HomeMy WebLinkAboutContract 26302 CONTRACT O Y 6
®Federal Pecs Through Misc. Contract 58/x x F& 39
Grant Funds CFDA#20.60_ Charge Numbertoi)oi-oa-81-BY-
0
8Kp State Grant Funds PIN 17560005286001
TEXAS HIGHWAY TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
THE STATE OF TEXAS #"
THE COUNTY OF TRAVIS ##
THIS AGREEMENT IS MADE BY and between the State of Texas,acting by and through the Texas Department
of Transportation,hereinafter called the Department,and The City of Fort Worth,hereinafter called the
Subgrantee,and becomes effective when fully executed by both parties. For the purpose of this agreement,the
Subgrantee is designated as a(n)local government
AUTHORITY: Texas Transportation Code,Chapter 723,the Traffic Safety Act of 1967,and the Highway Safety
Plan for the following Fiscal Year(s)2001.
WITNESSETH
Project Title: ITC STEP
Brief Project Description: To conduct additional intersection enforcement
AGREEMENT
Grant Period:The Grant becomes effective on 10/01/00,or on the date of final signature,whichever is later,and
ends on 09/30/01.
Maximum Amount Eligible for Reimbursement: $58,011.00. Cost incurred after the end of a fiscal year cannot
be reimbursed without prior written approval from the Department. (See also Article 3,Limitation of Liability,
in the Standard Provisions.
From Fund Source: 157a
Project Year. 2 Estimated Budget:
Federal State Local
Labor $ 51,186.00 0.00 17,062.00
Other Direct Cost 6,825.00 0.00 2,275.00
Indirect/F&A Cost 0.00 0.00 0.00
TOTAL $ 58,011.00 0.00 19,337.00
Project Year: Estimated Budget:
Federal State Local
Labor $
Other Direct Cost
Indirect/F&A Cost
TOTAL $
Project Year. Estimated Budget:
Federal State Local
Labor $
Other Direct Cost
Indirect/F&A Cost
TOTAL $
In addition to the Standard Provisions of the Agreement that follow,the following attachments are incorporated
as indicated as a part of the Grant Agreement:
® Attachment A,Approved Project Description OFFICIAL
RECORD
Attachment B,Approved Project Budget
® Attachment C, Standard Assurances r iff OEM
® Attachment D,Debarment Certification
❑ Attachment E,Lobbying Certification(required if amount payable is$ °
❑ Attachment F,Child Support Statement
Page I of 10 8100
TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
IN WITNESS WHEREOF,THE PARTIES HAVE EXECUTED DUPLICATE COUNTERPARTS TO
EFFECTUATE THIS AGREEMENT.
THE SUBGRANTEE THE STATE OF TEXAS
Executed by and approved for the Texas
Transportation Commission for the purpose and effect
City of Fort Worth of activating and/or carrying out orders,established
[Le Name of Agency] policies or work programs approved and authorized by
the Texas Transportation Commission.
By
[AuthohlWd Signature] B3'
District Engineer
Libby Watson, Assistant City Man a ger Texas Department of Transportation
[Name and Title]
Date
Date d�
A ST: Director,Traffic Operations Division
Date
[s' ] /o- -00
Gloria Pearson, City Secretary
[Name and Title]
Under authority of Ordinance or Resolution
Number(for local governments):
13904,13905
Contract authorization: C-17598 8/17/99
Mailing Addresses
For the purpose of this agreement,the following addresses shall be used to mail all required notices,reports,
claims,and correspondence. (NOTE:For warrants,the address indicated by the mail code,last three digits of
the PIN on page 1,shall be used. If that address is not appropriate for warrants,please change the mail
code accordingly and notify TaDOT of any changes.):
For the Subgrantee: For the Texas Department of Transportation:
Fort Worth Police Department Jackie Carter,Program Administrator
1100 Nashville Street Post Office Box 6868
Fort Worth,Texas 76105 Fort Worth,Texas 76115
(817)871-7135 (817)871-7118 (817)370-6618 (817)370-6707 Fax
Page 2 of 10 8100
TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
STANDARD PROVISIONS
ARTICLE 1. RESPONSIBILITIES OF THE PARTIES
The Subgrantee shall undertake and complete the project as described in Attachment A, Approved Project
Description, and in accordance with all terms and conditions included hereinafter. The Department shall provide
assistance as appropriate and as specified in said Attachment A.
ARTICLE 2. COMPENSATION
A. The method of payment for this agreement will be based on actual costs incurred up to and not to exceed the
limits specified in Attachment B. Approved Project Budget. The amount included in the project budget will
be deemed to be an estimate only and a higher amount can be reimbursed, subject to the conditions specified
in paragraph B hereunder. If Attachment B. Approved Project Budget, specifies that costs are based on a
specific rate,per-unit cost,or other method of payment, reimbursement will be based on the specified method.
B. All payments made hereunder will be made in accordance with Attachment B, Approved Project Budget. The
Subgrantee's expenditures may not exceed any budget category in the Approved Project Budget by an amount
greater than 5%of the total reimbursable amount of the budget without a written agreement amendment.
However,the Subgrantee must provide written notification to the Department of a change of 5%or less,prior
to payment of the Request For Reimbursement that includes the change, indicating the amount and percent
change and the reason(s)for it. The maximum amount payable shall not be increased as a result of exceeding
a budget category without a written grant amendment.
C. To be eligible for reimbursement under this agreement,a cost must be incurred in accordance with
Attachment B, Approved Project Budget,within the time frame specified in Grant Period on page 1.
D. Payment of costs incurred under this agreement is further governed by one of the following cost principles,as
appropriate, outlined in the Federal Office of Management and Budget(OMB)Circulars:
• A-21, Cost Principles for Educational Institutions:
• A-87, Cost Principles for State and Local Governments;or,
• A-122, Cost Principles for Nonprofit Organizations.
