1993-167E \WPDOMORMAFETY
NO 3
AN ORDINANCE OF THE COUNCIL OF THE CITY OF DENTON, TEXAS, AUTHORIZ-
ING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE TEXAS DEPART-
MENT OF TRANSPORTATION REQUESTING CONTINUED FUNDING FOR A TRAFFIC
SAFETY PROGRAM, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City of Denton is eligible to continue receiving
such funds and desires to promote the public safety and well-being
of citizens through increasing the effectiveness of the Denton
Police Department in its law enforcement, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I. That the City Council hereby authorizes and directs
the City Manager to execute an agreement with the Texas Department
of Transportation requesting continued funding for a traffic safety
program
SEqTION II. That the expenditure of funds in the amount of
$12,500 is hereby authorized
SECTION III. That this ordinance shall become effective immed-
iately upon its passage and approval
PASSED AND APPROVED this the kT day of 1993
BOB CASTLEBERRY, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
DEBRA A DRAYOVITCH, CITY ATTORNEY
/j y
BY IL Jj I"
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, 1993 or when fully executed by all
parties hereto, whichever occurs later, and
shall terminate on September 30, 1994
unless termination occurs as provided for hereinafter
ARTICLE 21 RESPONSIBILITIES OF THE PARTIES
The Subgrantee shall undertake and complete the project as described in Attachment A,
Approved Project Description, and in accordance with all terms and conditions included
hereinafter The Department shall provide assistance as appropriate and as specified in said
Attachment A
ARTICLE 3 COMPENSATION
A. The maximum amount payable under this agreement shall not exceed the amount of
$ 12,500 00 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 4ot to exceed the limits specified in Attachment B, Approved Project Budget, unless
other methods of payment are specified as follows
If Attachment B, Approved Protect 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
Protect 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 grant amendment
D To be eligible for reimbursement under this agreement, a cost must be incurred in
accordance with Attachment B, Approved Project Budget, within the period specified in
Article 1 above
10/93 - PalZe 2 of 13
Federal Pass Through Grant Funds TxDOT Mtsc Con No
CFDA Number 20600
State Grant Funds Charge No
VID No
17560005146000
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 Departm nt, and
CITY OF DENTON 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 Umted State Code, and,
WHEREAS, the Department admirusters 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 67011-1, 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) OCCUPANT
V0nTRCTTON (OP) STEP
10/93 Page 1 of 13
TEXAS TRAFFIC SAFETY PROGRAM AGREEMENT
E Payment of costs incurred under this agreement is further governed by one of the
following cost principles, as appropriate, outlined in the Federal Office of Management
and Budget (OMB) Circulars
• A-21, Cost Principles for Educational Institutions,
• A-87, Cost Principles for State and Local Governments, or,
a A-122, Cost Principles for Nonprofit Organizations
F The Subgrantee agrees to submit monthly or quarterly requests for reimbursement, as
designated in Attachment A, within 30 days after the end of the billing period The
Subgrantee will use billing statements acceptable to the Department The original billing
statement and one copy is to be submitted to the address shown on the last page of this
agreement
G The Subgrantee agrees to submit the final request for payment under this agreement
within sixty (60) days of the end of the grant period
H The Department will exercise all good faith to make payments within thirty days of
receipt of properly prepared and documented requests for payment All payments,
however, are contingent upon the availability of appropriated funds
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 ment
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
hmit requirement Unless exempted, all federally-funded agreements are considered tc
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
10/93 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
Gene;al 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 ansing 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 5 AGREEMENT AMENDMENTS
If at any time during the agreement period the Department determines that additional funds are
needed to continue the project and the maximum amount payable is insufficient, a written
amendment is to be executed to authorize additional funds, if the Department and the
Subgrantee determine to continue project funding Additionally, any changes in the agreement
period, agreement terms or responsibilities or the parties hereto shall be enacted by written
amendment executed by both parties
The amendment shall be agreed upon by the parties to this agreement and shall state the
change to the mutual satisfaction of the parties In no event will the agreement period be
extended unless a written amendment is executed before the completion date specified in
Article 1
ARTICLE 6 ADDITIONAL WORK
If the Subgrantee is of the opinion that any work it has been directed to perform is beyond the
scope of this agreement and constitutes additional work, the Subgrantee shall promptly notify
the Department in writing In the event that the Department finds that such work does
constitute additional work, the Department shall so advise the Subgrantee and provide
compensation for doing this work on the same basis as the original work If the compensation
