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HomeMy WebLinkAboutResolution - 4612 - Grant Agreement - Texdot - Holiday DWISTE Program, TTSP - 09_22_1994Resolution No. 4612 Item No. 19 City Council Date 0 9 / 2 2 / 9 4 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Texas Traffic Safety Program Grant Agreement by and between the City of Lubbock and the Texas Department of Transportation for a Holiday Driving While Intoxicated Selective Traffic Enforcement Program, attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this ATTEST:. betty M. ohnson, City Secretary APPROVED AS TO CONTENT: Ken A. Walker, Chief of Police APPROVED AS TO FORM: G. Vandiver, First Assistant City Attorney nov:aa/ccaocs/nwl.res September 12,1994 ATTACHMENT 2 Page 1 of 5 GRANT PROPOSAL EVALUATION FORM Page 1 DEPARTMENT: pOLiCY CONTACT: -RONNIE SOWELL :` x,: ... TODAY'S DATE: ;> 09-t?'S ..94-< APP. DUE DATE: 09,1 94 CONTRACT AMOUNT $8 r GOO Ofl' 1. Is this grant: ., GRANT TtTt.E :;: GRAnmNa AGENC CON7TiACT PERlO! cx =mat r mh A : New x Resolution No. 4612 Item #19 September 22, 1994 rING wxILE (.STEP ). . Continuing Number of Years 2. Is a match required? Yes No x If yes: Percentage Amount Is It: In -kind OR Cash x Source TXDOT 3. Is Indirect cost allowed? If yes: 4. Are audit costs reimbursed? If yes: Yes Percentage Yes Percentage No x No x 5. What are the audit requirements for this grant? COMPLIANCE WITH SINGLE AUDIT ACT OF 1984 CIRCULAR A128 "AUDITS OF STATE AND LOCAL GOVERNMENTS" 6. Can this grant be renewed? If yes. how many times? What are the terms of renewal? Yes x No TWICE (.IF VARIABLE FUNDING IS AVAILABLE) AS PER THE DISCRETION OF TXDOT 7. Does the grant require the City to gradually assume the cost of the program? Yes If yes, what is the timetable? No x 13. Please address whether other agencies are currently administering similar programs and whether any other agencies are available to administer this program. SELECTED CITIES WITHIN THE STATE ARE OFFERED THE SAME GRANT PROGRAM WITH DIFFERING FUNDING. A25-1 Page 2 of 5 GRANT PROPOSAL EVALUATION FORM Page 2 9. For the 'Current Year', please Identify how expenditures are to be made in the following categories and how the program will be funded. If the grant is for an on -going program, please project revenue and expenditures for future years. If the grant is for one year, show any on -going costs to the city, such as the cost of maintenance on equipment purcFiasedby fife giant. CURRENT FUTURE YEARS YEAR 199� 19_ 19_ 19_ 19_ EXPENDITURES Personnel & 7,767 Supplies S 233 Maintenance (MILEAGE REIMBURSED) Other Capital TOTAL EXPENDITURES & 6,000 REVENUE , Federal Grant State Grant Local Match Other TOTAL REVENUE 10. Please list any new positions to be added: N/A 11. Please list any capital Items to be purchased: N/A 12. Please discuss how this program will impact current employee allocation and utilization and whether It will have a long-term financial or manpower impact. Attach additional pages if needed. NO IMPACT. ALL ACTIVITES ARE HANDLED BY OFF -DUTY OFFICERS WORKING OVERTIME. OFFICERS MAY NOT RESPOND TO NORMAL CALLS FOR POLICE SERVICE BUT MAY RESPOND TO THOSE CALLS. A25-2 Page 3 of 5 GRANT PROPOSAL EVALUATION FORM Page 3 13. In narrative form, please provide a brief description of the program, Including the need which will be addressed, the goals and objectives of the program, the target population to be served,_ and any other significant aspects of the application. Attach additional pages if needed. IN 1993, THERE WERE 19 PEOPLE KILLED AND 3,777 INJURED IN VEHICLE ACCIDENTS ON LUBBOCK STREETS. STATE AND NATIONAL STUDIES HAVE SHOWN THAT OVER 50% OF ALL FATAL ACCIDENTS ARE ALCOHOL RELATED. THIS GRANT HILL ALLOW US TO DEPLOY OFF -DUTY POLICE OFFICERS DURING MANDATED HOLIDAY PERIODS TO ENHANCE ENFORCEMENT EFFORTS AT SPECIFIC LOCATIONS WHERE A HIGH INCIDENT OF ALCOHOL RELATED CRASHES OCCUR OR WHERE THE POTENTIAL EXISTS. TO REDUCE THE NUMBER OF DWI AND FATAL INJURY ACCIDENTS. A9c-1 ATTACHMENT 3 GRANT AWARD NOTIFICATION Page 1 of 2 THIS GRANT WAS: AWARDED DENIED If "Denied please send this form, with the top portion completed, to the Budget Office. If "Awarded". please complete the following: GRANT/CONTRACT NUMBER: DATE OF CITY COUNCIL RESOLUTION ON APPROVAL: 09/22/94 Please list below the account numbers you will need open and the budget amount to be entered In each account: ACCOUNT NUMBER AMOUNT IF AWARDED. PLEASE SEND: TO BUDGET: 1 Copy of the Signed Contract 1 Copy of this form TO ACCOUNTING: 1 Copy of the Signed Contract 1 Copy of this form 1 Copy of the Grant Pro sal Evaluation Form A25-6 Federal Pass Through Grant Funds TxDOT Misc. Contract No. CFDA Number - 20.600 State Grant Funds Charge No. Payee ID No. 15960005906000 (FM a rlr VM Nam» 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 , acting by and through its duly authorized officers, hereinafter called the Subgrantee. For the purpose of this agreement, the Subgrantee is designated as a(n) LOCAL GOVERNMENT WITNESSETH WHEREAS, the Department, as Grantee on behalf of the State of Texas, receives federal grant funds for implementation of the statewide traffic safety.program mandated by Title 23, Section 402 of the United State Code; and, WHEREAS, the Department administers these funds together with other funds which may be appropriat- ed by the Texas Legislature or received from other sources, to develop cooperative agreements with qualifying agencies (subgrantees) which have identified traffic safety problems and have developed projects to address these problems; and, WHEREAS, Article 6701j-1, Texas Civil Statutes, declares that the establishment, development, and maintenance of a program of traffic safety in Texas is a vital governmental purpose and function of the State and its legal and political subdivisions; and, WHEREAS, the Governor of Texas has named the Executive Director of the Department as the State's representative