HomeMy WebLinkAboutResolution - 5201 - Grant Agreement - TDOT - TTSP, OPSTE & SEP - 06_24_1996RESOLUTION NO.5201
June 24, 1996
Item #19
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
g Agreement, attached herewith, by and between the City of Lubbock and the Texas Department
of Transportation for Occupant Protection Selective Traffic Enforcement and Speed
Enforcement Projects, and any associated documents, which Agreement shall be spread upon
the minutes of the Council and as spread upon the minutes of this Council shall constitute and
be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 24th day of June , 1996,
AVID R. LANGSTON, MAYOR
ATTEST:
�i
Betty A Johnson City Secretary
APPROVED AS TO CONTENT:
Ken A. Walker, Police Chief
APPROVED AS TO FORM:
D nald G. Vandiver, first Assistant
City Attorney
DGV Aalccdocs/trafenf.res
June 18, 1996
Resolution No. 5201
June 24, 1996
Item #19
ATTACHMENT A
SAFE AND SOBER WAVES
(SUMMER HOLIDAY Selected Traffic Enforcment Projects)
City of i_uhhock
SUBGRANTEE
This grant implements Task D, of 96-04-02 of the FY96 Highway Safety Plan.
1 ` "TO 9t►+ IRIV krNY 75 13101
Results of special statewide demonstration STEPs conducted in five states affirm that
coordinated waves of enforcement, surveys, and public information and education are
feasible, manageable, and highly effective in reducing traffic -related fatalities, injuries,
and costs. Reports from these demonstration states show significant increases in safety
belt use rates, high-level law enforcement participation, and extensive publicity
generated from both state and community program activity.
Seasonal problems are evident in traffic with alcohol, safety belts and/or speeding.
These trends can be addressed by focusing on the key issue(s) of safety during peak
times such as speed and seat belt enforcement during the summer holidays.
Speeding continues to be a major contributor to traffic crashes and resulting injuries
and fatalities, not only on our State"s highways, but on all types of roadways within our
cities and towns as well. Law enforcement entities have the opportunity through Safe
& Sober Waves to focus their enforcement efforts on those streets and roadway_ s that
have a high number of speed -related crashes and/or experience high rates of
noncompliance with the posted speed limits.
The Subgrantee named herein has identified roadways that have been found to have
substantial degrees of noncompliance with posted speed limits within city or town
limits.
One of the best defenses against a drunk or speeding driver is a properly worn safety
belt. According to the National Safety Council, people who wear safety belts have a
45 % better chance of surviving a serious traffic crash and a 50% better chance of
surviving without severe injuries. The State of Texas has had a Mandatory Use Law
(MUL) for safety belts for the past 10 years. Since that time, Texas has seen safety
belt use rise to among the highest levels in the country. In 1995, according to the
Texas Transportation Institute (TM, Texas A&M University, the percent of drivers
SAF&SOB.WAVE 5/96 page 1 of 9
restrained in 18 Texas cities was approximately 78.7%. A statewide weighted estimate
of safety belt use for front seat occupants in 1995 was 71.75 %.
The child passenger restraint law was implemented in 1984 for infants and children
from birth to 4 years of age to protect them while riding in a car or light truck.
According to TTI, the statewide usage for this age group in 1995 was 58.5%.
The statewide goal for FY 1996 is to achieve at least 75 % safety belt use by drivers
and front seat passengers and 70% child safety seat or safety belt use by passengers
from birth to 4 years of age.
The Subgrantee will conduct pre- and post -speed and safety belt surveys in the targeted
cities to determine local usage and speed rates before and after each wave.
The 1994 Save City/Save County Ranking, which appears in the annual Highway
Safety Plan, ranks Texas cities and counties with respect to the severity of problem.
This Subgrantee has Weighted Ranking Numbers as follows:
1994 QARANK Adult - No Belt - 23
Speed - 8
This project will reduce speeds in excess of the posted speed limit and increase safety
belt and safety seat usage rates through two waves of enhanced enforcement and public
information and education efforts.
In each targeted city:
A. To reduce the percentage of vehicles exceeding the speed limit by 10 % for
each wave (Independence Day and Labor Day).
B. To increase safety belt use among drivers and front seat passengers by
percentage points and child passenger restraint use by _10 percentage points
for each wave (independence Day and Labor Day).
C. To incorporate pre- and post -public information and education (PI&E) efforts
into the Safe and Sober Wave activities.
Nothing in this agreement shall be interpreted as a requirement, formal or informal,
that a police officer issue a specified or predetermined number of citations in pursuance
of the Subgrantee's obligations hereunder.
page 2 of 9
SAF&SOH.WAVe 5196
IV. RESPONSIBILIT USOETHE, SiiRGRANTEE-
A. Carry out the objectives of this grant by implementing 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 (TRF-TS), for written approval prior to final production. Reproduction
of National Highway Traffic Safety Administration or other federal government
endorsed material already approved is permissible without Department approval.
