HomeMy WebLinkAboutPR 23772: TO SUPPORT THE TEXAS DEPARTMENT OF TRANSPORTATION 2024 "OPERATION SLOWDOWN" PROGRAM urt rlhur"0��
7r'lrts
INTEROFFICE MEMORANDUM
Date: May 22, 2024
To: The Honorable Mayor and City Council
Through: Ronald Burton, City Manager
From: Timothy W. Duriso, Chief of Police
RE: PR 23772—Resolution to support the Texas Department of Transportation 2024
"Operation Slowdown"program.
Introduction:
The Police Department is seeking the City Council to support the Texas Department of
Transportation 2024 "Operation Slowdown Mobilization" program. Our department has been
allocated $4,210.90, with a cash match of$1,020.10, by the State of Texas.
Background:
Law Enforcement officials statewide are participating in the "Operation Slowdown" campaign to
reduce speed. From July 19th to August 4th, Texas Law Enforcement officers will increase their
efforts to ticket drivers for traveling over the posted speed. The City of Port Arthur has been
allocated $4,210.90, with a cash match of$1,020.10. All hours worked and activity conducted in
furtherance of the "Operation Slowdown" campaign will be compensated through the program.
These activities are recorded and reported to TXDOT.
Budget Impact:
The "Operation Slowdown" campaign is 75% funded by the Texas Department of Transportation,
with a 25 percent match, which would allot funds for Port Arthur Police Officers to increase traffic
enforcement in problem traffic areas in order to reduce traffic accidents and the injuries and
fatalities associated with these accidents.
Recommendation:
The Police Department recommends that the City Council supports the Texas Department of
Transportation 2024 "Click it or Ticket" program as the initiative does focus on reducing traffic
accidents, injuries, and fatalities associated with these incidents and would be beneficial to the
citizens of Port Arthur.
"Remember,we are here to serve the Citizens of Port Arthur"P.O.Box 1089 X Port Arthur,Texas 77641-1089 X
409.983.8101 X FAX 409.982.6743
P.R. No. 23772
5/17/2024 TT
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY OF PORT ARTHUR TO
SUPPORT THE FISCAL YEAR 2024 TEXAS DEPARTMENT OF
TRANSPORTATION "OPERATION SLOWDOWN" PROGRAM IN THE
AMOUNT OF $4 ,210 . 90 , WITH A CASH MATCH OF
$1 , 020 . 10 ; FUNDING FROM FUND 107 - PUBLIC SAFETY
EMERGENCY FUND
WHEREAS, the City Council and the City of Port Arthur
are dedicated to maintaining the highest degree of safety for
the motoring public in Port Arthur; and
WHEREAS, the Texas Department of Transportation advised
the FY 2024 "Operation Slowdown" Program allocation for the
City of Port Arthur is $4, 210 . 90, with a cash match of
$1, 020 . 10 .
WHEREAS, a front passenger or driver of a vehicle has a
70% higher chance of surviving a crash when wearing a seat
belt and a rear passenger who uses a lap and shoulder belt
are 44% more likely to survive in a crash than unrestrained
passengers in passenger vehicles and 73% more likely in
passenger vans and sport utility vehicles; and
WHEREAS, the "Operation Slowdown" campaign is 75%
funded by the Texas Department of Transportation and 25%
funded by the City of Port Arthur which would allot funds
for Port Arthur Police Officers to increase traffic
enforcement in problem traffic areas in order to reduce
traffic accidents and the injuries and fatalities associated
with these accidents .
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR:
Section 1 . That the facts and opinions in the preamble
are true and correct .
Section 2 . That the City Council and the City of Port
Arthur support the Fiscal Year 2024 Department of
Transportation "Operation Slowdown" Program in the amount of
$4, 210 . 90, with a cash match of $1, 020 . 10 .
P.R. No. 23772
5/17/2024 TT
Section 3. That a copy of the Resolution shall be spread
upon the minutes of the City Council.
READ, ADOPTED AND APPROVED on this day of July, A. D. ,
2024, at a Regular Meeting of the City Council of the City of
Port Arthur, Texas, by the following vote: AYES :
Mayor:
Councilmembers : f
NOES :
Thurman Bill Bartie
Mayor
ATTEST:
Sherri Bellard
City Secretary
P.R. No. 23772
5/17/2024 TT
APPROVED AS TO FORM:
t24142.
as M. Black
; Attorney
APPROVED FO N TRATION:
Ronald B on
City Manager
_2 wz..4k
Timothy W. Duriso
Chief f Police
APPROVED AS TO AVAILABILITY OF FUNDS :
(34-Y? /%6U-dj
Lynda Boswell, Finance Director
P.R. No. 23772
5/17/2024 TT
EXHIBIT "A"
Texas Traffic Safety eGrants
Fiscal Year 2024
Organization Name: City of Port Arthur Police Department
Legal Name: City of Port Arthur
Payee Identification Number: 17460018850007
Project Title: STEP - Operation Slowdown
ID: 2024-PortArthur-OpSlow-00030
Period: 07/16/2024 to 08/07/2024
City of Port Arthur Police Department
STEP - OpSlow- 2024
FOR REVIEW ONLY - NOT A LEGAL DOCUMENT
TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
THE STATE OF TEXAS
THE COUNTY OF TRAVIS
THIS AGREEMENT IS MADE BY and between the State of Texas, acting by and through the
Texas Department of Transportation, hereinafter called the Department and the, City of Port
Arthur hereinafter called the Subgrantee, and becomes effective then fully executed by both
parties. For the purpose of this agreement, the Subgrantee is designated as a(n) Local
Government/Transit District.
AUTHORITY:Texas Transportation Code, Chapter 723,the Traffic Safety Act of 1967, and
the Highway Safety Performance Plan for the Fiscal Year 2024.
Name of the Federal Agency: National Highway Traffic Safety Administration
CFDA Number: 20.600
CFDA Title: State and Community Highway Safety Grant Program
Funding Source: Section 402
Unique Entity Identifier(UEI) : EMVNEFYW2KN4
FAIN:
69A37524300004020TX0
Project Title: STEP -Operation Slowdown
This project is Not Research and Development
Grant Period: This Grant becomes effective on 07/16/2024 or on the date of final signature of
both parties, whichever is later, and ends on 08/07/2024 unless terminated or otherwise
modified.
Total Awarded: $4,210.90
Amount Eligible for Reimbursement by the Department: $3,190.80
Match Amount provided by the Subgrantee: $1,020.10
2024-PortArthur-OpSlow-00030 Printed On: 5/14/2024 Page 1 of 28
City of Port Arthur Police Department
STEP - OpSlow- 2024
FOR REVIEW ONLY - NOT A LEGAL DOC UNIENT
GENERAL LNFOR ATION
Project Title : STEP - Operation Slowdown
Project To increase effective enforcement and adjudication of traffic safety-related laws to
Description: reduce fatal and serious injury crashes and public information and education effort during
the Enforcement period_
Including this year,how many years has your organization received funding for this project?
This will be our
third year.
