HomeMy WebLinkAboutResolution - 6508 - Grant Agreement - State Of Texas - THTSP - 09/23/1999Resolution No. 6508
Sept. 23, 1999
Item No. 20
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 Grant Agreement,
between the City of Lubbock and the State of Texas, for the Texas Highway
Traffic Safety Program, for speed selective traffic enforcement program, a copy
of which is 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. The City Council hereby
agrees to a cash match of $44,999.68, from the City to fund 50% of the project, as
required by the State of Texas in order to be eligible to receive such State and
federal assistance.
Passed by the City Council this 23rdday of September , 1999.
T: r
City Secretary
APA ED AS TO CONTENT:
/Z P�ir Z'�
105(
Ken A Walker, Chief of Police
APPMVED AS TO FORM:
&ie!I�TSal ssistant City Attorney
Federal Paas Through
Onset Finds CFDA #20.60_
Rate Grant Funds
Misc. Contract S so" k -10 33
Charge Number -
PIN l 107 5 oo0 590 4,0=
TEXAS HIGHWAY TRAFFIC SAFETY PROGRAM GRANT AGREEMENT Resolution No. 6508
THE STATE OF TEXAS ** Sept. 23, 1999
Item No. 20
THE COUNTY OF TRAVIS **
THIS AGREEMENT IS MADE BY and between the State of Texas, acting by and through the Texas Department
of Transportation, hereinafter called the Department, and City of Lubbock hereinafter called the Subgrantee, and
becomes effective when ftpy executed by both parties. For the purpose of this agreement, the Subgrantee is
designated as a(n) local government
AU7HOR1TY: Texas Transportation Code, Chapter 723, the Traffic Safety Act of 1967, and the Highway Safety
Pian for the following Fiscal Year(s) 2800 .
WITNESSETH
Project Title: Sneed Selective Traffic Enforcement ProgMm
Brief Project Description: Conduct an aggressive pr exam with an emphasis on speed pan -compliance.
AGREEMENT
Grant Period: The Grant becomes effective on01 1_99• or on the date of final signature, whichever is later, and
ends on9 30-99.
Maximum Amount Eligible for Reimbursement: $ 45.000 . Cost incurred after the end of a fiscal year cannot
be reimbursed without prior written approval from the Department. (See also Article 3, Limitation of Liability,
in the Standard Provisions.
From Fund Source: 402 Federal
Project Year. 2 Estimated Budget:
Federal State Local
Labor S $44,999.68 $44,999.68
Other Direct Cost
Indirect/F&A Cost
TOTAL S S44,999.68
Project Year: Estimated Budget:
Federal
Labor
Other Direct Cost
Indirect/F&A Cost
TOTAL
S
S
Project Year: Estimated Budget:
Federal
Labor
Other Direct Cost
Indirect/F&A Cost
TOTAL
S
S
State
State
Local
S44,999.68
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
X Attachment B, Approved Project Budget
X Attachment C, Standard Assurances
X Attachment D, Debarment Certification
_ Attachment E, Lobbying Certification (required if amount payable is $100,000 or more)
Attachment F, Child Support Statement
Page I of 10 6199
TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED DUPLICATE COUNTERPARTS TO
EFFECTUATE THIS AGREEMENT.
THE SUBGRANTEE
THE STATE OF TEXAS
Executed by and approved for the Texas
Transportation Commission for the purpose and effect
City of Lubbock of activating and/or carrying out orders, established
[Legal Name of Agency] policies or work programs approved and authorized by
the Texas Transportation Commission
B
[Autho ed gignitt&j By
Windy Sitton, Mayor
[Name and Title]
Date September 23, 1999
ATTEST:
34e Darnell, City Secretary
[Name and Title]
Under authority of Ordinance or Resolution
Number (for local governments):
Mailing Addresses
Texas Department of Transportation
(For local projects under $100,000 or re m=ended foi
approval for grants $100,000 or greater.)
Date 2
By
Director, Traffic Operations Division
(Not regnirod for local grants wader $100,000.)
I
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. N that address is not appropriate for warrants, please change the mail -
code accordingly and notify TzDOT of any changes.):
For the Subgrantee:
City of Lubbock
P.O. Boz 2000
Lubbock, Texas 79457
Dana Weller, Lieutenant
For the Texas Department of Transportation:
Karen Peoples
F.O. Boz 771
Lubbock, Texas 79408
Page 2 of 10 6199
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 in accordance with all terms and conditions included hereinafter. The Department shall provide
assistance as appropriate and as specified in said Attachment A.