Prior to the development of any materials, the Subgrantee will contact the
Department regarding the procedures for producing, distributing, maintaining,
and reporting on the use of PI&E materials.
C. An Administrative Evaluation summarizing all activities and accomplishments
will be submitted on Department approved forms no later than 45 days after the
grant ending date.
D. Attend meetings according to the following:
1. The Subgrantee will arrange for a meeting with the Department to
present status of activities and discuss problems and scheduling.
2. The project coordinator or other qualified person will be available to
represent the Subgrantee at meetings requested by the Department,
E. For out of state travel expenses to be reimbursable, the Subgrantee must have
obtained the approval of the Department prior to the beginning of the trip. A
copy of the documentation of that approval must accompany the Request for
Reimbursement. Grant approval does not satisfy this requirement.
F. Maintain verification that wages or salaries for which reimbursement is
requested is for work exclusively related to this project.
G. In addition to the Safe and Sober Wave enforcement activities, maintain the
agency's total non -STEP enforcement citations at no less than the level attained
prior to grant approval.
H. Ensure that the enforcement hours worked under the grant are for STEP Wave
activities.
I. Ensure that each officer working on the STEP Wave project will complete an
officer's daily report form. At a minimum, the form should include: name,
date, badge number, type grant worked, grant site number, mileage (including
starting and ending mileage), hours worked, type citation/arrest, officer and
supervisor signatures.
page 3 of 9
SAF&SOB.WAVE 5/96
Ensure that no officer above the rank of Lieutenant will be reimbursed for
enforcement duty.
K. Support grant enforcement efforts with public information and education.
Enforcement salaries being claimed for PI&E activities must be included in the
budget.
L. Officers assigned to Speed sites should be trained in the use of radar or laser
speed measurement devices.
M. Officers assigned to OP sites should be trained in the Occupant Protection
Usage Enforcement (OPUS) course approved by the Texas Commission on Law
Enforcement Officer Standards and Education (TCLEOSE).
N. Subgrantees with a Traffic Division will utilize traffic personnel for this grant
unless such personnel are unavailable for assignment.
O. Conduct pre- and post -occupant restraint observational surveys to establish
driver and child restraint usage rates for each Wave.
P. Prior to conducting Speed enforcement, survey and select enforcement sites that
comply with existing state mandated limits in accordance with the Texas
Transportation Code, Section 545.352.
Q. Locate Speed enforcement in areas where there is at least a 50%
noncompliance with the posted speed limit.
R. Conduct pre- and post -speed zone measurements for each wave of Speed
enforcement to determine impact of effort.
S. Ensure that salaries for employees reimbursed under this grant 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.
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 as indicated on the cover page of the agreement.
page 4 of 9
SAF&SOB.WAVE 5/96
D. Perform an administrative evaluation of the project at the close of the grant
period to include a review of adherence to budget, Action Plan and attainment
of objectives.
E. Ensure that speed zone measurements are conducted to determine appropriate
Speed sites and pre- and post -wave speed compliance measurements.
F. Ensure that occupant restraint surveys are conducted to determine pre- and post -
wave usage rates.
The following performance indicators, when applicable, shall be included in each
Performance Report, Annex Report, and summarized in the Administrative Evaluation:
A. Number of Speed and Occupant Protection (OP) citations issued and DWI
arrests during enforcement phase of the Safe and Sober STEP Wave.
B. Subgrantee total arrests or citations during the enforcement phase (including
STEP) for each of the following:
• DWI
• Speed Over Limit
• Safety Belt
• Child Restraint
C. Number of enforcement points per hour (Note: Speed = 1 point, OP = 1 point,
and DWI = 18 points).
D. Speed Performance Indicators.
1. Number of Speed site enforcement hours worked.
2. Number of Speed citations per enforcement hour.
3. Maintenance of non -STEP Speed citation activity (see 1V. G).
4. Compliance with posted speed limits at STEP sites.
5. Number of speed -related crashes.
E. Occupant Protection Performance Indicators.
1. Number of safety belt/child restraint citations per enforcement hour.
page 5 of 9
SAF&SOB.WAVE 5196
2. Maintenance of non -STEP safety belt and child restraint activity (see IV.
G).
3. Number and results of occupant protection surveys conducted.
4. Percentage point change in observed safety belt and child restraint usage
between pre- and post -surveys.
5. Number of officers working OP STEP trained in the Occupant
Protection Usage Enforcement (OPUS) course.
6. Number of officers working OP STEP.
G. Number of presentations conducted in support of this grant.
H. Number of persons attending presentations.
I. Number of media exposures (i.e., news releases and interviews).
J. Number of community events in which STEP Wave officers participated (i.e.,
health or safety fairs, booths).
