Loading...
HomeMy WebLinkAboutC2005-281 - 6/14/2005 - Approved[] F~eral Pa~s Throngh Chant Funds CFDA #20.60~ [] Smt~ Gram Funds -- For TxDOT Use Only -- M~sc. Contra6-t Number: Cbaxge Number: PrOjOCt Yam- N/A PIN (14 char'actors only): TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT THE STATE OF TEXAS THE COUNTY OF TRAVIS THIS AGREEMENT IS MADE BY and between th: State of Texas, acting by and through the Texas Department of Transportation. hereinafter called the De~utmenL and City of Corpus Chris6, hereinafter called the Subgrantec, and becomes eff~x'tive when fully executed by both partic~. For the purpose of this agreemer~ the Subg~m~ is desig.~t~ as a(n): [] State Agency [] Non-Profit Organization [] Unit ofla~fl Gove,,~.ent [] Edueaaonal Institution [] Other (describe): AUTHORITY: Texas Transportanon Cede, Chap~r 723, the Traffic Safety Act of 1967. and the Highway Safety Plan for the following Fiscal Year(s) 20~5/2006 Project Title: STEP - lm~ared Dnvu~ MobiJiz~hon (IDM 163) Brief ProjecX Description: To conduct a so.rained DWI enforceanent effort tn order to inon:a~ DWI an-ests ~ reduce alcohol relat~ tra~c crashes Grant Period: The Graat becomes effective on July 1. 2005, or on the da~ of final signature of both parDes, whichever is later, and ends on Aonl 30. 2006 unless t6wminated or oth~rvas~ modified. Magnum Amount Eligible for Reimbursement: $25.000 The folloWmg anne~n~nts are incorporated as indicated as a part of the Grant Agn::ement: · Attachment A, Mailing Addresses · Attachment B, Cnmeral Terms aad Conditions (TxDOT Form 1854) · Atxa~funent C, Project De~:ripOon (TxDOT Form 2076) · Atmahment D. AcDon Plan (TxDOT Form 1852) · Attachment E, Project Budget (TxDOT Form 2077 or 2077-LE) [] Attachment F. Operational Plan (TxDOT Form 2109) (for Selective Traffic Enforcement Program groats on]y) TxDOT JUN 9 3 2005 2005-281 06/14/05 ~ :~ Res026295 PrOject Title: STEP lmPmrcd Driving Mobilization (IDM 163) FEXAS TRAFFIC SAFETY PROGI~.M GRANT AGREEMENT ~Fhe stgnato%, for the Subgrantee hereby represents and warrants that she/h~ is an officer of the organization for which sheffhe has execu~l this agreement and that she~ has full and complc'~ authority ;o *n~'r into this agreement on behalf of the Ol'~.nimholl At the ttme the signatory for the Subsrantee signs the Grant Agre~'Ine~L shedhe will sign and submit to the Departrmmt a leller designating siEnam~ authority by posrdon title for gl'&Iltq'~latt~ ~ O01er thilll th~ Grant ~ or Grant Agreement amendments These other grant-related docurmmts will include, but not be limi~l to, the following: performance reports, final performance report a~l administranvc ~aluation report, Requests For Reimbursement (RFRs), and routine correspondence. THE SUBGRANTEE THE STATE OF TEXAS City of Corpus Chri~la ]Legal Na~ of Agency] ASia- "--- I (jcorg~ K. Ncc {Name] Cay Manger [Tiflel / / Under authority of Ordinance or Resolution Numb~ (for local govenm~ents): Executed for the Executive Dinx~r and approved for the Texas Transgorlalaon Ccaml~i~$il3~l for the purpo~ and cft-ec't of a~vating and/or em-tying out orders, esmblish~ pohcies or work programs approved and authorized by th~ Texas Tmnsporl~tlon comnUssion. ~ x_District Engmecr Texas Dqmrtm~ of Tramportlmon INamel [Title] Date: Dir~-'tor, Traffic Operations Division Texas Departn~m of Transportaiaon (Not required for local project grants under $100,0~0.) :~ECEIVED Attachment A Project Title: STEP Impaired Driving Mobilization (iDM 163) M ailim~ Addresses Fnr the purpose of this agreement, the following addresses shall be used to mail all required notices, reports, claims, and correspondence. (NOTE: For warrants (checks), the address indicated by the electronic mail code, which is the last three digits of the PIN on page 1 of this Grant Agreement, shall be used lbr disbursing payments. If that address is not where the Subgrantec wants warrants or checks to be sent, the Subgrantee needs to notify the Department of any appropriate changes. For Subgrantee (Project Director): Name: P. Alvarez, Jr Title: Chief of Police Organization: City of Corpus Ctwisti Address: P.O. Box 9016 Corpus Christi, I exas 78469 Phone: 361-886-2604 Fax: 361 886-2607 E-mail: petea(W, cctexas.com Note: Any change in the Subgrantee information in this Attachment A, Mailing Addresses, does not require an amendment to the Grant Agreement. However, the Subgrantee must submit a letter with the corrected information to the Department address below within 15 days of the change. For 'l'exas Department of Transportation: Name: Bill Strawn Title: Traffic Safety Spccialisl Organization: Texas Department of Iransportation ~,ddress: P.O. Box 9907 Corpus Christi, 'I exas 78469 Phone: 361-808-2205 Fax: 361-808-2424 E-mail: bstxawn~dot.slate.tx.us Page I o! I 73. DOT Form 2075 (rev. 