HomeMy WebLinkAboutResolution - 3644 - Contract - TDHPT - Occupant Protection Selective Traffic Enforcement Project - 06_13_1991Resolution No.
June 13, 1991
Item #27
3644
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RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a contract and
associated documents by and between the City of Lubbock and the State
Department of Highways and Public Transportation for Occupant Protection
Selective Traffic Enforcement Project activities, attached herewith, which
shall be spread upon the minutes of the Council and as spread upon the
minutes of this Council shall constitute and be a part of this Resolution
as if fully copied herein in detail.
Passed by the City Council this
ATTEST:
Ranet e Boyd, City ecretary
APPROVED AS TO CONTENT:
Donald Bridgers, Chi_ of Police
APPROVED AS TO FORM:
13th day of
J,
ald G. Vandive , First Assistant
City Attorney
June , 1991.
B. C. McMINN, MAYOR
Kesoluuion No. J044
June 13, 1991
Item #27
Contract No.
Charge No.
VID No. 17560005906000
TE_X_AS TRAFFIC SAFETY PROGRAM
CONTRACT
THE STATE OF TEXAS **
THE COUNTY OF TRAVIS **
THIS CONTRACT IS MADE BY AND BETWEEN THE STATE OF TEXAS, acting by and
through the State Department of Highways and Public Transportation,
hereinafter called the Department, and City of Lubbock
acting by and through its duly authorized officers, hereinafter called they
Contractor. For the purpose of this contract, the Contractor is designated
as a(n) Local Government
WITNESSETH
Article 6701j-1, Texas Civil Statutes, declares that 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,
The Governor of Texas has named the Engineer -Director of the Department as
his representative to administer the Texas Traffic Safety Program; and,
The Engineer -Director has formulated a program of projects for the current
fiscal year called the Highway Safety Plan (HSP), and the United States
Department of Transportation (US DOT) has approved the HSP and authorized
the Department to proceed with implementation in accordance with approved
procedures; and,
The Department and the Contractor agree to implement a traffic safety
project generally authorized in the HSP, said project described as a(n)
Occupant Protection Selective Traffic Enforcement Project (STEP)
NOW, THEREFORE, in consideration of the premises and of the mutual
covenants and agreements of the parties hereto, the Department and the
Contractor do mutually agree as follows.
AGREEMENT
ARTICLE 1. CONTRACT PERIOD
s
This contract becomes effective on June 1, 1991 or
when fully executed by all parties hereto, whichever occurs later, and
shall terminate on Aueust 31, 1991
unless termination occurs as provided for hereinafter.
7/90 PAGE 1 of 12
TEXAS TRAFFIC SAFETY PROGRAM CONTRACT
ARTICLE 2. RESPONSIBILITIES OF THE PARTIES
The Contractor shall undertake and complete the project as described in
Attachment A, Approved Project Description, and in accordance with all
terms and conditions included hereinafter. The Department shall provide
assistance as appropriate and as specified in said Attachment A.
ARTICLE 3. COMPENSATION
A. The maximum amount payable under this contract shall not exceed the
amount of $ 20,000 unless modified in writing
through an amendment pursuant to Article 5.
B. The method of payment for this contract will be based on actual costs
incurred up to and not to exceed the limits specified in Attachment B,
Approved Project Budget, unless other methods of payment are specified
as follows:
1. If Attachment B, Approved Project Budget, specifies that actual
costs will be reimbursed, the amount included in the project
budget will be deemed to be an estimate only and a higher amount
can be reimbursed, subject to the conditions specified in
paragraph C hereunder.
2. If Attachment B, Approved Project Budget, -specifies that costs
are based on a specific rate, per -unit cost, or other method of
payment, reimbursement will be based on the specified method.
C. All payments made hereunder will be made in accordance with Attachment
B, Approved Project Budget. The Contractor may transfer an amount
equal to 5% of the total budget authorized in Attachment B, Approved
Project Budget, from one cost category to another. In no case shall
the maximum amount payable be exceeded as a result of the transfer.
The transfer of funds between cost categories will not require a
written amendment to the contract unless the amount of the transfer
exceeds 5% of the total project budget.
D. To be eligible for reimbursement under this contract, a cost must be
incurred in accordance with Attachment B, Approved Project Budget,
within the contract period specified in Article 1 above.
E. Payment of costs incurred under this contract is further governed by
one of the following cost principles, as appropriate, outlined in the
Federal Office of Management and Budget (OMB) Circulars:
* A-21, Cost Principles for Educational Institutions;
* A-87, Cost Principles for State and Local Governments; or,
* A-122, Cost Principles for Nonprofit Organizations.
A.
F. The Contractor agrees to submit monthly or quarterly requests for
reimbursement, as designated in Attachment A, using billing statements
acceptable to the Department. The original billing statement and one
copy is to be submitted to the address shown on the last page of this
contract.
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TEXAS TRAFFIC SAFETY PROGRAM CONTRACT
G. The Contractor agrees to submit the final request for payment under
this contract within sixty (60) days of the end of the contract
period.
H. The Department will exercise all good faith to make payments within
thirty days of receipt of properly prepared and documented requests
for payment. All payments, however, are contingent upon the
availability of appropriated funds.
