HomeMy WebLinkAboutResolution - 2004-R0192 - Grant Agreement For Click It Or Ticket Program - 04_22_2004Resolution No. 2004-RO192
April 22, 2004
Item No. 22
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS:
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 $20,492 Grant Agreement for the Click It
or Ticket Selective Traffic Enforcement Program, and any associated documents, by and
between the City of Lubbock and the Texas Department of Transportation. Said Grant
Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and
shall be included in the minutes of the Council.
Passed by the City Council this 22nd
ATTEST:
Rebecca Garza, CitySecretary
APPROVED AS TO CONTENT:
Claude Jones, Chief of Police
APPROVED AS TO FORM:
1h1d'647 �
old Will d, Asst. City Altomey
js/ccdocs/Reso-Click It or Tkt Campaign.res
April 8, 2004
day of April , 2004.
A C OU AL, MAYOR
P.O. Box 2000 • 916 Texas Ave.
Lubbock, Texas 79457
(806) 775-2765 • Fax: (806) 775-2662
Date April 12, 2004
Karen Peoples
Traffic Safety Specialist
Texas Department of Transportation
135 Slaton Road
Lubbock, Texas 79404-5201
RE: FY 2004 CLICK IT OR TICKET STEP
Dear Karen:
Resolution No. 2004-RO192
Police Department
Patrol Division
I hereby authorize any of the following officials to sign the aforementioned grant -related documents:
Captain Roger Ellis
Sergeant Ronnie Sowell
These documents may include, but are not limited to: requests for reimbursement, performance reports, cost
assumption plan, project extension request, and the administrative evaluation for the fiscal year.
Sincerely,
r McDougal, a3yor
Resolution No. 2004—RO192
— For TxDOT Use Only —
® Federal Pass Through Misc. Contract Number: 584XXF6147
Grant Funds CFDA #20.604 Charge Number: 04-04-05-DIAY
❑ State Grant Funds Project Year: 2004
PIN (14 characters only): 17560005906000
TEXAS 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
called the Subgrantee, and becomes effective when fully executed by both parties. For the purpose of
this agreement, the Subgrantee is designated as a(n):
❑ State Agency
® Unit of Local Government
❑ Other (describe):
❑ Non -Profit Organization
❑ Educational Institution
AUTHORITY: Texas Transportation Code, Chapter 723, the Traffic Safety Act of 1967, and the
Highway Safety Plan for the following Fiscal Year(s) 2004.
Project Title: STEP - CIOT
Brief Project Description: To conduct a two week occupant protection enforcement effort during the
Memorial Da Hy oliday period.
Grant Period: The Grant becomes effective on May 1, 2004, or on the date of final signature of both
parties, whichever is later, and ends on September 30, 2004 unless terminated or otherwise modified.
Maximum Amount Eligible for Reimbursement: $20,492.
The following attachments are incorporated as indicated as a part of the Grant Agreement:
■ Attachment A, Mailing Addresses
■ Attachment B, General Terms and Conditions (TxDOT Form 1854)
■ Attachment C, Project Description (TxDOT Form 2076)
■ Attachment D, Action Plan (TxDOT Form 1852)
■ Attachment E, Project Budget (TxDOT Form 2077 or 2077-LE)
® Attachment F, Operational Plan (TxDOT Form 2109) (for Selective Traffic Enforcement
Program grants only)
Page I of 2 TxDOT Form 2075 (rev. 912512003)
Project Title: STEP - CIOT
TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
The signatory for the Subgrantee 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
Subgrantee signs the Grant Agreement, she/he will sign and submit to the Department 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: performance reports, final performance report and administrative evaluation report, Requests
For Reimbursement (RFRs), and routine correspondence.
THESUBGRANTEE
City Of Lubbock
[Legal Name of Agency] /j
[Name]
Mayor
[Title]
Date: April 22, 2004
Under authority of Ordinance or Resolution
Number (for local governments):
ATTEST: )P"
Rebecc Garza, City Sec.
Sec.
THE STATE OF TEXAS
Executed for the Executive Director and approved
for the Texas Transportation Commission for the
purpose and effect of activating and/or carrying
out orders, established policies or work programs
approved and authorized by the Texas
Transportation Commission.
District E i er
Texas DeAartrhent of
(For local project grants under $100,000 or
for grants of $100,000 or more that are
recommended for approval.)
Date: �I� J�
LM
Director, Traffic Operations Division
Texas Department of Transportation
(Not required for local project grants under
$100,000.)
Date:
Page 2 of 2 TrDOT Form 2075 (rev. 91252003)
Attachment A
Project Title: STEP - CIOT
Mailing Addresses
For the purpose of this agreement, the following addresses shall be used to mail all required notices,
reports, claims, and correspondence. (NOTE: For warrants (checks), the address indicated by the
electronic mail code, which is the last three digits of the PIN on page 1 of this Grant Agreement, shall be
used for disbursing payments. If that address is not where the Subgrantee wants warrants or checks to be
sent, the Subgrantee needs to notify the Department of any appropriate changes.