ARTICLE 2. COMPENSATION
A. The method of payment for this agreement will be based on actual costs incurred up to and not to exceed the
limits specified in Attachment B, Approved Project Budget. The amount included in the project budget will
be deemed to be an estimate only and a higher amount can be reimbursed, subject to the conditions specified
in paragraph B hereunder. If Attachment B, Approved Project Budget, specifies that costs are based on a
specific rate, per-unit cost, or other method of payment, reimbursement will be based on the specified method
B. All payments made hereunder will be made in accordance with Attachment B, Approved Project Budget. The
Subgrantee's expenditures may not exceed any budget category in the Approved Project Budget by an amount
greater than 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 includes the change, indicating the amount and percent
change and the reason(s) for it. The maximum 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 and Budget (OMB) Circulars:
• A-21, Cost Principles for Educational Institutions;
• A-87, Cost Principles for State and Local Governments; or,
• A-122, Cost Principles for Nonprofit Organizations.
E. The Subgrantee agrees to submit monthly or quarterly requests for reimbursement, as designated in
Attachment A, within 30 days after the end of the billing period The Subgrantee will use billing statements
acceptable to the Department. The original billing statement and one copy is to be submitted to the address
shown on page 2 of this agreement.
F. The 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. Payments, however, are contingent upon the availability of
appropriated funds.
H. Project agreements supported with federal funds are limited to the length of the agreement period and usually
do not receive extended funding beyond three years. If both the Department and the Subgrantee 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 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.
Page 3 of 10 6199
TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
ARTICLE 3. LIMITATION OF LIABILITY
Because funds are authorized on a fiscal year basis only, payment of costs incurred hereunder is contingent upon
the availability of funds.
Nat any time during the agreement period the Department determines that there is insufficient funding to continue
the project, the Department shall so notify the Subgrantee, giving notice of intent to terminate the agreement.
Such termination will be conducted in such a manner that will minimize disruption to the Subgrantee and the
Department, and as further specified in General Provision G9, Termination.
The Subgrantee, if other than a State agency, shall be responsible for settlement of any and all claims and lawsuits
by third parties arising from or incident to the Department's non-payment of the Subgrantee's claim under this
agreement. The Subgrantee expressly acknowledges that its responsibility includes the payment of all damages,
expenses, penalties, fines, costs, charges, and attorney fees, if the claims or lawsuits are based upon the
Department's non-payment of claims submitted under this agreement. The Subgrantee 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 4. AGREEMENT AMENDMENTS
If at any time during the agreement period the Department determines that additional funds are needed to continue
the project and the maximum amount payable is insufficient, a written amendment is to be executed to authorize
additional funds, if the Department and the Subgrantee determine to continue project funding.
Additionally, any changes in the agreement period, agreement terms or responsibilities or the parties hereto shall
be enacted by written amendment executed by both parties.
The amendment shall be agreed upon by the parties to this agreement and shall state the change to the mutual
satisfaction of the parties. In no event 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 Subgrantee shall promptly notify the Department in writing. In the
event that the Department finds that such work does constitute additional work, the Department shall so advise the
Subgrantee and provide compensation for doing this work on the same basis as the original work. If the
compensation for the additional work will cause the maximum amount payable to be exceeded, a written
amendment will be executed Any amendment so executed must be approved within the agreement period
specified on the cover page to this Grant.
ARTICLE 6. CHANGES IN WORK
When the approved project description requires a completed work product, the Department will review the 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 5.
If the Department finds it necessary to require the Subgrantee to revise completed work to correct errors appearing
therein, the Subgrantee shall make such corrections and no compensation will be paid for the corrections.
Page 4 of 10 6/99
TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
ARTICLE 7. 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 the subcontractor to provide all reasonable facilities and assistance for the safety and
convenience of the inspectors in the performance of their duties. All inspections and evaluations shall be
performed in such a manner as will not unduly delay the work-
G3.
ork
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 terns, 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 this agreement. If the Subgrantee
breaches or violates this warranty, the Department shall have the right to annul this agreement without liability or,
in its discretion, to deduct from the agreement price or consideration, or otherwise recover the full amount of such
fee, commission, brokerage fee, gift, or contingent fee.
Page 5 of 10 6199
TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
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.