ARTICLE 4. LIMITATION OF LIABILITY
Because funds are authorized on a fiscal year basis only, payment of costs
incurred hereunder is contingent upon the availability of funds.
If at any time during the contract period the Department determines that
there is insufficient funding to continue the project, the Department shall
so notify the Contractor, giving notice of intent to terminate the
contract. Such termination will be conducted in such a manner that will
minimize disruption to the Contractor and the Department, and as further
specified in General Provision G9, Termination.
The Contractor, if other than a State agency, shall be responsible for
settlement of any and all claims and lawsuits by third parties arising from
or incident to the Department's non-payment of the Contractor's claim under
this contract. The Contractor expressly acknowledges that its
responsibility includes the payment of all damages, expenses, penalties,
fines, costs, charges, and attorney fees, if the claims or lawsuits are
based upon the Department's non-payment of claims submitted under this
contract. The Contractor shall defend any suits brought upon all such
claims and lawsuits and pay all costs and expenses incidental thereto, but
the Department shall have the right at its option to participate in the
defense of any suit, without relieving the Contractor of any obligation
hereunder.
ARTICLE 5. CONTRACT AMENDMENTS
If at any time during the contract period the Department determines that
additional funds are needed to continue the project and the maximum amount
payable is insufficient, a written amendment is to be executed to authorize
additional funds, if the Department and the Contractor determine to
continue project funding.
The amendment shall be agreed upon by the parties to this contract and
shall state the change to the mutual satisfaction of the parties. In no
event will the contract period be extended unless a written amendment is
executed before the completion date specified in Article 1.
ARTICLE 6. ADDITIONAL WORK
If the Contractor is of the opinion that any work it has been directed to
perform is beyond the scope of this contract and constitutes additional
work, the Contractor shall promptly notify the Department in writing. In
the event that the Department finds that such work does constitute
additional work, the Department shall s,o advise the Contractor and provide
compensation for doing this work on the same basis as the original work.
If the compensation for the additional work will cause the maximum amount
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TEXAS TRAFFIC SAFETY PROGRAM CONTRACT
payable to be exceeded, a written amendment will be executed. Any
amendment so executed must be approved within the contract period specified
in Article 1.
ARTICLE 7. CHANGES IN WORK
When the approved project description requires a completed work product,
the Department will review the work as specified in the approved project
description. If the Department finds it necessary to request changes in
previously satisfactorily completed work or parts thereof, the Contractor
will make such revisions as requested and directed by the Department. Such
work will be considered as additional work and subject to the requirements
established in Article 6.
If the Department finds it necessary to require the Contractor to revise
completed work to correct errors appearing therein, the Contractor shall
make such corrections and no compensation will be paid for the corrections.
ARTICLE 8. GENERAL TERMS AND CONDITIONS
G1. Indemnification
To the extent permitted by law, the Contractor, if other than a State
agency, shall save harmless the Department from all claims and liability
due to the acts or omissions of the Contractor, its -agents or employees.
The Contractor also agrees to save harmless the Department from any and all
expenses, including attorney fees, all court costs and awards for damages,
incurred by the Department in litigation or otherwise resisting such claims
or liabilities as a result of any activities of the Contractor, its agents
or employees.
Further, to the extent permitted by law, the Contractor, if other than a
State agency, agrees to protect, indemnify, and save harmless the
Department from and against all claims, demands and causes of action of
every kind and character brought by any employee of the Contractor against
the Department due to personal injuries and/or death to such employee
resulting from any alleged negligent act, by either commission or omission
on the part of the Contractor or the Department.
G2. Inspection of Work
The Department and, when federal funds are involved, the U. S. Department
of Transportation, and any authorized representative thereof, have the
right at all reasonable times to inspect or otherwise evaluate the work
performed or being performed hereunder and the premises in which it is
being performed.
If any inspection or evaluation is made on the premises of the Contractor
or•a s}ibcontractor, the Contractor shall provide and require his
subcontractor to provide all reasonable facilities and assistance for the
safety and convenience of the inspectors in the performance of their
duties. All inspections and evaluations shall be performed in such a
manner as will not unduly delay the work.
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TEXAS TRAFFIC SAFETY PROGRAM CONTRACT
G3. Disputes and Remedies
The Contractor shall be responsible for the settlement of all contractual
and administrative issues arising out of procurements entered in support of
contract work.
Disputes concerning performance or payment shall be submitted to the
Department for settlement with the Engineer -Director acting as referee.
This agreement shall not be considered as specifying the exclusive remedy
for any dispute or violation or breach of contract terms, but all remedies
existing at law and in equity may be availed of by either party and shall
be cumulative.
G4. Noncollusion
The Contractor warrants that it has not employed or retained any company or
person, other than a bona fide employee working for it, to solicit or
secure this contract, and that it has not paid or agreed to pay any company
or person, other than a bona fide employee, any fee, commission,
percentage, brokerage fee, gift, or any other consideration contingent upon
or resulting from the award or making of this contract. If the Contractor
breaches or violates this warranty, the Department shall have the right to
annul this contract without liability or, in its discretion, to deduct from
the contract price or consideration, or otherwise recover the full amount
of such fee, commission, brokerage fee, gift, or contingent fee.
