HomeMy WebLinkAboutResolution - 6167 - Contract - South Plains Emergency Medical Services Inc.- Develop Programs - 01_28_1999-& ��7
Resolution No.6167
Item No. 28
RESOLUTION January 28, 1999
E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a contract to receive
funds to develop new programs, enhance existing programs and increase public
awareness of the opportunities available at Safety City, by and between the City of
Lubbock and South Plains Emergency Medical Services, Inc./RAC and related
documents. Said contract is attached hereto and incorporated in this resolution as if
fully set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council this 28th day of January 1999.
/ I
WINDY •V 14AYOR
ATTEST:
City S
APPROVED AS TO CONTENT:
r
Tommy Gon4lez
Director of Civic Services
APPROVED AS TO FORM:
William de Haas
Competition and Contracts Manager/Attorney
L/ccdocs/SouthPlainsEmergencyMedicalServices.Res
January 15, 1999
Resolution No. 6167
Item No. 28
January 28, 1999
THE CITY OF LUBBOCK
SUBCONTRACT AGREEMENT
SAFE COMMUNITIES PROGRAM
THIS CONTRACT AND AGREEMENT is entered into by and between the parties
shown below as Contracting Parties.
Section 1. CONTRACTING PARTIES:
The Receiving Agency, South Plains Emergency Medical Services, Inc./RAC, hereinafter
referred to as "SPEMS" or as "SUBGRANTEE", and the Perfomling Agency, City of
Lubbock, hereinafter referred to as "COL" or as the "CONTRACTOR".
Section 2. CONTRACT PERIOD:
This contract will begin upon signature herein of both parties and approval by TXDOT,
and end upon completion of the work as specified herein, but no later than September 30,
1999.
Section 3. HISTORY OF PROGRAM:
Overview and Components:
Safety City is a 2 1/2-acre miniature city complete with traffic signals, crosswalks and
small -size automobiles used to teach traffic safety techniques to children. It simulates a
real traffic environment featuring many of the safety hazards children encounter daily.
After completing a two -week in -class study of safety procedures, children will make a
field trip to Safety City. Upon arrival at the miniature city, a trained staff member will
present a short discussion about safety procedures to the children. Afterwards, each child
will have the opportunity to practice the safety techniques taught in the classroom phase
on the streets of Safety City. The children will be divided into either two or three
separate groups depending on their grade classification. Second graders will participate
as pedestrians and bicyclists. Fourth graders will participate as pedestrians, bicyclists and
motorists. The children will rotate throughout the groups in their grade level and thus,
get to practice all safety procedures with the supervision of trained volunteers. Potential
safety "hazards" such as over -passes, construction areas and school zones are included so
that children can learn how to react to these circumstances in a realistic setting. The
entire field trip lasts approximately 90 minutes.
1 of 5
Participants:
Safety City serves approximately 5000 local and area second and fourth grades each year.
Since 1993, over 20,000 children have visited Safety City. Beginning in 1996, area
school districts were asked to participate at Safety City. Frenship I.S.D. and Cooper
I.S.D. both received the curriculum from Lubbock I.S.D. and began that year. The 1997-
1998 school year saw a larger number of students from the outlying school districts
participate, including Morton I.S.D, Whiteface I.S.D. and Slaton I.S.D. Special classes
are arranged for small groups such as pre-schools, Boy Scout and Girl Scout Troops, and
any other organization wishing to visit Safety City.
Partnerships:
Lubbock's Safety City is a partnership between the City of Lubbock Parks and
Recreation Department, Junior League of Lubbock, Lubbock Independent School District
and numerous sponsors. The Junior Leagues of Lubbock initiated the project and
designated a lead gift of $60,000. The City of Lubbock contributed the site for Safety
City, as well as, staff support through the Parks and Recreation Department. Lubbock
Independent School District prepares the curriculum and maintains the scheduling of all
L.I.S.D second and forth grade classes. Members of the Lubbock Chapter of American
Institute of Architects designed the classroom facility and the miniature city. Numerous
businesses, civic groups, PTA's and concerned citizens have contributed to Safety City in
the form of building sponsorships, vehicle sponsorships and in -kind donations.
Funding and Operating Costs:
After the initial investment of sponsorships and donations, the entire bulk of the yearly
expenses lay with the City of Lubbock Park's and Recreation Department. The annual
operating expense for Safety City is approximately $35,000 per fiscal year. Income for
the facility is generated from: fees paid for each child to visit, birthday parties, open
recreation and special events. All expenses are paid out of the City of Lubbock's General
Fund.
