1991-121ORDINANCE NO q1-1021
AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF DENTON
AND THE STATE OF TEXAS FOR THE TEXAS TRAFFIC SAFETY PROGRAM,
AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT AND
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City Council has determined that it is in
the best interest of the citizens of the City to participate
with the State of Texas in the Texas Traffic Safety Program, in
consideration of the valuable public services to be furnished
by the Texas Traffic Safety Program to the City of Denton in
accordance with the Contract attached hereto NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the City Council hereby approves the
contract attached hereto, between the City of Denton and the
State of Texas, and authorizes the City Manager to execute said
Contract
SECTION II That this ordinance shall become effective
immediately upon its passage and approval
PASSED AND APPROVED THIS THE ~ day of August 1991
ATTEST,
JENNIFER _ WALTERS, CITY SECRETARY
BY ~..N AAa&
AP ROVED 'ASS TO LEGAL FORM
DEBRA A DRAYOVITCH, CITY ATTORNEY
BY
5442M
Contract No 582xxF6020
Charge No (92)04-02-B1-AE
VID No 17560005146000
TEXAS TRAFFIC SAFETY PROGRAM
CONTRACT
THE STATE OF TEXAS
THE COUNTY OF TRAVIS
THIS CONTRACT IS MADE BY AND BETWEEN THE STATE OF TEXAS, acting by and
through the State Department of Highways and Public Transportation, hereinafter called the
Department, and - _ tha V TTY OF nxMna
acting by and through its duly authorized officers, hereinafter called the Contractor For the
purpose of this contract, the Contractor is designated as a(n) Local Government
WITNES Tw
Article 6701,1-1, 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,
The Governor of Texas has named the Engineer-Director of the Department as his
representative to administer the Texas Traffic Safety Program, and,
The Engineer-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,
The Department and the Contractor agree to implement a traffic safety project generally
authorized in the HSP, said project described as a(n) OCCUPANT PROTECTION STEP
NOW, THEREFORE, in consideration of the premises
and of the mutual covenants and agreements of the parties hereto, the Department and the
Contractor do mutually agree as follows
ARTICLE 1 CONTRACT PERIOD
This contract becomes effective on October 1, 1991 or when fully executed by all
parties hereto, whichever occurs later, and shall terminate on seotember 30 1992
unless termination occurs as provided for hereinafter
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TEXAS TRAFFIC SAFE-y-' PROGRAM CON LACT
ARTICLE 2 RESPONSIBILITIES OF THE PARTIES
N
The Contractor shall undertake and complete the project as described in Attachment A,
Approved Project Description, and in accordance with all terns 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 contract shall not exceed the amount of
$ 25.MCI nn unless modified in writing through an amendment pursuant to
Arucle S
B The method of payment for this contract 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 Contractor's expenditures may not exceed any budget category to the
Approved Project Budget by an amount greater than S% of the total budg*t without a
written contract 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 contract, a cost must be incurred in
accordance with Attachment B, Approved Project Budget, within the contract period
specified in Article 1 above
E Payment of costs incurred under this contract 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-871 Cost Principles for State and Local Governments, or,
A-122, Cost Principles for Nonprofit Organizations
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TEXAS TRAFFIC SAFETY PROGRAM CONTRACT
F The Contractor 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
Contractor 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
contract
G The Contractor agrees to submit the final request for payment under this contract 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 contract
penod and usually do not receive extended funding beyond three years If both the
Department and the Contractor agree that the project has demonstrated merit or has
potential long-range benefits, the Contractor may apply for funding assistance beyond the
three year limit To be eligible, the Contractor 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 m 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 Contractor 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 contract
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
If at any time during the contract period the Department determines that there is insufficient
funding to continue the project, the Department shall so notify the Contractor, giving notice of
intent to terminate the contract Such termination will be conducted in such a manner that
will minimize disruption to the Contractor and the Department, and as further specified in
General Provision G9, Termination
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TEXAS TRAFFIC SAFET PROGRAM CONTRACT
1 he Contractor, 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 Contractor's claim under this contract The Contractor expressly acknowledgches that its
responsibility includes the payment of all damages, expenses, penalties, fines, costs, arges,
and attorney fees, if the claims or lawsuits are based upon the Department's non-payment of