2024-PortArthur-OpSlow-00030 Printed On: 5/14/2024 Page 2 of 28
City of Port Arthur Police Department
STEP - OpSlow- 2024
FOR REVIEW ONLY - NOT A LEGAL DOCUMENT
GOALS STRATEGIES AND OPERATIONAL PLA
To increase effective enforcement and adjudication of traffic safety-related laws to reduce
Goal: fatal and serious injury crashes
Strategies: Increase enforcement of traffic safety-related laws.
Increase public education and information campaigns.
X I agree to the above goals and strategies.
Operational Plan
The pin-pose of this mobilization is to conduct high-visibility saturation patrols within the Enforcement Zones
identified in the Operational Plan(Enforcement Zone)section of the grant for at least four days during the
enforcement periods outlined in the sections below. Subgrantee must also perform pre-enforcement
earned-media campaigns for each enforcement period.
Pre-Media Efforts Before Enforcement period July 16
Conduct local media events immediately before the enforcement effort to maximize the visibility '021
of enforcement to the public. These media events tell the public when, where, how and why the Jul' 1$;
traffic laws are being enforced. These activities must occur prior to enforcement activities 202-
beginning.
Enforcement Period
Officers working Operation: Slowdown must conduct high-visibility overtime enforcement
activities focused on reducing the number of Fatal(It)and Suspected Serious Injury(A)crashes
involving contributing factors commonly associated with speed. Officers should conduct grant July 19,
enforcement efforts by moving at or slightly below the speed limit with traffic_ While officers 2024 -
working STEP enforcement should focus on violations that contribute to speed-related crashes, August
any probable cause may be used to initiate a vehicle stop within the established enforcement 04, 2024
zones. Officers working STEP-OpSlow should remain mobile when possible and work steadily
throughout the shift to document stopping an average of 2.5 vehicles in each STEP enforcement
hour.
Post-Media Efforts After Enforcement period August
Conduct local media events informing the public about the importance and effectiveness of 05, 2024
maintaining a safe speed and relative distance to other vehicles when driving. The Post-Media - August
Campaign may begin immediately upon completion of the enforcement period. 07, 2024
July 16,
Reporting Period 2024 -
Agencies will submit a performance report during this time period. August
07, 2024
2024-PortArthur-OpSlow-00030 Printed On: 5/14/2024 Page 23 of 28
City of Port Arthur Police Department
STEP - OpSlow- 2024
FOR REVIEW ONLY - NOT A LEGAL DOCUMENT
LAW ENFORCEIIENT OBJECTII'E/PERFORIL&'SCE IIEASLRE
STEP enforcement grants are focused on reducing crashes and Operation: Slowdown enforcement grants
specifically focus on reducing Fatal(K)or Suspected-Serious-Injury(A)crashes involving contributing
factors commonly associated with speed_ The blanks on this page represent the baseline number of speed-
involved KA crashes(Speed-KA): and the KA crash targets each agency hopes to achieve through
enforcement efforts associated with this grant project. The data entered on this page is the basis for the
grant's enforcement performance measures_ The Baseline KA crash data is provided by TxDOT using a 3-
year rolling average of Speed-KA crashes as reported to TxDOT's Crash Reporting Information System
(CRIS)database. The Target number of KA crashes should be less than the number of Baseline KA
crashes.
Baseline: KA Crashes involving Speed(Speed-KA)for subgrantee's jurisdiction 1
Target:Reduce the number of Speed-related KA crashes to 0
Note: Nothing in this agreement shall be interpreted as a requirement,formal or informal,that
a peace officer issue a specified or predetermined number of citations in pursuance of the
Subgrantee's obligations hereunder. Department and Subgrantee acknowledge that Texas
Transportation Code Section 720.002 prohibits using traffic-offense quotas and agree that
nothing in this Agreement is establishing an illegal quota. In addition to the STEP enforcement
activities,the subgrantee must maintain baseline non-STEP funded citation and arrest activity
due to the prohibition of supplanting.
2024-PortArthur-OpSlow-00030 Printed On: 5/14/2024 Page 25 of 28
City of Port Arthur Police Department
STEP - OpSlow- 2024
FOR REVIEW ONLY - NOT A LEGAL DOCUMENT
PI&E OBJECTI«1PERFORMIANCE MEASURE
XI agree to the below efforts with a public information and education(PI&.E)program.
a_ Conduct a minimum of one(1)presentations
b. Conduct a minimum of two(2)media exposures(e.g.news conferences,news releases,interviews,
mobilization-appropriate social media posts)
c. Conduct a minimum of one(1)community events(e.g.health fairs, booths)
2024-PortArthur-OpSlow-00030 Printed On: 5/14/2024 Page 26 of 28
City of Port Arthur Police Department
STEP - OpSlow- 2024
FOR REVIEW- ONLY - NOT A LEGAL DOCUMENT
OPERATIONAL PLAN(ENFORCEMENT ZONES)
Instructions :
• Agency must use the appropriate STEP heat maps to develop Enforcement Zones where all
enforcement activities under this grant will be conducted. There will be no"jurisdiction-wide"
enforcement zones.
• Enforcement Zones are limited in size to maximum of 4 linear or 4 square miles each and should
bound high-crash locations. Each detail map must show the entire zone and a measurement of that
zone, with one zone per uploaded detail map. Additional documentation may be provided to further
define the enforcement zone boundaries and should be scanned and uploaded using the "Additional
Documentation"upload button.Each agency will be allowed a minimum of 2 enforcement zones. The
maximum number of allowable zones for an agency is determined by dividing the total number of
enforcement hours by 40 and rounding to the nearest whole number.
• Agencies are expected to document initiating an agency-wide average of 2.5 vehicle stops per
enforcement hour within the zones attached to and described in this section. The numbers used to
calculate the 2.5 agency-wide average will be adjusted to allow for enforcement time(or"arrest
hours") spent transporting arrestees for booking.
• Please complete this page,then click the Save button. Required fields are marked with an *_
• Click Add button to create another zone
• Zone Name should match file name of uploaded supporting map.Each attachment need to be less
than 4MB
Zone Name Zone 1
Zone Description 1100 Jefferson Dr to 3900 Twin City Hwy(Hwy 347)
Zone Hours
24 7
https: www.dot.state_tx_usrapps egrants`_Lpload"1304580_341678-
Zone Detail Map Zone imapOPSlow2024.pdf
Additional https: www.dot.state_tx.us apps egrants'_Lpload'1304580_341679-
Documentation Zone 1mapOpSlow2024Google.pdf
2024-PortArthur-OpSlow-00030 Printed On: 5/14/2024 Page 27 of 28
City of Port Arthur Police Department
STEP - OpSlow- 2024
FOR REVIEW ONLY - NOT A LEGAL DOCUMENT
Budget Summary
TxDOT Match Total
Budget Category
Category I -Labor Costs
(100) Salaries $3.190.80 $0 $3,190.80
(200) Fringe Benefits $0 $701.02 $701.02
Category I Sub- $3,190.80 $701,02
Total
Category II -Other Direct Costs
(300) Travel $0 $0 $0
(400) Equipment $0 $0 $0
(500) Supplies $0 $0 $0
(600) Contractual $0 $0 $0
Services
Other $0 $0 $0
(700) Miscellaneous
Category II Sub- $0 $0 $0
Total
Total Direct Costs $3,190,80 $701.02 $3.891.82
Category III -Indirect Costs
(800) Indirect Cost Rate $0 $319 08 $319.08
Summary
Total Labor Costs $3.190.80 $701.02 $3,891.82
Total Direct Costs $0 $0 $0
Total Indirect $0 $319.08 $319.08
Costs
Grand Total $3.190.80 $1,020.10 $4,210.90
Fund Sources 75 77% 24 23%
(Percent Share)
2024-PortArthur-OpSlow-00030 Printed On: 5/14/2024 Page 28 of 28
RESPONSIBILITIES OF THE SUBGRANTEE
A. Carry out all performance measures established in the grant, including fulfilling the
law enforcement objectives by implementing the Operational Plan contained in this
Grant Agreement.
