HomeMy WebLinkAboutResolution - 3977 - Grant Agreement - State Of Texas - TSP, TRASER - 09/24/1992Resolution No. 3977
September 24, 1992
Item #32
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Texas
Traffic Safety Program Grant Agreement between the State of Texas and the
City of Lubbock for a traffic safety project described as a Driver Behavior
Selective Enforcement - Traser, attached herewith, which shall be spread
upon the minutes of the Council and as spread upon the minutes of this
Council shall constitute and be a part of this Resolution as if fully
copied herein in detail.
Passed by the City Council this
ATTEST:
, t,1V aegretary
APPROVED AS TO
Nona r gers, C o o ce
APPROVED AS TO FORM:
G PO4z"
-AI14tu- �'-
ifn c. Ross, Jr., U y ttorney
JMda/AOENDA-MA-TRASER.res
September 16, 1992
of September , 1992.
CITY OF LUBBOCK
MEMORANDUM
TO: Bob Cass, Deputy City Manager
FROM: Donald R. Bridgers, Chief of Police
SUBJECT: Comments for Agenda Meeting -
DATE: September 15, 1992
Item No. Consider a resolution authorizing the
Mayor to approve an application for a
State Administered Federally financed
Driver Behavior Selective Enforcement
TRASER Grant.
This would be a continuation of an ongoing
grant program utilizing a data entry clerk
to input traffic information relating to
accidents and non-compliance of traffic
law. This data allows the identification
of areas -in the city that need enhanced
enforcement in any catagory of non-
compliance as well as high accident
locations. High incident of D.W.I. can
also be identified and enforcement action
taken.
Awards for this grant have been set for
October 1, 1992 upon approval by the
Lubbock City Council. This is a 50-50
funded grant in the amount fo $20,000.00
to be administered during FY92-93.
Donald R. Bridgert'
DRB/pjt
Federal Pass Through Grant Funds TxDOT Misc. Con. No.
CFDA Number - 20.600
State Grant Funds Charge No.
VID No. 17560005906000
TEXAS TRAFFIC SAFETY PROGRAM
GRANT AGREEMENT
THE STATE OF TEXAS **
THE COUNTY OF TRAVIS **
THIS AGREEMENT IS MADE BY AND BETWEEN THE STATE OF TEXAS, acting by
and through the Texas Department of Transportation, hereinafter called the Department, and
City of Lubbock . acting by
and through its duly authorized officers, hereinafter called the Subgrantee. For the purpose of
this agreement, the Subgrantee is designated as a(n)- local government
WITNESSETH
WHEREAS, the Department, as Grantee on behalf of the State of Texas, receives federal grant
funds for implementation of the statewide traffic safety program mandated by Title 23, Section
402 of the United State Code; and,
WHEREAS, the Department administers these funds together with other funds which may be
appropriated by the Texas Legislature or received from other sources, to develop cooperative
agreements with qualifying agencies (subgrantees) which have identified traffic safety problems
and have developed projects to address these problems; and,
WHEREAS, Article 6701j-1, Texas Civil Statutes, declares that the establishment, development,
and maintenance of a program of traffic safety in Texas is a vital governmental purpose and
function of the State and its legal and political subdivisions; and,
WHEREAS, the Governor of Texas has named the Executive Director of the Department as
the State's representative to administer the Texas Traffic Safety Program; and,
WHEREAS, the Executive Director has formulated a program of projects for the current fiscal
year called the Highway Safety Plan (HSP), and the United States Department of
Transportation (US DOT) has approved the HSP and authorized the Department to proceed
with implementation in accordance with approved procedures; and,
WHEREAS, the Department and the Subgrantee agree to implement a traffic safety project
generally authorized in the HSP, said project described as a(n)
Driver Behavior Selective Enforcement - Traser
7/92 Page 1 of 13
TEXAS TRAFFIC SAFETY PROGRAM AGREEMENT
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
agreements of the parties hereto, the Department and the Subgrantee do mutually agree as
follows.