E. The Subgrantee agrees to submit monthly or quarterly requests for reimbursement, as designated in
Attachment A,within 30 days after the end of the billing period. The Subgrantee will use billing statements
acceptable to the Department. The original billing statement and one copy is to be submitted to the address
shown on page 2 of this agreement.
F. The Subgrantee agrees to submit the final request for payment under this agreement within sixty(60)days of
the end of the grant period.
G. The Department will exercise all good faith to make payments within thirty days of receipt of properly
prepared and documented requests for payment. Payments, however, are contingent upon the availability of
appropriated funds.
H. Project agreements supported with federal funds are limited to the length of the agreement period and usually
do not receive extended funding beyond three years. If both the Department and the Subgrantee agree that
the project has demonstrated merit or has potential long-range benefits,the Subgrantee may apply for funding
assistance beyond the three year limit. To be eligible, the Subgrantee must have a cost assumption plan by
the end of the first twelve months. This plan will include a schedule for phasing in funding from its own
resources and the phasing out of funding support from the Department. All plans must be approved by the
Department before any extension beyond the three year limit will be granted. Preference will be given to
those projects for which the Subgrantee has assumed some cost sharing by the end of the first twelve months,
and to those which propose to assume the largest percentage of subsequent project costs.
Certain categories of funds may be exempted by the federal government from the time limit requirement.
Unless exempted, all federally-funded agreements are considered to be subject to the time limit provision.
Funding support for all state-funded projects will be limited to the term of the agreement. Any extension
beyond that time will be negotiated on a case-by-case basis.
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TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
ARTICLE 3. LIMITATION OF LIABILITY
Because funds are authorized on a fiscal year basis only,payment of costs incurred hereunder is contingent upon
the availability of funds.
If at any time during the agreement period the Department determines that there is insufficient funding to continue
the project,the Department shall so notify the Subgrantee,giving notice of intent to terminate the agreement.
Such termination will be conducted in such a manner that will minimize disruption to the Subgrantee and the
Department,and as further specified in General Provision G9,Termination.
The Subgrantee, if other than a State agency, shall be responsible for settlement of any and all claims and lawsuits
by third parties arising from or incident to the Department's non-payment of the Subgrantee's claim under this
agreement. The Subgrantee expressly acknowledges that its responsibility includes the payment of all damages,
expenses,penalties,fines, costs, charges, and attorney fees, if the claims or lawsuits are based upon the
Department's non-payment of claims submitted under this agreement. The Subgrantee shall defend any suits
brought upon all such claims and lawsuits and pay all costs and expenses incidental thereto,but the Department
shall have the right at its option to participate in the defense of any suit,without relieving the Subgrantee of any
obligation hereunder.
ARTICLE 4. AGREEMENT AMENDMENTS
If at any time during the agreement period the Department determines that additional funds are needed to continue
the project and the maximum amount payable is insufficient, a written amendment is to be executed to authorize
additional funds, if the Department and the Subgrantee determine to continue project funding.
Additionally,any changes in the agreement period, agreement terms or responsibilities or the parties hereto shall
be enacted by written amendment executed by both parties.
The amendment shall be agreed upon by the parties to this agreement and shall state the change to the mutual
satisfaction of the parties. In no event will the agreement period be extended unless a written amendment is
executed before the completion date specified in Article 1.
ARTICLE 5. ADDITIONAL WORK
If the Subgrantee is of the opinion that any work it has been directed to perform is beyond the scope of this
agreement and constitutes additional work,the Subgrantee shall promptly notify the Department in writing. In the
event that the Department finds that such work does constitute additional work,the Department shall so advise the
Subgrantee and provide compensation for doing this work on the same basis as the original work. If the
compensation for the additional work will cause the maximum amount payable to be exceeded, a written
amendment will be executed. Any amendment so executed must be approved within the agreement period
specified on the cover page to this Grant.
ARTICLE 6. CHANGES IN WORK
When the approved project description requires a completed work product,the Department will review the work as
specified in the approved project description. If the Department finds it necessary to request changes in previously
satisfactorily completed work or parts thereof,the Subgrantee will make such revisions as requested and directed
by the Department. Such work will be considered as additional work and subject to the requirements established in
Article 5.
If the Department finds it necessary to require the Subgrantee to revise completed work to correct errors appearing
therein,the Subgrantee shall make such corrections and no compensation will be paid for the corrections.
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TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
ARTICLE 7. GENERAL TERMS AND CONDITIONS
G1. Indemnification
To the extent permitted by law,the Subgrantee, if other than a State agency, shall save harmless the Department
from all claims and liability due to the acts or omissions of the Subgrantee, its agents or employees. The
Subgrantee also agrees to save harmless the Department from any and all expenses, including attorney fees,all
court costs and awards for damages, incurred by the Department in litigation or otherwise resisting such claims or
liabilities as a result of any activities of the Subgrantee, its agents or employees.
Further,to the extent permitted by law,the Subgrantee, if other than a State agency, agrees to protect, indemnify,
and save harmless the Department from and against all claims,demands and causes of action of every kind and
character brought by any employee of the Subgrantee against the Department due to personal injuries and/or death
to such employee resulting from any alleged negligent act,by either commission or omission on the part of the
Subgrantee or the Department.
G2. Inspection of Work
The Department and,when federal funds are involved,the U. S. Department of Transportation,and any authorized
representative thereof,have the right at all reasonable times to inspect or otherwise evaluate the work performed or
being performed hereunder and the premises in which it is being performed.
If any inspection or evaluation is made on the premises of the Subgrantee or a subcontractor,the Subgrantee shall
provide and require the subcontractor to provide all reasonable facilities and assistance for the safety and
convenience of the inspectors in the performance of their duties. All inspections and evaluations shall be
performed in such a manner as will not unduly delay the work.