B. Submit all required reports to the Department (TxDOT) fully completed with the most
current information, and within the required times, as defined in Article 3 and Article 7 of
the General Terms and Conditions of this Grant Agreement. This includes reporting to
the Department on progress, achievements, and problems in monthly Performance
Reports and attaching necessary source documentation to support all costs claimed in
Requests for Reimbursement (RFR).
C. Attend grant related training as requested by the Department
D. Attend meetings according to the following:
1. The Department will arrange for meetings with the Subgrantee to present status of
activities and to discuss problems and the schedule for grant related activities.
2. The project director or other appropriate qualified persons will be available to
represent the Subgrantee at meetings requested by the Department.
E. Support grant enforcement efforts with public information and education (PI&E)
activities. Salaries being claimed for PI&E activities must be included in the budget.
F. For out of state travel expenses to be reimbursable, the Subgrantee must have
obtained the written approval of the Department, through eGrants system messaging,
prior to the beginning of the trip. Grant approval does not satisfy this requirement..
G. Maintain verification that all expenses, including wages or salaries, for which
reimbursement is requested, is for work exclusively related to this project.
H. Ensure that this grant will in no way supplant (replace) funds from other sources.
Supplanting refers to the use of federal funds to support personnel or any activity
already supported by local or state funds.
I. Ensure that each officer working on the STEP project will complete an officer's daily
activity report form. The form should include at a minimum: name, date, badge or
identification number, type of grant worked, Enforcement Zone identifier, mileage
(including starting and ending mileage), hours worked, type of warning or citation issued
or arrest made, officer and supervisor signatures.
J. All STEP agencies must provide the following provision in all daily activity report
forms:
"I understand that this information is being submitted to support a claim against a
federally-funded grant program. False statements on this form may be prosecutable
under 18 USC 1001. This information on this form is true, correct, and complete to the
best of my knowledge and ability."
The above language should be added to the activity reports immediately above the
signature lines of the officer and supervisor.
K. Ensure that no officer above the rank of Lieutenant (or equivalent title) will be
reimbursed for enforcement duty unless the Subgrantee received specific written
authorization from the Department, through eGrants system messaging, prior to
incurring costs.
L. 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.
M. 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, and a copy
maintained for verification during the grant year.
N. Officers working DWI enforcement must be trained in the National Highway Traffic
Safety Administration/International Association of Chiefs of Police Standardized Field
Sobriety Testing (SFST). In the case of a first year subgrantee, the officers must be
trained, or scheduled to be SFST trained, by the end of the grant year. For second or
subsequent year grants, all officers working DWI enforcement must be SFST trained.
O. The Subgrantee should have a procedure in place for contacting and using drug
recognition experts (DREs) when necessary.
P. The Subgrantee is encouraged to use the DWI On-line Reporting System available
through the Buckle Up Texas Web site at www.buckleuptexas.com.
Revised: 11/07/2017
RESPONSIBILITIES OF THE DEPARTMENT
A. Monitor the Subgrantee's compliance with the performance obligations and fiscal requirements
of this Grant Agreement using appropriate and necessary monitoring and inspections,
including but not limited to:
1 . review of periodic reports
2. physical inspection of project records and supporting documentation
3. telephone conversations
4. e-mails and letters
5. meetings
6. eGrants
B. Provide program management and technical assistance.
C. Attend appropriate meetings.
D. Reimburse the Subgrantee for all eligible costs as defined in the project budget. Requests for
Reimbursement will be processed up to the maximum amount payable as indicated in the
project budget.
E. Perform an administrative review of the project at the close of the grant period to:
1 . Ascertain whether or not the project objectives were met
2. Review project accomplishments (performance measures completed, targets achieved)
3. Account for any approved Program Income earned and expended
4. Identify exemplary performance or best practices
Revised: 11/07/2017
a
Texas Traffic Safety Program
GRANT AGREEMENT GENERAL TERMS AND CONDITIONS
Definitions: For purposes of these Terms and Conditions, the "Department" is also known
as the "State" and the "prospective primary participant" and the "Subgrantee" is also
known as the "Subrecipient" and "prospective lower tier participant"
ARTICLE 1. COMPLIANCE WITH LAWS
The Subgrantee shall comply with all federal, state, and local laws, statutes, codes,
ordinances, rules and regulations, and the orders and decrees of any courts or
administrative bodies or tribunals in any matter affecting the performance of this
agreement, including, without limitation, workers' compensation laws, minimum and
maximum salary and wage statutes and regulations, nondiscrimination laws and
regulations, and licensing laws and regulations. When required, the Subgrantee shall
furnish the Department with satisfactory proof of compliance.
ARTICLE 2. STANDARD ASSURANCES
The Subgrantee assures and certifies that it will comply with the regulations, policies,
guidelines, and requirements, including 2 CFR, Part 200; and the Department's Traffic
Safety Program Manual, as they relate to the application, acceptance, and use of federal
or state funds for this project. Also, the Subgrantee assures and certifies that:
A. It possesses legal authority to apply for the grant; and that a resolution, motion, or
similar action has been duly adopted or passed as an official act of the applicant's
governing body, authorizing the filing of the application, including all understandings
and assurances contained in the application, and directing and authorizing the person
identified as the official representative of the applicant to act in connection with the
application and to provide any additional information that may be required.
B. It and its subcontractors will comply with Title VI of the Civil Rights Act of 1964 (Public
Law 88-352), as amended, and in accordance with that Act, no person shall
discriminate, on the grounds of race, color, sex, national origin, age, religion, or
disability.
C. It will comply with requirements of the provisions of the Uniform Relocation Assistance
and Real Property Acquisitions Act of 1970, as amended; 42 USC (United States
Code) §§4601 et seq.; and United States Department of Transportation (USDOT)
regulations, "Uniform Relocation and Real Property Acquisition for Federal and
Federally Assisted Programs," 49 CFR, Part 24, which provide for fair and equitable
treatment of persons displaced as a result of federal and federally assisted programs.
D. Political activity (Hatch Act) (applies to subrecipients as well as States). The State will
comply with provisions of the Hatch Act (5 U.S.C. 1501-1508) which limits the political
activities of employees whose principal employment activities are funded in whole or in
part with Federal funds.
Revised 7/18/2019
E. It will comply with the federal Fair Labor Standards Act's minimum wage and overtime
requirements for employees performing project work.
F. 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.
G. It will give the Department the access to and the right to examine all records, books,
papers, or documents related to this Grant Agreement.
H. It will comply with all requirements imposed by the Department concerning special
requirements of law, program requirements, and other administrative requirements.
