HomeMy WebLinkAboutResolution - 5846 - Agreement - TDOT - Summer Safe & Sober Waves, THTSP Grant - 05_14_1998RESOLUTION NO. 5846
Item #15
May 14, 1998
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK:
THAT the Mayor of the City of Lubbock be and is hereby authorized and
directed to execute for and on behalf of the city of Lubbock a Texas Highway
Traffic Safety Program Grant Agreement, attached herewith, by and between the
City of Lubbock and the Sate of Texas, Department of Transportation, and any
associated documents, for occupant protection selective traffic enforcement, and
speed enforcement projects, which Agreement shall be spread upon the minutes of
the Council and as spread upon the minutes of this Council shall constitute and be
a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 14th day of May ,
*3
r
ATTEST:
- 1Q_L &Mt4
Kat Darnell, City Secretary
-APPROVED AS TO CONTENT
AenA.alk r, Chief of Police
APPROVED AS TO FORM:
Dan al Assi i y Attorney
RESOLUTION NO.5846
:Item #15
X_ Federal Pass ibroag, Kw. Contract May 14, 1998
akad mod. CFDA #20.600 Charge Number
no Chat Fun& PIN 175 6000 590 6WO
TEXAS HIGHWAY TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
THE STATE OF TEXAS **
THE COUNTY OF TRAVIS **
THIS AGREEMENT IS MADE BY and between the State of Texas, acting by and through the Texas Department
of Transportation, hereinafter called the Department, and City of Lubbock , hereinafter oiled the
Subgrantee, and becomes effective when fully executed by both parties. For the purpose of this agreement, the
Subgrantee is designated as a(n) Local Government
AUTHORITY: Texas Transportation Code, Chapter 723, the Traffic Safety Act of 1967, and the Highway Safety
Plan for Fiscal Year 98 .
WITNESSETH
Project Title: Summer Safe and Sober Waves
Brief Project Description: Conduct three safe and sober step waves with emphasis on occupant protection and
Vggd limit enforcement.
AGREEMENT
Grant Period: The Grant becomes effective on 05-13-98 - ___,or on the date of final signature, whichever is
later, and ends on 9-30-98
Maximum Amount Eligible for Reimbursement: $ 9,992.00
from Fund Source: 402 Federal
Estimated Budget: Federal State Local
Labo S 9,992.00
Other Direct Cos - 0 -
Indirect Cos - 0 -
TOTA S 9,992.00
Project Year, 2
In addition to the Standard Provisions of the Agreement that follow, the following attachments are incorporated
as indicated as a part of the Gram Agreement:
X Attachment A, Approved Project Description
X Attachment B, Approved Project Budget
X Attachment C, Standard Assurances
X Attachment D, Debarment Certification
Attachment E, Lobbying Certification (required if amount payable is S 100,000 or more)
_ Attachment F, Child Support Statement
Page 1 of 10 1,97
TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED DUPLICATE COUNTERPARTS TO
EFFECTUATE THIS AGREEMENT.
THE SUBGRANTEE
City of Lubbock
[Legal Name of Agency]
By
[Autho ' Signa ]
Windy.Sit:ton; Mayor
[Name and Title]
Date May 14, 1998
ATTEST:
[Signature]
Kaythie Darnell. City Secretary
[Name and Title]
Under authority of Ordinance or Resolution
Number (for local governments):
Mailing Addresses
THE STATE OF TEXAS
Executed for the Executive Director and
approved for the Texas Transportation
Commission under the authority of Minute Order
No. 82513 and Stand -Alone Manual Notice 96-6
for the purpose and effect of activating and/or
carrying out the orders, established policies or
work programs heretofore approved and
authorized by the Texas Transportation
Commission under the authority of Minute Order
No.100002. --I
By
Texas Department of Transportation f
(For local projects wider $50,004) or reoommended for
approval for grants $50,000 or greater.)
Date
By
Date
Director, Traffic Operations Division
(Not required for local grants under $50,000.)
For the purpose of this agreement, the following addresses shall be used to mail all required notices, reports,
claims, and correspondence. (NOTE: For warrants, the address indicated by the mail code, last three digits of
the PIN on page 1, shall be used. If that address is not appropriate for warrants, please change the mail
code accordingly and notify TxDOT of any changes.):
For the Subgrantee:
City of Lubbock
P. O. Box 2000
Lubbock. Texas 79457
For the Texas Department of Transportation:
Kasen Peoples
P. O. Box 771
Lubbock. Texas 79408-0771
Page 2 of 10 1/97
TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
STANDARD PROVISIONS
ARTICLE L RESPONSIBILITIES OF THE PARTIES
The Subgrantee shall undertake and complete the project as described in Attachment A, Approved Project
Description, and m accordance with all terms and conditions included hereinafter. The Department shall provide
assistance as appropriate and as specified in said Attachment A
ARTICLE 2. COMPENSATION
A The method of payment for this agreement will be based on actual costs incurred up to and not to exceed the
limits specified in Attachment B, Approved Project Budget. 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 speed
in paragraph B hereunder. 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.
B. All payments made hereunder will be made in accordance with Attachment B, Approved Project Budget The
Subgrantee's expenditures may not exceed any budget category in the Approved Project Budget by an amount
greater than S% of the total reimbursable amount of the budget without a written agreement amendment
However, the Subgrantee must provide written notification to the Department of a change of S% or less, prior
to payment of the Request For Reimbursement that includes the change, indicating the amount and percent
change and the reasons) for it. The maximum amount payable shall not be increased as a malt of exceeding
a budget categorywithout a written grant amendment.
