HomeMy WebLinkAboutResolution - 5324 - Grant Agreement - State Of Texas - THTS Program - 10/17/1996RESOLUTION NO.5324
October 17, 1996
Item #9
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, attached hereto,
which shall be spread upon the minutes of the Council and as spread upon the minutes of this
Council shall constitute and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 17th day of October ,q X1996 -
ALEX "TY"�OOKE
MAYOR PR TEMPORE
ATTEST:
Ka a Darnell, City Secretary
APPROVED AS TO CONTENT:
A Walker, Chief of Police
APPROVED AS TO FORM:
ban1
'e T. aluri, Assistant City Attorney
ccdocslthts.res
October 9, 1996
RESOLUTION N0. 5324
October 17, 1996
TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT Item 469
Federal Pass Through Misc. Contract -%rJUH,0QG,1
Grant Funds CFDA#20.600 Charge Number c1r1 oR-09L-B1-46
State Grant Funds PIN 17560005905000
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, and CITY OF LUBBOCK
, hereinafter called the Subgrantee, and becomes effective when fully executed by both parties.
For the purpose of this agreement, The Subgrantee is designated as e(n) LOCAL GOVERNMENT
AUTHORITY: Article 6701j-1, Texas Civil Statutes, known as the Traffic Safety Act of 1967,
and the Highway Safety Plan for Fiscal Year 97 .
WITNESSETH
Project Title: HOLIDAY DRIVING WHILE INTOXICATED SELECTIVE TRAFFIC ENFORCEMENT
PROGRAM
Brief Project Description:
INCREASE DWI ARRESTS AND REDUCE ALCOHOL RELATED CRASHES THROUGH AN AGGRESSIVE
DWI ENFORCEMENT CAMPAIGN.
AGREEMENT
Grant Period: The Grant becomes effective on 10-1-96 , or on the date of final signature,
whichever is later, and ends on 9-30-97
Maximum Amount Eligible for Reimbursement: $
from Fund Source: Federal 402
Estimated Budget:
Labor
Other Direct Cost
Indirect Cost
TOTAL
Project Year: 34J
Federal
$ 3,854.00
146.00
$ 4,000.00
4,000.00p
State
Local
3,854.00
146.00
4,000.00
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:
more)
_X Attachment A, Approved Project Description
_X Attachment B, Approved Project Budget
_, Attachment C, Standard Assurances
x Attachment D, Debarment Certification
_ Attachment E, Lobbying Certification (required if amount payable is $100,000 or
Pane 1 of 11 s96
MAR I997
Yu�l
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
By
Date
CITY OF LUBBOCK
[Legal Name of Subgrantee]
ATTEST:
[Name and Title]
[Signature]
CITY SECRETARY
[Name and Title]
Under authority of Ordinance or Resolution
Number (for local governments):
RESOLUTION NO. 5324
ailina Addresses
Executed for the Executive Director and
approved for the Texas Transportation
Commission under the authority of Minute
Order No. 82513 and Stand -Alone Manual
Notice 96-3 for the purpose and effect of
activating and/or carrying out the orders,
established policies or work programs
heretofore approved and authorized by the
Texas Transpotion Commission under the
authority of)&n to Order N9J. b0,P0y,,. I
By 11A,,>~,r,� v , 'V&7F.,,.�,.,
District Engineer
{� Texas Department of Transportation
(For local projects under $50,000 or recommended for
approval for grants $50,000 or greater.)
Date
By
Director, Traffic Operations Division
(Not required for local grams under $50,000.)
Date
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:
City -of Lubbock Police Department
P.O. Box 771
Lubbock, Texas 79457
For the Texas Department of
Transportation:
Karen Peoples
P.O. Box 771
Lubbock, Texas 79408-0771
pace 2 of 11 sus
• 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 1n 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 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 limn will
Page 3 of 11 646
TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
be granted. Preference will be given to those projects for which the Subgrantee has
assumed some cost sharing by the end of the first twelve months, and to those which
propose to assume the largest percentage of subsequent project costs.