I. It recognizes that many federal and state laws imposing environmental and resource
conservation requirements may apply to this Grant Agreement. Some, but not all, of
the major federal laws that may affect the project include: the National Environmental
Policy Act of 1969, as amended, 42 USC §§4321 et seq.; the Clean Air Act, as
amended, 42 USC §§7401 et seq. and sections of 29 USC; the Federal Water
Pollution Control Act, as amended, 33 USC §§1251 et seq.; the Resource
Conservation and Recovery Act, as amended, 42 USC §§6901 et seq.; and the
Comprehensive Environmental Response, Compensation, and Liability Act, as
amended, 42 USC §§9601 et seq. The Subgrantee also recognizes that the U.S.
Environmental Protection Agency, USDOT, and other federal agencies have issued,
and in the future are expected to issue, regulations, guidelines, standards, orders,
directives, or other requirements that may affect this Project. Thus, it agrees to
comply, and assures the compliance of each contractor and each subcontractor, with
any federal requirements that the federal government may now or in the future
promulgate.
J. It will comply with the flood insurance purchase requirements of Section 102(a) of the
Flood Disaster Protection Act of 1973, 42 USC §4012a(a). Section 102(a) requires, on
and after March 2, 1975, the purchase of flood insurance in communities where that
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.
K. It will assist the Department in its compliance with Section 106 of the National Historic
Preservation Act of 1966 as amended (16 USC 470 et seq.), Executive Order 11593,
and the Antiquities Code of Texas (National Resources Code, Chapter 191).
L. It will comply with Chapter 573 of the Texas Government Code by ensuring that no
officer, employee, or member of the Subgrantee's governing board or the
Subgrantee's subcontractors 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
Revised 7/18/2019
employ or supervise that person. This prohibition shall not apply to the employment of
a person described in Section 573.062 of the Texas Government Code.
M. 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.
N. If applicable, 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.
ARTICLE 3. 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 the Project Budget. The amount included in a
Project Budget category will be deemed to be an estimate only and a higher amount
can be reimbursed, subject to the conditions specified in paragraph B of this Article. If
the 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 will be made in accordance with the Project Budget.
1. The Subgrantee's expenditures may overrun a budget category (I, II, or III) in the
approved Project Budget without a grant (budget) amendment, as long as the
overrun does not exceed a total of five (5) percent of the maximum amount eligible
for reimbursement (TxDOT) in the attached Project Budget for the current fiscal
year. This overrun must be off-set by an equivalent underrun elsewhere in the
Project Budget.
2. If the overrun is five (5) percent or less, the Subgrantee must provide written
notification to the Department, through the TxDOT Electronic Grants Management
System (eGrants), prior to the Request for Reimbursement being approved. The
notification must indicate the amount, the percent over, and the specific reason(s)
for the overrun.
3. Any overrun of more than five (5) percent of the amount eligible for reimbursement
(TxDOT) in the attached Project Budget requires an amendment of this Grant
Agreement.
4. The maximum amount eligible for reimbursement shall not be increased above the
Grand Total TxDOT Amount in the approved Project Budget, unless this Grant
Agreement is amended, as described in Article 5 of this agreement.
5. For Selective Traffic Enforcement Program (STEP) grants only: In the Project
Budget, Subgrantees are not allowed to use underrun funds from the TxDOT
amount of (100) Salaries, Subcategories A, "Enforcement," or B, "PI&E Activities,"
to exceed the TxDOT amount listed in Subcategory C, "Other." Also, Subgrantees
Revised 7/18/2019
are not allowed to use underrun funds from the TxDOT amount of (100) Salaries,
Subcategories A, "Enforcement," or C, "Other," to exceed the TxDOT amount listed
in Subcategory B, "Pl&E Activities." The TxDOT amount for Subcategory B, "Pl&E
Activities," or C, "Other," can only be exceeded within the five (5) percent flexibility,
with underrun funds from Budget Categories II or Ill.
C. To be eligible for reimbursement under this agreement, a cost must be incurred in
accordance with the Project Budget, within the time frame specified in the Grant
Period of this Grant Agreement, attributable to work covered by this agreement, and
which has been completed in a manner satisfactory and acceptable to the
Department.
D. Federal or TxDOT funds cannot supplant (replace) funds from any other sources. The
term "supplanting," refers to the use of federal or TxDOT funds to support personnel or
an activity already supported by local or state funds.
E. Payment of costs incurred under this agreement is further governed by the cost
principles outlined in 2 CFR Part 200.
F. The Subgrantee agrees to submit monthly Requests for Reimbursement, as
designated in this Grant Agreement, within thirty (30) days after the end of the billing
period. The Request for Reimbursement and appropriate supporting documentation
must be submitted through eGrants.
G. The Subgrantee agrees to submit the final Request for Reimbursement under this
agreement within forty-five (45) days of the end of the grant period.
H. Payments are contingent upon the availability of appropriated funds.
I. Project agreements supported with federal or TxDOT funds are limited to the length of
this Grant Period specified in this Grant Agreement. If the Department determines that
the project has demonstrated merit or has potential long-range benefits, the
Subgrantee may apply for funding assistance beyond the initial agreement period.
Preference for funding will be given to projects based on (1) proposed cost sharing and
(2) demonstrated performance history.
ARTICLE 4. LIMITATION OF LIABILITY
Payment of costs incurred under this agreement is contingent upon the availability of
funds. If at any time during this Grant Period, the Department determines that there is
insufficient funding to continue the project, the Department shall notify the Subgrantee,
giving notice of intent to terminate this agreement, as specified in Article 11 of this
agreement. If at the end of a federal fiscal year, the Department determines that there is
sufficient funding and performance to continue the project, the Department may notify the
Subgrantee to continue this agreement.
Revised 7/18/2019
ARTICLE 5. AMENDMENTS
This agreement may be amended prior to its expiration by mutual written consent of both
parties, utilizing the Grant Agreement Amendment in eGrants. Any amendment must be
executed by the parties within the Grant Period, as specified in this Grant Agreement.
ARTICLE 6. ADDITIONAL WORK AND CHANGES IN WORK
A. If the Subgrantee is of the opinion that any assigned work is beyond the scope of this
agreement and constitutes additional work, the Subgrantee shall promptly notify the
Department in writing through eGrants. If the Department finds that such work does
constitute additional work, the Department shall advise the Subgrantee and a written
amendment to this agreement will be executed according to Article 5, Amendments, to
provide compensation for doing this work on the same basis as the original work. If
performance of the additional work will cause the maximum amount payable to be
exceeded, the work will not be performed before a written grant amendment is
executed.
B. If the Subgrantee has submitted work in accordance with the terms of this agreement
but the Department requests changes to the completed work or parts of the work
which involve changes to the original scope of services or character of work under this
agreement, the Subgrantee shall make those revisions as requested and directed by
the Department. This will be considered as additional work and will be paid for as
specified in this Article.
C. If the Subgrantee submits work that does not comply with the terms of this agreement,
the Department shall instruct the Subgrantee to make any revisions that are necessary
to bring the work into compliance with this agreement. No additional compensation
shall be paid for this work.
D. The Subgrantee shall make revisions to the work authorized in this agreement that are
necessary to correct errors or omissions, when required to do so by the Department.
No additional compensation shall be paid for this work.