to administer the Texas Traffic Safety Program; and, WHEREAS, the Executive Director has formulated a program of projects for the current fiscal year called the Highway Safety Plan (HSP), and the United States Department of Transportation (US DOT) has approved the HSP and authorized the Department to proceed with implementation in accordance with approved procedures; and, WHEREAS, the Department and the Subgrantee agree to implement a traffic safety project generally authorized in the HSP, said project described as a(n) HOLIDAY DRIVING WHILE INTOXICATED SELECTIVE TRAFFIC ENFORCEMENT PROGRAM 07/94 Page 1 of 13 TEXAS TRAFFIC SAFETY PROGRAM AGREEMENT NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, the Department and the Subgrantee do mutually agree as follows. AGREEMENT ARTICLE 1. FUNDING PERIOD This agreement becomes effective on 10-01-94 or when fully executed by all parties hereto, whichever occurs later, and shall terminate on 09-30-95 unless termination occurs as provided for hereinafter. ARTICLE 2. RESPONSIBILITIES OF THE PARTIES The Subgrantee shall undertake and complete the project as described in Attachment A, Approved Project Description, and in accordance with all terms and conditions included hereinafter. The Department shall provide assistance as appropriate and as specified in said Attachment A. ARTICLE 3. COMPENSATION A. The maximum amount payable under this agreement shall not exceed the amount of $ 6,000 , unless modified in writing through an amendment pursuant to Article 5. B. The method of payment for this agreement will be based on actual costs incurred up to and not to exceed the limits specified in Attachment B, Approved Project Budget, unless other methods of payment are specified as follows: 1. If Attachment B, Approved Project Budget, specifies that actual costs will be reimbursed, the amount included in the project budget will be deemed to be an estimate only and a higher amount can be reimbursed, subject to the conditions specified in paragraph C hereunder. 2. If Attachment B, Approved Project Budget, specifies that costs are based on a specific rate, per -unit cost, or other method of payment, reimbursement will be based on the specified method. C. All payments made hereunder will be made in accordance with Attachment B, Approved Project Budget. The Subgrantee'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 agreement amendment. However, the Subgrantee must provide written notification to the Department of a change of S % or less, prior to payment of the Request for Reimbursement that includes the change, indicating the amount and percent change and the reasons) for it. The maximum amount payable shall not be increased as a result of exceeding a budget category without a written grant amendment. D. To be eligible for reimbursement under this agreement, a cost must be incurred in accordance with Attachment B, Approved Project Budget, within the period specified in Article 1 above. 07194 Page 2 of 13 TEXAS TRAFFIC SAFETY PROGRAM AGREEMENT 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 Educational Institutions; • A-87, Cost Principles for State and Local 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 A, within 30 days after the end of the billing period. The Subgrantee will use billing statements acceptable to the Department. The original billing statement and one copy is to be submitted to the address shown on the last page of this agreement. G. The Subgrantee agrees to submit the final request for payment under this agreement within sixty (60) days of the end of the grant period. H. The Department will exercise all good faith to make payments within thirty days of receipt of properly prepared and documented requests for payment. All payments, however, are contingent upon the availability of appropriated funds. I. Project agreements supported with federal funds are limited to the length of the agreement period and usually do not receive extended funding beyond three years. If both the Department and the Subgrantee agree that the project has demonstrated great merit or has potential long-range benefits, the Subgrantee may apply for funding assistance beyond the three year limit. To be eligible, the Subgrantee should have a cost assumption plan by the end of the first six months and must have a plan by the end of the twelfth month of operation of the project. This plan will include a schedule for phasing in funding from its own resources and the phasing out of funding support from the Department. All plans must be approved by the Department before any extension beyond the three year limit will be granted. Preference will be given to those projects for which the Subgrantee has assumed some cost sharing by the end of the first twelve months, and to those which propose to assume the largest percentage of subsequent project costs. Certain categories of funds may be exempted by the federal government from the time limit requirement. Unless exempted, all federally -funded agreements are considered to be subject to the time limit provision. Funding support for all state -funded projects will be limited to the term of the agreement. Any extension beyond that time will be negotiated on a case -by -case basis.. ARTICLE 4. LMUTATION OF LIABQ.ITY Because funds are authorized on a fiscal year basis only, payment of costs incurred hereunder is contingent upon the availability of funds. If at any time during the agreement period the Department determines that there is insufficient funding to continue the project, the Department shall so notify the Subgrantee, giving notice of intent to terminate 07/94 Page 3 of 13 TEXAS TRAFFIC SAFETY PROGRAM AGREEMENT the agreement. Such termination will be conducted in such a manner that will minimize disruption to the Subgrantee and the Department, and as further specified in'General Provision G9, Termination. The Subgrantee, if other than a State agency, shall be