HomeMy WebLinkAboutResolution - 5494 - Grant Agreement - Texdot - THTSP - 05_22_1997RESOLUTION NO.5494
Item #22
May 22, 1997
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBODCK:
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 Highway
Traffic Safety Program Grant Agreement, attached herewith, by and between the
City of Lubbock and the State of Texas, Texas Department of Transportation, and
any associated documents, for occupant protection selective traffic enforcement
and speed enforcement projects, which Agreement 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 22ndday of May, 1997.
FIJ AV " , ?A NdAd
ATTEST:
Kayt'U Darnell, City Secretary
APPROVED AS TO CONTENT:
,/Z,< /. /--�
Ken A. Walker, Chief of Police
APPROVED AS TO FORM:
Dan . Sal A ity ttorney
RESOLUTION NO. 5494
Item #22
Y FedacwPm7bvqk Nw. Coatwt May 22, 1997
Qnac P=& CBDA M600 Charge Number
suft p= per, plN 17560005906000
TEXAS HIGHWAY TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
THE STATE OF TEXAS ••
THE COUNTY OF TiRAVIS
'i w At BNT R b+IADB Wp W b.on, eu flte 8Wo of Tema. actia t by ad fiuouib Hie Teouu Depattmeat of
T�rpoelttia�fi i rd ar+ t4d a Uep eaiR. i% 1$.L fiwim w QW do 8dpmb% And
Ueoatrree e�i l► i ppeAtbOt lrolb dot tea d" d, no &bsmiao i
AUTHORITY: At" 670Ij-1. Tan 04 Statute, lmown u the Traffic Safety Act of 1967, and the FiShway
Safety Plea for Fiscal Yam•M -
WITNESSETH
X— A#mcb=d A. Approved Project Deeedptioo
.IL iftcbneat B, Appmnd Project Bohd
-X— Attachment C, Stem lwd Mauancee
-X- Attacbmect D. Debarma t CertHiiation
_ Attachment E, Lobbying Certification
PW 1 Qf l0 4w
TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREB4ENT
IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED DUPLICATE COUNTERPARTS TO
EFFECTUATE THIS AGREEMENT'.
rM:1 131t T ElZ' Vatm
THE STATE OF TEXAS
Executed for the Executive Director and approved for
the Texas Tunvmtstioa Co m suan wxlw the
F LOBBt�CR
CITY �O „ploditili of Mmuts t)rder No. ffiS13 #ad Shod Alorue
.. iw�ae ai - daatI 1+ibtme ! forabs propose art! Oct
au&eting andlor carrying out the ceders; "wAlis'hec7
policies or work programs beretofore approved and
authorized by the Texas Transportation Commission
wader the authority of Mumte Order No. 100002.
WINDY SITTON, MAYOR
[Name and Title]
For the Subgr tw.
CITY OF LUBBOCK POLICE DEPARTMENT
P.O. BOX 2000
LUBBOCK, TX 79457
9
For the Tams Department of Tvansportffiion:
Page 2 of 10
urn
TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
STANDARD PROVISIONS
ARTICIE L RESPONSIBILITIES OF THE PARTIES
The Subgrantee shall undertake and complete the project as descnbed in Attachment A, Approved Project
Dascriptioa, and in accordance with all terms and Condition included bere4naftar. The Department shall provide
asssi//s��t[[a(���
n�ce]]as appropriate and as specified in said. Attachment A.
0
;, ' /1. The aseduod aymeei four d be based on aerial cofb ;ohxured up to and not to exceed the
l'smits specaf a 3a Attach B, Approved Project Budget. The amount included in the project budget wril be
deemed to be as estimate ady and a bigber amount can be reimbursed, subject to the conditions specified in
paragraph B hereunder. If Attachment B, Approved Project Budget, specifies tat costs are based an a specific
rate, per -unit cost, or other method of payment, reimbursement will be based on the specified method.
B.
An payments made hereunder will be made in accordance with Attachment B, Approved Project Budget. The
Subgrantee's vq)enditures may not earoeed any budget category in the Approved Projed Budget by an amount
greatac dam S% of the Lobel reimbursable amount of the budget witbout a written. agreement amendment.
Hon►aver, do Subgrantee, mid provide written boa to flue Department of a ctuuage of S S or loss, prior to
payment dto.Reqasd four Inktivnewent that includes fire cbsop, i timg flue amount and perms change
sad die s i fit. 'gibe ptrm payable shalt not be Wised as a rank of exceeding a budget
aM-
To be e!ltgrbie fac re(a ranter his sgt+pemeanr, a cost mast be %gptired in Itc cotdan�ce with Attachment
s +.
a 8, OCt ! AtE+3tWe on080 1.
D. Payment of costa In W tvlinter this agreement isYfiudwr governed by are of the following cost principles, as.
appropriate, outlined is due Federal Office of Management and Budget (OMB) Circulars:
• A 21, Cost Principles for Educational Cana;
• A-87, Cast Principles for Stift and Load Goveraanants; or,
• A 122, Cost Principles for Nonprofit Organizations.
B. The Subgrantee age a .Odbadt wonl* or quarterly regiests for raindxmemeat, as designated in Attachment
A. wutrm 90 dgys a1 er Qt i atd of the Wing period. > The &ftrontee wM use Wing. statues acoaptable to
dta 1�e�iartmedt. ° 'be aio l baling 1� imd ace Copy ii 16be iced to the eddrecs shows on pegs 2
of fb3s age�toeei�t. ' �., r-. ,
F. no Stt gt w I se (p it �ia�msl �paymehoi Itodeor diL aft within sixty (60) daps Of,due
e at ,
d
G. The Dapartmergt wrYl exampae ad good faith to make payments wkHn Odity days of rooeipt of properly prepared
and documented requests for payment. All payments, however, are contingent upon the availsbiility of
appropriated funds.