G3. Disputes and Remedies
The Subgrantee shall be responsible for the settlement of all contractual and administrative issues arising out of
procurement entered in support of agreement work.
Disputes concerning performance or payment shall be submitted to the Department for settlement with the
Executive Director acting as referee.
This agreement shall not be considered as specifying the exclusive remedy for any dispute or violation or breach of
agreement terms,but all remedies existing at law and in equity may be availed of by either party and shall be
cumulative.
G4. Noncollusion
The Subgrantee warrants that it has not employed or retained any company or person, other than a bona fide
employee working for it,to solicit or secure this agreement,and that it has not paid or agreed to pay any company
or person,other than a bona fide employee,any fee,commission,percentage,brokerage fee,gift,or any other
consideration contingent upon or resulting from the award or making of this agreement. If the Subgrantee
breaches or violates this warranty,the Department shall have the right to annul this agreement without liability or,
in its discretion,to deduct from the agreement price or consideration,or otherwise recover the full amount of such
fee,commission,brokerage fee, gift,or contingent fee.
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TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
G5. Reporting
Not later than thirty days after the end of each reporting period,as designated in Attachment A, the Subgrantee
shall submit a performance report using forms provided or approved by the Department. The performance report
will include as a minimum(1)a comparison of actual accomplishments to the objectives established for the period
(2)reasons why established objectives were not met, if appropriate,and(3)other pertinent information including,
when appropriate,analysis and explanation of cost overruns or high unit costs.
The Subgrantee shall submit the final performance report within 30 days after completion of the grant.
The Subgrantee shall promptly advise the Department in writing of events which have a significant impact upon
the agreement, including:
1. Problems,delays,or adverse conditions which will materially affect the ability to attain program objectives,
prevent the meeting of time schedules and objectives,or preclude the attainment of project work units by
established time periods. This disclosure shall be accompanied by a statement of the action taken or
contemplated and any Department or Federal assistance needed to resolve the situation.
2. Favorable developments or events that enable meeting time schedules and objectives sooner than anticipated
or producing more work units than originally projected.
G6. Records
The Subgrantee agrees to maintain all books,documents,papers, accounting records,and other evidence
pertaining to costs incurred and work performed hereunder, said books, documents,papers,accounting records,
and other evidence pertaining to costs incurred and work performed hereinafter called the records, and shall make
such records available at its office at all reasonable times for the time period authorized in Article 1, Contract
Period. The Subgrantee further agrees to retain said records for four years from the date of final payment of
contract costs incurred hereunder.
Duly authorized representatives of the Texas State Auditor, the Texas Department of Transportation,the United
States Department of Transportation, and the Office of the Inspector General shall have access to the records at
reasonable times during the period of the agreement and the four years retention period for the purpose of making
audits,excerpts,transcriptions, and other examinations. This right of access is not limited to the four year period
but shall last as long as the records are retained. If any litigation,claim, negotiation, audit or other action
involving the records has been started before the expiration of the four year retention period, the subgrantee shall
retain the records until completion of the action and resolution of all issues which arise from it.
G7. Audit
The Subgrantee shall comply with the requirements of the Single Audit Act of 1984,Public Law(PL)98-502,
ensuring that the single audit report includes the coverage stipulated in OMB Circular A-133, "Audits of States,
Local Governments,and Other Non-Profit Organizations."
G8. Subcontracts
Any subcontract rendered by individuals or organizations not a part of the Subgrantee's organization shall not be
executed without prior authorization and approval of the subcontract by the Department.
Subcontracts in excess of$25,000 shall contain all required provisions of this agreement. No subcontract will
relieve the Subgrantee of its responsibility under this agreement.
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TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
G9. Termination
The Department may terminate this agreement at any time before the date of completion whenever it is determined
that the Subgrantee has failed to comply with the conditions of the agreement. The Department shall give written
notice to the Subgrantee at least seven days prior to the effective date of termination and specify the effective date
of termination and the reason for termination.
If both parties to this agreement agree that the continuation of the agreement would not produce beneficial
results commensurate with the further expenditure of funds, the parties shall agree upon the termination
conditions,including the effective date and the portion to be terminated.
Upon termination of this agreement, whether for cause or at the convenience of the parties hereto,all finished or
unfinished documents, data, studies, surveys, reports, maps,drawings, models,photographs, etc. prepared by the
Subgrantee shall,at the option of the Department,become the property of the Department.
The Department shall compensate the Subgrantee for those eligible expenses incurred during the agreement period
which are directly attributable to the completed portion of the work covered by this agreement,provided that the
work has been completed in a manner satisfactory and acceptable to the Department. The Subgrantee shall not
incur new obligations for the terminated portion after the effective date of termination.
Except with respect to defaults of subcontractors,the Subgrantee shall not be in default by reason of any failure in
performance of this agreement in accordance with its terms(including any failure by the Subgrantee to progress in
the performance of the work)if such failure arises out of causes beyond the control and without the default or
negligence of the Subgrantee. Such causes may include but are not limited to acts of God or of the public enemy,
acts of the Government in either its sovereign or contractual capacity, fires, floods,epidemics, quarantine
restrictions, strikes, freight embargoes, and unusually severe weather. In every case, however,the failure to
perform must be beyond the control and without the fault or negligence of the Subgrantee.
G10. Gratuities
Texas Transportation Commission policy mandates that employees of the Department shall not accept any benefits,
gifts or favors from any person doing business with or who reasonably speaking may do business with the
Department under this agreement. The only exceptions allowed are ordinary business lunches and items that have
received the advanced written approval of the Department's Executive Director.
Any person doing business with or who reasonably speaking may do business with the Department under this
agreement may not make any offer of benefits,gifts or favors to Department employees,except as mentioned
hereabove. Failure on the part of the Subgrantee to adhere to this policy may result in termination of this
agreement.