AGREEMENT
ARTICLE 1. FUNDING PERIOD
This agreement becomes effective on October 1, 1992 or when fully executed by all
parties hereto, whichever occurs later, and shall terminate on September 30, 1993 ,
unless termination occurs as provided for hereinafter.
ARTICLE 2. RESPONSIBILITIES OF THE PARTIES
The Subgrantee shall undertake and complete the project as descri ed in Attachment A,
Approved Project Description, and in accordance with all terms and conditions included
hereinafter. The Department shall provide assistance as appropriate and as specified in said
Attachment A.
ARTICLE 3. COMPENSATION
A. The maximum amount payable under this agreement shall not exceed the amount of
$ 10,000 , unless modified in writing through an amendment pursuant
to Article 5.
B. The method of payment for this agreement will be based on actual costs incurred up to
and not to exceed the limits specified in Attachment B, Approved Project Budget, unless
other methods of payment are specified as follows:
1. If Attachment B, Approved Project Budget, specifies that actual costs will be
reimbursed, the amount included in the project budget will be deemed to be an
estimate only and a higher amount can be reimbursed, subject to the conditions
specified in paragraph C hereunder.
2. If Attachment B, Approved Project Budget, specifies that costs are based on a
specific rate, per-unit cost, or other method of payment, reimbursement will be
based on the specified method.
C. All payments made hereunder will be made in accordance with Attachment B, Approved
Project Budget. The Subgrantee's expenditures may not exceed any budget category in
the Approved Project Budget by an amount greater than 5% of the total budget without
a written agreement amendment. The maximum amount payable shall not be increased
as a result of exceeding a budget category without a written contract amendment.
D. To be eligible for reimbursement under this agreement, a cost must be incurred in
accordance with Attachment B, Approved Project Budget, within the period specified in
Article 1 above.
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TEXAS TRAFFIC SAFETY PROGRAM AGREEMENT
E. Payment of costs incurred under this agreement is further governed by one of the
following cost principles, as appropriate, outlined in the Federal Office of Management
and Budget (OMB) Circulars:
• A-21, Cost Principles for Educational Institutions;
• A-87, Cost Principles for State and Local Governments; or,
• A-122, Cost Principles for Nonprofit Organizations.
F. The Subgrantee agrees to submit monthly or quarterly requests for reimbursement, as
designated in Attachment A, within 30 days after the end of the billing period. The
Subgrantee will use billing statements acceptable to the Department. The original billing
statement and one copy is to be submitted to the address shown on the last page of this
agreement.
G. The Subgrantee agrees to submit the final request for payment under this agreement
within sixty (60) days of the end of the contract period.
H. The Department will exercise all good faith to make payments within thirty days of
receipt of properly prepared and documented requests for payment. All payments,
however, are contingent upon the availability of appropriated funds.
I. Project agreements supported with federal funds are limited to the length of the
agreement period and usually do not receive extended funding beyond three years. If
both the Department and the Subgrantee agree that the project has demonstrated merit
or has potential long-range benefits, the Subgrantee may apply for funding assistance
beyond the three year limit. To be eligible, the Subgrantee should have a cost
assumption plan by the end of the first twelve months and must have a plan by the end
of the thirty-sixth month of operation of the project. This plan will include a schedule for
phasing in funding from its own resources and the phasing out of funding support from
the Department. All plans must be approved by the Department before any extension
beyond the three year limit will be granted. Preference will be given to those projects for
which the Subgrantee has assumed some cost sharing by the end of the first twelve
months, and to those which propose to assume the largest percentage of subsequent
project costs.
Certain categories of funds may be exempted by the federal government from the time
limit requirement. Unless exempted, all federally -funded agreements are considered to
be subject to the time limit provision.
Funding support for all state -funded projects will be limited to the term of the
agreement. Any extension beyond that time will be negotiated on a case-by-case basis.