claims submitted under this contract The Contractor 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
Contractor of any obligation hereunder
ARTICLE S CONTRACT AMENDMENTS
If at any time during the contract 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
Contractor determine to continue project fundm&
The amendment shall be agreed upon by the parties to this contract and shall state the
change to the mutual satisfaction of the parties In no event will the contract period be
extended unless a written amendment is executed before the completion date specified in
Article 1
ARTICLE 6 ADDITIONAL WORK
If the tractor the scopenof this ontracteand onstitutesn additional work, the Contractor shall prompt 1 beyond
the Department in writing In the event that the De y
constitute additional work, the Department shall so ad se the Contractor and prorvid ,
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
contract 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
Contractor 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
If the Department finds it necessary to require the Contractor to revise completed work to
correct errors appearing therein, the Contractor shall make such corrections and no
compensation will be paid for the corrections
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i
TEXAS TRAFFIC SAFETY PROGRAM CONTRACT
ARTICLE 8 GENERAL TERMS AND CONDMONS
GI Indemnifleation
To the extent permitted by law, the Contractor, if other than a State agency, shall save
harmless the Department from all claims and liability due to the acts or omissions of the
Contractor, its agents or employees The Contractor also agrees to save harmless the
Department from any and all expenses, including attorney fees, all court costs acid awards for
damages, incurred by the Department is litigation or otherwise resisting such claims or
liabilities as a result of any activities of the Contractor, its agents or employees
Further, to the extent permitted by law, the Contractor, 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 land and character brought by any employee of the Contractor
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 Contractor 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
tunes 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 Contractor or a subcontractor,
the Contractor 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 Contractor shall be responsible for the settlement of all contractual and administrative
issues arising out of procurements entered in support of contract work
Disputes concerning performance or payment shall be submitted to the Department for
settlement with the Engineer-Director acting as referee
This agreement shall not be considered as specifying the exclusive remedy for any dispute or
violation or breach of contract terms, but all remedies existing at law and in equity may be
availed of by either party and shall be cumulative
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i'E.XAS TRAFFIC SA.FE7- nROGRA.M CONTRACT
l,4 Noncollusion
The Contractor 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 contract, 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 contract U the Contractor breaches or violates
this warranty, the Department shall have the right to anaui this contract without liability or, in
its discretion, to deduct from the contract price or consideration, or otherwise recover the full
amount of such fee, commission, brokerage fee, gift, or contingent fee
GS Reporting
Not later than thirty days after the end of each quarter, the Contractor 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 Contractor shall submit the final quarterly report within 30 days after completion of the
contract
The Contractor shall promptly advise the Department in writing of events which have a
sigi)ificant impact upon the contract, including
1 Problems, delays, or adverse conditions which will materially affect the ability to attain
program objectives, prevent the meeting of tone 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 Contractor 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 contract period and for three years from the date of
the final performance report under the contract Such materials shall be made available
during the specified period for inspection by the Department, the US Department of
Transportation and the Office of the Inspector General, if the contract is federally funded, and
any of their authorized representatives for the purpose of making audits, examinations,
excerpts, and transcriptions
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TEXAS TRA.rFIC SAFETY PROGRAM CONTRACT
G7 Audit
The Contractor 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 Contractor'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 contract
No subcontract will relieve the Contractor of its responsibility under this contract
G9 Termination
The Department may terminate this contract at any time before the date of completion
whenever it is determined that the Contractor has failed to comply with the conditions of the
contract The Department shall give written notice to the Contractor 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 contract agree that the continuation of the contract in whole or in part
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 contract, whether for cause or at the convemence of the parties
hereto, all finished or unfinished documents, data, studies, surveys, reports, maps, drawings,