The Subgrantee shall promptly advise the Department in writing of events which have a significant impact upon
the agreement, including:
1. Problems, delays, or adverse conditions which will materially affect the ability to attain program objectives,
prevent the meeting of time schedules and objectives, or preclude the attainment of project work units by
established time periods. This disclosure shall be accompanied by a statement of the action taken or
contemplated and any Department or Federal assistance needed to resolve the situation.
2. Favorable developments or events that enable meeting time schedules and objectives sooner than anticipated
or producing more work units than originally projected.
G6. Records
The Subgrantee agrees to maintain all books, documents, papers, accounting records, and other evidence
pertaining to costs incurred and work performed hereunder, said books, documents, papers, accounting records,
and other evidence pertaining to costs incurred and work performed hereinafter called the records, and shall make
such records available at its office at all reasonable times for the time period authorized in Article 1, Contract
Period The Subgrantee further agrees to retain said records for four years from the date of final payment of
contract costs incurred hereunder.
Duly authorized representatives of the Texas State Auditor, the Texas Department of Transportation, the United
States Department of Transportation, and the Office of the Inspector General shall have access to the records at
reasonable times during the period of the agreement and the four years retention period for the purpose of making
audits, excerpts, transcriptions, and other examinations. This right of access is not limited to the four year period
but shall last as long as the records are retained If any litigation, claim, negotiation, audit or other action
involving the records has been started before the expiration of the four year retention period, the subgrantee shall
retain the records until completion of the action and resolution of all issues which arise from it.
G7. Audit
The Subgrantee shall comply with the requirements of the Single Audit Act of 1984, Public Law (PL) 98-502,
ensuring that the single audit report includes the coverage stipulated in OMB Circular A-133, "Audits of States,
Local Governments, and Other Non -Profit Organizations."
G8. Subcontracts
Any subcontract rendered by individuals or organizations not a part of the Subgrantee's organization shall not be
executed without prior authorization and approval of the subcontract by the Department.
Subcontracts in excess of $25,000 shall contain all required provisions of this agreement. No subcontract will
relieve the Subgrantee of its responsibility under this agreement.
Page 6 of 10 6199
TEXAS TRAFFIC SAFETY PROGRAM GRANT 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.
G10. Gratuities
Texas Transportation Commission policy mandates that employees of the Department shall not accept any benefits,
gifts or favors from any person doing business with or who reasonably speaking may do business with the
Department under this agreement. The only exceptions allowed are ordinary business lunches and items that have
received the advanced written approval of the Department's Executive Director.
Any person doing business with or who reasonably speaking may do business with the Department under this
agreement may not make any offer of benefits, gifts or favors to Department employees, except as mentioned
hereabove. Failure on the part of the Subgrantee to adhere to this policy may result in termination of this
agreement.
G11. Compliance With Laws
The Subgrantee shall comply with all Federal, State and local laws, statutes, ordinances, rules and regulations, and
the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance
of this agreement, including, without limitation, workers' compensation laws, minimum and maximum salary and
wage statutes and regulations, and licensing laws and regulations. When required, the Subgrantee shall furnish the
Department with satisfactory proof of its compliance therewith.
G12. Successors and Assigns
The Department and the Subgrantee each binds itself, its successors, executors, assigns and administrators to the
other party to this agreement and to the successors, executors, assigns and administrators of such other party in
respect to all covenants of this agreement. The Subgrantee shall not assign, sublet, or transfer interest and
obligations in this agreement without written consent of the Department.
Page 7 of 10 6199
TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
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 to perform the work
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.
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
pr'olect.
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 Agreements to State and
Local Governments," or,
OMB Circular A-1 10, "Uniform Requirements for Grants to Universities, Hospitals, and Other Nonprofit
Organizations."
G16. Procurement Standards
The Subgrantee shall maintain procurement standards which meet or exceed the requirements, as appropriate, of:
• 49 CFR 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and
Local Governments," or,
OMB Circular A-110, "Uniform Requirements for Grants to Universities, Hospitals, and Other Nonprofit
Organizations."
G17. Insurance
When directed by the Department, the Subgrantee, if other than a State agency, shall provide or shall require its
subcontractors to secure a policy of insurance in the maximum statutory limits for tort liability, naming the
Department as an additional insured under its terms. When so directed, the Subgrantee shall provide or shall
require its subcontractor to furnish proof of insurance on TxDOT Form 20.102 (12/91) to the Department, and
shall maintain the insurance during the grant period established in Article 1.
