HomeMy WebLinkAboutResolution - 3700 - Contract - TDHPT - 55 STEP Program - 08_22_1991Resolution No. 3698-3700
August 22, 1991
Item #25
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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.
J. Patterson, Mayor
for B. CAICMINN, MAYOR Pro-Tem
ATTEST:
` Ran to oyd, City Secr ary
R4ante o
/APPROVED AS TO CONTENT:
Donald Bridgers, Chief af Police
APPROVED AS TO FORM:
onald G. an ive rst ssistant
City Attorney
Resolution No. 36�T-�7aQ
August 22, 1991
ItEm #27 Page 1 of 8
ATTACHMENT 2 r
i
GRANT PROPOSAL EVALUATION FORM
COVER SHEET
GRANT NAME: National Maximum Speed Limit Enforcement
GRANT AGENCY: State Departmen-t of Highways S Public Transportation
GRANT FISCAL PERIOD• October 1, 1991/September 30, 1992
MONTH/DATE/YEAR TO MONTH/DATE/YEAR
CITY DEPARTMENT/INDIVIDUAL gill Ackors
PREPARING GRANT:
(Whom to contact in case of questions)
APPROVALS:
DEPARTMENT HEAD
DIVISION DIRECTOR
ISTANT CITY MANAGI
OR CHIEF OF POLICE
BUDGET & RESEARCH DIRECTOR
EPUTY CITY MANAGER
Upon completion of approvals, return to:
DATE
DATE
e-ILI-9/
DATE
�,/y-2i
DATE
8/22/91
DATE
Lieutenant Craig Arledge / Police Dept. by
INDIVIDUAL CITY DEPARTMENT OR SECTION DEADLINE DATE
(IF APPLICABLE)
.A25-1
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.
1.- State, as clearly as possible, the goals and objectives of the proposed
project for which a grant is being sought.
To obtain compliance with the National Maximum Speed Limit at STEP sites.
Apply additional enforcement efforts daily through the use of off -duty
police officers at specific "55 MPH".locations.where--the-highest.degree
of non-compliance with the speed law has been detected by the State
Department of Highways and _Public Transportation.
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 next
year 41
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 fatal accidents on Lubbock streets in which
5 of them were speed related. State wide 30% of all fatal and
injury accidents were cited as being speed related. in Lubbock this
figure was 35% for 1990
This grant will help apply additional enforcement efforts daily through
the use of off -duty police officers at specific "55 MPH" locations
where the highest degree of non-compliance with the speed law has
been detected.
�A25-2
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2. List at least three measures by which City Staff and City' Council might be _
able to evaluate the program in order to determipe that it has reached the
goals and objectives described in Question 1.
Total citations issued. -
$ of citations issued which are speeding violatons.
Number.of enforcement hours worked.
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.
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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.
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?
Yes.
City pays $32,294.96 which is 50% of salaries and all of the fringe
benefits.
�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: '
Personnel: pays 50% of salaries.
Supplies: pays 50% of mileage.
Training: pays 50% for out of -town -conferences.
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.
R"
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. You have to re -apply for the grant
each year.
A25-5
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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.
Grant is a one year contract. Departments have to re -apply each year.
Amount of money provided by grant each year depends on availability of
federal funds alloted to the states. This will in all probability be
the last year of funding for this grant.
10. Are indirect costs reimbursed by the grant?
No.
A25-6
1 R c Page 7 of S
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?
None. All work performed by off -duty officers.
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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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
1991 19_ 19_ 19 19_
Revenues
Federal Grant $30,000 Funding not expected after
fiscal 91-92
State Grant
Local Match *$30,000
Other
Total Revenues $60,000
*(Reimbursement 50% plus 50% mileage E meetings)
FOR GRANT FISCAL YEAR (From 10-01to 09-30):
19 19 19 19 19
Expenditures
Personnel $49,164
Supplies $10,436
Maintenance
Other Charges $400.00
Capital Outlay
Capital Project
Total Expenditures $60,000
.A25-8
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
nature 6f Cerufyin2 Official
Mayor - -
'1`�t7e
08/22/91
Date
Form 1734-A
4-89
Resolution No.
