HomeMy WebLinkAboutResolution - 3698 - Contract - TDHPT - TRASER Program - 08_22_1991Resolution No. 3698-3700
August 22, 1991
Item #25
DGV:da
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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 three (3)
Texas Traffic Safety Program Contracts (DWI STEP Program, Speed Limit STEP
Program, and TRASER Program), and all associated documents, with the State
Department of Highways and Public Transportation, 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 22nd day of August , 1991.
T. J. Patterson, Mayo
for B. C. cMINN, MAYOR Prolem
ATTEST:
netttte Soya, u,ty �>ecrevary
APPROVED AS TO CONTENT:
Donald Bridgers, Chief af Police
APPROVED AS TO FORM:
7
Donald G. Vandiver, F-rrst Xssistan
City Attorney
Resolution No.
August 22, 1991
Ito-m ��25
ATTACHMENT 2 r
i
GRANT PROPOSAL EVALUATION FORM
COVER SHEET
GRANT NAME: Driver Behavior Selective Enforcement - TRASER
GRANT AGENCY: State Department of Highways E Public Transportation
GRANT FISCAL PERIOD• October 1, 1991 1 September 30, 1992
MONTH/DATE/YEAR TO MONTH/DATE/YEAR
CITY DEPARTMENT/INDIVIDUAL Bill Ackors
PREPARING GRANT:
(Whom to contact in case of questions)
APPROVALS:
DEPARTMENT HEAD DATE
DIVISION DIRECTOR
vI JRl /ZQVf / /._i.C�-�
ASSISTANT CITY MANAGER
BUDGET & RESEARCH DIRECTOR
DEPUTY CITY MANAGER
CHIEF OF POLICE
Upon completion of approvals, return to:
DATE
E-^/
DATE
-N
DATE
8/22/91
DATE
Page 1 of f
Lieutenant Craig Arledge / Police Dept. by
INDIVIDUAL CITY DEPARTMENT OR SECTION DEADLINE DATE
(IF APPLICABLE)
6A25-1
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.
I-.- State, as clearly as possible, the goals and objectives of the proposed
project for which a grant is being sought.
To reduce accidents at selected sites.
Identify high accident locations and distribute information to street
officers on a monthly basis.
Assign officers to high accident locations on a weekly basis.
A. Is this the fulfillment of an identifiable community (Lubbock) goal? If
so, list the source of the identified goal.
Yes. City of Lubbock Council Goals, Priority Goals for the
year
Police Department Goal and Objective 91/92 Budget.
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:
In 1990, there were 16 people killed in vehicle accidents and
injured on Lubbock streets. Several locations were identified as
having an excessive amount of accidents and injuries. This
information, coupled with the time frame of the accidents was made
available to the Patrol and Traffic shifts so additional manpower
hours could be assigned to these locations.
A25-2
Page 3 of 8
.J%
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 high accident sites identified.
% of state accident reports entered.into TRASER.
Number'of citations -entered into TRASER program.
3. Will this program benefit the Lubbock.community as a whole? If not, please
provide a detailed profile of the individuals or groups that will benefit
from the program.
Yes.
4. Are other agencies (other than the City of Lubbock) available to administer
this program? If so, list the agencies:
No.
'A25-3
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5. Are other agencies administering similar programs? If so, list the other
agencies. If not, why not?
Several agencies throughout the state are using this program ,
including'D.P.S.
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.
0
T. Does the grant require a local matcfi? If so, in what amount? Is the match
in the form of cash or an in -kind contribution?
This grant is 100% funded for salaries and required meetings. It does
not include fringe benefits that the City pays.
.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.).
Operating program.' 'Funds used for personn6l-salaries: •1 Data Entry
Clerk, full time; and 1 Sergeant for overtime to administer the
program.
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.
N/A
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 program is a one year contract with options to re -apply each
year. It will remain as 100% funded for salaries and required
State meetings.
A25-5
Page 6 of E
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.
