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RE 09-12-89.4 RESOLUTION NO. 091289.4 Contract No. TEXAS TRAFFIC SAFETY PROGRAM CONTRACT WITH LOCAL GOVERNMENT THE STATE OF TEXAS** THE COUNTY OF TRAVIS** THIS CONTACT IS MADE BY AND BETWEEN THE STATE OF TEXAS, acting by and through the State Department of Highways and Public Transporation, hereinafter called the State, and CTY 0F COPPELL , acting by and through its duly authorized officers, hereinafter called the Local Government. WITNESSETH Article 6701j-1, Texas Civil Statutes, declares that the establishment, develop- ment, 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 Governer ofTexas has named the Enngineer-Director of the State Depart- ment of Highways and Public Transportation as his representative to administer the Texas Traffic Safety Program; and, The Engineer-Director has formulated a program of project for the current fiscal year called the Highway Safety Plan (The Plan), and the Unitedd States Depart- ment of Transportation (US DOT) has approved the Plan and authorized the State to proceed with implementation in accordance with approved procedures; and, The State and the Local Government aagree to implement a taffic safety project generally authorized in the Highway Safety Plan, said project described as a TRASER NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, the State and the Local Govern- ment. do mutually agree as follows. AGREEMENT Article 1. Contract Period This contract becomes effective on October 1, 1989 or when fully executed by all parties hereto, whichever occurs later, and shall terminate on Septeraber 30, 1990 , unless termination occurs as provided hereinafter. Page 1 of 13 TTSP 4 89 THE TEXAS TRAFFIC SAFETY PROGRAM Article 2. Responsibilities ofthe Parties The Local Government 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 State shall provide assistance as appropriate and as specified in said Attachment A. Article 3. Compensation The maximum amount payable under this contract shall not exceed the amount of $ 10,942.00 unless modified in writing through an amendment pursuant to Article 5. All payments made hereunder will be made in accordance with Attachment B, Approved Project Budget. When directed by the State, the Local Government may transfer an amount equal to 5% of the total budget authorized in Attachment B, Approved Project Budget, from one ~ost category to another. In no ease shall the maximum amount payable be exceeded as a result of the transfer. The transfer of funds between cost categories will not require a written amendment to the contract unless the amount of the transfer exceeds 5% of the total project budget. To be eligible for reimbursement under this contract, a cost must be incurred within the contract period specified in Article i above and be authorized or not prohibited in Attachment B, Approved Project Budget. Payment of costs incurred under this contract is further governed by cost principles outlined in the Federal Office of Management and Budget (OMB) Circular A-87, "Cost Principles for State and Local Governments."- The Local Government agrees to submit monthly or quarterly requests for reimbursement using billing statements acceptable to the State. The original billing statement and one copy is to be submitted to the address shown on the last page of this contract. The Local Government agrees to submit the final request for payment under this contract within sixty (60) days after the end of the contract period. The State 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. Article 4. Limitation of Liability Because federal funds are authorized on a federal fiscal year basis only, p:~yment costs incurred hereunder is contingent upon the availability of federal funds. Page 2 of 13 TIlE TEXAS TRAFFIC SAFETY PROGRAM Article 4. Limitation of Liability (cont.) If at any time during the contract period the State determines that there is i~lsafficient funding to continue the project, the State shall so notify the Local Government, giving notice of intent to terminate the contract. Such termination will be conducted in such a manner that will minimize disruption to the Local Government and thc State, and as further specified in General Provision G9, Termination. If any claim submitted during the 60 days following the termination of this contract for reason of insufficient federal funds is not paid within 90 days after the end of the fiscal year in which the cost is incurred, the State shall not be liable for payment at a later date. The Local Government expressly waives any further claim if sufficient funds are not available to the State for payment of the Local Government's claim. Thc Local Government shall indemnify, defend, and hold the State harmless from any and all claims and lawsuits by third parties arising from or incident to the State's non-payment of the Local Government's claim under this contract. This indemnification, defense and hold harmless agreement by the Local Government includes the payment of all dsmages, expenses, penalties, fines, costs, charges, and attorney fees, if the claims or lawsuits are based upon the State's non-payment o£ claims submitted under this contract. The Local Government shall defend any suits brought upon all such claims and lawsuits and pay all costs and expenses incidental thereto, but the State shall have the right at its option to participate in the defense of any suit, without relieving the Local Government of any obligation hereunder. Article 5. Contract Amendments If at any time during the contract period the State determines that additional funds are needed to continue the project and the maximum amount payable is insufficient, a written amenelment is to be executed to authorize additional funds, if the State and the Local Government determine to continue project funding. Other changes in the scope, complexity, or cost of the project shall be authorized by written amendment hereto. 