G11. Compliance With Laws
The Subgrantee shall comply with all Federal, State and local laws, statutes,ordinances, rules and regulations,and
the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance
of this agreement, including, without limitation, workers'compensation laws, minimum and maximum salary and
wage statutes and regulations,and licensing laws and regulations. When required, the Subgrantee shall furnish the
Department with satisfactory proof of its compliance therewith.
G12. Successors and Assigns
The Department and the Subgrantee each binds itself, its successors,executors, assigns and administrators to the
other party to this agreement and to the successors,executors,assigns and administrators of such other party in
respect to all covenants of this agreement. The Subgrantee shall not assign, sublet, or transfer interest and
obligations in this agreement without written consent of the Department.
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TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
G13. Ownership of Documents
Upon completion or termination of this agreement all documents prepared by the Subgrantee or furnished to the
Subgrantee by the Department shall be delivered to and become the property of the Department. All sketches,
photographs, calculations, and other data prepared under this agreement shall be made available, upon request,to
the Department without restriction or limitation of their further use.
G14. Resources
The Subgrantee warrants that it presently has adequate qualified personnel in its employment to perform the work
required under this agreement, or will be able to obtain such personnel from sources other than the Department.
Unless otherwise specified,the Subgrantee shall furnish all equipment, materials, and supplies required to perform
the work authorized herein.
All employees of the Subgrantee shall have such knowledge and experience as will enable them to perform the
duties assigned to them. Any employee of the Subgrantee who, in the opinion of the Department, is incompetent,
or whose conduct becomes detrimental to the work, shall immediately be removed from association with the
project.
G15. Property Management
The Subgrantee shall establish and administer a system to control,protect,preserve,use, maintain, and dispose of
any property furnished to it by the Department or purchased pursuant to this agreement in accordance with its own
property management procedures,provided that the procedures are not in conflict with the Department's property
management procedures or property management standards, as appropriate, in:
• 49 CFR 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and
Local Governments,"or,
• OMB Circular A-110, "Uniform Requirements for Grants to Universities,Hospitals, and Other Nonprofit
Organizations."
G16. Procurement Standards
The Subgrantee shall maintain procurement standards which meet or exceed the requirements, as appropriate,of:
• 49 CFR 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and
Local Governments," or,
• OMB Circular A-110, "Uniform Requirements for Grants to Universities, Hospitals, and Other Nonprofit
Organizations."
G17. Insurance
When directed by the Department,the Subgrantee, if other than a State agency, shall provide or shall require its
subcontractors to secure a policy of insurance in the maximum statutory limits for tort liability, naming the
Department as an additional insured under its terms. When so directed,the Subgrantee shall provide or shall
require its subcontractor to furnish proof of insurance on TxDOT Form 20.102 (12/91)to the Department,and
shall maintain the insurance during the grant period established in Article 1.
G18. Equal Employment Opportunity
The Subgrantee agrees to comply with Executive Order 11246 entitled"Equal Employment Opportunity"as
amended by Executive Order 11375 and as supplemented in Department of Labor Regulations(41 CFR 60).
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TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
G19. Nondiscrimination
During the performance of this agreement, the Subgrantee, its assigns and successors in interest,agrees as follows:
1. Compliance with Regulations: The Subgrantee shall comply with the regulations relative to nondiscrimination
in federally assisted programs of the U.S. Department of Transportation,Title 49, Code of Federal Regulations,
Part 21 and Title 23 , Code of Federal Regulations, Part 710.405(b), as they may be amended from time to time
(hereinafter referred to as the Regulations),which are herein incorporated by reference and made a part of this
agreement.
2. Nondiscrimination: The Subgrantee,with regard to the work performed by it during the agreement, shall not
discriminate on the grounds of race,color, sex, or national origin in the selection and retention of subcontractors,
including procurement of materials and leases of equipment. The Subgrantee shall not participate either directly or
indirectly in the discrimination prohibited by Section 21.5 and Part 710.405(b)of the Regulations, including
employment practices when the agreement covers a program set forth in Appendix B of the Regulations.
3. Solicitations for Subcontracts,Including Procurement of Materials and Equipment: In all solicitations
either by competitive bidding or negotiation made by the Subgrantee for work to be performed under a subcontract,
including procurement of materials or leases of equipment,each potential subcontractor or supplier shall be
notified by the Subgrantee of the Subgrantee's obligations under this agreement and the Regulations relative to
nondiscrimination on the grounds of race,color, sex,or national origin.
4. Information and Reports: The Subgrantee shall provide all information and reports required by the
Regulations,or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other
sources of information and its facilities as may be determined by the Department or the U.S. Department of
Transportation to be pertinent to ascertain compliance with such Regulations or directives. Where any information
required of the Subgrantee is in the exclusive possession of another who fails or refuses to furnish this information,
the Subgrantee shall so certify to the Department or the U.S. Department of Transportation as appropriate,and
shall set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of the Subgrantee's noncompliance with the nondiscrimination
provisions of this agreement, the Department shall impose such sanctions as it or the U.S. Department of
Transportation may determine to be appropriate, including but not limited to:
• withholding of payments to the Subgrantee under the agreement until the Subgrantee complies,and/or
• cancellation.termination,or suspension of the agreement in whole or in part
6. Incorporation of Provisions: The Subgrantee shall include the provisions of paragraphs 1 through 5 in every
subcontract, including procurement of materials and leases of equipment,unless exempt by the Regulations or
directives issued pursuant thereto. The Subgrantee shall take such action with respect to any subcontract or
procurement as the Department may direct as a means of enforcing such provisions including sanctions for
noncompliance; provided, however,that in the event a Subgrantee becomes involved in,or is threatened with
litigation with a subcontractor or supplier as a result of such direction,the Subgrantee may request the Department
to enter into such litigation to protect the interests of the Department; in addition,the Subgrantee may request the
United States to enter into such litigation to protect the interests of the United States.