E. The Department shall not be responsible for actions by the Subgrantee or any costs
incurred by the Subgrantee relating to additional work not directly associated with or
prior to the execution of an amendment.
ARTICLE 7. REPORTING AND MONITORING
A. Not later than thirty (30) days after the end of each reporting period, the Subgrantee
shall submit a performance report through eGrants. Reporting periods vary by project
duration and are defined as follows:
1. For short term projects, the reporting period is the duration of the project.
Subgrantee shall submit a performance report within 30 days of project completion.
2. For longer projects, the reporting period is monthly. Subgrantee shall submit a
Revised 7/18/2019
performance report within 30 days of the completion of each project month and
within 30 days of project completion.
3. For Selective Traffic Enforcement Program (STEP) Wave projects, the reporting
period is each billing cycle. Subgrantee shall submit a performance report within 30
days of the completion of each billing cycle.
B. 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 and performance measures were not met, if appropriate, and
(3) other pertinent information, including, when appropriate, an analysis and
explanation of cost underruns, overruns, or high unit costs.
C. The Subgrantee shall promptly advise the Department in writing, through eGrants, of
events that will have a significant impact upon this agreement, including:
1. Problems, delays, or adverse conditions, including a change of project director or
other changes in Subgrantee personnel, that will materially affect the ability to
attain objectives and performance measures, prevent the meeting of time
schedules and objectives, or preclude the attainment of project objectives or
performance measures by the established time periods. This disclosure shall be
accompanied by a statement of the action taken or contemplated and any
Department or federal assistance needed to resolve the situation.
2. Favorable developments or events that enable meeting time schedules and
objectives sooner than anticipated or achieving greater performance measure
output than originally projected.
D. The Subgrantee shall submit the Final Performance Report through eGrants within
thirty (30) days after completion of the grant.
ARTICLE 8. RECORDS
The Subgrantee agrees to maintain all reports, documents, papers, accounting records,
books, and other evidence pertaining to costs incurred and work performed under this
agreement (called the "Records"), and shall make the Records available at its office for
the time period authorized within the Grant Period, as specified in this Grant Agreement.
The Subgrantee further agrees to retain the Records for four (4) years from the date of
final payment under this agreement, until completion of all audits, or until pending
litigation has been completely and fully resolved, whichever occurs last.
Duly authorized representatives of the Department, the USDOT, the Office of the
Inspector General, Texas State Auditor, and the Comptroller General shall have access to
the Records. This right of access is not limited to the four (4) year period but shall last as
long as the Records are retained.
Revised 7/18/2019
ARTICLE 9. INDEMNIFICATION
A. To the extent permitted by law, the Subgrantee, if other than a government entity, shall
indemnify, hold, and save harmless the Department and its officers and employees
from all claims and liability due to the acts or omissions of the Subgrantee, its agents,
or employees. The Subgrantee also agrees, to the extent permitted by law, to
indemnify, hold, and save harmless the Department from any and all expenses,
including but not limited to attorney fees, all court costs and awards for damages
incurred by the Department in litigation or otherwise resisting claims or liabilities as a
result of any activities of the Subgrantee, its agents, or employees.
B. To the extent permitted by law, the Subgrantee, if other than a government entity,
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 to or
death of any employee resulting from any alleged negligent act, by either commission
or omission on the part of the Subgrantee.
C. If the Subgrantee is a government entity, both parties to this agreement agree that no
party is an agent, servant, or employee of the other party and each party agrees it is
responsible for its individual acts and deeds, as well as the acts and deeds of its
contractors, employees, representatives, and agents.
ARTICLE 10. DISPUTES AND REMEDIES
This agreement supersedes any prior oral or written agreements. If a conflict arises
between this agreement and the Traffic Safety Program Manual, this agreement shall
govern. The Subgrantee shall be responsible for the settlement of all contractual and
administrative issues arising out of procurement made by the Subgrantee in support of
work under this agreement. Disputes concerning performance or payment shall be
submitted to the Department for settlement, with the Executive Director or his or her
designee acting as final referee.
ARTICLE 11. TERMINATION
A. This agreement shall remain in effect until the Subgrantee has satisfactorily completed
all services and obligations described in this agreement and these have been
accepted by the Department, unless:
1. This agreement is terminated in writing with the mutual consent of both parties; or
2. There is a written thirty (30) day notice by either party; or
3. The Department determines that the performance of the project is not in the best
interest of the Department and informs the Subgrantee that the project is
terminated immediately.
B. The Department shall compensate the Subgrantee for only those eligible expenses
Revised 7/18/2019
incurred during the Grant Period specified in this Grant Agreement that are directly
attributable to the completed portion of the work covered by this agreement, provided
that the work has been completed in a manner satisfactory and acceptable to the
Department. The Subgrantee shall not incur nor be reimbursed for any new obligations
after the effective date of termination.
ARTICLE 12. INSPECTION OF WORK
A. The Department and, when federal funds are involved, the USDOT, or any of their
authorized representatives, have the right at all reasonable times to inspect or
otherwise evaluate the work performed or being performed under this agreement and
the premises in which it is being performed.
B. If any inspection or evaluation is made on the premises of the Subgrantee or its
subcontractor, the Subgrantee shall provide and require its 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 a
manner that will not unduly delay the work.
ARTICLE 13. AUDIT
The state auditor may conduct an audit or investigation of any entity receiving funds from
the state directly under this agreement or indirectly through a subcontract under this
agreement. Acceptance of funds directly under this agreement or indirectly through a
subcontract under this agreement acts as acceptance of the authority of the State Auditor,
under the direction of the legislative audit committee, to conduct an audit or investigation
in connection with those funds. An entity that is the subject of an audit or investigation
must provide the state auditor with access to any information the state auditor considers
relevant to the investigation or audit.
ARTICLE 14. SUBCONTRACTS
A subcontract in excess of $25,000 may not be executed by the Subgrantee without prior
written concurrence by the Department. Subcontracts in excess of$25,000 shall contain
all applicable terms and conditions of this agreement. No subcontract will relieve the
Subgrantee of its responsibility under this agreement.
ARTICLE 15. GRATUITIES
A. Texas Transportation Commission policy mandates that employees of the Department
shall not accept any benefit, gift, or favor from any person doing business with or who,
reasonably speaking, may do business with the Department under this agreement.
The only exceptions allowed are ordinary business lunches and items that have
received the advanced written approval of the Department's Executive Director.
B. Any person doing business with or who reasonably speaking may do business with the
Department under this agreement may not make any offer of benefits, gifts, or favors
Revised 7/18/2019
to Department employees, except as mentioned here above. Failure on the part of the
Subgrantee to adhere to this policy may result in termination of this agreement.
ARTICLE 16. NONCOLLUSION
The Subgrantee warrants that it has not employed or retained any company or person,
other than a bona fide employee working solely for the Subgrantee, 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, contingent fee, or gift.
ARTICLE 17. CONFLICT OF INTEREST
The Subgrantee represents that it or its employees have no conflict of interest that would
in any way interfere with its or its employees' performance or which in any way conflicts
with the interests of the Department. The Subgrantee shall exercise reasonable care and
diligence to prevent any actions or conditions that could result in a conflict with the
Department's interests.