K. Number of public information and education materials distributed (by item).
page 6 of 9
SAF&SOB.WAVE 5/96
V11. CWERATIONAL PLAN. -
A. Speed STEP Wave
SITE DESCRIPTION
START OF SHIFT
END OF SHIFT
Citywide
First Wave:
(Speed enforcement should be focused on areas where there is
July 2
July 6
at least a 50% noncompliance with the posted speed limits)
Second Wave:
July 31
August 4
B. OP STEP Wave
SITE DESCRIPTION
START OF SHIFT
END OF SHIFT
Citywide
First Wave:
(Daylight hours)
July 2
July 6
Second Wave:
July 31
August 4
* If an officer makes a STEP Wave -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.
page 7 of 9
ACTION PLAN
OBJECTIVE:
KEY: P = planned activity
C = completed activity
R = revised
TASK: To fulfill administrative and general grant requirements.
ACTIVUY
MPONSIBLe
mojEc'r MONTH
OC
NO
DE
]A
FB
MR
AP
MY
1. Grant delivery meeting held.
Department
2. R ests for Reimbursement submitted.
Suberantee
3. Performance and Annex Re its submitted.
Suberantee
4. Grant progress review meeting.
Subgrantee &
Department
5. Conduct on -site monitoring visit.
Department
b. Submit pre- and post -data referenced in
Objectives A and B.
Subgmntee
7. Administrative Evaluation submitted.
Suberantee
8. Submit letter regarding signature authority.
Suberantee
9. Submit operational cost per vehicle mile (if
a ticable).
Subgrantee
10. Conduct speed zone measurements.
Suberantee
11. Conduct belt use and child restraint
observational surveys
Subgrantee
page 8 of 9
SAF&SOB.WAVE 5/96
ACTION PLAN
OBJEC 1VE:
KEY: P = planned activity
C = completed activity
R = revised
TASK: Conduct public information and education (PI&E) activities.
ACTrVrrY
RES PONS IBI,E
PROJECT MONTH
Oc
NO
DE
JA
FB
MR
AP
MY
1. Contact the Department regarding PI&E
procedures and planning.
Subgrantee
2. Distribute materials.
Subgrantee
I Maintain records of s!1 PIBcE materials
receive&distnbuted.
Subgrantee
4. Report on activities.
Subgrantee
5. Conduct news conference(s).
Subgrantee
6. Issue news release(s).
Subgrantee
7. Conduct presentations.
Subgrantee
8. Participate m community events (i.e.,
health or safety fairs, booths).
Subgrantee
page 9 of 9
ATTACHMENT B
APPROVED PROJECT BUDGET
SAFE AND SOBER WAVE
City of Lubhock
SUBGRANTEE
(100) SALARIES"
A. ENFORCEMENT (overtime)
(Round figures to nearest $)
1. Traffic Officers: hours $
per hour = $
2. Sergeants: hours $
® per hour = $
3. Lieutenants: hours $
per hour = $
B. STAFF AND SUPERVISORY SUPPORT (not to
exceed 10% of total grant amount)
1. Project Director (overtime): $
hours per hour = $
2. Clerk/data entry: $
(_ overtime or regular time;
type X in appropriate blank)
hours ® per hour = $
C. OTHER SALARIES (overtime) $
(ie. conducting surveys, etc.)
Please identify (Type, a hours, rate):
D. PI&E ACTIVITIES (overtime) $
(Not to exceed 10% of (100) Salaries)
hours 0 $ per hour = $
TOTAL (100) SALARIES $
*• (Hourly wage rates are estimated for budget purposes only. Reimbursement will be based on Actual costs
per hour, per employee, and in accordance with subgrantee's payroll policy.)
Page 1 of 2
SAE&SOB.WAVE 5196
Eederul Eunds
(300) TRAVEL AND PER DIEM (actual $
costs not to exceed state rates)
TOTAL (300) TRAVEL $
TOTAL LABOR COSTS $
(700) OTHER MISCELLANEOUS COSTS
A. MILEAGE (Rate 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 $0.2$/mile.
Documentation of cost per mile is required
prior to reimbursement.)
SUMMARY:
miles ® per mile
TOTAL (700) OTHER MISCELLANEOUS $
TOTAL OTHER DIRECT COSTS $
TOTAL LABOR COSTS $
TOTAL OTHER DIRECT COSTS $
GRAND TOTAL $
page 2 of 2
ATTACHMENT C
Y d��Yi
Fw 1U
W` 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 may be required.
2. It will comply with Title VI of the Civil Rights Act of 1964 (Public Law 88-352) and in
accordance with Title VI of that Act, no person in the United States shall, on the grounds of race,
color, or national origin be excluded from participation in, be denied benefits of, or be otherwise
subjected to discrimination under any program or activity for which the applicant receives federal
financial assistance and will immediately take any measures necessary to effectuate this agreement.
3. It will comply with Title VI of 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-W) which provides for fair and equitable treatment of
persons displaced as a result of federal and federally assisted programs.
5. It will comply with the provisions of the Hatch Act which limit the political activity of employees.
6. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor
Standards Act, as they apply to hospital and educational institution employees of State and local
governments.
