HomeMy WebLinkAboutResolution - 2016-R0316 - TX Traffic Safety Program Grant Agreement - TXDOT - STEP-2017 Program - 09/22/2016 (2)Resolution No. 2016-RO316
Item No. 6.2.1
September 22, 2016
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for
and on behalf of the City of Lubbock, a Texas Traffic Safety Program Grant Agreement, Project
Title STEP-2017 Comprehensive, by and between the City of Lubbock and the State of Texas by
and through the Texas Department of Transportation, and all related documents. Said Agreement
is attached hereto and incorporated in this resolution as if fully set forth herein and shall be
included in the minutes of the City Council.
Passed by the City Council on September 22, 2016
Lal-,
DANIEL M. POPE, MAYOR
ATTEST:
Reb cca Garza, City Secretary/
.APPROVED AWO CONTENT:
lice
APPROVED AS TO FORM:
x
8
Je art 1, Assistant City Attorney
vwxcdocs/RES.STEP Agrmt-TxDOT
August 31, 2016
City of Lubbock, TX
Department of Finance
Grant Information Form
Grant Title: Speed/DWI STEP Department: Police
Department contact: Sgt. J.Pachall Phone #: 775-2732 Email: Jpachall@mylubbock.us
Granting agency: TXDOT Phone #: 748-4476
Catalog of Federal Domestic Assistance (CFDA) #:
Grant Contract # assigned by granting agency:
Application deadline:
Grant application package included?
[ ] Yes [x] No
Cash match? [x] Yes [ ] No Amount: $ 55,200.85
Grant amount (not including match): $ 55,200.85
# of FT FTE's: # of PT FTE's:
Cash match account number: 110,401.70
JDE revenue code:
Did funds originate with federal gov't? [)d Yes (X] No
Grant application summary provided? [ ] Yes [� No
Page # from application:
Grant period: From: 10/01/2016 to 09/30/2017
How does this grant align with City Council priorities?
The program utilizes off duty Law enforcement personnel to enhance traffic safety.
How will the grant program's effectiveness be measured? What measures will be used?
DWI arrests and speed surveys will be taken.
Is this a new grant program or an enhancement to an existing program? [)d New [ ] Enhancement
Are there any additional requirements that are associated with receiving the grant? [ ] Yes [X] No.
If yes, what are the additional requirements?
Will the City pass grant funds to sub -recipients? [ ] Yes (X] No
Is there construction costs associated with the grant? [ ] Yes [X] No
Can indirect costs be funded in the grant? [ ] Yes [X] No
Does accepting the grant result in the redirection of some operating costs? [ ] Yes [)d No.
If yes, how much?
Approved By:
OranManager Date
sistant rity Manager Date
Chief Financial Officer or City Manager Date
Attachments? [ ] Yes [ ] No Number of pages:
4/25/2007, C:\WINDOWS\TEMP\XPgrpwise\Grant Analysis Form.2.17.07.doc
,r.,..
O.p.rlm.nt `t+tton Texas Highway Traffic Safety Program
Page /I of 1GRANT/CONTRACT DELIVERY MEETING
Form 1764 (rev. 9/27/2005)
Subgrantee: City of Lubbock Police Department
Project: STEP Comprehensive
Misc. Contract Number: 587EGF6084 Charge Number: 7PT05X1DF
Delivery Meeting Date: 10/11/16 Location: 916 Texas Avenue, Lubbock
A. Participants (name, title, & organization):
Jimmy Pachall, Sergeant, City of Lubbock PD
Karen Peoples, TSS, TxDOT
B. Topics Discussed [checklist]:
®
1.
What is expected of the subgrantee or performing agency, including reports.
®
2.
What is expected from TxDOT personnel.
®
3.
How the project will be monitored.
®
4.
Preparation and submission of the RFR.
®
S.
What costs will be eligible for reimbursement by TxDOT.
®
6.
What documentation is required for expenditures.
®
7.
Project objectives and performance goals.
®
8.
Evaluation of project results.
®
9.
Preparation and submission of the Performance Report (including underruns and
overruns)
®
10.
Grant or contract contents.