13117
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 year grant with option to re -apply each year. Availability of
federal funds in each Fiscal year determines whether the State -can
offer the program or not. This is in all probability the last year of
funding for this grant.
10. Are indirect costs reimbursed by the grant?
No.
.A25-6
l Page 7 of f
11. Are grant audit costs reimbursed by the grant?
i
No.
12. What is the immediate (twelve-month) impact of the grant program on City
employee allocation and utilization? How will this affect their work hours,
productivity, etc. on City programs and activities?
No impact. Data Entry Clerk works regular hours and the Sergeant is
paid overtime for off -duty hours to administer the program.
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?
No manpower impact.
See number 14 for financial impact.
�A25-7
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1
14. Provide, in as much detail as possible, a 5-year Revenue and Expenditure
Projection for the grant related program beginning with the current year or
the first year this grant will be in effect. Show any on -going costs to the
City, even if the grant is only for one year. If the grant is renewable or
ongoing, show the estimated revenues and expenditures for future years that'
you intend to renew/continue the grant (up to five years).
Be sure to fully explain the source and type of revenues (in -kind
contribution, reimbursement of expenses, etc.) and fully explain the specific
types of expenditures (payroll for 1/2 time clerk, purchase desk, capital
- project construction, etc.). Attach additional sheets if necessary.
FOR GRANT
FISCAL
YEAR (From
10-01 to 09-30 ):
199,
19
19
19 19
Revenues
Federal Grant $20,564 Funding not expected past
fiscal 91/92
State Grant
Local Match
Other
Total Revenues $20,564
FOR GRANT FISCAL YEAR (From 10-01to 09-30):
19911 19_ _ 19_ 19_
Expenditures
Personnel $18,764
Supplies
Maintenance
Other Charges $1,800
Capital Outlay
Capital Project
Total Expenditures $20,564
`(Reimbur$ement for required State meeting)
19_
A25-8
AesoiuLion ivo.
August 22, 1991
Item #25
Contract No.
Charge No.
VID No. 17560005906000
TEXAS 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 the Contractor. For the
purpose of this contract, the Contractor is designated as a(n) Local Government
WITNESSETH
Article 6701j-1, Texas Civil Statutes, declares that 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) TRASER
. NOW, THEREFORE, in consideration of the premises -
and of the mutual covenants and agreements of the parties hereto, the Department and the
Contractor do mutually agree as follows.
AGREEMENT
ARTICLE 1. CONTRACT PERIOD
This contract becomes effective on October 1, 1991 or when fully executed by all
parties hereto, whichever occurs later, and shall terminate on September 30. 1992 ,
unless termination occurs as provided for hereinafter.
6/91 Page I of 13
TEXAS TRAFFIC SAFETY PROGRAM CONTRACT
ARTICLE 2. RESPONSIBILITIES OF THE PARTIES
The Contractor shall undertake and complete the project as described in Attachment A,
Approved Project Description, and in accordance with all terms and conditions included
hereinafter. The Department shall provide assistance as appropriate and as specified in said
Attachment A.
ARTICLE 3. COMPENSATION
A. The maximum amount payable under this contract shall not exceed the amount of
$ 20.564 unless modified in writing through an amendment pursuant to
Article 5.
B. The method of payment for this contract will be based on actual costs incurred up to and
not to exceed the limits specified in Attachment B, Approved Project Budget, unless other
methods of payment are specified as follows:
1. If Attachment B, Approved Project Budget, specifies that actual costs will be
reimbursed, the amount included in the project budget will be deemed to be an
estimate only and a higher amount can be reimbursed, subject to the conditions
specified in paragraph C hereunder.
2. If Attachment B, Approved Project Budget, specifies that costs are based on a
specific rate, per -unit cost, or other method of payment, reimbursement will be
based on the specified method.
C. All payments made hereunder will be made in accordance with Attachment B, Approved
Project Budget. The Contractor's expenditures may not exceed any budget category in the
Approved Project Budget by an amount greater than 5% of the total budget without a
written contract amendment. The maximum amount payable shall not be increased as a
result of exceeding a budget category without a written contract amendment.