ARTICLE 18. SUBGRANTEE'S RESOURCES
A. The Subgrantee certifies 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.
B. All employees of the Subgrantee shall have the knowledge and experience that will
enable them to perform the duties assigned to them. Any employee of the Subgrantee
who, in the opinion of the Department, is incompetent or whose conduct becomes
detrimental to the work, shall immediately be removed from association with the
project.
C. Unless otherwise specified, the Subgrantee shall furnish all equipment, materials,
supplies, and other resources required to perform the work.
ARTICLE 19. PROCUREMENT AND PROPERTY MANAGEMENT
The Subgrantee shall establish and administer a system to procure, 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 procurement and
property management procedures, provided that the procedures are not in conflict with (1)
the Department's procurement and property management standards and (2) the federal
procurement and property management standards provided by 2 CFR §§ 200.310-.316,
200.318-.324.
Revised 7/18/2019
ARTICLE 20. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY
Upon completion or termination of this Grant Agreement, whether for cause or at the
convenience of the parties, all finished or unfinished documents, data, studies, surveys,
reports, maps, drawings, models, photographs, etc. prepared by the Subgrantee, and
equipment and supplies purchased with grant funds shall, at the option of the Department,
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.
A. Intellectual property consists of copyrights, patents, and any other form of intellectual
property rights covering any databases, software, inventions, training manuals,
systems design, or other proprietary information in any form or medium.
B. All rights to Department. The Department shall own all of the rights (including
copyrights, copyright applications, copyright renewals, and copyright extensions), title
and interests in and to all data, and other information developed under this contract
and versions thereof unless otherwise agreed to in writing that there will be joint
ownership.
C. All rights to Subgrantee. Classes and materials initially developed by the Subgrantee
without any type of funding or resource assistance from the Department remain the
Subgrantee's intellectual property. For these classes and materials, the Department
payment is limited to payment for attendance at classes.
ARTICLE 21. 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 the other party in respect to all covenants of this
agreement. The Subgrantee shall not assign, sublet, or transfer interest and obligations in
this agreement without written consent of the Department through eGrants.
ARTICLE 22. CIVIL RIGHTS COMPLIANCE
A. Compliance with regulations: The Subgrantee shall comply with the regulations
relative to nondiscrimination in federally-assisted programs of the United States
Department of Transportation (USDOT): 49 CFR, Part 21; 23 CFR, Part 200; and 41
CFR, Parts 60-74, as they may be amended periodically (called the "Regulations").
The Subgrantee agrees to comply with Executive Order 11246, entitled "Equal
Employment Opportunity," as amended by Executive Order 11375 and as
supplemented by the U.S. Department of Labor regulations (41 CFR, Part 60).
B. Nondiscrimination: (applies to subrecipients as well as States) The State highway
safety agency will comply with all Federal statutes and implementing regulations
relating to nondiscrimination ("Federal Nondiscrimination Authorities"). These include
but are not limited to:
Revised 7/18/2019
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252),
(prohibits discrimination on the basis of race, color, national origin) and 49 CFR part
21;
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose
property has been acquired because of Federal or Federal-aid programs and
projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the
Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-
1686) (prohibit discrimination on the basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended,
(prohibits discrimination on the basis of disability) and 49 CFR part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.),
(prohibits discrimination on the basis of age);
• The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope,
coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age
Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by
expanding the definition of the terms "programs or activities" to include all of the
programs or activities of the Federal aid recipients, subrecipients and contractors,
whether such programs or activities are Federally-funded or not);
• Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189)
(prohibits discrimination on the basis of disability in the operation of public entities,
public and private transportation systems, places of public accommodation, and
certain testing) and 49 CFR parts 37 and 38;
• Executive Order 12898, Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations (prevents discrimination
against minority populations by discouraging programs, policies, and activities with
disproportionately high and adverse human health or environmental effects on minority
and low-income populations); and
• Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency (guards against Title VI national origin
discrimination/discrimination because of limited English proficiency (LEP) by ensuring
that funding recipients take reasonable steps to ensure that LEP persons have
meaningful access to programs (70 FR 74087-74100).
The State highway safety agency-
• Will take all measures necessary to ensure that no person in the United States shall,
on the grounds of race, color, national origin, disability, sex, age, limited English
Revised 7/18/2019
proficiency, or membership in any other class protected by Federal Nondiscrimination
Authorities, be excluded from participation in, be denied the benefits of, or be
otherwise subjected to discrimination under any of its programs or activities, so long
as any portion of the program is Federally-assisted;
• Will administer the program in a manner that reasonably ensures that any of its
subrecipients, contractors, subcontractors, and consultants receiving Federal financial
assistance under this program will comply with all requirements of the Non-
Discrimination Authorities identified in this Assurance;
• Agrees to comply (and require its subrecipients, contractors, subcontractors, and
consultants to comply) with all applicable provisions of law or regulation governing US
DOT's or NHTSA's access to records, accounts, documents, information, facilities, and
staff, and to cooperate and comply with any program or compliance reviews, and/or
complaint investigations conducted by US DOT or NHTSA under any Federal
Nondiscrimination Authority;
• Acknowledges that the United States has a right to seek judicial enforcement with
regard to any matter arising under these Non-Discrimination Authorities and this
Assurance;
• Agrees to insert in all contracts and funding agreements with other State or private
entities the following clause:
"During the performance of this contract/funding agreement, the contractor/funding
recipient agrees-
a. To comply with all Federal nondiscrimination laws and regulations, as may be
amended from time to time;
b. Not to participate directly or indirectly in the discrimination prohibited by any
Federal non-discrimination law or regulation, as set forth in appendix B of 49 CFR
part 21 and herein;
c. To permit access to its books, records, accounts, other sources of information, and
its facilities as required by the State highway safety office, US DOT or NHTSA;
d. That, in event a contractor/finding recipient fails to comply with any
nondiscrimination provisions in this contract/funding agreement, the State highway
safety agency will have the right to impose such contract/agreement sanctions as it
or NHTSA determine are appropriate, including but not limited to withholding
payments to the contractor/funding recipient under the contract/agreement until the
contractor/funding recipient complies; and/or cancelling, terminating, or suspending
a contract or funding agreement, in whole or in part; and
e. To insert this clause, including paragraphs (a) through (e), in every subcontract
and subagreement and in every solicitation for a subcontract or sub-agreement,
Revised 7/18/2019
that receives Federal funds under this program.
C. Solicitations for subcontracts, including procurement of materials and equipment: In all
solicitations either by competitive bidding or negotiation made by the Subgrantee for
work to be performed under a subcontract, including procurements of materials and
leases of equipment, each potential subcontractor or supplier shall be notified by the
Subgrantee of the Subgrantee's obligations under this agreement and the regulations
relative to nondiscrimination on the grounds of race, color, sex, national origin, age,
religion, or disability.
D. 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 USDOT to be pertinent to ascertain
compliance with the 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 certify that to the Department or the USDOT,
whichever is appropriate, and shall set forth what efforts the Subgrantee has made to
obtain the requested information.
E. Sanctions for noncompliance: In the event of the Subgrantee's noncompliance with the
nondiscrimination provision of this agreement, the Department shall impose such
sanctions as it or the USDOT may determine to be appropriate.