G5. Reporting
Not later than thirty days after the end of each quarter, the Contractor
shall submit a performance report using forms provided or approved by the
Department. The performance report will include as a minimum (1) a
comparison of actual accomplishments to the objectives established for the
period, (2) reasons why established objectives were not met, if
appropriate, and (3) other pertinent information including, when
appropriate, analysis and explanation of cost overruns or high unit costs.
The Contractor shall submit the final quarterly report within 30 days after
completion of the contract.
The Contractor shall promptly advise the Department in writing of events
which have a significant impact upon the contract, including:
1. Problems, delays, or adverse conditions which will materially affect
the ability to attain program objectives, prevent the meeting of time
schedules and objectives, or preclude the attainment of project work units
by established time periods. This disclosure shall be accompanied by a
statement of the action taken, or contemplated, and any Department or
Federal assistance needed to resolve the situation.
2. Fav_orable developments or events that enable meeting time schedules and
objectives sooner than anticipated or producing more work units than
originally projected.
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TEXAS TRAFFIC SAFETY PROGRAM CONTRACT
G6. Records
The Contractor agrees to maintain all books, documents, papers, accounting
records, and other evidence pertaining to costs incurred and work performed
hereunder and shall make such materials available at its office during the
contract period and for three years from the date of the final performance
report under the contract. Such materials shall be made available during
the specified period for inspection by the Department, the U.S. Department
of Transportation and the Office of the Inspector General, if the contract
is federally funded, and any of their authorized representatives for the
purpose of making audits, examinations, excerpts, and transcriptions.
G7. Audit
The Contractor shall comply with the requirements of the Single Audit Act
of 1984, PL 98-502, ensuring that the single audit report includes the
coverage stipulated in the following, as appropriate:
* Paragraphs 6, 8, and 9 of 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 Contractor'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 contract.
No subcontract will relieve the Contractor of its responsibility under this
contract.
G9. Termination
The Department may terminate this contract at any time before the date of
completion whenever it is determined that the Contractor has failed to
comply with the conditions of the contract. The Department shall give
written notice to the Contractor at least seven days prior to the effective
date of termination and specify the effective date of termination and the
reason for termination.
If both parties to this contract agree that the continuation of the
contract in whole or in part would not produce beneficial results
commensurate with the further expenditure of funds, the parties shall agree
upon the termination conditions, including the effective date and the
portio.; to be terminated.
Upon termination of this contract, whether for cause or at the
convenience of the parties hereto, all, finished or unfinished documents,
data, studies, surveys, reports, maps, drawings, models, photographs, etc.
prepared by the Contractor shall, at the option of the Department, become
the property of the Department.
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TEXAS TRAFFIC SAFETY PROGRAM CONTRACT
The Department shall compensate the Contractor for those eligible
expenses incurred during the contract period which are directly attrib-
utable to the completed portion of the work covered by this contract,
provided that the work has been completed in a manner satisfactory and
acceptable to the Department. The Contractor shall not incur new
obligations for the terminated portion after the effective date of
termination.
Except with respect to defaults of subcontractors, the Contractor shall not
be in default by reason of any failure in performance of this contract in
accordance with its terms (including any failure by the Contractor to
progress in the performance of the work) if such failure arises out of
causes beyond the control and without the default or negligence of the
Contractor. Such causes may include but are not limited to acts of God or
of the public enemy, acts of the Government in either its sovereign or
contractual capacity, fires, floods, epidemics, quarantine restrictions,
strikes, freight embargoes, and unusually severe weather. In every case,
however, the failure to perform must be beyond the control and without the
fault or negligence of the Contractor.
GlO. Gratuities
State Highway and Public Transportation Commission policy mandates that
employees of -the Department shall not accept any benefits, gifts or favors
from any person doing business with or who reasonably speaking may do
business with the Department under this contract. The only exceptions
allowed are ordinary business lunches and items that have received the
advanced written approval of the Department's Engineer -Director.
Any person doing business with or who reasonably speaking may do business
with the Department under this contract may not make any offer of benefits,
gifts or favors to Department employees, except as mentioned hereabove.
Failure on the part of the Contractor to adhere to this policy may result
in termination of this contract.
G11. Compliance With Laws
The Contractor shall comply with all Federal, State and local laws,
statutes, ordinances, rules and regulations, and the orders and decrees of
any courts or administrative bodies or tribunals in any matter affecting
the performance of this contract, including, without limitation, workers'
compensation laws, min. -mum and maximum salary and wage statutes and
regulations, and licensing laws and regulations. When required, the
Contractor shall furnish the Department with satisfactory proof of its
compliance therewith.
G12. Successors and Assigns
The Department and the Contractor each binds itself, its successors,
executors, assigns and administrators to the other party to this agreement
and to the successors, executors, assigns and administrators of such other
party in respect to all covenants of this agreement. Neither the
Department nor the Contractor shall assign, sublet, or transfer its
interest in this agreement without written consent of the other.
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TEXAS TRAFFIC SAFETY PROGRAM CONTRACT
G13. Ownership of Documents
Upon completion or termination of this contract, all documents prepared by
the Contractor or furnished to the Contractor by the Department shall be
delivered to and become the property of the Department. All sketches,
photographs, calculations, and other data prepared under this contract
shall be made available, upon request, to the Department without
restriction or limitation of their further use.