6/14/2004) Project Title: STEP - Impaired Drivina Mobilization ([DM 163) Subgmntee: City of Coruu! Chl~ti Attachment B Texas Traffic Safety Program GRANT AGREEMENT GENERAL TERMS AND CONDITIONS ARTICLE 1. COMPLIANCE WITH LAWS Th~ Subgl~Wa~ shall Comply with all federal, sta~, and lo~al laws, statutes, codes, ordirmnces, rules an~ regulations, and thc ordc~ and decrees of any courts or adminintrattve bm:lies or tfib. nals in any matter affOctm8 the performance of this Agreement. including, without limit~on, work,rs' compea~ttion laws. minimum axed in~xi~um salary, and wage statut~ and i~gulafions, nondiserimin,W/:ion laws and rcgulal:ions, and lioenainE laws and regulations. When required, the Subgrantce shall furnish the Department with sanafaeto~ proof of its e. omplante therewith ARTICLE 2. STANDARD ASSURANCES The Subgram~ h~by assures and certifies that it will co..yly with the ~gulations, policies, guidelines, and requ~, including 49 CFR (Code of Federal Regulations), Part 18; 49 CFR, Part 19 (OMB [O~ce of~t and Budget] Circula~ A-Il0); OMB Circular A-87; OMB Circular A-102; OMB Cir~ulax A-21; OMB Circular A-122; OMB Circular A-133; and the Tra~¢ Saf'~zty Program Manual, as they ~late to the apphcatmn, acceptance, ~ use of federal or state fimds for this project. ALso, the Subgiamee assures and certifies that: A It ~ legal a,nhonty to apply for the grant; and that a resolution, motion, or $illailnr action has be~m duly adoWaM or passed as an official act of the applicant's governing b~ady, authorizinE the filing of th~ applicufion, including ail undc~taadin~ and assurances comained thereto, and dirccfir,,Z and authorizin~ the person identified as the official represematave of the applicant to a~t in conncc~on with B It and its subcontractors w~ll comply with Title VI of the Civil Rights Act of 1964 (Public Law 88- 352). as amended, and in accordance with that Act, no per,on shall discriminate, on thc lg'ounds of race, color, sex, national origim age, religion, or disability. £ It will c~,¥1y with n~qmrements of the provisions of lite Uniform Relocu~on Aas~an~e and Real Property ACqtUsCdons Act of 1970. as amended; 42 USC (United Stat,~ Code) §~601 et seq,; and umted States Department of Transponaaon (USDOT) regulations. "Uniform Relocation and Real Property Aeqmsition 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 wtll o.~,,ply with the provisions of the Hamh Political Activit3/Act, which limas the political activa'y of employees. (Se~ also Article 25, Lobbying Certifica/aon.) E It will C~nl,~,ly with the federal Fair Labor Standards Act's minimum wage and overtime mquireanea~ts for employees p,:rfonnU~ project work. F It will eslablish safegnaxds to prohibit employees fi.om using their positions for a purpo~ that is or gives the appearance of being mcravated by a des~ for private gain for themselves or othcpa, pagticularly th~ase with wh~ fl~3~- have family~ busmess, or other ties. G It will g~Ve the Dcpartmem the access to and the right to axamme all records, books, papo~, or Project Tit~: STEP - lnmaired Drivi~ Mobili~tiou (IDM 163) Subgran~e: CRv of Cor~us Christi Attachment B H It will comply with all reqmmments imposed by the Department concerning special reqmren'mms of law, program mqurremcnts, and other administrative reqmrements, It recogruzcs th.al many federal and stale laws unp°smg envirommmml and resource conservatmn requu~as~-~ts may apply to ttus Cnam Agreement. Some, but not all, of the major fe~icml laws that may affect the project ilmlude: tbe National Enw~um~'ntal Policy Act of 1969, as ameaxt~d, 42 USC §~4321 et seq.; the Clean Air Act, as amea~led, 42 USC {§7401 ct seq. and sections of 29 USC; the FedemJ Water Polhit~o~ Control Act, as amende~ 33 USC {{1251 et seq.; the Resoame Conservalaon and Recover' AcL as am~'eded. 42 USC §{6901 et sent.; and the Comprehensive Environmeatal Response, Coml. nmsalSon, and Liability Act, as amended. 42 USC {{9601 et seq. The Subgramee also recogmzes that the U.S. Environm~aal prote~on Agency, USDOT, and other federal agencies have issued, and in the future are expected to issue, regulation, guidelines, standards, orders, dircetives, or other requu'ernents that may affi~ this ProJect. Thus, it agrees to comply, and assures the compliance of ea~ contras:mr and each subcontractor, with any such federal req~ as the federal government may now or in the future promulgam It will comply with the flood insurance purchase reqaU~m~nts of Scetaon 102(a) oftbe Flood Disa~er prom~on Act of 1973.42 USC §4012a(a). Section 102(a) reqUXres, on and ~ March 2, 1975. the purchase of flood insure ia co~m,,anities 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 ama that has b,~n identified by the Secretary of the Departmem of Honsm8 and Urban Developmea~t as an aJlla havlll$ special flood haTards, The