for the additional work will cause the maximum amount payable to be exceeded, a written
amendment will be executed Any amendment so executed must be approved within the
agreement period specified in Article 1
ARTICLE 7 CHANGES IN WORK
When the approved project description requires a completed work product, the Department will
review the work as specified in the approved project description If the Department finds it
necessary to request changes in previously satisfactonly 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
10/93 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 8 GENERAL. TERMS AND CONDITIONS
G1 Indemnification
To the extent permitted by law, the Subgrantee, if other than a State agency, shall save harmless
the Department from all claims and liability due to the acts or omissions of the Subgrantee, its
agents or employees The Subgrantee also agrees to save harmless the Department from any
and all expenses, including attorney fees, all court costs and awards for damages, incurred by the
Department in litigation or otherwise resisting such claims or liabilities as a result of any
activities of the Subgrantee, its agents ortemployees
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
om any against
cau
the Department duet pees nal injuries characternd/broroughtdeath to asuchemployeef resulthe
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 Subgran ee 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 Subgra~ tee 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
10/93 Page 5 of 13
TEXAS TRAFFIC SAFETY 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 4r 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
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 wiU 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
10/93 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 Subgrantoe'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 p rtion after the effective date of termination
10/93 Page 7 of 13
TEXAS TRAFFIC SAFETY PROGRAM AGREEMENT
Except with respect to defaults of subcontractors, the Subgrantee shall not be in default by
reason of any failure in performance of this agreement in accordance with its terms (including
any failure by the Subgrantee to progress in the performance of the work) if such failure arises
out of causes beyond the control and without the default or negligence of the Subgrantee Such
causes may include but are not limited to acts of God or of the public enemy, acts of the
Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine
restrictions, strikes, freight embargoes, and unusually severe weather In every case, however,
the failure to perform must be beyond the control and without the fault or negligence of the
Subgrantee
G10 Gratuities
Texas Transportation Commission policy mandates that employees of the Department shall not
accept any benefits, gifts or favors from any person doing business with or who reasonably
speaking may do business with the Department under this agreement The only exceptions
allowed are ordinary business lunches and items that have received the advanced written
approval of the Department's Executive Director
Any person doing business with or who reasonably speaking may do business with the
Department under this agreement may not make any offer of benefits, gifts or favors to
Department employees, except as mentioned hereabove Failure on the part of the Subgrantee
to adhere to this policy may result in termination of this agreement
G11 Compliance With Laws
The Subgrantee shall comply with all Federal, State and local laws, statutes, ordinances, rules
and regulations, and the orders and decrees of any courts or administrative bodies or tribunals
in any matter affecting the performance of this agreement, including, without limitation,
workers' compensation laws, minimum and maximum salary and wage statutes and regulations,
and licensing laws and regulations When required, the Subgrantee shall furnish the
Department with satisfactory proof of its compliance therewith
G12 Successors and Assigns
The Department and the Subgrantee each binds itself, its successors, executors, assigns and
administrators to the other party to this agreement and to the successors, executors, assigns and
administrators of such other party in respect to all covenants of this agreement The
Subgrantee shall not assign, sublet, or transfer 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
10/93 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
G15 Properld Management
The Subgrantee shall establish and administer a system to control, protect, preserve, use,
maintain, an dispose of any property furnished to it by the Department or purchased pursuant
to this agreet=t 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 wluch 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 Insuronce
When directled by the Department, the Subgrantee, if other than a State agency, shall provide
or shall require its subcontractors to secure a policy of insurance in the maximum statutory
limits for tort liability, naming the Department as an additional insured under its terms When
so directed, the Subgrantee shall provide or shall require its subcontractor to furnish proof of
insurance on TxDOT Form 20 102 (12/91) to the Department, and shall maintain the insurance
during the grant period established in Article 1
10/93 Page 9 of 13
TEXAS TRAFFIC SAFETY PROGRAM AGREEMENT
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 mdirectly in the
discrimination prolubited by Section 215 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 furmsh 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 mformation
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