G14. Resources
The Contractor warrants that it presently has adequate qualified personnel
in its employment for performance of services required under this contract,
or will be able to obtain such personnel from sources other than the
Department.
Unless otherwise specified, the Contractor shall furnish all equipment,
materials, and supplies required to perform the work authorized herein.
All employees of the Contractor shall have such knowledge and experience as
will enable them to perform the duties assigned to them. Any employee of
the Contractor who, in the opinion of the Department, is incompetent, or
whose conduct becomes detrimental to the work, shall immediately be removed
from association with the project.
G15. Property Management
The Contractor 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 Contractor shall maintain procurement standards which meet or exceed
the requirements, as appropriate, of:
* 49 CFR 18, "Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments," or,
* OMB Circular A-110, "Uniform Requirements for Grants to
Universities, Hospitals, and Other Nonprofit Organizations.
s
G17. Insurance
When directed by the Department, the Contractor, if other than a State
agency, shall provide or shall require its subcontractors to secure a
policy of insurance in the maximum statutory limits for tort liability,
naming the Department as an additional insured under its terms. When so
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TEXAS TRAFFIC SAFETY PROGRAM CONTRACT
directed, the Contractor shall provide or shall require its subcontractor
to furnish proof of insurance on forms satisfactory to the Department, and
shall maintain the insurance during the contract period established in
Article 1.
G18. Equal Employment Opportunity
The Contractor agrees to comply with Executive Order 11246 entitled "Equal
Employment Opportunity" as amended by Executive Order 11375 and as
supplemented in Department of Labor Regulations (41 CFR 60).
G19. Nondiscrimination
During the performance of this contract, the Contractor, its assigns and
successors in interest, agrees as follows:
1. Compliance with Reculations: The Contractor shall comply with the
regulations relative to nondiscrimination in federally assisted programs of
the U.S. Department of Transportation, Title 49, Code of Federal
Regulations, Part 21 and Title 23 , Code of Federal Regulations, Part
710.405(b), as they may be amended from time to time (hereinafter referred
to as the Regulations), which are herein incorporated by reference and made
a part of this contract.
2. Nondiscrimination: The Contractor, with regard to the'work performed
by it during the contract, shall not discriminate on the grounds of race,
color, sex, or national origin in the selection and retention of
subcontractors, including procurements of materials and leases of
equipment. The Contractor shall not participate either directly or
indirectly in the discrimination prohibited by Section 21.5 and Part
710.405(b) of the Regulations, including.employment practices when the
contract covers a program set forth in Appendix B of the Regulations.
3. Solicitations for Subcontracts. Including Procurements_ of Materials and
Ecruipment: In all solicitations either by competitive bidding or
negotiation made by the Contractor for work to be performed under a
subcontract, including procurements of materials or leases of equipment,
each potential subcontractor or supplier shall be notified by the
Contractor of the Contractor's obligations under this contract and the
Regulations relative to nondiscrimination on the grounds of race, color,
sex, or national origin.
4. Information and Reports: The Contractor shall provide all information
and reports required by the Regulations, or directives issued pursuant
thereto, and shall permit access to its books, records, accounts, other
sources of information and its facilities as may be determined by the
Department or the U.S. Department of Transportation to be pertinent to
ascertain compliance with such Regulations or directives. Where any
information required of the Contractor is in the exclusive possession of
anothextwho fails or refuses to furnish this information, the Contractor
shall so certify to the Department or the U.S. Department of Transportation
as appropriate, and shall set forth what efforts it has made to obtain the
information.
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TEXAS TRAFFIC SAFETY PROGRAM CONTRACT
5. Sanctions for Noncompliance: In the event of the Contractor's
noncompliance with the nondiscrimination provisions of this contract, the
Department shall impose such contract sanctions as it or the U.S. Depart-
ment of Transportation may determine to be appropriate, including but not
limited to:
o withholding of payments to the Contractor under the contract until
the Contractor complies, and/or
o cancellation, termination, or suspension of the contract in whole
or in part
6. Incorporation of Provisions: The Contractor shall include the
provisions of paragraphs 1 through 6 in every subcontract, including
procurements of materials and leases of equipment, unless exempt by the
Regulations or directives issued pursuant thereto. The Contractor shall
take such action with respect to any subcontract or procurement as the
Department may direct as a means of enforcing such provisions including
sanctions for noncompliance; provided, however, that in the event a
Contractor becomes involved in, or is threatened with litigation with a
subcontractor or supplier as a result of such direction, the Contractor
request the Department to enter into such litigation to protect the
interests of the Department; in addition, the Contractor may request the
United States to enter into such litigation to protect the interests of
United States.
G20. Minority Business Enterprise
may
the
It is the policy of the U.S. Department of Transportation that Minority
Business Enterprises as defined in 49 CFR 23, Subpart A, shall have the
maximum opportunity to participate in the performance of contracts financed
in whole or in part with Federal funds. Consequently the Minority Business
Enterprise requirements of 49 CFR 23, exclusive of Subpart D, apply to this
contract as follows.
o The Contractor agrees to insure that Minority Business Enterprises
as defined in 49 CFR 23, Subpart A, have the maximum opportunity in the
performance of contracts and subcontracts financed in whole or in part with
Federal funds. In this regard, the Contractor shall take all necessary and
reasonable steps in accordance with 49 CFR 23, exclusive of Subpart D, to
insure that Minority Business Enterprises have the maximum opportunity to
compete for and perform contracts.
o The Contractor and any subcontractor shall not discriminate on the
basis of race, color, national origin, or sex in the award and performance
of contracts funded in whole or in part with Federal funds.