7. It will establish safeguards to prohibit employees from using their positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves or others,
particularly those with whom they have family, business, or other ties.
8. It will give the sponsoring agency the access to and the right to examine all records, books,
papers, or documents related to the grant.
9. It will comply with all requirements imposed by the sponsoring agency concerning special
requirements of law, program requirements, and other administrative requirements.
Page I of 2
31"wd A.wrww.
TzDOT Form ies4
an4
Attwdnw % C kammurdl
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
€02(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
Archeological and Historic Preservation Act of 1966 (16 USC 469a-1 es set-) by (a) consulting
with the State Historic Preservation Officer to conduct the investigation, as necessary, to identify
properties listed in or eligible for inclusion in the National Register of Historic Places that are
subject to adverse effects (see 36 CFR 800.8) by the activity, and notifying the federal grantor
agency of the existence of any such properties, and by (b) complying with all requirements
established by the federal grantor agency to avoid or mitigate adverse effects upon such properties.
13. It will comply with Chapter 573 of the Texas Government Code by insuring that no officer,
employee, or member of the applicant's governing body 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 employment
of a person described in Section 573.062 of the Texas Government Code,
It will insure that all information collected, assembled, or maintained by the applicant relative to
this project shall be available to the public during normal business hours in compliance with
Chapter 552 of the Texas Government Code, unless otherwise expressly provided by law.
It will comply with Chapter 551 of the Texas Government Code, which requires all regular,
special, or called meetings of governmental bodies to be open to the public, except as otherwise
provided by law or specifically permitted in the Texas Constitution.
Page 2 of 2
ATTACHMENT D
+�. DEBARMENT CERTIFICATION
(1) ` the PERFORMING AGENCY 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 trader 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 PERFORMING AGENCY is unable to certify to any of the statements in this certification, such
PERFORMING AGENCY shall attach an explanation to this certification.
,.
OfficialSlgmtzum of CeA13�lng
Title
ate
Page 1 of 1
REvISED!
STEP WAVE SCHEDULE
(THREE WEEK)
PRE-SU RV EYS
CONDUCTED
MEDIA CAMPAIGN
ENFORCEMENT BLITZ
I
I
POST -SURVEYS
CONDUCTED
MEDIA EVENT
E�
1
2 3
4
5 8
7 8
9
10
11
12
13
14
15
1e
17
18
10
1207
221 �I
SUGGESTED DATES OF FIRST WAVE TARGETING INDEPENDENCE DAY:
�-
E x
v
S
I a
)o
1-I
7
) 1
IS a
1
1
/
110
11
12
12
II
14
SUGGESTED DATES OF SECOND WAVE Tm4aEmNG LABOR DAY: }I
24
b
IT
ffi
24 )o
)f
9-1
) )
4 1 5 I f 1 1
1 1
1 !
10
II
R
ACnVMES:
DAYS I THROUGH 4 (FIRST WAVE = JUNE 24-27 SECOND WAVE = AUGUST 23-26)
PRIOR TO CONDUCTING ANY WAVE ENFORCEMENT ACTIVITY, CONDUCT PRE -OBSERVATIONAL SURVEYS TO ESTABLISH
SAFETY BELT AND CHILD SAFETY SEAT USAGE RATES (SURVEY GUIDELINES ATTACHED); AND CONDUCT SPEED ZONE
MEASUREMENTS TO DETERMINE APPROPRIATE SPEED SITES.
DAYS 5 THROUGH 9 (FIRST WAVE = JUNE 28-JULY I SECOND WAVE=AUGU§j 27-30)
CONDUCT LOCAL MEDIA EVENTS IMMEDIATELY BEFORE THE ENFORCEMENT EFFORT TO MAXIMIZE THE VISIBILITY OF
ENFORCEMENT TO THE PUBLIC AND TO TELL THE PUBLIC WHEN, WHERE, HOW AND WHY THE SPEED AND SAFETY BELT
LAWS ARE BEING ENFORCED.
DAYS 9 THROUGH 13 (FIRST WAVE = JULY 2-6 SECOND WAVE = AUGUST j I -SEPTEMBER
4)
INTENSIFY ENFORCEMENT THROUGH AN OVERTIME SELECTIVE TRAFFIC ENFORCMENT PROGRAM WHICH PLACES PRIMARY
EMPHASIS ON INCREASING THE NUMBER OF CITATIONS FOR NON-USE OF OCCUPANT RESTRAINTS AND SPEED VIOLATORS
DURING THE PEAR HOLIDAY TRAFFIC_
DAYS 14 THROUGH 17 (FIRST WAVE - JULY 7- 10 SECOND WAVE=_SEPTEMBER 5-5)
CONDUCT POST -OBSERVATIONAL SURVEYS OF SAFETY BELT AND CHILD SAFETY SEAT RATES AND SPEED ZONE
MEASUREMENTS. MEASURE IMPACT OF MEDIA/ENFORCEMENT EFFORT.
