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HomeMy WebLinkAboutResolution - 4230 - Grant Agreement - TDOT - Occupant Protection Selective Enforcement - 08_26_1993Resolution No. 4230 August 26, 1993 Item #12 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 by and between the City of Lubbock and the Texas Department of Transportation for an occupant protection selective traffic enforcement project (O.P. 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 thi th' day ATTEST: BYt-t—Y-ohnsO, City Secretary APPROVED AS TO CONTENT: Donald Bridgers, ChidT of Polce ED AS TO FORM: 0 DdO ld G. Vandiver, City Attorney DGV:dw/agenda-D2/0FStep.rea August 9. 1993 rst Assistan August , 1993. Federal Pass Through Grant Funds CFDA Number - 20.600 State Grant Funds TxDOT Misc. Con. No. Charge No. VID No. 17560005906000 Resolution No. 4230 August 26, 1993 Item #12 TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT THE STATE OF TEXAS ** THE COUNTY OF TRAVIS ** 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 WITNESSETH 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) OCCUPANT PROTECTION SELECTIVE TRAFFIC ENFORCEMENT PROJECT (O.P. 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, 1993 or when fully executed by all parties hereto, whichever occurs later, and shall terminate on SEPTEMBER 30, 1994 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 $ 26,250.00 , 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 wi11 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 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 tc 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 S. 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 & GENERAL TERMS AND CONDITIONS G1. 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 thercofy 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 PA aP i of 11 TEXAS TRAFFIC SAFETY PROGRAM AGREEMENT 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 agreement. 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. G5. 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 agreement 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." G8. 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 Paee 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 itselL 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 limits 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 AGREEMENT 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 prolubited 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 1: �Y- TY OF LUBBOCK al�ame of Su [Signature] DAVID R. LANGSTON, MAYOR [Name and Title] Date August 26, 1993 ATTEST: a c�L [Si ture] BETTY JOHNSON, CITY SECRETARY [Name and Title] Under authority of Ordinance or Resolution Number (For Local Governments) Resolution No. 4230 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. By Traffic Operations Engineer Texas Department of Transportation Date 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, TX 79457 For the Texas Department of Transportation: 7/92 Page 13 of 13 I. II. ATTAC31MENT A APPROVED PROJECT DESCRIPTION OCCUPANT PROTECTION SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (OP STEP) CITY OF LUBBOCK SUBGRANTEE AUTHORIZATION: This grant implements Task B of 94-04-02 of the FY94 Highway Safety Plan. uiu 1 - itMvl:iiliiA The State of Texas has had a Mandatory Use Law (MUL) for safety belts for the past 8 years. Since that time, Texas has seen safety belt use rise to among the highest levels in the country. In 1992, according to the Texas Transportation Institute (TTI), Texas A&M University, the percent of drivers restrained in 18 Texas urban cities was approximately 75.4%. A statewide weighted estimate of safety belt use for Texas in 1992 was 68.6%. The child passenger restraint law was implemented in 1984 for infants and children from birth to 4 years of age to protect them while riding in a car or light truck. According to TTI, the statewide usage rate for this age group in 1992 was 57.3%. The statewide goal for FY 1994 is at least 75% safety belt use by drivers and front seat passengers and 70% safety seat or safety belt use by passengers from birth to 4 years of age. The 1990 Save City/Save County Ranking for Drivers or Passengers (> 3 years of age) with no restraint appears in the annual Highway Safety Plan. A ranking for passengers under age 4 with no restraint is also included. Cities and counties are ranked with respect to the severity of the problem. This Subgrantee is on these lists with Weighted Ranking Numbers of 22.5 for Driver or Passenger (>3) and 28 for Passenger (<4). The Subgrantee has a safety belt use rate of. 70 and has a child passenger restraint use rate of 50.6 %. This is the 2nd year the Subgrantee has received federal 402 funds for OP STEP. OP.10/93 page 1 of 6 III. OBJECTIVES: A. To increase safety belt use among drivers and front seat passengers by 5 percentage points and child passenger restraint use by 10 percentage points by the end of the grant period. B. To increase the total number of occupant protection citations issued by 5 % when compared to the total occupant protection citations issued for the previous 12 months. 