®
11.
Audit requirements, records retention.
®
12.
Other (describe):Traininq, PI&E Distribution
C. Copy of this form given to:
♦ Subgrantee/Performing Agency [date]: 10/11/16
♦ District Staff [date]: 10/11/16
♦ TRF Staff/Uploaded In Egrants[date]: 10/3/16
Signed:
U
Unable to obtain
original signature page
from TxDOT,
TxDOT will only
provide a copy of the
signature page.
City of Lubbock - Police Department
STEP-2017
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 for the Texas Transportation
City of Lubbock Commission for the purpose and effect of
[Legal Name of Agency] activating and/or carrying out orders, established
policies or work programs approved and
authorized by the Texas Transportation
Commission
By:
[Authorized Signat e]
[District Er ineer Texas Department of
Transportation]
Daniel M. Pope Stew'en P . Warren, P.E.
[Name] [Name]
MAYOR Lubbock District Engineer
[Title] [Title]
Date: September 22, 2016
Under the authority of Ordinance or
Resolution Number (for local government)
(If Applicable)
2016-RO316
[Resolution Number]
Date: September 30, 2016
By:
Director, Traffic Operations Division Texas
Department of Transportation (Not required for
local project grants under $100,000.00)
Date:
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City of Lubbock - Police Department
STEP-2017
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
City of Lubbock
[Legal Name of Agency]
By:
[Authorized Signat e]
Daniel M. Pope
[Name]
THE STATE OF TEXAS
Executed for the Executive Director and
Approved 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
M
[District Engineer Texas Department of
Transportation]
[Name]
MAYOR
[Title] [Title]
Date: September 22, 2016
Under the authority of Ordinance or
Resolution Number (for local government)
(If Applicable)
2016-RO316
[Resolution Number]
Date:
A --
Director, Traffic Operations Division Texas
Department of Transportation (Not required for
local project grants under $100,000.00)
Date:
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1
OrganizationName: City of Lubbock - Police Department
Legal Name: City of Lubbock
Project Title: STEP Comprehensive
ID: 2017-Lubbock -S-1 YG-0046
Period: 10/01 /2016 to 09/30/2017
City of Lubbock - Police Department
STEP-2017
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
Lubbock 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 2017.
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
DUNS: 05-821-38
FAIN: 18X9204020TX17
Project Title: STEP Comprehensive
Description:
This project is Not Research and Development
Grant Period: This Grant becomes effective on 10/01/2016 or on the date of final signature of
both parties, whichever is later, and ends on 09/30/2017 unless terminated or otherwise
modified.
Total Awarded: $110,401.70
Amount Eligible for Reimbursement by the Department: $56,200.86
Match Amount provided by the Subgrantee: $65,200.85
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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. It will comply with 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.
E. It will comply with the federal Fair Labor Standards Acts 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
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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.
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.
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 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,
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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 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 five (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 governed by the cost principles
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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.
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 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.
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.
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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 ARID 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
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.
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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.
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 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 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.
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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 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.
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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 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
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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.
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 and Subgrantee will comply with all Federal statutes and implementing regulations
relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil
Rights Act of 1964 (Pub. L. 88-352), which prohibits discrimination on the basis of race,
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color or national origin (and 49 CFR Part 21); (b) Title IX of the Education Amendments of
1972, as amended (20 U.S.C. 1681-1683 and 1685-1686), which prohibits discrimination
on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29
U.S.C. 794), and the Americans with Disabilities Act of 1990 (Pub. L. 101-336), as
amended (42 U.S.C. 12101, et seq.), which prohibits discrimination on the basis of
disabilities (and 49 CFR Part 27); (d) the Age Discrimination Act of 1975, as amended (42
U.S.C. 6101-6107), which prohibits discrimination on the basis of age; (e) the Civil Rights
Restoration Act of 1987 (Pub. L. 100-259), which requires Federal -aid recipients and all
subrecipients to prevent discrimination and ensure nondiscrimination in all of their
programs and activities; (f) the Drug Abuse Office and Treatment Act of 1972 (Pub. L. 92-
255), as amended, relating to nondiscrimination on the basis of drug abuse; (g) the
comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (Pub. L. 91-616), as amended, relating to nondiscrimination on the basis of
alcohol abuse or alcoholism; (h) Sections 523 and 527 of the Public Health Service Act of
1912, as amended (42 U.S.C. 290dd-3 and 290ee-3), relating to confidentiality of alcohol
and drug abuse patient records; (i) Title Vill of the Civil Rights Act of 1968, as amended (42
U.S.C. 3601, et seq.), relating to nondiscrimination in the sale, rental or financing of
housing; 0) any other nondiscrimination provisions in the specific statute(s) under which
application for Federal assistance is being made; and (k) the requirements of any other
nondiscrimination statute(s) which may apply to the application.
