maximum Speed Limit at STEP sites by the end of the grant period. (Statewide compliance will be measured under DOT CFR, Part 659.) Nothing in this agreement shall be interpreted as a requirement, formal or informal, that a police.officer issue a specified or predetermined number of citations in pursuance of the Subgrantee's obligations hereunder. RESPONSIBILITIES OF THE SUBGRANTEE: A. Carry out the objectives of this grant by implementing the Operational Plan and the Action Plan in this attachment. 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. 7/92 page 1 of 5 V. 7/92 C. An Administrative Evaluation summarizing all activities .and accomplishments will be submitted on Department approved forms, no later than 45 days after the grant ending date. D. Attend meetings according to the following: 1. The Subgrantee will arrange for meetings 'With the Department no less than quarterly to present status of activities, discuss problems and schedule for the following quarter's work. 2. - The project coordinator or other -qualified person will be available to represent the Subgrantee at • meetings requested by the Department. E. For out of state travel expenses to be reimbursable, the Subgrantee 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. Grant 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 NMSL enforcement citations at not less than the level attained prior to grant approval. H. Ensure that 90% of the enforcement hours worked under the grant are at STEP sites. I. Ensure that each officer working on the STEP project will complete an officers daily report form that is approved by the Department. J. Ensure that no officer above the rank of Lieutenant will be reimbursed for enforcement duty. K. Support.the enforcement efforts with public information and education. L Ensure that only those roadways posted at 55 MPH and 65 MPH will be included in the Operational Plan. M.. Subgrantees with a Traffic Division will utilize trained traffic personnel for this grant unless such personnel are unavailable for assignment. RESPONSIBILITIES OF THE DEPARTMENT: A. Monitor the Subgrantee's compliance with performance obligations and fiscal requirements of this grant. page 2 of 5 B. Provide program management and technical assistance as appropriate. C. Reimburse the Subgrantee 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 -grant period to include a review of adherence to budget, Action Plan and attainment of objectives. E. Conduct speed zone measurements at NMSL sites. VI. PERFORMANCE INDICATORS: The following performance i'ndicators•, when applicable, shall be included in each Performance Report, Annex Report, and summarized in the Administrative Evaluation: A. Number of NMSL STEP citations. B. Total number of DWI arrests, speed, safety belt, child restraint citations. C. Number of STEP enforcement hours worked. D. Percent of STEP enforcement hours at STEP sites (including transit time). E. Number of enforcement hours per NMSL citation. .F. Number of public information and education activities (i.e., presentations, interviews, press releases). G. Maintenance of non -STEP NMSL citation activity. H. Compliance with NMSL at STEP sites. 7/92 page 3 of 5 VII. OPERATIONAL PLAN: STEP STEP SHIFT(S)* SITE (START) (END) NUMBER SITE DESCRIPTION DAY/TIME DAY/TIME SITE 1 Loop 289; Brownfield Road to N. `See See Ash Attached Attached Sheet for Sheet for Schedule Schedule SITE 2 Loop 289; N. Ash to S. Quirt See See Attached Attached Sheet for Sheet for Schedule Schedule SITE 3 Loop 289; S. Quirt to Brownfield See See Road Attached Attached Sheet for Sheet for Schedule Schedule SITE 5 4th Street (FM 2255) .5 miles See See . east of west city limits to Attached Attached Elkhart Sheet for Sheet for Schedule Schedule SITE 6 Brownfield Road (U.S. 62-82) See See southwest city limits to .2 miles Attached Attached southwest of Slide Road Sheet for Sheet for Schedule Schedule SITE 8 Slaton Highway (U.S. 84) Quirt See See Avenue to southeast city limits Attached Attached Sheet%for. Sheet for Schedule Schedule SITE 11 Interstate 27/U.S. 87 north city See See limits to south city limits Attached Attached Sheet for Sheet for Schedule Schedule * Subgrantee may work additional STEP enforcement hours on holidays or special events if these times are not covered under shifts identified above. These additional hours must be described in the Project Performance Report. 7/92 page 4 of 5 VII. OPERATIONAL PLAN (Continued) STEP SHIFTS) SCHEDULE Fridays 0800 to 1200 or 1500 to 1900 Saturdays 0700 to 1400 or 1200 to 1900 Sundays 0700 to 1400 or 1200 to 1900 Mondays 0800 to 1200 or 1500 to 1900 Page 4a of 5 ACTIVITY RESPONSIBLE OC NO DE JA FE MR AP MY JN JL AU SE OC Nu 1. Grant delivery meeting held. Department P 2. Requests for Reimbursement Subgrantee P P P p submitted. 3. Performance and Annex Reports Subgrantee P P P P P P P P P P P P submitted. 4. Grant progress review meeting. Subgrantee & P P p p Department 5. Conduct on -site monitoring Department P visit. 6. Submit cost assumption plan. Subgrantee P 7. Administrative Evaluation Subgrantee p submitted. 8. Conduct speed zone Department P p measurements. 7/92 page 5 of 5 ATTACHMENT B APPROVED PROJECT BUDGET NATIONAL MAXIMUM SPEED LIMIT (NMSL) STEP CITY OF LUBBOCK _ SUBGRANTEE (Round figures to nearest $) I. LABOR COSTS: (1.00) A. ENFORCEMENT (overtime) 1. Traffic Officers: 558 hours @ 25.25 per hour = $_14.090.00 CORPORALS 2. SQWg0==: 558 hours @ 23.31 per hour = $ 13,007.00 3. Lieutenants: hours @ - per hour = $ ` -o- (100) B. STAFF AND SUPERVISORY SUPPORT (not to exceed 10% of total grant amount) 1. Project Director: 27 hours @ 27.41 per hour = $ 740.00 (overtime) 2. Clerk/data entry: 16 hours .@ 12.25 per hour = $ 196.00 SUBTOTAL $ 28,033.00 (300) C. TRAVEL AND PER DIEM (actual costs not to exceed state rates) $ 300.00 TOTAL LABOR $ 2 8, 3 3 3.0 0 II. OTHER DIRECT COSTS: (700) A. Mileage (actual cost not to exceed state rates) 24,243 miles. @ 27.5 per mile = $ 6, 667.00 (700) B. Public Information and Education Materials $ -0- (up to 5% of grant amount) TOTAL OTHER DIRECT $ 6,667.00 FUND SOURCES: Federal Funds ( 50 Local Funds ( 50 �) $ 17,500.00 + $ 17,500.00 TOTAL $ 35,000.00 (Art. 3. A., pg. 2 of 13) 7/92 Page 1 of 1 ATTACHMENT C STANDARD ASSURANCES The Subgrantee 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 Subgrantee 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) prolu'biting 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. 3/92 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. 3/92 Page 2 of 2 ATTACHMENT D DEBARMENT CERTIFICATION (1) The SUBGRANTEE certifies to the best of its knowledge and belies; 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 judgement rendered against then for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state or local public transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for otherwise criminally or civilly charged by a federal state, or local 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 federal state or local public transactions terminated for cause or default. (2) Where the SUBGRANTEE is unable to certify to any of the statements in this certification, such SUBGRANTEE shall attach an explanation to this certification. David R. Langston, Mayor Title September 24, 1992 Date 7/92 Page 1 of 1