HomeMy WebLinkAboutPR 18302: CLICK IT OR TICKET ENFORCEMENT PROGRAM MEMORANDUM
Port Arthur Police Department
TO: John A. Comeaux, P.E., Interim City Manager
FROM: W. M. Blanton, Chief of Police
DATE: 4/15/14
Re: Proposed Resolution 18302
RECOMMENDATION
The Police Department recommends the City Council approve Proposed
Resolution No. 18302 authorizing the City of Port Arthur to support a
"CLICK IT OR TICKET" Selective Traffic Enforcement Program (S.T.E.P.)
grant in the amount of $4,947.46.
BACKGROUND
The City, through the Police Department, has participated in S.T.E.P.
programs for many years. This allows additional traffic enforcement in
problem areas in the city. The goal of this program, and that of the Police
Department, is to continue to reduce traffic accidents and the injuries and
fatalities associated with them.
BUDGET/FISCAL EFFECT
Funds are available for this project in account #001 - 1101 - 521.12 -02.
STAFF /EMPLOYEE EFFECT
None
SUMMARY
The Police Department recommends the City Council approve Proposed
Resolution No. 18302 authorizing the City of Port Arthur to support a
"CLICK IT OR TICKET" Selective Traffic Enforcement Program (S.T.E.P.)
grant in the amount of $4,947.46.
P. R. No. 18302
04/07/14 STB
Resolution No.
A RESOLUTION AUTHORIZING THE CITY OF PORT ARTHUR TO
SUPPORT A "CLICK IT OR TICKET" SELECTIVE TRAFFIC
ENFORCEMENT PROGRAM ( S.T.E.P) GRANT IN THE AMOUNT OF
$4,947.46.
WHEREAS, the City of Port Arthur has a documented traffic
safety problem with regards to accidents, and a high non-
compliance in use of safety belts, and child safety seats; and
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, there are funds available from the State of Texas
Department of Transportation for a "CLICK IT OR TICKET"
Selective Traffic Enforcement Program (S.T.E.P) Grant, which
would allot funds for Port Arthur Police Officers to work
overtime during their off -duty hours in problem traffic areas to
conduct traffic enforcement in order to reduce traffic accidents
and the injuries and fatalities associated with these accidents,
as delineated in the attached Exhibit "A ".
NOW, THEREFORE, IT BE 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 of the City of Port
Arthur will support the Port Arthur Police Department in
administering a "CLICK IT OR TICKET" Selective Training
Enforcement Program (S.T.E.P.) Grant with 100% ($4,947.46) grant
funding for the project coming from the Texas Department of
Transportation, and that the City Manager is authorized to sign
the grant documents in substantially the same form as attached
hereto as Exhibit "A ".
Section 3. That the effective dates for the "CLICK IT
OR TICKET" S.T.E.P. Grant are April 29th, 2014 through June 7th,
2014.
Section 4. That 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.
Section 5. That a copy of the caption of this
Resolution be spread upon the Minutes of the City Council.
READ, ADOPTED, AND APPROVED on this, the day of
, A.D. 2014, at a Meeting of the City Council of the
City of Port Arthur, Texas by the following votes: AYES:
Mayor:
Councilmembers:
NOES:
MAYOR
ATTEST:
City Secretary
APPROVED AS TO FROM:
I e
ty ttor e y
o-, b e fit
APPROVED FOR %MINISTRATION:
City Manager
APPROVED AS TO AVAILABILITY OF FUNDS:
h 4i �
Finance Director
EXHIBIT "A"
Texas Traffic Safety eGrants
Fiscal Year 2014
Organization Name: City of Port Arthur Police Department
Legal Name: City of Port Arthur
Payee Identification Number: 17460018850007
Project Title:
ID: 2014- PortArth u r -C I OT -00017
Period: 04/29/2014 to 06/07/2014
City of Port Arthur Police Department
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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.
AUTHORITY: Texas Transportation Code, Chapter 723, the Traffic Safety Act of 1967, and
the Highway Safety Performance Plan for the Fiscal Year 2013.
Name of the Federal Agency: National Highway Traffic Safety Administration
CFDA Number. 20.6
CFDA Title: State and Community Highway Safety Grant Program
Funding Source: Section 402
DUNS: 137134909
Project Title:STEP - Click It Or Ticket
To increase occupant restraint use in all passenger vehicles and trucks by conducting an
intense occupant protection enforcement and public information and education effort during
the Enforcement period.
Grant Period: This Grant becomes effective on 04/29/2014 or on the date of final signature of
both parties, whichever is later, and ends on 06/07/2014 unless terminated or otherwise
modified.