C. To be eligible for reimbursement under this agreement, a cost must be incurred in accordancewith
Attachment B, Approved Project Budget, within the time frame specified in Grant Period on page 1.
D. Payment of costs incurred under this agreement is further governed by one of the following cost principles, as
appropriate, outlined in the Federal Office of Management and Budget (OMB) Circulars:
• A-21, Cost Principles for Educational Institutions;
• A-87, Cost Principles for State and Local Governments; or,
• A-122, Cost Principles for Nonprofit Organizations.
E. The Subgrantee agrees to submit monthly or quarterly requests for reimbursement, as designated in
Attachment A, within 30 days after the end of the billing period. The Subgrantee will use billing statements
acceptable to the Department. The original billing statement and one copy is to be submitted to the address
shown on page 2 of this agreement.
F. The Subgrantce agrees to submit the final request for payment under this agreement within sixty (60) days of
the end of the grant period.
G. The Department will exercise all good faith to make payments within thirty days of receipt of properly
prepared and documented requests for payment. Payments, however, are contingent upon the availability of
appropriated funds-
H. Project agreements supported with federal funds are limited to the length of the agreement period and usually
do not receive extended funding beyond three years. If both the Department and the Subgrantee agre6 that
the project has demonstrated merit or has potential long-range benefits, the Subgrantee may apply for finding
assistance beyond the three year limit. To be eligible, the Subgrantee must have a cost. assumption plan by
the end of the first twelve months. This plan will include a schedule for phasing in finding from its own
resources and the phasing out of funding support from the Department. All plans must be approved by the
Department before any extension beyond the three year limit will be granted. Preference will be given to
those projects for which the Subgrantee has assumed some cost sharing by the end of the first twelve months,
and to those which propose to assume the largest percentage of subsequent project costs.
Certain categories of funds may be exempted by the federal go-mrnment from.the time limit requirement.
Unless exempted, all federally -funded agreements are considered to be subject to the time limit provision.
Page 3 of 10 1/97
Funding support for all state -funded projects will be limited to the tam of the agreement. Airy extension
beyond that time will be negotiated on a case -by -case basis.
ARTICLE 3. 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.
Nat any time during the agreement period the Department determines that there is insufficient funding to continue
the project, the Department shall so notify the Subgrantee, giving notice of intent to terminate the agreement.
Such termination will be conducted in such a manner that will minimize disruption to the Subgrantee and the
Department, and as further specified in General Provision G9, Termination
The Subgrantee, if other than a State agency, shall be responsible for settlement of any and all claims and lawsuits
by third parties arising from or incident to the Department's non-payment of the Subgrantee's claim under this
agreement The Subgrantee expressly acknowledges that its responsibility includes the payment of all damages,
expenses, penalties, fines, costs, charges, and attorney fees, if the claims or lawsuits are based upon the
Department's non-payment of claims submitted under this agreement. The Subgrantee shell defend any suits
brought upon all such claims and lawsuits and pay all costs and expenses incidental thereto, but the Department
shall have the right at its option to participate in the defense of any suit, without relieving the Subgrantee of any
obligation hereunder.
ARTICLE 4. AGREEMENT AMENDMENTS
If at any time during the agreement period the Department determines that additional funds are needed to continue
the project and the maximum amount payable is insufficient, a written amendment is to be executed to authorize
additional funds, if the Department and the Subgrantee determine to continue project funding.
Additionally, any changes in the agreement period, agreement terms or responsibilities or the parties hereto shall
be enacted by written amendment executed by both parties.
The amendment shall be agreed upon by the parties to this agreement and shall state the change to the mutual
satisfaction of the parties. In no event sill the agreement period be extended unless a written amendment is
executed before the completion date specified in Article 1.
ARTICLE S. ADDITIONAL WORK
If the Subgrantee is of the opinion that any work it has been directed to perform is beyond the scope of this
agreement and constitutes additional work, the Subgrantee shall promptly notify the Department in writing. In the
event that the Department finds that such work does constitute additional work, the Department shall so advise the
Subgrantee and provide compensation for doing this work on the same basis as the original work. If the
compensation for the additional work will cause the maximum amount payable to be exceeded, a written
amendment will be executed Any amendment so executed must be approved within the agreement period
specified on the cover page to this Grant
ARTICLE 6. CHANGES IN WORK
When the approved project description requires a completed work product, the Department will review the wort as
specified in the approved project description. If the Department finds it necessary to request changes in previously
satisfactorily completed work or parts thereof, the Subgrantee will make such revisions as requested and directed
by the Department. Such work will be considered as additional work and subject to the requirements established in
Article 5.
If the Department finds it necessary to require the Subgrantee to revise completed work to correct errors appearing
therein, the Subgrantee shall make such corrections and no compensation will be paid for the corrections.
Page 4 of 10 1197
TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
ARTICLE 7. GENERAL TERMS AND CONDITIONS
GL Indemnification
To the extent permitted by law, the Subgrantee, if other than a State agency, shall save harmless the Department
from all claims and liability due to the acts or omissions of the Subgrantee, its agents or employees. The
Subgrantee also agrees to save harmless the Department from any and all expenses, including attorney fees, all
court costs and awards for damages, incurred by the Department in litigation or otherwise resisting such claims or
liabilities as a result of any activities of the Subgrantee, its agents or employees.