For Subgrantee (Project Director):
Name: Ronnie Sowell
Title: Sergeant, Traffic
Organization: Lubbock Police Department
Address: 916 Texas
Lubbock, Tx 79401
Phone: 806-775-2732
Fax: 806-775-2662
E-mail: rsowell@mail.ci.lubbock.tx.us
Note: Any change in the Subgrantee information in this Attachment A, Mailing Addresses, does not
require an amendment to the Grant Agreement. However, the Subgrantee must submit a letter with the
corrected information to the Department address below within 15 days of the change.
For Texas Department of Transportation:
Name: Karen Peoples
Title: Traffic Safety Specialist
Organization: Texas Department Of Transportation
Address: 135 Slaton Road
Lubbock, Texas 79404-5201
Phone: 806-748-4478
Fax: 806-748-4381
E-mail: kpeople@dot.state.tx.us
Page I of 1 TxDOT Form 2075 (rev. 91252003)
Attachment B
Project Title: STEP- Memorial Day_ Holiday CIOT
Texas Traffic Safety Program
GRANT AGREEMENT GENERAL TERMS AND CONDITIONS
ARTICLE 1. COMPLIANCE WITH LAWS
The Subgrantee shall comply with all federal, state, and local laws, statutes, codes, 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, nondiscrimination laws and
regulations, and licensing laws and regulations. When required, the Subgrantee shall furnish the
Department with satisfactory proof of its compliance therewith.
ARTICLE 2. STANDARD ASSURANCES
The Subgrantee hereby assures and certifies that it will comply with the regulations, policies, guidelines,
and requirements, including 49 CFR, Part 18; 49 CFR, Part 19 (OMB Circular A-110); OMB Circular
A-87; OMB Circular A-102; OMB Circular A-21; OMB Circular A-122; OMB Circular A-133; and the
Traffic Safety Program Manual, as they relate to the application, acceptance, and use of federal or state
funds for this project. Also, the Subgrantee assures and certifies that:
A. It possesses legal authority to apply for the grant; and that a resolution, motion, or similar action has
been duly adopted or passed as an official act of the applicant's governing body, authorizing the
filing of the application, including all understandings and assurances contained therein, and directing
and authorizing the person identified as the official representative of the applicant to act in
connection with the application and to provide such additional information as may be required.
B. It and its subcontractors will comply with Title VI of the Civil Rights Act of 1964 (Public Law 88-
352), as amended, and in accordance with that Act, no person shall discriminate, on the grounds of
race, color, sex, national origin, age, religion, or disability.
C. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real
Property Acquisitions Act of 1970, as amended; 42 USC §§4601 et seq.; and United States
Department of Transportation (USDOT) regulations, "Uniform Relocation and Real Property
Acquisition for Federal and Federally Assisted Programs," 49 CFR, Part 24, which provide for fair
and equitable treatment of persons displaced as a result of federal and federally assisted programs.
D. It will comply with the provisions of the Hatch Political Activity Act, which limits the political
activity of employees. (See also Article 25, Lobbying Certification.)
E. It will comply with the federal Fair Labor Standards Act's minimum wage and overtime requirements
for employees performing project work.
F. 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.
G. It will give the Department the access to and the right to examine all records, books, papers, or
documents related to this Grant Agreement.
H. It will comply with all requirements imposed by the Department concerning special requirements of
law, program requirements, and other administrative requirements.
Page 1 of 11 TxDOT Form 1854 (rev. 311912004)
Attachment B
Project Title: STEP. Memorial Day Holiday CIOT
I. It recognizes that many federal and state laws imposing environmental and resource conservation
requirements may apply to this Grant Agreement. Some, but not all, of the major federal laws that
may affect the project include: the National Environmental Policy Act of 1969, as amended, 42 USC
§§4321 et seq.; the Clean Air Act, as amended, 42 USC §§7401 et seq. and sections of 29 USC; the
Federal Water Pollution Control Act, as amended, 33 USC §§1251 et seq.; the Resource
Conservation and Recovery Act, as amended, 42 USC §§6901 et seq.; and the Comprehensive
Environmental Response, Compensation, and Liability Act, as amended, 42 USC §§9601 et seq. The
Subgrantee also recognizes that the U.S. Environmental Protection Agency, USDOT, and other
federal agencies have issued, and in the future are expected to issue, regulation, guidelines,
standards, orders, directives, or other requirements that may affect this Project. Thus, it agrees to
comply, and assures the compliance of each contractor and each subcontractor, with any such federal
requirements as the federal government may now or in the future promulgate.
It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood
Disaster Protection Act of 1973, 42 USC §4012a(a). 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.
K. It will assist the Department in its compliance with Section 106 of the National Historic Preservation
Act of 1966 as amended (16 USC 470 et seq.), Executive Order 11593, and the Antiquities Code of
Texas (National Resources Code, Chapter 191).
L. It will comply with Chapter 573 of the Texas Government Code by ensuring that no officer,
employee, or member of the Subgrantee's governing board or the Subgrantee's subcontractors shall
vote or confirm the employment of any person related within the second degree of affinity or third
degree by consanguinity to any member of the governing body or to any other officer or employee
authorized to employ or supervise such person. This prohibition shall not prohibit the employment
of a person described in Section 573.062 of the Texas Government Code.