H. Ptoject agreements supported with federal finds are limited to the length of due agreement period and usually do
not receive extended finding beyond three years. If berth die Department and the Subgrantee agree that the
project has demonstrated merit or bus potential long-range benefits, the Subgrantee may apply for finding
assistance beyond the three year limit.. To be eligible, the Subgrantee nmd have a cost assumption plan by the
and of the first twelve months. This plan will incha schedule for phasing in funding from its own resources
and the Abasing out of finding support from the Department. AN plans must be approved by the Department
before any extension beyond due dime year limit wr71 be grained. Preference will be given to those projects for
which do Subgrantee has assumed some cost sharing by the end of the first twelve months, and to those which
propose to assume due largest perceatage of subsequ at project cam.
Certain categories of funds may be exempted by the federal government fram due time limit requires.
Unless exempted, all federally -funded agrees are considered to be subject to the time limit provision.
fteJ of 10 4W
TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
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 3. Li MUTION OF LIABILITY'
Became fiats are audwrized on a fiscal year basis only. payment of coats incased ber mxW is contingent upon the
availability of fiords.
?fat aq time dui Stramat peaW do Deputr amat derermhm the Ibm b bsuffivient fimdm8 to cow dm
pueo�ec , the l�?6pattme tE shaIl to WY the 0aabee� l notice of Patent intetamoa lbe the. Snch
terminsfica will be coed in arch a mar Mt win =Wmize disruption to me &&jxaatee and due Department,
and as fusiber specified in General Pmvision 09, Termination.
The Subgractee, if oher than a State agency, steal be responsible for settlameot of nay and all claims and lawsuits by
tbird parties arising from or incidea>i to the Department's aunt -payment of do Subgrantee's claim under this
agreement. The Subgrautee expressly ad=wledges that its responsbilit' y includes die payment of all damages,
expenses, putties, fines, costs, charges, and attorney fees, if the claims or lawsuits are based upon the Department':
non-payment of claims submitted under duffs agreement. The Subgrantee abaft defend any suits brought upon all such
claims and lawsuits and pay all coats and expenses incidental duereto, but The Department: shall have the right at its
option to p utidpate in do defeauae of say afut,''uridwut relieving die Subpw tee of nay obligstion herander.
ARUCIE 4. A AMENDMEhTg& .
Vats Vn*+WiDOA eginean�t pea�od ties ilepattix>eot determines dual O&W and f nds are needed tQ bon am the
T Il d ties Vim► asooatrt prtpah is ' �; a'wMtten arneaidmmdC ire to be ezecutW to authorize
fn , if �ie, ?epi�i#asetit: aid flue >3ebgrasitee determind to 9 p�cgjeat funding.
Additionally. nay dcainges in due agr meat period, agreement terms or reaporusubrlities or the parties hereto shall be
enacted by written amendment executed by both parties.
The amendment shall be agreed upon by the parties to dais agreement and shall state due cbsage to tin mutual
saki of the parties. In no eves* wall The agreenux t period be extended unless a written amendment is executed
before &e completion date specified in Article, 1.
AR' = 3. ADL?I'IIONAL, woes
If due Stab ea fs ofthe opmiem & t any pro& It'iftbeen directed to perform is beyond the seeps of this'
and consftles deal wlatk. d>e Sutugrauytae alplt pxaco$y notify the Department in smiting. In the event that due
Dapaimaoi dud doe. ocmatid�te �d�tioap�tl �aarlc,` dse �►epatEmatt 10 advise the �gtergee sad
l e`I I 63r daigg dais Wolfe as theowGMau as due original wo& ff do conupenutkm for des ;
ad ortal wo lc Witt cave the me amnia pay" to be exceeded, a wuMen amendment wall be owcated. Any
amendment so executed anal be approved within the agreesnent period specified on die cover page to this Grant.
Pcje4af10 4W
TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
ENT
ARTICLE 6. CHANGES IN WORK
When tie approved project description requires a completed work product, the Department will review the work as
specified in the approved project description. If tie Department finds it necessary to request changes in previously
satisfactorily completed work or parts thereof, the Subgrantee will make such revisions an requested and directed by
the Department. Such work will be considered as additional work and subject to the requirements established in
Article S.
if the Depad meet Amb it peenemy .b tegdw, We Sftmotw to mvise cOMpleied wade to oorract asrcar appearing
ttxmin, to SubVanto sba ll Walm mich eot odious trod no amVeoaation wf U be paid for the Corrections.
ARTICLE 9. GENERAL TERM AND CONDITIONS
GL Iademniix I n
To the extent permitted by law, the Subgrantee, if other than a State agency, shall save harmless the Dew from
all claims and liability due to the ads or omissions of the Subgrantee, its agents or employees. The Subgrantee also
agrees to save harmless the Department fiani any and all expenses, inchrding attorney f6w, all court costs and awards
for damages, incurred by tits Department in litigation or otherwise resisting such claims or liabilities as a result of
any activities of cite Sbbgrantae, its agents or employees.