August 22, 1991
Contract No m it27
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) National Maximum Speed
Limit (NMSL 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
This contract becomes effective on October 1, 1991 or when fullv executed by all
parties hereto, whichever occurs later, and shall terminate on September 36, 1992
unless termination occurs as provided for hereinafter.
6/91
Page 1 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
$ 30,000 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'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.
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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.
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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.
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TEXAS TRAFFIC SAFETY PROGRAM CONTRACT
ARTICLE 8. GENERAL TERMS AND CONDITIONS
GI. 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.
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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.
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. 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.
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TEXAS 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 withobt 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.
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, minimum 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.
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.
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TEXAS TF. kMC SAFETY 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 agency, shall provide
or shall require its subcontractors to secure a policy of insurance in the maximum statutory
limits for tort liability, naming the Department as an additional insured under its terms.
When so directed, the 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.
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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 Regalations: 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 : ROGR4AI 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. Incoraoration 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 PROGR/.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
ATTEST:
[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
6/91 Page 13 of 13
Aug. 6 '91 9:57 6Z20 D-18L/TE/TS LA COSTA FAX 512-465-6380 PAGE 07/07
ATTACH14ENT B
APPROVED PROJECT BUDGET
NMSL STEP
City of Lubbock '
CONTRACTOR
(100) A. Enforcement (overtime) '
1, Fol ice Officers: 104 hours @ 20._. 73 -Rer hour = $ 21 ,020.00
2. Corporals 104 hours @ 23 12 per hour $ 25,444.00
3. Lieutenants: hours @ >,er hour
(100) B. Staff and Supervisory Su port*
1. Project Director 156 hours @ 27-88per hour $ 4,349.00
2. Clerk/typist 16 hours @ 9' 63ner hour $ 154 • o0
3. Data Entry Clerk 16 hours @ 12.31per hour =!$ 197.00
(300) C. Travel and Per Diem (State Rates)
Travel for contractor personnel to attend meetings
called by the Department $ 400.00
TOTAL LABOR COSTS $ 49, 564.00
OTHER DIRECT COSTS
700 A. Mileage (actual cost not
to exceed state rate) 4i,743 miles @ 25 Der mile $ 10,4�6.00
700 B. Public Information and Education Materials
(not to exceed 5% of contract amount) $ -0-
(Also see IV. B., of Attachment A)
TOTAL OTHER DIRECT COSTS 10 , 4 3 6.0 0
TOTAL CONTRACT AMOUNT = $ 60,000.00
FEDERAL 402 FUNDS ( 50 �) Q; $ 3 0 , 0 0 0.0 0
LOCAL FUNDS ( 5 0 �) $ 30,000.00
* - Staff and Supervisory Support costs not to exceed 10 percent of contract
total budget.
(figures are rounded to nearest dollar)
rev 6/91
page 1 of 1
Aug. 6 '91 9:55 6380 D-18L/TE/TS LA COSTA
FAX 512-465-6380 PAGE 03/07
I
ATTAIMENT A
APPROVED PROJECT DESCRIPTION
NMSL STEP j
CITY OF LUBBOCK
Contractor
This contract implements Task B, Sub -Task 1 of 92-01�01 of
the FY92 Highway Safety Plan. j
II. PROBLEM STATEMENT:
The State of Texas is required to spend approximatel 20% of
the Section 402 traffic safety funds to implement pr grams
to bring motorists in Texas into compliance with the,
National Maximum Speed Limit. This Contractor has s mitted
a list of roadways that have been found to have subs antial
degrees of noncompliance with the 55 MPH National Ma+kimum
Speed Limit.
III. OBJECTIVE:
To achieve compliance with the National Maximum Spee Limit
at STEP sites by the end of the contract period. ,
(Compliance will be measured under DOT CFR, Part 659!.)
Nothing in this agreement shall be interpreted as a
requirement, formal or informal, that a police officer issue
a specified or predetermined number of citations in
pursuance of the Contractor's obligation hereunder.