M. It will ensure 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.
N. If applicable, 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.
ARTICLE 3. 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 E, Traffic Safety 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 specified in paragraph B hereunder. If Attachment E, Traffic Safety 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 E, Traffic Safety Project
Budget. The Subgrantee's expenditures may overrun a budget category in the approved Project
Page 2 of 11 TxDOT Form 1854 (rev. 311912004)
Attachment B
Project Title: STEP- Memorial Day Holiday CIOT
Budget without a grant (budget) amendment, as long as the overrun does not exceed five (5) percent
of the maximum amount eligible for reimbursement in the budget for the covered fiscal year and
there is also a commensurate underrun elsewhere in the Project Budget. The Subgrantee must
provide written notification to the Department of an overrun of five (5) percent or less in order for
there to be approval of the Request for Reimbursement. This notification must be in the form of an
attachment to the Request for Reimbursement that covers the period of the overrun. This attachment
must indicate the amount, the percent change, and the specific reason(s) for the overrun. Any
overrun of more than five (5) percent of the amount eligible for reimbursement in the budget for the
covered fiscal year requires an amendment of this Grant Agreement. The maximum amount eligible
for reimbursement shall not be increased above the total Department (TxDOT) amount in the
approved Project Budget as a result of exceeding a budget category without a written grant
amendment.
C. To be eligible for reimbursement under this Agreement, a cost must be incurred in accordance with
Attachment E, Traffic Safety Project Budget, within the time frame specified in Grant Period on
page 1 of this Grant Agreement, attributable to work covered by this Agreement, and which has been
completed in a manner satisfactory and acceptable to the Department.
D. Federal funds cannot supplant (replace) funds from any other sources. The term "supplanting,"
refers to the use of federal funds to support personnel or an activity already supported by local or
state funds.
E. 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 Institutions of Higher Education;
• A-87, Cost Principles for State, Local, and Indian Tribal Governments; or,
• A-122, Cost Principles for Nonprofit Organizations.
F. The Subgrantee agrees to submit monthly or quarterly Requests for Reimbursement, as designated in
Attachment D, Action Plan, within thirty (30) days after the end of the billing period. The
Subgrantee will use billing forms acceptable to the Department. The original Request for
Reimbursement, with the appropriate backup documentation, must be submitted to the Department
address shown on Attachment A, Mailing Addresses, of this Agreement. In addition, a copy of the
Request for Reimbursement and appropriate backup documentation, plus three (3) copies of the
Request for Reimbursement without backup documentation, must be submitted to this same address.
G. The Subgrantee agrees to submit the final Request for Reimbursement under this Agreement within
forty-five (45) days of the end of the grant period.
H. The Department will exercise good faith to make payments within thirty (30) days of receipt of
properly prepared and documented Requests for Reimbursement. Payments, however, are contingent
upon the availability of appropriated funds.
I. Project agreements supported with federal funds are limited to the length of this Grant Period, which
is specified on page 1 of this Grant Agreement. If the Department determines that the project has
demonstrated merit or has potential long-range benefits, the Subgrantee may apply for funding
assistance beyond the initial Agreement period. Preference for funding will be given to those
projects for which the Subgrantee has assumed some cost sharing, those which propose to assume the
largest percentage of subsequent project costs, and which have demonstrated performance that is
acceptable to the Department.
Page 3 of 11 TxDOT Form 1854 (rev. 31192004)
_ Attachment B
Project Title: STEP- Memorial Day Holiday CIOT
ARTICLE 4. LIMITATION OF LIABILITY
Payment of costs incurred hereunder is contingent upon the availability of funds. If at any time during
this Grant 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 this Agreement, as
specified in Article 11 of this Agreement. If at the end of a federal fiscal year, the Department
determines that there is sufficient funding and performance to continue the project, the Department may
so notify the Subgrantee to continue this agreement.
ARTICLE 5. AMENDMENTS
This Agreement may be amended prior to its expiration by mutual written consent of both parties,
utilizing the Grant Agreement Amendment designated by the Department. Any amendment must be
executed by the parties within the Grant Period, as specified on page 1 of this Grant Agreement.
ARTICLE 6. ADDITIONAL WORK AND CHANGES IN WORK
If the Subgrantee is of the opinion that any assigned work is beyond the scope of this Agreement and
constitutes additional work, the Subgrantee shall promptly notify the Department in writing. If the
Department finds that such work does constitute additional work, the Department shall so advise the
Subgrantee and a written amendment to this Agreement will be executed according to Article 5,
Amendments, to provide compensation for doing this work on the same basis as the original work. If
performance of the additional work will cause the maximum amount payable to be exceeded, the work
will not be performed before a written grant amendment is executed.
If the Subgrantee has submitted work in accordance with the terms of this Agreement but the Department
requests changes to the completed work or parts thereof which involve changes to the original scope of
services or character of work under this Agreement, the Subgrantee shall make such revisions as
requested and directed by the Department. This will be considered as additional work and will be paid
for as specified in this Article.
If the Subgrantee submits work that does not comply with the terms of this Agreement, the Department
shall instruct the Subgrantee to make such revisions as are necessary to bring the work into compliance
with this Agreement. No additional compensation shall be paid for this work.