10/93 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 Incorporation of Provisions The Subgrantee shall include the provisions of paragraphs 1
through 6 in every subcontract, including procurement of matenals 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 Minonty 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 Mmonty 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 inecessary 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
10/93 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
Depa"rtment, 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
10/93 Page 12 of 13
TEXAS TRAFFIC SAFETY PROGRAM AGREEMENT
IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED DUPLICATE
COUNTERPARTS TO EFFECTUATE THIS AGREEMENT
THE SUBGRANTEE
CITY OF DENTON
[Legal Name of Subgrantee]
Date 8 ~O S
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
By
Traffic Operations Engineer
Texas Department of Transportation
Date
Under authority of Ordinance or
Resolution Number (For Local
Governments)
1zs. CA 4 i~oya Jr 03
Mailing Addreses
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 DENTON
For the Texas Department of Transportation
TEXAS DEPARTMENT OF TRANSPORTATION
215 E MCXINNEY
DENTON, TEXAS 76201
P 0 BOX 3067
DALLAS, TEXAS 75221-3067
10/93 Page 13 of 13
clt~A tJ _
Mme an Title]
APPROVED PROJECT DESCRIPTION
ATTACHMENT A
OCCUPANT PROTECTION SELECTIVE TRAFFIC ENFORCEMENT PROGRAM
(OP STEP)
CITY OF DENTON
SUBGRANTEE
I A=ORIZATION
This grant implements Task B of 94-04-02 of the FY94 Highway
Safety Plan
II PROBLEM STATEMENT'
The State of Texas has had a Mandatory Use Law (MUL) for
safety belts for the past 8 years Since that time, Texas
has seen safety belt use rise to among the highest levels in
the country In 1992, according to the Texas Transportation
Institute (TTI), Texas A&M University, the percent of
drivers restrained in 18 Texas urban cities was
approximately 75 4% A statewide weighted estimate of
safety belt use for Texas in 1992 was 68 6%
The child passenger restraint law was implemented in 1984
for infants and children from birth to 4 years of age to
protect them while riding in a car or light truck
According to TTI, the statewide usage rate for this age
group in 1992 was 57 3%
The statewide goal for FY 1994 1s at least 75% safety belt
use by drivers and front seat passengers and 70% safety seat
or safety belt use by passengers from birth to 4 years of
age
The 1990 Save City/Save County Ranking for Drivers or
Passengers 3 years of age) with no restraint appears in
the annual Highway Safety Plan A ranking for passengers
under age 4 with no restraint is also included Cities and
counties are ranked with respect to the severity of the
problem This Subgrantee is on these lists with Weighted
Ranking Numbers of 17 for Driver or Passenger (>3)
and 47 5
for Passenger (<4)
The Subgrantee has a safety belt use rate of 79 and has
a child passenger restraint use rate of UNx %
This is the 3rd year the Subgrantee has received
federal 402 funds for OP STEP
OP 10/93 page 1 of 6
III
IV
OBJECTIVES
A To increase safety belt use among drivers and front
seat passengers by 2 percentage points and child
passenger restraint use by 4 percentage points by
the end of the grant period
B To increase the total number of occupant protection
citations issued by 2 % when compared to the total
occupant protection citations issued for the previous
12 months
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
RESPONSIBILITIES OF THE SUBGRANTEE
A Carry out the objectives of this grant by implementing
the Operational Plan and the Action Plan in this
attachment
B 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
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
E
F
1 The Subgrantee will arrange for meetings with the
Department no less than quarterly to present
status of activities, discuss problems and
schedule for the following quarter's work
2 The project coordinator or other qualified person
will be available to represent the Subgrantee at
meetings requested by the Department
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
OP 10/93 page 2 of 6
G In addition to STEP enforcement activities, maintain
non-STEP occupant protection enforcement citations at
not less than the level attained prior to grant
approval
H Ensure that 90% of the enforcement hours worked under
the grant are at STEP sites
I Ensure that each officer working on the STEP project
will complete an officers daily report form that is
approved by the Department
J Ensure that no officer above the rank of Lieutenant
will be reimbursed for enforcement duty
K Support the enforcement efforts with public information
and education
L Officers assigned to OP STEP should be trained in the
occupant Protection Usage Enforcement course approved
by the Texas Commission on Law Enforcement Officer
Standards and Education (TCLEOSE)
M Subgrantees with a Traffic Division will utilize
trained traffic personnel for this grant unless such
personnel are unavailable for assignment
V RESPONSIR11ITIES OF THE DEPARTMENT
A Monitor the Subgrantee's compliance with performance
obligations and fiscal requirements of this grant
B Provide program management and technical assistance as
appropriate
C Reimburse the Subgrantee for all eligible costs as
defined in Attachment B, Approved Project Budget
Requests for Reimbursement will be processed up to the
maximum amount payable when submitted in the manner and
within the time frames, as specified in Article 3
D Perform an administrative evaluation of the project at
the close of the grant period to include a review of
adherence to budget, Action Plan and attainment of
objectives
VI PERFORMANCE INDICATORS.