These requirements shall be physically included in any subcontract.
a
Failure to carry out the requirements set forth above shall constitute a
breach of contract and, after the notification of the Department, may
result in termination of the contract.by the Department or other such
remedy as the Department deems appropriate.
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TEXAS TRAFFIC SAFETY PROGRAM CONTRACT
G21. Debarment/Suspension
The Contractor is prohibited from making any award or permitting any award
at any tier to any party which is debarred or suspended or otherwise
excluded from or ineligible for participation in federal assistance
programs under Executive Order 12549, Debarment and Suspension. The
Contractor shall require any party to a subcontract or purchase order
awarded under this contract to certify its eligibility.to receive federal
grant funds, and, when requested by the Department, to furnish a copy of
the certification.
G22. Signatory Warranty
The undersigned signatory for the Contractor hereby represents and warrants
that she/he is an officer of the organization for which she/he has executed
this contract and that she/he has full and complete authority to enter into
this contract on behalf of the firm.
G23. Assurances and Certification
The Contractor attests that the assurances
contract and the certification included in
are accurate and current.
a
included in Attachment C of this
Attachment D of this contract',,—,',,
1
` 1
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TEXAS TRAFFIC SAFETY PROGRAM CONTRACT
IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED DUPLICATE COUNTERPARTS TO
EFFECTUATE THIS AGREEMENT.
THE CONTRACTOR
City Of Lubbock
[Legal Name of Contractor]
By_ ' (�- 21�& C
[Signature]
B.C. McMINN, MAYOR
[Name and Title]
Date June 1, 1991
ATTEST:
[Signature]
"Ranette Boyd, City Secretary
,�Name and Title]
Under authority of Ordinance
or Resolution Number (For
Local Governments)
Resolution 3644
Mailing Addresses
THf3 STATE OF TEXAS
Certified as being executed
for the purpose and effect
of activating and/or carrying
out the orders, established
policies, or work programs
heretofore approved and
authorized by the State High-
way and Public Transportation
Commission under the authority
of Minute Order 82513.
By
Traffic Operations Engineer
Date
For the purpose of this agreement, the following addresses shall be used to
mail all required notices, reports, claims, and correspondence:
For the Contractor:
City Of Lubbock
P.O. Box 2000
Lubbock, Tic 79457
s
For the Department:
7/90 Page 12 of 12
Resolution No. 3644
June 13, 1991
Item #27
APPROVED PROJECT DESCRIPTION ATTACHMENT A
OCCUPANT PROTECTION
SELECTIVE TRAFFIC ENFORCEMENT PROJECT (STEP)
I. AUTHORIZATION•
This contract implements Task B of 91-04-02 of the FY91
Highway Safety Plan.
II. PROBLEM STATEMENT:
The State of Texas has had a Mandatory Use Law (MUL) for
safety belts for the past 4 years. Since that time, Texas
has seen safety belt use rise to among the highest levels in
the country. As of June 1990, usage in 18 Texas urban
cities was approximately 67.6 percent, a 1.1 percent
increase that was recorded following implementation of the
belt law.
According to the Texas Transportation Institute, Texas A & M
University, statewide correct child passenger restraint use
was recorded in March 1990 at 48.1 percent. The child
passenger restraint law was implemented in 1984 for infants
and children from 0-4 years of age to protect them while
riding in a car or light truck. Statewide -correct usage for
this age group in 1989 was 45.5%.
The Statewide goal for fiscal year 1991 is 70% safety belt
use by drivers, front seat passengers, and children ages 0-
4.
The contractor has a safety belt use rate of 72 %, and has
a correct child passenger restraint rate of 50.6 %.
III. OBJECTIVE•
To increase safety belt use among drivers and front seat
passengers by 5 % and child safety seat use by 10 % by
the end of the contract period.
Nothing in this agreement shall be interpreted as a
requirement, formal or informal, that a police office issue
a specified or predetermined number of citations in
pursuance of the Contractor's obligations hereunder.
IV. RESPONSIBILITIES OF THE CONTRACTOR:
A. Carry out the objective according to the Action Plan
starting on page 4 of this attachment.
Page 1 of 6
B. Submit all newly developed public information and
education material for written approval from the
Department prior to final production. Reproduction of
National Highway Traffic Safety Administration or other
governmental endorsed material is permissible without
Department approval.
C. An Administrative Evaluation summarizing all activities
and accomplishments will be submitted on Department
approved forms, no later than 45 days after the
contract ending date.
D. Attend meetings according to the following:
1. The Contractor will arrange for meetings with the
Department no less than quarterly to present
status of activities, discuss problems and present
a schedule for the following quarter's work.
2. The project coordinator or other qualified person
will be available to represent the Contractor at
meetings requested by the Department.
E. For out of state travel expenses to be reimbursable,
the Contractor must have obtained the approval of the
Department prior to the beginning of the trip. A copy
of the documentation of that approval must accompany
the Request for Reimbursement. Contract approval does
not satisfy this requirement.