The Subgrantee shall make revisions to the work authorized in this Agreement, which are necessary to
correct errors or omissions appearing therein, when required to do so by the Department. No additional
compensation shall be paid for this work.
The Department shall not be responsible for actions by the Subgrantee or any costs incurred by the
Subgrantee relating to additional work not directly associated with or prior to the execution of an
amendment.
ARTICLE 7. REPORTING AND MONITORING
Not later than ten (10) days after the end of each reporting period, as designated in Attachment D, Action
Plan, 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 and
performance measures were not met, if appropriate, and (3) other pertinent information, including, when
appropriate, an analysis and explanation of cost underruns, overruns, or high unit costs.
Page 4 of 11 TxDOT Form 1854 (rev. 311912004)
Attachment B
Project Title: STEP- Memorial Day Holiday CIOT
The Subgrantee shall submit the Final Performance Report and Administrative Evaluation Report within
thirty (30) days after completion of the grant.
The Subgrantee shall promptly advise the Department in writing of events that will have a significant
impact upon this Agreement, including:
A. Problems, delays, or adverse conditions, including a change of project director or other changes in
Subgrantee personnel, that will materially affect the ability to attain objectives and performance
measures, prevent the meeting of time schedules and objectives, or preclude the attainment of project
objectives or performance measures by the 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.
B. Favorable developments or events that enable meeting time schedules and objectives sooner than
anticipated or achieving greater performance measure output than originally projected.
ARTICLE 8. RECORDS
The Subgrantee agrees to maintain all reports, documents, papers, accounting records, books, and other
evidence pertaining to costs incurred and work performed hereunder, (hereinafter called the records), and
shall make such records available at its office for the time period authorized within the Grant Period, as
specified on page 1 of this Grant Agreement. The Subgrantee further agrees to retain said records for
four (4) years from the date of final payment under this Agreement, until completion of all audits, or until
pending litigation has been completely and fully resolved, whichever occurs last.
Duly authorized representatives of the Department, the USDOT, the Office of the Inspector General,
Texas State Auditor, and the Comptroller General shall have access to the records. This right of access is
not limited to the four (4) year period but shall last as long as the records are retained.
ARTICLE 9. INDEMNIFICATION
To the extent permitted by law, the Subgrantee, if other than a government entity, shall indemnify, hold,
and save harmless the Department and its officers and employees from all claims and liability due to the
acts or omissions of the Subgrantee, its agents, or employees. The Subgrantee also agrees, to the extent
permitted by law, to indemnify, hold, and save harmless the Department from any and all expenses,
including but not limited to 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 government entity, 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 or death to such employee resulting from any alleged negligent act, by either
commission or omission on the part of the Subgrantee.
If the Subgrantee is a government entity, both parties to this Agreement agree that no party is an agent,
servant, or employee of the other party and each party agrees it is responsible for its individual acts and
deeds, as well as the acts and deeds of its contractors, employees, representatives, and agents.
ARTICLE 10. DISPUTES AND REMEDIES
This Agreement supercedes any prior oral or written agreements. If a conflict arises between this
Agreement and the Traffic Safety Program Manual, this Agreement shall govern.
Page 5 of 11 TxDOT Form 1854 (rev. 31192004)
Attachment B
Project Title: STEP- Memorial Day Holiday CIOT
The Subgrantee shall be responsible for the settlement of all contractual and administrative issues arising
out of procurement made by the Subgrantee in support of Agreement work.
Disputes concerning performance or payment shall be submitted to the Department for settlement, with
the Executive Director acting as referee.
ARTICLE 11. TERMINATION
This Agreement shall remain in effect until the Subgrantee has satisfactorily completed all services and
obligations described herein and these have been accepted by the Department, unless:
• This Agreement is terminated in writing with the mutual consent of both parties; or
• There is a written thirty (30) day notice by either party; or
• The Department determines that the performance of the project is not in the best interest of the
Department and informs the Subgrantee that the project is terminated immediately.
The Department shall compensate the Subgrantee for only those eligible expenses incurred during the
Grant Period specified on page I of this Grant Agreement 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 nor be
reimbursed for any new obligations after the effective date of termination.
ARTICLE 12. INSPECTION OF WORK
The Department and, when federal funds are involved, the US DOT, 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 Subgrantee or its subcontractor, the
Subgrantee shall provide and require its 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.
ARTICLE 13. AUDIT
The Subgrantee shall comply with the requirements of the Single Audit Act of 1984, Public Law (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."
The state auditor may conduct an audit or investigation of any entity receiving funds from the state
directly under this Agreement or indirectly through a subcontract under this Agreement. Acceptance of
funds directly under this Agreement or indirectly through a subcontract under this Agreement acts as
acceptance of the authority of the State Auditor, under the direction of the legislative audit committee, to
conduct an audit or investigation in connection with those funds.
ARTICLE 14. SUBCONTRACTS
The Subgrantee shall not enter into any subcontract with individuals or organizations not a part of the
Subgrantee's organization without prior written concurrence with the subcontract by the Department.