ARTICLE 4. 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.
7/92 . Page 3 of 13
TEXAS TRAFFIC SAFETY PROGRAM AGREEMENT
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.
ARTICLES. 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
ammendment executed by both parties.
The amendment shall be agreed upon by the parties to this agreement and shall state the
change to the mutual satisfaction of the parties. In no event will the agreement period be
extended unless a written amendment is executed before the completion date specified in
Article 1.
ARTICLE 6. ADDITIONAL WORK
.If the Subgrantee is of the opinion that any work it has been directed to perform is beyond the
scope of this agreement and constitutes additional work, the Subgrantee shall promptly notify
the Department in writing. In the event that the Department finds that such work does
constitute additional work, the Department shall so advise the Subgrantee and provide
compensation for doing this work on the same basis as the original work. If the compensation
for the additional work will cause the maximum amount payable to be exceeded, a written
amendment will be executed. Any amendment so executed must be approved within the
agreement period specified in Article 1.
ARTICLE 7. CHANGES IN WORK
When the approved project description requires a completed work product, the Department will
review the work as specified in the approved project description. If the Department finds it
necessary to request changes in previously satisfactorily completed work or parts thereof, the
Subgrantee will make such revisions as requested and directed by the Department. Such work
will be considered as additional work and subject to the requirements established in Article 6.
7/92 Page 4 of 13
TEXAS TRAFFIC SAFETY PROGRAM AGREEMENT
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 & GENERAL TERMS AND CONDITIONS
GI. Indemnification
To the extent permitted by law, the Subgrantee, if other than a State agency, shall save harmless
the Department from all claims and liability due to the acts or omissions of the Subgrantee, its
agents or employees. The Subgrantee also agrees to save harmless the; Department from any
and all expenses, including attorney fees, all court costs and awards for damages, incurred by the
Department in litigation or otherwise resisting such claims or liabilities as a result of any
activities of the Subgrantee, its agents or employees.
Further, to the extent permitted by law, the Subgrantee, if other than a State agency, agrees to
protect, indemnify, and save harmless the Department from and against all claims, demands and
causes of action of every kind and character brought by any employee of the Subgrantee against
the Department due to personal injuries and/or death to such employee resulting from any
alleged negligent act, by either commission or omission on the part of the Subgrantee or the
Department.
G2. Inspection of Work
The Department and, when federal funds are involved, the U. S. Department of Transportation,
and any authorized representative thereof, have the right at all reasonable times to inspect or
otherwise evaluate the work performed or being performed hereunder and the premises in
which it is being performed.
If any inspection or evaluation is made on the premises of the Subgrantee or a subcontractor,
the Subgrantee shall provide and require his subcontractor to provide all reasonable facilities
and assistance for the safety and convenience of the inspectors in the performance of their
duties. All inspections and evaluations shall be performed in such a manner as will not unduly
delay the work.
G3. Disputes and Remedies
The Subgrantee shall be responsible for the settlement of all contractual and administrative
issues arising out of procurements 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.
7/92 Page 5 of 13
TEXAS TRAFFIC SAFE'T'Y PROGRAM AGREEMENT
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.
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
contract.
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 and shall make such
materials available at its office during the agreement period and for three years from the date
of the final performance report under the agreement. Such materials shall be made available
during the specified period for inspection by the Department, the U.S. Department of
Transportation and the Office of the Inspector General, if the agreement is federally funded,
and any of 'their authorized representatives for the purpose of making audits, examinations,
excerpts, and transcriptions. The Subgrantee shall retain all records until final completion of
any litigation.
7/92 Page 6 of 13
TEXAS TRAFFIC SAFETY PROGRAM AGREEMENT
G7. Audit
The Subgrantee shall comply with the requirements of the Single Audit Act of 1984, PL 98-502,
ensuring that the single audit report includes the coverage stipulated in the following, as
appropriate:
• Paragraphs 6, 8, and 9 of OMB Circular A-128, "Audits of State and Local
Governments," or,
• OMB Circular A-133, "Audits of Institutions of Higher Education and Other
Nonprofit Institutions."