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. Page3 off3 THE TEXAS TRAFFIC SAFETY PROGRAM Article 6. Additional Work If the Local Government is of the opinion that any work it has been directed to perform is beyond the scope of this contract and constitutes additional work, the Local Government shall promptly notify the State in writing. In the event that the State finds that such work does constitute additional work, the State shall so advise the Local Government and provide compensation for doing this work on the same basis as the original work. Ifthe 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 State will review the work as specified in the approved project description. If the State finds it necessary to request changes in previously satisfactorily completed work or parts thereof, the Local Government will make such revisions as requested and directed by the State. Such work will be considered as additional work and subject to the requirements established in Article 6. If the State finds it necessary to require the Local Government to revise completed work to correct errors appearing therein, the Local Government shall make such corrections and no compensation will be paid for the corrections. Article 8. General Terms and Conditions Gl. Indemnification To the extent permitted by law, the Local Government shall save harmless the State from all claims and liability due to the acts or omissions of the Local Government, its agents or employees. The Local Government also agrees to save harmless the State from any and all expenses, including attorney fees, all court costs and awards for damages, incurred by the State in litigation or otherwise resisting such claims or liabilities as a result of any activities of the Local Government, its agents or employees. To the extent permitted by law, the Local Government agrees to protect, indemnify, · .and save harmless the State from and against all claims, demands and causes of action of every kind and character brought by any employee of the Local Government against the State due to personal injuries and/or death to such employee resulting from any alleged negligent act, by either commission or omissiv~, on the part of the Local Government or the State, Page 4 of 13 TIlE TEXAS TRAFFI~ SAFETY PROGRAM G2. Inspection of Work The State 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 ¥,crformed hereunder and the premises in which it is being performed. If any inspection or evaluation is made on the premises of the Local Government or a subcontractor, the Local Government shall provide and require his subcontractor to provide all reasonable facilities and assistance for the safety and convenience of the inspector~ in tile 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 T?,e Local Government 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 -qhall be submitted to the State 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. G4. Noncollusion The Local Government 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. If the Local Government breaches or violates this warranty, the State shall have the right to annul 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. Page 5 of 13 THE TEXAS TRAFFIC SAFETY PROGRAM G5. Reporting Not later than thirty days after the end of each quarter, the Local Government shall submit a performance report using forms provided or approved by the State. 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 Local Government shall submit the final quarterly report within 30 days after completion of the contract. The Local Government shall promptly advise the State in writing of events which have a significant 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 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 State 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 Local Government 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 State, the U.S. 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. G7. Audit The Local Government shall comply with the requirements of the Single Audit Act 0£ 1984, PL 98-502, ensuring that the single audit report includes the coverage stipulated in paragraphs 6, 8, and 9 of OMB Circular A-128, "Audits of Stz~te and Local Governments." Page 6 of 13 TttE TEXAS TRAFFI~ .3AFETY PROGRAM GS. S~bcontracts Any subcon tract for professional services rendered by individuals or organizations not a part of the Local Government's organization shall not be executed without prior authorization and approval ofthe subcontract by the State and, when federal funds are involved, the U.S. Department of Transportation. Subcontract~ in excess of $25,000 shall contain all required provisions of this contract. No subcontract will relieve the Local Government of its responsibility under this contract. Gg. Termination The State may terminate this contract at any time before the date of completion whenever it is determined that the Local Government has failed to comply with the conditions of the contract. The State shall give written notice to the Local Government 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 ofthe contract in whole or in part would not product 