phrase "federal financial assistance" includes any form of loan. grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or gram, or any form of direct or indirect federal assistance. K It wdl 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 Anhquities Code of Texas (Naticmal Resources Code, CImpter 191). It will comply with Chapter 573 of die Texas Governmeat Code by ensuring tha~ no officer, employee, or m~nber of the Subgrantee's govermng board or thc Sublstmsts~'s suboJsshactors shall vote or confirm thc employment of any' person related within thc secom:l degroe of affinity or thiml degn~ by COne. an~mfinity to any member of the goveminE b<xly or to any othex officer or employee authorized to employ or supCrwse such person. This prohibition shall not prohibit the employment of a person described in Section 573.062 of the Texas Gow. m~nt Code. It will ensm'e that all information collected, assemblecL or maimained by the applicant relative to this project shall be avaflabte to the pubhc durmg normal business houm in compliance with Chapter 552 of the Texas Government Code, unless otherwise expressly provided by law. N If applicable, it w~ll comply with Chapter 551 of the Texas Govemm~t Code, which requtins all regular, special, or called meetings of govm-nmental bodies to be open to the public, except as otherwise providerl by law or specifically permit~d in the Texas Constitution. ARTICLE 3. COMPENSATION A Tbe method of paymenI for this Agreen~mt will be based on actual costs reCUrred up to and not to exceed the limits specified in P~naehment E. Traffic Safety Project Budget. The amount included tn the grojoct Budgut will be de~amxl to be an estimale only and a higher mount can I~ reimbursed, subjeet to the conditions specifi~ in paragraph B hereamder. If AnaehmenI E, Traffic Sa.fm'y Project Budset; Project Title: STEP - Imoaired Drivine Mobilization (IDM 163) Subgrantee: City of Corous Christi Attachment B sPCOfies thaw costs are based on a specific rate. per-umt cost, or other method of payroll reimbursement will bc based on thc specified method. All payments will be made in accordance with ~A.n~hm~t E, Traffic Safety Project Budget. The Subgrantec's expcodilures may overrun a budget c~togo~ (1, I1, or III) in the approved Project Budget without a gralat (budget) an~ndment, as long as the overrun does not exceed a total of five (5) percent ~ year of the maximum amount eligible for reunbmt (TxDOT) mtbe a~'nch~sd Project Budget for the cuncul fiscal year This overrun must be off-set by an eqmvalcnt undermn e~ in the Project Budget. If thc overrun is five (5) porcent or less, the Subgmntee must provide wri0am notificauon to the Dcpartmcm prior to the Request for Reimbursement being approved. Ttds notfficafion mu~t be in the form of an znnehm~ to th~ Request for R~nb~ that covers the period of the overrun. This a~tachnmm must indicate the amounL the percc'nt over, and the spechSc r~ason(s) for the overrun. An~T ovemm of more than five (5) percent of the amount eligible for reimburscn~nt (TxDOT) in th~ attach~ Project Budget requires an amcndn~nt of thru Grant Agrecn~m. Thc m,xxmmm amount eligible for reimbttrsemont shall not be ~ above the C_u-and Total TxDOT Amou~ in thc approved Project Budget, unless tlUs Grant Agn~mcnt is mncnded, as describod tn Article 5 of this Agrecm~mt. For SclCCUve Traffic Enforcement Progxam (STEP) grants only: In AOachm~ E of thc Gra~ Agreement, Tm.fflc Saf~ Project Budget (Form 2077-LE), Subgrantees are not allowed to uae underrun ~hnd~ from the TxDOT amount of (100) Salaries, Subeategories A. "Enforconont~" or B, "PI&E Activities.' to cxceod thc TxDOT amount listed in Subcategory C, "Other.' Also, Subgxantees are not allowed to use undcrrun funds ~ the TxDOT amou~ of (100) Salaries, Sub,~t,~gories A~ '~Eafor~' or C, "(Mher~" to exceed tbe TxDOT amount listed in Subca~ry B, "PI&E Activi~es." The TxDOT amount for Subc. mego~, B, "Pl&E Activities," or C, "O~r," can only be ey. conq~ wh'hin the 5 p~cent flexibility, wi~h underrun 5,~ from Bud~ Cnt_~oories II or Ill. To be eligible for reimbursernem under this Agrecmcm, a cost must be recurred in accordarw~ with Al~achmcnt E, Traffic Safoty Project Bnd~ within thc tune frame specified in the Gta~t Period on page 1 of this Grant Agrocmcnt, am-ibutable to work covered by this Agre~rnc~L and which has beon c~n~,lctod in a rammer sattsfactow and acceptable to the Dcpartmem. Federal or TxDOT funds cannot supplam (replace) fumis from any other sources. The term "supplanting" refers m the use of federal or TxDOT funds to support pers~'mnel or all a~ty ~ supported by local or state funds. Payment of costs mCUl-red under this Agrecm~ is further governed by one of the following cost principles, as appropriate~ ontlmed in thc Federal Office of Managonont and Budget (OMB) Ciroula~: · A-21, Cost Principles for Institutions of Higher EduCaaon; · A-87~ Cost Pl-hl¢iples for Sin*e, Local~ and lpdinn Tribal Governments; or, · A-122, Cos~ Principles for Nonprofit Or~ nizations. The Subgramee agtcc~ to submit monthly or quart~y Request~ for Rehnburscmc~ as des~Enamd in 3,n~ohn~nt D, Action Plan, within thirt~ (30) days after the end oftbe billing period. The Subsxamec ~l usc bdhag forms ar. ceptab|e to the Dcpartn~nt. Thc ori~na! Request for Reimburson2mt, with th~ Project Title: STEP - Imoaired Drivin~ Mobilization (IDM 163) Subgrantee: CRv of Corous Chl-isti AHachment B appropriate backup documentahom must be submitled to the DepartmlmI address shown on Attachment A, MajlinE Add~sses, of this Agreemeat. In additi~ a copy of the Request for Reimbumam:nt and appropriate backup documentation, plus thr~ (3) copies of the Request for Retmburscmont without backup documenlation~ must be submitl~l to this same address. G The Subgraatec agrees to subrmt the final Request for Reimbursement under this A~atmt within forty-five (45) days of the end of the grant period. H The Department will exercise good faith to make payments within thirty (30) days of receipt of properly prepared and documentt~d Requests for Retmbttrsement. Payments, however, are cont;,%oent upon the availability of appropriated funds. Project agreements supported with federal or TxDOT funds are hmited to the length of this Grant Period, wtuch is specified on page I of this G-rout Agreement. If the Department de~rmines that the projcet has demonstra~ merit or has potential long-range benefits, the Subg~ntee may apply for fimdinE assistance beyond the initial Agreement period. Preference for fm~ling will be given to tho~ projects for which the Subgrantce has assumed some cost sharing, those which propose to assume the largest percentage of subsequent project costs, and those which have demon_mated performance that is ace~table to the Department ARTICLE 4. LIMITATION OF LIABILITY Payment of coals mcurrcd hereunder is conttngent upon the availability of funds, fiat any tune during this Grant Period, the Deparan~t detemfines that there is maufficient funding tO colltiJlue ~ projecL the Departme~ shall so notify the Subgra~tee, giving nOace of intea~ to terminate tiffs Agrcm~nt, as sp~ified in Article 11 of this ~. If at the end of a federal risc. al year, the Departmem deteframes that there is sufficient funding and performance to continue the project, the Department may so nm/fy the Subgrame to continue this agreement. ARTICLE 5. AMENDMENTS This Agreement may be amended prior to its expiranon by mutual wtitlen coment of both parties, utiliTir~ the Grant Agre~an~t Amendment designated by the Department. Any amendment must be exenut~l by the parties wjthin th~ ~ P~"iod, as SpeCified on page I of this Grant rant. ARTICLE 6. ADDITIONAL WORK AND CHANGES IN WORK If fl~ Subgrante~ is of the opinion that any a&qiffned work is beyond the scope of this ~ and corn mtdi~iomal work, the Subgranten shall promptly notify the Departn~nt in wtitlng, ff the Dq~tment finds that such work does constitute additional work, the Department shall so advise the Subgmntce and a written ~t to this Agreement will be executed according to Article 5, Am~ndrmm~, to provide compensation for dom8 this work on the same basis as the on~nal work. If performance oftbe additional work will ea,,ce ~be maxunum amount payable to be exceeded, the work will not be performed before a written gram amendment is executed. If the Subgramee has submitted work in accordance with the terms of this Agreement but the Departraent requests el'ranges to the completed work or parts thereof which revolve ckan~mes to the ori~nsd scope of services or character of work under flxis Agrcement, the Subgiantee shall make such revisions as requested and directed by the Department. This will be considered as addit/onal work and will be paid for as specified in this Article. Project Title: STEP - lmoaired Drivin~ Mobilization (1DM 163) Subgrantee: City of Corous Christi Attachment B If the Subgram~ submits work that do~ ilot comply with Ih~ t~rrns of this Agro~mmL fl~ Dq:k~m~mt shall ms~uct the Subgmntee to make such revisions as are necessm3, to bnng 6de work into comphanc~ with this ~. No aarlirional compensation shall be Pard for this work. Thc Subgrantcc shall make revisions to thc work auti~rizcd tn this Agreement. which are necessary to correct errors or OnUssions apl:~nn~ th~rcm, wl~n required to do so by thc D~a_rm~'~t. No addrtJonal coml:~nsafion shall bc Pard for fllJs work. Th~ l~partng~ shall n(i be responsible for ac~ons by the Subgrant~e or any costs incurred by th~ SubgrarCu~e relating to additional work not din~'tly associated with or prior to the execution of an ARTICLE 7. REPORTING AND MONITORING Se~c~ve Tr~r~ F-adorcemem Proart.m_ · iSTEPI) - !