F. Incorporation of provisions: The Subgrantee shall include the provisions of paragraphs
A. through E. in every subcontract, including procurements of materials and leases of
equipment, unless exempt by the regulations or directives. The Subgrantee shall take
any action with respect to any subcontract or procurement that the Department may
direct as a means of enforcing those provisions, including sanctions for
noncompliance. However, 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 litigation to protect the
interests of the state; and in addition, the Subgrantee may request the United States to
enter into such litigation to protect the interests of the United States.
ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM
A. The parties shall comply with the DBE Program requirements established in 49 CFR
Part 26.
B. The Subgrantee shall adopt, in its totality, the Department's federally approved DBE
program.
C. The Subgrantee shall set an appropriate DBE goal consistent with the Department's
DBE guidelines and in consideration of the local market, project size, and nature of the
goods or services to be acquired. The Subgrantee shall have final decision- making
authority regarding the DBE goal and shall be responsible for documenting its actions.
Revised 7/18/2019
D. The Subgrantee shall follow all other parts of the Department's DBE program
referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the
Adoption of the Texas Department of Transportation's Federally-Approved
Disadvantaged Business Enterprise by Entity and attachments found at web address _
http://www.txdot.gov/business/partnerships/dbe.html
E. The Subgrantee shall not discriminate on the basis of race, color, national origin, or
sex in the award and performance of any USDOT-assisted contract or in the
administration of its DBE program or the requirements of 49 CFR Part 26. The
Subgrantee shall take all necessary and reasonable steps under 49 CFR Part 26 to
ensure non-discrimination in award and administration of USDOT-assisted contracts.
The Department's DBE program, as required by 49 CFR Part 26 and as approved by
USDOT, is incorporated by reference in this agreement. Implementation of this
program is a legal obligation and failure to carry out its terms shall be treated as a
violation of this agreement. Upon notification to the Subgrantee of its failure to carry
out its approved program, the Department may impose sanctions as provided for
under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement
under 18 USC 1001 and the Program Fraud Civil Remedies Act of 1986 (31 USC
3801 et seq.).
F. Each contract the Subgrantee signs with a contractor (and each subcontract the prime
contractor signs with a sub-contractor) must include the following assurance: The
contractor, sub-recipient, or sub-contractor shall not discriminate on the basis of race,
color, national origin, or sex in the performance of this contract. The contractor shall
carry out applicable requirements of 49 CFR Part 26 in the award and administration
of USDOT-assisted contracts. Failure by the contractor to carry out these
requirements is a material breach of this agreement, which may result in the
termination of this agreement or such other remedy as the recipient deems
appropriate.
ARTICLE 24. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to subrecipients as well as States)
Instructions for Primary Tier Participant Certification (States)
1. By signing and submitting this proposal, the prospective primary tier participant is
providing the certification set out below and agrees to comply with the requirements of 2
CFR parts 180 and 1200.
2. The inability of a person to provide the certification required below will not necessarily
result in denial of participation in this covered transaction. The prospective primary tier
participant shall submit an explanation of why it cannot provide the certification set out
below. The certification or explanation will be considered in connection with the
department or agency's determination whether to enter into this transaction. However,
failure of the prospective primary tier participant to furnish a certification or an explanation
shall disqualify such person from participation in this transaction.
Revised 7/18/2019
3. The certification in this clause is a material representation of fact upon which reliance
was placed when the department or agency determined to enter into this transaction. If it
is later determined that the prospective primary tier participant knowingly rendered an
erroneous certification, in addition to other remedies available to the Federal Government,
the department or agency may terminate this transaction for cause or default or may
pursue suspension or debarment.
4. The prospective primary tier participant shall provide immediate written notice to the
department or agency to which this proposal is submitted if at any time the prospective
primary tier participant learns its certification was erroneous when submitted or has
become erroneous by reason of changed circumstances.
5. The terms covered transaction, civil judgment, debarment, suspension, ineligible,
participant, person, principal, and voluntarily excluded, as used in this clause, are defined
in 2 CFR parts 180 and 1200. You may contact the department or agency to which this
proposal is being submitted for assistance in obtaining a copy of those regulations.
6. The prospective primary tier participant agrees by submitting this proposal that, should
the proposed covered transaction be entered into, it shall not knowingly enter into any
lower tier covered transaction with a person who is proposed for debarment under 48
CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded
from participation in this covered transaction, unless authorized by the department or
agency entering into this transaction.
7. The prospective primary tier participant further agrees by submitting this proposal that it
will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the department or
agency entering into this covered transaction, without modification , in all lower tier
covered transactions and in all solicitations for lower tier covered transactions and will
require lower tier participants to comply with 2 CFR parts 180 and 1200.
8. A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that it is not proposed for debarment under
48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from
the covered transaction, unless it knows that the certification is erroneous. A participant is
responsible for ensuring that its principals are not suspended, debarred, or otherwise
ineligible to participate in covered transactions. To verify the eligibility of its principals, as
well as the eligibility of any prospective lower tier participants, each participant may, but is
not required to, check the System for Award Management Exclusions website
(https://www.sam.gov/).
9. Nothing contained in the foregoing shall be construed to require establishment of a
system of records in order to render in good faith the certification required by this clause.
The knowledge and information of a participant is not required to exceed that which is
normally possessed by a prudent person in the ordinary course of business dealings.
Revised 7/18/2019
10. Except for transactions authorized under paragraph 6 of these instructions, if a
participant in a covered transaction knowingly enters into a lower tier covered transaction
with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4,
suspended, debarred, ineligible, or voluntarily excluded from participation in this
transaction, in addition to other remedies available to the Federal Government, the
department or agency may terminate this transaction for cause or default.
Certification Regarding Debarment, Suspension, and Other Responsibility Matters-
Primary Tier Covered Transactions
(1) The prospective primary tier participant 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 participating in 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 performing a public
(Federal, State or local) 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 or otherwise criminally or civilly charged by a
governmental entity (Federal, State or Local) with commission of any of the
offenses enumerated in paragraph (1)(b) of this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or
more public transactions (Federal, State, or local) terminated for cause or default.
(2) Where the prospective primary participant is unable to certify to any of the Statements
in this certification, such prospective participant shall attach an explanation to this
proposal.
Instructions for Lower Tier Participant Certification
1. By signing and submitting this proposal, the prospective lower tier participant is
providing the certification set out below and agrees to comply with the requirements of 2
CFR parts 180 and 1200.
2. The certification in this clause is a material representation of fact upon which reliance
was placed when this transaction was entered into. If it is later determined that the
prospective lower tier participant knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal government, the department or agency
with which this transaction originated may pursue available remedies, including
suspension or debarment.
Revised 7/18/2019
3. The prospective lower tier participant shall provide immediate written notice to the
person to which this proposal is submitted if at any time the prospective lower tier
participant learns that its certification was erroneous when submitted or has become
erroneous by reason of changed circumstances.
4. The terms covered transaction, civil judgment, debarment, suspension, ineligible,
participant, person, principal, and voluntarily excluded, as used in this clause, are defined
in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is
submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should
the proposed covered transaction be entered into, it shall not knowingly enter into any
lower tier covered transaction with a person who is proposed for debarment under 48
CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded
from participation in this covered transaction, unless authorized by the department or
agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it
will include the clause titled "Instructions for Lower Tier Participant Certification" including
the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
- Lower Tier Covered Transaction," without modification, in all lower tier covered
transactions and in all solicitations for lower tier covered transactions and will require
lower tier participants to comply with 2 CFR parts 180 and 1200.