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
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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.
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 aov/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 cant' 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 Certification
1. By signing and submitting this proposal, the prospective primary participant is providing the
certification set out below.
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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 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 participant to
furnish a certification or an explanation shall disqualify such person from participation in this
transaction.
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 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.
4. The prospective primary participant shall provide immediate written notice to the department
or agency to which this proposal is submitted if at any time the prospective primary participant
learns its certification was erroneous when submitted or has become erroneous by reason of
changed circumstances.
5. The terms covered transaction, debarred, suspended, ineligible, lower tier covered
transaction, participant, person, primary covered transaction, principal, proposal, and
voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and
coverage sections of 49 CFR Part 29. 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 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 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.
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 may
decide the method and frequency by which it determines the eligibility of its principals. Each
participant may, but is not required to, check the list of Parties Excluded from Federal
Procurement and Non -procurement Programs.
9. Nothing contained in the foregoing shall be construed to require establishment of a system
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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.
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.
• '�RIM7.71 •/
(1) The prospective primary participant certifies to the best of its knowledge and belief, that its
principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded 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 record,
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.
1. By signing and submitting this proposal, the prospective lower tier participant is providing
the certification set out below.
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 and/or
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debarment.
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, debarred, suspended, ineligible, lower tier covered
transaction, participant, person, primary covered transaction, principal, proposal, and
voluntarily excluded, as used in this clause, have the meanings set out in the Definition and
Coverage sections of 49 CFR Part 29. 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 "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. (See below)
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 may
decide the method and frequency by which it determines the eligibility of its principals. Each
participant may, but is not required to, check the List of Parties Excluded from Federal
Procurement and Non -procurement Programs.
B. 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 and/or debarment.
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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 26. CERTIFICATION REGARDING FEDERAL LOBBYING (applies to
subrecipients as well as States)
Certification for Contracts, Grants, Loans, and Cooperative Agreements
In executing this agreement, each signatory 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.
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
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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/201 0/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: hftps://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.
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 11 th Street, Austin, TX 78701 or contact TxDOT's Audit
Office at singleauditsiMtxdot.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
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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 Subgrantee will comply with the provisions of the Buy America Act (49 U.S.C.
53236)), which contains the following requirements:
Only steel, iron and manufactured products produced in the United States may be purchased
with Federal funds unless the Secretary of Transportation determines that such domestic
purchases 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. Clear justification for the purchase
of non -domestic items must be in the form of a waiver request submitted to and approved 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.
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]
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RESPONSIBILITIES OF THE SUBGRANTEE
A. Cary 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 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.
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.
K. All STEP agencies must provide the following provision in all daily activity report forms:
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"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."
L. 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.
M. 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.
N. 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.
O. Subgrantees with a traffic unit will utilize traffic personnel for this grant, unless such
personnel are unavailable for assignment.
P. Prior to conducting speed enforcement, the Subgrantee must select and survey
enforcement sites that comply with existing state mandated speed limits in accordance
with the Texas Transportation Code, Sections 545.352 through 545.356.
Q. Officers assigned to speed sites should be trained in the use of radar or laser speed
measurement devices.
R. 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.
S. 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.
T. The Subgrantee should have a procedure in place for contacting and using drug
recognition experts (DREs) when necessary.
U. The Subgrantee is encouraged to use the DWI On-line Reporting System available through
the Buckle Up Texas Web site at www.buckleuptexas.com.