Certain categories of funds may be exempted by the federal government from the time limit
requirement. Unless exempted, all federally -funded agreements are considered to be
subject to the time limit provision.
Funding support for all state -funded projects will be limited to the term of the agreement.
Any extension beyond that time will be negotiated on a case-by-case basis.
ARTICLE 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.
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 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 5. 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.
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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 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.
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 cost,; 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 bylaw, 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 thea premises in which
it is being performed.
If any inspection or evaluation is made on the premises of the Subgrantee or a subcontractor,
the Subgrantee shall provide and require his subcontractor to provide all reasonable facilities
and assistance for the safety and convenience of the inspectors in the performance of their
duties. All inspections and evaluations shall be performed in such a manner as will not unduly
delay the work.
G3. Disputes and Remedies
The Subgrantee shall be responsible for the settlement of all contractual and administrative
Issues arising out of procurement entered In support of agreement work.
Disputes concerning performance or payment shall be submitted to the Department for
settlement with the Executive Director acting as referee.
This agreement shall not be considered as specifying the exclusive remedy for any dispute or
violation or breach of agreement terms, but all remedies existing at law and in equity may be
availed of by either party and shall be cumulative.
Page 5 of 11 sAs
TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
G4. Noncoiluslon
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.
G6. 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 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 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 the
following, as appropriate:
Pace 6 of 11 646
4
TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
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."
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TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
G8. Subcontracts
Any subcontract for professional services rendered by individuals or organizations not a part of
the Subgrantee's organization shall not be executed without prior 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 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 businesslunches 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.
Gil. Compliance With Laws
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TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
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 its interest and obligations in this agreement without written
consent of the Department.
G13. Ownership of Documents
Upon completion or termination of this agreement, all documents prepared by the Subgrantee or
furnished to the Subgrantee by the Department shall be delivered to and become the property of
the Department. All sketches, photographs, calculations, and other data prepared under this
agreement shall be made available, upon request, to the Department without restriction or
limitation of their further use.
G14. Resources
The Subgrantee warrants that it presently has adequate qualified personnel in its employment for
performance of services required under this agreement, or will be able to obtain such personnel
from sources other than the Department.
Unless otherwise specified, the Subgrantee shall furnish all equipment, materials, and supplies
required to perforin the work authorized herein.
All employees of the Subgrantee shall have such knowledge and experience as will enable them
to perforin 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, 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-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
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• TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
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 fumish 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).
G19. Nondiscrimination
During the performance of this agreement, the Subgrantee, its assigns and successors in
interest, agrees as follows:
1. Compliance with Regulations: The Subgrantee shall comply with the regulations relative to
nondiscrimination in federally assisted programs of the U.S. Department of Transportation, Title
49, Code of Federal Regulations, Part 21 and Title 23, Code of Federal Regulations, Part
710.405(b), as they may be amended from time to time (hereinafter referred to as the
Regulations), which are herein incorporated by reference and made a part of this agreement.
2. Nondiscrimination: The Subgrantee, with regard to the work performed by it during the
agreement, shall not discriminate on the grounds of race, color, sex, or national origin in the
selection and retention of subcontractors, including procurement of materials and leases of
equipment. The Subgrantee shall not participate either directly or indirectly in the discrimination
prohibited by Section 21.5 and Part 710.405(b) of the Regulations, including employment
practices when the agreement covers a program set forth in Appendix B of the Regulations.
3. Solicitations for Subcontracts. Including Procurement of Materials and Equipment: In
all solicitations either by competitive bidding or negotiation made by the Subgrantee for work to
be performed under a subcontract, including procurement of materials or leases of equipment,
each potential subcontractor or supplier shall be notified by the Subgrantee of the Subgrantee's
obligations under this agreement and the Regulations relative to nondiscrimination on the
grounds of race, color, sex, or national origin.