responsible for settlement of any and all claims and lawsuits by third parties arising from or incident to the Department's non-payment of the Subgrant- ee's claim under this agreement. The Subgrantee expressly acknowledges that its responsibility includes the payment of all damages, expenses, penalties, fines, costs, charges, and attorney fees, if the claims or lawsuits are based upon the Department's non-payment of claims submitted under this agreement. The Subgrantee shall defend any suits brought upon all such claims and lawsuits and pay all costs and expenses incidental thereto, but the Department shall have the right at its option to participate in the defense of any suit, without relieving the Subgrantee of any obligation hereunder. ARTICLE S. AGREEMENT AMENDMENTS If at any time during the agreement period the Department determines that additional funds are needed to continue the project and the maximum amount payable is insufficient, a written amendment is to be executed to authorize additional funds, if the Department and the Subgrantee determine to continue project funding. Additionally, any changes in the agreement period, agreement terms or responsibilities or the parties hereto shall be enacted by written amendment executed by both parties. The amendment shall be agreed upon by the parties to this agreement and shall state the change to the mutual satisfaction of the parties. In no event will the agreement period be extended unless a written amendment is executed before the completion date specified in Article 1. ARTICLE 6. ADDITIONAL WORK If the Subgrantee is of the opinion that any work it has been directed to perform is beyond the scope of this agreement and constitutes additional work, the Subgrantee shall promptly notify the Department in writing. In the event that the Department finds that such work does constitute additional work, the Department shall so advise the Subgrantee and provide compensation for doing this work on the same basis as the original work. If the compensation ,for the additional work will cause the maximum amount payable to be exceeded, a written amendment will be executed. Any amendment so executed must be approved within the agreement period specified in Article 1. ARTICLE 7. CHANGES IN WORK When the approved project description requires a completed work product, the Department will review the work as specified in the approved project description. If the Department finds it necessary to request changes in previously satisfactorily completed work or parts thereof, the Subgrantee will make such revisions as requested and directed by the Department. Such work will be considered as additional work and subject to the requirements established in Article 6. If the Department finds it necessary to require the Subgrantee to revise completed work to correct errors appearing therein, the Subgrantee shall make such corrections and no compensation will be paid for the corrections. 07/94 Page 4 of 13 TEXAS TRAFFIC SAFETY PROGRAM AGREEMENT ARTICLE 8. GENERAL TERMS AND CONDITIONS, G1. Indemnification To the extent permitted by law, the Subgrantee, if other than a State agency, shall save harmless the Department from all claims and liability due to the acts or omissions of the Subgrantee, its agents or employees. The Subgrantee also agrees to save harmless the Department from any and all expenses, including attorney fees, all court costs and awards for damages, incurred by the Department in litigation or otherwise resisting such claims or liabilities as a result of any activities of the Subgrantee, its agents or employees. Further, to the extent permitted by law, the Subgrantee, if other than a State agency, agrees to protect, indemnify, and save harmless the Department from and against all claims, demands and causes of action of every kind and character brought by any employee of the Subgrantee against the Department due to personal injuries and/or death to such employee resulting from any alleged negligent act, by either commission or omission on the part of the Subgrantee or the Department. G2. Inspection of Work The Department and, when federal funds are involved, the U. S. Department of Transportation, and any authorized representative thereof, have the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. If any inspection or evaluation is made on the premises of the Subgrantee or a subcontractor, the Subgrantee shall provide and require his subcontractor to provide all reasonable facilities and assistance for the safety and convenience of the inspectors in the performance of their duties. -All inspections and evaluations shall be performed in such a manner as will not unduly delay the work. G3. Disputes and Remedies The Subgrantee shall be responsible for the settlement of all contractual and administrative issues arising out of procurement entered in support of agreement work. Disputes concerning performance or payment shall be submitted to the Department for 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. G4. Noncollusion The Subgrantee warrants that it has not employed or retained any company or person, other than a bona fide employee working for it, to solicit or secure this agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of 07/94 Page 5 of 13 TEXAS TRAFFIC SAFETY PROGRAM AGREEMENT this agreement. If the Subgrantee breaches or violates this warranty, the Department shall have the right to annul this agreement without liability or, in its discretion,'to deduct from the agreement price or consideration, or otherwise recover the full amount of such fee, commission, brokerage fee, gift, or contingent fee. G5. Reporting Not later than thirty days after the end of each reporting period, as designated in Attachment A, the Subgrantee shall submit a performance report using forms provided or approved by the Department. The performance report will include as a minimum (1) a comparison of actual accomplishments to the objectives established for the period, (2) reasons why established objectives were not met, if appropriate, and (3) other pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs. The Subgrantee shall submit the final performance report within 30 days after completion of the grant. 