D. To be eligible for 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.
6/91 Page 2 of 13 or
TEXAS TRAFFIC SAFETY PROGRAM CONTRACT
F. The Contractor agrees to submit monthly or quarterly requests for reimbursement, as
designated in Attachment A, within 30 days after the end of the billing period. The
Contractor will use billing statements acceptable to the Department. The original billing
statement and one copy is to be submitted to the address shown on the last page of this
contract.
G. The Contractor agrees to submit the final request for payment under this contract within
sixty (60) days of the end of the contract period.
H. The Department will exercise all good faith to make payments within thirty days of receipt
of properly prepared and documented requests for payment. All payments, however, are
contingent upon the availability of appropriated funds.
I. Project agreements supported with federal funds are limited to the length of the contract
period and usually do not receive extended funding beyond three years. If both the
Department and the Contractor agree that the project has demonstrated merit or has
potential long-range benefits, the Contractor may apply for funding assistance beyond the
three year limit. To be eligible, the Contractor should have a cost assumption plan by the
end of the first twelve months and must have a plan by the end of the thirty-sixth month
of operation of the project. This plan will include a schedule for phasing in funding from
its own resources and the phasing out of funding support from the Department. All plans
must be approved by the Department before any extension beyond the three year limit will
be granted. Preference will be given to those projects for which the Contractor has
assumed some cost sharing by the end of the first twelve months, and to those which
propose to assume the largest percentage of subsequent project costs.
Certain categories of funds may be exempted by the federal government from the time
limit requirement. Unless exempted, all federally -funded agreements are considered to be
subject to the time limit provision.
Funding support for all state -funded projects will be limited to the term of the contract.
Any extension beyond that time will be negotiated on a case -by -case basis.
ARTICLE 4. LIMITATION OF LIABILITY
Because funds are authorized on a fiscal year basis only, payment of costs incurred hereunder
is contingent upon the availability of funds.
If at any time during the contract period the Department determines that there is insufficient
funding to continue the project, the Department shall so notify the Contractor, giving notice of
intent to terminate the contract. Such termination will be conducted in such a manner that
will minimize disruption to the Contractor and the Department, and as further specified in
General Provision G9, Termination.
6/91 Page 3 of 13
TEXAS TRAFFIC SAFETY PROGRAM CONTRACT
The Contractor, if other than a State agency, shall be responsible for settlement of any and all
claims and lawsuits by third parties arising from or incident to the Department's non-payment
of the Contractor's claim under this contract. The Contractor expressly acknowledges that its
responsibility includes the payment of all damages, expenses, penalties, fines, costs, charges,
and attorney fees, if the claims or lawsuits are based upon the Department's non-payment of
claims submitted under this contract. The Contractor shall defend any suits brought upon all
such claims and lawsuits and pay all costs and expenses incidental thereto, but the Department
shall have the right at its option to participate in the defense of any suit, without relieving the
Contractor of any obligation hereunder.
ARTICLE S. CONTRACT AMENDMENTS
If at any time during the contract period the Department determines that additional funds are
needed to continue the project and the maximum amount payable is insufficient, a written
amendment is to be executed to authorize additional funds, if the Department and the
Contractor determine to continue project funding.
The amendment shall be agreed upon by the parties to this contract and shall state the
change to the mutual satisfaction of the parties. In no event will the contract period be
extended unless a written amendment is executed before the completion date specified in
Article 1.
ARTICLE 6. ADDITIONAL WORK
If the Contractor is of the opinion that any work it has been directed to perform is beyond
the scope of this contract and constitutes additional work, the Contractor shall promptly notify
the Department in writing. In the event that the Department finds that such work does
constitute additional work, the Department shall so advise the Contractor and provide
compensation for doing this work on the same basis as the original work. If the compensation
for the additional work will cause the maximum amount payable to be exceeded, a written
amendment will be executed. Any amendment so executed must be approved within the
contract period specified in Article 1.