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 6199
TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
G19. Nondiscrimination
g 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 refiLses to famish this information,
the Subgrantee shall so certify to the Department or the U.S. Department of Transportation as appropriate, and
shall set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of the Subgrantee's noncompliance with the nondiscrimination
provisions of this agreement, the Department shall impose such sanctions as it or the U.S. Department of
Transportation may determine to be appropriate, including but not limited to:
• withholding of payments to the Subgrantee under the agreement until the Subgrantee complies, and/or
• cancellation, termination, or suspension of the agreement in whole or in part
6. Incorporation of Provisions: The Subgrantee shall include the provisions of paragraphs 1 through 5 in every
subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations or
directives issued pursuant thereto. The Subgrantee shall take such action with respect to any subcontract or
procurement as the Department may direct as a means of enforcing such provisions including sanctions for
noncompliance; provided, however, that in the event a Subgrantee becomes involved in, or is threatened with
litigation with a subcontractor or supplier as a result of such direction, the Subgrantee may 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. Disadvantaged Business Enterprise
It is the policy of the U.S. Department of Transportation that Disadvantaged Business Enterprises as defined in 49
CFR Part 26, shall have the opportunity to participate in the performance of contracts financed in whole or in part
with Federal funds. Consequently the Disadvantaged Business Enterprise requirements of 49 CFR Part 26, apply
to this agreement as follows:
The Subgrantee agrees to insure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, have
the opportunity in the performance of contracts and subcontracts financed in whole or in part with Federal
funds. In this regard, the Subgrantee shall make good faith efforts in accordance with 49 CFR Par 26, to
insure that Disadvantaged Business Enterprises have the opportunity to compete for and perform contracts
and subcontracts.
The Subgrantee and any subcontractor shall not discriminate on the basis of race, color, national origin, or
gender in the award and performance of contracts funded in whole or in part with Federal Rinds.
These requirements shall be physically included in any subcontract.
Page 9 of 10 6199
TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
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.
G22. Signatory Warranty
The signatory for the Subgrantce hereby represents and warrants that she/he is an officer of the organization for
which she/he has executed this agreement and that she/he has full and complete authority to enter into this
agreement on behalf of the organization. At the time the signatory for the Subgrantee signs the grant agreement,
or within thirty days, he/she will sign a letter designating signature authority by position title for grant -related
documents other than the grant agreement or grant agreement amendments. These other grant -related documents
will include, but not be limited to, the following: cost assumption plan, application for project extension,
administrative evaluation report, requests for reimbursement (RFR), and routine correspondence.
G23. Assurances and Certification
The Subgrantee attests that the assurances included in Attachment C of this agreement and the certification
included in Attachment D of this agreement are accurate and current.
G24. Intellectual Property
Intellectual property consists of copyrights, patents, and any other form of intellectual property rights covering any
data bases, software, inventions, training manuals, systems design, or other proprietary information in any form or
medium.
Copyrights: TxDOT, the [other party to the contract], and the federal government reserve a royalty -free,
nonexclusive, and irrevocable license to reproduce, publish, or otherwise use and to authorize others to use for
government purposes:
• the copyright in any works developed under this agreement or under a subgrant or contract under this
agreement; and,
• any rights of copyright to which the [other party to the contract], its subgrantee, or contractor purchases
ownership of with financial assistance hereunder.
Patents: Rights to inventions made under this agreement shall be determined in accordance with 37 CFR 401. The
standard patent rights clause at 37 CFR §401.14 as modified below is hereby incorporated by reference:
• the terms "to be performed by a small business firm or domestic nonprofit organization" shall be deleted from
paragraph (g)(1) or the clause,
• Paragraphs (g)(2) and (g)(3) of the clause shall be deleted; and
• Paragraph (1) of the clause entitled "Communications," shall read as follows: "(1) Communications. All
notifications required by this clause shall be submitted to TxDOT."
If the grant results in the development of any intellectual property as defined in Transportation Code, Section
201.205, the Department and the Subgrantee shall jointly own all the rights, title, and interests in and to all data
and other information developed under the grant. Each agency may license, reproduce, publish, modify, or
otherwise use and authorize others to use the copyright in any work developed under this grant. All such
documents will contain a copyright mark acknowledging this joint ownership. There will not be a charge to either
agency for such use.