'Me Subgrantee shall promptly advise the Department in writing of events which have a significant impact upon the agreement, including: 1. Problems, delays, or adverse conditions which will materially affect the ability to attain program objectives, prevent the meeting of time schedules and objectives, or preclude the attainment of project work units by established time periods. This disclosure shall be accompanied by'a statement of the action taken, or contemplated, and any Department or Federal assistance needed to resolve the situation. 2. Favorable developments or events that enable meeting time schedules and objectives sooner than anticipated or producing more work units than originally projected. G6. Records The Subgrantee agrees to maintain all books, documents, papers, accounting records, and other evidence pertaining to costs incurred and work performed hereunder and shall make such materials available at its office during the agreement period and for three 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 Department, 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 Subgrantee shall retain all records until final completion of any litigation. G7. Audit The Subgrantee shall comply with the requirements of the Single Audit Act of 1984, PL 98-502, , ensuring that the single audit report includes the coverage stipulated in the following, as appropriate: • Paragraphs 6, 8, and 9 of OMB Circular A-128, "Audits of State and Local Govern- ments,' or, • OMB Circular A-133, "Audits of Institutions of Higher Education and Other Nonprofit Institutions.' 07/94 Page 6 of 13 TEXAS TRAFFIC SAFETY PROGRAM AGREEMENT G8. Subcontracts Any subcontract for professional services rendered by individuals or organizations not a part of the Subgrantee's organization shall not be executed without.prior autho_ rization and approval of the subcon- tract by the Department and, when federal funds are involved, the U.S. Department of Transportation. Subcontracts in excess of $25,000 shall contain all required provisions of this agreement. No subcontract will relieve the Subgrantee of its responsibility under this agreement. G9. Termination The Department may terminate this agreement at any time before the date of completion whenever it is determined that the Subgrantee has failed to comply with the conditions of the agreement. The Department shall give written. notice to the Subgrantee at least seven days prior to the effective date of termination and specify the effective date of termination and the reason for termination. If both parties to this agreement agree that the continuation of the agreement would not produce beneficial results commensurate with the further expenditure of funds, the parties shall agree upon the termination conditions, including the effective date and the portion to be terminated. Upon termination of this agreement, whether for cause or at the convenience of the parties hereto, all finished or unfinished documents, data, studies, surveys, reports, maps, drawings, models, photographs, etc. prepared by the Subgrantee shall, at the option of the Department, become the property of the Department.. The Department shall compensate the Subgrantee for those eligible expenses incurred during the agreement period which are directly attributable to the completed portion of the work covered by this agreement, provided that the work has been completed in a manner satisfactory and acceptable to the Department. The Subgrantee shall not incur new obligations for the terminated portion after the effective date of termination. Except with respect to defaults of subcontractors, the Subgrantee shall not be in default by reason of any failure in performance of this agreement in accordance with its terms (including any failure by .the Subgrantee to progress in the performance of the work) if such failure arises out of causes beyond the control and without the default or negligence of the Subgrantee. Such causes may include but are not limited to acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather. In every case, however, the failure to perform must be beyond the control and without the fault or negligence of the Subgrantee. 07/94 Page 7 of 13 TEXAS TRAFFIC SAFETY PROGRAM AGREEMENT GIO. Gratuities Texas Transportation Commission policy mandates that employees of the Department shall not accept any benefits, gifts or favors from any person doing_business with or who reasonably speaking may do _ business with the Department under this agreement. The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of the Department's Executive Direc- tor. Any person doing business with or who reasonably speaking may do business with the Department under this agreement may not make any offer of benefits, gifts or favors to Department employees, except as mentioned hereabove. Failure on the part of the Subgrantee to adhere to this policy may result in termination of this agreement. G11. Compliance With Laws The Subgrantee shall comply with all Federal, State and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of this agreement, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, .the Subgrantee shall furnish the Department with satisfactory proof of its compliance therewith. G12. Successors and Assigns The Department and the Subgrantee each binds itself, its successors, executors, assigns and administra- tors 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 its interest and obligations in this agreement without written consent of the Department. G13. Ownership of Documents Upon completion or termination of this agreement, all documents prepared by the Subgrantee or furnished to the Subgrantee by the Department shall be delivered to and 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. G14. Resources The Subgrantee 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 Department. Unless otherwise specified, the Subgrantee shall furnish all equipment, materials, and supplies required to perform the work authorized herein. 