Subcontracts shall contain all required provisions of this Agreement. No subcontract will relieve the
Subgrantee of its responsibility under this Agreement.
Page 6 of 11 T.xDOT Form 1854 (rev. 311912004)
Attachment B
Project Title: STEP- Memorial Day Holiday CIOT
ARTICLE 15. GRATUITIES
Texas Transportation Commission policy mandates that employees of the Department shall not accept
any benefit, gift, or favor 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 Subgrantee to adhere to this policy may result in
termination of this Agreement.
ARTICLE 16. NONCOLLUSION
The Subgrantee warrants that it has not employed or retained any company or person, other than a bona
fide employee working solely for the Subgrantee, 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 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, contingent fee, or gift.
ARTICLE 17. CONFLICT OF INTEREST
The Subgrantee represents that it or its employees have no conflict of interest that would in any way
interfere with its or its employees' performance or which in any way conflicts with the interests of the
Department. The Subgrantee shall exercise reasonable care and diligence to prevent any actions or
conditions that could result in a conflict with the Department's interests.
ARTICLE 18. SUBGRANTEE'S RESOURCES
The Subgrantee certifies that it presently has adequate qualified personnel in its employment to perform
the work required under this Agreement, or will be able to obtain such personnel from sources other than
the Department.
All employees of the Subgrantee shall have such knowledge and experience as will enable them to
perform the duties 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 project.
Unless otherwise specified, the Subgrantee shall furnish all equipment, materials, supplies, and other
resources required to perform the work.
Page 7 of 11 TxDOT Form 1854 (rev..311912004)
Attachment B
Project Title: STEP- Memorial Day Holiday CIOT
ARTICLE 19. PROCUREMENT AND PROPERTY MANAGEMENT
The Subgrantee shall establish and administer a system to procure, control, protect, preserve, use,
maintain, and dispose of any property furnished to it by the Department or purchased pursuant to this
Agreement in accordance with its own property management procedures, provided that the procedures
are not in conflict with the Department's property management procedures or property management
standards and federal standards, as appropriate, in:
49 CFR, Part 18, "Uniform Administrative Requirements for Grants and Cooperative Agree-
ments to State and Local Governments," or
• 49 CFR, Part 19 (OMB Circular A-110), "Uniform Administrative Requirements for Grants and
Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit
Organizations."
ARTICLE 20. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY
Upon completion or termination of this Grant 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, and equipment and supplies purchased with grant
funds shall, at the option of the Department, become the property of the Department. All sketches,
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.
A. 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. -
B. All rights to Department. The Department shall own all of the rights (including copyrights, copyright
applications, copyright renewals, and copyright extensions), title and interests in and to all data, and
other information developed under this contract and versions thereof unless otherwise agreed to in
writing that there will be joint ownership.
C. All rights to Subgrantee. Classes and materials initially developed by the Subgrantee without any
type of funding or resource assistance from the Department remain the Subgrantee's intellectual
property. For these classes and materials, the Department payment is limited to payment for
attendance at classes.
ARTICLE 21. 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.
ARTICLE 22. CIVIL RIGHTS COMPLIANCE
A. Compliance with regulations: The Subgrantee shall comply with the regulations relative to
nondiscrimination in federally -assisted programs of the USDOT: 49 CFR, Part 21; 23 CFR,
Subchapter C; and 41 CFR, Parts 60-74, as they may be amended periodically (hereinafter referred to
as the Regulations). The Subgrantee agrees to comply with Executive Order 11246, entitled "Equal
Employment Opportunity," as amended by Executive Order 11375 and as supplemented by the U.S.
Department of Labor regulations (41 CFR, Part 60).
Page 8 of]] TxDOT Form 1854 (rev. 311912004)
Attachment B
Project Title: STEP- Memorial Day Holiday CIOT
B. Nondiscrimination: The Subgrantee, with regard to the work performed during the period of this
Agreement, shall not discriminate on the grounds of race, color, sex, national origin, age, religion, or
disability in the selection and retention of subcontractors, including procurements of materials and
leases of equipment.
C. Solicitations for subcontracts, including procurement of materials and equipment: In all solicitations
either by competitive bidding or negotiation made by the Subgrantee for work to be performed under
a subcontract, including procurements of materials and 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,
national origin, age, religion, or disability.
D. Information 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 USDOT 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 US DOT,
whichever is appropriate, and shall set forth what efforts the Subgrantee has made to obtain the
requested information.
E. Sanctions for noncompliance: In the event of the Subgrantee's noncompliance with the
nondiscrimination provision of this Agreement, the Department shall impose such sanctions as it or
the US DOT may determine to be appropriate.
F. Incorporation of provisions: The Subgrantee shall include the provisions of paragraphs A. through E.
in every subcontract, including procurements of materials and leases of equipment, unless exempt by
the regulations or directives. 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. However, 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 request the Department to enter into litigation to protect the interests of the state;
and in addition, the Subgrantee may request the United States to enter into such litigation to protect
the interests of the United States.
ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE
It is the policy of the Department and the USDOT that Disadvantaged Business Enterprises, as defined in
49 CFR Part 26, shall have the opportunity to participate in the performance of agreements financed in
whole or in part with federal funds. Consequently, the Disadvantaged Business Enterprise requirements
of 49 CFR Part 26, apply to this Agreement as follows:
• The Subgrantee agrees to insure that Disadvantaged Business Enterprises, as defined in 49 CFR
Part 26, have the opportunity to participate in the performance of agreements and subcontracts
financed in whole or in part with federal funds. In this regard, the Subgiantee shall make good
faith efforts in accordance with 49 CFR Part 26, to insure that Disadvantaged Business
Enterprises have the opportunity to compete for and perform agreements and subcontracts.
• The Subgrantee and any subcontractor shall not discriminate on the basis of race, color, sex,
national origin, or disability in the award and performance of agreements funded in whole or in
part with federal funds.
These requirements shall be included in any subcontract.
Page 9 of 11 TxDOT Form 1854 (rev. 31192004)
Attachment B
Project Title: STEP- Memorial Day Holiday CIOT
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 this Agreement by the Department, or
other such remedy as the Department deems appropriate.
ARTICLE 24. DEBARMENT/SUSPENSION
A. The Subgrantee certifies, to the best of its knowledge and belief, that it and its principals:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily
excluded from covered transactions by any federal department or agency;
2. Have not within a three (3) year period preceding this Agreement been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a federal, state, or local public transaction or
contract under a public transaction; violation of federal or state antitrust statutes; or commission
of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
3. Are not presently indicted or otherwise criminally or civilly charged by a federal, state, or local
governmental entity with commission of any of the offenses enumerated in paragraph A. 2. of
this Article; and
4. Have not, within a three (3) year period preceding this Agreement, had one or more federal, state,
or local public transactions terminated for cause or default.
B. Where the Subgrantee is unable to certify to any of the statements in this Article, such Subgrantee
shall attach an explanation to this Agreement.
C. 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.
D. The Subgrantee shall require any party to a subcontract or purchase order awarded under this Grant
Agreement to certify its eligibility to receive federal grant funds, and, when requested by the
Department, to furnish a copy of the certification.
ARTICLE 25. LOBBYING CERTIFICATION
The Subgrantee certifies to the best of his or her knowledge and belief that:
A. No federally appropriated funds have been paid or will be paid by or on behalf of the Subgrantee 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 making
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.
B. 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 federal 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 party to this
Agreement shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying,"
in accordance with its instructions.
Page 10 of 11 TxDOT Form 1854 (rev. 311912004)
Attachment B
Project Title: STEP- Memorial Day Holiday CIOT
C. The Subgrantee shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts) and that all subrecipients shall
certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
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.
ARTICLE 26. CHILD SUPPORT STATEMENT
Unless the Subgrantee is a governmental or non-profit entity, the Subgrantee certifies that it either will go
to the Department's website noted below and complete the Child Support Statement or already has a
Child Support Statement on file with the Department. The Subgrantee is responsible for keeping the
Child Support Statement current and on file with that office for the duration of this Agreement period.
The Subgrantee further certifies that the Child Support Statement on file contains the child support
information for the individuals or business entities named in this grant. Under Section 231.006, Family
Code, the Subgrantee certifies that the individual or business entity named in this Agreement is not
ineligible to receive the specified grant or payment and acknowledges that this Agreement may be
terminated and payment may be withheld if this certification is inaccurate.
The form for the Child Support Statement is available on the Internet at:
htti)://www.dot.state.tx.us/cso/default.htm.
Page 11 of 11 TxDOT Form 1854 (rev. 31192004)
Attachment C
Project Title: STEP - CIOT
Name of Subgrantee: City of Lubbock
Traffic Safety Project Description
NO SURVEYS
I. OBJECTIVES & PERFORMANCE MEASURES
The Objectives of this grant are to accomplish the following by September 30, 2004:
To increase safety belt use among drivers, front seat passengers, and child passengers during the
Memorial Day holiday period and in locations as defined in Attachment F, Operational Plan.
Objectives/Performance Measures
Number
A. Number and type citations to be issued under STEP
1. Safety belt citations to be issued during the Memorial Day Holiday
STEP - Click It or Ticket (CIOT)
2,500
2. Child safety seat citations to be issued during the Memorial Day
Holiday STEP - CIOT
500
B. Number of STEP - CIOT enforcement hours worked
497
C. Increase the safety belt usage rate among drivers and front seat
passengers during the Memorial Day Holiday STEP - CIOT, between
pre & post survey results, by at least the following percentage points
2
D. Complete administrative and general grant requirements as defined in the
Action Plan, Attachment D.
1. Submit the following number of Performance Reports, including the
Final Performance Report and Administrative Evaluation Report.
2
2. Submit the following number of Requests for Reimbursement
1
E. Support grant enforcement efforts with public information and education
(PI&E) as defined in the Action Plan, Attachment D.
1. Conduct a minimum of one (1) presentation for each Memorial Day
Holiday STEP - CIOT conducted.
1
2. Conduct a minimum of two (2) media exposure for each Memorial
Day Holiday STEP - CIOT conducted (e.g., news conferences, news
releases and interviews).
2
3. Conduct a minimum of one (1) community event.
1
4. Obtain and distribute the following number of public information and
education materials.