Page 10 of 10 6199
ATTACHMENT A
APPROVED PROJECT DESCRIPTION
SPEED
SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP)
City of Lubbock
(Name of Subgrantee)
I. PROBLEM IDENTIFICATION: (insert brief summary of information from project
proposal}
According to crash data provided by the DPS, speeding continues to be a major
contributing factor to traffic crashes & resulting injuries and fatalities. Through this
SPEED STEP, the subgrantee has the opportunity to focus enforcement efforts on
streets and roadways that experience a high number of speed related crashes and/or
high non-compliance with posted speed limits.
The following crash data is indicative of the speed problem in the City of Lubbock:
1998:
1999:
7,653 crashes
1,458 speed related
19.06%
20 fatalaties
3 speed related
15.00%
4,580 crashes
875 speed related
19.11%
19 fatalities
4 speed related
21.00%
Lubbock is a city with a large university with enrollment of approximately 25,000
students. Lubbock is also considered to be a significant medical center for this part of
the state. People driving in from surrounding areas coupled with Lubbock's
population of about 197,000 people create a large volume of traffic. This volume
lends itself to speeding and other traffic related problems. Fatalities are on the rise
with nearly double the number over last year at this time. It is noted that fatalities with
speeding as a factor are also on the increase. It is believed that continued strong
enforcement will help the city reduce these numbers of speed related crashes.
11. OBJECTIVE/PERFORMANCE GOALS:
Objective:
To conduct a Speed STEP in _ Lubbock. Texas by September 30,
2000.
Performance Goals:
SPEED.6/99
FY 2000:
A. To reduce the number of speed crashes by 10 % from the baseline year
(12 months: August 1 1998 through July 31 1999) total number of
1592 speed crashes to 1432 speed crashes by September 30,
2000.
B. To increase the percentage of vehicles in compliance with the speed limit by
20 percentage points by September 30, 2000.
C. To increase the total number of speed citations by at least 20 % from the
baseline year (12 months: August 1 1998 through
July 31 1999) total number of 21.415 speed citations to
25.698 speed citations by September 30, 2000.
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.
Ili. PERFORMANCE INDICATORS:
The following performance indicators, when applicable, shall be included in each
Performance Report or Annex Report, and summarized in the Administrative
Evaluation:
A. Citations/arrests issued under STEP by number and type.
B. Total number of speed citations (including STEP).
C. Number of STEP enforcement hours worked.
D. Number of speed citations per enforcement hour.
E. Maintenance of non -STEP speed citation activity.
F. Number of speed -related crashes.
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).
SPEED.6/99 2
J. Number of community events in which STEP officers participated (i.e., health or
safety fairs, booths).
K Number of public information and education materials produced.
L. Number of public information and education materials distributed (by item).
M. Post survey to determine percent of vehicles exceeding posted speed limits at
STEP sites (only required to be reported in the Administrative Evaluation.)
IV. RESPONSIBILITIES OF THE SUBGRANTEE:
A. Carry out the objective/performance goals of this grant by implementing the
Action Plan in this attachment.
B. Prior to enforcement activity, develop an Operational Plan according to the
Department's site selection criteria, and submit for approval either as an
attachment to this grant or within 30 days of grant start. The Operational Plan
will include: STEP Site; Site description (including approximate length in miles
and posted limits); Speed Survey Results; and Start and End of Shift.
C. implement the Operational Plan as approved. Any changes require prior
written Department approval. A grant amendment is not required unless the
Plan is incorporated in the grant agreement.
D. All newly developed public information and education (PI&E) materials must be
submitted to the Department for written approval prior to final production.
E. 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.
F. Attend meetings according to the following:
1. The Subgrantee will arrange for meetings with the Department as
indicated in the Action Plan to present status of activities, discuss
problems and schedule for the following quarter's work.
2. The project coordinator or other qualified person will be available to
represent the Subgrantee at meetings requested by the Department.
G. 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.
Grant approval does not satisfy this requirement.
H. Maintain verification that wages or salaries for which reimbursement is
requested is for work exclusively related to this project.
SPEED.6/99
I. In addition to STEP enforcement activities, maintain the agency's total non -
STEP speed enforcement citations at no less than the level attained prior to
grant approval.
J. Ensure that the enforcement hours worked under the grant are for STEP
activities.
K. Ensure that each officer working on the STEP project will complete an officer's
daily report form. The form should include: name, date, badge/identification
number, type grant worked, grant site number, mileage if applicable (including
starting and ending mileage), hours worked, type citation/arrest, officer and
supervisor signatures.
L. Ensure that no officer above the rank of Lieutenant (or equivalent title) will be
reimbursed for enforcement duty.
