RE 09-12-89.2 RESOLUTION NO. 091289.2
Contract No.
TEXAS TRAFFIC SAFETY PROGRAM
CONTRACT WITH I.OCAL GOVERNMENT
THE STATE OF TEXAS **
THE COUNTY OF TRAVIS **
THIS CONTRACT IS MADE BY AND BETWEEN THE STATE OF TEXAS,
acting by and through the State Department of Highways and Public
Transportation, hereinafter called the State, and CITY OF 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 of Texas has named the Engineer-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 projects for the current fiscal
year called the Highway Safety Plan (the Plan), and the United States Depart-
ment of Transportation (US DOT) has approved the Plan and authorized the
State to proceed with implementation in accordance with approved procedures;
arid,
The State and the Local Government agree to implement a traffic safety project
generally authorized in the Highway Safety Plan, said project described as a
NATIONAL MAXIMUM SPEED LIMIT ENFORCF~MENT
N OW, 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 Sepi:ember 30, 1990 ,
unless termination occurs as provided hereinafter.
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Article 2. Respons~bilitiesofthe 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 maximnm amount payable under this contract shall not exceed the amount of
$ z~4, o06.0o 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 cost category to another. In no case 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 1 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 Gover~ment 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, payment of
costs incurred hereunder is contingent upon the availability of federal funds.
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Article 4. Limitation of Liability (cont.)
If at any time during the contract period the State determines that there is
insufficient 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 the State, and as further specified in General Provision Gg,
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.
The 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 d~mages, expenses, penalties, fines, costs, charges, and
attorney fees, if the claims or lawsuits are based upon the State's non,payment of
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 ~mendment 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.
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Article 6. Additional Work
Ii'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 Govern. ment 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 t~e 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
dRrnages, 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 omission
on the part of the Local Government or the State.
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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
performed 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
inspecWrs 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 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 shall be submitted to the State for
settlement withihe 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.
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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
InspecWr 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 of
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 State and
Local Governments."
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G8. Subcontracts
Any subcontract 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.
Subcontracts in exce~s 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 data of termination and
specify the effective date of termination and the reason for termination.
If both parties to this contract agree that the continuation of the contract in whole
or in part would not 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 documents, 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.
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Gg. 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 fa/lure 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 of the Local Government. 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 fa/lure 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 bus/ness with or who reasonably speaking may do business with the
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 of benefits, gifts or favors to
Department employees, except as mentioned hereabove. Fa/lure 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 maximum salary and wage statutes and regulations, and licensing laws and
regulations. When required, the Local Government shall furnish the State with
satisfactory proofofits 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 administraWrs of such other party in respect to
all covenants ofthis agreement. Neither the State nor the Local Government shall
assign, sublet, or transfer its interest in this agreement without va-itten consent of
the other.
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Gl3. Ownership of Documents
Upon completion or termination of this contract, all documents prepared by the
Local Government or furnished to the Local Government by the State shall be
delivered to and become the property ofthe State. All sketches, photographs,
calculations, and other data prepared under this contract shall be made available,
upon request, to the State without restriction or limitation of their further use.
G14. Local Resources
The Local Government warrants that it presently has adequate qualified personnel
in its employment for performance of services required under this contract, or will be
able to obtain such personnel from sources other than the State.
Unless 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 Aclmlnistrative
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."
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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 statuWry 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 proofofinsurance 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 Transportatian, 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 the work performed
by it during the contract, shall not discriminate on the grounds of race, color, sex, or
national origin in the selection and retention of subcontractors, including
procurements of materials and leases of equipment. The 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 of materials or leases of equipment, each potential subcontracWr
or supplier shall be notified by the Local Government of the Local Government's
obligations under this contract and the Regulations relative W nondiscrimination
on the grounds of race, color, sex, or national origin.
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Gl9. Nondiscrimination (cont.)
4. Information and Reports: The Local Government 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 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 as appropriate, and shall set forth what efforts it has made to obtain
the information.
5. Sanctions for Noncompliance: In the event ofthe Local Government's noncom-
pliance with the nondiscrimination provisions of this contract, the State Department
of Hi ghways 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:
· withholdingofpayments to the Local Government under the contract until
the Local Government complies, and/or
· cancellation, termination, or suspension of the 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.
