R-2088-9-02RESOLUTION NO. 2088-9-02(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AUTHORIZING AN AGREEMENT WITH THE STATE OF
TEXAS, TO ACCEPT THE TEXAS DEPARTMENT OF TRANSPORTATION
S.T.E.P. GRANT AWARD; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, it is in the best interest of the residents of the City of Allen and neighbors to have safe streets
within the incorporated Imuts of the City of Allen; and,
WHEREAS, the City of Allen's street become unsafe when vehicles drive in excess of the posted speed limit
and when seatbelts are not worn in violation of Texas Law; and,
WHEREAS, it is the desire of the City of Allen to take proactive measures to insure that the citizens and
visitors of the City Allen are safe when new city streets and highways; and,
WHEREAS, the City of Allen has agreed to the conditions outlined in the S.T.E.P. Grant; and has agreed to
accept the Grant in the amount of $60,901.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. The City of Allen approves the acceptance of the STEP Grant, sponsored through the Texas
Department of Transportation for the purpose of educating the public about, and in the enforcement of state
' traffic laws.
SECTION 2. This Resolution shall become effective immediately from and after its passage.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 10'"DAY OF SEPTEMBER 2002.
APPROVED:
V —
Stephen Terrell, MAYOR
ATTEST:
JrddyMorals n, CMC/MMCA, CITY SECRETARY
® Federal Pass Through
Grant Funds CFDA #20.60_
❑ State Grant Funds
Misc. Contract Number: 583XXF6012
Charge Number: 03 -01 -01 -BI -BB
PIN: 17560049128005
TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
Itdie M :V0)Yftwf—'N3a
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 City of Allenhereinafter 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) 03.
WITNESSETH
Project Title: Safe & Sober STEP
Brief Project Description: To combine speed and safety belt enforcement efforts to reduce injuries and fatalities on
highways in the City of Allen.
AGREEMENT
Grant Period: The Grant becomes effective on October 1. 2002, or on the date of final signature, whichever is later,
and ends on September 30, 2003.
Maximum Amount Eligible for Reimbursement: $60980 . Cost incurred after the end of a fiscal year cannot be
reimbursed without prim written approval from the Department. (See also Article 3, Limitation of Liability, in the
Standard Provisions)
Project Year: 1 Estimated Budget
TOTAL $ 0 0 0
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, Project Description
® Attachment B, Project Budget
® Attachment C, Standard Assurances
® Attachment D, Debarment Certification
❑ Attachment E, Lobbying Certification (required if amount payable is $100,000 or more)
❑ Attachment F, Child Support Statement
Page I of 10 TxDOT Form 2075 (rev. 32002)
TxDOT
StatelLoral/Other
Program Inronse
Labor $
60,901
25,289
Other Direct Cost
79
13
Indirect/F&A Cost
TOTAL S
60,980
25,302
0
Project Year: _ Estimated Budget:
TxDOT
State/Local101her
Program Income
Labor $
Other Direct Cost
Indirect/F&A Cost
TOTAL S
0
0
0
Project Year: _ Estimated Budget:
TxDOT
State/Lmal/Omer
Program hanrne
Labor $
Other Direct Cost
Indirect/F&A Cost
TOTAL $ 0 0 0
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, Project Description
® Attachment B, Project Budget
® Attachment C, Standard Assurances
® Attachment D, Debarment Certification
❑ Attachment E, Lobbying Certification (required if amount payable is $100,000 or more)
❑ Attachment F, Child Support Statement
Page I of 10 TxDOT Form 2075 (rev. 32002)
Charge Number: 03 -01 -01 -BI -BB
IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED DUPLICATE COUNTERPARTS TO
EFFECTUATE THIS AGREEMENT.
Y I l l*19111i1! 17.�erYaID
Yid El* 11 M YDE13 a9a1�MI
Executed by and approved for the Texas Transportation
Commission for the purpose and effect of activating
City of Allen and/or carrying out orders, established policies in work
[Legal Name of Agency] programs approved and authorized by the Texas
Transportation Commission.