DAYS 18 THROUGH 2 1 (FIRST WAVE = JULY I 1- 1 4 SECOND WAVE = SEPTEMBER 9-1 2)
CONDUCT LOCAL MEDIA EVENTS TO TELL THE PUBLIC WHY THE SPEED AND SAFETY BELT LAWS ARE IMPORTANT AND THE
RESULTS OF THE WAVE.
GUIDELINES
FOR
OCCUPANT RESTRAINT USAGE
SURVEYS
)a PLAN ON CONDUCTING A MINIMUM OF TWO (2) DAYLIGHT SURVEYS - A PRE -SURVEY
AND A POST -SURVEY FOR EACH WAVE. ELIGIBLE VEHICLES INCLUDE PRIVATELY OWNED
PASSENGER CARS AND PICK-UP TRUCKS REGISTERED IN THE STATE OF TEXAS.
0 DIVIDE CITY (OR PLANNED ENFORCEMENT AREA) INTO AT LEAST FOUR (4) SECTIONS.
PICK INTERSECTIONS WITH STOP SIGNS OR TRAFFIC LIGHTS, SO THAT YOUR OBSERVERS
CAN GET A CLEAR VIEW OF THE DRIVERS. MAKE AN OBSERVATION FORM WITH COLUMNS
MARKED "BUCKLED" AND "UNBUCKLED".
'62 LOOK FOR THE DRIVERS SHOULDER BELT. IF YOU REALLY CANT TELL WHETHER
A PERSON IS BUCKLED OR NOT, DO NOT MARK ANYTHING.
Q AT EACH OF THE SELECTED SITES, USING NON -UNIFORMED OFFICERS, OBSERVE FOR
ONE HOUR OR 250 SIGHTINGS, WHICH EVER OCCURS FIRST.
T FOR CHILD RESTRAINT OBSERVATIONS, IT IS RECOMMENDED THAT DAY CARE CENTERS
BE CONTACTED FOR PERMISSION TO OBSERVE AS PARENTS DROP OFF OR PICK UP
CHILDREN. A MINIMUM OF THREE (3) DAY CARE CENTERS IS RECOMMENDED.
O FOR MORE ACCURATE COMPARISON, PRE-SURVEY/POST-SURVEY LOCATIONS AND
START TIMES SHOULD BE CONSISTENT. EXAMPLE - IF AN OBSERVATION SITE IS THE
CORNER OF ELM AND MESQUITE STREETS AT 10 A.M. ON A MONDAY IN THE PRE -
SURVEY, IT SHOULD BE THE SAME IN THE POST -SURVEY.
0/0 WHEN YOU COMPLETE THE SURVEY, DIVIDE THE TOTAL NUMBER OF BELTED BY THE
TOTAL NUMBER OBSERVED. THIS WILL GIVE YOU YOUR PERCENTAGE USAGE RATE.
$ IF YOU NEED MORE INFORMATION CONTACT YOUR TXDOT TRAFFIC SAFETY
SPECIALIST.
Y Federal Pus Throush
Grant Funds CFDA t40.600
Slate Gnat Funds
Misc. Contract
Charge [dumber
PIN
TEXAS HIGHWAY TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
THE STATE OF TEXAS •*
THE COUNTY OF TRAVIS •'
THIS AGREEMENT IS MADE BY and between the State of Texas, acting by and through the Texas Department of
Transportation, hereinafter called the Department, ant City of I jibbock , hereinafter called
the Subgrantee, and becomes effective when fully executed by both parties. For the purpose of this agreement, The
Subgnu tee is designated as a
a • u 3, oot o sue.. T"raftymisvo*+ {- Tft s T,ra
ALTI'HORITY: , known as the , and the Highway
Safety Plan for Fiscal Year-96._.
WITNESSETH
Project Title: SAFE AND SOBER WAVE
" r 1 :, r ,, i e l f I F a l' 1 t1 t� l • 1 �. 1.
sM iI L..Wr n 1 -t1-1
AGREEMENT
Grant Period: The Grant becomes effective on &74/96 . or on the date of final signature, whichever is later,
and ends on 9130/96
Maximum Amount Eligible for Reimbursement: 3
from Fund Source- 402. FFDE,RAI_
Estimated Budget: Federal
Labor $
16117. = _0 V"-.T
TOTAL $
Project Year: _1,
In addition to the Standard Provisions of the Agreement that follow, the following attachments are incorporated as
indicated as a part of the Grant Agreement:
X Attachment A, Approved Project Description
_K_ Attachment B, Approved Project Budget
X Attachment C, Standard Assurances
_X Attachment D, Debarment Certification
— Attachment E, Lobbying Certification
Page I of 10 1196
TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
By
IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED DUPLICATE COUNTERPARTS TO
F�iIATE THIS AGREEMENT.
f egad N..— rr-Snbgrarttee]
Signature
43, City of Lubbock
g l
Legal Name of Subgrantee
David R. Langston, Mayor
[Name and Title]
Data June 24, 1996
THE STATE OF TEXAS
Executed for the Executive Director and approved for
TIW Texas Transportation Commission under the
authority of Minute Omer No. 82513 and Stand Alone
IMbnoWAce 9S4 for the purpose and effect of
activating and/or carrying out the orders, established
policies or work programs heretoforo approved and
authorized by the Texas Transportation Commission
under the authority of Minute to Order No. 100002.