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G20. Minority Bus/ness Enterprise
It is the policy of the U.S. Department of Transportation that Minority Business
Enterprises as defined in 49 CFR 23, Subpar~ A, shall have the maximum
opportunity to participate in the performance of contracts financed in whole or
in part with Federal funds. Consequently the Minority Business Enterprise
requirements of 49 CFR 23, exclusive of Subpart D, apply to this contract as follows.
· The Local Government agrees to insure that Minority Business Enterprises
as defined in 49 CFR 23, Subpart A, have the max/mum opportunity in the
performance of contracts 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 w/th Federal funds.
These requirements shall be physically included in any subcontract. - -
Failure to carry out the requirements set forth above shall constitute a breach of
contract and, after the notification of the Department, may result in termination of
the contract by the 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 of the certification,
G22. Signatory Warranty
The undersigned signaWry for the Local Government hereby represents and
warrants that she/he is an officer 0fthe 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.
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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.
THE LOCAL GOVERNMENT THE STATE OF TEXAS
[Name.,of jurisdiction] · -~ ~ ~ Certified as being executed for the
/ ~ ~/- ' ~/' /'/'~f/// purpose and effect of activating and/or
By / .i ~;--~ '~/J ~- ~_-~L~/. carrying out the orders, established
policies or work programs hereWfore
[signature]
// approved and authorized by the State
City Manager Highway and Public Transportation
[Name and Title] Commission under the authority of
Date .~,~f~-~_ l.Z /c~W~ Minute Order 82513.
ATTEST By
Traffic Operations Engineer
[Signature] /~ ~ Date
City Secretary
[Name and Title]
Under authority of Ordinance or
Resolution Number 0 ~/~Z ~c~, .~
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
P. O. Box 478 Transportation
Coppell, Texas 75019 P.O. Box 3067
Dallas, Texas 75221-3067
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~ROJECT DESCRIPTION Attachment A
I.Au'rHORI~
This contract implements Task B, Sub-Task 2 of 90-01-01 of
the FYg0 Highway Safety Plan.
II. PROBL~STATEMENT:
The State of Texas is required to spend approximately 20% of
the Section 402 traffic safety funds to implement programs
to bring motorists in Texas into compliance with the
National Maximum Speed Limit. This will be done through
local contractors. This Contractor has submitted a list of
roadways that have been found to have substantial degrees of
noncompliance with the National Maximum Speed Limit.
III. OBJECTIVE:
To achieve compliance with the National Maximum Speed
Limit at STEP sites by the end of the contract period.
(Compliance will be measured under DOT CFR, Part 659.)
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 T~E CONTRACTOR:
A. Carry out the objective of this contract by
implementing the Operational Plan and the Action Plan
in this attachment.
B. Submit all newly developed public information and
education material for written approval from the
Department prior to final production. Reproduction of
National Highway Traffic Safety Administration or other
governmental endorsed material is permissible without
Department approval.
C. An Administrative Evaluation summarizing all activities
and accomplishments will be submitted on Department
approved forms, no later than 45 days after the
contract ending date.
D. Attend meetings according to the following:
1. The Contractor will arrange for meetings with the
Department no less than quarterly to present
status of activities, discuss problems and present
a schedule for the following quarter's work.
2. The project coordinator or other qualified person
will be available to represent the Contractor at
meetings requested by the Department.
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E. For out of state travel expenses to be reimbursable,
the Contractor must have obtained the approval of the
Department prior to the beginning of the trip. A copy
of the documentation of that approval must accompany
the Request for Reimbursement. Contract approval does
not satisfy this requirement.
F. Maintain verification that wages or salaries for which
reimbursement is requested is for work exclusively
related to this project.
G. In addition to STEP enforcement activities, maintain
non-STEP traffic enforcement arrests jurisdiction-wide
at not less than the level attained prior to contract
approval.
H. Ensure that 95% of the hours planned for each month are
actually worked, and that 90% of the enforcement hours
for which reimbursement is claimed are spent at STEP
sites as specified in the operational plan in this
attachment.
I. Ensure that each officer working on the STEP project
will complete an officers daily report form that is
approved by the Department.
J. Ensure that no officer above the rank of Lieutenant
will be reimbursed for enforcement duty.
K. Support the enforcement efforts with public
information.
v. RESPONSIBILITIES O~ ~ 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.