07/94 Page 8 of 13 TEXAS TRAFFIC SAFETY PROGRAM AGREEMENT 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 -tar the -work,--shall immediately be - -- removed from association with the project. G15. Property Management The Subgrantee shall establish and administer a system to control, protect, preserve, use, maintain, and dispose of any property furnished to it by the Department or purchased pursuant to this agreement in accordance with its own property management procedures, provided that the procedures are not in conflict with the Department's property management procedures or property management standards, as appropriate, in: • 49 CFR 18, "Uniform Administrative Requirements for Grants and Cooperative Agree- ments to State and Local Governments," or, • OMB Circular A-110, "Uniform Requirements for Grants to Universities, Hospitals, and Other Nonprofit Organizations." G16. Procurement Standards The Subgrantee shall maintain procurement standards which meet or exceed the requirements, as appropriate, of- 0 49 CFR 18, "Uniform Administrative Requirements for Grants and Cooperative Agree- ments to State and Local Governments," or, • OMB Circular A-110, "Uniform Requirements for Grants to Universities, Hospitals, and Other Nonprofit Organizations.' G176 Insurance When directed by the Department, the Subgrantee, if other than a State agency, shall provide or shall require its subcontractors to secure a policy of insurance in the maximum statutory limits for tort liability, naming the Department as an additional insured under its terms. When so directed, the Subgrantee shall provide or shall require its subcontractor to furnish proof of insurance on TxDOT Form 20.102 (12/91) to the Department, and shall maintain the insurance during the grant period established in Article 1. G18. Equal Employment Opportunity The Subgrantee agrees to comply with Executive Order 11246 entitled "Equal Employment Opportunity" as amended by Executive Order 11375 and as supplemented in Department of Labor Regulations (41 CFR 60). 07/94 Page 9 of 13 TEXAS TRAFFIC SAFETY PROGRAM AGREEMENT G19. Nondiscrimination During the performance of this agreement, the Subgrantee, its assigns and successors in interest, agrees as follows: -- - - 1. Compliance with Regulations: The Subgrantee shall comply with the regulations relative to nondiscrimination in federally assisted programs of the U.S. Department of Transportation, Title 49, Code of Federal Regulations, Part 21 and Title 23 , Code of Federal Regulations, Part 710.405(b), as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this agreement. 2. Nondiscrimination: The Subgrantee, with regard to the work performed by it during the agreement, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Subgrantee shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 and Part 710.405(b) of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Subgrantee for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Subgrantee of the Subgrantee's obligations under this agreement and the Regulations relative to nondiscrimination on the grounds of race, color, sex, or national origin. 4. 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 U.S. Department of Transportation to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of the Subgrantee is in the exclusive possession of another who fails or refuses to furnish this information, the Subgrantee shall so certify to the Department or the U.S. Department of Transportation as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the Subgrantee's noncompliance with the nondiscrim- ination provisions of this agreement, the Department shall impose such sanctions as it or the U.S. Department of Transportation may determine to be appropriate, including but not limited to: ♦ withholding of payments to the Subgrantee under the agreement until the Subgrantee complies, and/or ♦ cancellation, termination, or suspension of the agreement in whole or in part 07/94 Page 10 of 13 TEXAS TRAFFIC SAFETY PROGRAM AGREEMENT 6. Incorporation of Provisions: The Subgrantee shall include the provisions of paragraphs 1 through 6 in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives Issued pursuant thereto. The Subgrantee shall take such action with respect to any subcontract or procurement as the Department may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the event a Subgrantee becomes Involved in, or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Subgrantee may request the Department to enter into such litigation to protect the interests of the Department; in addition, the Subgrantee may request the United States to enter into such litigation to protect the interests of the United States. G20. Minority Business Enterprise It is the policy of the U.S. Department of Transportation that Minority Business Enterprises as defined in 49 CFR 23, Subpart A, shall have the maximum 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 Subgrantee agrees to insure that Minority Business Enterprises as defined in 49 CFR 23, Subpart A, have the maximum opportunity in the performance of contracts and subcontracts financed in whole or in part with Federal funds. In this regard, the Subgrantee shall take all necessary and reasonable steps in accordance with 49 CFR 23, exclusive of Subpart D, to insure that Minority Business Enterprises have the maximum opportunity to compete for and perform contracts. ♦ The Subgrantee and any subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of contracts funded in whole or in part with Federal funds. These requirements shall be physically included in any subcontract. Failure to carry out the requirements set forth above shall constitute a breach of this agreement and, after the notification of the Department, may result in termination of the agreement by the Department or other such remedy as the Department deems appropriate. G21. Debarment/Suspension The Subgrantee is prohibited from making any award or permitting any award at any tier to any party which is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, Debarment and Suspension. The Subgrantee shall require any party to a subcontract or purchase order awarded under this agreement to certify its eligibility to receive federal grant funds, and, when requested by the Department, to furnish a copy of the certification. 