7. A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that it is not proposed for debarment under
48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from
the covered transaction, unless it knows that the certification is erroneous. A participant is
responsible for ensuring that its principals are not suspended, debarred, or otherwise
ineligible to participate in covered transactions. To verify the eligibility of its principals, as
well as the eligibility of any prospective lower tier participants, each participant may, but is
not required to, check the System for Award Management Exclusions website
(https://www.sam.gov/).
8. Nothing contained in the foregoing shall be construed to require establishment of a
system of records in order to render in good faith the certification required by this clause.
The knowledge and information of a participant is not required to exceed that which is
normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a
participant in a covered transaction knowingly enters into a lower tier covered transaction
with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4,
suspended, debarred, ineligible, or voluntarily excluded from participation in this
transaction, in addition to other remedies available to the Federal government, the
department or agency with which this transaction originated may pursue available
remedies, including suspension or debarment.
Revised 7/18/2019
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —
Lower Tier Covered Transactions:
1. The prospective lower tier participant certifies, by submission of this proposal, that
neither it nor its principals is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction by any
Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements
in this certification, such prospective participant shall attach an explanation to this
proposal.
ARTICLE 25. CERTIFICATION REGARDING FEDERAL LOBBYING (applies to
subrecipients as well as States)
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal, amendment,
or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the
award documents for all sub-awards at all tiers (including subcontracts, subgrants, and
contracts under grant, loans, and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by section 1352, title 31, U.S. Code.
Any person who fails to file the required certification shall be subject to a civil penalty of
not less than $10,000 and not more than $100,000 for each such failure.
Revised 7/18/2019
ARTICLE 26. CHILD SUPPORT CERTIFICATION
Under Section 231.006, Texas Family Code, the Subgrantee certifies that the individual or
business entity named in this agreement is not ineligible to receive the specified grant,
loan, or payment and acknowledges that this agreement may be terminated and payment
may be withheld if this certification is inaccurate. If the above certification is shown to be
false, the Subgrantee is liable to the state for attorney's fees and any other damages
provided by law or the agreement. A child support obligor or business entity ineligible to
receive payments because of a payment delinquency of more than thirty (30) days
remains ineligible until: all arrearages have been paid; the obligor is in compliance with a
written repayment agreement or court order as to any existing delinquency; or the court of
continuing jurisdiction over the child support order has granted the obligor an exemption
from Subsection (a) of Section 231.006, Texas Family Code, as part of a court-supervised
effort to improve earnings and child support payments.
ARTICLE 27. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT
REQUIREMENTS
A. Any recipient of funds under this agreement agrees to comply with the Federal
Funding Accountability and Transparency Act and implementing regulations at 2 CFR
Part 170, including Appendix A. This agreement is subject to the following award
terms: http://edocket.access.gpo.gov/2010/pdf/2010-22705.pdf and
http://edocket.access.gpo.gov/2010/pdf/2010-22706.pdf.
B. The Subgrantee agrees that it shall:
1. Obtain and provide to the State a System for Award Management (SAM) number
(48 CFR subpt. 4.11) if this award provides for more than $25,000 in Federal
funding. The SAM number may be obtained by visiting the SAM web-site at:
https://www.sam.gov
2. Obtain and provide to the State a Data Universal Numbering System (DUNS)
number, a unique nine-character number that allows the Federal government to
track the distribution of federal money. The DUNS number may be requested free
of charge for all businesses and entities required to do so by visiting the Dun &
Bradstreet (D&B) on-line registration website http://fedgov.dnb.com/webform; and
3. Report the total compensation and names of its top five (5) executives to the State
if:
i. More than 80% of annual gross revenues are from the Federal government,
and those revenues are greater than $25,000,000; and
ii. The compensation information is not already available through reporting to the
U.S. Securities and Exchange Commission.
Revised 7/18/2019
ARTICLE 28. SINGLE AUDIT REPORT
A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L.
98-502, ensuring that the single audit report includes the coverage stipulated in 2 CFR
Part 200.
B. If threshold expenditures of$750,000 or more are met during the Subgrantee's fiscal
year, the Subgrantee must submit a Single Audit Report and Management Letter (if
applicable) to TxDOT's Audit Office, 125 East 11th Street, Austin, TX 78701 or contact
TxDOT's Audit Office at singleaudits(a�txdot.gov
C. If expenditures are less than $750,000 during the Subgrantee's fiscal year, the
Subgrantee must submit a statement to TxDOT's Audit Office as follows: "We did not
meet the $750,000 expenditure threshold and therefore, are not required to have a
single audit performed for FY
D. For each year the project remains open for federal funding expenditures, the
Subgrantee will be responsible for filing a report or statement as described above. The
required annual filing shall extend throughout the life of the agreement, unless
otherwise amended or the project has been formally closed out and no charges have
been incurred within the current fiscal year.
ARTICLE 29. BUY AMERICA ACT (applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C.
313) when purchasing items using Federal funds. Buy America requires a State, or
subrecipient, to purchase with Federal funds only steel, iron and manufactured products
produced in the United States, unless the Secretary of Transportation determines that
such domestically produced items would be inconsistent with the public interest, that such
materials are not reasonably available and of a satisfactory quality, or that inclusion of
domestic materials will increase the cost of the overall project contract by more than 25
percent. In order to use Federal funds to purchase foreign produced items, the State must
submit a waiver request that provides an adequate basis and justification for approval by
the Secretary of Transportation.
ARTICLE 30. RESTRICTION ON STATE LOBBYING (applies to subrecipients as well as
States)
None of the funds under this program will be used for any activity specifically designed to
urge or influence a State or local legislator to favor or oppose the adoption of any specific
legislative proposal pending before any State or local legislative body. Such activities
include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception.
This does not preclude a State official whose salary is supported with NHTSA funds from
engaging in direct communications with State or local legislative officials, in accordance
with customary State practice, even if such communications urge legislative officials to
favor or oppose the adoption of a specific pending legislative proposal.
Revised 7/18/2019
ARTICLE 31. NONGOVERNMENTAL ENTITY'S PUBLIC INFORMATION
(This article applies only to non-profit entities.)
The Subgrantee is required to make any information created or exchanged with the
Department pursuant to this Grant Agreement and not otherwise excepted from
disclosure under the Texas Public Information Act, available in a format that is accessible
by the public at no additional charge to the Department. [SB-1368, 83rd Texas
Legislature, Regular Session, Effective 9/1/13]
ARTICLE 32. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET
USAGE (applies to subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for
programs to check helmet usage or to create checkpoints that specifically target
motorcyclists.
ARTICLE 33. INTERNAL ETHICS AND COMPLIANCE PROGRAM
Subgrantee shall comply with Title 43 Texas Administrative Code §25.906(b). Subgrantee
certifies it has adopted an internal ethics and compliance program that satisfies the
requirements of Title 43 Texas Administrative Code §10.51 (relating to Internal Ethics and
Compliance Program). Subgrantee shall enforce compliance with that program.
Revised 7/18/2019