~n_nair~d Drivin~ M~on (~M 163): Su~t~ mu~ sub~ Peffo~ ~ ~ ~ ~r ~c S~ ~r~t E~ el~y ~ a ~y ~ ~a ~ Buc~e Up Te~ w~ (x~ bucklct~tcx~ corn). ~ ~ m~ ~ ~b~ ~ ~r ~ ~ ~ ~y of ~ ~ fo~o~ ~ ~r~t ~. ~ ~a w~ ~t~n: ~ a ~ ~or~t data for ~ DWI ~(s) ~ ~ p~ing ~. Subgrantees must also submit Performance and Annex reports for the labor Day Holiday Crackdown electrOmcally on th~ Buckle Up Texas website (xxxxxx bucklcu~tcxas corn) no later than 15 days after thc enforcement period concludes. The report will only include data fir'OlTI thg tailor Day Holiday Crackdown (August 19 - September 5, 2005). The due date for this report is Scptea~b~r 20, 2005. The performance report will include, as a minimum: (1) a companson of actual acc, ompli~hmcnls to the objoctives established for the I~-iod, (2) reasons why established objectives and pcrformanoe measures were not met, ff appropnale, and (3) other pertinent informalaon, including, ~ appropriate, an analysis and explanalion of cost undemms, overruns, or high unit costs. The Subgrantce shall submit the Final Performance and Adminigtralave Evalnation Report ele~nically w~thin flxirty (30) days after completion of the gram. The Subgrantee shall promptly advise the Department in wr/nng of events that will have a siEniflcant impact upon this Ag~xanent, including: Problems, delays, or adverse conditions, illcluding a change of project director or other chan~oe$ in Subgrantec persomael, thai[ will materially affect the ability to attain objg~Jves alld porfortnnne~ me:azures, prevent thc meeting of tune schedules and o~jl~[lvo8' Or preclude thc allairnmmt of project objoctives or performance measures by the estabhshed time periods. This disclosure ~hnll I~ aCc°mpamcxl by a statcmmt of the aclaon taken or contemplaled and any Dcpartmerst or federal assistance needed to resolve the situation. Favorable developments or events tha~ enable meeting tune schedules and objectives sooner than anticlPnted or aghievillg gmaler performance measure output than originally projected. Project Title: STEp - l~_n~ir~d Driving Mobilization (IDM 163) Subgranme: City of Corous Christi Attachment B ARTICLE 8. RECORDS Thc Subgrantee agrccs to maintain all reports, docum~ts, papers, acco~mting records, books, and other cvidgn~ p~rtaininE to co.ts mc~rre~[ and wod~ l:~'~'ormed hero,,~l~r. (hereinafter call~ thc records), and shall make such records available at its office for the tune period authorized within the C_n~t Period, as specified on page I of this Grant ~t. The Subgramee further agrees to rcSnin said records for four (4) yea. rs fi'om the date of final payment under this Agreement, until completion of all audits, or nrail pending lilzgation has been con~ole~ely 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 Cu~troller C_mneml shall have access to the records. This right of access is not limimd to the four (4) year period but shall ~ as long as the records are retained. ARTICLE 9. INDEMNIFICATION To the extent permitted by law, the SubgranI~e, ff other than a governmem entity, shall indemnify, hold, and save harmless the Department and its officers ~ employees from all claims and liability due to the acta or omissions of the Subgraatee, its agents, or employees The Subgranlee also agrees, to the extent pemUtted by law, to indemnify, hold, and save harmless the Department fxom any and all expenses, including but no~ limitod to allorn~y fees, all court costs and award~ for damager's incurred by the Deparlment in litigalaon or othemase resisting such clroms or liabilities as a result of any a~dvities of the Subgt~mtee, its agents, or employees. Further, to the ext~mt permitted by law, the Subgrantee, if oflaer than a government entity, agrees to protect, indemnify, and save hamfless the Department from and againqt all cl,~lls, d~lll~rtrle, ~d causes of a~oll of ever5 kind and character bro~,Eht by any employee of the Subglantee again~ the Dgpa.rtm~-nlt due t~ personal injuries or d~th to such employee resulting from any alleged neglig~t act, by either commir~qion or °nUSsion on the part of the Subgrantee If the Subgrantee is a government entity, both pam~ to this Agreement agree that no party is an agent, servant, or employee of the oflaer party and each party agrees it is responsible for its indiviehml acts and de~ts, as well as the acts and deeds of its contractors, employees, repreSemaaves, and agents. ARTICLE 10. DISPUTES AND REMEDIES This Agreement sup~n'~os any prior oral or wrillen agn:ements. If a conflict arises between this Agreem~ and the Traffic Safety Program Manual, fins Agn:ement nhall govexn. The Subgrantee shall be responsible for the settlement of all coalxa~tal and admmislrative issues arising out of procureanent made by the Subgran~ in support of Agreement work. Disputes concerning performance or