ARTICLE 7. CHANGES IN WORK
When the approved project description requires a completed work product, the Department
will review the work as specified in the approved project description. If the Department finds
it necessary to request changes in previously satisfactorily completed work or parts thereof, the
Contractor will make such revisions as requested and directed by the Department. Such work
will be considered as additional work and subject to the requirements established in Article 6.
If the Department finds it necessary to require the Contractor to revise completed work to
correct errors appearing therein, the Contractor shall make such corrections and no
compensation will be paid for the corrections.
6/91 Page 4 of 13
11 TEXAS TRAFFIC SAFETY PROGRAM CONTRACT
ARTICLE 8. GENERAL TERMS AND CONDITIONS
Gl. 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 subcontractor,
the Contractor shall provide and require his subcontractor to provide all reasonable facilities
and assistance for the safety and convenience of the inspectors in the performance of their
duties. All inspections and evaluations shall be performed in such a manner as will not unduly
delay the work.
G3. Disputes and Remedies
The Contractor shall be responsible for the settlement of all contractual and administrative
issues arising out of procurements entered in 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.
6/91 Page 5 of 13
TEXAS TRAFFIC SAFETY PROGRAM CONTRACT
G4. Noncollusion
The Contractor warrants that it has not employed or retained any company or person, other
than a bona fide employee working for it, to solicit or secure this contract, and that it has not
paid or agreed to pay any company or person, other. than a bona fide employee, any fee,
commission, percentage, brokerage fee, gift, or any other consideration contingent upon or
resulting from the award or making of this contract. If the Contractor breaches or violates
this warranty, the Department shall have the right to annul this contract without liability or, in
its discretion, to deduct from the contract price or consideration, or otherwise recover the full
amount of such fee, commission, brokerage fee, gift, or contingent fee.
GS. Reporting
Not later than thirty days after the end of each quarter, the Contractor shall submit a
performance report using forms provided or approved by the Department. The performance
report will include as a minimum (1) a comparison of actual accomplishments to the objectives
established for the period, (2) reasons why established objectives were not met, if appropriate,
and (3) other pertinent information including, when appropriate, analysis and explanation of
cost overruns or high unit costs.
The Contractor shall submit the final quarterly report within 30 days after completion of the
contract.
The Contractor shall promptly advise the Department in writing of events which have a
significant impact upon the contract, including:
1. Problems, delays, or adverse conditions which will materially affect the ability to attain
program objectives, prevent the meeting of time schedules and objectives, or preclude the
attainment of project work units by established time periods. This disclosure shall be
accompanied by a statement of the action taken, or contemplated, and any Department or
Federal assistance needed to resolve the situation.
2. Favorable developments or events that enable meeting time schedules and objectives
sooner than anticipated or producing more work units than originally projected.
G6. Records
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.
6/91 Page 6 of 13
T17.XAS TRAFFIC SAFETY PROGRAM CONTRACT
G7. Audit
The Contractor shall comply with the requirements of the Single Audit Act of 1984, PL 98-
502, ensuring that the single audit report includes the coverage stipulated in the following, as
appropriate: .
Paragraphs 6, 8, and 9 of 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
.portion to be terminated.
Upon termination of this contract, whether for cause or at the convenience of the parties
hereto, all finished or unfinished documents, data, studies, surveys, reports, maps, drawings,
models, photographs, etc. prepared by the Contractor shall, at the option of the Department,
become the property of the Department.
The Department shall compensate the Contractor for those eligible expenses incurred during
the contract period which are directly attributable to the completed portion of the work
covered by this contract, provided that the work has been completed in a manner satisfactory
and acceptable to the Department. The Contractor shall not incur new obligations for the
terminated portion after the effective date of termination.
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TEXAS TRAFFIC SAFETY PROGRAM CONTRACT
Except with respect to defaults of subcontractors, the Contractor shall not be in default by
reason of any failure in performance of this contract in accordance with its terms (including
any failure by the Contractor to progress in the performance of the work) if such failure arises
out of causes beyond the control and without the default or negligence of the Contractor.