N/A
NOTE.
Nothing in this agreement shall be interpreted as a requirement, formal or informal, that a peace
officer issue a specified or predetermined number of citations in pursuance of the Subgrantee's
obligations hereunder.
II. RESPONSIBILITIES OF THE SUBGRANTEE:
Traffic Safety Project Description Page I of 3 TxDOT Form 2076-op (Rev: 0313012004)
Attachment C
Project Title: STEP - CIOT
Subgrantee: City of Lubbock
A. Carry out the objectives and performance measures of this grant by implementing all
activities in the Action Plan, Attachment D.
B. The Objective Performance Measures shall be included in each Performance Report and
summarized in the Final Performance Report and Administrative Evaluation Report.
C. Submit all required reports to the Department fully completed with the most current
information, and within the required times, as defined in Article 3 and Article 7 of the
General Terms and Conditions, Attachment B. This includes reporting to the Department on
progress, achievements, and problems in periodic performance reports. All required
documents must be accurate. Inaccurate documents will delay any related Requests for
Reimbursement.
D. A Final Performance Report and Administrative Evaluation Report summarizing all
activities and accomplishments will be submitted on Department approved forms no later
than thirty (30) days after the grant ending date.
E. Attend meetings according to the following:
1. The Subgrantee will arrange for meetings with the Department as indicated in the
Action Plan to present status of activities, discuss problems and schedule for the
following quarter's work.
2. , The project director or other qualified person will be available to represent the
Subgrantee at meetings requested by the Department.
F. When applicable, all newly developed public information and education (PI&E) materials
must be submitted to the Department for written approval prior to final production. Contact
the Department regarding PI&E procedures.
G. No out of state travel is allowed under this grant agreement.
H. Maintain verification that all expenses, including wages or salaries, for which
reimbursement is requested is for work exclusively related to this project.
Ensure that this grant will in no way supplant (replace) funds from other sources.
Supplanting refers to the use of federal funds to support personnel or any activity already
supported by local or state funds.
J. The Subgrantee should have a safety belt use policy. If the Subgrantee does not have a
safety belt use policy in place, a policy should be implemented during the grant year.
K. Carry out the objectives of this grant by implementing the Operational Plan.
L. Ensure that each officer working on the STEP project will complete an officer's daily report
form. The form should include: name, date, badge/identification number, type of grant
worked, grant site number, mileage if applicable (including starting and ending mileage),
hours worked, type of citation/arrest issued, officer and supervisot signatures.
M. Ensure that no officer above the rank of Lieutenant (or equivalent title) will be reimbursed
for enforcement duty.
N. Support grant enforcement efforts with Public Information and Education (PI&E). Salaries
being claimed for PI&E activities must be included in the budget.
O. Subgrantees with a traffic unit will utilize traffic personnel for this grant, unless such
personnel are unavailable for assignment.
Traffic Safety Project Description Page 2 of 3 TxDOT Form 2076-op (Rev: 0313012004)
Attachment C
Project Title: STEP - CIOT
Subgrantee: City of Lubbock
P. If an officer makes a 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.
Q. Officers assigned to Occupant Protection sites should be trained in the Traffic Occupant
Protection Strategies (TOPS), Operation Kids, or Child & Adult Restraint Education
Strategies (CARES). These courses are approved by the Texas Commission on Law
Enforcement Officer Standards and Education (TCLEOSE).
R. The Subgrantee must enter all Performance and Annex Report data into the Buckle Up
Texas Website (www.buckleuptexas.com) before submitting hard copy reports to the
Department. Printed versions of the Website reports are acceptable versions for hard copy
submissions.
S. Submit Performance and Annex Reports to the Department by June 16, 2004.
III. RESPONSIBILITIES OF THE DEPARTMENT:
A. Monitor the Subgrantee's compliance with the performance obligations and fiscal
requirements of this Grant Agreement using appropriate and necessary monitoring and
inspections, including but not limited to:
1. Review of periodic reports
2. Physical inspection of project records
3. Telephone conversations
4. E-mails and letters
5. Meetings
B. Provide program management and technical assistance.
C. Attend appropriate meetings.
D. Reimburse the Subgrantee for all eligible costs as defined in the Traffic Safety Project
Budget, Attachment E. Requests for Reimbursement will be processed up to the maximum
amount payable as indicated on the cover page of the Grant Agreement.
E. Perform an administrative review of the project at the close of the grant period to include a
review of adherence to the Action Plan, Attachment D, the Traffic Safety Project Budget,
Attachment E and attainment of project objectives.
Traffic Safety Project Description Page 3 of 3 TxDOT Form 2076-op (Rev: 0313012004)
ZTexas ACTION PLAN
Deparrrnenf
of Transporfa!!on
Form 1852 (rev. 3/18/2003) FY 04
PROJECT TITLE: CIOT - STEP
SUBGRANTEE: City Of Lubbock
OBJECTIVE: To complete administrative and general grant requirements by 9/30/04, as defined below
Attachment D
KEY:
p = planned activity
c = completed activity
r = revised
ACTIVITY
RESPONSIBLE
PROJECT
MONTH
OC
NO
DE
JA
FE
MR
AP
MY
JN
JL
AU
SE
OC
NO
1. Submit letter regarding signature authority.
Subgrantee
2. Submit operational cost per vehicle mile (If applicable).
Subgrantee
p
3. Hold Grant delivery meeting.
Department
4. Submit Performance Reports.
Subgrantee
5. Submit Requests for Reimbursement.
Subgrantee
6. Submit Final Performance Report and Administrative
Evaluation Report.