2017-Lubbock -S-1 YG-0046 Printed On: 8/31 /2016 Page 21 of 31
City of Lubbock - Police Department
STEP-2017
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. a -mails and letters
5. quarterly review 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
2017-Lubbock -S-1 YG-0046 Printed On: 8/31 /2016 Page 22 of 31
City of Lubbock - Police Department
STEP-2017
PROGRAM ELEMENT SELECTION
YEAR LONG
CMV
X DWI DWI: Driving While Intoxicated
X Speed Speed: Speed Enforcement
OP OR Occupant Protection (Safety Belt and Child Safety Seat)
ITC ITC: Intersection Traffic Control
DD DD: Distracted Driving
Jurisdiction wide (DWI enforcement effort must be focused at
DVS locations where
there is an over -representation of alcohol -related crashes
and/or DWI arrests)
Jurisdiction wide (Speed enforcement should be focused on
Speed areas where there is at least a 50%
noncompliance with the posted speed limits and/or a higher
number of speed -related crashes)
OP Jurisdiction wide
DD Jurisdiction wide
Speed,OP&HMV CMV: Commercial Motor Vehicle; HMV: Hazardous Moving
Violations
2017-Lubbock-S-1YG-0046 Printed On: 8/31/2016 Page 23 of 31
City of Lubbock - Police Department
STEP-2017
GOALS AND STRATEGIES
Goal: To increase effective enforcement and adjudication of traffic safety -related laws
to reduce crashes, fatalities, and injuries.
Strategies: Increase and sustain high visibility enforcement of traffic safety -related laws.
Increase public education and information campaigns regarding enforcement
activities.
Goal: To reduce the number of alcohol impaired and driving under the influence of
alcohol and other drug -related crashes, injuries, and fatalities.
Strategy: Increase and sustain high visibility enforcement of DWI laws.
Goal: To reduce the number of speed -related crashes, injuries, and fatalities.
Strategy: Increase and sustain high visibility enforcement of speed -related laws.
Goal: To reduce Distracted Driving motor vehicle crashes, injuries, and fatalities.
Strategies: Increase and sustain high visibility enforcement of state and local ordinances on
celluar and texting devices.
Increase public information and education on Distracted Driving related traffic
issues.
F I agree to the above goals and strategies.
2017-Lubbock-S-1YG-0046 Printed On: 8/31/2016 Page 24 of 31
City of Lubbock - Police Department
STEP-2017
BASELINE INFORMATION
Baseline Year (12 months)
Baseline Measure
Number of Driving While Intoxicated (DWI) arrests
Number of Driving Under Influence (DUI) of Alcohol by
Minor Arrests/Citations
Number of speed citations
Number of Distracted Driving Citations
Percentage of speed compliance
From 11 /1 /2014 to 10/31 /2015
Baseline
Number
622
M
Baseline
Month/Year of
Number
Survey
41.5 %
11 /2015
2017-Lubbock-S-1YG-0046 Printed On: 8/31/2016 Page 25 of 31
City of Lubbock - Police Department
STEP-2017
LAIN ENFORCEMENT OBJECTIVE/PERFORMANCE MEASURE
Objective/Performance Measure Target
Number
1. Number and type citations/arrests to be issued under STEP
a. Increase DWI arrests by 30
b. Increase DUI of Alcohol by Minor arrests/citations by 10
c. Increase speed citations by 6500
d. Increase Distracted Driving citations by
2. Proposed total number of traffic -related crashes
a. Reduce the number of alcohol -related crashes to 300
b. Reduce the number of speed -related crashes to 3000
3. Increase speed compliance
a. Increase the Speed compliance rate to 60%
4. Number of Enforcement Hours 2290
Step Indicator 3.1
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.