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 completedui 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.
7/92 Page 7 of 13
TEXAS TRAFFIC SAFETY PROGRAM AGREENENT
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.
GIO. Gratuities
Texas Transportation Commission policy mandates that employees of the Department shall not
accept any benefits, gifts or favors from any person doing business with or who reasonably
speaking may do business with the Department under this agreement. The only exceptions
allowed are ordinary business lunches and items that have received the advanced written
approval of the Department's Executive 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 Subtrantee
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.
7/92 Page 8 of 13
TEXAS TRAFFIC SAFETY PROGRAM AGREEMENT
G14. Resources
The Subgrantee warrants that it presently has adequate qualified personnel in its employment
for performance of services required under this agreement, or will be able to obtain such
personnel from sources other than the Department.
Unless otherwise specified, the Subgrantee shall furnish all equipment, materials, and supplies
required to perform the work authorized herein.
All employees of the Subgrantee shall have such knowledge and experience as will enable them
to perform the duties assigned to them. Any employee of the Subgrantee who, in the opinion of
the Department, is incompetent, or whose conduct becomes detrimental to the work, shall
immediately be removed from association with the project.
GIS. 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. -
0
f:
• 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
Emits 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 contract period established in Article 1.
7/92 Page 9 of 13
TEXAS TRAFFIC SAFETY PROGRAM AGREEMENT
GIS. 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 procurements 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 Procurements of Materials and Equipment: In all
solicitations either by competitive bidding or negotiation made by the Subgrantee for work to be
performed under a subcontract, including procurements of materials or leases of equipment,
each potential subcontractor or supplier shall be notified by the Subgrantee of the Subgrantee's
obligations under this agreement and the Regulations relative to nondiscrimination on the
grounds of race, color, sex, or national origin.
4. Information and Reports: The Subgrantee shall provide all information and reports required
by the Regulations, or directives issued pursuant thereto, and shall permit access to its books,
records, accounts, other sources of information and its facilities as may be determined by the
Department or the U.S. Department of Transportation to be pertinent to ascertain compliance
with such Regulations or directives. Where any information required of the Subgrantee is in the
exclusive possession of another who fails or refuses to furnish this information, the Subgrantee
shall so certify to the Department or the U.S. Department of Transportation as appropriate,
and shall set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of the Subgrantee's noncompliance with the
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:
7192 , Page 10 of 13
TEXAS TRAFFIC SAFETY PROGRAM AGREEMENT
♦ 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. IncoMoration of Provisions: The Subgrantee shall include the provisions of paragraphs 1
through 6 in every subcontract, including procurements of materials and leases of equipment,
unless exempt by the Regulations or directives issued pursuant thereto. The Subgrantee shall
take such action with respect to any subcontract or procurement as the Department may direct
as a means of enforcing such provisions including sanctions for noncompliance; provided,
however, that in the event a Subgrantee becomes involved in, or is threatened with litigation
with a subcontractor or supplier as a result of such direction, the Subgrantee may request the
Department to enter into such litigation to protect the interests of the Department; in addition,
the Subgrantee may request the United States to enter into such litigation to protect the
interests of the United States.
G20. Minority Business Enterprise
It is the policy of the U.S. Department of Transportation that Minority Business Enterprises as
defined in 49 CFR 23, Subpart A, shall have the maximum opportunity to participate in the
performance of contracts financed in whole or in part with Federal funds. Consequently the
Minority Business Enterprise requirements of 49 CFR 23, exclusive of Subpart D, apply to this
agreement as follows.