Section 4 STATEMENT OF WORK:
A. Ensure that the Action Plan is followed and provisions met.
B. Expand COL's role in educational awareness of traffic, bicycle and pedestrian
safety to the 24 county entire region and increase attendance at Safety City for
new and existing clients by June 1999. Total attendance for fiscal year 1996-1997
at Safety City was 5435. COL will direct Safety City staff to approach school
districts and special interest groups to promote the opportunities available at
Safety City and to schedule classes.
2of5
C. COL shall
1. develop new programs and enhance existing programs at Safety City to meet
the needs of the communities,
2. increase the marketing and promotion of programs at Safety City; which shall
include but not limited to the development of a internet web page, distribution
of program information and promotional items and increase the public
awareness of the programs offered at Safety City,
3. repair or replace existing equipment to better meet the demands of the Safety
City program, to reduce current down time of equipment and to greater utilize
equipment,
4. purchase new equipment (i.e. miniature automobiles; DPS or LPD miniature
patrol cars),
5. distribute safety information supplied by sponsors and additional safety
organizations at Safety City.
Section 5. REPORTING, EVALUATION and PERFORMANCE INDICATORS
A. COL will provide the SUBGRANTEE with quarterly performance/tracking
reports, which shall include participation in all programs and actual
accomplishments.
B. COL shall submit an administrative evaluation summarizing all activities and
accomplishments on forms approved by TXDOT no later than 30 days after the
contract end to date. Evaluation will include monthly participation reports,
wages of part-time staff, new programs, and Performance Indicators, when
applicable, as explained in the SPEMS Project Description and all additional
information required by SPEMS and TXDOT.
Section 6. PROGRAM REIMBURSEMENT
A. Invoices shall be submitted quarterly. CONTRACTOR shall ensure that all costs
incurred and reported are included in Attachment B: PROGRAM BUDGET,
which is hereby made a part of this contract. Payments shall be made on a
reimbursement basis only. Each billing is to show the time period covered by
that billing and adequately detail all items. Invoices will reflect all expenses and
wages per quarter and be adequately detailed for SPEMS to determine the validity
of same.
B. CONTRACTOR shall submit its final request for payment and all performance
and other reports that are required under the contract to be received by SPEMS no
later than 30 days after the contract end date. SPEMS shall not be liable for any
costs incurred by the CONTRACTOR in the performance of the contract which
have not been received by SPEMS within the aforementioned time frame.
3 of 5
APPROVED AS TO CONTENT:
0
Tommy Goizalez
el -
Director of Civic Services
APPROVED AS TO FORM:
. --- 1. H�
William de Haas
Competition and Contracts Manager
5 of 5
OBJECTIVE: To increase Child traffic safety awareness
ACTION PLAN 98-99
KEY: p = planned activity
c = completed activity
r = revised
TASK: To Expand the use of Safety City region wide and increase local participation.
ACTIVITY
RESPONSIBLE
PROJECT MONTH
OC
NO
DE
JA
FE
MR
AP
MY
JN
JL
AU
SE
OC
NO
1. Visit school districts/ special interest groups
COL
C
p
P
p
p
p
2. Marketing/ Promotion of Safety City.
COL
c
c
C
p
P
p
P
p
p
p
p
p
P
3. Equipment Repair.
COL
C
C
c
p
P
p
P
p
p
p
p
p
P
4. Purchase new equipment.
COL
P
P
p
p
S. Distribute safety information.
COI,
c
c
p
P
p
P
p
p
p
P
p
P
6. Presentations to community groups
COL
c
C
c
p
P
P
P
p
p
p
P
p
P
7. Develop local partners
COL
c
c
C
p
P
p
P
p
p
p
p
p
p
8. Submit performance reports
COL
C
p
p
p
p
9. Submit request for reimbursement
COI,
p
p
P
p
Attachment 1
GENERAL TERMS AND CONDITIONS
for
SUBCONTRACTS
I. Indemnification
To the extent permitted by law, the Contractor, if other than a State agency, shall save harmless
the Subgrantee 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 Subgrantee from any and
all expenses, including attorney fees, all court costs and awards for damages, incurred by the
Subgrantee 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 Subgrantee from and against all claims, demands and
causes of action of every kind and character brought by any employee of the Contractor against
the Subgrantee 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 Subgrantee.
2. Inspection of Work
The Subgrantee and, when federal funds are involved, the U. S. Department of Transportation
and the Texas Department of Transportation, or 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, 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.
3. 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 agreement work.