07/94 Page 11 of 13 TEXAS TRAFFIC SAFETY PROGRAM AGREEMENT G22. Signatory Warranty The undersigned 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. G23. Assurances and Certification The Subgrantee attests that the assurances included in Attachment C of this agreement and the certifica- tion included in Attachment D of this agreement are accurate and current. 07/94 Page 12 of 13 TEXAS TRAFFIC SAFETY PROGRAM AGREEMENT IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED DUPLICATE COUNTERPARTS TO EFFECTUATE THIS AGREEMENT. THE SUBGRANTEE CITY OF LUBBOCK DAVID R. LANGSTON, MAYOR [Name and Title] Date September 22,. 1994 ATTEST: [Sig tore] THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission under the authority of Minute Order No. 82513 and Administrative Circular 26-93 for the purpose and effect of activating and/or carrying out the orders, policies or work programs heretofore approved and authorized by the Texas Transportation Commission under the authority of Minute Order No. 100002. By C/!/ District ngineer Texas Department of Transportation (For local projects under SS0,000 or, recommended for approval for grants $50,000 or greater.) Date BETTY JOHNSON, CITY SECRETARY _ [Name and Title] By Under authority of Ordinance or Resolution Number (For Local Governments) Resolution 14612 Director, Traffic Operations Division Texas Department of Transportation (Not required for local grants under $50,000.) Date LVMaHing 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, THE ADDRESS INDICATED BY THE MAIL CODE, LAST THREE DIGITS OF THE PAYEE IDENTMCATION NUMBER -PIN - [FORMERLY VID NUMBER) ON PAGE 1, SHALL BE USED. IF THAT ADDRESS IS NOT APPROPRIATE FOR WARRANTS, PLEASE CHANGE THE MAIL CODE ACCORDINGLY, AND NOTIFY TXDOT OF ANY CHANGE.) For the Subgrantee: For the Texas Department of Transportation: CITY OR LUBBOCK KEN SYLVESTER P.O. BOX 2000 P.O. BOX 771 - --LUBBOCK, TX- 79457 LUBBOCK, TX 79408-0771- - 767-2748 745-4411 07/94 Page 13 of 13 ATTACHMENT C STANDARD ASSURANCES 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: 1. It possesses legal authority to apply for the grant; that a resolution, motion, or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as maybe required. 2. It will comply with Title VI of the Civil Rights Act of 1964 (PL 88-352) and in accordance with Title VI of that Act, no person in the.United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives federal financial assistance and will immediately take any measures necessary to effectuate this agreement. 3. It will comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d) prohibiting employment discrimination where (1) the primary purpose of a grant is to provide employment or (2) discriminatory employment practices will result in unequal treatment of persons who are or should be benefiting from the grant -sided activity. 4. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (PL 91-646) which provides for fair and equitable treatment of persons displaced as a result of federal and federally assisted programs. 5. It will comply with the provisions of the Hatch Act which limit the political activity of employ- ees. 6. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act, as they apply to hospital and educational institution employees of State and local governments. 7. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 8. It will give the sponsoring agency the access to and the right to examine all records, books, papers, or documents related to the grant. 07/94 Page 1 of 2 STANDARD ASSURANCES, continued 9. It will comply with all requirements imposed by the sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. 10. It will insure that the facilities under its ownership, lease, or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 11. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, PL 93-234, 87 Stat. 975, approved December 31, 1976. Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect federal assistance. 12. It will assist the grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeolog- ical and Historic Preservation Act of 1966 (26 USC 469a-1 g4 Legg 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 proper- ties. 13. It will comply with Texas Civil Statutes, Art. 5996a, by insuring that no officer, employee, or member of the applicant's governing body or of the applicant's grant 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 employ- ment of a person who shall have been continuously employed for a period of two years prior to the election or appointment of the officer, employee, or governing body member related to such person in the prohibited degree. It will insure that all information collected, assembled, or maintained by the applicant relative to this project shall be available to the public during normal business hours in compliance with Texas Civil Statutes, Art. 6252-17a, unless otherwise expressly provided by law. It will comply with Texas Civil Statutes, Art. 6252-17, which requires all regular, special, or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. 