G20. Disadvantaged Business Enterprise
It is the policy of the U.S. Department of Transportation that Disadvantaged Business Enterprises as defined in 49
CFR Part 26, shall have the opportunity to participate in the performance of contracts financed in whole or in part
with Federal funds. Consequently the Disadvantaged Business Enterprise requirements of 49 CFR Part 26, apply
to this agreement as follows:
• The Subgrantee agrees to insure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, have
the opportunity in the performance of contracts and subcontracts financed in whole or in part with Federal
funds. In this regard,the Subgrantee shall make good faith efforts in accordance with 49 CFR Par 26,to
insure that Disadvantaged Business Enterprises have the opportunity to compete for and perform contracts
and subcontracts.
• The Subgrantee and any subcontractor shall not discriminate on the basis of race, color, national origin,or
gender in the award and performance of contracts funded in whole or in part with Federal funds.
These requirements shall be physically included in any subcontract.
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TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
Failure to carry out the requirements set forth above shall constitute a breach of this agreement and, after the
notification of the Department, may result in termination of the agreement by the Department or other such remedy
as the Department deems appropriate.
G21. Debarment/Suspension
The Subgrantee is prohibited from making any award or permitting any award at any tier to any party which is
debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs
under Executive Order 12549. Debarment and Suspension.
The Subgrantee shall require any party to a subcontract or purchase order awarded under this agreement to certify
its eligibility to receive federal grant funds,and,when requested by the Department,to furnish a copy of the
certification.
G22. Signatory Warranty
The signatory for the Subgrantee hereby represents and warrants that she/he is an officer of the organization for
which she/he has executed this agreement and that she/he has full and complete authority to enter into this
agreement on behalf of the organization. At the time the signatory for the Subgrantee signs the grant agreement,
or within thirty days, he/she will sign a letter designating signature authority by position title for grant-related
documents other than the grant agreement or grant agreement amendments. These other grant-related documents
will include,but not be limited to, the following: cost assumption plan,application for project extension,
administrative evaluation report, requests for reimbursement(RFR),and routine correspondence.
G23. Assurances and Certification
The Subgrantee attests that the assurances included in Attachment C of this agreement and the certification
included in Attachment D of this agreement are accurate and current.
G24. Intellectual Property
Intellectual property consists of copyrights,patents,and any other form of intellectual property rights covering any
data bases, software, inventions,training manuals, systems design,or other proprietary information in any form or
medium.
Copyrights:TxDOT, the [other party to the contract],and the federal government reserve a royalty-free,
nonexclusive, and irrevocable license to reproduce,publish,or otherwise use and to authorize others to use for
government purposes:
• the copyright in any works developed under this agreement or under a subgrant or contract under this
agreement; and,
• any rights of copyright to which the [other party to the contract], its subgrantee,or contractor purchases
ownership of with financial assistance hereunder.
Patents:Rights to inventions made under this agreement shall be determined in accordance with 37 CFR 401. The
standard patent rights clause at 37 CFR§401.14 as modified below is hereby incorporated by reference:
• the terms"to be performed by a small business firm or domestic nonprofit organization' shall be deleted from
paragraph(g)(1)or the clause:
• Paragraphs(g)(2)and(g)(3)of the clause shall be deleted; and
• Paragraph(I)of the clause entitled"Communications," shall read as follows: "(1)Communications. All
notifications required by this clause shall be submitted to TxDOT."
If the grant results in the development of any intellectual property as defined in Transportation Code, Section
201.2051,the Department and the Subgrantee shall jointly own all the rights,title,and interests in and to all data
and other information developed under the grant. Each agency may license, reproduce,publish, modify,or
otherwise use and authorize others to use the copyright in any work developed under this grant. All such
documents will contain a copyright mark acknowledging this joint ownership. There will not be a charge to either
agency for such use.
Page 10 o f 10 8/00
ATTACHMENT A
APPROVED PROJECT DESCRIPTION
INTERSECTION TRAFFIC CONTROL (ITC)
SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP)
City of Fort worth
(Name of Subgrantee)
I. PROBLEM IDENTIFICATION:
The City of Fort Worth has approximately 475 signalized intersections.
82.6% of the intersection related crashes resulted in some type of
injury to driver, pedestrians and passengers.
II. OBJECTIVE/PERFORMANCE GOALS:
Objective:
To conduct an Intersection Traffic Control (ITC) STEP in Fort Worth by
September 30, 2001.
Performance Goals:
A. To reduce the number of crashes occurring at intersections by 5 % from the
baseline year (12 months: October 1997 through September 1998) total number of
7,337 intersection crashes to 6,970 intersection crashes by September 30, 2001.
B. To increase the total number of citations at intersection by at least 136.75% from
the baseline year (12 months: October 1997 through September 1998) total
number of 4,224 citations to 10,000 citations by September 30, 2001.
C. To increase driver awareness of the various traffic violations that are contributing
factors to intersection crashes through vigorous traffic enforcement activities,
media promotions, and officer presentations by September 30, 2001.
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.
III. PERFORMANCE INDICATORS
The following performance indicators shall be included in the Performance Reports,
Annex Reports, and summarized in the Administrative Evaluation of this Grant.
A. Number and type of citations/arrests issued under STEP.
B. Points per hour for STEP Enforcement - point assignments for arrests/citations
elements issued under STEP Grant Agreement:
ITC 8/00 - 1 -
Goal Elements* Points Assigned
ITC 2
Other Elements** Points Assigned
Citations 1
Arrests 6
"Goal Elements—enforcement activities defined by performance goals and accomplished during STEP.
"Other Elements—enforcement activities not defined by performance goals but accomplished during
STEP.