A. Carry out the objective of this contract by
implementing the operational Plan and the Action Plan
in this attachment. i
i
B. Submit all newly developed public information a'nd
education material for written approval from this
Department prior to final production. Reproduction of
National Highway Traffic Safety Administration pr 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.
rev 6/91 page 1 of 4
Aug. 6 '91 9:55 6380 D-18L/TE/TS LA COSTA FAX 512-465-6380 PAGE 04/07
i
I
D. Attend meetings according to the following:
1. The contractor will arrange for meetings w'th the
Department no less than quarterly to prese t
status of activities, discuss problems and present
a schedule for the following quarter's wor .
2. The project coordinator or other qualifiedperson
will be available to represent the Contrac or at
meetings requested by the Department. '
E. For out of state travel expenses to be reimburs ble,
the Contractor must have obtained the approval f 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 fa�� which
reimbursement is requested is for work exclusively
related to this project.
G. In addition to STEP enforcement activities, mai�tain
non -STEP traffic enforcement arrests jurisdicti n-wide
at not less than the level attained prior to co�ntract
approval.
H. Ensure that 95% of the hours planned for each mn�onth are
actually worked, and that 90* of the enforcemehours
for which reimbursement is claimed are spent at STEP
sites as specified in the operational plan in t�his
attachment.
I. Ensure that each officer working on the STEP p��Iooject
will complete an officers daily report form thal�t is
approved by the Department.
J. Ensure that no officer above the rank of Lieutenant
will be reimbursed for enforcement duty.
K. Support the enforcement efforts with public
information.
L. Ensure that only those roadways posted at 55 mpH will
be included in the Operational Plan.
V. RESPONSIBILITIES OF THE DEPARTMENT:
A. Monitor the Contractor's compliance with perfoi+mance
obligations and fiscal requirements of this contract.
B. Provide program management and technical assistance as
appropriate.
rev 6/91 page 2 of 4
Aug. 6 '91 9:56 6330 D-18L/TE/TS LA COSTA FAX 512-465-6380 PAGE 05/07
C. Reimburse the Contractor for all eligible costsias
defined in Attachment B, Approved Project Budget.
Requests for Reimbursement will be processed upito the
maximum amount payable when submitted in the mariner and
within the time frames, as specified in Article13.
D. Perform an administrative evaluation of the protect at
the close of the contract period to include a review of
adherence to budget, Action Plan and attainment;of
objectives.
vI. =FoRMANCE INDICAIRS
The following performance indicators, when applicably, shall
be included in each Performance Report and summarizoo in the
Administrative Evaluation:
A. Number of NMSL citations issued.
B. Total number of citations issued.
C. Number of enforcement hours worked.
D. Number of enforcement hours at STEP sites.
E. Maintenance of NMSL citation activity at STEP sites.
F. Number of public information activities conductLd.
!
IT •
STEP
TIME (S)
DAY (S) `
SITE
of
OF ;
NUMBER
SITE DESCRIPTION
DAY
WEEK
1
Loop 289
0700 - 1200
Mon. - Fri!.
Brownfield Rd. to N. Ash
1600 - 2100
Mon. - Frig.
Loop 289
0700 - 1500
Sat. - Sun.
2
Quirt
1200 - 2000
S - Sun.
3
Loop 289
4th Street .5 E. of W.
S
City limit to Elkhart
Brownfield Rd. (62-82)
i
6
S.W.*C.L. to .2S.W. of S
lide
"
Slaton Hwy. (US 84)
!
4
Quirtto S.E. City Limit
11
1-27 (US 87) N. City
Limit S thru S. Lope 28
i
!
i
page 3 of 4
rev 6/91
OBJECTIVE:
TASK:
ACTION P7aAN
To achieve compliance with the NMSL at the
STEP sites by the end of the contract period.
To fulfill the administrative requirements of
this contract.
KEY: p = planned activity
C = completed activity
r - revised
ACTIVITY
RESPONSIBLE
PROJECT MONTH
OC NO DE JA FE MR AP I MY I JN JL AU SE OC
I. Contract deliver meeting
held.
Department
P
2. Reimbursement request
submitted.
Contractor
P
P
P
P
3. Performance and Activity
Reports submitted.
Contractor
P
P
P
P
4. Contract progress review.
Contractor &
P
P
P
P
Department
5. Submit cost assumption plan.
Contractor
P
6. Administrative Evaluation
submitted.
Contractor
P
Page 4 of 4