By
District Engineer
Texas Department of Transportation
(for Iota projem each SM.000 cc recommended for
approval for grants $M,000 or greater.)
ATTEST:
Date
!�►urel
Betty M. Johnson, City Secretary By
(Name and Title] Director, Traffic Operations Division
(Not required for local grans wader M,000.)
Under authority of Ordinance or Resolution Number
(for local governments): Date
Resolution No. 5201
Mailing Addrecces
For the purpose of this agreement, the following addresses shall be used to mail all required notices, reports, claims,
and correspondence. (NOTE: For warrants, the address indicated by the mail code, last three digits of the PIN
on page 1, shall be used. If that address is not appropriate for warrants, please change the mail code
accordingly and notify TxDOT of any changes.):
For the Subgrantee:
For the Texas Department of Transportation:
Page 2 of 10
1196
TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
STANDARD PROVISIONS
ARTICLE 1. RESPONSIBILITIES OF THE PARTIES
The Subgrantee shall undertake and complete the project as described in Attachment A, Approved Project
Description, and is accordance with all terms and conditions included hereinafter. The Department shall provide
assistance as appropriate and as specified in said Attachment A.
ARTICLE 2. COMPENSATION
A. Ilse method of payment for this agreement will be based on actual costs incurred up to and not to exceed the
limits specified in Attachment B, Approved Project Budget. The amount included in the project budget will be
deemed to be an estimate only and a higher arrAxint can be reimbursed, subject to the conditions specified in
paragr%* B hereunder. If Attachment B, Approved Project Budget, specifies that costs are based on a specific
rate, pier -unit cost, or other method of payment, reimbursement will be based on the specified method.
B. All payments made hereunder will be made in accordance with Attachment B, Approved Project Budget. The
Subgrantee's expenditures may not exceed any budget category in the Approved Project Budget by an amount
greater than 5% of the total reimbursable amount of the budget without a written agreement amendment.
However, the Subgrantee must provide written notification to the Department of a change of 5% or less, prior to
payment of the Request For Reimbursement that inchdes the change, indicating the amount and percent change
and the reasons) for it. The maxumrm amount payable shall not be increased 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
B, Approved Project Budget, within the time frame specified in Grant Period on page 1.
D. Payment of costs incurred under this agreement is further governed by one of the following cost principles, as
appropriate, outlined in the Federal Office of Management aril Budget (OMB) Circulars:
e A-21, Cost Principles for Educational Institutions,
• A-97, Cost Principles for State aril Local Governments; or,
• A-122, Cost Principles for Nonprofit Organizations.
E. The Subgrantee agrees to submit monthly or quarterly requests for reimbursement, as designated in Attachment
A, within 30 days after the end of the billing period. The Subgrantee will use billing statements acceptable to
the Department. The original billing statement and one copy is to be submitted to the address shown on page 2
of this agreement.
F. The Subgrantee agrees to submit the final request for payment under this agreement within sixty (60) days of the
end of the grant period.
G. The Department will exercise all good faith to make payments within thirty days of receipt of properly prepared
and documented requests for payment. All payments, however, are contingent upon the availability of
appropriated funds.
H. Project agreements supported with federal funds are limited to the length of the agreement period aril usually do
not receive extended funding beyond three years. If both the Department and the Subgrantee agree that the
project has demonstrated merit or has potential long-range benefits, the Subgrantee may apply for funding
assistance beyond the three year limit. To be eligible, the Subgrantee must have a cost assumption plan by the
end of the first twelve months. This plan will include a schedule for phasing in funding from its own resources
and the ping 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.
Unkss exempted, all federally -funded agreements are considered to be subject to the time limit provision.
Page 3of1d 1196
TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
Funding support for all state -funded projects will be limited to the term of the agreement. Any extension
beyond that tune will be negotiated on a case -by -case basis.
ARTICLE 3. LIMITATION OF LIABILITY
Because funds am authorized on a fiscal year basis only, payment of costs incurred hereunder is contingent upon the
availability of furls.
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 the agreement. Such
hmaninurtioa will be conducted in such a manner that will [minimize disruption to the Subgrantee and the Department,
and as further specified in General Provision 09, Termination.
The Subgrantee, if other than a State agency, shall be responsible for settlement of any and all claims and lawsuits by
third parties arising from or incident to the Department's non-payment of the Subgrantee's claim under this
agreement. The Subgrantee expressly acknowledges that its responsibility includes the payment of all damages,
expenses, penalties, fines, costs, charges, and attorney fees, if the claims or lawsuits are based upon the Department's
non-payment of claims submitted under this agreement. The Subgrantee shall defend any suits brought upon all such
ckirns and lawsuits and pay all costs and expenses incidental thereto, but the Department shall have the right at its
option to participate in the defense of any suit, without relieving the Subgrantee of any obligation hereunder.