C. Subgrantee total number and type of citations/arrests including STEP.
D. Number of STEP enforcement hours worked.
E. Maintenance of non-STEP activity.
F. Number of ITC related crashes.
G. Number of presentations conducted in support of this grant.
H. Number of persons attending presentations.
I. Number of media exposures (i.e., news releases and interviews).
J. Number of community events in which STEP officers participated (i.e., health or
safety fairs, booths).
K. Number of public information and education materials produced.
L. Number of public information and education materials distributed (by item).
IV. RESPONSIBILITIES OF THE SUBGRANTEE:
A. Carry out the objective/performance goals of this grant by implementing the
Action Plan in this attachment.
B. Prior to enforcement activity, develop an Operational Plan according to the
Department's site selection criteria, and submit for approval either as an
attachment to this grant or within 30 days of grant start. The Operational Plan
will include: STEP Site; Site description; and enforcement period.
C. Implement the Operational Plan as approved. (Please check appropriate box
below)
❑ The operational plan is approved as part of the grant agreement.
® The operational plan will be submitted for approval within 30 days of grant
ITC 8/00 -2 -
approval. No enforcement activity can begin until the operational plan is
approved.
Changes to the operational plan may be made by mutual written agreement
and signed by authorized representatives of both the Subgrantee and the
Department.
D. All newly developed public information and education (PI&E) materials must be
submitted to the Department for written approval prior to final production.
E. An Administrative Evaluation summarizing all activities and accomplishments
will be submitted on Department approved forms no later than 45 days after the
grant ending date.
F. Attend meetings according to the following-
1.
ollowing:1. The Subgrantee will arrange for meetings with the Department as
indicated in the Action Plan to present status of activities, discuss
problems and schedule for the following quarter's work.
2. The project coordinator or other qualified person will be available to
represent the Subgrantee at meetings requested by the Department.
G. For out-of-state travel expenses to be reimbursable, the Subgrantee must have
obtained the approval of the Department prior to the beginning of the trip.
Grant approval does not satisfy this requirement.
H. Maintain verification that wages or salaries for which reimbursement is
requested is for work exclusively related to this project.
I. In addition to ITC STEP enforcement activities, maintain the agency's total non-
STEP enforcement citations/arrests at no less than the level attained prior to
grant approval.
J. Ensure that the enforcement hours worked under the grant are for STEP
activities.
K. Ensure that each officer working on the STEP project will complete an officer's
daily report form. The form should include: name, date, badge/identification
number, type grant worked, grant site number, mileage if applicable (including
starting and ending mileage), hours worked, type citation/arrest, officer and
supervisor signatures.
L. Ensure that no officer above the rank of Lieutenant (or equivalent title) will be
reimbursed for enforcement duty.
ITC 8/00 -3 -
M. Support grant enforcement efforts with public information and education (PI&E).
Enforcement salaries being claimed for PI&E activities must be included in the
budget.
N. Subgrantees with a Traffic Division will utilize traffic personnel for this grant
unless such personnel are unavailable for assignment.
O. Ensure that salaries for employees reimbursed under this grant will in no way
supplant (i.e., replace state or local expenditures with the use of federal grant
funds) Subgrantee wages for activities which are already supported by local or
state funds.
P. Subgrantee may work additional STEP enforcement hours on holidays or
special events not covered under the Operational Plan. However, additional
hours must be reported in the Project Performance Report that covers the time
period for which the additional hours were worked.
Q. If an officer makes a STEP-related arrest during the shift, but does not
complete the arrest before the shift is scheduled to end, the officer can
continue working under the grant to complete that arrest.
R. The Subgrantee should have a safety belt use policy. If the Subgrantee
does not have a safety belt use policy in place, a policy should be
implemented during the grant year.
V. RESPONSIBILITIES OF THE DEPARTMENT:
A. Monitor the Subgrantee's compliance with performance obligations and fiscal
requirements of this grant.
B. Provide program management, technical assistance, and attend meetings as
appropriate.
C. Reimburse the Subgrantee for all eligible costs as defined in Attachment B,
Approved Project Budget. Requests for Reimbursement will be processed up
to the maximum amount payable as indicated on the cover page of this
agreement.
B. Perform an administrative review of the project at the close of the grant period to
include a review of adherence to budget, Action Plan and attainment of
objective/performance goals.
ITC 8/00 -4-
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ATTACHMENT B
PROJECT BUDGET FY 2001
Intersection Traffic Control STEP
(title of Project)
City of Fort Worth
(Name of Subgrantee)
(Round figures to nearest$)
Federal Local/State
Funds Funds TOTAL
BUDGET CATEGORY i -LABOR COSTS
(100) Salaries
Hourly wage rates are estimated for budget purposes
only. Reimbursements will be based on actual
costs per employee in accordance with Sub-
grantee's payroll polic, and salary rate.
A. ENFORCEMENT (overtime)
1. Officers: 1,200 hours
t $30 per hour= 36,000.00 27,000.00 9,000.00 $36,000
2. Corporals: 350 hours
t $34 per hour= 11,900.00 8,925.00 2,975.00 $11,900
3. Sergeants: 300 hours
t $38 per hour= 11,400.00 8,550.00 2,850.00 $11,400
B. PI&E ACTIVITIES (overtime) 4,536.00 1,512.00 $6,048
[not to exceed 10% of(100) salaries]
168 hours @ $36 per hour= 6,048.00
C. OTHER $1,425 $475 $1,900
(i.e., overtime staff, supervisory support, conducting surveys, in-house instructors for OP violators
course: not to exceed 10% of total grant amount) Type, #hours, rate = 0
Project Director& Surveys 50 hrs $38.00/hr—$1,900.00
TOTAL SALARIES $50,436 $16,812 $67,248
(200) Fringe Benefits
A. Rate:_% (if not included in hourly rate) $0 $0 $0
B. Other salaries: 0 0 $0
TOTAL FRINGE BENEFITS $0 $0 $0
(300) Travel and Per Diem
Mileage (documentation of rate is required
prior to reimbursement), airfare, car rental,
per diem, etc. Reimbursements will be based
in accordance with Subgrantee's travel policy
not to exceed state rates.