07/94 Page 2 of 2 ATTACHMENT D DEBARMENT CERTIFICATION (1) The SUBGRANTEE certifies to the best of its knowledge and belief, that it and its principals; (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgement rendered against then 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; (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. DAVID R. LANGSTON MAYOR Title September 22, 1994 Date 07/94 TSGRANT. CWO Page 1 of 1 ATTACHMENT A APPROVED PROJECT DESCRIPTION HOLIDAY DRIVING WHILE INTOXICATED (DWI) SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) CITY OF LUBBOCK SUBGRANTEE I. AUTHORIZATION: This grant implements Task B of 95-02-02 of the FY95 Highway Safety Plan. II. PROBLEM STATEMENT: The drunk driver continues to be a major contributor to traffic crashes and fatalities in Texas. Many alcohol - related deaths occur around various holidays. The 1992 Save City/Save County Ranking for Driving While Intoxicated (DWI) crashes, that appear in the annual Highway Safety Plan, ranks Texas cities and counties with respect to the severity of the problem. The Subgrantee named herein is on that list with a Weighted Ranking Number of 19 Several roadways within this jurisdiction have demonstrated a significant over -representation of crashes. This is the 1ST year the Subgrantee has received federal 402 funds for the Holiday DWI STEP. III. OBJECTIVES: Within Subgrantee's jurisdiction: A. To reduce the number of alcohol -related crashes by 1ST N AR by the end of the grant period when compared to the total alcohol -related crashes for the same time period during the previous year. B. To1rS the proportion (%) of alcohol -related crashes by N A when compared to total crashes for the same time period during the previous year. C. To increase the total number of DWI's arrested by 1ST YEARN/A) ( %) when compared to the total DWI's arrested for the same time period during the previous year. D. To require that all officers assigned to work Holiday DWI STEP are trained in the NHTSA/IACP DWI Detection Standardized Field Sobriety Testing (SFST). Nothing in this agreement shall be interpreted as a requirement, formal or informal, that a police officer issue a specified or predetermined number of citations in pursuance of the Subgrantee's obligations hereunder. HDWI.8/94 page 1 of 6 IV. RESPONSIBILITIES OF THE SUBGRANTEE: A. Carry out the objectives of this grant by implementing the Operational Plan and the Action Plan in this attachment. B. All newly developed public information and education (PI&E) materials must be submitted to the Department's Traffic Operations Division, Traffic Safety Section, for written approval prior to final production. Reproduction of National Highway Traffic Safety Administration or other federal government endorsed material already approved is permissible without Department approval. Prior to the development of any materials, the Subgrantee will contact the Department regarding the procedures for producing, distributing, maintaining, and reporting on the use of PI&E materials. C. An Administrative Evaluation summarizing all activities and accomplishments will be submitted on Department approved forms no later than 45 days after the grant ending date. D. Attend meetings according to the following: 1. The Subgrantee will arrange for meetings with the Department no less than quarterly to present status of activities, discuss problems and schedule for the following quarter's work. 2. The project coordinator or other qualified person will be available to represent the Subgrantee at meetings requested by the Department. E. For out of state travel expenses to be reimbursable, the Subgrantee must have obtained the approval of the Department prior to the beginning of the trip. A copy of the documentation of that approval must accompany the Request for Reimbursement. Grant approval does not satisfy this requirement. F. Maintain verification that wages or salaries for which reimbursement is requested is for work exclusively related to this project. G. Holiday STEP enforcement activities under this grant must be maintained at a level equal to or exceeding enforcement activities for the corresponding holiday during the previous year. H. Ensure that the enforcement hours worked under the grant are for STEP activities. I. Ensure that each officer working on the STEP project HDWI.8/94 page 2 of 6 V. will complete an officer's daily report form that is approved by the Department. J. Ensure that no officer above the rank of Lieutenant will be reimbursed for enforcement duty. K. $upport grant enforcement efforts with public information and education. Enforcement salaries being claimed for PI&E activities must be included in the budget. L. Subgrantees with a Traffic Division will utilize traffic personnel for this grant unless such personnel are unavailable for assignment. M. Provide a certifying letter to the Department from the enforcement agency head or Chief stating that all STEP officers working the grant are SFST trained. (If there is a legitimate reason that a non -trained officer is proposed to work, a request to work a non - trained officer must be submitted to the Department's Traffic Operations Division, Traffic Safety Section, for approval prior to the assignment). N. Within 30 days of grant agreement approval, provide the Department with a letter signed by the Subgrantee signatory stating by title who will have signature authority for applicable grant -related documents (Requests for Reimbursement, Project Performance Reports, Cost Assumption Plan, Project Extension Request, and the Administrative Evaluation Report). O. Ensure that salaries for employees reimbursed under this grant are either overtime pay or additional hires. In no case will federal funds supplant (i.e., replace existing state or local expenditures with the use of federal grant funds) Subgrantee wages. RESPONSIBILITIES OF THE DEPARTMENT: A. Monitor the Subgrantee's compliance with performance obligations and fiscal