4. Information and Reports: The Subgrantee shall provide all information and reports required
by the Regulations, or directives issued pursuant thereto, and shall permit access to its books,
records, accounts, other sources of information and its facilities as may be determined by the
Department or the U.S. Department of Transportation to be pertinent to ascertain compliance
with such Regulations or directives. Where any information required of the Subgrantee is in the
exclusive possession of another who fails or refuses to fumish 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,
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TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
however, that in the event a Subgrantee becomes involved in, or is threatened with litigation with
a subcontractor or supplier as a result of such +direction; the Subgrantee may request the
Department to enter into such litigation to protect the interests of the Department; in addition, the
Subgrantee may request the United States to enter into such litigation to protect the interests of
the United States.
G20. Minority Business Enterprise
It is the policy of the U.S. Department of Transportation that Minority Business Enterprises as
defined in 49 CFR 23, Subpart A, shall have the maximum opportunity to participate in the
performance of contracts financed in whole or in part with Federal funds. Consequently the
Minority Business Enterprise requirements of 49 CFR 23, exclusive of Subpart D, apply to this
agreement as follows:
The Subgrantee agrees to insure that Minority Business Enterprises as defined in 49 CFR
23, Subpart A, have the maximum opportunity in the performance of contracts and
subcontracts financed in whole or in part with Federal funds. In this regard, the Subgrantee
shall take all necessary and reasonable steps in accordance with 49 CFR 23, exclusive of
Subpart D, to insure that Minority Business Enterprises have the maximum opportunity to
compete for and perforin contracts.
The Subgrantee and any subcontractor shall not discriminate on the basis of race, color,
national origin, or sex In the award and performance of contracts funded In whole or in part
with Federal funds.
These requirements shall be physically Included in any subcontract.
Failure to carry out the requirements set forth above shall constitute a breach of this agreement
and, after the notification of the Department, may result in termination of the agreement by the
Department or other such remedy as the Department deems appropriate.
G21. Debarrnent/Suspenslon
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/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.
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ATTACHMENT A
APPROVED PROJECT'DESCRIPTION
HOLIDAY DRIVING WHILE INTOXICATED (DWI)
SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP)
CITY OF LUBBOCK
(Name of Subgrantee)
1. AUTHORIZATION:
This grant implements Task B of 97-02-02 of the FY97 Highway Safety Plan.
11. PROBLEM STATEMENT:
The drunk driver continues to be a major contributor to traffic crashes and fatalities in
Texas. Many alcohol-related deaths occur around various holidays. The 1994 Save
City/Save County Ranking for Driving While Intoxicated (DWI) crashes, as described in
the annual Highway Safety Plan, ranks Texas cities and counties with respect to the
severity of the problem. The Subgrantee named herein is on that list with a Weighted
Ranking Number of 19 . Several roadways within this jurisdiction have
demonstrated a significant over -representation of alcohol-related crashes.
This is the 3RD year the Subgrantee has received federal 402 funds for the
Holiday DWI STEP.
ql. OBJECTIVES:
Within Subgrantee's jurisdiction:
A. To reduce the number of alcohol-related crashes by s % from the baseline
year (12 months: OCTOBER 1995 through SEPTEMBER 199b total
number of 377 a,- alcohol-related crashes to 358 alcohol-related
crashes by September 30, 1997.
B. To increase DWI arrests by 10 % from the baseline year
q9 ' (12 months: OCTOBER 19{hrough SEPTEMBER 1996 total number
of 344 '�1 DWI arrests to .3.7.8 f' DWI arrests by September 30, 1997.
Nothing in this agreement shall be interpreted as a requirement, formal or informal,
that a police officer issue a specified or predetermined number of citations in
pursuance of the Subgrantee's obligations hereunder.
HDWI.7196
page 1 of 6 CS
r�
IV. RESPONSIBILITIES OF THE SUBGRANTEE:
A. Carry out the objectives of this grant by implementing the Operational Plan and
the Action Pian in this attachment.
B. All newly developed public information and education (PI&E) materials must be
submitted to the Department's Traffic Operations Division, Traffic Safety Section,
for written approval prior to final production. Reproduction of National Highway
Traffic Safety Administration or other federal government endorsed material
already approved is permissible without Department approval. Prior to the
development of any materials, the Subgrantee will contact the Department
regarding the procedures for producing, distributing, maintaining, and reporting on
the use of PI&E materials.