models, photographs, etc prepared by the Contractor shall, at the option of the Department,
become the property of the Department
The Department shall compensate the Contractor for those eligible expenses incurred during
the contract period which are directly attributable to the completed portion of the work
covered by this contract, provided that the work has been completed in a manner satisfactory
and acceptable to the Department The Contractor shall not mcur new obligations for the
terminated portion after the effective date of termination
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TEXAS TRAFFIC SAFEr PROGRAM CONTRAG"f
Except with respect to defaults of subcontractors, the Contractor shall not be in default by
reason of any failure in performance of this contract in accordance with its terms (including
any failure by the Contractor to progress in the performance of the work) if such failure arises
out of causes beyond the control and without the default or neghgence of the Contractor
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 Contractor
GIO Gratuities
State Highway and Public 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 contract The
only exceptions allowed are ordinary business lunches and items that have received the
advanced written approval of the Department's Engineer-Director
Any person doing business with or who reasonably speaking may do business with the
Department under this contract may not make any offer of benefits, gifts or favors to
Department employees, except as mentioned hereabove Failure on the part of the
Contractor to adhere to this policy may result in termination of this contract
G11 Compliance With lAws
The Contractor shall comply with all Federal, State and local laws, statutes, ordinances, rules
and regulaiions, and the orders and decrees of any courts or admimstratrve bodies or tribunals
in any matter affecting the performance of this contract, including, without limitation, workers'
compensation laws, minimum and maximum salary and wage statutes and regulations, and
licensing laws and regulations When required, the Contractor shall furnish the Department
with satisfactory proof of its compliance therewith
G12 Successors and Assigns
The Department and the Contractor each binds itself, its successors, executors, assigns and
administrators to the other party to this agreement and to the successors, executors, assigns
and admmistrators of such other party in respect to all covenants of this agreement Neither
the Department nor the Contractor shall assign, sublet, or transfer its interest in this
agreement without written consent of the other
G13 Ownership of Documents
Upon completion or termination of this contract, all documents prepared by the Contractor or
furnished to the Contractor by the Department shall be delivered to and become the property
of the Department All sketches, photographs, calculations, and other data prepared under
this contract shall be made available, upon request, to the Department without restriction or
limitation of their further use
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TEXAS ilRmvlc SAFETY PROGRAM CONTRACT
G14 Resources
The Contractor warrants that it presently has adequate qualified personnel in its employment
for performance of services required under this contract, or will be able to obtain such
personnel from sources other than the Department.
Unless otherwise specified, the Contractor shall furnish all equipment, materials, and supplies
required to perform the work authorized herein.
All employees of the Contractor shall have such knowledge and experience as will enable
them to perform the duties assigned to them Any employee of the Contractor 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
G1S Property Management
The Contractor 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 Contractor shall maintain procurement standards which meet or exceed the requirements,
as appropriate, of
49 CFR 18, "Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments;" or,
" OMB Circular A-110, "Uniform Requirements for Grants to Universities, Hospitals,
and Other Nonprofit Organizations
G17 Insurance
When directed by the Department, the Contractor, 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 toil liability, naming the Department as an additional insured under its terms
When so directed, the Contractor shall provide or shall require its subcontractor to furnish
proof of insurance on forms satisfactory to the Department, and shall maintain the insurance
during the contract period established in Article 1
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TEXAS TRAFFIC SAFEr "ROGRAM CONTRACT
Gig Equal Employment Opportunity
µI
The Contractor 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 contract, the Contractor, its assigns and successors in interest,
agrees as follows
1 Compliance with R Iattoea: The Contractor 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 contract
2 Nondiscrimination The Contractor, with regard to the work performed by it during the
contract, 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 Contractor shall not participate either directly or indirectly in the
discrimination prohibited by Section 215 and Part 710 405(b) of the Regulations, including
employment practices when the contract covers a program set forth in Appendix B of the