Further, to the extent permitted by law, the Subgrantee, if other than a State agency, agrees to protect, indemnify,
and save harmless the Department from and against all claims, demands and causes of action of every kind and
character brought by any employee of the Subgrantee against the Department due to personal injuries and/or death
to such employee resulting from any alleged negligent act, by either commission or omission on the part of the
Subgrantee or the Department
G2. Inspection of Work
The Department and, when federal funds are involved, the U. S. Department of Transportation, and any authorized
representative 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 Subgrantee or a subcontractor, the Subgrantee shall
provide and require the subcontractor to provide all reasonable facilities and assistance for the safety and
convenience of the inspectors in the performance of their duties. All inspections and evaluations shall be
performed in such a manner as will not unduly delay the work.
G3. Disputes and Remedies
The Subgrantee shall be responsible for the settlement of all contractual and administrative issues arising out of
procurement entered in support of agreement work.
Disputes concerning performance or payment shall be submitted to the Department for setdcment with the
Executive Director acting as referee.
This agreement shall not be considered as specifying the exclusive remedy for any dispute or violation or breach of
agreement terms, but all remedies existing at law and in equity may be availed of by either party and shall be
cumulative.
G4. Noncollusion
The Subgrantee warrants that it has not employed or retained any company or person, other than a bona fide
employee working for it, to solicit or secure this agreement, and that it has not paid or agreed to pay any company
or person, other than a bona fide employee, any fee, commission, percentage, brokerage fec, gift, or any other
consideration contingent upon or resulting from the award or making of this agreement. If the Subgrantee
breaches or violates this warranty, the Department shall have the right to annul this agreement without liability or,
in its discretion, to deduct from the agreement price or consideration, or otherwise recover the full amount of such
fee, commission, brokerage fee, gift, or contingent fee.
Page 5 of 10 1197
TEXAS 'TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
GS. Reporting
Not later than thirty days after the end of each reporting period, as designated in Attachment A, the Subgrantee
shall submit a performance report using forms provided or approved by the Department. The performance report
will include as a minimum (1) a comparison of actual accomplishments to the objectives established for the period,
(2) reasons why established objectives were not met, if appropriate, and (3) other pertinent information including,
when appropriate, analysis and explanation of cost overruns or high unit costs.
The Subgrantee shall submit the final performance report within 30 days after completion of the grant.
The Subgrantee shall promptly advise the Department in writing of events which have a significant impact upon
the agreement, including:
1. Problems, delays, or adverse conditions which will materially affect the ability to attain program objectives,
prevent the meeting of time schedules and objectives, or preclude the attainment of project work units by
established time periods. This disclosure shall be accompanied by a statement of the action taken or contemplated
and any Department or Federal assistance needed to resolve the situation.
2. Favorable developments or events that enable meeting time schedules and objectives sooner than anticipated or
producing more work units than originally projected.
G6. Records
The Subgrantee agrees to maintain all books, documents, papers, accounting records, and other evidence
pertaining to costs incurred and work performed hereunder, said books, documents, papers, accounting records,
and other evidence pertaining to costs incurred and work performed hereinafter called the records, and shall make
such records available at its office at all reasonable times for the time period authorized in Article 1, Contract
Period. The Subgrantee further agrees to retain said records for four years from the date of final payment of
contract costs incurred hereunder.
Duly authorized representatives of the Texas State Auditor, the Texas Department of Transportation, the United
states Department of Transportation, and the Office of the Inspector General shall have access to the records at
reasonable times during the period of the agreement and the four years retention period for the purpose of making
audits, excerpts, transcriptions, and other examinations. This right of access is not limited to the four year period
but shall last as long as the records are retained. If any litigation, claim, negotiation, audit or other action
involving the records has been started before the expiration of the four year retention period, the subgrantee shall
retain the records until completion of the action and resolution of all issues which arise from it.
G7. Audit
The Subgrantee shall comply with the requirements of the Single Audit Act of 1984, Public Law (FL) 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 Loral Governments,' or,
• OMB Circular A-133, "Audits of Institutions of Higher Education and Other Nonprofit Institutions."
G8. Subcontracts
Any subcontract rendered by individuals or organizations not a part of the Subgrantee's organization shall not be
executed without prior authorization and approval of the subcontract by the Department.
Subcontracts in excess of $25,000 shall contain all required provisions of this agreement_ No subcontract will
relies-e the Subgrantee of its responsibility under this agreement.
Page 6 of 10 "7
G9. Termination
The Department may terminate this agreement at any time before the date of completion whenever it is determined
that the Subgrantee has failed to comply with the conditions of the agreement. The Department shall give written
notice to the Subgrantee at least seven days prior to the effective date of termination and specify the effective date
of termination and the reason for termination.
If both parties to this agreement agree that the continuation of the agreement would not produce beneficial
results commensurate with the further expenditure of funds, the parties shall agree upon the termination
conditions, including the effective date and the portion to be terminated
Upon termination of this agreement, whether for cause or at the convenience of the parties hereto, all finished or
unfinished documents, data, studies, surveys, reports, maps, drawings, models, photographs, etc• prepared by the
Subgrantee shall, at the option of the Department, become the property of the Department.
The Department shall compensate the Subgrantee for those eligible expenses incurred during the agreement period
which are directly attributable to the completed portion of the work covered by this agreement, provided that the
work has been completed in a manner satisfactory and acceptable to the Department. The Subgrantee shall not
incur new obligations for the terminated portion after the effective date of termination.
Except with respect to defaults of subcontractors, the Subgrantee shall not be in default by reason of any failure in
performance of this agreement in accordance with its terms (including any failure by the Subgrantee to progress in
the performance of the work) if such failure arises out of causes beyond the control and without the default or
negligence of the Subgrantee. Such causes may include but are not limited to acts of God or of the public enemy,
acts of the Government in either its sovereign or contractual capacity, 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 Subgrantee.