Such causes may include but are not limited to acts of God or of the public enemy,- acts of
the Government in either its sovereign or contractual capacity, fires, floods, epidemics,
quarantine restrictions, strikes, freight embargoes, and unusually severe weather. In every
case, however, the failure to perform must be beyond the control and without the fault or
negligence of the Contractor.
GIO. Gratuities
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.
GIL Compliance With Laws
The Contractor shall comply with all Federal, State and local laws, statutes, ordinances, rules
and regulations, and the orders and decrees of any courts or administrative bodies or tribunals
in any matter affecting the performance of this contract, including, without limitation, workers'
compensation laws, minimum and maximum salary and wage statutes and regulations, and
licensing laws and regulations. When required, the Contractor sliall 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.
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.
6/91 Page 8 of 13
TEXAS TR.kMC S. kFETY PROGRAM CONTRACT
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.
G1S. 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.
G17. Insurance
When directed by the Department, the Contractor, if other than a State agenty, shall provide
or shall require its subcontractors to secure a policy of insurance in the maximum statutory
limits for tort liability, naming the Department as an additional insured under its terms.
When so directed, the Contractor shall provide or shall require its subcontractor to furnish
proof of insurance on forms satisfactory to the Department, and shall maintain the insurance
during the contract period established in Article 1.
6/91 Page 9 of 13
TEXAS TRAFFIC SAFETY PROGRAM CONTRACT
G18. Equal Employment Opportunity
The Contractor agrees to comply with Executive Order 11246 entitled "Equal Employment
Opportunity" as amended by Executive Order 11375 and as supplemented in Department of
Labor Regulations (41 CFR 60).
G19. Nondiscrimination
During the performance of this contract; the Contractor, its assigns and successors in interest,
agrees as follows:
1. Compliance with Regulations: The Contractor shall comply with the regulations relative to
nondiscrimination in federally assisted programs of the U.S. Department of Transportation,
Title 49, Code of Federal Regulations, Part 21 and Title 23 , Code of Federal Regulations,
Part 710.405(b), as they may be amended from time to time (hereinafter referred to as the
Regulations), which are herein incorporated by reference and made a part of this contract.
2. Nondiscrimination: The Contractor, with regard to the work performed by it during the
contract, shall not discriminate on the grounds of race, color, sex, or national origin in the
selection and retention of subcontractors, including procurements of materials and leases of
equipment. The Contractor shall not participate either directly or indirectly in the
discrimination prohibited by Section 21.5 and Part 710.405(b) of the Regulations, including
employment practices when the contract covers a program set forth in Appendix B of the
Regulations.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In
all solicitations either by competitive bidding or negotiation made by the Contractor for work
to be performed under a subcontract, including procurements of materials or leases of
equipment, each potential subcontractor or supplier shall be notified by the Contractor of the
Contractor's obligations under this contract and the Regulations relative to nondiscrimination
on the grounds of race, color, sex, or national origin.
4. Information and Reports: The Contractor shall provide all information and reports
required by the Regulations, or directives issued pursuant thereto, and shall permit access to
its books, records, accounts, other sources of information and its facilities as may be
determined by the Department or the U.S. Department of Transportation to be pertinent to
ascertain compliance with such Regulations or directives. Where any information required of
the Contractor is in the exclusive possession of another who fails or refuses to furnish this
information, the Contractor shall so certify to the Department or the U.S. Department of
Transportation as appropriate, and shall set forth what efforts it has made to obtain the
information.
5. Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the
nondiscrimination provisions of this contract, the Department shall impose such contract
sanctions as it or the U.S. Department of Transportation may determine to be appropriate,
including but not limited to:
6/91 Page 10 of 13
TEXAS TRAFFIC SAFETY 2ROGR4M CONTRACT
o withholding of payments to the Contractor under the contract until the Contractor
complies, and/or
o cancellation, termination, or suspension of the contract in whole or in part
6. Incorporation of Provisions: The Contractor shall include the provisions of paragraphs 1
through 6 in every subcontract, including procurements of materials and leases of equipment,
unless exempt by the Regulations or directives issued pursuant thereto. The Contractor shall
take such action with respect to any subcontract or procurement as the Department may
direct as a means of enforcing such provisions including sanctions for noncompliance;
provided, however, that in the event a Contractor becomes involved in, or is threatened with
litigation with a subcontractor or supplier as a result of such direction, the Contractor may
request the Department to enter into such litigation to protect the interests of the
Department; in addition, the Contractor may request the United States to enter into such
litigation to protect the interests of the United States.
G20. Minority Business Enterprise
It is the policy of the U.S. Department of Transportation that Minority Business Enterprises
as defined in 49 CFR 23, Subpart A, shall have the maximum opportunity to participate in the
performance of contracts financed in whole or in part with Federal funds. Consequently the
Minority Business Enterprise requirements of 49 CFR 23, exclusive of Subpart D, apply to this
contract as follows.
o The Contractor agrees to insure that Minority Business Enterprises as defined in 49
CFR 23, Subpart A, have the maximum opportunity in the performance of contracts and
subcontracts financed in whole or in part with Federal funds. In this regard, the Contractor
shall take all necessary and reasonable steps in accordance with 49 CFR 23, exclusive of
Subpart D, to insure that Minority Business Enterprises have the maximum opportunity to
compete for and perform contracts.
o The Contractor and any subcontractor shall not discriminate on the basis of race, color,
national origin, or sex in the award and performance of contracts funded in whole or in part
with Federal funds.
These requirements shall be physically included in any subcontract.
Failure to carry out the requirements set forth above shall constitute a breach of contract and,
after the notification of the Department, may result in termination of the contract by the
Department or other such remedy as the Department deems appropriate.
G21. Debarment/Suspension
The Contractor is prohibited from making any award or permitting any award at any tier to
any party which is debarred or suspended or otherwise excluded from or ineligible for
participation in federal assistance programs under Executive Order 12549, Debarment and
6/91 Page 11 of 13
TEXAS TRAFFIC SAFETY PROGW,, M CONTRACT
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 included in Attachment C of this contract and the
certification included in Attachment D of this contract are accurate and current.
6/91 Page 12 of 13
TEXAS TRAFFIC SAFETY PROGRAM CONTRACT
IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED DUPLICATE
COUNTERPARTS TO EFFECTUATE THIS AGREEMENT.
THE CONTRACTOR
City of Lubbock
[Legal Name of Contractor]
By.
[Signature]
B.C. MCMINN, MAYOR
[Name and Title]
Date August 12, 1991
ST:
[Signature]
Ranette Boyd, City Secretary
[Name and Title]
Under authority of Ordinance or
Resolution Number (For Local
Governments)
Mailing Addresses
THE STATE OF TEXAS
Certified as being executed for the purpose
and effect of activating and/or carrying
out the orders, established policies, or work
programs heretofore approved and
authorized by the State Highway 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. 0. Box 2000
Lubbock, Tx 79457
806-767-2875
For the Department:
Ken Sylvester
Safety Supervisor
P. 0. Box 771, Lubbock, TX
806-748-4430 L
6/91 Page 13 of 13
APPROVED PROJECT DESCRIPTION
TRASER
for
CITY OF LUBBOCK
CONTRACTOR
I. AUMORIZATION•
ATTACHMENT A
This contract implements Task B, sub -task 2 of 92=01-01 of
the FY 92 Highway Safety Plan.
II. PROBLEM STATEMENT:
All Texas jurisdictions charged with the responsibility
of traffic law enforcement have a common problem in
trying to identify where to place their limited resources
(personnel and equipment) in order to have the greatest
impact on the motor vehicle crashes in their
jurisdiction. Vehicle crash and traffic citation data
compilation is typically three or four months old before
it is used to evaluate the need for enforcement
application. TRASER is a computer software program
designed to allow for up-to-the-minute data input in
order to do the best planning possible.