♦ The Subgrantee agrees to insure that Minority Business Enterprises as defined in 49
CFR 23, Subpart A, have the maximum opportunity in the performance of contracts and
subcontracts financed in whole or in part with Federal funds. In this regard, the Subgrantee
shall take all necessary and reasonable steps in accordance with 49 CFR 23, exclusive of
Subpart D, to insure that Minority Business Enterprises have the maximum opportunity to
compete for and perform contracts.
♦ The Subgrantee and any subcontractor shall not discriminate on the basis of race,
color, national origin, or sex in the award and performance of contracts funded in whole or in
part with Federal funds.
These requirements shall be physically included in any subcontract.
Failure to carry out the requirements set forth above shall constitute a breach of this agreement
and, after the notification of the Department, may result in termination of the agreement by the
Department or other such remedy as the Department deems appropriate.
G21. Debarment/Suspension
The Subgrantee is prohibited from making any award or permitting any award at any tier to any
party which is debarred or suspended or otherwise excluded from or ineligible for participation
in federal assistance programs under Executive Order 12549, Debarment and Suspension.
7/92 Page 11 of 13
TEXAS TRAFFIC SAFETY PROGRAM AGREEMENT
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 undersigned signatory for the Subgrantee hereby represents and warrants that she/he is an
officer of the organization for which she/he has executed this agreement and that she/he has full
and complete authority to enter into this agreement on behalf of the organization.
G23. Assurances and Certification
The Subgrantee attests that the assurances included in Attachment C of this agreement and the
certification included in Attachment D of this agreement are accurate and current.
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TEXAS TRAFFIC SAFETY PROGRAM AGREEMENT
IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED DUPLICATE
COUNTERPARTS TO EFFECTUATE THIS AGREEMENT.
THE SUBGRANTEE
City of Lubbock
Vagal Name of Subgrantee]
[Signature]
David R. Langston, Mayor
[Name and Title]
Date September 24, 1992
, 1 r
r
ATTEST:
[Signature
Ranette Boyd, City Secretary
[Name and Title]
Under authority of Ordinance or
Resolution Number (For Local
Governments)
Resolution No. 3977
Mailing Addresses
THE STATE OF TEXAS
Executed for the Executive Director and
approved for the Texas Transportation
Commission under the authority of Minute
Order No. 82513 and Administrative Order
15-88 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 Transportation
-Commission under the authority of Minute
Order No. 100002.
Lo
Date
Traffic Operations Engineer
Texas Department of Transportation
For the purpose of this agreement, the following addresses shall be used to mail all required
notices, reports, claims, and correspondence:
For the Subgrantee:
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
For the Texas Department of Transportation:
Ken Sylvester
Safety Supervisor
P.O. Box 771, Lubbock
(806)767-2875 (806)745-4411
7/92 Page 13 of 13
APPROVED ATTACHMENT A PROJECT DESCRIPTION
City of Lubbock
SUBGRANTEE
I. AUTHORIZATION:
This grant implements Task B, Sub -Task 2, of 93-01-01 of the
FY93 Highway Safety Plan.
II. PROBLEM STATEMENT:
All Texas jurisdictions charged with the responsibility of
traffic law enforcement have a common problem in trying to
identify where to place their limited resources (personnel
and equipment) in order to have the greatest impact on the
motor vehicle crashes in their jurisdiction. Vehicle crash
and traffic citation data compilation is typically three or
four months old before it is used to evaluate the need for
enforcement application. TRASER is a computer software
program designed to allow for up-to-the-minute data input in
order to do the best planning possible.
This is the 5th year the Subgrantee has received
federal 402 funds for TRASER.
III. OBJECTIVES:
A. To reduce the total accidents at TRASER-selected sites
by 10 % within the jurisdiction by the end of the
grant period.
B. To build an automated traffic records system to record
100% of all accident reports and 100% of all police
citations issued by the end of the grant period.
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.
IV. RESPONSIBILITIES OF THE SUBGRANTEE:
A. Carry out the objectives of this grant by implementing
the Action Plan in this attachment.