By
[Authorized Signature]
[Name and Title]
Date
ATTEST:
[Signature]
[Name and Tide]
Under authority of Ordinance or Resolution
Number (for local governments):
Marline Addresses
District Engineer
Texas Department of Transportation
Director, Traffic Operations Division
For the purpose of this agreement, the following addresses shall be used to mil all required notices, reports,
claims, and correspondence. (NOTE: For warrants (checks), 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 T%DOT of any changes.):
For Subgrantee:
Name: Ken Myers
For Texas Department of Transportation:
Pat Hickman
Title: Officer
Traffic Safety Specialist
Organization: Allen Police Department
Texas Department of Transportation
Address: 205 W. McDermott
4777 E. Hwy 80
Allen, TX 75013
Mesquite, TX 75150-6643
Phone: 972.727-7527
214.320.6235
Fu: 972-727-7579
214319.6568
E-mail: l®yersi0ci.allen.tmus
phicluna0dotatateAx.us
Teves Traffic Safety Program Grant Agreement Page 2 of 10 TxDOT Form 2075 (rev. 312002)
(1IYAZ1173 "111 7:11]4 F3ON&I
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 in 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 reasons) 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 Instimfions;
• 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 thirty (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 most 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 fust twelve months, and in 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.
Texas Traffic Safety Program Grant Agreement Page 3 of 10 TxDOT Form 2075 (rev. 32002)
ARTICLE 3. LIMITATION OF LIABILITY
Because funds an: 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 Subgranteek 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 Departments
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 m 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.
Texas Traffic Safety Program Grant Agreement Page 4 of 10 TxDOT Form 2075 (m. 32002)
ARTICLE 7. GENERAL TERMS AND CONDITIONS
GI. 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 hamdess 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 pan 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.
CA. NoncnDusion
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.
Texas Traffic Safety Program Grant Agreement Page 5 of 10 TxDOT Form 2075 (rev. 32002)
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 overture 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 in 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 in 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 in 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 OMI) 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.
Texas Traffic Safety Program Grant Agreement Page 6 of 10 TxDOT Form 2075 (rev. 32002)
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 prim to the effective date of termination and specify the effective date of
termination and the reason for termination.
If both parties in 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 herew, 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
workhas been completed in a manner satisfactory and acceptable to the Department The Subgrantee shall not incur
new obligations for the terminated portion atter the effective date of termination.
Except with respect in 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 m 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 Crovemment 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
most 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
Departn ent 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 Depart nent 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, miles 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
stamms 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 Subgran[ce shall not assign, sublet, or transfer interest and
obligations in this agreement without written consent of the Department.
Texas Traffic Safety Program GrantAgreement Page 7 of 10 TxDOT Form 2075 (rev. 32002)
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 m 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.
GIS. 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 focal
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 (12191) to the Department, and shall maintain
to insurance during the grant period established in Article 1.
G38. 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).
Texas Tmffic Safety Program Grant Agreement Page 8 of 10 TxDOT Farm 2075 (m. 32002)
G19. Nondiscrimination
During the perfomunce of this agreement, the Subgrantee, its assigns and successors in interest, agrees as follows
1. Commliance with Remrlalions: 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(6) 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 f Materials and Eimiument. 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 Subgramee'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 m the U.S. Deparument 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. Incor at ration 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 m 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.
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 Departrnent or other such remedy
as the Department deems appropriate.
Texas Traffic Safety Program Grant Agreement Page 9 of 10 TxDOT Form 2075 (rev. 312002)
G21. Debarmeut/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 furdsh a copy of the
certification.
G22. Signatory Warranty
The signatory for the Subgrantee hereby represents and warrants that shethe is an officer of the organization for
which she/he has executed this agreement and that shethe 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: war 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
dam 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-frce,
nonexclusive, and arevocable license to reproduce, publish, or otherwise use and to authorize others muse for
government purposes:
• the copyright in any works developed under this agreement or under a subgram or contract under this agreement
and,
• any rights of copyright in 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 m 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 (1) of the clause entitled .vommunications;' 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
201.205, 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 thisjoint ownership. There will not be a charge to either agency for such use.