requirements of this grant. B. Provide program management and technical assistance as appropriate. C. Reimburse the Subgrantee for all eligible costs as defined in Attachment B, Approved Project Budget. Requests for Reimbursement will be processed up to the maximum amount payable when submitted in the manner and within the time frames, as specified in Article 3. D. Perform an administrative evaluation of the project at the close of the grant period to include a review of adherence to budget, Action Plan and attainment of objectives. HDWI.8/94 page 3 of 6 VI. PERFORMANCE INDICATORS: The following performance indicators, when applicable, shall be included in each Performance Report, Annex Report, and summarized in the Administrative Evaluation: A. Number of Holiday STEP DWI arrests. B. Total number of Holiday DWI arrests, speed, safety belt, and child restraint citations. C. Number of Holiday STEP enforcement hours worked. D. Number of enforcement hours per DWI arrest. E. Maintenance of non -STEP DWI arrest activity (see IV.G). F. Number of officers working Holiday DWI STEP trained in SFST. G. Number of officers working Holiday DWI STEP. H. Percent change in alcohol -related crashes compared to total crashes. I. Number of presentations conducted in support of this grant. J. Number of persons attending presentations. K. Number of media exposures (i.e., news releases and interviews). L. Number of community events in which STEP officers participated (i.e., health or safety fairs, booths). M. Number of public information and education materials produced. N. Number of public information and education materials distributed (by item). HDWI.8/94 page 4 of 6_ VII. OPERATIONAL PLAN: STEP SITE NUMBER SITE DESCRIPTION (INCLUDE APPROXIMATE LENGTH IN MILES) START OF SHIFT (DAY/TIME) END OF SHIFT* (DAY/TIME) ALL FEDERAL, STATE AND COUNTY HIGHWAYS, ALL CITY STREETS WITHIN THE CITY LIMITS OF LUBBOCK BOUNDRIED BY OLIVE AVE. EAST, 114TH ST. SOUTH UITSNA AVE. 23:00 DURING SELECTED WORK DAYS. 04:00 DAYS OF ELIGIBLE WEST, BLUEFIELD ST. NORTH NOTE: Eligible days are: October 28-31, November 23-26, December 21-26, 28-31, 1994; January 1-2, May 26-31, and June 30 - July 5, September 1-5, 1995. Subgrantee may work additional STEP enforcement hours on other holidays with prior written approval from the Department's Traffic Operations Division, Traffic Safety Section. These additional holidays must be described in the Project Performance Report . * If an officer makes does not complete the end, the officer can that arrest. a STEP -related arrest during the shift, but arrest before the shift is scheduled to continue working under the grant to complete HDWI.8/94 page 5 of 6 ACTION PLAN OBJECTIVE: KEY: TASK: To fulfill administrative and general grant requirements. 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. Grant delivery meeting held. Department P 2. Requests for Reimbursement Subgrantee P P P p submitted. 3. Performance and Annex Reports Subgrantee P P P P P P P P P P P p submitted. 4. Grant progress review meeting. Subgrantee & P P P P Department 5. Conduct on -site monitoring Department P 6. Submit baseline data Subgrantee & p referenced in objectives. Department 7. Submit cost assumption plan. Subgrantee P 8. Administrative Evaluation Subgrantee P submitted. 9. Submit SFST training Subgrantee P letter. 10. Submit letter regarding Subgrantee p signature authority. HDWI.8/94 page 6 of 6 ATTACHMENT B APPROVED PROJECT BUDGET HOLIDAY DRIVING WHILE INTOXICATED (DWI) STEP CITY OF LUBBOCK SUBGRANTEE (Round figures to nearest $) Local/ Federal State Total Funds Funds Funds BUDGET CATEGORY I - LABOR COSTS: (100) SALARIES A. ENFORCEMENT (overtime) 1. Traffic Officers: 320 hours $ 7,578 $ N/A $ 7,578 @ 23.68 per hour =- 1 .578 2. Sergeants: hours @ per hour = $ 3. Lieutenants: hours @ per hour = $ $ N/A $ N/A $ N/A $ N/A $ N/A $ N/A B. STAFF AND.SUPERVISORY SUPPORT (not to exceed 10% of total grant amount) 1. Project Director (overtime): 7 hours @ 27.01 per hour = $ 189 $ 189 $ N/A $ 189 2. Clerk/data entry: $ N/A $ N/A $ N/A ( overtime or regular time; type X in appropriateblank) hours @ per hour = $ C . OTHER SALARIES $ NA $ N/A $ N/A Please identify (Type, # hours, rate): D . PI&E ACTIVITIES $ N/A $ N/A $ N/A (Not to exceed 10% of (100) Salaries) hours @ $ hour = $ TOTAL (100) SALARIES per HDWI.8/94 Page 1 of 3. $ 7,767 $ N/A $ 7,767 Local/ Federal State Total Funds Funds Funds (200) FRINGE BENEFITS Rate: $ NA $ N/A $_ N/A (300) TRAVEL AND PER DIEM (actual $ N/A $ N/A $_ N/A costs not to exceed state rates) 1. SFST Training = $ (not to exceed 20% of total grant for 1st year subgrantees, 10% for 2nd year, or 5% of total grant for year 3 or beyond) 2. Other Travel = $ TOTAL ( 3 00 ) TRAVEL $ N/A $ N/A $ N/A TOTAL LABOR COSTS BUDGET CATEGORY -II - OTHER DIRECT COSTS: (400) EQUIPMENT (specify type/quantity) (700) OTHER MISCELLANEOUS COSTS $ 7,767 $ N/A $ 7,767 $ NA $ N/A $ N/A A. MILEAGE (Rate used only for $ budget estimate. Reimbursement will be made according to the approved subgrantee's rate, not to exceed $0.28/mile. Documenta- tion of rate is required prior to reimbursement.) 832 miles @ .026 per mile 233 $ N/A $ 233 For match only: miles @ per mile $ NA $ N/A $ N/A (amount above approved state rate) HDWI.8/94 page 2 of 3 Local/ Federal State Total Funds Funds Funds B. PUBLIC INFORMATION AND EDUCATION MATERIALS $ N/A $ N/A $ N/A (up to 5% of grant amount) 1. Educational items = $ (for example: brochures, bumper stickers, posters, flyers) 2. Promotional items = $ (for example: key chains, magnets, pencils, pens, mugs) TOTAL (700) OTHER MISCELLANEOUS $ N/A $ N/A $ N/A SUMMARY: TOTAL OTHER DIRECT COSTS $ 233 $ N/A $ 233 TOTAL LABOR COSTS $ 7,767 $ N/A $ 7,767 TOTAL OTHER DIRECT COSTS $ 233 $ 'N/A $ 233 GRAND TOTAL $ 8,000 $ N/A $ 8,000 FUND SOURCES: Federal Funds ( 100 Local Funds ( %) $ 8,000 + $ = TOTAL $ 8,000 (Art. 3. A., pg. 2 of 13) HDWI.8/94 Page 3 of 3