G10. Gratuities
Texas Transportation Commission policy mandates that employees of the Department shall not accept any benefits,
gifts or favors from any person doing business with or who reasonably speaking may do business with the
Department under this agreement. The only exceptions allowed are ordinary business lunches and items that have
received the advanced written approval of the Department's Executive Director.
Any person doing business with or who reasonably speaking may do business with the Department under this
agreement may not make any offer of benefits, gifts or favors to Department employees, except as mentioned
hereabove. Failure on the part of the Subgrantee to adhere to this policy may result in termination of this
agreement.
G11. Compliance With Laws
The Subgrantee shall comply with all Federal, State and local laws, statutes, ordinances, rules and regulations, and
the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance
of this agreement, including, without limitation, workers' compensation laws, minimum and maximum salary and
wage statutes and regulations, and licensing laws and regulations. When required, the Subgrantee shall furnish the
Department with satisfactory proof of its compliance therewith.
G12. Successors and Assigns
The Department and the Subgrantee each binds 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. The Subgrantee shall not assign, sublet, or transfer interest and
obligations in this agreement without written consent of the Department.
Page 7 of 10 1/97
:► t;X% a V WAD Pisy: �.r:: „ r:. Zr . r:
G13. Ownership of Documents
Upon completion or termination of this agreement, all documents preparers by the Subgrantee or furnished to the
Subgrantee by the Department shall be delivered to and become the property of the Department All sicetches,
photographs, calculations, and other data prepared under this agreement shall be made available, upon request, to
the Department without restriction or limitation of their further use.
G14. Resources
The Subgrantee warrants that it presently has adequate qualified personnel in its employment to performance the
Rork required under this agreement, or will be able to obtain such personnel from sources other than the
Department.
Unlessotherwise specified, the Subgrantee shall furnish all equipment, materials, and supplies required to perform
the work authorized herein.
All employees of the Subgrantee shall have such knowledge and experience as will enable them to perform the
dies assigned to them Any employee of the Subgrantee who, in the opinion of the Department, is incompetent,
or whose conduct becomes detrimental to the work, shall immediately be removed from association with the
proles
G15. Property Management
The Subgrantee shall establish and administer a system to control, protect, preserve, use, maintain, and dispose of
any property furnished to it by the Department or purchased pursuant to this agreement in a000rdance with its own
property management procedures, provided that the procedures are not in conflict with the Department's property
management procedures or property management standards, as appropriate, in:
• 49 CFR 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and
Local Governments," or,
• OMB Circular A-110, "Uniform Requirements for Grants to Universities, Hospitals, and Other Nonprofit
Organizations."
G16. Procurement Standards
The Subgrantee shall maintain procurement standards which meet or exceed the requirements, as appropriate, of.
• 49 CFR 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and
Local Governments," or,
• OMB Circular A-110, "Uniform Requirements for Grants to Universities, Hospitals, and Other Nonprofit
Organizations."
G17. Insurance
When directed by the Department, the Subgrantee, if other than a State agency, shall provide or shall require its
subcontractors to secure a policy of insurance in the maximum statutory limits for tort liability, naming the
Department as an additional insured under its terms. When so directed, the Subgrantee shall provide or shall
require its subcontractor to furnish proof of insurance on TxDOT Form 20.102 (12/91) to the Department, and
shall maintain the insurance during the grant period established in Article 1.
Gib. Equal Employment Opportunity
The Subgrantee agrees to comply with Executive Order 11246 entitled "Equal Employment. Opportunity" as
amended by Executive Order 11375 and as supplemented in Department of Labor Regulations (41 CFR 60).
Page 8 of 10 1/Y7
Gig. NondlKrimination
During the performance of this agreement, the Subgrantoe, its assigns and successors in interest, agrees as follows:
1. Compliance with Regulations: The Subgrantee shall comply with the regulations relative to nondiscrimination
in federally assisted programs of the U.S. Department of Transportation, Title 49, Code of Federal Regulations,
Part 21 and Title 23, Code of Federal Regulations, Part 710.405(b), as they may be amended from time to time
(hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this
agreement.
2. Nondiscrimination: The Subgrantee, with regard to the work performed by it during the agreement, shall not
discriminate on the grounds of race, color, sex, or national origin in the selection and retention of subcontractors,
including procurement of materials and leases of equipment. The Subgrantee shall not participate either directly or
indirectly in the discrimination prohibited by Section 21.5 and Part 710.405(b) of the Regulations, including
employment practices when the agreement covers a program set forth in Appendix B of the Regulations.
3. Solicitations for Subcontracts, Including Procurement of Materials and Euuipment: In all solicitations
either by competitive bidding or negotiation made by the Subgrantee for work to be performed under a subcontract,
including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be
notified by the Subgrantee of the Subgrantee's obligations under this agreement and the Regulations relative to
nondiscrimination on the grounds of race, color, sex, or national origin.
4. Wormation and Reports: The Subgrantee shall provide all information and reports required by the
Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other
sources of information and its facilities as may be determined by the Department or the U.S. Department of
Transportation to be pertinent to ascertain compliance with such Regulations or directives. Where any information
required of the Subgrantee is in the exclusive possession of another who fails or refuses to furnish this information,
the Subgrantee shall so certify to the Department or the U.S. Department of Transportation as appropriate, and
shall set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of the Subgrantee's noncompliance with the nondiscrimination
provisions of this agreement, the Department shall impose such sanctions as it or the U.S. Department of
Transportation may determine to be appropriate, including but not limited to:
• withholding of payments to the Subgrantee under the agreement until the Subgrantee complies, and/or
• cancellation, termination, or suspension of the agreement in whole or in part
6, incorporation of Provisions: The Subgrantee shall include the provisions of paragraphs 1 through 5 in every
subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations or
directives issued pursuant thereto. The Subgrantee shall take such action with respect to any subcontract or
procurement as the Department may direct as a means of enforcing such provisions including sanctions for
noncompliance; provided, however, that in the event a Subgrantee becomes involved in, or is threatened with
litigation with a subcontractor or supplier as a result of such direction, the Subgrantee may requrest the Department
to enter into such litigation to protect the interests of the Department; in addition, the Subgrantee may request the
United States to enter into such litigation to protect the interests of the United States.