Texas Tmfrc Safety Program GmntAgreement Page 10 of f0 TxDOT Farm 2075 (rev. 32002)
ATTACHMENT A
APPROVED PROJECT DESCRIPTION
SAFE & SOBER
SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP)
City of Allen
(Name of Subgrantee)
PROBLEM IDENTIFICATION:
The City of Allen is in the top10 fastest growing cities in the nation. From 1999 through
2000 the city population grew at approximately 10.65%. For the last five years the
population has expanded at an average of approximately 10% a year. According to the
2000 U.S. Census from 1990 to 2000 the City of Allen in from 18,309 to 43,554, an
astonishing increase of 137.88%. With such a growth rate the police department, like
other departments in the city, has struggled to maintain a constant ratio. Currently the
Allen Police Department has 79 swom officers (67 positions are filled) to serve its
population of over 55,000 people (1.43 officers per 1,000). Police Administrators are
tasked with the difficult process of prioritizing the needs of the agency. Paramount is the
safety of the citizens and visitors the police department serves. In 1998 there were
49,711 calls for service; in 1999 there were 72,016 calls for service, and in 2000 there
were 95,447 calls for service (a 52% increase from 1998 - 2000). During the same time
period, police staffing has only increased 38%. The increase in call volume and other
community policing activities that we participate in leaves little time for combating specific
traffic issues.
The City of Allen has experienced a significant increase in the number of drivers who
exceed the posted speed limits on most major streets within the city limits. Studies
indicate that more than 90% of vehicle are exceeding the speed limit a major six -lane
road in Allen. Additionally, more than 85 % of drivers exceed the posted speed limit on
US 75. Researchers have concluded that speed is a leading cause of many crashes, and
that the probability that injuries and even death related to crashes increases with speed.
A recent survey in the City of Allen revealed that a considerable number of individuals
city wide, approximately 29%, did not comply with the State of Texas Seatbelt Laws.
These surveys were conducted at four designated intersections that were spread out
throughout the community to ensure a true representation of the city.
Seven surveys were conducted since March 2001. The first five studies conducted were
performed on US75. The data showed that with after the speed limit was changed from
70 MPH to 65 MPH 86.8% of drivers did not comply with the posted speed limit. The
speed of several vehicles exceeded 100 miles per hour. During the first four S.T.E.P.
WAVE periods in 2001 more than 530 citations were issued for speeding on US 75.
Additionally, two more surveys were conducted on a major street in Allen (McDermott)
that showed that approximately 90% of all vehicles traveling on this roadway were
exceeding the posted speed limit.
S&S 7/02
According to the Texas Department of Public Safety Motor Vehicle Traffic Accidents
guide (1999) published by the Texas Department of Public Safety indicated that speed is
major factor in the cause ■MajoAaidrn (wWinjury) ■W.Aaid.0 ■F.UUVAmid
of crashes. The
publication stated that the
Allen had two fatality
crashes, 236 injury
(388 injured persons), and
non -injury crashes for a
397 crashes. However, city
records indicated that
officers responded to more than 1,100 motor vehicle collisions (more than 900 minor
crashes). In 2000, records indicate that police officers responded to more that 1,500
crashes including two fatalities (an increase of approximately 36%). In the first ten
months of 2001 city records indicated that officers responded to 771 minor and 73 major
crashes including one fatality crash that killed three teenagers.
The Allen Police Department is committed to providing a safe community. One aspect of
this entails providing safe streets for residents and visitors to travel. People who
disregard the posted speed limit jeopardize those innocent individuals that share the
road with. Additionally, it is the goal of the police department to reduce the possibility that
if a crash occurs, whether or not related to speed, that the occupants are securely belted
in to minimize the likelihood of injuries.
To accomplish our goals, the police department will utilize various education and
enforcement means. The City of Allen will provide public education throughout the
duration of the grant. Public education will be delivered in various means. These means
may include, but are no limited to, public safety fairs, youth education in schools, public
service announcements, and the media. Additionally, the Allen Police Department will
utilize off-duty officers in the aggressive enforcement of current Texas seatbelt and
speed laws. Officers will direct their efforts in areas of moderate to high occurrences of
persons violating the Texas Transportation Laws in an effort to increase safety and
reduce injuries and death.