Parther, to the eat* permitted $r law, the S rwtee, if other than a State agency, &grass toprotect, otect, indemnify,
• SpMrtzneat spineot fend and
bramq by ampl4yee Of the bbbvw tee me. Department,dtm to personal nd/ar death to
and rave barmtees the il;ecen and all ciatma demands and poses of action
ate caakiyae g fiama►a.allegedse�Lgent bry► taxi tie p.et of t}te commission of tnartstom;
Gs. Inspection of work
The Department and, when federal finds are involved, the U. S. Department of Transportation, and any authorized
representative thereof have do right at an reasonable times to inspect or otherwise evaluate the work performed or
being performed hereunder sod the premises in which it is being performed.
U any bspecdou at 6 on de an the ptwmises of the Subgrantee or a anbcxrntracbx. the bftmntee dolt
provide smri segarte f ir. to provide all reasonable des and assistance for Hue saf q and oomwie nce
of the inspectors itt tl�q:perforariart{x, tlbir duties. All t�pec Lions and M&Wtions W patfo=med in sacka
manner a wffiapiys.,
G3. Mpulnand
The SubVadm doll be tattlp la for do settlement of all contractual and administrative, issues arising out of
proCUML WO entered in support of agreement worlL
DBgxdw concerning performance or payment shall be submitted to the Department for sedlemeat with do Executive
Director acting as referee.
This agrees 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 is equity may be avaffed of by either party and shall be
cumulative.
Page 5 of 10 497
i
TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
G4. Noncollusion
The Subgrantee warrants that it has not employed or retained any many or parson, other than a bona fide
employee working for 4 to solicit or secure this agreemat, and that it has not paid or agreed to pay any company or
person, other than a bona fide employee, any foe, commission, percentage, brokerage foo, gift, or any other
consideration contingent upon or resulting fiiom the award or making of this agreement. If the Subgrantee broaches
or violates this warranty, the Departinent shall have the right to amain this agrees without liability or, in its
discretion, to. fiam** agreemant price or oosideration, or ottretwise tecom the full amount of xP& fee,
f-
CA Report%'
Not later than thirty days after the end of each reporting period, as designated in Attachment A, the Subgranteo shall
submk a performance report using forma provided or approved by the Department. The performance report will
include as a minioarm (1) a comparison of actual accomplisbments 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 overnras or high unit costs.
The Subgracatee"admit the final performanoe report within 30 days after corrpletion of the grant.
2. Favorable developments at events that enable meeting time schedules and objectives sooner than anticipated or
praduciag more work cants than originally projected•
G6. Records
The ,mt" sseM to *Abtd n A boob, daampemb, , ac countinS records, and other evidence pertaiaarg to
scab pedxmd bete ider sW bodU doorunenti � papara,,accoaatiag recorcb, and other
eyvudarr�e to costa rrQd w brerAinai% lad the reconda, rod shall im" each c+eaorda
2, J4 oile 0 � at ati s�aaaomb a i�toeii :£or ttsf ilma,penod is Aticle 1, Camtxad > .' "kite ``
St>bg�cantee tmiber aSrba W Main aid records for feat yda:, %'6ae date of imal payaent cf codtfRA costs
ro °
IN
A
of theeross lhht0 �AudiiobOr� f6e i`Orcaa 10[Iatim0lY{ ofTralrapOrtatian, the United states
Department of Tiraaaportatinn, and the Office of the inspector General shall have access to the records at reasonable
times during the contract period and the four yew retention period for the purpose of m0drig au, excerpts,
and o_ dm eta s. this right of acce" is not hotted to the fear year period tart shall host a 1mg
as the s+eo0aids site 'retained. _ff #jW Ttdgabon, &1m, =Wbsbon, audit at other action involving the records hu bees
started before the expiration of the four year rated period, due u bgran tee shall mum the records uadrl completion
of the action and resohrtian of all issues which arise from it.
G7. Audit
The Subgramtee •ball comply with rho requirements of the Singlo Audit Act of 1984, Public law (PL) 98-SO2,
emsruiag that the single audit report imchrdes the coverage stipulated in the following, as appropriate.
• paragraphs 6, 8, and 9 of OMB Circular A-M, 'Audits of State and Local Governments,' or,
• OMB Circular A-133, `Audits of Cana of A"igher Education and Other Nonprofit Institutions.'
Page 6drf 10 4*7
�► ' • c • c • c��l �I�I JIB y
G8. Subcontracts
Any mAcontrad 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 subcoairact by the Department and,
when federal fimds are involved, the U.S. Department of Transportatiom
Subcontracts in excess of $25,000 Shan contain all required provisions of this agreement. No subcontract will relieve
the Subgrantee of ib tnspaaab ►1Gt0 "Or lh4
MVWCWA-
G9. moo
The Department may terminate this agreement at say time before the data of completion whenever it is determined
that the Subgrantee has faded to carpiy with do conditions of the agreement. The Department shall give written.
notice to the Snbgrantee at least seven days prior to the effective date of termination and specify do effective date of
termination and the reas= for termination.
if both parties to this agreement agree that the confian.ation of the agrees would not produces beneficial
results commensurate with the further expenditure of fiends, the parties ahall agree upon the termination conditions,
including the effective data and the portion to be terminated.