G20. Minority Business Enterprise
It is the policy of the U.S. Department of Transportation that Minority Business Enterprises as defined in 49 CFR
23, Subpart A, shall have the maximum opporttmity to participate in the performance of contracts financed in
whole or in part with Federal funds. Consequently the Minority Business Enterprise requirements of 49 CFR 23,
exclusive of Subpart D, apply to this agreement as follows:
• The Subgrantee agrees to insure that Minority Business Enterprises as defined in 49 CFR 23, Subpart A,
have the maximum opportunity in the performance of contracts and subcontracts financed in whole or in
part with Federal funds. In this regard, the Subgrantee shall take all necessary and reasonable steps in
accordance with 49 CFR 23, exclusive of Subpart D, to insure that Minority Business Enterprises have the
maximum opportunity to compete for and perform contracts.
Page 9 of 10 1197
TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREII�
The Subgrantee and any subcontractor shall not discriminate on the basis of race, color, national origin,
or sex in the award and performance of contracts funded in whole or in part with Federal funds.
These requirements shall be physically included in any subcontract.
Failure to carry out the requirements set forth above shall constitute a breach of this agreement and, after the
notification of the Department, may result in termination of the agreement by the Department or other such remedy
as the Department deems appropriate.
G21. DebarmentlSuspension
The Subgrantee is prohibited from making any award or permitting any award at any tier to any party which is
debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs
under Executive Order 12549, Debarment and Suspension_
The Subgrantee shall require any party to a subcontract or purchase order awarded under this agreement to certify
its eligibility to receive federal grant funds, and, when requested by the Department, to furnish a copy of the
certification.
G22. Signatory Warranty
The signatory for the Subgrantee hereby represents and warrants that shethe is an officer of the organization for
which she/he has executed this agreement and that shelhe has full and complete authority to enter into this
agreement on behalf of the organization. At the time the signatory for the Subgrantee signs the grant agreement,
or within thirty days, he/she will sign a letter designating signature authority by position title for grant -related
documents other than the grant agreement or grant agreement amendments. These other grant -related documents
will include, but not be limited to, the following: cost assumption plan, application for project extension,
administrative evaluation report, requests for reimbursement (RFR), and routine correspondence.
G23. Assurances and Certification
The Subgrantee attests that the assurances included in Attachment C of this agreement and the certification
included in Attachment D of this agreement are accurate and current.
G24. Intellectual Property
Intellectual property consists of copyrights, patents, and any other form of intellectual property rights covering any
data bases, software, inventions, training manuals, systems design, or other proprietary information in any form or
medium.
Copyrights: TxDOT, the [other party to the contract], and the federal government reserve a royalty -free,
nonexclusive, and irrevocable license to reproduce, publish, or otherwise use and to authorize others to use for
government purposes:
the copyright in any works developed under this agreement or under a subgrant or contract under this
agreement; and,
any rights of copyright to which the [other party to the contract], its subgrantee, or contractor purchases
ownership of with financial assistance hereunder.
Patents: Rights to inventions made under this agreement shall be determined in accordance with 37 CFR 401. The
standard patent rights clause at 37 CFR §401.14 as modified below is hereby incorporated by reference:
• the terms "to be performed by a small business firm or domestic nonprofit organization" shall be deleted
from paragraph (gxl) or the clause;
• Paragraphs (g)(2) and (g)(3) of the clause shall be deleted; and
• Paragraph (1) of the clause entitled "Communications," shall read as follows:
• (1) Communications. All notifications required by this clause shall be submitted to TxDOT.
Page 10 of 10 1197
ATTACEMMNT A
APPROVED PROJECT DESCRIPTION
SUMMER WAVES
(STEP - Selective Traffic Enforcement Projects)
City of Lubbock
SUBGRANTEE
I. AUTHORIZATION:
This grant implements Task C, of 98-04-02 of the FY98 Highway Safety Plan.
II. PROBLEM STATEMENT:
Results of special Selective Traffic Enforcement Projects (STEPS) conducted in Texas
affirm that coordinated waves of enforcement, surveys, and public information and
education are feasible, manageable, and highly effective in reducing traffic -related
fatalities, injuries, and costs. Reports from these STEP Waves show significant
increases in safety belt use rates and speed compliance, high-level law enforcement
participation, and extensive publicity generated from both state and community
program activity.
Seasonal problems are evident in traffic with alcohol, safety belts and/or speeding.
These trends can be addressed by focusing on the key issue(s) of safety during peak
times such as speed and seat belt enforcement during the summer holidays.
Speeding continues to be a major contributor to traffic crashes and resulting injuries
and fatalities, not only on our State's highways, but on all types of roadways within
our cities and towns as well. Law enforcement entities have the opportunity through
Summer Waves to focus their enforcement efforts on those streets and roadways that
have a high number of speed -related crashes and/or experience high rates of
noncompliance with the posted speed limits.
The Subgrantee named herein has identified roadways that have been found to have
substantial degrees of noncompliance with posted speed limits within city or town
limits.