It. OBJECTIVE/PERFORMANCE GOALS:
Objective:
To conduct a Safe & Sober STEP in the City of Allen by September 30, 2003.
Performance Goals:
A. To reduce the number of major crashes by 5% from the baseline year (12 months:
January 2000 through December 2000) total number of
123 major crashes to 117 major crashes by September 30, 2003.
B. To increase the percentage of vehicles in compliance with the speed limit by 5
percentage points by September 30, 2003.
S&S 7102
C. To increase the total number of speed citations by at least 40% from the baseline
year (12 months: January 2000 through December 2000) total number of
2760 speed citations to 3864 speed citations by September 30, 2003.
D. To increase safety belt use among drivers and front seat passengers by 5
percentage points and child passenger restraint use by 2 percentage points by
September 30, 2003.
E. To increase the total number of occupant protection (OP) citations issued by 40%
from a baseline period (12 months: January 2000 through December 2000) total
number of 1019 OF citations to 1427 OP citations by September 30, 2003.
F. To complete administrative and general grant requirements by
September 30, 2003.
G. To support grant enforcement efforts with a public information and education
(PI&E) program by September 30, 2003.
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:
A. Number and type of citationslarrests issued under STEP.
B. Points per hour for STEP Enforcement - point assignments for arrests/citations
elements issued under STEP Grant Agreement:
Goal Elements` Points Assigned
DWI 18
Speed Over Limit 1
Safety Belt 1
Child Restraint 1
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.
S&S 7102
D. Number of STEP enforcement hours worked.
E. Maintenance of non -STEP activity.
F. Number of speed -related crashes.
G. Number of alcohol-related crashes.
H. Number of officers working DWI element trained in SFST.
I. Number of officers working OP element trained in the Traffic Occupant Protection
Strategies (TOPS) course.
J. Pre and post survey to determine percent of vehicles exceeding posted speed
limits at speed sites. Post survey required to be reported in final Performance
Report and Administrative Evaluation.
K. Number and results of occupant protection surveys conducted.
L. Percentage point change in observed safety belt and child restraint usage
between pre and post surveys. Required to be reported in final Performance
Report and Administrative Evaluation.
M. Number of presentations conducted in support of this grant.
N. Number of persons attending presentations.
O. Number of media exposures (i.e., news releases and interviews).
P. Number of community events in which STEP officers participated (i.e., health or
safety fairs, booths).
Q. Number of public information and education materials produced.
R. Number of public information and education materials distributed (by item).
IV. RESPONSIBILITIES OF THE SUBGRANTEE:
A. Carry outs 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:
S&57/02
SPEED sites: STEP Site; Site description (including approximate length in
miles and posted limits); Speed Survey Results; and enforcement period. (The
Subgrantee shall follow the Department's Operational Plan Approval Criteria
for STEP site selection and conducting speed surveys.)
DWI sites: STEP Site; Site description (specific location or by area such as
quadrant, precinct or region); and enforcement period.
OP sites: STEP Site; Site description (specific location or entire jurisdiction
such as citywide or countywide); and enforcement period (must be daylight
hours).
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
approval. No enforcement activity can begin until the operational plan is
approved.
Changes to the operational plan may be made by mutual written agreement as
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:
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.
S&S 7102
I. In addition to Safe and Sober STEP enforcement activities, maintain the agency's
total non -STEP enforcement citationslarrests 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 citationtarrest, officer and
supervisor signatures.
L. Ensure that no officer above the rank of Lieutenant (or equivalent title) will be
reimbursed for enforcement duty.
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. Officers assigned to Speed sites should be trained in the use of radar or laser
speed measurement devices.
P. Officers assigned to OP sites should be trained in the Traffic Occupant Protection
Strategies (TOPS) course approved by the Texas Commission on Law
Enforcement Officer Standards and Education (TCLEOSE).