III. OBJECTIVES:
A. To reduce the total accidents at TRASER-selected
sites within the jurisdiction by the end of the
contract period.
B. To build an automated traffic records system to record
100% of all accident reports and 100% of all police
citations issued by the end of the contract period.
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 Contractor's obligation hereunder.
IV. RESPONSIBILITIES OF THE CONTRACTOR:
A. Carry out the objectives of this contract by
implementing the Action Plan on page 4 of this
Attachment.
B. Submit all newly developed public information and
education material for written approval from the
Department prior to final production. Reproduction of
National Highway Traffic Safety Administration or other
U.S. Government endorsed material is permissible without
Department approval.
rev 6/91 page 1 of 4
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.
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.
VI. PERFORMANCE INDICATORS:
The following performance indicators, when applicable, shall
be included in each progress report and summarized in the
final report:
A. Number of citations issued under the TRASER program.
B. Number of enforcement hours worked under TRASER.
rev 6/91 page 2 of 4
C. Number of high accident locations identified under the
TRASER program.
D. Number of high accident locations identified that
required both enforcement and engineering attention.
E. Reduction (number of) in accidents involving fatals,
injuries and property damage.
F. Number, title, and frequency of reports generated by
TRASER.
G. Number of traffic citations entered into TRASER.
H. Number of accident reports entered into TRASER.
rev 6/91 page 3 of 4
ACTION PLAN
OBJECTIVE: To reduce accidents by 5% within the KEY: P = planned activity
jurisdiction by the end of the contract period c = completed activity
TASK: To fulfill the administrative requirements of r= revised
this contract.
ACTIVITY
RESPONSIBLE
PROJECT MONTH
OC NO DE JA FE MR AP MY JN JU AU SE OC
1. Contract delivery meeting
Department
P
2. Reimbursement request submitted
Contractor
P
P
P
P
3. Performance report submitted
Contractor
P
P
P
P
4. Contract progress review
Contractor &
Department
P
P
P
P
5. Submit a Cost Assumption Plan
Contractor
P
6. Submit an Administrative
Evaluation
p
rev 6/91 page 4 of 4
APPROVED PROJECT BUDGET
for
CITY OF LUBBOCK
CONTRACTOR
LABOR
(100) Salary/Wages .
Staff and Supervisory Support
1. Project Director 65
2. Typist/data entry 2,080
ATTACHMENT B
hours @ _ 27.88 per hr . = $ 1,812.00
hrs. @ 8.15per hr. ='$ 16,952.00
Subtotal $ 18,764.00
(300) Travel
Travel and Per Diem (@ State Rates) for contractor
personnel to attend meetings called by the Department $ 1,800.00
TOTAL LABOR COSTS S 20, 564.00
OTHER DIRECT COSTS
(700) Mileage (actual cost not to
exceed state rate) miles @ $, per mile = $ -0-
(700) Public Information and Education Materials
(not to exceed 5% of contract amount) $ -0-
TOTAL OTHER DIRECT COSTS $ -0-
TOTAL CONTRACT AMOUNT $ 20 , 564 , oo
FEDERAL 402 FUNDS ( 100 %) $20,564.00
LOCAL MATCH ( 0 %) $ -0-
(figures are rounded)
rev 6/91 page 1 of 1
ATTACHMENT C
STANDARD ASSURANCES
The Contractor hereby assures and certifies that it will comply with the regulations, policies,
guidelines, and requirements, including 49 CFR 18 and OMB Circular A-87, or OMB Circulars
A-110 and A-21, or OMB Circulars A-110 and A-122, as they relate to the application,
acceptance, and use of federal or state funds for this project. Also, the Contractor assures
and certifies to the grant that:
1. It possesses legal authority to apply for the grant; that a resolution, motion, or similar
action has been duly adopted or passed as an official act of the applicant's governing body,
authorizing the filing of the application, including all understandings and assurances
contained therein, and directing and authorizing the person identified as the official
representative of the applicant to act in connection with the application and to provide
such additional information as may be required.