Disputes concerning performance or payment shall be submitted to the Subgrantee for settlement
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.
Page 1 of 9 10197
General Tenns & Conditions for Subcontracts Attachment 1
4. 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 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 fee, gift, or any other consideration contingent upon or resulting from the
award or making of this agreement. If the Contractor breaches or violates this warranty, the
Subgrantee 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.
5. Reporting
Not later than thirty days after the end of contract period, as designated in Article 2, the
Contractor shall submit a performance report using forms provided or approved by the
Subgrantee. The performance report will include as a minimum (1) a comparison of actual
accomplishments to the objectives established for the agreement, (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 performance report within 30 days after completion of the
agreement.
The Contractor shall promptly advise the Subgrantee in writing of events which have a
significant impact upon the agreement, including:
a. 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 Subgrantee, State, or
Federal assistance needed to resolve the situation.
b. Favorable developments or events that enable meeting time schedules and objectives
sooner than anticipated or producing more work units than originally projected.
6. 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 agreement period and for four years from the date of
the final performance report under the agreement. Such materials shall be made available during
the specified period for inspection by the Subgrantee, the Texas Department of Transportation,
or the U.S. Department of Transportation and the Office of the Inspector General, if the
agreement is federally funded, and any of their authorized representatives for the purpose of
making audits, examinations, excerpts, and transcriptions. The Contractor shall retain all records
until final completion of any litigation.
Page 2 of 9 10197
General Terms & Conditions for Subcontracts Attachment 1
7. 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 OMB Circular A-133,
"Audits of States, Local Governments, and Other Non -Profit Organizations," as appropriate.
8. Subcontracts
Any subcontract for professional services rendered by individuals or organizations not a part of
the Contractor's organization shall not be executed without prior authorization and approval of
the subcontract by the Subgrantee and the Texas Department of Transportation.
Subcontracts in excess of $25,000 shall contain all required provisions of this agreement.
No subcontract will relieve the Contractor of its responsibility under this agreement.
9. Termination
The Subgrantee may terminate this agreement at any time before the date of completion
whenever it is determined that the Contractor has failed to comply with the conditions of the
agreement. The Subgrantee 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 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.
The Subgrantee may terminate this contract at any time, or limit expenditures under this contract,
if federal funds are not available for payment of services provided under this contract.
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 Contractor shall, at the option of the Subgrantee,
become the property of the Subgrantee.
The Subgrantee shall compensate the Contractor 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 Subgrantee. The Contractor shall not incur new obligations for the terminated
portion after the effective date of termination.
Except with respect to defaults of subcontractors, the Contractor shall not be in default by reason
of any failure in performance of this agreement 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.
Page 3 of 9 10197
General Terms & Conditions for Subcontracts Attachment 1
10. Gratuities
Texas Transportation Commission policy mandates that employees of the Texas Department of
Transportation 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 here above. Failure on the part of the Contractor to
adhere to this policy may result in termination of this agreement.
11. 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 agreement, 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 Subgrantee with
satisfactory proof of its compliance therewith.
12. Successors and Assigns
The Subgrantee 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.
The Contractor shall not assign, sublet, or transfer its interest and obligations in this agreement
without written consent of the Subgrantee.
13. Ownership of Documents
Upon completion or termination of this agreement, all documents and other materials prepared
by the Contractor or furnished to the Contractor by the Subgrantee shall be delivered to and
become the property of the Subgrantee. All sketches, photographs, films, calculations, and other
data prepared under this agreement shall be made available, upon request, to the Subgrantee
without restriction or limitation of their further use.
14. Resources
The Contractor warrants that it presently has adequate qualified personnel in its employment for
performance of services required under this agreement, or will be able to obtain such personnel
from sources other than the Subgrantee.
Unless otherwise specified, the Contractor shall furnish all equipment, materials, and supplies
required to perform the work authorized herein.
Page 4 of 9 10197
General Terms & Conditions for Subcontracts
Attachment 1
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 Subgrantee, is incompetent, or whose conduct becomes detrimental to the work, shall
immediately be removed from association with the project.
15. 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 Subgrantee or purchased pursuant to
this agreement in accordance with its own property management procedures, provided that the
procedures are not in conflict with the Subgrantee'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."
16. 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."
17. Reimbursement/Cost Principles
a. The method of payment for this contract will be based on fixed price per course or
actual costs incurred up to and not to exceed the limits specified in Section IV, Contract Amount.
b. 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. However, the Contractor must provide written notification to the Subgrantee of a
change of 5% 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 result of exceeding a budget category without a
written contract amendment.
c. To be eligible for reimbursement under this contract, a cost must be incurred in
accordance with the Approved Project Budget and within the contract period specified in Section
N, Term of Contract.