Regulations
3 Solicitations for ubcontraMS Includin>< remen ■ of bate^~i ` r foment In
all solicitations either by competitive bidding or negotiation made by the Contractor 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 Contractor of the
Contractor's obligations under this contract and the Regulations relative to nondiscrimination
on the grounds of race, color, sex, or national origin
4 IOfixrmation and Re~+nl+c The Contractor shall provide all information
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 Contractor is in the exclusive possession of another who fails or refuses to furnish this
information, the Contractor shall so certify to the Department or the U S Department of
Transportation as appropriate, and shall set forth what efforts it has made td obtain the
information
5 Sanctions for Noncomniian In the event of the Contractor's noncompliance with the
nondiscrimination provisions of this contract, the Department shall impose such contract
sanctions as it or the US Department of Transportation may determine to be appropriate,
including but not limited to
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TEXAS TRAFFIC SAFETY PROGRAM CONTRACT
o withholding payments to the Contractor under the contract until the Contractor
complies, and/or
o cancellation, termination, or suspension of the contract in whole or in part
6 of Provisions: The Contractor shall include the provisions of paragraphs 1
through m every subcontract, including procurements of materials and leases of equipment,
unless exempt by the Regulations or directives issued pursuant thereto, The Contractor 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 Contractor becomes involved in, or is threatened with
litigation with a subcontractor or supplier as a result of such direction, the Contractor may
request the Department to enter into such litigation to protect the interests of the
Department, in addition, the Contractor 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
contract as follows
o The Contractor 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 Contractor
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
o The Contractor 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 contract and,
after the notification of the Department, may result in termination of the contract by the
Department or other such remedy as the Department deems appropriate
G21 Debarment/Suspension
The Contractor 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
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TEXAS TRAFFIC SAFrr 'ROGRAM CONTRACT
Suspension The Contractor shall require any party to a subcontract or purchase order
awarded under this contract 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 Contractor hereby represents and warrants that she/he is an
officer of the Organization for which she/he has executed this contract and that she/he has full
and complete authority to enter into this contract on behalf of the firm
G23 Assurances and Certification
The Contractor attests that the assurances included in Attachment C of this contract and the
certification included in Attachment D of this contract are accurate and current
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TEXAS TRA~TIC SAFETY rROGRAM CONTRACT
IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED DUPLICATE
COUNTERPARTS TO EFFECTUATE THIS AGREEMENT
THE CONTRACTOR
CITY OF DENTON
[Legal Name of Contractor)
Y 1-7 [Signature]
Lloyd V Harrell, CITY MANAGER
[Name and Title)
Date August 1, 1991
and Title)
(8)
THE STATE OF TEXAS
Certified as being executed for the purpose
and effect of activating and/or carrying
out the orders, established policies, or work
programs heretofore approved and
authorized by the State Highway and Public
Transportation Commission under the
authority of Minute Order 82513
Traf :Opeiations Engine
Date f-Z/
Under authority of OrdinaW or
Resolution Number (For Local
Governments)
Charter Sec 5 03 (9)
Mailine Addresses
For the purpose of this agreement, the following addresses shall be used to mail all required
notices, reports, claims, and correspondence
For the Contractor
CITY OF DENTON (10)
215 E MCXINNEY
DENTON TEXAS 76201
6/91
For the Department
STATE DEPARTMENT OF UJAMM$_A9D_-
PUBLIC TRANSPORTATION
P 0 BOX 3067
DALLAS TEEAS 75221-3067
Page 13 of 13
ATTACHMENT A
APPROVED E&QUCT DESCRIPTION
OCCUPANT PROTECTION
SELECTIVE TRAFFIC ENFORCEMENT PROJECT (STEP)
CITY OF DMON
CONTRACTOR
I AUTHORIZATION.
This contract implements Task B of 92-04-02 of the FY92
Highway Safety Plan
II. PROBLEM STATENENT_
The State of Texas has had a Mandatory Use Law (MUL) for
safety belts for the past 4 years Since that time, Texas
has seen safety belt use rise to among the highest levels in
the country As of June 1990, usage in 18 Texas urban
cities was approximately 67 6 percent
According to the Texas Transportation Institute, Texas A & M
University, statewide correct child passenger restraint use
was recorded in March 1990 at 48 1 percent The child
passenger restraint law was implemented in 1984 for infants
and children from 0-4 years of age to protect them while
riding in a car or light truck Statewide correct usage for
this age group in 1989 was 45 5%
The Statewide goal for fiscal year 1992 is at least 70%
safety belt use by drivers, front seat passengers, and
children ages 0-4
The contractor has a safety belt use rate of 54 and has
a correct child passenger restraint rate of uNC g