Upon termination. of Has agreemank wbedut far cam at at the couvemiaze of the parties hereto, all funidwd„or
unfinished documents► data, ainduas, ,; r Mp. drnwmgs, !!, pbolopnAs. eto. p Wared by do
Sub ntee aLsD. Qh>n apirat +of llle 3 paiftmttis beoo®e ft peqjiwlY d do pepat aw'.
e
r
'M those eirgrble ihtrmf lbeOEM
! wdlich are t�otf br t +� lhefvNO k ioverift d&*Sr6&tA psaVW' fit do work
Las been im � tale to dtie Department: T6 S ubgta ii ikifi i4 lira sow
obligations far tine termimted pottiomt Qhes idffedive date of term
Except with respect to defaults of subcontractors, the Subgrantee shall not be in default by reason of any feu' ure in
performance of this agreement in accordance with its terms (mcludmg any faiWm by the S ubgrantee, to progress in the
performance of the work) if such feu m arises cut of causes beyond the control and w fflx ut the default or negligence
of the Subgraaiee. Such coma may hwhrde but ern not limited to acts off rod. cc of due public enemy. acts of the
Governma t is either its sovereign tic cotftobal capacity, fs�, , , Qwurauutine , sue,
rgoes, told. I=MIa iy weatbar. to wary ease, ."faihum to perform arras be beyond the
control said vvrtbog}t tie' 4t#it +4t`abstuotee. "
MO, Sctattdtiea
Tara: TYta that esnpicq►eati cf the iatt ahsTl Ott accept tqp�► benefits,
>� or farces f am arp pew &4 With or wrLo rt�aaanabiy aP fl i* do basmess sue Department
under this agreement. Ue only exception allowed are ordinary business hunches and Revu that have received the
advanced wry approval of me Department's Executive Director.
Any parsm doing business with or vAw reason** spanking may do business wits► the Deparbrad under Qua
agreement may not make any offer of benefits, gas or favors to Department employees, except as mentioned
heresbove. Failure on the part of the Subgrantee to adhere to this policy may result is termination of this agreement.
G11. Compliance With Laws
The Subgrantee shall comply with all Federal, State and local laws, statutes, ordinances, rules and regulations, and
the orders and decroes of any courts or administrative bodies or trinmals in any matter affecting the performance of
this agrees, inchuding, without limitation, workers' compensation laws, minimum and maxiamrm salary and wage
statutes and regulations, and hcewmg laws and regulations. When required, the Subgrxntoe shall furnish the
Department with satisfactory proof of its compliance therewith.
G12. Successors and Assigns
Page 7 of 10 Nn
TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
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 m
respect to all covenants of this agreement. The Subgrantee shall not assign, sublet, or transfer its interest and
obligations in this agreement without written consent of the Department.
G13. Ownership of Documents
Vpoon or ft-cminadoln of Ws ogmemix& sII doonamss ptepared by des Sib jrantee or famisbed to the
Ebye�be.'i_1u y�_t.7t� ����L��• AD sloebchap,
"be �O &Vaud% upon•"`lnst o 60
011 !fimbdiin of thek fnrthe?
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 oiLerwiae specified, the btitbgnantee shall furnish all equganed, materials, and supplies required to perform
the work =Moriz'ed burin.
All 'Am bStantee da brave such lmowledda and egedeooe a will aoable them to perform the doiia
astrgned �, of tine dubecaatee who, fit tits opWM of do Depa:tmeiat, is hyooen , err *%oaa"
aawnduid 4t 31uuL1 � y' bR !%*KOOIL
1e i ed.
ss
Ties+4rtabi>:h tldadmimatet.i iyetm to I,'pt�otecE,preaerve, use, maintain, and dispose of
any properly fiunished to it by the Department or purchased pursuant to this agrees is accordance with its own
property management procedures, provided that the procedures are not in conflict with t1w Department's property
vrocedum or Property management eiandud+e. 'a appropriate, ha:
• 49 CFR 18, `Uniform Administrative Requirements for Grub and Coopeest ris Agreements to State and Local
• C�IM,,,� A:11% worm Requhummb far Giants to Qdnts tiei , Hospib ., and Odd Nonprofit
MCC
The IL
1ie4et ee�veed dw requiremeds f as i7Wp Wriabe, off;
a+ 0 cm 's ids fw bi661 and CO Ve ,Agreements to State and Load
is 1W, .
ONS Cfivular A-110, `Umfosm Requirements for Grants to Universities, Hospitals, and Other Norgm&
Ortanizations. •
G17. Instarna
When directed by the Department, the Subgrantee, if other than a State agency, ahall provide or sban require its
subooniractors to secure a policy of insurance in the maximum statutory limits for tort liability, naming the
Department as as additicmal insured under its terms. When to directed, the Subgraatm shall provide or shall require
its subcontractor to furnish proof of insurance on TzDOT Form 20.102 (12/91) to the Department, and shall maintain
the insurance during the grant period established in Article 1.
G18. Equal Employment Opporrimft
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).
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TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
G19. Nondiscrimination
During the performance of this agcnment, the Subgrantee, its assigns and successors in interest, agrees as follows:
1. Cam_in_tinner- with Regulations! Tie Subgrantee shall comply with the regulations rebitive to nondiscrimination in
federally assisted programs of the U.S. Department of Transportation, Title 49, Code of Federal Regulations, Part 21
and Tittle 23 , Code of Federal Reguladons, Pad 710.405(b), as dwy may be amended from time to time wafter
rdei ed to as do lesnLtsom W ft' . eh �arpormd by rdareo o and made a put of dais egreemmeot.
2. ifllo li.�daue t t `"lie Spbg:yu�es, t it.aSard to to work performed by it tiring flue agreement, shall not
disc s 'anof lice, actor,"`poi, cr astiom aai& in die selection sad rebeotiam of ,
including procurenumt of materials and leases of equipment. Tie Subgrantee shalt not participate either directly or
bdirtx* in the discrimination. prohn'br'tod by Section 21.5 and Part 710.405(b) of the Regulations, including
employment practices when the agreement covers a program set froth is Appendix B of The Regulations.