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. IV. 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. 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. OP.10/93 page 2 of 6 V. VI. G. In addition to STEP enforcement activities, maintain non -STEP occupant protection enforcement citations at not less than the level attained prior to grant approval. H. Ensure that got 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. Officers assigned to OP STEP should be trained in the Occupant Protection Usage Enforcement course approved by the Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE). 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. 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. PERFORMANCE INDICATORS• The following performance indicators, when applicable, shall be included in each Performance Report, Annex Report, and summarized in the Administrative Evaluation: fV_ Number of safety belt citations issued by OP STEP. OP.10/93 page 3 of 6 B. Number of child restraint citations issued by OP STEP. C. Total number of DWI arrests, speed, safety belt, child restraint citations. D. Percent of STEP enforcement hours at STEP sites (including transit time). E. Number of enforcement hours per safety belt/child restraint citation. F. Number of public information and education activities (i.e., presentations, interviews, press releases). G. Number of Occupant Protection Violator Courses (OPVC) conducted. H. Number of OPVC attendees. I. Maintenance of non -STEP safety belt and child restraint activity. J. Number of occupant protection surveys conducted. K. Percentage point change in observed safety belt and child restraint usage between pre and post surveys. L. Number of officers working OP STEP trained in the Occupant Protection Usage Enforcement (OPUE) course. M. Number of officers working OP STEP. OP.10/93 page 4 of 6 VII. OPERATIONAL PLAN: STEP SITE NUMBER SITE DESCRIPTION (INCLUDE APPROXIMATE LENGTH IN MILES) START OF SHIFT (DAY/TIME) END OF SHIFT (DAY/TIME) NON -SITE SPECIFIC (CITY WIDE) 08:00 OR 16:00 12:00 OR 20:00 MONDAY THRU FR IDAY MONDAY THRU FRIDAY NOTE: 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. OP.10/93 page 5 of 6 ACTION PLAN OBJECTIVE--: KEY: P = planned activity C = completed activity r = revised S • To fulfill administrative and general grant requirements. ACTIVITY RESPONSIBLE PR ECT ONT OC NO DE JA FE MR AP MY JN JL FATusE OC NO 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 S. Conduct on -site monitoring Department P visit. 6. Submit 1012 months" data Subgrantee & p referenced in objective. Department 7. Submit cost assumption plan. Subgrantee P 8. Administrative Evaluation Subgrantee P submitted. 9. Conduct belt use and child Subgrantee P P P restraint observations surveys. OP.10/93 page 6 of 6 ATTACE24ENT B APPROVED PROJECT BUDGET OCCUPANT PROTECTION STEP CITY OF LUBBOCK SUBGRANTEE (Round figures to nearest $) I. LABOR COSTS: (100) A. ENFORCEMENT (overtime) 1. Traffic Officers: 1020 hours @ 22.79 per hour = $ 23,246 2. Sergeants: 75 hours @ 25.97 per hour = $ 1,948 3. Lieutenants: hours @ per hour = $ (100) B. STAFF AND SUPERVISORY SUPPORT (not to exceed 10% of total grant amount) 1. Project Director: 115 hours @ 26.66 per hour = $ 3,066 (overtime) 2. Clerk/data entry: 10 hours @ 11.57 per hour = $ 116 SUBTOTAL A & B $ 28,376 (300) C. TRAVEL AND PER DIEM (actual costs not to exceed state rates) $ 311 TOTAL LABOR $ 28,687 II. OTHER DIRECT COSTS: (700) A. Mileage (not to exceed approved state rate) 15,000 miles @ 27.5 per mile = (700) B. Public Information and Education Materials (up to 5% of grant amount) $ 4,125 TOTAL OTHER DIRECT $ -0- FUND SOURCES: Federal Funds ( 75 Local Funds ( 25 �) $ 26, 250.00 + $ 6,562.00 = TOTAL $ 32,812 (Art. 3. A., pg. 2 of 13) OP.10/93 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) 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. 