III. OBJECTIVE
To increase safety belt use among drivers and front seat
passengers by I6 % and child safety seat use by 10 % b
the and of the contract period y
Nothing in this agreement shall be interpreted as a
requirement, formal or informal, that a police office issue
a specified or predetermined number of citations in
pursuance of the Contractor's obligations hereunder
IV RESPONSIBILITTFS OF THE CONTrtM=
A Carry out the objectives of this contract by
implementing the Operational Plan and the Action Plan
in this attachment
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S 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
contract ending date
D Attend meetings according to the following
1 The Contractor will arrange for meetings with the
Department no less than quarterly to present
status of activities, discuss problems and present
a schedule for the following quarter's work
2 The project coordinator or other qualified person
will be available to represent the Contractor at
meetings requested by the Department
E For out of state travel expenses to be reimbursable,
the Contractor 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 Contract approval does
not satisfy this requirement
F Maintain verification that wages or salaries for which
reimbursement is requested is for work exclusively
related to this project
G In addition to STEP enforcement activities, maintain
non-STEP traffic enforcement arrests jurisdiction-wide
at not less than the level attained prior to contract
approval
H Ensure that 95% of the hours planned for each month are
actually worked that month, and that 90% of the
enforcement hours for which reimbursement is claimed
are spent at STEP sites as specified in the operational
plan in this attachment
I Contractor must ensure that each officer working on
the STEP project will complete an officers daily report
form that is approved by the Department
J Contractor will ensure that no officer above the rank
of Lieutenant will be reimbursed for enforcement duty
K Support the enforcement effort with public information
rev 6/91 page 2 of 7
V RESPONSIBILIT 'r OP ~+gnxp~
A, Monitor the Contractor's compliance with performance
obligations and fiscal requirements of this contract
B Provide program management and technical assistance as
appropriate
C Reimburse the Contractor 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 contract period to include a review of
adherence to budget, Action Plan and attainment of
objectives
VI. PER RNANCE INDICATORc
The following performance indicators, when applicable, shall
be included in each Performance Report and summarized in the
Administrative Evaluation
A Total number of safety belt citations issued by STEP OP
B Total number of safety belt citations issued by Police
Department excluding STEP figures
C Number of child restraint citations issued by STEP OP
D Number of child restraint citations issued by Police
Department excluding STEP figures
E Percent change in observed safety belt usage
(Administrative evaluation only)
F Number of brochures, posters, and bumper stickers
distributed
G Number of special events, news releases, public
presentations, fairs or that promote occupant
protection
H Number of officers receiving training in conducting
occupant protection courses for citizens, and/or
1 Number of citizens attending occupant protection
courses in lieu of traffic fines
2 Number of occupant protection course sessions
offered
rev 6/91
page 3 of 7
VII OPERATIONAL su>
STEP
SITE
NUMBER
I
SITE DESCRIPTION
CITY
TIME(S) DAY(S)
OF
OF
DAY
WEEK
RING DAY-
Ca! nnm.c
7 DAYS/W[
* The PD ■ay wort during daylight hours on any day
as the contract budget is not exceeded
rev 6/91
the week as
Page 4 of 7
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ATTACHMENT B
APPROVED PROTECT BUDGET
SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP)
OCCUPANT PROTECTION
City of Denton
LABOR
(100) A Enforcement (OVERTIME)
1. Traffic Officers: 700 hours @ 21.00 per hour = $14,700 00
2. Sergeants. 200 hours @ 24 50 per hour = $ 4,900 00
3 Lieutenants hours @ per hour - $ 0
(100) B Staff and Supervisory Support
1 Project Director 96 hours @ 30.00 per hour = $ 2.880 00
2. Typist/Data Entry 40 hours @ 14 00 per hour - $ 560 00
(300) C Travel and Per Diem (State Rates) Subtotal - $23,040 00
1 Travel for contractor personnel to attend meetings 480 00
called by the Department $
'DOTAL LABOR = $ 23.520 00
OTHER DIRECT COSTS
(700) A Mileage (actual cost
not to exceed state
rate) 5,920 miles @ 2er mile = $ 1,480 00
(700) B Public Information and Education Material
(5$ or less of contract amount). $ 0
TOTAL OTHER DIRECT COSTS = $ 1,480 00
TQ= CONTRACT COST = $ 25,000 00
FEDERAL 402 FUNDS (100%) _ $_15.000 00
LOCAL FUNDS ( . $ 0
rev 6/91
page 1 of 1
ATTACHMENT C '
STANDARD ASSURANCES
The Contractor 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 Contractor 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 applichtion, 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 actmty 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 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
6/91 Page 1 of 2
i t,\'DARD ASSURANCES, continued
It will comply with all requirements unposed 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 Director of the EPA Office
of Federal Activities indicating that a facility to be used in the project is under
consideration for listing by the EPA.