TOTAL TRAVEL& PER DIEM $750 $250 $1,000
TOTAL LABOR COSTS $51,186 $17,062 $68,248
Enfbud 8/00
Page 1 of 2
Federal State/Local
Funds Funds TOTAL
BUDGET CATEGORY II -OTHER DIRECT COSTS:
(400) Equipment (specify type/quantity) $0 $0
(500) Supplies (postage, printing, & office supplies, etc.) $0 $0
(700) Other Miscellaneous (specify)
A. SUBGRANTEE VEHICLE MILEAGE $4,200 $1,400 $5,600
Rates used only for budget estimate. Reimbursement will be
made according to the approved Subgrantee's average cost per
mile to operate patrol vehicles, not to exceed the state rate.
Documentation of cost per mile is required prior to reimbursement.
For Match Only:
0 miles at $0 per mile = 0 $0 $0
B. REGISTRATION FEES (training, workshops, conferences, etc.) $0 $0 $0
C. PUBLIC INFORMATION AND EDUCATION (PI&E) MATERIALS
1. Educational items: $1,000
(examples: brochures, bumper stickers,
posters, flyers, etc.)
2. Promotional items $2,500
(examples: key chains, magnets,
pencils, pens, mugs, etc.)
TOTAL PI&E $2,625 $875 $3,500
TOTAL OTHER MISCELLANEOUS $6,825 $2,275 $9,100
TOTAL OTHER DIRECT COSTS $6,825 $2,275 $9,100
SUMMARY:
TOTAL LABOR COSTS $51,186 $17,062 $68,248
TOTAL OTHER DIRECT COSTS $6,825 $2,275 $9,100
GRAND TOTAL $58,011 $19,337 $77,348
Fund Sources:
Percent Share 75% 25%
BUDGET NARRATIVE: [Include in narrative form any needed explanations as to specifics on
travel (where to, what for, etc.), kinds of equipment, details on large dollar items and subcontracts, etc.]
Mileage 20,000 miles a@.28/mile=$5600.00
Enfbud 8/00
Page 2 of 2
po,,,,1854 Attachment C
9/94
STANDARD ASSURANCES
The Subgrantee hereby assures and certifies that it will comply with the regulations, policies,
guidelines, and requirements, including 49 CFR 18 and OMB Circular A-87, or OMB Circulars A-110
and A-21, or OMB Circulars A-110 and A-122, as they relate to the application, acceptance, and use
of federal or state funds for this project. Also, the Subgrantee assures and certifies to the grant that:
1. It possesses legal authority to apply for the grant; that a resolution, motion, or similar action has
been duly adopted or passed as an official act to the applicant's governing body, authorizing the
filing of the application, including all understandings and assurances contained therein, and
directing and authorizing the person identified as the official representative of the applicant to act
in connection with the application and to provide such additional information as may be required.
2. It will comply with Title VI of the Civil Rights Act of 1964 (Public Law 88-352) and in
accordance with Title VI of that Act, no person in the United States shall, on the grounds of race,
color, or national origin be excluded from participation in, be denied benefits of, or be otherwise
subjected to discrimination under any program or activity for which the applicant receives federal
financial assistance and will immediately take any measures necessary to effectuate this agreement.
3. It will comply with Title VI of Civil Rights Act of 1964 (42 USC 2000d) prohibiting employment
discrimination where (1) the primary purpose of a grant is to provide employment or (2)
discriminatory employment practices will result in unequal treatment of persons who are or should
be benefiting from the grant-sided activity.
4. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real
Property Acquisitions Act of 1970 (PL 91-646) which provides for fair and equitable treatment of
persons displaced as a result of federal and federally assisted programs.
5. It will comply with the provisions of the Hatch Act which limit the political activity of employees.
6. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor
Standards Act, as they apply to hospital and educational institution employees of State and local
governments.
7. It will establish safeguards to prohibit employees from using their positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves or others,
particularly those with whom they have family, business, or other ties.
8. It will give the sponsoring agency the access to and the right to examine all records, books,
papers, or documents related to the grant.
9. It will comply with all requirements imposed by the sponsoring agency concerning special
requirements of law„ program requirements, and other administrative requirements.
Page I of?
Standard Assurances Attachment C continued
TxDOT form 1854
9/94
10. It will insure that the facilities under its ownership, lease, supervision which shall be utilized in the
accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list
of Violating Facilities and that it will notify the federal grantor agency of the receipt of any
communication from the Director of the EPA Office of Federal Activities indicating that a facility
to be used in the project is under consideration for listing by the EPA.
11. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood
Disaster Protection Act of 1973, PL 93-234, 87 Stat. 975, approved December 31, 1976. Section
102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities
where such insurance is available as a condition for the receipt of any federal financial assistance
for construction or acquisition purposes for use in any area that has been identified by the
Secretary of the Department of Housing and Urban Development as an area having special flood
hazards. The phrase "federal financial assistance" includes any form of loan, grant, guaranty,
insurance payment, rebate, subsidy, disaster assistance loan or grant, or any form of direct or
indirect federal assistance
12. It will assist the grantor agency in its compliance with Section 106 of the National Historic
Preservation Act of 1%6 as amended (16 USC 470), Executive Order 11593, and the
Archeological and Historic Preservation Act of 1966 (16 USC 469a-1 et seq,) by (a) consulting
with the State Historic Preservation Officer to conduct the investigation, as necessary, to identify
properties listed in or eligible for inclusion in the National Register of Historic Places that are
subject to adverse effects (see 36 CFR 800.8) by the activity, and notifying the federal grantor
agency of the existence of any such properties, and by (b) complying with all requirements
established by the federal grantor agency to avoid or mitigate adverse effects upon such properties.