Total Awarded: $4,947.46
Amount Eligible for Reimbursement: $4,947.46
Match Amount $0
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TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
The signatory of the Subgrantee hereby represents and warrants that she/he is an officer of
the organization for which she/he has executed this agreement and that she/he has full and
complete authority to enter into this agreement on behalf of the organization.
THE SUBGRANTEE THE STATE OF TEXAS
Executed for the Executive Director and Approved
City of Port Arthur for the Texas Transportation Commission for the
purpose and effect of activating and /or carrying out
orders, established policies or work programs
approved and authorized by the Texas
Transportation Commission
By: B y :
[Authorized Signature] [District Engineer Texas Department of
Transportation]
[Name] [Name]
[Title] [Title]
Date: Date:
Under the authority of Ordinance or By:
Resolution Number (for local
govemment): Director, Traffic OperationsDivision Texas
(If Applicable) Department of Transportation (Not required for
local project grants under $100,000.00)
[Resolution Number] Date:
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Texas Traffic Safety Program
GRANT AGREEMENT GENERAL TERMS AND CONDITIONS
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 famish the Department with satisfactory
proof of its compliance therewith.
ARTICLE 2. STANDARD ASSURANCES
The Subgrantee hereby assures and certifies that it will comply with the regulations, policies,
guidelines, and requirements, induding 49 CFR (Code of Federal Regulations), Part 18; 49
CFR, Part 19 (OMB [Office of Management and Budget] Circular A -110); OMB Circular A-87;
OMB Circular A -102; OMB Circular A -21; OMB Circular A -122; OMB Circular A -133; 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 goveming
body, authorizing the filing of the application, including all understandings and
assurances contained therein, and directing and authorizing the person identified as the
official representative of the applicant to act in connection with the application and to
provide such additional information as may be required.
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. It will comply with the provisions of the Hatch Political Activity Act, which limits the
political activity of employees. (See also Article 25, Lobbying Certification.)
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.
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H. It will comply with all requirements imposed by the Department concerning special
requirements of law, program requirements, and other administrative requirements.
L 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,
regulation, 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 such federal requirements as the federal
govemment 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 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.
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 Govemment Code by ensuring that no
officer, employee, or member of the Subgrantee's goveming 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
goveming 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 Govemment 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 Govemment 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 govemmental 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 induded in the
Project Budget will be deemed to be an estimate only and a higher amount can be
reimbursed, subject to the conditions specified in paragraph B hereunder. If the Project
Budget specifies that costs are based on a specific rate, per -unit cost, or other method
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of payment, reimbursement will be based on the specified method.
B. All payments will be made in accordance with the Project Budget.
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 per year 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.
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)
messaging system, 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.
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.
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.
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 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,
"PI &E Activities." The TxDOT amount for Subcategory B, "PI &E Activities," or C,
"Other," can only be exceeded within the 5 percent flexibility, with underrun funds from
Budget Categories II or III.
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 govemed by one of the
following cost principles, as appropriate, outlined in the Federal Office of Management
and Budget (OMB) Circulars:
• A -21, Cost Principles for Educational Institutions;
• A -87, Cost Principles for State, Local, and Indian Tribal Govemments; or,
• A -122, Cost Principles for Nonprofit Organizations.
F. The Subgrantee agrees to submit monthly or quarterly 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.
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H. Payments are contingent upon the availability of appropriated funds.
1 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 those projects for which the Subgrantee has assumed some cost
sharing, those which propose to assume the largest percentage of subsequent project
costs, and those which have demonstrated performance that is acceptable to the
Department.
ARTICLE 4. LIMITATION OF LIABILITY
Payment of costs incurred hereunder 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 so 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 so notify the Subgrantee to continue this
agreement
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
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 system messaging. If the Department finds that such
work does constitute additional work, the Department shall so 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.
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 thereof which involve changes
to the original scope of services or character of work under this Agreement, the Subgrantee
shall make such 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.
If the Subgrantee submits work that does not comply with the terms of this Agreement, the
Department shall instruct the Subgrantee to make such revisions as are necessary to bring
the work into compliance with this Agreement. No additional compensation shall be paid for
this work.
The Subgrantee shall make revisions to the work authorized in this Agreement, which are
necessary to correct errors or omissions appearing therein, when required to do so by the
Department. No additional compensation shall be paid for this work.
The Department shall not be responsible for actions by the Subgrantee or any costs incurred
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by the Subgrantee relating to additional work not directly associated with or prior to the
execution of an amendment.
ARTICLE 7. REPORTING AND MONITORING
Not later than twenty (20) days after the end of each reporting period, the Subgrantee shall
submit a performance report through eGrants. For short-term projects, only one report
submitted by the Subgrantee at the end of the project may be required. For longer projects,
the Subgrantee will submit reports at least quarterly and preferably monthly. The frequency of
the performance reports is established through negotiation between the Subgrantee and the
program or project manager.