One of the best defenses against a drunk or speeding driver is a properly worn safety
belt. According to the National Safety Council, people who wear safety belts have a
45% better chance of surviving a serious traffic crash and a 50% better chance of
surviving without severe injuries. The State of Texas has had a Mandatory Use Law
(MUL) for safety belts for the past 12 years. Since that time, Texas has seen safety
belt use rise to among the highest levels in the country. In 1997, according to the
Texas Transportation Institute (TTI), Texas A&M University, the percent of drivers
SUMMER.WAVE 4/98
Page 1 of 8
IV.
restrained in 18 Texas cities was approximately 79.4%. A statewide weighted estimate
of safety belt use for front seat occupants in 1997 was 74.59%.
The child passenger restraint law was implemented in 1984 for infants and children
from birth to 4 years of age to protect them while riding in a car or light truck.
According to TTI, the statewide usage for this age group in 1997 was 63%.
A goal of the National Initiative is to attain 85 % safety belt usage by the year 2000 and
decrease child occupant fatalities (0 - 4) by 15 % by the year 2000.
The Subgrantee will conduct speed and safety belt surveys in the targeted cities to
determine local usage and speed rates for each wave conducted.
This project will reduce speeds in excess of the posted speed limit and increase safety
belt and safety seat usage rates through a wave of enhanced enforcement and public
information and education efforts.
OBJECTIVES:
In each targeted city:
A. Reduce the percentage of vehicles exceeding the speed limit from the pre- to
post -surveys by:
5 percentage points for the Memorial . Day wave
5 percentage points for the Independence Day wave
5 percentage points for the Labor Day wave
B. Increase safety belt use among drivers and front seat passengers of and child
passenger restraint use from pre- to post -surveys by:
adults children
5 10 percentage points for the Memorial Day wave,
5 10 percentage points for the Independence Day wave,
5 10 percentage points for the Labor Day wave.
C. Incorporate pre- and post -public information and education (PI&E) efforts into
the Summer Wave activities.
Nothing in this agreement shall be interpreted as a requirement, formal or informal,
that a police officer issue a specified or predetermined number of citations in pursuance
of the Subgrantee's obligations hereunder.
RESPONSIBILITIES OF THE SUBGRANTEE:
A. Carry out the objectives of this grant by implementing the Action Plan in this
SUMMER.WAVE 4/98
Page 2 of 8
attachment.
B. All newly developed public information and education (PI&E) materials must be
submitted to the Department's Traffic Operations Division, Traffic Safety
Section (TRF-TS), for written approval prior to final production. Reproduction
of National Highway Traffic Safety Administration or other federal government
endorsed material already approved is permissible without Department
approval. Prior to the development of any materials, the Subgrantee will contact
the Department regarding the procedures for producing, distributing,
maintaining, and reporting on the use of PI&E materials.
C. An Administrative Evaluation summarizing all activities and accomplishments
will be submitted on Department approved forms no later than 45 days after the
grant ending date.
D. Attend meetings according to the following:
1. The Subgrantee will arrange for a meeting with the Department to
present status of activities and discuss problems and scheduling.
2. The project coordinator or other qualified person will be available to
represent the Subgrantee at meetings requested by the Department.
E. For out-of-state travel expenses to be reimbursable, the Subgrantee must have
obtained the approval of the Department prior to the beginning of the trip. A
copy of the documentation of that approval must accompany the Request for
Reimbursement. Grant approval does not satisfy this requirement.
F. Maintain verification that wages or salaries for which reimbursement is
requested is for work exclusively related to this project.
G. In addition to the Summer Wave enforcement activities, maintain the agency's
total non -STEP enforcement citations at no less than the level attained prior to
grant approval.
H. Ensure that the enforcement hours worked under the grant are for Summer
Wave activities.
I. Ensure that each officer working on the Summer Wave project will complete an
officer's daily report form. At a minimum, the form should include: name,
date, badge number, type grant worked, grant site number, mileage (including
starting and ending mileage), hours worked, type citation/arrest, officer and
supervisor signatures.
J. Ensure that no officer above the rank of Lieutenant will be reimbursed for
enforcement duty.
SUMMER.WAVE 4/98
Page 3 of 8
K. Support grant enforcement efforts with public information and education.
Enforcement salaries being claimed for PI&E activities must be included in the
budget.
L. Officers assigned to Speed sites should be trained in the use of radar or laser
speed measurement devices.
M. Officers assigned to OP sites should be trained in the Traffic Occupant
Protection Strategies (TOPS) course approved by the Texas Commission on
Law Enforcement Officers Standards and Education (TCLEOSE), the National
Highway Traffic Safety Administration (NHTSA), and the International
Association of Chiefs of Police (IACP).
N. Subgrantees with a Traffic Division will utilize traffic personnel for ,this grant
unless such personnel are unavailable for assignment.
O. Conduct a pre -occupant restraint observational survey and post occupant
restraint observational surveys to establish driver and child restraint
usage rates for each Wave.
P. Prior to conducting Speed enforcement, survey and select enforcement sites that
comply with existing state mandated limits in accordance with the Texas
Transportation Code, Section 545.352.
Q. Schedule Speed enforcement in areas where there is at least a 50%
noncompliance with the posted speed limit and/or a high number of speed
related crashes.
R. Conduct a pre -speed zone measurement for the la Wave and post -speed zone
measurements for each Wave of Speed enforcement to determine impact of
effort.
S. Ensure that salaries for employees reimbursed under this grant will in no way
supplant (ie., replace state or local expenditures with the use of federal grant
funds) Subgrantee wages for activities which are already supported by local or
state funds.
V. RESPONSIBILITIES OF THE DEPARTMENT:
A. Monitor the Subgrantee's compliance with performance obligations and fiscal
requirements of this grant.