13. It will comply with Chapter 573 of the Texas Government Code by insuring that no officer,
employee, or member of the applicant's governing body of the applicants grant shall vote or
confirm the employment of any person related with in the second degree of affinity or third degree
by consanguinity to any member of the governing body or to any other officer employee
authorized to employ or supervise such person. This prohibition shall not prohibit the employment
of a person described in Section 573.062 of the Texas Government Code.
It will insure that all information collected, assembled, or maintained by the applicant relative to
this project shall be available to the public during normal business hours in compliance with
Chapter 552 of the Texas Government Code, unless otherwise expressly provided by law.
It will comply with Chapter 551 of the Texas Government Code, which requires all regular,
special, or called meetings of governmental bodies to be open to the public, except as otherwise
provided by law or specifically permitted in the Texas Constitution.
Page 2of2
F
ATTACHMENT D
r�
r irrgwr
Fort 1833
9/94 DEBARMENT CERTIFICATION
(1) The SUBGRANTEE certifies to the best of its knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible or
voluntarily excluded from covered transactions by any federal department or agency.
(b) Have not within a three-year period preceding this proposal been convicted of or had a
civil judgement rendered against them for commission of fraud or a criminal offenses in
connection with obtaining, attempting to obtain, or performing a federal, state, or local
public transaction or contract under a public transaction; violation of federal or state
antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property.
(c) Are not presently indicted for otherwise criminally or civilly charged by a federal, state, or
local governmental entity with commission of any of the offenses enumerated in paragraph
(1)(b) of this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more
federal, state, or local public transactions terminated for cause or default.
(2) Where the SUBGRANTEE is unable to certify to any of the statements in this certification, such
SUBGRANTEE shall attach an explanation to this certification.
Signature 4 Certifying Official
Libby Watson, Assistant City Manager
Title
L? 0d
D to
Page 1 of 1
City of Fort Worth, Texas
�1Lryagor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
8/17/99 **C-17598 351TC 1 of 3
SUBJECT INTERSECTION TRAFFIC CONTROL SELECTIVE TRAFFIC ENFORCEMENT
PROGRAM (ITC STEP)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to accept a contract with the Texas Department of Transportation
(TxDOT) to operate the Intersection Traffic Control Selective Traffic Enforcement Program (ITC
STEP) from October 1, 1999 through September 30, 2002, on an overtime basis in the amount of
$359,058 (State$242,901/City$116,157); and
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Special Trust Fund awarded assets by $116,157 from available funds; and
3. Authorize the transfer of$116,157 from the Special Trust Fund awarded assets to the Grants Fund
for the City's cash match; and
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund by$359,058 from available funds; and
5. Authorize the City Manager to waive the indirect cost in the amount of $65,235, since indirect costs
s• are not allowed by TxDOT.
DISCUSSION:
CTxDOT has agreed to provide funds for this new program for the next three years.
Currently, the City of Fort Worth has approximately 475 signalized intersections. During 1998, there
were 696 intersection-related crashes, 83% resulting in some type of injury. As Fort Worth continues to
grow, this problem will continue to increase at a dramatic rate. The purpose of this program is to
reduce the number of crashes occurring at Intersections, and to increase the number of citations
issued. In addition, this program will seek to increase driver awareness of the various traffic violations
which are contributing factors to intersection crashes through vigorous traffic enforcement activities,
media promotions and officer presentations. All equipment for this program will be provided from
existing resources, and the State will reimburse the City for overtime pay and mileage expenses.
i The funding period for this program will begin October 1. 1999 (or when all signatures are obtained on
the contracts)and end September 30, 2002.
The total contract cost of the ITC STEP is $359,058. TxDOT will provide funds in the amount of
$242,901, and the City will provide $116,157. The terms of the State contract do not allow for
reimbursement of the 11.46% retirement fringe benefit for the overtime personnel base salaries anrt
was not included in the contract total.
City of Fort Worth, Texas
i1 !javor and council Communication
DATE REFERENCE NUMBER LOG NAME =PAGE8/17/99 **C-17598 351 2 of 3
SUBJECT INTERSECTION TRAFFIC CONTROL SELECTIVE TRAFFIC ENFORCEMENT
PROGRAM (ITC STEP)
It is understood that funding for Fiscal Years 2001 and 2002 are subject to available funds for those
fiscal years, and will not be appropriated until FY 2001 and 2002.
For Fiscal Year 2000 (October 1, 1999-September 30, 2000) the budget Is based on a 100% State-
funded basis as follows:
catego Mats City Total
Personnel $102,356 -0- $102,356
Retirement Q 11.46% -0- 11,730 11,730
Mileage 5.600 _� 5.600
Total $107,956 $11,730 $119,686
For Fiscal Year 2001 (October 1, 2000-September 30, 2001) the budget is based on a 75/25% split as
follows:
catego stat$ Q4c Total
Personnel $ 76,767 $25,589 $102,356
Retirement @ 11.46% -0- 11,730 11,730
Mileage 4,200 1.400 5.600
Total $ 80,967 $38,719 $119,686
For Fiscal Year 2002 (October 1, 2001-September 30, 2002) the budget is based on a 50/50% split as
follows:
Category state Q1Y Total d
Personnel $ 51,178 $51,178 $102,356
Retirement Q 11.46% -0- 11,730 11,730
Mileage 2.80 2.800 5.600
Total $ 53,978 $65,708 $119,686
( TxDOT does not provide for any form of Indirect costs; therefore, it will be necessary to waive these
charges in the amount of $65,235 ($21,745 for each year) for the ITC STEP. Indirect costs are
i calculated by multiplying the sum of personnel and retirement by 19.06%.
i