11 It will comply with the flood insurance purchase requirements of Section 102(a) of the
Flood Disaster Protection Act of 1973, PL 93-234, 87 Stat 975, approved December 31,
1976 Section 102(a) requires, on and after March 2, 1975, the purchase of flood
insurance in communities where such insurance is available as a condition for the receipt
of any federal financial assistance for construction or acquisition purposes for use in any
area that has been identified by the Secretary of the Department of Housing and Urban
Development as an area having special flood hazards The phrase "federal financial
assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy,
disaster assistance loan or grant, or any other form of direct or indirect federal assistance
12 It will assist the grantor agency in its compliance with Section 106 of the National Historic
Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the
Archeological and Historic Preservation Act of 1966 (26 USC 469a=1 rA fig,,) 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 5996x, 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
6/91 Page 2 of 2
i+
Deb armeenat,Certi>Fication
(Negotiated Contracts)
(1) The CONTRACTOR 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 judgment rendered against them for commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, or perform-
ing a 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 indicated for or otherwise criminally or civilly charged by
a 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 public transactions* terminated for cause or default.
(2) Where the CONTRACTOR is unable to certify to any of the statements in
this certification, such CONTRACTOR shall attach an explanation to this
certification
*federal, state or local
N
June 27, 1991
ate
Form 1734 A
4 88
City Manager
Tit e
Contract Number 582XXF6020
Charge Number -(-92 )64--02-BI-AF
VID # 17560005146000
AMENDMENT # 1 TO CONTRACT
THE STATE OF TEXAS * *
THE COUNTY OF TRAVIS * *
THIS AMENDMENT IS MADE BY and between the State of Texas, acting by and
through the Texas Department of Transportation, hereinafter called the
Department, and the CITY OF DENTON
hereinafter called the Contractor, and becomes effective when fu?' y executed
by both parties.
W I T N E S S E T H
The Department and the Contractor executed a contract on OCTOBER 1. 1991 to
effectuate their agreement authorizing a traffic safety project generally
described as Occupant Protection Selective Traffic Safety Program ; and,
Article 1 of the contract specifies that the contract completion date is
September 30. 1992 unless the contract is terminated or otherwise modifies,
and,
Article 3 establishes the maximum amount payable under the contract as
525.000.00 unless modified in writing through an amendment to the contract,
the amended increase is not subject to match; and,
Attachment 4 to the contract includes the Approved Project Description for
the project,' to enhance "Avoid the Summertime Blues" project, observational
surveys, additional enforcement activities and increased public information
and education are requested for the summer months, and
NOW, THEREFORE, premises considered, the Department and the Contractor agree
that the contract is amended as follows.
A G R E E M E N T
I Article 31 Compensation, is amended to read as follows- The maximum
amount payable under the contract shall not exceed the amount of $32,500 00
unless modified in writing through an amendment pursuant to Article 5
II Attachment At Approved Project Description, is revised as attached
Action Plan pages that have wording changes are attached
III Attachment B, Approved Budget, is revised as attached.
I 5/92
Page 1 of 2
THE TEXAS TRAFFIC SAFETY PROGRAM
AMENDMENT TO CONTRACT
Contract Number 582XXF6020
All other provision remain in full force and effect, unchanged by this
amendment
IN WITNESS WHEREOF, THE parties to this amendment have signed duplicate
counterparts
THE CONTRACTOR
CITT OF DE8T08
(Nam of Con actor)
( ignature)
Lloyd V Harrell City Manager
(Name and Title)
Date 06 18 92
ATTEST
CA
(S 4hftture
(Nme ax(d 1 )
Under authority of ordinance or
Resolution Number
City Charter Section 5 03
THE STATE OF TEXAS
Certified as being executed 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 82513
By Traffi peraations gineer
Date
Page 2 of 2
V. RESPO&SIBUXTIES OF THE DEPARTMENT,
A Monitor the Contractor's compliance with performance
obligations and fiscal requirements of this contract.
B Provide program management and technical assistance as
appropriate.