2017-Lubbock-S-1YG-0046 Printed On: 8/31/2016 Page 26 of 31
City of Lubbock - Police Department
STEP-2017
PI&E OBJECTIVE/PERFORMANCE MEASURE
Objectives/Performance Measure Target
Number
Support Grant efforts with a public information and education (PI&E)
program
a. Conduct presentations 5
b. Conduct media exposures (e.g. news conferences, news releases, and 5
interviews)
c. Conduct community events (e.g. health fairs, booths) 2
d. Produce the following number of public information and education 0
materials
e. Number of public information and education materials distributed 1000
2017-Lubbock-S-1YG-0046 Printed On: 8/31/2016 Page 27 of 31
City of Lubbock - Police Department
STEP-2017
Operational Plan
Page Title: SPEED SITES 1
Site
Type
Site Description
Survey Results
Enforcement
Number
Seed
(include Miles Per Hour)
(Compliance
Period
OR ITC)
Percentage)
(Days & Times)
1900-8200 IH27 65 MPH
7 DAYS A
1.1
SPEED
36%
WEEK
Approx 10 miles
0700-2000
HOURS
300 N UNIVERSITY-9800
7 DAYS A
2.2
SPEED
UNIVERSITY 40 MPH
42%
WEEK
0700-2000
Approx 12 miles
HOURS
1900-9800 INDIANA 40
7 DAYS A
3.3
SPEED
MPH
37%
WEEK
0 0 -2000
Approx 10 miles
HOURS
800 S LOOP 289-3400 NW
7 DAYS A
4.4
SPEED
LOOP 289 60 MPH
16%
WEEK
0700-2000
Approx 13 miles
HOURS
80019TH STREET-6500
7 DAYS A
19TH STREET
WEEK
5.5
SPEED
24%
0700-2000
Approx 11 miles
HOURS
6. SPEED
800-5800 34TH STREET
7 DAYS A
2017-Lubbock-S-1YG-0046 Printed On: 8/31/2016
Page 28 of 31
City of Lubbock - Police Department
STEP-2017
7.7 SPEED 35 MPH 42% 0 0 -2000
WEEK
approx. 10 miles HOURS
2017-Lubbock-S-1YG-0046 Printed On: 8/31/2016 Page 29 of 31
City of Lubbock - Police Department
STEP-2017
Operational Plan
Page Title: SPEED SITES 2/DWI
Site
Type
Site Description
Survey Results
Enforcement
Number
(Speed, OP,
(include Miles Per
(Compliance
Period
ITC)
Hour
Percentage)
(Days & Times)
1.9
DWI
North and South patrol
%
7 days a week
districts
2100-0600 hours
2.
%
3.
%
4.
%
5.
%
6.
%
7.
%
2017-Lubbock-S-1YG-0046 Printed On: 8/31/2016 Page 30 of 31
City of Lubbock - Police Department
STEP-2017
BUDGET SUMMARY
Budget Category TxDOT Match
Total
Category I - Labor Costs
(100) Salaries: $54,500.85
$54,500.85
$109,001.70 i
-r-r
F, {200) Fringe Benefits: $0
$0 i
$0
[---Fs-ub-Tota 1:i $54,500.85
$54,500.85
$109,001.70
Category 11- Other Direct Costs
(300) Travel: $700.00
$700.00
$1,400.00
400) Equipment: $0 � �
$0 �
$0 i
[-
(500) Supplies: ! $0
$0
$0
ontractual $0
[Services:
$0
(600)
Other �^
1 $0
$0
$0
(700)
Miscellaneous:
F-
Sub -Total: $700.00
$700.00
$1,400.00
Total Direct Costs: T $55,200.85
$55,200.85
$110,401.70
Category III - Indirect Costs
F�(80{gam) i Indirect Cost
0)Rat$0 e: 3
Summary
j
Total Labor
I
$109,001.70 I
Costs: $54,500.85
$54,500.85
Fotal Direct
C-F osts: $700.00F
$700.00
�
$1,400.00
LTotal Indirect $0
Costs:
$0
$0
i Total $55,200.85 ,�
$55,200,85�
$110,401.70
Fund Sources
(Percent 50.00%
Share):
50.00%
i
i
Salary and cost rates will be based on the rates submitted by the Subgrantee in its
grant application in
Egrants.
2017-Lubbock -S-1 YG-0046 Printed On: 8/31 /2016 Page 31 of 31