C. An Administrative Evaluation summarizing all activities and accomplishments will
be submitted on Department approved forms no later than 45 days after the grant
ending date.
D. Attend meetings according to the following:
1. The Subgrantee will arrange for meetings with the Department 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.
E. For out of state travel expenses to be reimbursable, the Subgrantee must have
obtained the approval of the Department prior to the beginning of the trip. A
copy of the documentation of that approval must accompany the Request for
Reimbursement. Grant approval does not satisfy this requirement.
F. Maintain verification that wages or salaries for which reimbursement is
requested is for work exclusively related to this project.
G. Holiday STEP enforcement activities under this grant must be maintained at a
level equal to or exceeding total enforcement activities for the corresponding
holidays during the previous year.
H. Ensure that the enforcement hours worked under the grant are for STEP
activities.
1. Ensure that each officer working on the STEP 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 citationtarrest, officer and supervisor
signatures.
HDW1.7l96 page 2 of 6
J. Ensure that no officer above the rank of Lieutenant (or equivalent title) 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. Subgrantees with a Traffic Division will utilize traffic personnel for this grant
unless such personnel are unavailable for assignment
M. Require that all officers assigned to work DWI STEP are trained in the
NHTSAIIACP DWI Detection Standardized Field Sobriety Testing (SFST) by the
end of the grant year. Provide a certifying letter to the Department from the
enforcement agency head or Chief stating that all STEP officers working the grant
are SFST trained. (If there is a legitimate reason that a non -trained officer is
proposed to work, a request to work a non trained officer must be submitted to the
Department for written approval prior to the assignment.)
N. 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.
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 the
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
objectives.
VI. 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. Number of Holiday STEP DWI arrests.
HDWI.7/96 page 3 of 6
B. Subgrantee total arrests or citations (including STEP) for each of the following
holidays worked under this grant:
• DWI
• Speed Over Limit
• Safety Belt
• Child Restraint
C. Number of Holiday STEP enforcement hours worked.
D. Number of enforcement hours per DWI arrest.
E. Maintenance of non -STEP DWI arrest activity (see N.G).
F. Number of officers working Holiday DWI STEP trained in SFST.
G. Number of officers working Holiday DWI STEP.
H. Number of presentations conducted in support of this grant.
I. Number of persons attending presentations.
J. Number of media exposures (i.e., news releases and interviews).
K Number of community events in which STEP officers participated (i.e., health or
safety fairs, booths).
L. Number of public information and education materials produced.
M. Number of public information and education materials distributed (by item).
HDWI.7/'96 page 4 of 6
VII. OPERATIONAL PLAN:
STEP SITE
NUMBER
SITE DESCRIPTION (INCLUDE
APPROXIMATE LENGTH IN MILES)
START OF SHIFT
(DAY/TIME)
END OF SHIFT
(DAY/TIME)
ALL FEDERAL, STATE & COUNTY
HIGHWAYS, ALL CITY STREETS WITH-
IN THE CITY LIMITS OF LUBBOCK
BOUNDED BY OLIVE AVE. EAST, 114
23:00
DURING SELECTED
ELIGIBLE HOLIDA'
04:00
DAYS OF,,n
PERIOD �u
STREET SOUTH, QUITSNA AVE. WEST,
BLUEFIELD STREET NORTH.
NOTE: Eligible days are: October 28-31, November 22 -December 1,
December 20-31,1996; January 1-5, May 23-27, July 3-7, August 29 -
September 2,1997. Subgrantee may work additional STEP enforcement
hours on other holidays with prior written approval from the Department.
These additional holidays must be reported in the Project Performance
Report which covers the time period for which the additional hours were
worked.
* 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.