3. gnBritntinnc for h%dynn ftMj5T cling Prim mmpM of Materiak and Eq ipm i& In all solicitations either
by competitive bidding or negotiation made by the Subgrantee for work to be performed under a subcontract,
including procurement of materials or leases of equipment, each potential subcontractor ar supplier shall be notified
by the Subgrawtee of due Suubgn mtee's obligations under duffs agreement and the Regulations mlative to
nondiscrimination as fire Swoods of aaee, eo1or, sex, or national origbr.
aaa�pat os,fits tt.8.']7
edivQlk''Wheme �Y �
of 00, 1
It has made to Aign ee iidforamtran.'
S. Sancdons 1hr &nwmvH== in BIO snot of due Subgrantee's ao Iiaace with the i<taadiscrivaihnatioa
provisioaa of dhis a�tebme¢>f, tluer Deprttane 1he11 impose such sanctions as it or the U.S. Dapartand of
Ttausportatian may deteivi" to be opri e, including but not limited to:
•_ witlhho `bf s the Sbtb ap ee c #bra js'eemieat• untul the Syuhgrautee complies, andlor
a .'+E e eWo" is whole or in pea
al-'t- @ne rorviaiaas of & 1 thr b! (k every
i- �, # P orrteariw<is oetrtupuner�t, itea �ateapt6j► due ReguLtiamaZ or
Wives issued gptifes+ato. The , such actioaa b sob000trsrt or
proauatt Iu1 �10 1Y ���fi0dwins 60
• , t #n tarp avartE a SnbSrarntese Uoomes ibivotved in., ar is Weateimd wife
with k sn7uoot t actoi or sqj6iiifs s of snch'&=ti'on, the SbbVm tee eoscy request the Department to
enter into such litigation zo psatect Qne iaerests of die DquAment; in addition, die Sd*antee may request file United
States to effier 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, ahall have the maximum opportunity to participate in the performance of contracts financed in whole or in
part with Federal funds. Cons"pentiy 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 die performance of contracts and financed in whole or in part with
Federal funds. In this regard, the Subgrantee shall Calm all necessary and reasonable steps in accordance with 49
CFR 23, exclusive of Subpart D, to aasum that Minority Buushms Enterprises bane the maximum opportunity to
compete for and perform meads.
• 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 past with Federal fins.
Page 9 af10 1 1 4W
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TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
These requirements shall be physically included in any subcontract.
Failure to carry at the requirements set faith above shall constitute a breach of this agreement and, after the
notification of the Department, may torah in termination of the agreement by the Department or other such remedy as
the Department deems appropriate.
G2L DebarmentlSuspension
Tee_Sabertie ?�! tao�rhanud or petmitm>low **W tataaany pit W b
deterred aor horse ezchtded � or inalypb� Porn is frederut u p�gms tinder
$ ecuer, Dcilaor 12$49, Dpbiti roemt tmd Su:peasian.
The Subgrantee shall require any party to a subcontract or purchase order awarded under this agreement to certify its
eligibility to receive federal great funds, sad, when requested by the Department, to fvraiah a copy of the
certification.
G22. Signatory Wamanfy
The sig�oatary for the Subgraatee hereby top cots and sv mints that sheJhe is an officer of the organization for
whichtd>re/ .tile this llgxaeooieat tied that shei6a has full and complete authority to enter into this agreomcut
an 6ebslf of fbaniut?oa. /fit fba time the atgaatotytite p signs the great for thirty
days. befir�ba a �etfer 1igmttcgg sigaeriva tide for graai-raalatod
be f Oil' Iemardmetta. pop 4eliwd documents ,'6at oaot 6e
i
#
The Subgrantee attests that the assurances iaciudod in Attachment C of this agroeabcnt and the certification iachxded in
Attachmept D of this agreement are accurate and current.
F
t
FoBe la bra �
ATTACHMENT A
APPROVED PROJECT DESCRIPTION
SAFE AND SOBER WAVES
(SUMMER HOLIDAY Selected Traffic Enforcement Projects)
Wei K • •�•
1
1 1 Y 1
This grant implements Task D, of 97-04-02 of the FY97 Highway Safety Plan.
IL PROBLEM STATEMENT:
Results of special statewide demonstration STEPS conducted in Texas and five other
states affirm that coordinated waves of enforcement, stove)% and public information and
education and highly effectivein reducing traffic -related
fatalities, 1 fiGrsts Reports from these demonstration STF.P�s show significant
mcxeases tarse t �iiglr.Z" law enfort� rent partRapatior�,Wand extensive
ptiagr`�ate���`'�ra+r�� stake !�'SAI!grtsvifp:
Seasonal`'problems tice`ident'iriwalcohol, belts and/or speeding. These
trends can be addressed by focusing on the key issue(s) of safety during peak times such
as speed and seat belt enforcement during the summer holidays.
Speedup continues to bea major contributor to traffic crashes and resulting injuries and
AWN
'art onty► Sghway , but on all ,ofroadways within our cities
end tow". w�e�. i i ot�iient �titiGs Have the �ppo fsi4 through Safe & S6ber
waeves to focal. r Worts an those str"ts and roadways that have a high
=m,bet bf-speed ltt d/art~xpe:ienoc,higi fates ofnanoomptiaance with the
posted
$P Gnats
The Su'bgrantee tcrtrte 'fit' i bas identified roadways tbat1ave been found to have
substantial degrees of noncompliance with posted speed Emits within city or town limits.