Page 5 of 9 10197
General Terms & Conditions for Subcontracts Attachment 1
d. 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, or,
A-87, Cost Principles for State and Local
Governments.
e. The Contractor agrees to submit monthly or quarterly requests for reimbursement, as
designated in Section II, Statement of Services to be performed, within 30 days after the end of
the billing period. The Contractor will use billing statements acceptable to the Subgrantee. The
original billing statement and two copies are to be submitted to the Subgrantee.
f. The Contractor agrees to submit the final request for reimbursement under the
contract within sixty (60) days of the end of the contract period.
g. The Subgrantee 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.
18. Insurance
When directed by the Subgrantee, 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 Subgrantee 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 TxDOT Form 20.102 (12/91) to the Subgrantee, and shall maintain the insurance
during the subcontract period established in Article 1.
19. 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).
20. Nondiscrimination
During the performance of this agreement, the Contractor, its assigns and successors in interest,
agrees as follows:
a. Compliance with Regulations: The Contractor shall comply with the regulations
relative to nondiscrimination in federally assisted programs of the U.S. Department of
Transportation, Title 49, Code of Federal Regulations, Part 21 and Title 23 , Code of Federal
Regulations, Part 710.405(b), as they may be amended from time to time (hereinafter referred to
as the Regulations), which are herein incorporated by reference and made a part of this
agreement.
Page 6 of 9 10197
General Terms & Conditions for Subcontracts Attachment 1
b. Nondiscrimination: The Contractor, 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 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 agreement covers a program set forth in Appendix B of the Regulations.
c. 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 agreement and the Regulations relative to
nondiscrimination on the grounds of race, color, sex, or national origin.
d. 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 Subgrantee, the Texas Department of Transportation, 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 Subgrantee,
Texas Department of Transportation, or the U.S. Department of Transportation as appropriate,
and shall set forth what efforts it has made to obtain the information.
e. Sanctions for Noncompliance: In the event of the Contractor's noncompliance with
the nondiscrimination provisions of this agreement, the Subgrantee, or the Texas Department of
Transportation 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 Contractor under the agreement until the Contractor
complies, and/or
• cancellation, termination, or suspension of the agreement in whole or in partf.
Incorporation of Provisions: The Contractor shall include the provisions of paragraphs
a through f 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 Subgrantee may direct as a
means of enforcing such provisions including sanctions for noncompliance; provided, however,
that in the event a subcontractor becomes involved in, or is threatened with litigation with
another subcontractor or supplier as a result of such direction, the Contractor may request the
Subgrantee to enter into such litigation to protect the interests of the Subgrantee; in addition, the
Contractor may request the United States to enter into such litigation to protect the interests of
the United States.
Page 7 of 9 10197
General Terms & Conditions for Subcontracts
Attachment 1
21. 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
agreement as follows:
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.
• 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 this agreement
and, after the notification of the Subgrantee, may result in termination of the agreement by the
Subgrantee or other such remedy as the Subgrantee deems appropriate.
22. Debarment/Suspension
The Contractor is prohibited from making any award or permitting any award at any tier to any
party which is debarred or suspended or otherwise excluded from or ineligible for participation in
federal assistance programs under Executive Order 12549, Debarment and Suspension. The
Contractor shall require any party to a subcontract or purchase order awarded under this
agreement to certify its eligibility to receive federal grant funds, and, when requested by the
Subgrantee, to furnish a copy of the certification.
23. Signatory Warranty
The signatory for the Contractor hereby represents and warrants that she/he is an officer of the
organization for which she/he has executed this agreement and that she/he has full and complete
authority to enter into this agreement on behalf of the organization. At the time the signatory for
the Contractor signs the contract agreement, or within thirty days, he/she will sign a letter
designating signature authority by position title for contract -related documents other than the
contract agreement or contract agreement amendments. These other contract -related documents
will include, but not be limited to, the following: application for project extension,
administrative evaluation report, requests for reimbursement (RFR), and routine correspondence.
Page 8 of 9 10197
General Terms & Conditions for Subcontracts
24. Assurances and Certification
Attachment 1
The Contractor 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.
25. Clean Air & Water Act
Contractor agrees to comply with all applicable standards, orders, or requirements issued under
Section 306 of the Clean Air Act (42 USC 1857[h]); Section 508 of the Clean Water Act (33
USC 1368); Executive Order 11738, and Environmental Protection Agency regulations (40 CFR
15). Contractor further agrees to report violations to the grantor agency.