F. Maintain verification that wages or salaries for which
reimbursement is requested is for work exclusively
related to this project.
G. In addition to STEP enforcement activities, maintain
non -STEP traffic enforcement arrests jurisdiction -wide
at not less than the level attained prior to contract
approval.
H. Ensure that 95% of the hours planned for each month are
actually worked that month, and that 90% of the
enforcement hours for which reimbursement is claimed
are spent at STEP sites as specified in the operational
plan in this attachment.
I. Contractor must ensure that each officer working on
the STEP project will complete an officers daily report
form that is approved by the Department.
J. Contractor will ensure that no officer above the rank
of Lieutenant will be reimbursed for enforcement duty.
K. Support the enforcement effort with public information.
Page 2 of 6
V. RESPONSIBILITIES OF THE DEPARTMENT:
A. Monitor the Contractor's compliance with performance
obligations and fiscal requirements of this contract.
B. Provide program management and technical assistance as
appropriate.
C. Reimburse the Contractor for all eligible costs as
defined in Attachment B, Approved Project Budget.
Requests for Reimbursement will be processed up to the
maximum amount payable when submitted in the manner and
within the time frames, as specified in Article 3.
D. Perform an administrative evaluation of the project at
the close of the contract period to include a review of
adherence to budget, Action Plan and attainment of
objectives.
VI. PERFORMANCE INDICATORS:
The following performance indicators, when applicable, shall
be included in each Performance Report and summarized in the
Administrative Evaluation.
A. Total number of safety belt citations issued by STEP OP.
B. Total number of safety belt citations issued by Police
Department excluding STEP figures.
C. Number of child restraint citations issued by STEP OP.
D. Number of child restraint citations issued by Police
Department excluding STEP figures.
E. Percent change in observed safety belt usage
(Administrative evaluation only).
F. Number of brochures, posters, and bumper stickers
distributed.
G. Number of special events, news releases, public
presentations, fairs or that promote occupant
protection.
H. Number of officers receiving training in conducting
occupant protection courses for citizens; and/or
* Number of citizens attending occupant protection
s courses in lieu of traffic fines.
* Number of occupant protection course sessions offered.
Page 3 of 6
ACTION PLAN
OBJECTIVE: N/A KEY: p = planned activity
c = completed activity
TASK: To fulfill administrative responsibilities. r = revised
ACTIVITY
RESPONSIBLE
PROJECT MONTH
OC NO DE JA FE MR FqMYIJN JL AU SE OC
1. Conduct contract delivery.
Department
P
2. Submit monthly claims for
reimbursement.
Project Coord.
P
P
P
P
P
P
P
P
P
P
p
3. Submit quarterly financial
Status Reports.
Project Coord.
P
P
p
p
4. Submit quarterly performance
reports.
Project Coord.
P
P
p
p
5. Conduct on -site monitoring
visit.
Department
P
p
p
6. Submit Administrative Evalu-
ation report for FY91.
Project Coord.
p
Page 4 of 6
ACTION PLAN
OBJECTIVE: To increase safety belt use among drivers and
front seat passengers by 5 % and child safety seat use
by 10 % by the end of the contract period.
TASK: Increase the number of citations for restraint law
violations by 15 % when compared to the previous 24 months
baseline data by the end of the contract period.
KEY: p = planned
C = completed
r = revised
ACTIVITY
RESPONSIBLE
PROJECT MONTH
OC NO DE JA FE MR AP MY JN JL AU SE OC
1. Identify STEP shifts & sites.
Contractor
P
2. Assign patrol units to STEP
Contractor
P
P
P
P
sites.
3. Collect citation data.
Contractor
P
P
P
P
r,
Page 5 of 6
ACTION PLAN
OBJECTIVE: To increase safety belt use among drivers and
front seat passengers by 5 % and child safety seat use
by 10 % by the end of the contract period.
TASK: Conduct a public information and education program
to support the project.
KEY: p = planned activity
C = completed
r = revised
ACTIVITY
RESPONSIBLE
PROJECT MONTH
OC NO DE JA FE MR AP MY JN JL AU SE OC
1. Coordinate & distribute safety
Project Dir.
P
P
P
P
belt/safety seat materials.
/STEP Officers
2. Present safety belt/safety
STEP Officers
P
P
P
P
seat public presentations.
3. Develop & submit press
Contractor
P
P
releases.
4. Conduct an average of
Contractor
P
P
P
P
classes per month for violators
who received citations for non-
compliance with the occupant
restraint law(s).
5. Report & maintain attendance
Contractor
P
P
P
P
records.