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 convenience of the parties hereto, all finished or unfinished documenB, data, studies, surveys, reports, maps, drawings, models, photographs, etc. prepared by the Local Government shall, at the option of the State, become the property of the State. The State shall compensate the Local Government 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 State. The Local Government shall not incur new obligations for the terminated portion after the effective date of termination. Page7ofl3 THE TEXAS TRAFFIC SAFETY PROGRAM G9. Termination (cont.) Except with respect to defaults of subcontractors, the Local Government 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 Local Government to progress in the performance of the work) if such failure arises out of causes beyond the control and without the default or negligence ofthe Local Government. Such causes may include but are not limited to acts of God or ofthe 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 Local Government. Gl0. 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 thc State under this contract. The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of the State's Engin. eer-Director. Any person doing business with or who reasonably speaking may do business with the State under this contract may not make any offer &benefits, gifts or favors to Department employees, except as mentioned hereabove. Failure on the part of the Local Government to adhere to this policy may result in termination of this contract. Gll. Compliance With Laws The Local Government 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 contract, including, without limitation, workers' compensation laws, minimum and xnaximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Local Government shall furnish the State wi th satisfactory proof of its compliance therewith. Gl2. Successors and Assigns The State and the Local Government 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. Neither the State nor the Local Government shall assign, sublet, or transfer its interest in this agreement without written consent of the other. Page 8 of 13 TIlE TEXAS TRAFF, u SAFETY PROGRAM Gl3. Ownersh[I) of Dc,cumcnts U pon complct, i~m or termination of this contract, all documents prepared by the Local Government or furnished to the Local Government by the State shsll be delivered to and become the property of the State. All sketches, photographs, calculation:z, and other data prepared under this contract shall be made available, upon request, to the State without restriction or limitation oftheir further use. G14. Local Resources Thc Local Government warrants that it presently has adequate qualified personnel in its employment for performance of~ervices required under this contract, or will be able to obtain such personnel from sources other than the State. Unlcs~ otherwise specified, the Local Government shall furnish all equipment, materials, and supplies.required to perform the work authorized herein. All employees of the Local Government shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Local Government who, in the opinion of the State, is incompetent, or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project. G15. Property Management The Local Government shall establish and administer a system to control, protect, preserve, use, maintain, and dispose of any property furnished to it by the State or purchased pursuant to this agreement in accordance with its own property management procedures, provided that the procedures are not in conflict with the property management standards outlined in 49 CFR 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments." G16. Procurement Standards The Local Government shall maintain procurement standards which meet or exceed the requirements of 49 CFR 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments." Page 9 of 13 THE TEXAS TRAFFIC SAFETY PROGRAM Gl7. Insurance When directed by the State, the Local Government shall provide or shall require its subcontractors to secure a policy of insurance in the maximum statutory limits for tort liability, naming the State as an additional insured under its terms. When so directed, the Local Government shall provide or shall require its subcontractor to furnish proof of insurance on forms satisfactory to the State, and shall maintain the insurance during the contract period established in Article 1. Gl8. Equal Employment Opportunity The Local Government 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). Gl9. Nondiscrimination During the performance of this contract, the Local Government, its assigns and successors in interest, agrees as follows: 1. Compliance with Regulations: The Local Government 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 Local Government, with regard to thc work performed by it during the contract, shall not discriminate on the grounds of race, co]or, sex, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Local Government 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 contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Local Government for work to be performed under a subcontract, including procurements &materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Local Government of the Local Government's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, sex, or national origin. Page10of13 'THE TEXAS TRAFFIC SAFETY PROGRAM G 19. Nondiscrimination (cont.) 4. Information and Reports: The Local Government shall provide all information and reports required by the