ARTICLE 4. AGREEMENT AMENDMENTS
If at any time during the agreement period the Department determines that additional funds are needed to continue the
project and the maximum amount payable is insufficient, a written amendment is to be executed to authorize
additional finds, 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 ameodrnent 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 S. ADDITIONAL WORK
If the Subgrantee is of the opinion that any work it has been directed to perform is beyond the scope of this agreement
and constitutes additional work, the Suberantee shall promptly notify the Department in writing. in the event that the
Department fords that such work does constitute additional work, the Department shall so advise the Subgrantee and
provide compensation for doing this work on the same basis as the original work. If the compensation for the
additional work will cause the maximum amount payable to be exceeded, a written amendment will be executed. Any
amendment so executed must be approved within the agreement period specified on the cover page to this Grant.
Page 4 of 10 1196
TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
ARTICLE 6. 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 fuxls 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 S.
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.
ARTICLE 7. GENERAL TERMS AND CONDITIONS
GI. Indemnification
To the extent permitted by law, the Subgrantee, if other than, a State agency, shall save harmless the Department from
all claim and liability due to do 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 allegecl negligent act, by either commission or omission on the part of the
Subgrantee or the Department.
GZ. Inspection of Worst
The Department arid, 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 matte 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 riot 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
procttremeW entered in support of agreement work.
Disputes concetuing 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.
Page 5 of 10 1196
TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
G4. Noncollusion
The Subgrantee warrants that it has not employed or retained any conil-mmy or person, other than a bona We
employee working for it, to solicit or secure this agreement, and that it has not paid or agreed to pay any company or
person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other
consideration contingent upon or resulting from the award or making of this agreement. If the 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 dun 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 mirdmum (1) a comparison of actual accomplishments to the objectives established for the period, (2)
reasons wby established objectives were not met, if appropriate, and (3) other pertinent irdorrtiation including, when
appropriate, analysis and explanation of cost overruns or high unit costs.
The Subgrantee shall submit the final performance report within 30 days after completion of the grant.
The Subgrantee shall promptly advise the Department in writing of events which have a significant impact upon the
agreement, including:
1. Problems, delays, or adverse conditions which will materially affect the ability to attain program objectives,
Prevent the meeting of time schedules and objectives, or preclude the attainment of project work units by established
time periods. This disclosure shall be accompanied by a statement of the action taken, or contemplated, aid 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 then originally projected.
G6. Records
The Subgrantee agrees to maintain all books, documents, papers, accounting records, and other evidence pertaining to
costs incurred and work performed hereunder, said books, documents, papers, accounting records, and other
eviderce pertaining to costs incurred and work performed hereinafter called the records, and shall make such records
available at its office at all reasonable times for the time period authorized in Article 1, Contract Period. The
Subgrantoe further agrees to retain said records for four years from the date of final payment of contract costs
incurred hereunder.
Duly authorized representatives of the Texas State Auditor, the Texas Department of Transportation, the United states
Department of Transportation, and the Office of the Inspector General shall have access to the records at reasonable
times during the contract period and the four years retention period for the purpose of making audits, excerpts,
transcriptions, and other examinations. this right of access is not limited to the four year period but shall last as long
as the records are retained. If any litigation, claim, negotiation, audit or other action involving the records has been
started before the expiration of the four year retention period, the subgrantee shall retain the records until corpletion
of the action and resolution of all issues which arise from it.
G7. Audit
The Subgrantee shall comply with the requirements of the Single Audit Act of 1984, Public Law (PL) 98-502,
ensuring that the single audit report includes the coverage stipulated in the following, as appropriate:
• Paragraphs 6, 8, and 9 of OMB Circular A-128, "Audits of State and Local Governments," or,
• OMB Circular A-133, 'Audits of Institutions of Higher Education and Other Nonprofit Institutions."
Page 6 of 10 1196
TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
GS. 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 authorization and approval of the subcontract by the Department and,
when federal funds are involved, the U.S. Department of Transportation.
Subcontracts in excess of $25,000 shall contain all required provisions of this agreement. No subcontract will relieve
the Subgrantee of its responsibility under this agreement.
G9. Termination
The Department tray 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 Subgramee at least seven days prior to the effective date of termination and specify the effective date of
termination and the mason 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 finals, 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 fuushed 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 mariner 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 reaped to defaults of subcontractors, the Subgrantee shall not be in default by reason of any failure in
performance of this agreement in accordance with its terms (including any failure by the Subgrantee to progress in the
performance of the work) if such failure arises out of causes beyond the control and without the default or negligence
of the Subgrantee. Such causes may include but are not limited to acts of God or of the public enemy, acts of the
Government in either its sovereign or contractual capacity, fires, Floods, epidemics, quarantine restrictions, strikes,
freight embargoes, and unusually severe weather. In every case, however, the failure to perform must be beyond the
control and without the fault or negligence of the Subgrantee.