paymmt ~hall be submitt~ m the Department for settlem~t, wilh the Exectrfive Director or his or her designee acting as final referee. Attachment B Project Title: STEP - Impaired Drivin~ Mobilization (IDM 163) Subgrantee: CiW of Coruus Chriati ARTICLE 11. TERMINATION This Agreement shall remam in effect until ~c Subgrantee has salasfactorily completed all services and obliganons described hereto and these have been accelmxl by ~he Dep~,~at, mfless: · This Agreement is termmatw'l in writing with the mutual consent of both part~es; or · Tbe~ is a wrirum flinty (30) day nottce by either party; or · The Depaxlm6mt detenmnes that the performance of the prOject is not in the best interest of the D~parlxn~ and il-tfom tl~ Sut~ta.otllag ~ tl~ project is ll~rminat~d immt~intely. The Department shall com},ensate the Subgmntee for only those chgible expenses recurred during the Grant Period specified on page 1 of this Grant Agreement which axe direcaly alXrib-mhle to the c~zitJle~l portion of the work covered by this Agreem~L provided that the work has been complot-M ill a rnarm~r satisfactory and ~le t~ abe Department. The Subgramee shall not incur nor be reimbtwsed for any nu'w obtigaUons after the effective date ofternunation. ARTICLE 12. INSPECTION OF WORK Tl~ l:)epanm~t and. when fe~leral fimd'~ are revolved, thc US DOT, or any a~thorized mpreSantanve then:of, have thc right at all reasonable thnes to respect or otherwise evaluate the work performed or being performed hereunder and the prermses tn which it is being performed If any inalx~on or evaluation is m.tt~ on the premises of the Subgrame~ or its subcontractor, the Subgrant~: shall provide and reqmre its subcontractor to provide all reasonable facilities and assistance for the safety and convenieace of the inspectors in the l:~n'formaace of their duties. All insp~x:tion~ and evaluanons shall be performed in such a manner as will not unduly delay the work. ARTICLE 13. AUDIT The Subgran~ shall comply with the reqmrements of the Single Audit Act of 1984, Public Law (PL) 98- 502, ensuring tha~ the single a,uli~ n:~0rt includes the coverage stipulated in OMB Cirodar A-133, "Audits of Sta~s. Local Govermnents. and Other Non-Profit Orgaui~tions.' The m au&mr may conduct an audit or mvesngafion of any enmy miring funds from the m dinxfly under this ~ or indirectly lhrongh a subcontract ,,~er this Agreemem. Acceptance of funds directly ,m~r this ~ or indireotly throagh a subcx,ntxaet ,,rater this At~am~mt acts as m of the authority of the S,ate Auditor, under the direction of the legislative andit committee, to conduct an aucht or mvesti,~tion in c. onne~on with those funds. ARTICLE 14. SUBCONTRACTS The Subgrantee shall not enter mm any subcontract with indivi~hmls or orsamzatioas i~ a pan of the Subgmntee's o ~r?ni~alaon w/ttmut prior written concurrence with the subcouhaCt by the Departmem. Subcontra6~ nhall contain all required provisions of this Agreement. No subeOuhaCt will relieve the Subgrantae of its responsibility_ under this Agreement. ARTICLE 15. GRATUITIES Texas T~on Commission pohcy rnar~t~ that employe~s of the Department shall not accept any be~fit, gift, or favor titan any person doing business with or who, rea.~nably speaking, may do business Project Title: STEP - Impaired Driving Mobilization (IDM 163) Subgrentee: Cil~ of Coro~ Chrilti Attachment B ~ t~ Oepanm~ ..,~r this Agr~t~nt. T~ only exc~ptio~ allowed ase ordinary bLiSlnBSs l~lch~s al~ items that have received thc advaneed written approval of the Dcparm~'nt's Executive DLrector. Any person doing business with or who reasonably speaking may do busU~Ss with the Department under this Agreement may not make any offer of benefits, gifts, or favors to Departmcm employees, except as mem~omxl bere above. Failure on the pan of the Subgrantee to adhere t~ this policy may result in termmanon of this Agreement ARTICLE 16. NONCOLLUSION The Subgrantee warrants that it has not employed or re*uMncd any Colnpany or person, other than a bona fide employee working solely for the Subgrantoe, to solicit or secure this Agreement. and that it has not prod or agreed to pay any company or person, other than a bona fide employee, any fee, eommi~,qon. perc~a&tge, brokerage fee, gi~ or any other consideration co~Gagent upon or resulting from the award or making of this Agrcelnent. Ifth~ Subg~antee breaches or violnt~ this warramy, the Department shall have the right to annul this Agreement without liability or, in its discretion, to deduct flora the Agreement pnee or cormiderat~on, or otheiwise recover th~ full amount of su~ fee. commission, brokerage fee, contingent fee, or ARTICLE 17. CONFLICT OF INTEREST The Subgrantee represtm~ that it or its employees have no cordlict of interest that would m any way interfere with its or its employees' performance or which