04'
Page 6 of 6
Attachment B
City of Lubbock
SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP)
OCCUPANT PROTECTION
ENFORCEMENT ACTIVITIES:
I. LABOR COSTS:
100 A. Enforcement (OVERTIME)
1. Traffic Officers: 385 hours @ 20.13 per hour = $ 7,750.05
2. Sergeants: 385 hours @ 21.97 per hour = $ 8,458.45
3. Lieutenants: hours @ per hour = $
100 B. Staff and Supervisory Support
1. Project Director 58 hours @ 24.00 per hour = $ 1,392.00
2. Clerk/typist 21 hours @ 9.09. per hour = $ 190.89
3. Data Entry clerk hours @ per hour = $
300 C. Travel and Per Diem (State Rates)
1. Travel for contractor personnel to attend meetings
called by the Department $ -0-
II. OTHER DIRECT COSTS:
700 A. Mileage (actual cost
not to exceed state
rate) 9,200 miles @ .24 per mile = $ 2,208.00
700 B. Public Information and Education Materials (not
to exceed 5% of contract amount; see IV.B, Attach-
ment A) $
s
TOTAL CONTRACT COST = $19, 999.39
FEDERAL 402 FUNDS (100%) = $19,999.39
LOCAL FUNDS ( % I _ $ -0-
page 1 of 1
ATTACEMIENT C
STANDARD ASSURANCES
The Contractor hereby assures and certifies that it will comply with the
regulations, policies, guidelines, and requirements, including 49 CFR 18
and OMB Circular A-87, or OMB Circulars A-110 and A-21, or OMB Circulars
A-110 and A-122, as they relate to the application, acceptance, and use of
federal or state funds for this project. Also, the Contractor assures and
certifies to the grant that:
1. It possesses legal authority to apply for the grant; that a
resolution, motion, or similar action has been duly adopted or passed
as an official act of the applicant's governing body, authorizing the
filing of the application, including all understandings and assurances
contained therein, and directing and authorizing the person identified
as the official representative of the applicant to act in connection
with the application and to provide such additional information as may
be required.
2. It will comply with Title VI of the Civil Rights Act of 1964 (PL 88-
352) and in accordance with Title VI of that Act, no person in the
United States shall, on the grounds of race, color, or national origin
be excluded from participation in, be denied benefits of, or be
otherwise subjected to discrimination under any program or activity
for which the applicant receives federal financial assistance and will
immediately take any measures necessary to effectuate this agreement.
3. It will comply with Title VI of the Civil Rights Act of 1964 (42 USC
2000d) prohibiting employment discrimination where (1) the primary
purpose of a grant is to provide employment or (2) discriminatory
employment practices will result in unequal treatment of persons who
are or should be benefiting from the grant -sided activity.
4. It will comply with requirements of the provisions of the Uniform
Relocation Assistance and Real Property Acquisitions Act of 1970 (PL
91-646) which provides for fair and equitable treatment of persons
displaced as a result of federal and federally assisted programs.
5. It will comply with the provisions of the Hatch Act which limit the
political activity of employees.
6. It will comply with the minimum wage and maximum hours provisions of
the Federal Fair Labor Standards Act, as they apply to hospital and
educational institution employees of State and local governments.
7. It will establish safeguards to prohibit employees from using their
positions for a purpose that is or gives the appearance of being
motivated by a desire for private gain for themselves or others,
particularly those with whom they have family, business, or other
ties.
B. It will give the sponsoring agency the access to and the right to
examine all records, books, papers, or documents related to the grant.
9. It will comply with all- requirements imposed by the sponsoring agency
concerning special requirements of law, program requirements, and
other administrative requirements.'
7/90
STANDARD ASSURANCES
PAGE 2
10. It will insure that the facilities under its ownership, lease, or
supervision which shall be utilized in the accomplishment of the
project are not listed on the Environmental Protection Agency's (EPA)
list of Violating Facilities and that it will notify the federal
grantor agency of the receipt of any communication from the Director
of the EPA Office of Federal Activities indicating that a facility to
be used in the project is under consideration for listing by the EPA.
11. It will comply with the flood insurance purchase requirements of
Section 102(a) of the Flood Disaster Protection Act of 1973, PL 93-
234, 87 Stat. 975, approved December 31, 1976. Section 102(a)
requires, on and after March 2, 1975, the purchase of flood insurance
in communities where such insurance is available as a condition for
the receipt of any federal financial assistance for construction or
acquisition purposes for use in any area that has been identified by
the Secretary of the Department of Housing and Urban Development as an
area having special flood hazards. The phrase "federal financial
assistance" includes any form of loan, grant, guaranty, insurance
payment, rebate, subsidy, disaster assistance loan or grant, or any
other form of direct or indirect federal assistance.
12. It will assist the grantor agency in its compliance with Section 106
of the National Historic Preservation Act of 1966 as amended (16 USC
470), Executive Order 11593, and the Archeological and Historic
Preservation Act of 1966 (26 USC 469a-1 et sea.) by (a) consulting
with the State Historic Preservation Officer to conduct the
investigation, as necessary, to identify properties fisted in or
eligible for inclusion in the National Register of Historic Places
that are subject to adverse effects (see 36 CFR 800.8) by the
activity, and notifying the federal grantor agency of the existence of
any such properties, and by (b) complying with all requirements
established by the federal grantor agency to avoid or mitigate adverse
effects upon such properties.
13. It will comply with Texas Civil Statutes, Art. 5996a, by insuring that
no officer, employee, or member of the applicant's governing body or
of the applicant's contract shall vote or confirm the employment of
any person related within the second degree of affinity or third
degree by consanguinity to any member of the governing body or to any
other officer or employee authorized to employ or supervise such
person. This prohibition shall not prohibit the employment of a
person who shall have been continuously employed for a period of two
years prior to the election or appointment of the officer, employee,
or governing body member related to such person in the prohibited
degree.