Subgrantee
p
7. Conduct monitoring visit.
Department
8. Submit documentation of any grant training (if applicable)
Subgrantee
Page I of 2
Texas
Department
o! Transporntlon
Form 1852 (rev. 3118/2003)
PROJECT TITLE: CIOT - STEP
SUBGRANTEE: City Of Lubbock
CIOT
ACTION PLAN
FY 04
OBJECTIVE: To support grant efforts with a public information and education (PI&E) program by 9/30/04, as defined
below:
Attachment D
KEY:
p = planned activity
c = completed activity
r = revised
Modify these activities as appropriate:
ACTIVITY
RESPONSIBLE
PROJECT
MONTH
OC
NO
DE
JA
FE
MR
AP
MY
JN
JL
AU
SE
OC
NO
1. Determine quantities of materials needed.
Subgrantee
2. Obtain PI&E materials from the Department
Subgrantee
3. Maintain records of all PI & E material received/distributed.
Subgrantee
4. Conduct or participate in news conferences)
Subgrantee
5. Issue news release(s).
Subgrantee
6. Conduct presentations.
Subgrantee
7. Participate in community events (e.g., health or safety
fairs, booths).
Subgrantee
p
Page 2 of 2
No Text
' 00 14 - 4 -G I1-1 L
Attachment E
TxDOT Form 2077-LE (rev. 3/19/2004)
Page 2 of 2
Fiscal Year: 2004
❑ Check here if this is a revised budget.
Date Revised:
Project Title: CIOT - STEP
Subgrantee: City Of Lubbock
Budget Category II — Other Direct Costs
(400) Equipment*..........................................................................
(500) Supplies*..............................................................................
(600) Contractual Services*.........................................................
(700) Other Miscellaneous*
A. Subgrantee Vehicle Mileage:
Rates used only for budget estimate. Reimbursement will be
made according to the approved subgrantee's average cost per
mile to operate patrol vehicles, not to exceed the state rate.
Documentation of cost per mile is required prior to
reimbursement.
miles @ $ per mile
B. Registration fees (training, workshops, conferences, etc.) .....................
C. Public information & education (PI&E) m4terials....................
1. Educational items = $
(eg.: brochures, bumper stickers, posters, fliers, etc.)
2. Promotional items = $
(eg.: key chains, magnets, pencils, pens, mugs, etc.)
D. Other*.......................................................................................
Total Other Miscellaneous...........................................................
II. Total Other Direct Costs (400 + 500 + 600 + 700).......................
Budget Category III — Indirect Costs
(800) Indirect Cost Rate* (at %)........................................
Summary:
(Round figures to nearest dollar)
Other/
TxDOT State/Local TOTAL
0
0
0
0
0
n
0
0
0 0
0
0 0
0
TotalLabor Costs.........................................................................
20,492
0
20,492
Total Other Direct Costs..............................................................
0
0
0
Total Indirect Costs......................................................................
0
0
0
Grand Total (I+II+III)......................................................
20,492
0
20,492
Fund Sources (Percent Share) .......................................................
100.00 %
0.00 %
* Budget Detail Required: As an attachment to the budget, a justification and a detailed cost breakdown is required
for all costs included for Fringe Benefits (200), Travel and Per Diem (300), Equipment (400), Supplies (500),
Contractual Services (600), Other Miscellaneous (700), and Indirect Cost Rate (800)
I
C)
Attachment F
Project Title: STEP — CIOT
Name of Subarantee: City Of Lubbock
TRAFFIC SAFETY OPERATIONAL PLAN — No Surveys
FY04 Memorial Day Holiday STEP - CIOT
SITE DESCRIPTION
1. Occupant Protection
Jurisdiction wide
(Daylight hours)
Enforcement
Period
Memorial Day
May 24 — June 6
Pre -Mediate Post -Media
� n scen a titz f x
� Campaign
Campaign :... �E w� Yk
✓lay June
19 20 21 22 23 24 25 26 21 28 29 30 31 I 1 2 3 41 5 6, 7 8 9 1011712 1
Description of Activities
Pre -Media Campaign
Conduct local media events immediately before the enforcement effort to maximize the visibility of enforcement
to the public. These media events tell the public when, where, how and why the safety belt laws are being
enforced. Media will emphasize the special target groups of each enforcement wave effort, i.e. CIOT.
(5/19 - 5/23)
Enforcement Blitz
Intensify enforcement through an overtime STEP that places primary emphasis on increasing the number of
citations for non-use of occupant restraints during the peak holiday traffic. (5/24 — 6/6)
Post -media Campaign
Conduct local media events to tell the public why the safety belt laws are important and the results of the wave.
(6/7 — 6/12)
CLOT 02104
No Surveys
1