C Reimburse the Contractor 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 cipse of the contract 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 Total number of safety belt citations issued by STEP OP
B Total number of safety belt citations issued by Police
Department excluding STEP figures
C. Number of child restraint citations issued by STEP OP
D Number of child restraint citations issued by Police
Department excluding STEP figures
E Number of surveys and percent change in observed safety
belt and child safety seat usage
F Number of brochures, posters, and bumper stickers
distributed
G Number of special events, news releases, public
presentations, fairs or that promote occupant
protection
H Number of officers receiving training in conducting
occupant protection courses for citizens, and/or
1 Number of citizens attending occupant protection
courses in lieu of traffic fines
2 Number of occupant protection course sessions
offered
rev 5/92
page 3 of 7
VII. OPERATIONAL PLAN:
STEP TIME (S) DAY (S)
SITE OF OF
NUMBER SITE DESCRIPTION DAY WEEK
a CITY WIDE DAYLIGHT MtS 7 DAYS/D&
I_
rev 5/92
page 4 of 7
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ATTACHMENT B
Rev 5/92
APPROVED PROJECT BUDGET
TRAFFIC ENFORCEMENT PROGRAM (STEP)
OCCUPANT PROTECTION
CITY OF DEMN
LABOR a TPACT a
(100) A. Enforcement (OVERTIME)
1. Traffic Officers: 924 hours @ 21 00 per hour = $19,404 00
2. Sergeants: 256 hours @ 24 50 per hour = $ 6,272 00
3. Lieutenants: hours @ per hour = $ -0-
(100) B. Staff and Supervisory Support
1. Project Director 124 hours @ 30 00 per hour = $_3.1720 00
2. Typist/Data Entry 49 hours @ 14.00 per hour = $ 686.00
Subtotal = $ 30,082 00
(300) C. Travel and Per Diem (State Rates)
1. Travel for contractor personnel to attend meetings
called by the Department $ 480 00
TOTAL LABOR $ 30,562 00
OTHER DIRECT COSTS
(700) A. K eace (actual cost
not to exceed state
rate) 7,752 miles @ •25 per mile $ 1,938 00
(700) B. Mlic Information and Education Materials -0-
(5% or less of contract amount). $
TOTAL OTHER DIRECT COSTS = $ 1,938.00
TOTAL CONTRACT COST = $ 32,500 00
00
FEDERAL 402 FUNDS (100$) _ $_32j 500
LOCAL FUNDS f %I = $ -0-
page 1 of 1
TxDOT Misc Con No 583xxF6032
Charge No (93) 04-02-B1-BK
VID No 17560005146000
AMENDMENT NO 1 TO GRANT AGREEMENT
THE STATE OF TEXAS
THE COUNTY OF TRAVIS
THIS AMENDMENT IS MADE BY and between the State of Texas, acting by
and through the Texas Department of Transportation, hereinafter
called the Department, and the CITY OF DENTON , hereinafter
called the Subgrantee, and becomes effective when fully executed by
both parties
The Department and the Subgrantee executed a grant on October 1.
1992 to conduct a traffic safety project generally described as
Occupapt Protection STEP, and,
Article 1 of the grant specifies that the grant completion date is
September 30, 1993, unless the grant is terminated or otherwise
modified, and,
Article 3 establishes the maximum amount payable under the grant is
$18.750.00 unless modified in writing through an amendment to the
grant, and,
Attachment A, Article III Objectives, B, needs to be revised to
change the percentage of occupant protection citations issued due
to a typographical error, and,
NOW, THEREFORE, premises considered, the Department and the
Subgrantee agree that the grant is amended as follows
A G R E E M E N T
I Attachment A, Objectives, B, is revised as attached
2/93
Page 1 of 2
THE TEXAS TRAFFIC SAFETY PROGRAM
AMENDMENT TO CONTRACT
Misc Con No 583xxF6032
All other provisions remain in full force and effect, unchanged by
this amendment
IN WITNESS WHEREOF, THE parties to this amendment have signed
duplicate counterparts
THE
CITY OF DENTON
[Legal Name of Subgrantee]
U
Datev 3 - /j -
2/93
THE STATE OF TEXAS
Executed for the Executive Director
and approved for the Texas
Transportation Commission under the
huthority 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 by
the Texas Transportation Commission
under authority of Minute Order
No 100002
By
Traffic Operations Engineer
Texas Department of Transportation
Page 2 of 2
Under authority of Ordinance
pry RetQ1uGion=r5 ~
B To increase the total number of occupant protection
citations issued by 1 a 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
IV
RESPONSIBILITIES OF THE.SUBGRANTE
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
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
E For out of state travel expenses to be reimbursable,
the Subgrantee must have obtained the approval of the
Department prior to the beginning of the trip A copy
of the documentation of that approval must accompany
the Request for Reimbursement Grant approval does not
satisfy this requirement
F Maintain verification that wages or salaries for which
reimbursement is requested is for work exclusively
related to this project
G In addition to STEP enforcement activities, maintain
non-STEP occupant protection enforcement citations at
not less than the level attained prior to grant
approval
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