B. Submit all newly developed public information and
education material for written approval from the
Department prior to final production. Reproduction of
National Highway Traffic Safety Administration or other
governmental endorsed material is permissible without
Department approval.
7/92 page 1 of 4
C. An Administrative Evaluation summarizing all activities
and accomplishments will be submitted on Department
approved forms, no later than 45 days after the grant
ending date.
D. Attend meetings according to the following:
1. The Subgrantee will arrange for meetings with the
Department no less than quarterly to present
status of activities, discuss problems and
schedule for the following quarter's work.
E.
F.
2. The project coordinator or other qualified person
will be available to represent the Subgrantee at
meetings requested by the Department.
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.
Maintain verification that wages or salaries for which
reimbursement is requested is for work exclusively
related to this project.
V. RESPONSIBILITIES OF THE DEPARTMENT:
A. Monitor the Subgrantee's compliance with performance
obligations and fiscal requirements of this grant.
B. Provide program management and technical assistance as
appropriate.
C. Reimburse the Subgrantee for all eligible costs as
defined in Attachment B, Approved Project Budget.
Requests for Reimbursement will be processed up to the
maximum amount payable when submitted in the manner and-
within
ndwithin the time frames, as specified in Article 3.
D. Perform an administrative evaluation,of the project at
the close of the grant period to include a review of
adherence to budget, Action Plan and attainment of
objectives.
VI. PERFORMANCE INDICATORS:
The following performance indicators, when applicable, shall
be included in each Performance Report and summarized in the
Administrative Evaluation:`
A. Number of citations issued/arrests made at TRASER
identified sites.
7/92 page 2 of 4
B. Number of -high accident locations identified under the
TRASER program.
C. Number of high accident locations identified that
required both enforcement and engineering attention.
D. Number of accidents reduced/increased (-,+) at TRASER-
selected sites compared to previous reporting period.
E. Number of reports generated by TRASER. (Submit copy of
high hazard report.)
F. Number of traffic citations issued by Subgrantee.
G. Number of traffic citations issued by Subgrantee
entered into TRASER.
H. Number of accident reports filed by Subgrantee.
I. Number of accident reports filed by Subgrantee entered
into TRASER.
J. Number of data entry or computer services hours in
support of TRASER.
7/92. page 3 of 4
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ATTACF21FNT B
APPROVED PROJECT BUDGET
TRASER
CITY OF LUBBOCK
II. OTHER DIRECT COSTS:
(700) A. Mileage (actual cost not to exceed state rates)
miles @ per mile = $ -0-
(700) B. Public Information and Education Materials
(up to 5% of grant amount) $ -�-
FUND SOURCES:
Federal Funds ( 50 �)
$_ 101000.00
(Art. 3. A., pg, 2 of 13)
TOTAL OTHER DIRECT $
Local Funds ( 5o %)
+ $ 10, 000.00 = TOTAL $ 20, 000.00
7/92. Page 1 of 1
SUBGRANTEE
(Round figures
I. LABOR COSTS:
to
nearest $)
(100) A. STAFF AND SUPERVISORY SUPPORT
1. Project Director:
16 hours
@ 27.41 per hour =
$ 439.00
2. Clerk/data entry:
2,080 hours
@ 8.95 per hour =
$ 18, 616.00
SUBTOTAL
$ 19,055.00
(300) B. TRAVEL AND PER DIEM
(actual costs
not to exceed
-
state rates)
$
945.00
TOTAL LABOR
$_20,0010. 0 0
II. OTHER DIRECT COSTS:
(700) A. Mileage (actual cost not to exceed state rates)
miles @ per mile = $ -0-
(700) B. Public Information and Education Materials
(up to 5% of grant amount) $ -�-
FUND SOURCES:
Federal Funds ( 50 �)
$_ 101000.00
(Art. 3. A., pg, 2 of 13)
TOTAL OTHER DIRECT $
Local Funds ( 5o %)
+ $ 10, 000.00 = TOTAL $ 20, 000.00
7/92. Page 1 of 1
ATTACHMENT C
STANDARD ASSURANCES
The Subgrantee hereby assures and certifies that it will comply with the regulations, policies,
guidelines, and requirements, including 49 CFR 18 and OMB Circular A-87, or OMB Circulars
A-110 and A-21, or OMB Circulars A-110 and A-122, as they relate to the application,
acceptance, and use of federal or state funds for this project. Also, the Subgrantee assures and
certifies to the grant that:
1. It possesses legal authority to apply for the grant; that a resolution, motion, or similar
action has been duly adopted or passed as an official act of the applicant's governing
body, authorizing the filing of the application, including all understandings and assurances
contained therein, and directing and authorizing the person identified as the official
representative of the applicant to act in connection with the application and to provide
such additional information as may be required.