M. Support grant enforcement efforts with public information and education (PI&E).
Enforcement salaries being claimed for PI&E activities must be included in the
budget.
N. Subgrantees with a Traffic Division will utilize traffic personnel for this grant
unless such personnel are unavailable for assignment.
O. Officers assigned to Speed STEP should be trained in the use of radar or laser
speed measurement devices.
P. Prior to conducting Speed enforcement, the Subgrantee must select and
survey enforcement sites that comply with existing state mandated speed limits
in accordance with the Texas Transportation Code, Sections 545.352, 545.353,
and 545.356.
Q. Conduct speed zone surveys to determine appropriate STEP sites. Surveys
may be conducted prior to the beginning of the grant. Those departments
choosing to conduct the speed zone surveys during the first month of the grant
must submit them with a completed Operational Plan within the first thirty (30)
days of the grant. If the Subgrantee selects the option of submitting the Plan
within the first 30 days, no enforcement activity, with the exception of the
surveys, may take place prior to receiving written Department approval of the
Operational Plan.
R. Ensure that salaries for employees reimbursed under this grant will in no way
supplant (i.e., replace state or local expenditures with the use of federal grant
funds) Subgrantee wages for activities which are already supported by local or
state funds.
S. Subgrantee may work additional STEP enforcement hours on holidays or
special events not covered under the Operational Plan. However, additional
SPEED.6/99 4
hours must be reported in the Project Performance Report that covers the time
period for which the additional hours were worked.
T. If an officer makes a STEP -related arrest during the shift, but does not
complete the arrest before the shift is scheduled to end, the officer can
continue working under the grant to complete that arrest.
U. The Subgrantee should have a safety belt use policy. If the Subgrantee
does not have a safety belt use policy in place, a policy should be
implemented during the grant year.
V. RESPONSIBILITIES OF THE DEPARTMENT:
A. Monitor the Subgrantee's compliance with performance obligations and fiscal
requirements of this grant.
B. Provide program management, technical assistance, and attend meetings 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 this
agreement.
D. Perform an administrative review of the project at the close of the grant period
to include a review of adherence to budget, Action Plan and attainment of
objective/performance goals.
SPEED.6/99
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ATTACHMENT B
PROJECT BUDGET
SPEED STEP
(title of Project)
City of Lubbock
(Name of Subgrantee)
(Round figures to nearest $)
Federal Local/State
Funds Funds TOTAL
BUDGET CATEGORY 1- LABOR COSTS
(100) Salaries
Hourly wage rates are estimated for budget purposes
only. Reimbursements will be based on actual
costs per employee in accordance with Sub -
grantee's payroll policy and state rate.
A. ENFORCEMENT (overtime)
1. Officers: 3,008 hours
29.92 per hour= $ 89,999.36 $ 44,999.68 $44,999.68 $ 89,999.36
2. Sergeants: 0 hours
c $0 per hour = 0 0 0 $0
3. Lieutenants: 0 hours
$0 per hour = 0 0 0 $0
B. PIBE ACTIVITIES (overtime) 0 0 $0
[not to exceed 10°% of (100) salaries]
0 hours @ $0 per hour = 0
C. OTHER $0 $0 $0
(i.e., overtime staff, supervisory support, conducting surveys, in-house instructors for OP violators
course: not to exceed 10°% of total grant amount) Type, # hours, rate= 0
TOTAL SALARIES
(200) Fringe Benefits
A. Rate: °% (if not included in hourly rate)
B. Other salaries:
TOTAL FRINGE BENEFITS
(300) Travel and Per Diem $25.00 mealst$70.00 hotel
Mileage (documentation of rate is required
prior to reimbursement), airfare, car rental,
per diem, etc. Reimbursements will be based
in accordance with Subgrantee's travel policy
not to exceed state rates.
TOTAL TRAVEL & PER DIEM
TOTAL LABOR COSTS
Enfbud 6199
Page 1 of 2
$44,999.68 $44,999.68 $89,999.36
$0
$0
$0
0
0
$0
$0
$0
$0
$0 $0 $0
$44,999.68 $44,999.68 $89,999.36
Federal Statell-ocal
Funds Funds TOTAL
BUDGET CATEGORY 11- OTHER DIRECT COSTS:
(400) Equipment (specifytype/quantity)
$0
$0
(500) Supplies (postage, printing, & office supplies, etc.)
$0
$0
(700) Other Miscellaneous (specify)
A. SUBGRANTEE VEHICLE MILEAGE
$0
$0
$0
Rates used only for budget estimate. Reimbursement will be
made according to the approved Subgrantee's average cost per
mile to operate patrol vehicles, not to exceed the state rate.