The following performance indicators, when applicable, shall
be included in each Performance Report, Annex Report, and
summarized in the Administrative Evaluation
A Number of safety belt citations issued by OP STEP
OP 10/93 page 3 of 6
B Number of child restraint citations issued by OP STEP
Ca Total number of DWI arrests, speed, safety belt, child
restraint citations
D, Percent of STEP enforcement hours at STEP sites
(including transit time)
E Number of enforcement hours per safety belt/child
restraint citation
F Number of public information and education activities
(i e , presentations, interviews, press releases)
G Number of Occupant Protection Violator Courses (OPVC)
conducted
H Number of OPVC attendees
I Maintenance of non-STEP safety belt and child restraint
activity
17 Number of occupant protection surveys conducted
K Percentage point change in observed safety belt and
child restraint usage between pre and post surveys
L Number of officers working OP STEP trained in the
Occupant Protection Usage Enforcement (OPUE) course
N~ Number of officers working OP STEP
OP 1014/93 page 4 of 6
VII OPERATIONAL PLAN
STEP
SITE
NUMBER
SITE DESCRIPTION
(INCLUDE APPROXIMATE
LENGTH IN MILES)
START OF
SHIFT
(DAY/TIME)
END OF
DASHIFT
Y/TIME)
1
CITY WIDE
7 DAYS/WEEK
DAYLIGHT
7 DAYS/WEEK
HOURS
NOTE Subgrantee may work additional STEP enforcement hours on
holidays or special events if these times are not covered
under shifts identified above These additional hours
must be described in the Project Performance Report
OP 10/93 page 5 of 6
a
oI
H
U
N
4-1 >
> 4J
H U
a- ro
U
rov
ro
bib
z r-1 N
f. a
0 (D
¢ U $a
II II II
a U $1
WI N
41
PP44 G
v
v
$1
.a
a
a
ro
$1
C
m
fa
0)
H
ro
sa
r
N
ol
v
a
ro
N
ri
+1
$4
aJ
N
.1
q
'g1
ro
r-1
r-I
.i
W
r-1
0
W
~ E
rM~
O EI
z
P4
a
U
a
0
w
a
a
a
o
a
a
a
a
h
H
z
a
a
z
h
0
a
a
U
a
a
a
W
14
a
a
a
a
' W
a
W
4
a
a
w
Fl
w
a
a
a
a
0
a
z
v
a
0
a
W
oC
N
v
W
N
4J
W 4J
d
d
7
y
y
y~
a1
+J U1
N
+i
,P
0
ro
~
ro
m
P4
to
~
a
R a
A
rq
a
a
A
m
A
a
a
°1
a
m o
4
y
ai
n
i
n
U)
N
N
0>
>1
N
0
r
i~
b
°1
N
.v
0`
M
a
ro
a
c
w
w
a
v
a
0
N
U
t3l
y
>
9
4-)
0
N
9
O
.i
W
41
to '1
4J
b
0
r
(
~
C
U
4J
H
C H
N
1
>
4
N n
(0 b
G
1
G
1
44
41 >
g
4)
4J 0
(a
ai
N
It
0 I.
b
>
O N
W'0
r.b
O
O
H d
O
$roab
A
N
to
N N
E N
$1
a
U
a U
N
U
m 41
+J r.