G10. Gratuities
Texas Transportation Commission policy mandates that employees of the Department shall not accept any benefits,
gifts or favors from any person doing business with or who reasonably speaking may do business with the Department
under this agreement. The only exceptions allowed are ordinary business lunches and items that have received the
advanced written approval of the Department's Executive Director.
Any person doing business with or who reasonably speaking nu►y 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.
Gil. 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 maxi num salary and wage
statutes and regulations, and licensing laws and regulations. When required, the Subgranee shall furnish the
Department with satisfactory proof of its compliance therewith.
G12. Successors rind Assigns
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TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
The Department iuxl the Subgrantee each binds itself, its successors, executors, assigns aril administrators to the
other party to this agreement and to the successors, executors, assigns such administrators of such other parry in
respect to all covenants of this agreement. The Subgrantee shall not assign, sublet, or transfer its interest arxd
obligations in this agreement without written consent of the Department.
G13. Ownership or Documents
Upon completion or termination of this agreement, all documents prepared by the Subgrarttee or furnished to the
Subgramee 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 tinder 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.
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.
G15. Property Management
The Subgrantee shall establish and administer a system to control, protect, preserve, use, maintain, aril dispose of
any property furnished to it by the Department or purchased pursuant to this agreerrtettt in accordance with its own
property management procedures, provided that the procedures are not in conflict with the Department's property
numagement procedures or property management standards, as appropriate, in:
► 49 CFR 19, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments," or,
► OMB Circular A-110, "Uniform Requirements for Grants to Universities, Hospitals, and Other Nonprofit
Organizations.'
G16. Procurement Standards
The Subgrantee shall maintain procurement standards which meet or exceed the requirements, as appropriate, of:
► 49 CFR 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments,' or,
► OMB Circular A-110, "Uniform Requirements for Grants to Universities. Hospitals, and Other Nonprofit
Organizations."
G17. Insurance
When directed by the Department, the Subgrantee, if other than a State agency, shall provide or shall require its
subcontractors to secure a policy of insurance in the maximum statutory limits for tort liability, naming the
Department as an additional insured under its terms. When so directed, the Subgrantee shall provide or shall require
its subcontractor to furnish proof of insurance on Tx -DOT 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).
Page 8 of 10 1 96
TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
G19. Nondiscrimination
During the performance of this agreement, the Subgrantee, its assigns aril successors in interest, agrees as follows:
1. Compl'n�.vith oeguWons: The Subgrantee shall comply with (lie 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, Pats 710.405(b), as they may be amended from tune to time (hereinafter
referred to as the Regulations), which are herein incorporated by reference and made a part of this agreement.
2. NnnAismiMin nj'om• 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 procure melt 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. .SpIkkatinn_c for SdtCOntMd%- IncluMnli PtywinmWrnt nr 1kllatr+ ' lr nndEqujpMPn#- In all solicitations either
by competitive bidding or negotiation made by the Subgrantee for work to be performed ruder a subcontract,
including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified
by the Subgrantee of the Subgramee's obligations under this agreement and the Regulations relative to
nondiscrimination on the grounds of race, color, sex, or national origin.
4. Formation and Rppo= The Subgrantee shall provide all information and reports required by the Regulations,
or directives issued pumiant 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.
S. SanCio.nc_ for Nnrrnmplian : In the event of the Subgnudee's noncompliance with the nondiscrimination
provisions of this agreement, the Department shall impose such sanctions as it or the U.S. Department of
Transportation may determine to be appropriate, including but not limited to:
• withholding of payments to the Subgrantee under the agreement until the Subgrantee complies, and/or
• cancellation, termination, or suspension of the agreement in whole or in part
6. Inegirporafinn nfPros iSionsu The Subgrantee shall include the provisions of paragraphs I through 5 its 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 tnay 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 fins. 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 n aYimuni 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, stational origin, or sex
in the award and performance of contracts fanded in whole or in pail with Federal fusels.
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TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
These requirements shall he physically included in any subcontract.
Failure to carry out the recprirements 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.
G22. Signatory Warranty
The signatory for the Subgrantee hereby represents and warrants that she/he is an officer of the organization for
which she/be has executed this agreement and that she/he has full and complete authority to enter into this agreement
on behalf of the organisation. At the time the signatory for the Subgrantee signs the grant agreement, or within thirty
days, he/she will sign a letter designating signature authority by position title for grant -related documents other than
the grant agreement or grant agreement amendments. These other grant -related documents will include, but not be
limited to, the following. cost assumption plan, application for project extension, administrative evaluation report,
requests for reimbursement (RFR), and routine correspondence.
G23. Assurances and Certification
The Subgrantee attests that the assurances included in Attachment C of this agreement and the certification included in
Attachment D of this agreement are accurate and current.
Page 10 of 10 1 ms