B. Provide program management and technical assistance, and attend meetings as
appropriate.
C. Reimburse the Subgrantee for all eligible costs as defined in Attachment B,
SUMMER.WAVE 4/98
Page 4 of 8
Approved Project Budget. Requests for Reimbursement will be processed up to
the maximum amount payable as indicated on the cover page of the agreement.
D. Perform an administrative evaluation of the project at the close of the grant
period to include a review of adherence to budget, Action Plan and attainment
of objectives.
E. Ensure that speed zone measurements are conducted to determine appropriate
Speed sites and pre- and post -wave speed compliance measurements.
F. Ensure that occupant restraint surveys are conducted to determine pre- and post -
wave usage rates.
VI. PERFORMANCE INDICATORS:
The following performance indicators, when applicable, shall be included in each
Performance Report, Annex Report, and summarized in the Administrative Evaluation:
A. Number of Speed and Occupant Protection (OP) citations issued and DWI
arrests during enforcement phase of the Summer Wave.
B. Subgrantee total arrests or citations during the enforcement phase (including
Summer Wave) for each of the following:
1. DWI
2. Speed Over Limit
3. Safety Belt
4. Child Restraint
C. Speed Performance indicators.
1. Number of Speed site enforcement hours worked.
2. Number of Speed citations per enforcement hour.
3. Maintenance of non -Summer Wave STEP Speed citation activity
(see IV.G).
4. Compliance with posted speed limits at Summer Wave STEP sites.
SUMMER.WAVE 4/98
Page 5 of 8
5. Number of speed -related crashes.
D. Occupant Protection Performance Indicators.
1. Number of safety belt/child restraint citations per enforcement hour.
2. Maintenance of non -Summer Wave STEP safety belt and child restraint
activity (see IV.G).
3. Number and results of occupant protection surveys conducted.
4. Percentage point change in observed safety belt and child restraint usage
between pre- and post -surveys.
5. Number of officers working Summer Wave STEP trained in the Traffic
Occupant Protection Strategies (TOPS) course.
b. Number of officers working Traffic Occupant Protection Strategies
(TOPS) Summer Wave STEP.
E. Number of presentations conducted in support of this grant.
F. Number of persons attending presentations.
G. Number of media exposures (i.e., news releases and interviews).
H. Number of community events in which Summer Wave STEP officers
participated (i.e., health or safety fairs, booths).
I. Number of public information and education materials distributed (by item).
VII. OPERATIONAL PLAN:
A. Speed STEP Wave
SITE DESCRIPTION
START OF SHIFT
END OF SHIFT
Citywide
(§VpEd enforcement should be focused on areas where there
First Wave:
Mby 23
Ma 29
SUMMER.WAVE 4/98
Page 6 of 8
is at least a 5001a noncompliance with the posted speed limits
and/or a high number of speed related crashes)
Second Wave:
July 2
July 8
Third Wave:
September. 4
September 10
B. OP STEP Wave
SITE DESCRIPTION
START OF SHIFT
END OF SHIFT
Citywide
First Wave:
(Daylight hours)
May 23
May 29
Second Wave:
July 2
July 8
Third Wave:
September 4
September 10
* If an officer makes a Summer Wave STEP related arrest during the shift, but does not
complete the arrest before the shift is scheduled to end, the officer can continue working under
the grant to complete that arrest.
SUMMER.WAVE 4/98
Page 7 of 8
ACTION PLAN
OBJECTIVE: KEY: P = planned activity
C = completed activity
R = revised
TASK: To fulfill administrative and general grant requirements.
ACTIVITY
RESPONSIBLE
PROJECT MONTH
OC
NO
DE
JA
FB
MR
AP
MY
JN
JL
AU
SE
Or-
NO
1. Grant delivery meeting held.
Department
--
P
2. Requests for Reimbursement submitted
Subgrantee
P
P
P
3. Performance and Annex Reports submitted
Subgtautee
P
P
P
P
4. Summer Wave Data Form submitted
referenced in Objectives A and B.
Subgrantee
P
P
P
5. Grant progress review meeting.
Subgrantee &
Department
P
6. Conduct on -site monitoring visit.
Department
P
7. Administrative Evaluation submitted
Subgrantee
P
8. Submit letter regarding signature authority.
Subgrautee
P
9. Submit operational cost per vehicle mile (if
applicable).
Subgrautee
P
10. Conduct speed zone measurements.
Subgrantee
P
P
P
P
11. Conduct belt use and child restraint
observational sury
Subgrantee
P
P
P
P
SUMMERMAVE 4/98
Page 8 of 8
ACTION PLAN
OBJECTIVE: KEY: P = planned activity
C = completed activity
R = revised
TASK: Conduct public information and education (PI&E) activities.
ACTIVITY
RESPONSIBLE
PROJECT MONTH
OC
NO
DE
JA
FB
MR
AP
MY
JN
X
AU
SE
OC
NO
1. Contact the Department regarding PI&E
procedures and plannin .
Subgrantee
P
P
P
2. Distribute materials.
Subgrantee
P
P
P
P
P
3. Maintain records of all PI&E materials
received/distributed.
Subgrantee
P
P
P
P
P
4. Report on activities.
Subgrantee
P
P
P
P
S. Conduct news conference(s).
Subgrantee
P
P
P
P
P
6. Issue news release(s).
Subgrantee
P
P
P
P
P
7. Conduct presentations.
Subgrantee
P
P
P
P
P
8. Participate in community events (i.e.,
health or safe fairs, booths .