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VI. PERFORF~%NCE INDICATORS:
The following performance indicators, when applicable, shall
be included in each Performance Report and summarized in the
Administrative Evaluation:
A. Number of NMSL citations issued.
B. Number of enforcement hours worked.
C. Number of enforcement hours at STEP sites.
D. Maintenance of NMSL citation activity at STEP sites.
VII. OPERATIONAL PLAN:
STEP TIME (S) DAY (S)
SITE OF OF
NUMBER SITE DESCRIPTION DAY WEEK
10 A.M. -
IH 635 - City Limit
2 P.M. All
1 to City Limit
7 P.M. -
2 Same As Above 11 P.M. Ail
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ATTACHMENT B
APPROVED PROJECT BUDGET
CITY OF COPPELL
CONTRACTOR
I. LABOR COSTS:
A. Enforcement (Overtime)
1. Traffic Officers: 1109 hours @ 17.95 .per hour = $ 19,907.00
2. Sergeants: 443 hours @ 22.35 .per hour -- $ 9,901.00
3. Lieutenants: 111 hours @ 24.33 _per hour = $ 2,700.00
B. Staff and Supervisory Support
1. Project Director 75 hours @ 19.06 ~per hour = $ 1,429.00
2. Clerk/typist 160 hours @ 19.08 .per hour = $ 3,053.00
3. Data Entry clerk hours @ _per hour = $
C. Travel and Per Diem (State Rates)
Travel for contractor personnel to attend meetings
called by the Department = $ 600.00
TOTAL LABOR COSTS = $ 37,590.00
II. OTHER DIRECT COSTS:
A. Mileage (actual cost
not to exceed state
rate) 18,000 miles @ .24 per mile = $ 4,320.00
B. Public Information
and Education Materials
(not to exceed 5% of contract amount) = $ 2,096.00
(Also see IV. B., of Attachment A)
TOTAL OTITER DIRECT COSTS = $ 6,416.00
TOTAL CON'i'I~ACT AMOUNT = $ 44,006.00
FEDERAL 402 FUNDS ( 75 %) = $ 33,004.00
LOCAL FUNDS (25 %) = $ 11,002.00
Ail math extensions have been rounded to the nearest dollar.
ATTACHMENT C
Local Governments'
Standard Assurances
The Local Government hereby assures and certifies that it will comply with the regula-
tions, 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 actionhas been duly adopted or passed as an official act of the applicant s
governing body, authorizing the filing of the application, including all understand-
rags and assurances contained therein, and directing and authorizing the person
identified as the official representative of the applicant to act in connection with
the application and to provide such additional information as may be required.
2. It will comply with Title VI of the Civil Rights Act of 1964 (PL 88-352) and in 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. . .
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 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 imposed by the sponsoring agency concerning
special requirements of law, program requirements, and other administrative
requirements.
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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 pur-
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 acquisi-
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 federa/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 etseq.)
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 wi.th all requirements
established by the federal grantor agency to avoidor mitfgate adverse effects
upon such properties.
13. It will comply with Texas Civil Statutes, Art. 5996a, by insuring that no office,r,
employee, or member of the applicant's governing body or of the applica, nt s con-,
tract shall vote or confirm the employment of an), person related within the secono
degree of affinity or third degree by consanguimty 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 appli-
cant relative t° this project Shall be available to the public during normal business
hours in compliance with Texas Civil Statutes, Art. 6252-17a, unless otherwise
expressly provided by law.
t will comply w th Texas Civil Statutes, Art. 6252.17, which require.s all reg. ular,
special, or called meetings of governmental bodies to I~e open to the public, except
as otherwise provided by law or specifically permitted in the Texas Constitution.
A'IVI'ACH MENT 1}
Debarment Certification
(Negotiated Contracts)
(1) The CONTRACTOR certifies to the best of its knowledge and belief, that it and
its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared
ineligible or voluntarily excluded from covered transactions by any federal
department or agency;
(b) Have not within a three-year period preceding this proposal been convicted
of or had a civil judgment rendered against them for commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, or per-
forming a public* transaction or contract under a public transaction; violation
of federal or state antitrust statutes or commission of embezzlement, theft, for-
gery, bribery, falsification or destruction of records, making false statements,
or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by
a governmental entity* with commission of any of the offenses enumerated in
paragraph (D(b) of this certification; and
(d) Have not within a three-year period preceding this application/proposal
had one or more public transactions* terminated for cause or default.
(2) Where the CONTRACTOR is unable to certify to any of the statements in
this certification, such CONTRACTOR shall attach an explanation to this
certification.
*federal,state or local
Signature ofC~ertilyJng O~¢ial
City Manager
Date