One of the best defenses against a drunk or speeding driver is a properly worn safety belt.
According to the Wational Safety Council, people who wear safety belts have a 45% better
chance of surviving a serious traffic crash and a 50'/o better chance of surviving without
severe injuries. The State of Texas has had a Mandatory Use Law• (MUL) for safety belts
for the past 11 years. Since that time, Texas has seen safety belt use rise to among the
highest levels in the country. In 1996, according to the Texas Transportation Institute
Ma Texas A&M University, the percent of drivers restrained in 18 Texas cities was
approximately 78.0%. A statewide weighted estimate of safety belt use for front seat
occupants in 1996 was 73.9%.
SAF&SOB.WAVE 3/97 page 1 of 9
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 for this age group in 1996 was 61.2%.
The statewide goal for FY 1997 is to achieve at least 75% safety belt use by front seat
occupants (drivers and front seat passengers) and 70% child safety seat or safety belt use
by passengers from birth to 4 years of age.
Ile Subgrantee will conduct pre- and post -speed and safety belt surveys in the targeted
•cities deieraaine local usage and speed rates before and after each wave conducted.
is
The 1994 Save City/Save County Ranking, which appears in the annual Highway Safety
Plan, tanks Texas cities and counties with respect to the severity of problem. This
Subgrantee has Weighted Ranking Numbers as follows:
1994 QARANK Adult - No Belt - 23
In each targeted city:
To reduce the percentage of vehicles exceeding the speed limit from the pre- to post
Surveys br
ge� percentage points for the Memorial Day wave
_ percentage points for the Independence Day wave
5� percentage potttts for the Labor Day wave
r
To increase safety belt use among drivers and front seat passengers of and child passenger
restraint use from pre- to post -surveys by:
aduhs children
5% lot percentage points for the Memorial Day wave,
5% lot percentage points for the Independence Day wave,
5 % lot percentage points for the Labor Day wave.
To incorporate pre- and post -public information and education (PI&E) efforts into the
Safe and Sober Wave activities.
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.
page 2 of 9
SAF&SOB.WAVE 3/97
IV. RESPONSIBILITIES OF THE =SUBGRANTEE:
A Carry out the objectives of this grant by implementing the Action Plan in this
attachment.
B. All newly developed public information and education (PI&E) materials must be
submitted to the Department's Traffic Operations Division, Traffic Safety Section
('ti,F-1 U for written Approval prior to ON,production. Reproduction of
Ca#ionsi aighmmy' Ti le Safety Administration or other Uerat government
endorsed nateriat already approved is permissible without Department approval.
Prior to the development of any materials, the Subgrantee will contact the
Department regarding the procedures for producing, distributing, maintaining, and
reporting on the use of PI&.E materials.
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 xneetrrgs;acvord'eng to the following:
I z s tYbecatttee:v�ill a ange ford:meeting withe thDepartm6t to present
'bigofac tvities raid p lems and sc4edulir�g.
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 doc imerttation of that approval must accompany the Request for
Reumursement. ir8nt approval does not at* this requirement.
F. Maintain verification that wages or salaries for which reimbursement is requested
ia'for woric ext u is dy related to this project
G. In addition to the Safe and Sober Wave enforcement activities, maintain the
agency's total non -STEP enforcement citations at no less than the level attained
prior to grant approval.
Ensure that the enforcement hours worked under the grant are for STEP Wave
activities.
Ensure that each officer working on the STEP Wave project will complete an
officer's daily report form. At a minimum, the form should include: name, date, badge
number, type grant worked, grant site number, mileage (including starting and ending
mileage), hours worked, type citation/arrest, officer and supervisor signatures.
page 3 of 9
SAF&SOB.WAVE 3/97
I Ensure that no officer above the rank of Lieutenant will be reimbursed for
enforcement duty-
K. Support grant enforcement efforts with public information and education.
Enforcement salaries being claimed for PI&E activities must be included in the
budget.
L. Office assigned to Speed sites should be trained in the use of radar or laser speed
itxteas�ren}�nt desrices.
M. Offcems assigned to OP sites should be trained In the Occupant Protection Usage
Enforcement (OPUS) course approved by the Texas Commission on Law
Enforcement Officer Standards and Education (TCLEOSE).
N. Subgrantees with a Traffic Division will utilize traffic personnel for this grant
unless such personnel are unavailable for assignment.
O. Conduct pre- and post -occupant restraint observational surveys to establish
driver and child restraint usage rates for each Wave.
P. ' ;Prior to cctfndu n Speed cafor=n* s uvey and select enforcement sites that
comp. with state mandartec .i'imifs In rtcxordanc a with the Texas
Q. Schedule Speed enforcement in areas where there is at least a SO° noncompliance
with the posted speed limit.
R. Conduct pre- and post -speed zone measurements for each wave of Speed
enforcement to determine impact of effort.
S. sure that salaneg W employees, reimbursed under this grant are either overtime
pay, or additional hires. in no c 4vill federal fimds supplant (i.e., replace existing
crate or fiocat acpencGnues with th6 use of federal grant funds) Subgrantee wages.
V. RESPONSIBILITIES QF TH E DEPART:
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 as indicated on the cover page of the agreement.
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.
SAF&SOB.WAVE 3/97 page 4 of 9
E. Ensure that speed zone measurements are conducted to determine appropriate
Speed sites and pre- and post -wave speed compliance measurements.
F. Ensure that occupant restraint surveys are conducted to determine pre- and post -
wave usage rates.