Documentation of cost per mile is required prior to reimbursement.
For Match Only:
0 miles at $0 per mile = 0
$0
$0
B. REGISTRATION FEES (training, workshops, conferences, etc.)
$0
$0
$0
C. PUBLIC INFORMATION AND EDUCATION (PI&E) MATERIALS
1. Educational items: $0
(examples: brochures, bumper stickers,
posters, flyers, etc.)
2. Promotional items $0
(examples: key chains, magnets,
pencils, pens, mugs, etc.)
TOTAL PI&E
$0
$0
$0
TOTAL OTHER MISCELLANEOUS
$0
$0
$0
TOTAL OTHER DIRECT COSTS
$0
$0
$0
SUMMARY:
TOTAL LABOR COSTS $44,999.68 $44,999.68 $89,999.36
TOTAL OTHER DIRECT COSTS $0 $0 $0
GRAND TOTAL $44,999.68 $44,999.68 $89,999.36
,Fund Sources:
Percent Share 50% 50%
50% Federal $44,999.68 50% local $44,999.68 Total: $89,999.36
BUDGET NARRATIVE: [Include in narrative form any needed explanations as to specifics on
travel (where to, what for, etc.), kinds of equipment, details on large dollar items and subcontracts, etc.)
Enfbud 6/99
Page 2 of 2
Taa
a(T�nyarYtlaw
Foryn 1554
9/9s
STANDARD ASSURANCES
Attachment C
The Subgrantee hereby assures and certifies that it will comply with the regulations, policies, guidelines,
and requirements, including 49 CFR 18 and OMB Circular A-87, or OMB Circulars A-110 and A-21, or
OMB Circulars A-110 and A-122, as they relate to the application, acceptance, and use of federal or state
funds for this project. Also, the Subgrantee assures and certifies to the grant that:
1. It possesses legal authority to apply for the grant; that a resolution, motion, or similar action has been
duly adopted or passed as an official act to the applicant's governing body, authorizing the filing of the
application, including all understandings and assurances contained therein, and directing and
authorizing the person identified as the official representative of the applicant to act in connection with
the application and to provide such additional information as may be required.
2. It will comply with Title VI of the Civil Rights Act of 1964 (Public Law 88-352) and in accordance
with Title VI of that Act, no person in the United States shall, on the grounds of race, color, or national
origin be excluded from participation in, be denied benefits of, or be otherwise subjected to
discrimination under any program or activity for which the applicant receives federal financial
assistance and will immediately take any measures necessary to effectuate this agreement.
3. It will comply with Title VI of Civil Rights Act of 1964 (42 USC 20004) prohibiting employment
discrimination where (1) the primary purpose of a grant is to provide employment or (2) discriminatory
employment practices will result in unequal treatment of persons who are or should be benefiting from
the grant -sided activity.
4. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real
Property Acquisitions Act of 1970 (PL 91-646) which provides for fair and equitable treatment of
persons displaced as a result of federal and federally assisted programs.
5. It will comply with the provisions of the Hatch Act which limit the political activity of employees.
6. It will comply with the minimum wage and maximum hours provisions ofthe 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. h 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.
Pae 1 o 2
Standard Assurances
TxOOT" 1854
/94
Attachment C continued
10. It will insure that the facilities under its ownership, lease, supervision which shall be utilized in the
accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of
Violating Facilities and that it will notify the federal grantor agency of the receipt of any
communication from the Director of the EPA Office of Federal Activities indicating that a facility to be
used in the project is under consideration for listing by the EPA.
11. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973, PL 93-234, 87 Stat. 975, approved December 31, 1976. Section 102(a)
requires, on and after March 2, 1975, the purchase of flood insurance in communities where such
insurance is available as a condition for the receipt of any federal financial assistance for construction
or acquisition purposes for use in any area that has been identified by the Secretary of the Department
of Housing and Urban Development as an area having special flood hazards. The phrase "federal
financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy,
disaster assistance loan or grant, or any form of direct or indirect federal assistance
12. It will assist the grantor agency in its compliance with Section 106 of the National Historic
Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological
and Historic Preservation Act of 1966 (16 USC 469a-1 et sea •) by (a) consulting with the State
Historic Preservation Officer to conduct the investigation, as necessary, to identify properties listed in
or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects
(see 36 CFR 800.8) by the activity, and notifying the federal grantor agency of the existence of any
such properties, and by (b) complying with all requirements established by the federal grantor agency
to avoid or mitigate adverse effects upon such properties.