For Selective Traffic Enforcement Programs (STEPs), performance reports must be
submitted monthly.
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.
The Subgrantee shall submit the Final Performance Report through eGrants within twenty (20)
days after completion of the grant.
The Subgrantee shall promptly advise the Department in writing, through eGrants messaging,
of events that will have a significant impact upon this Agreement, including:
A. 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.
B. Favorable developments or events that enable meeting time schedules and objectives
sooner than anticipated or achieving greater performance measure output than
originally projected.
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 hereunder,
(hereinafter called the records), and shall make such 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 said 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.
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ARTICLE 9. INDEMNIFICATION
To the extent permitted by law, the Subgrantee, if other than a govemment 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 such daims 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 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 or death to such employee
resulting from any alleged negligent act, by either commission or omission on the part of the
Subgrantee.
If the Subgrantee is a govemment 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 supercedes any prior oral or written agreements. If a conflict arises between
this Agreement and the Traffic Safety Program Manual, this Agreement shall govem.
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 Agreement work.
Disputes conceming 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
This Agreement shall remain in effect until the Subgrantee has satisfactorily completed all
services and obligations described herein and these have been accepted by the Department,
unless:
• This Agreement is terminated in writing with the mutual consent of both parties; or
• There is a written thirty (30) day notice by either party; or
• 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.
The Department shall compensate the Subgrantee for only those eligible expenses incurred
during the Grant Period specified in this Grant Agreement which are directly attributable to the
completed portion of the work covered by this Agreement, provided that the work has been
completed in a manner satisfactory and acceptable to the Department. The Subgrantee shall
not incur nor be reimbursed for any new obligations after the effective date of termination.
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ARTICLE 12. INSPECTION OF WORK
The Department and, when federal funds are involved, the US DOT, or 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 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 such a manner as will not unduly
delay the work.
ARTICLE 13. AUDIT
The Subgrantee shall comply with the requirements of the Single Audit Act of 1984, Public
Law (PL) 98 -502, ensuring that the single audit report includes the coverage stipulated in
OMB Circular A -133, "Audits of States, Local Govemments, and Other Non - Profit
Organizations."
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
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 Departments Executive Director.
Any person doing business with or who reasonably speaking may do business with the
Department under this Agreement may not make any offer of benefits, gifts, or favors to
Department employees, except as mentioned 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
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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
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.
All employees of the Subgrantee shall have such knowledge and experience as will enable
them to perform the duties assigned to them. Any employee of the Subgrantee who, in the
opinion of the Department, is incompetent or whose conduct becomes detrimental to the
work, shall immediately be removed from association with the project.
Unless otherwise specified, the Subgrantee shall fumish 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 fumished 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 and federal standards, as appropriate, in:
• 49 CFR, Part 18, "Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Govemments," or
• 49 CFR, Part 19 (OMB Circular A -110), "Uniform Administrative Requirements for
Grants and Agreements with Institutions of Higher Education, Hospitals, and Other
Nonprofit Organizations."
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 hereto, 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
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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 data bases, 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 such other party in respect to all covenants of this Agreement.
The Subgrantee shall not assign, sublet, or transfer interest and obligations in this Agreement
without written consent of the Department through eGrants messaging.
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 USDOT: 49 CFR, Part 21; 23
CFR, Subchapter C; and 41 CFR, Parts 60-74, as they may be amended periodically
(hereinafter referred to as 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: The Subgrantee, with regard to the work performed during the
period of this Agreement, shall not discriminate on the grounds of race, color, sex,
national origin, age, religion, or disability in the selection and retention of
subcontractors, including procurements of materials and leases of equipment.
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 such regulations or directives. Where any information required of the
Subgrantee is in the exclusive possession of another who fails or refuses to furnish this
information, the Subgrantee shall so certify to the Department or the US DOT, whichever
is appropriate, and shall set forth what efforts the Subgrantee has made to obtain the
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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 US DOT may determine to be appropriate.
F. Incorporation of provisions: The Subgrantee shall include the provisions of paragraphs
A. through E. in every subcontract, induding procurements of materials and leases of
equipment, unless exempt by the regulations or directives. 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.
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
It is the policy of the Department and the USDOT that Disadvantaged Business Enterprises,
as defined in 49 CFR Part 26, shall have the opportunity to participate in the performance of
agreements financed in whole or in part with federal funds. Consequently, the Disadvantaged
Business Enterprise requirements of 49 CFR Part 26, apply to this Agreement as follows:
• The Subgrantee agrees to insure that Disadvantaged Business Enterprises, as defined
in 49 CFR Part 26, have the opportunity to participate in the performance of agreements
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 Part 26, to insure
that Disadvantaged Business Enterprises have the opportunity to compete for and
perform agreements and subcontracts.