It will insure that all information collected, assembled, or
maintained by the applicant relative to this project shall be
available tc the public during normal business hours in compliance
vLith Texas Civil Statutes, Art. 6252-17a, unless otherwise expressly
provided by law.
It will comply with Texas Civil Statutes, Art. 6252-17, which requires
all regular, special, or called meetings of governmental bodies to be
open to the public, except as otherwise provided by law or
specifically permitted in the Texas Constitution.
7/90
ATTACHMENT D
Debarment Certification
(Negotiated Contracts)
(1) The CONTRACTOR certifies to the best of its knowledge and belief, that it and
its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared
ineligible or voluntarily excluded from covered transactions by any federal
department or agency;
(b) Have not within a three-year period preceding this proposal been convicted
of or had a civil judgment rendered against them for commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, or per-
forming a public* transaction or contract under a public transaction; violation
of federal or state antitrust statutes or commission of embezzlement, theft, for-
gery, bribery, falsification or destruction of records, making false statements,
or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by
a governmental entity* with commission of any of the offenses enumerated in
paragraph (1)(b) of this certification; and
(d) Have not within a three-year period preceding this application/proposal
had one or more public transactions* terminated for cause or default.
(2) Where the CONTRACTOR is unable to certify to any of the statements in
this certification, such CONTRACTOR shall attach an explanation to this
certification.
*federal, state or local
Signature of Certifying Official
itle
Form 1734-A
4-89
Resolution No. 3644
!June 13, 1991
(Item #27 page 1 of 8
ATTACHMENT 2
i
GRANT PROPOSAL EVALUATION FORM
COVER SHEET
c
GRANT NAME: Occupant Protection Selective Traffic Enforcement Project
GRANT AGENCY: Texas State Department of Highway and Public Transportation
GRANT FISCAL PERIOD: June 1, 1991 thru August 31, 1991
MONTH/DATE/YEAR TO MONTH/DATE/YEAR
CITY DEPARTMENT/INDIVIDUAL
PREPARING GRANT: Ronnie Sowell
(Whom to contact in case of questions)
APPROVALS:
DEPARTMENT HEAD
DIVISION '17DIRECTOR
ASSISTANT CITY MANAGER ORJCHIEF OF POLICE
DEPUTY CITY MANAGER
Upon completion of approvals, return to:
e�"—z—L
DATE
O 6 0-7 - %/
DATE
DATE
E- y- 9(
DATE
DATE
CRAIG ARLEDGE, LIEUTENANT / TRAFFIC SECTION by
INDIVIDUAL CITY DEPARTMENT OR SECTION DEADLINE DATE
(IF APPLICABLE)
.A25-1
i
Page 2 of 8
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
A. Is this the fulfillment of an identifiable community (Lubbock) goal? If
so, list the source of the identified goal.
Yes, 70% overall compliance as projected by the seatbelt coalition
11
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%. During the first six months of 1991, three
young children have lost their lives as a result of not being restrained.
Thru 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
i
t Page 3 of 8
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.
St
A25-3
Page 4 of 8
5. Are other agencies administering similar programs? If so, list the other
agencies. If not, why not?
Most 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:
No.
7. Does the grant require a local match? If so, in what amount? Is the match
in the form of cash or an in -kind contribution?
This is 100% funded. The city would only be responsible for benefits.
t
.A25-4
Page 5 of 8
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.).
3
Enforcement Personnel: Salary for participating officers.
Project Director and Clerk Typist: Salary for grant administration and
quarterly preparation.
Mileage: Reimbursement for mil -es driven by enforcement personnel at the
rate of .24� 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.
PM
B. If the grant is for an operating program or programs, is it a one-time
grant which will result in ongoing City expenses, if the program is to
be continued in the future?
The grant is for three months (June, July, August) with the possibility
of renewal for fiscal year 1991-1992.
A25-5
I
Page 6 of 8
C. Does the grant require continuation of the program, at City expense,
after grant funding has expired? If so, how long will the City be
obligated to expend local funds, and in what -areas? Be specific.
No.
9. Is the grant a one-time grant, a one-time grant with an option to renew the
grant, or an on -going grant? If the grant is ongoing, how many years has the
grant been provided to the City, and what year does the upcoming period
represent (2nd year, 5th year, etc.). If the grant has an option to renew,
how often can it be renewed, and what are the terms of renewal? Please
explain.
One time grant with the possibility of renewal.
10. Are indirect costs reimbursed by the grant?
There are none.
s
.A25-6
1
• i
• i
11. Are grant audit costs reimbursed by the grant?
i
No.
Page 7 of 8
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 an eight hour, seven days a week format.
Coverage will be four hours during the morning and four hours during the
evening to monitor the peak traffic periods. Off duty officials 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.
9
.A25-7
! , Page 8 of 8
r
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
06-01 to08-31 ):
19
91
19
19
19 19
Revenues
Federal Grant $20,000
State Grant
Local Match -0-
Other
Total Revenues $20,000
FOR GRANT
FISCAL YEAR
(From
o6-01 to08-31 ):
19911
19, J
19_
19_ 19_
Expenditures
Personnel $17,791.39
Supplies
Maintenance
Other Charges $2,208.00 (mileage)
Capital Outlay
Capital Project —
Total Expenditures $19,999.39 (Budgeted)
A25-8