2. It will comply with Title VI of the Civil Rights Act of 1964 (PL 88-352) and in
accordance with Title VI of that Act, no person in the United States shall, on the
grounds of race, color, or national origin be excluded from participation in, be denied
benefits of; or be otherwise subjected to discrimination under any program or activity for
which the applicant receives federal financial assistance and will immediately take any
measures necessary to effectuate this agreement.
3. It will comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d) prohibiting
employment discrimination where (1) the primary purpose of a grant is to provide
employment or (2) discriminatory employment practices will result in unequal treatment
of persons who are or should be benefiting from the grant -sided activity.
4. It will comply with requirements of the provisions of the Uniform Relocation Assistance
and Real Property Acquisitions Act of 1970 (PL 91-646) which provides for fair and
equitable treatment of persons displaced as a result of federal and federally assisted
programs.
5. It will comply with the provisions of the Hatch Act which limit the political activity of
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.
3/92 Page 1 of 2
STANDARD ASSURANCES, continued
9. It will comply with all requirements imposed by the sponsoring agency concerning special
requirements of law, program requirements, and other administrative requirements.
10. It will insure that the facilities under its ownership, lease, or supervision which shall be
utilized in the accomplishment of the project are not listed on the Environmental
Protection Agency's (EPA) list of Violating Facilities and that it will notify the federal
grantor agency of the receipt of any communication from the D'ir'ector 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 (26 USC 469a-1 et sem) 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 Texas Civil Statutes, Art. 5996a, by insuring that no officer, employee,
or member of the applicant's governing body or of the applicant's contract 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 who shall have been continuously
employed for a period of two years prior to the election or appointment of the officer,
employee, or governing body member related to such person in the prohibited degree.
It will insure that all information collected, assembled, or maintained by the applicant
relative to this project shall be available to the public during normal business hours in
compliance with Texas Civil Statutes, Art. 6252-17a, unless otherwise expressly provided
by law.
It will comply with Texas Civil Statutes, Art. 6252-17, which requires all regular, special,
or called meetings of governmental bodies to be open to the public, except as otherwise
provided by law or specifically permitted in the Texas Constitution.
3/92 Page 2 of 2
ATTACHMENT D
DEBARMENT CERTIFICATION
(1) The SUBGRANTEE certifies to the best of its knowledge and belies; that it and its
principals;
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible
or voluntarily excluded from covered transactions by any federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or
had a civil judgement rendered against then for commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or performing a federal, state
or local public transaction or contract under a public transaction; violation of federal or
state antitrust statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or receiving stolen
property,
(c) Are not presently indicted for otherwise criminally or civilly charged by a federal
state, or local governmental entity with commission of any of the offenses enumerated in
paragraph (1)(b) of this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or
more federal state or local public transactions terminated for cause or default.
(2) Where the SUBGRANTEE is unable to certify to any of the statements in this certification,
such SUBGRANTEE shall attach an explanation to this certification.
David R. Langston, Mayor
Title
September 24, 1992
Date