in any way conflicts with the immre~ of the Departl:ne~. The Subgr~l/ee nh.all exercise reasonable care and diligence to prevent any aCaons or conditions that could result in a conflict with th~ Department's interests. ARTICLE 18. SUBGRANTEE'S RESOURCES The Subgramee certifies that it presently has ack~ate cp,alified personnel in its employmem to perform the work n:quired under this AgreemmL or will be able to obtain such personnel f~nn sources other than tbe Department. All employees oftbe Subgrantee shall have such knowledge and ex~rience as will enable thean to perform t~ duties assigned to the~. Any employee of thc Subgrantoe who. in the opimon of the Departme~ is mc~,.vete~t or whose co. eh,ct ~ den'hnemal to thc wodc, shall immediately be removed from association with the projcet. Unless otherwise specified, the Subglantce shall furmsh all equiprmmt, materials, supplies, and other resources required to perform the work ARTICLE 19. PROCUREMENT AND PROPERTY MANAGEMENT The Subgrante~ shall establish and administer a systom to procure, control, protect, p~serve, use, maintain, and dispose of any property furmshed to it by the Department or purvhaeed pursamnt to tiffs Agreement in accordance vath its own property management procedures, provided that the procedur~ are not in conflict with the Department's property management procedures or property mm~L2emem standards and federal standards, as appropriate, m: Attachment B Project Title: STEP - l_m_~ired Drivine Mobilization flDM 163} Subgrnntee: City of Cor~us Christi 49 CFR. Part 18, "Uniform Admmistraave Requirements for Grants and Coope~ve Agnx:mcnts to Shale and Local Govenunents," or 49 CFR. Part 19 (OMB Cir¢,,lar A-110), "Uniform Admini~etxa.tiv¢ Rcq~n for Grants and ~ with Instittraons of Higher Edu~aaon, Hospitals, and Other Nonprofit Orgaxfizations/' ARTICLE 20. OWNERSHIP OF DOCUMENTS AND INTELLEc'I'UAL PROPERTY Upon completion or termination of fins Grant Agreen~nt, whether for cause or at the convemence of the parties l~,eto, all fini;hed or unfinighed doollrlu~'g, data, sIMdit~, Sllrv~ys, reports, iliad, dl~,~in~n, model~, photographs, etc. prepared by the Subgrantee, and eqmpraent and supplies pur,,ha~l with grant funds shall, at the option of the Deparm~nt, become the property of the Department. All sketch, photographs, calculations, and o~ber data prepared under this Agreement shall be made available, upon request, to thc Dcpaxtmem without resmction or l~on ofth~qx further use. A lrfleUcc~,al property consmts of copyrights, pat~s, and any other form of inteUcx~,al property covcrUlg any data [gll~S, sofi'waxe, invgffdolls, tlmining matlua.~, systems design, or other prophetary mforma~on in any form or medium. B All rights to Department Th~ Dcpartm~nI uhall own all of the rights (in~uding copyrights, copyright applications, copyright rcngwaLs, and copyfi~oht extensions), title and interests in and to all dam, and other information developed ,,ruler this contract and versions thereof unless othe~vise agreed to in writing thai there wi]] be jotul ownership C All rights to Subgrantee Classes and materials initially developed by the Subgramee without aay type of funding or resource assistance from the Department remain the Subgrantce's inlellectual property. For these classes and materials, the Departn~nt payment is limiuxl to paymem for attendance at classes. ARTICLE 21. SUCCESSORS AND ASSIGNS The l~m-'l~mt and flae Subgrantoe each binds itself, its successors, executors, assiEnu, and admmisamtors to ~ oth~ party to this Agre~llant and to th~ sucee~ors, ~.~ttors, assi.qng, alx:l admini~rs of such other party in respect to all covenants of this Agreement. The Subgrantee shall not assign, sublet, or uansf~r mtexest and obligations in tlus Agre~nt wittmut written conscm oftl~ I)qmmmaxt. ARTICLE 22. CIVIL RIGHTS COMPLIANCE A. Cc~nloliane-e wilJi rggulations: The Subgt~I~ shall comply with the regulations relative to ru'~discrimination in fedenally-assisted progxams of the USDOT: 49 CFR, Part 21; 23 CFR, Subehapter C; and 41 CFR, Parts 60-74, as tbe-y may be am~kxl periodieadly (bercinafl~ referred 1o as the Rogmlations). The Subgrantee agrees to comply with Executive Order 11246, entitled "Equal Employmamt Oppormnits," as ameaxled by Executive Order 11375 and as suppleaneaxted by the U.S. Department of Labor regulations (41 CFR, Part 60) B Nondiscrimination: The Subgrantee, with regard to the work performed during the p~cd of this Agn:xammt, shall not discriminate on the grounds of race, color, s~-x, nahonal orion, age, religion, or diaability in the selection and retention of subcontractors, including procureane~ts of rnat~dals and leases of eatmpment C Soticitalions for subcrmtra~, mcluding procurememt of martials and extuipme~: In all solicitations either by competitive bidding or