Regulations, or directive~ 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 State Department of Highways and Public Transportation or the U.S. Department of Transportation to be pertinent to ascer- tain compliance with such Regulations or directives. Where any information required of the Local Government is in the exclusive possession of another who fails or refuses to furnish this information, the Local Government shall so certify to the State Department of Highways and Public Transportation or the U.S. Department of Transportation a~ appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions fur Noncompliance: In the event of the Local Government's noncom- pliance with the nondiscrimination provisions &this contract, the State Department of Highways and Public Transportation shall impose such contract 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 Local Government under the contract until the Local Government complies, and/or · cancellation, termination, or suspension ofthe contract in whole or in part 6. Incorporation of Provisions: The Local Government shall include the provisions of paragraphs 1 through 6 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pur- suant thereto. The Local Government shall take such action with respect to any sub- contract or procurement as the State Department of Highways and Public Trans- portation may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the event a Local Government becomes involved in, or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Local Government may request the State Department of Highways and Public Transportation to enter into such litigation to protect the interests of the State; in addition, the Local Government may request the United States to enter into such litigation to protect the interests of the United States. Page 11 of 13 THE TEXAS TRAFFIC SAFETY PROGRAM 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 ofcontracts 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. · The Local Government agrees to insure that Minority Business Enterprises as defined in 49 CFR 23, Subpart A, have the maximum opportunity in the performance ofcontracts and subcontracts financed in whole or in part with Federal funds. In this regard, the Local Government shall take all necessary and reasonable steps in accordance with 49 CFR 23, exclusive of Subpart D, to insure that Minority Business Enterprises have the maximum opportunity to compete for and perform contracts. · The Local Government 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 &the Department, may result in termination of the contract by the State or other such remedy as the State deems appropriate. G21. Debarment/Suspension The Local Government 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 Local Government 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 State, to furnish a copy ofthe certification. G22. Signatory Warranty The undersigned signatory for the Local Government 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 Local Government. Pagel2ofl3 TttE TEXAS TRAFFIC SAFETY PROGRAM G23. Assurances and Certification The Local Government 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. IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED DUPLICATE COUNTERPARTS TO EFFECTUATE THIS AGREEMENT. TIlE LOCAL GOVERNMENT THE STATE OF TEXAS [Name~of Jurisdiction] ~ Certified as being executed for the · - ~ ~ / purpose and effect of activating and/or By / j ~ ~-/-~j ~C.(.': _: ' / carrying out the orders, established [S~g~dture] ' / ,- policies or work programs heretofore / approved and authorized by the State City Manager ~ Highway and PublieTransportation [Name and Title] Commission under the authority of Minute Order 82513. Date ~/~. /-~, /2';~ . ATYEST By Traffic Operations Engineer [signature] t' -~ Date City Secretary [Name and Title] Under authority of Ordinance or Resolution Number ~ c?/~ ~. ~?, ~f Mailing Addresses For the purpose of this agreement, the following addresses shall be used to mail all required notices, reports, claims, and correspondence: For the Local Government: For the State (District Office): City of Coppell State Dept. of Highways & Public Transportation P. O. Box 478 P.O. Box 3067 Coppell, Texas 75019 Dallas, Texas 75221-3067 Page 13 of 13 PROJECT DESCRIPTION Attachment A I. AUTHORIZATION: This contract implements Task B, Sub-Task 3 of 90-01-01 of the FYg0 Highway Safety Plan. II. .PROBT.RM STATEMENT: All Texas jurisdictions charged with the responsibility of traffic law enforcement have a common problem in trying to identify where to place their limited resources (personnel and equipment) in order to have the greatest impact on the motor vehicle accidents in their jurisdiction. Data they receive is sometimes three or four months old before they have an opportunity to evaluate their needs. TRASER is needed to allow for up-to-the-minute input in order to do the best planning possible. III. QBJECTIVES: A. To reduce accidents by 5% within the jurisdiction by the end of the contract period. B. To build an automated traffic records system to record 100% of all accident reports and 100% of all police citations issued by 9/30/90. 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 Contractor's obligation hereunder. IV. RESPONSIBILITIES OF THE CONTRACTOR: A. Carry out the objectives of this contract by implementing the Action Plan in this attachment. B. Submit all newly developed public information and education material for written approval from the Department prior to final production. Reproduction of National Highway Traffic Safety Administration or other governmental endorsed material is permissible without Department approval. 