Subgrantee
P
P
P
P
P
SUMMERMAVE 4/98
Page 9 of 8
ATTACHMENT B
APPROVED PROJECT BUDGET
SUMMER WAVE
SUBGRANTEE
(Round figures to nearest $)
BUDGET CATEGORY I _ LABOR COSTS: Federal Funds
(100) SALARIES
(Hourly wage rates are estimated for budget purposes only.
Reimbursement will be based on actual costs per hour, per
employee, and in accordance with subgrantee's payroll policy.)
A. ENFORCEMENT (overtime)
1. Traffic Officers: 327 hours $ 9,932.00
@ 27.01 per how = $ 8,832
2. Sergeants: 34 hours $ 1,023.00
@ 30.09 per hour = $ 1,023
3. Lieutenants: hours $ -0-
@ per how = $
B. STAFF AND SUPERVISORY SUPPORT (not to
exceed 10% of total grant amount)
1. Project Director (overtime): $ 92.00
3 hours @ 30.66 per how = $ 92.00
2. Clerk/data entry: $ 45.00
overtime or regular time;
type X in appropriate blank)
3 hours @ 15.04 per hour = $ 45.00
C. OTHER SALARIES (overtime) $ -0-
(ie. conducting surveys, etc.)
Please identify (Type, # hours, rate):
D. PI&E ACTIVITIES (overtime) $ -0-
(Not to exceed 10% of (100) Salaries)
hours @ $ per hour = $
TOTAL (100) SALARIES $ -0-
SUMMERWAVE 4/98 Page 1 of 2
Federal Funds
(300) TRAVEL AND PER DIEM (actual $ -0-
costs not to exceed state rates)
TOTAL (300) TRAVEL $ -0-
TOTAL LABOR COSTS $ 9,992.00
BUDGET CATEGORY II - OTHER DIRECT COSTS:
(700) OTHER MISCELLANEOUS COSTS
A. MILEAGE (Rate used only for budget $ -0-
estimate. Reimbursement will be
made according to the approved
subgrantee's average cost per mile to operate
patrol vehicles, not to exceed $0.28/mile.
Documentation of cost per mile is required
prior to reimbursement.)
miles @ per mile
TOTAL (700) OTHER MISCELLANEOUS $
TOTAL OTHER DIRECT COSTS $
SUMMARY:
TOTAL LABOR COSTS $ 9,992.00
TOTAL OTHER DIRECT COSTS $ -0-
GRAND TOTAL $ 9,992.00
SUM MR.WAVE 4/98 page 2 of 2
_7E*
Ata..
wn�al�la�
Form 1854
"A
STANDARD ASSURANCES
Attachment C
The Subgrantm 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 -I 10 and A-21, or
OMB Circulars A-I10 and A-122, as they relate to the application, acceptance, and use of federal or state
funds for this project. Also, the Subgrantee assures and certifies to the grant that:
1. It possesses legal authority to apply for the grant; that a resolution, motion, or similar action has been
duly adopted or passed as an official act to 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 (Public Law 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 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.
S. 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.
9. It will comply with all requirements imposed by the sponsoring agency concerning special requirements
of law, program requirements, and other administrative requirements.
Pane 1 of 2
W-EIT.M.1+c
is �• ow
Attachment C continued
10. It will insure that the facilities under its ownership, lease, 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 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 (16 USC 469a-1 et seq.) 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.
13. It will comply with Chapter 573 of the Texas Government Code by insuring that no officer, employee,
or member of the applicant's governing body of the applicants grant shall vote or confirm the
employment of any person related with in the second degree of affinity or third degree by consanguinity
to any member of the governing body or to any other officer employee authorized to employ or
supervise such person. This prohibition shall not prohibit the employment of a person described in
Section 573.062 of the Texas Government Code.
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 Chapter
552 of the Texas Government Code, unless otherwise expressly provided by law.
It will comply with Chapter 551 of the Texas Government Code, which requires all regular, special,
or called meetings of governmental bodies to be open to the public, except as otherwise provided by law
or specifically permitted in the Texas Constitution.
Ege202
A ' ATTAC1iMENT D
Form 1855
"4 DEBARMENT CERTIFICATION
(1) The SUBGRANTEE certifies to the best of its knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible or
voluntarily excluded from covered transactions by any federal department or agency.
(b) Have not within a three-year period preceding this proposal been convicted of or had a civil
judgement rendered against them for commission of fraud or a criminal offenses in
connection with obtaining, attempting to obtain, or performing a federal, state, or local
public transaction or contract under a public transaction; violation of federal or state antitrust
statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, or receiving stolen property.
(c) Are not presently indicted for otherwise criminally or civilly charged by a federal, state, or
local governmental entity with commission of any of the offenses enumerated in paragraph
(1)(b) of this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more
federal, state, or local public transactions terminated for cause or default.
(2) Where the SUBGRANTEE is unable to certify to any of the statements in this certification, such
SUBGRANTEE shall attach an explanation to this certification.
Signature of Certifying Official
Title
Date
Pa e l of 1
ATTACHMENT E
.:r
Fo m 1856
9194 LOBBYING CERTIFICATION
for
Grants, Contracts, Loans, and Cooperative Agreements
The undersigned certifies to the best of his or her knowledge and belief, that:
(1) No federal appropriated funds have been paid or will be paid or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any federal agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any federal contract, the making of any federal grant, the malting of
any federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with this
federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form - LL, "Disclosure Form to Report Lobbying", in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subreceipients shall certify disclosure
accordingly.
This certification is a material representation of fact upon which reliance was placed when its transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $ 10,000 and not more than $100,000 for
each such failure.
Signature
Title
Agency
Date