13. It will comply with Chapter 573 of the Texas Government Code by insuring that no officer, employee,
or member of the applicant's governing body of the applicants grant shall vote or confirm the
employment of any person related with in the second degree of affinity or third degree by consanguinity
to any member of the governing body or to any other officer employee authorized to employ or
supervise such person. This prohibition shall not prohibit the employment of a person described in
Section 573.062 of the Texas Government Code.
It will insure that all information collected, assembled, or maintained by the applicant relative to
this project shall be available to the public during normal business hours in compliance with Chapter
552 of the Texas Government Code, unless otherwise expressly provided by law.
It will comply with Chapter 551 of the Texas Government Code, which requires all regular, special,
or called meetings of governmental bodies to be open to the public, except as otherwise provided by law
or specifically permitted in the Texas Constitution.
Paizego 2
=5904. ATTACHMENT D
ACE=
Pam 1855
9/94 DEBARMENT CERTIFICATION
(1) The SUBGRANTEE certifies to the best of its knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible or
voluntarily excluded from covered transactions by any federal department or agency.
(b) Have not within a three-year period preceding this proposal been convicted of or had a civil
judgement rendered against them for commission of fraud or a criminal offenses in
connection with obtaining, attempting to obtain, or performing a federal, state, or local
public transaction or contract under a public transaction; violation of federal or state antitrust
statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, or receiving stolen property.
(c) Are not presently indicted for otherwise criminally or civilly charged by a federal, state, or
local governmental entity with commission of any of the offenses enumerated in paragraph
(1)(b) of this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more
federal, state, or local public transactions terminated for cause or default.
(2) Where the SUBGRANTEE is unable to certify to any of the statements in this certification, such
SUBGRANTEE shall attach an explanation to this certification.
Signature of Certifying Official
City Attorney
Title
Date
Page Io I
ATTACHMENT E
.m.
Foam 18%
9/94 LOBBYING CERT'CATION
for
Grants, Contracts, Loans, and Cooperative Agreements
The undersigned certifies to the best of his or her knowledge and belief, that:
(1) No federal appropriated funds have been paid or will be paid or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any federal agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any federal contract, the making of any federal grant, the malting of
any federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with this
federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form - LL, "Disclosure Form to Report Lobbying", in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subreceipients shall certify disclosure
accordingly.
This certification is a material representation of fact upon which reliance was placed when its transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than 5100,000 for
each such failure.
Signature
City Attorney
Title
City Attorney's Office
Agency
Date
SITE SURVEYS
Four sites were selected for this survey; their locations
and results are listed below:
1.2200 South Loop 289 08-29-99 3:30 p.m.
Of the 150 vehicles sampled 122 (81.3%) were traveling over
the 60 mph posted speed limit.
2. 4400 block of 19th Street (State Highway 114) 08-29-99
2:00 p.m.
Of the 150 vehicles sampled, 129 (86%) were traveling over
the 40 mph posted speed limit.
3. Indiana Avenue (3400 to 4900 block) 08-29-99 2:30 p.m.
Of the 150 vehicles sampled, 138 (92%) were traveling over
the posted 40 mph speed limit.
4. Interstate 27 08-29-99 3:00 p.m.
Of the 150 vehicles sampled, 111 (74%) were traveling over
the 60 mph posted speed limit.
SPEED STEP OPERATIONAL PLAN
City of Lubbock
(Name of Subgrantee
STEP SITE
NUMBER
SITE DESCRIPTION (INCLUDE
APPROXIMATE LENGTH IN
MILES & SPEED LIMITS)
SPEED SURVEY
RESULTS (NON-
COMPLIANCE)*
START OF
SHIFT
(DAY &
TIM
END OF
SHIFT
(DAY &
TIM
All federal, state and county Highways,
all city streets within the incorporated
limits of Lubbock bounded by Olive
Ave. east, 114'h St. south, Quitsna Ave.
west, Bluefield Rd. north.
07:30
16:00
11:30
20:00
Any and all areas annexed into the city
during the grant period
Subject 1 hour
shifts either
side of
Proposed
hours.
" Survey data must be submitted with the Operational Plan
Signature for Subgrantee
Lieutenant, Traffic
Title Date
SPEED.6/99 Page
Signature for TxDOT
Title Date