2. It will comply with Title VI of the Civil Rights Act of 1964 (PL 88-352) and in accordance
with Title VI -of that Act, no person in the United States shall, on the grounds of race,
color, or national origin be excluded from participation in, be denied benefits of, or be
otherwise subjected to discrimination under any program or activity for which the applicant
receives federal financial assistance and will immediately take any measures necessary to
effectuate this agreement.
3. It will comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d) prohibiting
employment discrimination where (1) the primary purpose of a grant is to provide
employment or (2) discriminatory employment practices will result in unequal treatment of
persons who are or should be benefiting from the grant -sided activity.
4. It will comply with requirements of the provisions of the Uniform Relocation Assistance
and Real Property Acquisitions Act of 1970 (PL 91-646) which provides for fair and
equitable treatment of persons displaced as a result of federal and federally assisted
programs.
5. It will comply with the provisions of the Hatch Act which limit the political activity of
• employees.
6. It will comply with the minimum wage and maximum hours provisions of the Federal Fair
Labor Standards Act, as they apply to hospital and educational institution employees of
State and local governments.
7. It will establish safeguards to prohibit employees from using their positions for a purpose
that is or gives the appearance of being motivated by a desire for private gain for
themselves or others, particularly those with whom they have family, business, or other ties.
8. It will give the sponsoring agency the access to and the right to examine all records, books,
papers, or documents related to the grant.
6/91 Page I of 2
STANDARD ASSURANCES, continued
9. It will comply with all requirements imposed by the sponsoring agency concerning special
requirements of law, program requirements, and other administrative requirements.
10. It will insure that the facilities under its ownership, lease, or supervision which shall be
utilized in the accomplishment of the project are not listed. on the Environmental
Protection Agency's (EPA) list of Violating Facilities and that it will notify the federal
grantor agency of the receipt of any communication from the Director of the EPA Office
of Federal Activities indicating that a facility to be used in the project is under
consideration for listing by the EPA.
11. It will comply with the flood insurance purchase requirements of Section 102(a) of the
Flood Disaster Protection Act of 1973, PL 93-234, 87 Stat. 975, approved December 31,
1976. Section 102(a) requires, on and after March 2, 1975, the purchase of flood
insurance in communities where such insurance is available as a condition for the receipt
of any federal financial assistance for construction or acquisition purposes for .use in any
area that has been identified by the Secretary of the Department of Housing and Urban
Development as an area having special flood hazards. The phrase "federal financial
assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy,
disaster assistance loan or grant, or any other form of direct or indirect federal assistance.
12. It will assist the grantor agency in its compliance with Section 106 of the National Historic
Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, -and the
Archeological and Historic Preservation Act of 1966 (26 USC 469a-1 et sew.,) by (a)
consulting with the State Historic Preservation Officer to conduct the investigation, as
necessary, to identify properties listed in or eligible for inclusion in the National Register of
Historic Places that are subject to adverse effects (see 36 CFR 800.8) by the activity, and
notifying the federal grantor agency of the existence of any such properties, and by (b) .
complying with all requirements established by the federal grantor agency to avoid or
mitigate adverse effects upon such properties.
a
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
prolubit the employment of a person who shall have been continuously employed for a
period of two years prior to the election or appointment of the officer, employee, or
governing body member related to such person in the prohibited degree.
It will insure that all information collected, assembled, or maintained by the applicant
relative to this project shall be available to the public during normal business hours in
compliance with Texas Civil Statutes, Art. 6252-17a, unless otherwise expressly provided by
law.
It will comply with Texas Civil Statutes, Art. 6252-17, which requires all regular, special, or
called meetings of governmental bodies to be open to the public, except as otherwise
provided by law or specifically permitted in the Texas Constitution.
6191 Page 2 of 2
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
_ Mayor
Ti e
08/22/91
Date
Form 1734•A
4-89