3/92 Page 1 of 2 ATTACHMENT D DEBARMENT CERTIFICATION (1) The SUBGRANTEE 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 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. Where the SUBGRANTEE is unable to certify to any of the statements in this certification, .§UBGRANTEE shall attach an explanation to this certification. Signature of MAYOR Title August 26, 1993 Date 7/92 Page 1 of 1 Page 1 of ATTACHMENT 2 GRANT PROPOSAL EVALUATION FORM COVER SHEET GRANT NAME:_ OCCUPANT_ PROTECTION SELECTIVE TRAFFIC ENFORCEMENT PROJECT GRANT AGENCY: TEXAS STATE DEPARTMENT OF TRANSPORTATION GRANT FISCAL PERIOD: OCTOBER 1, 1993 THROUGH SEPTEMBER 30, 1994 MONTH/DATE/YEAR TO MONTH/DATE/YEAR CITY DEPARTMENT/INDIVIDUAL PREPARING GRANT: RONNIE SOWELL (Whom to contact in case of questions) APPROVALS: DEPARTMENT HEAD ASSISTANT CITY MANAGER R CHIEF OF POLICE %-1.4-4 - BUDGET & RESEARCH DIRECTOR DEPUTY CITY MANAGER Upon completion of approvals, return to: 08-02-93 DATE 08-02-93 DATE 08-02-93 DATE 08-02-93 DATE 08-02-93 DATE SGT. RONNIE SOWELI, / TRAFFIC SECTION by INDIVIDUAL CITY DEPARTMENT OR SECTION DEADLINE DATE (IF APPLICABLE) 'A25-1 Page 2 of CITY OF LUBBOCK 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. 1. 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. While seat belt compliance is not specifically addressed on a local level as`a percentage, we would certainly strive to continue to exceed the 70% goal is projected on a national and state level. We are currently at an estimated 72% in Lubbock. 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 2. List at least three measures by which City Staff and City Council might be able to evaluate the program in order to determine that it has reached the goals and objectives described in Question 1. Number of citations issued for drivers. Number of citations issued for front seat occupants. Number of citations issued for unrestrained children, 0-4 years of age. 3. Will this program benefit the Lubbock community 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 Page 4 of 5. Are other agencies administering similar programs? If so, list the other agencies. If not, why not? 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 from the communities as a whole. 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: Rn 7. Does the grant require a local matcfi? If so, in what amount? Is the match in the form of cash or an in -kind contribution? This grant is a 75% federal/25% local program. .A25-4 Page 5 of 8. Is the grant for capital or operating"programs? Please describe specifically what the funds will be used for (personnel, supplies, services, capital outlay, capital project, etc.). Enforcement Personnel: Salary for participating officers. Project Director and Clerk Typist: Salary for grant administration and quarterly preparation. Mileage: Reimbursement for miles driven by enforcement personnel at the rate of 27.5 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 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 Fiscal 93-94 with a probable renewal for 94-95. We also could receive additional funding during the summer months. We were given an additional $10,000 for the last five months for this fiscal year. A25-5 Page 6 of C. Does the grant require continuation of the program, at after grant funding has expired? If so, how long will obligated to expend local funds, and in what areas? Be No City expense, the City be specific. 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 Page 7 of 11. Are grant audit costs reimbursed by the grant? No 12. What is the immediate (twelve-month) impact of the grant program on City employee allocation and utilization? How will this affect their work hours, productivity, etc. on City programs and activities? Enforcement will be structured on a four hour, five days a week format. Coverage will be four hours alternating between the morning and 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. A25-7 Page 8 o 14. Provide, in as much detail as possible, a 5-year Revenue and Expenditure Projection for the grant related program beginning 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 10-01 to 09-30 ): 1993 19 19 19 Revenues Federal Grant $26,250 State Grant Local Match *$ 6,562 Other Total Revenues $32,812 *(Reimbursement 75% for personnel, mileage and travel) FOR GRANT FISCAL YEAR (From 10-ol to 09-30): 1993 19 -' 19 19 Expenditures Personnel Travel Maintenance Other Charges Capital Outlay Capital Project Total Expenditures $28,376 $311.00 $ 4,125 (mileage) $32,812 (Budgeted) 19 19 .A25-8