VL SERF _RMARS:
The following ptc)3ot: unce indicators, when applicable, shall be included in each
Performance Report, Annex Report, and summarized in the Administrative Evaluation:
A Number of Speed and Occupant Protection (OP) citations issued and DWI arrests
during enforcement phase of the Safe and Sober STEP Wave.
B. Subgrantee total arrests or citations during the enforcement phase (including
STEP) for each of the following:
1. DWI
2.
Speed Over Unit
3 . Safety
4. Child Restraint
C. Speed Performance Indicators.
1. Number of Speed site enforcement hours worked.
2. Number,ofSpeed citations per enforcement hour.
3. Maurtes►ance of non -STEP Speed citation activity (see IV. G).
4. Compliance with posted speed limits at STEP sites.
5. Number of speed -related crashes.
D. Occupant Protection Performance Indicators.
1. Number of safety belt/child restraint citations per enforcement hour.
2. Maintenance of non -STEP safety belt and child restraint activity (see
IV.G).
3. Number and results of occupant protection surveys conducted.
SAF&SOB.WAVE V97
page 5 of 9
,
4. Percentage point change in observed safety belt and child restraint usage
between pre- and post -surveys.
5. Number of officers working OP STEP trained in the Occupant Protection
Usage Enforcement (OPUE) course.
6. Munber of officers working OP STEP.
5
E. Member of presentations conducted in support of this grant.
F. Number of persons attending presentations.
G. Number of media exposures (i.e., news releases and interviews).
H. Number of community events in which STEP Wave officers participated (i.e.,
health or safety fairs, booths).
L Number of public information and education materials distributed (by item).
1
SAF&SOB.WAVE 3/97 page 6 of 9
VIL OPERATIONAL PLAN:
A Speed STEP Wave
SITE DESCRIPTION
START OF SIFT
END OF SHIFT
Citywide
First Wave:
(Speed edbroement should be focused an eras wbae mare is
May 21
May 27
at beast a 50% n lw oq'vftmo posted speed Emits
and/or a high number of V aed tdded cashes)
Second Wave:
July 2
July 8
Third Wave:
August 27
September 2
B. OP STEP Wave
SITE DESCRnMON
aitYwide
START OF SHI T I END OF SHIFT
Fast Wave:
May 21 1 May 27
Second wave:
July 2 July 8
Third Wave:
August 27 September 2
If an officer=kes a STEP Wave -Mated arrest durigg the xl^ but does not complete the
arrest before thisM is'scheduied to end, the officer can conthwe worian under the grant to
complete that arc+est.
SAF&SOB.WAVE 3/97 page 7 of 9
ACTION PLAN
OBJECTIVE: KEY: P = planned activity
C - completed activity
R - revised
TASK: To fulfill administrative and general grant atents.
AC IMY
: =
RE'91At. .
PROJECT MOMii
OC
NO
t
FH
>1�t
AP
MY
1P1
1
AU
9E
OC
NO
1. Grant &fivay meeting held
:
P
-
2. Requests for Reimbursement submitted
P
P
P
P
P
P
3. Performance and Am= Repats submitted
P
F
P
P
P
P
4. Grant progress review meeting.
eadt
p `
S. Conduct on -site monitoring visit
.
6. Submit pre- and post -data referenced is
P
P
P
P
P
P
Objectives A and B.
7. Administrative Evaluation submitted
P
S. Submit letter regarding signature authority,
P
9. Submit operational cost per vehicle mile (if
SubpWatee
P
licable).
10. Conduct speed Crone measurements.
Subgmfttee
P
P
P
P
P
11. Conduct belt use and child restraint
a
L.L
I
P
P
P
P
P
observational njs -
-
SAF&SORWAVE 3/97
page 8 of 9
ACTION PLAN
OBJECTIVE:
TASK: Conduct public information and education (PME) activities.
KEY: P = planned activity
C - completed activity
R a revised
ACTIVITY
MmNamm
PROJECT MONTH
OC
NO
IN
XA -
F9
MR
AP
MY
JN
Xt.
AU
8E
OC
NO
1. Context the Dept regarding PMtE
procedures and plarwin&
SWWWAM
P
P
P
2 Distribute materiels
P
P
P
P
P
3. Maintain reoords of all PI&E materials
received/distributed
S tee _
P
P
P
P
P
4. Report on activities.
Sabgr+eatea
P
P
P
P
P
S. Conduct news conference(s).
Sabgratmoe
P
P
P
P
P
6. Issue news release(s).
P
P
P
P
P
7. Conduct presentations.
3ab®►eee
P
P
P
P
P
S. Participate in owumnity events (i.e.,
health or s!f= fkim booths),
P
P
P
P
P
SAF&SOB.WAVE 3/97
page 9 of 9
ATTACHMENT B
APPROVED PROJECT BUDGET
SAFE AND SOBER WAVE
City of Lubbock
SUBGRANTEE
(Round figures to nearest $)
BUDGET CATEGORY 1: ja T : ederal n s
(100) SALARIES*"
A. ENFORCEMENT (overtime)
1. Traffic Officers: 327 hours
S 8,502.00
@ 26.00 perhour—$ 8,502
2. Sergeants: 40 hours
$ 1,180.00
@ Z9.50 perhour=$ 1,18o
3. Ututenants: hours
B. STAFF k6 SU►PER 1 Y 5T1 PORT (got to
mood 10/oaf tom $pant annami)
#
1. Project Director (overpma):
S 266.00
9 hous@ 29.50pQh=:a 265.50
2. Cicrk/dats entry.
$ 46.00
a
�,._, tr"time or reSuiar time;
type X in appropriate blank)
_ 3 hours ® 15.29 per hour - S 45.87
G OTHERSAL4PIES (ovaiime)
$
s
Ote. etc.)