• The Subgrantee and any subcontractor shall not discriminate on the basis of race, color,
sex, national origin, or disability in the award and performance of agreements funded in
whole or in part with federal funds.
These requirements shall be 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 this
Agreement by the Department, or other such remedy as the Department deems appropriate.
ARTICLE 24. DEBARMENT /SUSPENSION
A. The Subgrantee certifies, to the best of its knowledge and belief, that it and its
principals:
1. Are not presently debarred, suspended, proposed for debarment, dedared
ineligible or voluntarily excluded from covered transactions by any federal
department or agency;
2. Have not within a three (3) year period preceding this Agreement 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
federal, state, or local public transaction or contract under a public transaction;
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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;
3. Are not presently indicted or otherwise criminally or civilly charged by a federal,
state, or local govemmental entity with commission of any of the offenses
enumerated in paragraph A. 2. of this Article; and
4. Have not, within a three (3) year period preceding this Agreement, had one or
more federal, state, or local public transactions terminated for cause or default.
B. Where the Subgrantee is unable to certify to any of the statements in this Article, such
Subgrantee shall attach an explanation to this Agreement.
C. 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 exduded from or ineligible for
participation in federal assistance programs under Executive Order 12549, Debarment
and Suspension.
D. The Subgrantee shall require any party to a subcontract or purchase order awarded
under this Grant Agreement to certify its eligibility to receive federal grant funds, and,
when requested by the Department, to fumish a copy of the certification.
ARTICLE 25. LOBBYING CERTIFICATION
The Subgrantee certifies to the best of his or her knowledge and belief that:
A. No federally appropriated funds have been paid or will be paid by or on behalf of the
Subgrantee to any person for influencing or attempting to influence an officer or
employee of any federal 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.
B. 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 federal
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 party to this Agreement shall complete and submit
Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
C. The Subgrantee shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts) 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
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than $10,000 and not more than $100,000 for each such failure.
ARTICLE 26. CHILD SUPPORT STATEMENT
Unless the Subgrantee is a governmental or non -profit entity, the Subgrantee certifies that it
either will go to the Department's website noted below and complete the Child Support
Statement or already has a Child Support Statement on file with the Department . The
Subgrantee is responsible for keeping the Child Support Statement current and on file with
that office for the duration of this Agreement period. The Subgrantee further certifies that the
Child Support Statement on file contains the child support information for the individuals or
business entities named in this grant. Under Section 231.006, Family Code, the Subgrantee
certifies that the individual or business entity named in this Agreement is not ineligible to
receive the specified grant or payment and acknowledges that this Agreement may be
terminated and payment may be withheld if this certification is inaccurate.
The form for the Child Support Statement is available on the Internet at:
httpJ /www. dot .state.tx.us /cso /default.htm.
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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 Department- approved grant management training.
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 the following quarter's work.
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. When applicable, all newly developed PI &E materials must be submitted to the Department
for written approval, through the TxDOT Electronic Grants Management System (eGrants)
system messaging, prior to final production. Refer to the Traffic Safety Program Manual
regarding PI &E procedures.
G. 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. For Department
district- managed grants, the Subgrantee must have obtained written Department district
approval, through eGrants system messaging, for travel and related expenses if outside of the
district boundaries.
H. Maintain verification that all expenses, including wages or salaries, for which
reimbursement is requested is for work exclusively related to this project.
I. 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.
J. Ensure that each officer working on the STEP project will complete an officer's daily report
form. The form should include at a minimum: name, date, badge or identification number, type
of grant worked, grant site number, mileage (including starting and ending mileage), hours
worked, type of citation issued or arrest made, officer and supervisor signatures.
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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. Subgrantee may work additional STEP enforcement hours on holidays or special events
not covered under the Operational Plan. However, additional work must be approved in
writing by the Department, through eGrants system messaging, prior to enforcement.
Additional hours must be reported in the Performance Report for the time period for which the
additional hours were worked.
M. 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.
N. Subgrantees with a traffic unit will utilize traffic personnel for this grant, unless such
personnel are unavailable for assignment.
O. 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 545352 through 545356.
P. Officers assigned to speed sites should be trained in the use of radar or laser speed
measurement devices.
Q. 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.
R. Officers working DWI enforcement must be trained in the National Highway Traffic Safety
Administration /Intemational 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.
S. The Subgrantee should have a procedure in place for contacting and using drug
recognition experts (DREs) when necessary.
T. The Subgrantee is encouraged to use the DWI On -line Reporting System available through
the Buckle Up Texas Web site at www.buckleuptexas.corn.
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