H
N~
$a U
i~
4j
.1 Jj
u ro
♦J
N .1
O 11
4J
0
V
H $1
l'1
O .1
:3 $a
H
C
r;
44 0
C
b
H
fl N
r;
.1 0
b 41
E
q
.f]
3a Q
ro
9
O
N
H
444
O N
A
O
E A
'0 0
F N
O N
U
$a
Ul
N 0
la
N
a N
0
U
>
(a $a
U)
0i N
U P
t0
w
O
v
tP
ro
a
m
0
a
0
ATTACHMENT B
APPROVED PROJECT BUDGET
OCCUPANT PROTECTION STEP
CITY OF DENTON
SUBGRANTEE (Round figures
to nearest
I LABOR COSTS-
(100) A ENFORCEMENT (overtime)
ffic officers
1 T
744
hours
@
21 00 per
hour =
$
15,624
00
ra
eants
2 S
196
hours
@
25 50 per
hour =
$
4,998
00
erg
utenants
3 Li
-0-
hours
@
-0- per
hour =
$
-0-
e
(100) B STAFF AND SUPERVISORY SUPPORT (not
to
exceed 10% of
total grant amount)
1 Project Director
100
hours
@
25 50 per
hour =
$
2,550
00
(overtime)
2 Clerk/data entry
-0-
hours
@
-0- per
hour =
$
-0-
SUBTOTAL
A & B
$
23,172
00
(300) C TRAVEL AND PER DIEM
(actual
costs
not to exceed
state rates)
$
28
00
TOTAL LABOR $ 23,200 00
II OTHER DIRECT COSTS:
(700) A Mileage (not to exceed approved state rate)
7,200 miles @ 25 per mile = - $ 1,800 00
(700) B Public Information and Education Materials $ -0-
(up to 5% of grant amount)
TOTAL OTHER DIRECT $ 1,800 00
FUND SOURCES
Federal Fuinds ( 50 Local Funds ( 50
$ 12,500 00 + $ 12,500 00 = TOTAL $ 25,000 00
(Art 3 A , pg 2 of 13)
OP 10/93 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-~1, 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
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 thereiti, and directing and authorizing the person identified as the official
representative of the apphcant to act in connection with the application and to provide
such additional information as may be required
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 20004) prohibiting
employment discrimination where (1) the primary purpose of a grant is to provide
employment or (2) discriminatory employment practices will result in unequal treatment
of persons who are or should be benefiting from the grant-sided activity
4 It will comply with requirements of the provisions of the Uniform Relocation Assistance
and Real Property Acquisitions Act of 1970 (PL 91-646) which provides for fair and
equitable treatment of persons displaced as a result of federal and federally assisted
programs
5 It will comply with the provisions of the Hatch Act which limit the political activity of
employees
6 It will comply with the minimum wage and maximum hours provisions 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 isior gives the appearance of being motivated by a desire for private gam 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
10/93 Page 1 of 2
STANDARD ASSURANCES continued
9 It will comply with all requirements imposed by the sponsoring agency concerning specs it
requirements of law, program requirements, and other administrative requirements
10 It will insure that the facilities under its ownership, lease, or supervision which shall be
utilized in the accomplishment of the project are not listed on the Environmental
Protection Agency's (EPA) list of Violating Facilities and that it will notify the federal
grantor agency of the receipt of any communication from the Director of the EPA Office
of Federal Activities indicating that a facility to be used in the project is under
consideration for listing by the EPA.
11 It will comply with the flood insurance purchase requirements of Section 102(a) of the
Flood Disaster Protection Act of 1973, PL 93-234, 87 Stat 975, approved December 31,
1976 Section 102(a) requires, on and after March 2, 1975, the purchase of flood
insurance in communities where such insurance is available as a condition for the receipt
of any federal financial assistance for construction or acquisition purposes for use in any
area that has been identified by the Secretary of the Department of Housing and Urban
Development as an area having special flood hazards The phrase "federal financial
assistance includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy,
disaster assistance loan or grant, or any other form of direct or indirect federal
assistance
12 It wtll 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 Hrstonc Preservation Act of 1966 (26 USC 469a-1 et sec) 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 I-{istonc 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 5996x, 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 consanguiruty 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
10/93 Page 2 of 2
ATTACHMENT D
DEBARMENT CERTIFICATION
(1) The SUBGRANTEE certifies to the best of its knowledge and belief, that it and its
principals,
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible
or voluntarily excluded from covered transactions by any federal department or agency,
(b) Have not within a three-year period preceding this proposal been convicted of or
had a civil judgement rendered against then for commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or performing a federal, state
or local public transaction or contract under a public transaction, violation of federal or
state antitrust statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or receiving stolen
property,
(c) Are not presently indicted for otherwise criminally or civilly charged by a federal
state, or local governmental entity with commission of any of the offenses enumerated in
paragraph (1)(b) of this certification, and
(d) Have not within a three-year period preceding this application/proposal had one or
more federal state or local pubhc 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
CI±u j20A-NANcg-
Ti le
$ 2-0, 3
Date
10/93 Page 1 of 1