"Please identify (Type, 6 hours, rate):
D. PI&E ACTIVI'TIES (overtime)
S
(Not to exceed 10°/a of (100) Salaries)
hours @ $ per hour = $
TOTAL (100) SALARIES
S
* * (Hourly wage rates are estimated for budget purposes only. Reimbursement will be based on actual costs per
hour, per employee, and in accordance with subgrantee's payroll policy.)
SAF&SOB.WAVE 3/97 Page 1 of 2
(300) TRAVEL AND PER DIEM (actual
costs not to exceed state rates)
TOTAL(M)TRAVEL
TOTAL LABOR COSTS
BUDGET CATEGORY U - OTHER DIRECT COSTS:
(700) OTHER MISCELLANEOUS COSTS
m les per mile
GRAND TOTAL
SAF&SOB.WAVE 3/97 page 2 of 2
Federal Funds
$ -0-
c
S 9,994.00
ATTACHMENT C
Ta
Farm IM
W94 STANDARD ASSIIRANCILS
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 Circttlara A 110 and A. M, as they relate to ft application, acceptance, and use of federal or mate
Wifor Ii---,. i;� Kh � •WV W nt LL. 3 ;`
1. It possesses legal aaff pity to apply for the grant, that a' rrsolation, 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.
6.
7.
8.
9.
It will comply with Tide VI of the Civil Rights Act of 1964 (Public Law 88-352) and in
accordance with Tithe VI of that Act, no person in the United States shall:, on the grounds of race,
Dolor
or national origin be excluded from participation la, be denied benefits of, or be otherwdse
to discxhntseder any program. # acfiir ity for which tEttt applicant receives
assist s ilad will immediately (aloe *V nec tinny to effe"te this tat'
lEt s tiuD`L tvti RI t� + (42 USC O .P
empl t d don here (1), . Hof a gtgnt `w prwlde ¢yme r 1
(2) dtgiy �grme»t'p�acticts wf11 tint rn�rquat-troatmsAt of pelages wlto are or
should be beae$tWg frarn the grant -sided activity.
It will comply with requirements of the provisions of the.Uruform Relocation Assistance and Real
Property Acquisitions Act of 1970 (PL 91-646) which provides for fair and equitable treatment of
persons laced as a result of federal and federally assisted programs.
It will comply with ft provisions of the Hatch Act w i ctt limit the political activity of emplo ca.
It willimunn Wage and maximiun I1nqrc provisions of the Federal Fair Labor '
SandArds AM is ffiey apply t D l pspital and educatiopal Institution employees of State and local
It wffestablkh safeguards to prohibit employee, from'ttsing 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.
It will give the sponsoring agency the access to and the right to examine all records, books,
papers, or documents related to the grant.
It will comply with all requirements imposed by the sponsoring agency concerning special
requirements of law, program requirements, and other administrative requirements.
Page I of2_::;
St"wd ^wssna.
TxDOT Form 1864
O/"
Attaehmw* C konthuoW
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.
il. it till ijr_r loe� t7equirettuntai,on �a� df�iaad,
Y3i�aster rptecdc� J�%,t ,97 33-?e34 67 stat.
102(a) =,' on and jhii ac&2. I97S, the purchase of flood swans In commudSes
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 tie
Secretary of the Department of Housing and Urban Development as an area having special flood
hazards. The phrase 'federal financial mistance' includes any form of loan, grant, guaranty,
insurance payment, rebate, subsidy, disaster assistance loan or grunt, or any other form of direct
or indirect federal assistance.
12. It will assist the grantioar a
Preservation Aci of IM
11ts liaaica wilt Section
M
13. It will comply with Chapter 573 of the Texas Government Code by insuring that no officer,
employee, or member of the applicant's governing body or of the applicant's grans"vote or
confirm the employment of any person related within Me second degree of affinity qr dM degree
X ooasanguinity m Member of the o rerniag body;,ar 100 offtoer ox ttoyee
w aisnd tip y tar rrciso, Ch person. TFds pt abibidon t all toot a b#t ire MP Ioyment
of a parsa��e�ribed Iti$eft 3..062 of the'Feiss Via.
z
i a rt G
it Will
ins dratfotn�g�tonotCec�ed. assembled,r" by kie' Bpplitaant vt to
Ibb Pr" "public during aotmal
ahoursp 1irrp
` (�`apter i$S1'. of lt+e Ta�:eramerit rode unkas oQutirt�
• �1Y �
It will comply with Chapter 551 of the Texas Government Code, 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.
Page 2 of 2
ATTACHMENT D
Pam 1253
wk DEBARMENT CERTIFICATION
(1) The SUBGRANTEE certifies to the best of its knowledge and belief, that it and its principals;
(a) Are not poesently debarred, suspended, proposed for debarment, declared imligrble or voluntarily
excluded fit w covered transactions by any federal department or agency;
(b) Have not t 1bin a dire year Period preceding this propoul ben convicted of or bad a civil judgement
revered aping then for commission of fiavd 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 embezzle, theft, forgery, bribery,
falsification or destruction of records, making false statements, or receiving gtolim 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 (l)(b) of this
certification; and
(d) Have to 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) VAwn tbe,�bUBM A M is enable to certify to any of the statements in this certification. such SUBGRANTEE
aball attach an eotplandion..to Gb certificxriOn.
Signatcrre of Certifying Official
T11e
Data
Page I of 1