HDWI.7/96 page 5 of 6
Z
E�
3
d
APPROVED PROJECT BUDGET
HOLIDAY DRIVING WHILE INTOXICATED (DWI) STEP
CITY OF F LUBBOCK
(Name of Subgrantee)
BUDGET CATEGORY I - LABOR COSTS:
(100) SALARIES"
A. ENFORCEMENT (overtime)
1. Officers: 278 hours
@ 25.00 per hour = $ 6.950.00
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):
9 hours @ 28.64 per hour = $ 258.00
2. Clerk/data entry:
L— overtime or regular time;
type X in appropriate blank)
ATTACHMENT B
(Round figures to nearest $)
Local/
Federal State Total
Funds Funds Funds
$ 3,475.00 $ 3,475.00$ 6.950.00
$ 129.00 $ 129.00 $ 258.00
$ $ $
hours @ per hour = $
C. OTHER SALARIES $ $ $
Please identify (Type, # hours, rate):
D. PI&E ACTIVITIES (overtime) $ $ $
(not to exceed 10% of (100) Salaries)
hours @ $ 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.)
HDWI.7/96 Page 1 of 3
(200) FRINGE BENEFITS (if not included in hourly rate)
Rate:
(300) TRAVEL AND PER DIEM (actual
costs not to exceed state rates)
1. SFST Training = $
(not to exceed 20% of total grant
for 1 st year Subgrantees, 10% for
2nd year, or 5% of total grant for
year 3 or beyond)
2. Other Travel = $ 500.00
TOTAL (300) TRAVEL
TOTAL LABOR COSTS
BUDGET CATEGORY 11- OTHER DIRECT COSTS:
(400) EQUIPMENT (specify type/quantity)
(500) SUPPLIES (i.e., postage, printing, office supplies, etc.)
(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 $0.28/mile.
Documentation of cost per mile is required
prior to reimbursement.)
1,042 miles ao .28 per mile
For match only:
miles @ per mile
(amount above approved state rate)
HDWI.7/96 Page 2 of 3
Local/
Federal State Total
Funds Funds Funds
250.00 $ 250.00 $ 500.00
$ 3,854.00 $ 3,854.00_$ 7,708.00
$ NA $ $
$ NA $ $
$ 146.00 $ 146.00 $ 292.00
$ NA $ 146.00$ 292.00
B. PUBLIC INFORMATION AND
EDUCATION MATERIALS
(up to 5% of grant amount)
S. Educational Mems = $_
(for example: brochures,
bumper stickers, posters, flyers)
2. Promotional Items = $_
(for example: key chains,
magnets, pencils, pens, mugs)
TOTAL (700) OTHER MISCELLANEOUS
Local!
Federal State
Funds Funds
Total
Funds
$ 146.00 IS; 146.00 $ 292.00
TOTAL OTHER DIRECT COSTS $ 146.00 g; 146.00 $ 292.00
SUMMARY:
TOTAL LABOR COSTS
TOTAL OTHER DIRECT COSTS
GRAND TOTAL
FUND SOURCES:
Federal Funds ( 50 %)
$ 4,000.00
$ 3,854.00 $ 3,854.00 1 7,708.00
$ 146.00 $ 146.00$ 292.00
$ 4,000.00 $ 4,000.00 $ 8,000.00
Local Funds ( 50 9/0)
f $ 4,000.00
HDW1.7/96 Page 3 of 3
=TOTAL $ 8,000.00
Form 1934
9194
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 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. n 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 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 1 of 2
Atnehmmd C kononwd!
Standard AnLwwv@
Txo0T form 1564
0194
10. It will insure that the facilities under its ownership, lease, or supervision which shall be
utilized in the accomplishment of the project are not listed on the Environmental Protection
Agency's (EPA) list of Violating Facilities and that it will notify the federal grantor agency of
the receipt of any communication from the Director of the EPA Office of Federal Activities
indicating that a facility to be used in the project is under consideration for listing by the
EPA.
11. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood
Disaster Protection Act of 1973, PL 93-234, 87 Stat. 975, approved December 31, 1976.
Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in
communities where such insurance is available as a condition for the receipt of any federal
financial assistance for construction or acquisition purposes for use in any area that has been
identified by the Secretary of the Department of Housing and Urban Development as an area
having special flood hazards. The phrase "federal financial assistance" includes any form of
loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or
any other form of direct or indirect federal assistance.
12. It will assist the grantor agency in its compliance with Section 106 of the National Historic
Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the
Archeological and Historic Preservation Act of 1966 (16 USC 469a-1 CI IW 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 Registef 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
Fam 1835
3% DEBARMENT CERTIFICATION
(1) The SUBGRANTEE certifies to the best of its knowledge and belief, that it and its principals;
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily
excluded from covered transactions by any federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a civil
judgement rendered against then for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a federal, state or local public transaction or contract
under a public transaction; violation of federal or state antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements,
or receiving stolen property;
(c) Are not presently indicted for otherwise criminally or civilly charged by a federal state, or local
governmental entity with commission of any of the offenses enumerated in paragraph (1)(b) of this
certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more federal
state or local public transactions terminated for cause or default.
(2) Where the SUBGRANTEE is unable to certify to any of the statements in this certification, such
SUBGRANTEE shall attach an explanation to this certification.
Signature oK Certifying
MAYOR PRO -TEM
Title
Date
Page 1 of 1
RESOLUTION NO. 5324
October 17, 1996
Item #9
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 Grant Agreement, between the City of
Lubbock and the State of Texas, for the Texas Highway Traffic Safety Program, attached hereto,
which shall be spread upon the minutes of the Council and as spread upon the minutes of this
Council shall constitute and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 17 th day of
ATTEST:
Kaydge Darnell, City Secretary
APPROVED AS TO CONTENT:
,,kee A Walker, Chief of Police
APPROVED AS TO FORM:
{ anie T. aluri, Assistant City Attorney
ccdocslthts.res
October 9, 1996
ALEX "T
MAYOR
19 x_.
TEMPORE
CITY OF LUBBOCK
915 AVENUE J
P.O. BOX 2000
LUBBOCK, TEXAS 79457
(806) 767-2780 FAX (806) 747-6321
MEMO
FROM: DAN T. SALUKI, POLICE ADVISOR
DATE: February 5, 1997
TO: Olivia Solis, City Council Office
RE: Texas Highway Traffic Safety Program grant application, Res. No. 5324
Attached is the original letter addressed and signed by George Ewing, L.P.D. to Karen
Peoples, Traffic Safety Specialist. Two original copies of the grant, application are
attached to your rough draft of the letter.
Thanks,
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
Ms. Karen Peoples
Traffic Safety Specialist
Texas Department of Transportation
P.O. Box 771
Lubbock, Texas 79408-0771
Dear Karen:
Office of
The Police Department
February 5, 1997
In response to your request for initialization of grant changes, the City of
Lubbock is authorizing Sergeant Ronald Sowell, Lubbock Police Department, to make
necessary contractual changes for all Traffic Safety Grants with the Texas Department
of Transportation. He will also have signing auitwritVfor these grants. Sergeant
Sowell will have these responsibilities throughout the entirety of any Selective Traffic
Enforcement Program.
Sincerely,
Assistant Police
xc: Ken A. Walker, Chief of Police
Sergeant Ronald Sowell
Kaythie Darnell, City Secretary
Texas Department of Transportation
P.O. BOX 771 LUBBOM TEXAS 74408-0771 MO 745.4411
January 22, 1997
Kaythie Darnell
City Secretary
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
Dear Ms. Darnel:
The enclosed grant agreements will need initialed by the changes Sergeant Ronald Sowell and myself
made to the grant to reflect the right numbers under the objective and a typing error under the
operation plan.
An original letter giving Sergeant Ronald Sowell authority to make contractual changes and
signature authority to any Traffic Safety Grants with Texas Department of Transportation will be
needed for further processing.
Once the grants have been initialed, please call my office at 7484478. If additional information is
needed, please let me know. J
Sincerely,
Karen Peoples
District Traffic Safety Specialist
An Equal Opportunity Employer