O. Require that all officers assigned to work DWI enforcement are trained in the
NHTSA/IACP Standardized Field Sobriety Testing (SFST). Provide a letter to the
Department from the enforcement agency head, training officer, or authorized
individual stating that the officers working the grant are trained. For a first year
grant, when it includes DWI enforcement, the officers will be trained, or scheduled
to be SFST trained, by the end of the grant year.
R. Prior to conducting Speed enforcement, the Subgrantee must select and survey
enforcement sites that comply with existing state mandated speed limits in
accordance with the Texas Transportation Code, Sections 545.352 through
545.356.
S. Conduct speed zone surveys to determine appropriate STEP sites. Surveys may
be conducted prior to the beginning of the grant. Those departments choosing to
conduct the speed zone surveys during the first month of the grant must submit
them with a completed Operational Plan within the first thirty (30) days of the
grant. If the Subgrantee selects the option of submitting the Plan within the first
30 days, no enforcement activity, with the exception of the surveys, may take
place prior to receiving written Department approval of the Operational Plan.
S&S 7102 6
T. 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.
U. 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.
V. 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.
W. 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.
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.
D. 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.
S&S 7/02
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Attachment B
Fan 2077-LE(rev.M02) Traffic Safety Project Budget
(oso-EPC word sn
Page t of 2 (for Law Enforcement Projects)
Project Title: Safe & Sober (S&S) STEP
Name of Subgrantee: City of Allen
(Round figures to nearest dollar)
Other/
TxDOT State/Local TOTAL
Budget Category I — Labor Costs
(100) Salaries
® Overtime or ❑ Regular Time
Salary rates are estimated for budget purposes only.
Reimbursements will be based on actual costs per employee in
accordance with Subgrantee's payroll policy and salary rate.
List details:
A. Enforcement (overtime)
1. Officers: 1,600.00 hrs. @ $21LO per hr.
49.5 49500
2. Sergeants: 200.00 hrs. @ $38.00 per hr.
7,600 9,600
3. Lieutenants: _ hrs. @ $ per hr.
0
B. PI&E Activities (overtime)
[not to exceed 10% of (100) Salaries]
57.00 hrs. @ $38.00 per hr.
11881 L881
C. Other (i.e, overtime staff, supervisory support, conducting
surveys, in-house instructor: for OP violators course)
[not to exceed 10% of (100) Salaries]
Specify: overtime staff. suuv. support, conducting surveys
40_00 hrs. @ $38_00 per hr.
1,520 1,520
Total Salaries...............................................................................
60,501 0 60,501
(200) Fringe Benefits
List details:
A. Officers 41.8%
21,477 21,477
B. Semeants 41.8%
3,812 3,812
C.
0
D.
0
Total Fringe Benefits..................................................................
0 25,289 25,289
(300) Travel and Per Diem* .......................................................
400 400
Reimbursements will be based in accordance with Subgrentee's
travel policy, not to exceed state rates.
L Total Labor Costs (100 + 200 + 300) ...........................................
60,901 25,289 86,190
* Budget Detail: As an attachment to the budget, a justification and a detailed cost breakdown is required for all
costs included for Travel (300), Equipment (400), Supplies (500), Contractual Services (600), and Indirect Cost
Rates (800)
Attachment B
Tx00T Form 2077 -LE (rev. a2002)
(GSD -EPC Word 97) Project Title: Safe 8 Sonar (SSS) STEP
Pape 2 of 2 Subgramae: City of Allen
Budget Category II — Other Direct Costs
(400) Equipment. ..............................
(500) Supplies• .....................
(600) Contractual Services*
(700) Other Miscellaneous -
A. Subgrantee Vehicle Mileage:
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 te exceed the
state rate. Documentation of cost per mile is required prior
to reimbursement.
miles 9 $_ per mile
B. Registration fees (training, wo bns, confereacea, ar.)....... ............
C. Public information & education (PI&E) materials ..................
1. Educational items = $
(eg.: brochures, bumper stickers, posters, flims, etc.)
2. Promotional items = $
(eg.: key chains, magnets, pencils, pens, mugs, etc.)
D. Other•.............................................
........................................
Total Other Miscellaneous.........................................................