Page 9 of 9 10197
Attachment B
APPROVED PROJECT BUDGET
City of Lubbock
Safety City
BUDGET CATEGORY I- LABOR COSTS:
Salaries:
Part Time: (does not include
maintenance personnel- 860 hrs@ $15/hr.)
Full Time:
TOTAL SALARIES:
Fringe Benefits:
TOTAL FRINGE BENEFITS
Travel and Per Diem:
TOTAL TRAVEL & PER DIEM
TOTAL LABOR COSTS
BUDGET CATEGORY H - OTHER DIRECT COST:
Equipment: (specify type/quantity)
Repair or replace engines in miniature automobiles
Additional equipment and parts as needed (seat belts
Brakes, clutches, carburetors, etc.)
2 new miniature automobiles (15 existing)
TOTAL EQUIPMENT
Supulies:
Local/
State
Federal Funds
Funds Feb -set TOTAL
5000.00
7875.00
5555.00
5000.00 13,430.00
0.00
0.00
0.00
0.00
500.00
0.00
500.00
0.00
5500.00 13,430.00
3000.00
1500.00
2400.00
4500.00
2000.00
0.00
12,875.00
5,555.00
18,430.00
0.00
0.00
500.00
500.00
18,930.00
6900.00 6500.00 13,400.00
7500.00
3500.00
2400.00
Postage, printing and office supplies, etc.)
600.00
500.00
1100.00
TOTAL SUPPLIES
600.00
500.00
1100.00
Contractual Services:
0.00
200.00
0.00
TOTAL CONTRACTUAL SERVICES:
0.00
200.00
200.00
Page 1 of 2
Attachment B
Other Miscellaneous: fsnecif
A. Public information and educational
materials
1. Educational materials:
(example: flyers, brochures
etc.) 1500.00 0.00 1500.00
2. Promotional items:
(pencils, pens, etc.) 1500.00 0.00 1500.00
TOTAL OTHER MISCELLANEOUS 3000.00 0.00 3,000.00
TOTAL OTHER DIRECT COSTS 10,500.00 7200.00 17,700.00
SUMMARY:
TOTAL LABOR COSTS 5500.00 13,430.00 18,930.00
TOTAL OTHER DIRECT COSTS 10,500.00 7200.00 17,700.00
GRAND TOTAL 16,000.00 20,630.00 36,630.00
Fund Source: 44% 56%
Page 2 of 2
d Trirsyarl�tron
Form 1854
9./94
STANDARD ASSURANCES
Attachment C
The Subgrantee hereby assures and certifies that it will comply with the regulations, policies,
guidelines, and requirements, including 49 CFR 18 and OMB Circular A-87, or OMB Circulars
A-110 and A-21, or OMB Circulars A-110 and A-122, as they relate to the application,
acceptance, and use of federal or state funds for this project. Also, the Subgrantee assures and
certifies to the grant that:
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.
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.
5. It will comply with the provisions of the Hatch Act which limit the political activity of
employees.
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.
Pa e I of 2
Standard Assurances
TxDOT form 1354
9J94
Attachment C continued
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.
M 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 se ,) 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.
Page 2 o2
ATTACHMENT D
of 1 r � pprfavon
ra«n Bess
9/W DEBARMENT CERTIFICATION
(t) 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.
All,f!�'��
Signature of Certifying Official
Title
Date
Page I of I
Section 7. MAXIMUM CONTRACT AMOUNT:
A. The total amount of this Contract shall not exceed $16,000.
Section 8. ATTACHMENTS:
A. COL shall abide by the provisions within the following Attachments, which are
attached hereto and incorporated herein:
♦ Attachment 1: General Terms and Conditions for Subcontracts
♦ Attachment B: Approved Project Budget
♦ Attachment C: Standard Assurances
♦ Attachment D:Debarment Certification
By execution of this agreement both parties are bound to the mutual obligations,
provisions and assurances contained in this contract. The persons signing and
executing this contract have been fully authorized by the contracting parties to
validly and legally bind the parties in this agreement.
Executed to be effective as of the date executed by both parties and approved by
TXDOT.
CITY OF LUBBOCK
jAk
y:
Name: WINDY •
Title: MAYOR
Date: January 28, 1999
ATTEST:
Kaytdetary
arnell
City
South Plains Emergency
Medical Services, Inc.
By, '' �-
Name:
Title: /
Date:
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