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. Page 1 of 5 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. V. RESPONSIBILITIES 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 close of the contract period to include a review of adherence to budget, Action Plan and attainment of objectives. Page 2 of 5 VI. PERFORM/hNCE INDICATORS: The following performance indicators, when applicable, shall be included in each Performance Report and summarized in the Administrative Evaluation: A. Number of citations issued under the TRASER program. B. Number of enforcement hours worked under TRASER. C. Number of high accident locations identified under the TRASER program. D. Number of high accident locations identified that required both enforcement and engineering attention. E. Reduction (number of) in accidents involving fatals, injuries and property damage. Page 3 of 5 ATTACHMENT B APPROVED PRO,.TECT BU~ CITY OF COPPELL ~NT~R I. ~R ~STS: A. S~ff and Su~iso~ Suppo~ 1. Projec~ Director 100 hours ~ 19.06 per hour = 2. Clerk/t~ist hours 6 per hour = $ 3. Data Entry clerk ~50 hours ~ ~9.0~ per hour = B. Travel and Per D~em (State Rates) Travel for contractor personnel to attend meetings called by the Department = $ ~0.00 ~T~ ~OR COSTS = II. O~R DI~ ~STS: A. Mileage (actua~ cost not to exceed state rate) miles ~ per mile = B. ~lic Info~ation and Education Materials (no= to exceed 5% of contrac~ amount) = $ -0- (Also see IV. B., of Attachment A) TOT~ OT~R DI~ COSTS = TOT~ ~NT~ ~O~ = $ 10~ 9&2.00 AT'I"A C !'1 M ENT C Local Governments' Standard Assurances The Local Government hereby assures and certifies that it will comply with the regula- r,ohS, policies, guidelines, and requirements, including 49 CFR 18 and OMB Circular A-87, as they relate to the application, acceptance, and use of state funds for this proJect. Also, the Local Government assures and certifies to the grant that: 1. It possesses legal authority to apply for the grant; that a resolution, motion, or similar action I~as been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understand- ings 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 (PL88-352) and in accor- dance 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 bene- fits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives federal financial assistance and will immediately take any measures necessary to effectuate this agreement. 3. It will comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d) prohibiting . employment discrimination where (1) the primary purpose of a grant is to provide . employment or (2) discriminatory employment practices will result in unequal treatment of persons who are or should be benefiting from the grant-aided 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 state or federal and state or federally assisted programs. 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 insti- tution 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 ire'posed by the sponsoring agency concermng special requirements of law, program requirements, and other administrative requirements. SDHPT TTSP 4-89 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 En- vironmental Protection Agency's (EPA) list of violating facilities and that it will notify the 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 put- chase of flood insurance in communities where such insurance is available as a con- dition for the receipt of any federal financial assistance for construction or acqu isi- tion purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development,as an area having special flood hazards. The phrase 'federal financial assistance includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect federal assistance. 12. It will assist the grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historic Preservation Act of 1966 (26 USC 469a- 1 et seq .) by (a) consulting with the State Historic Preservation Officer to conduct the inves- tigation, as necessary, to identify properties listed in or eligible for inclusion in the National Register df 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 avoidor mitigate adverse effects upon such properties. 13. It will comply with Texas Civil Statutes,,Art. 5996a, by insuring that no officer, employee, or member of the applicant s governing body or of the applicant's con* tract 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 govern- ing 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 apph- cant relative to this proiect 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. ^'lYf^CliP,mT Debarment Certification (Negotiated Contracts) ( 1 ) Th e 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; {h) Ha~:e not within a three-year period preceding this proposal been convicted or or had a civil judgment rendered against them for commission &fraud or a criminal offense in connection with obtaining, attempting to obtain, or per- forming a public* transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission oferabezzlement, theft, for- gery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (¢) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity* with commission of any &the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-y~ar period preceding this application/proposal had one or more pt:blic 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 attaeh an explanation to this certification. *federal, state or local City Manager