It. Total Other Direct Costs (400+500+600+700)
Budget Category III — Indirect Costs
(800) Indirect Cost Rate- (at %) .................
Summary:
Total Labor Costs ............. _................... ........... ............... _.._....
TotalOther Direct Costs ............................ .......................
Total Indirect Costs ........... ..................................................... _.
Grand Total (I+1I+III)...................................................
Food Sources (Percent
• Travel is to attend any TxDOT meetings, conferences.
' Other
Registration fees for conferences
(Round figures to nearest dollar)
Other/
TxDOT State/Local TOTAL
0
0
0
0
60,901 25,289 86,190
79 13 92
0 0 0
60,980 25,311112 96 2ez
70.68% 2932%
• Budget Detail: As an attachment to the budget, ajustification and a detailed cost breakdown is required for all
costs included for Travel (300), Equipment (400), Supplies (500), Contractual Services (600), and Indirect Cost
Rates (800)
0
79
13
92
79
13
0
0
60,901 25,289 86,190
79 13 92
0 0 0
60,980 25,311112 96 2ez
70.68% 2932%
• Budget Detail: As an attachment to the budget, ajustification and a detailed cost breakdown is required for all
costs included for Travel (300), Equipment (400), Supplies (500), Contractual Services (600), and Indirect Cost
Rates (800)
0
79
13
92
79
13
92
0
60,901 25,289 86,190
79 13 92
0 0 0
60,980 25,311112 96 2ez
70.68% 2932%
• Budget Detail: As an attachment to the budget, ajustification and a detailed cost breakdown is required for all
costs included for Travel (300), Equipment (400), Supplies (500), Contractual Services (600), and Indirect Cost
Rates (800)
naa
oparcm-
ornanapR— 5
Farts 1454 oW 5/2002)
(GSD -EPC 1 of WON 97)
Page 1 of 2
STANDARD ASSURANCES
Attachment C
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 net in connection with the application
and to provide such additional information as may be required.
2. R 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
MY measures necessary to effectuate this agreement.
3. It will comply with Title VI of Civil Rights Act of 1964 (42 USC 20004) prohibiting employment
discrimination where (1) the primary purpose of a grant is to provide employment or (2) discriminatory
employment practices will result in unequal treatment of persons who are or should be benefiting from the
grant -sided activity.
4. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property
Acquisitions Act of 1970 (PL 91-646) which provides for fair and equitable treatment of persons displaced
as a result of federal and federally assisted programs.
5. It will comply with the provisions of the Hatch Act which limit the political activity of employees.
6. It will comply with the minimum wage and maximum hours provisions of the Federal Fav 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 giant.
9. It will comply with all requirements imposed by the sponsoring agency concerning special requirements of
law, program requirements, and other administrative requirements.
TOOT Form 1854 (Rev. 5/2002)
Page 2 of 2
Attachment C (continued)
10. It will ensure 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.
it. 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 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historic
Preservation Act of 1966 (16 USC 469a-1 et se .) 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 a mitigate adverse
effects upon such properties.
13. It will comply with Chapter 573 of the Texas Government Code by ensuring that no officer, employee, or
member of the applicant's governing body of the applicant's grant shall vote or confirm the employment of
any person related within the second degree of affinity or third degree by consanguinity to any member of
the governing body or to any other officer or employee authorized to employ or supervise such person. This
prohibition shall not prohibit the employment of a person described in Section 573.062 of the Texas
Government Code.
It will ensure 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.
z xo
pt/Lnenl
r ll�nnporbann
Form 1855 (Rev. S/ 2002)
(GSD -EPC WOW 97)
Page 1 of 1
DEBARMENT CERTIFICATION
Attachment D
(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 offense in connection
with obtaining, attempting to obtain, or performing a federal, state, or local public transaction or
contract under a public transaction; violation of federal or state antitrust statutes or commission
of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
(c) Are not presently indicted for otherwise criminally or civilly charged by a federal, state, or local
governmental entity with commission of any of the offenses enumerated in paragraph (1)(b) of
this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more federal,
state, or local 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 of Certifying Official
Title
Date