negotiation made by the Subsxam~ for work to be performed under a Project Title: STEP - In~lired Drivin~ Mobilization (IDM 163) Subgrnntee: City of Cor~us Christi Attachment B subconhd~ including prOc~ of materials and leases of eqmpment, each potential subcoahactor or supplier shall be notified by the Subg~antee of the Subgrantee's obhgattons under this Agrcememt and tl~ regnlations relative t~ nondiscrilTlixl~ion on the grouods of l~ce, color, sex, nalaollal ori~n~ rellgim~ or disability. D Information and reports: The Subgmntee shall provide all informatJon and reports n~luired by the resulatio~s, or directives issued pursuant thereto, and ~hall fa'nut access to its books, records, aceo~mt-q, otl~r so~rces of in.formatton, and its fi~cilitfes as may be deem'rmin~ by the D~p~h.,ent or the USDOT m be pe~t to ascortam compliance with such regulations or directives. Where any reformation required of the Subgraraee is in the exclusive possession of another w'ao fails or refu~es to furnish this informatJofl, the Subgraxttae shall so certify to the ~ or the US DOT, whichever is apprr~ria~, and shall s~ forth what eaCt-orts the Sul:~lanl~ has marlo to obtain the requesI~l information. F Sallctlons for no~comphance: In the event of ~ Subgrantae's nonc~npl_ianeg with tl~ noodis~h.,inafion provision of this ,~t, the Department shall tmpose such sanctions as it or tt~ US DOT may determme to be appropriate. Incorporalaon of provisions: The Subgrant~e shall include tbe provisions of paragraphs A. through E. tn every, subcontract, including procmr~mmts of materials and leases of eqUtpme~ unle~ ex~mpt by the regulations or din:~aves. The Subgrantee shall take such action with respect to any subcontract or procttrean~t a~ the Bepartm~t may direct as a means of enforcing such provisious, in~ndin~ sanctions for noncomplmnce. However, in the event a Subgmntee be~xn~ revolved in, or is thm~t~e~d with litigation with a subeotm~-tor or suppher as a remit of such direction, the Subgrantoe may request the Department to ~mter mm litiga/aon to protect the interests of the state; and in addition, the Subgran~e may n:qu~t tl~ United States to enter into such htigalion to protect the interests of th~ Umted ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE It is the policy of the Dapartmem and the USDOT that Disadvanta~m~d BusineSs Enterprises, as defined in 49 CFR Part 26, shall have the opportunity to pa.~cipnle in the p~-formance of agre~nxmts financed in whole or in part with federal fimek. Consequently, the Disadvantaged Business Enlerpnse requirements of 49 CFR Part 26, apply to this Agreement as follows: · The Subgrarrt~e a~rees m insure that Disadvantaged Busmess Enterprises, as defined in 49 CFR Part 26, have the o~pom.mity to paxtJcipale in thc l:~"formance of agreeammts and subco~txa~ financed in whole or mpart 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 Ent~p~ have · The Subgraxlt~ and ally Stll~llfac'tor s[lal] ~ di~:rlmitla~ on th~ basis of ra~, color, sex, nalaonal origin, or disability in the award and performance of m funded in whole or in Thee requtmme~ shall be included in any subcontract Fatlum to carry out I~ l~lUireanents set forth above ~hall confi~litu~ a breach of this Agn~ax~nt and, after the n4~fi~on of the ~ may result in termination of this Agmem~ by the Departn~nt, or otl~r such nam~dy as the Department deems appropriale. Attachment B Project Title: STEP - lmoaired Driving Mobilization (IDM 163) Subgrantee: City of Corous Christi ARTICLE 24. DEBARMENT/SUSPENSION A The Subgrantee certifies, to the best of its knowledge and belief, that it and its principals: Are not preaently debarred, suspended, proposed for debarment, declared ineligible or volumanly excluded from covered transactions by any federal department or agency; 2 Have no~ within a three (3) year Period preo~ing this Agreement been convicted of or had a civil ju~ rendered against them for c,.a,mdssion of fraud or a criminal offense in comaection ruth obtaining, a_rt~qmng to obtain, or perfomung a federal, state, or local public tmasac~on or contract under a public transaction; violation of federal or state antm-ttst statutes; or c~mrmssion of embezzlement, thefL forger5_', bribery, falsification or destruction of records, making false staWments, or receiving stolm property.: Are not presently indiO, ed or otber~mse criminally or civilly charged by a federal, slate, or local governmental entay ~4th comrmssion of any of the offenses enumexated in paragraph A. 2. of this Article; and 4 Have not, within a thr~ (3) year period preceding this Agreement, had one or more federal, stale, or local public transa~ons terminated for cause or default. Where the Subgrantee ts ,mahle to certify, to any of the statements in this Article, such Subgrantee shall atltach an explanation to this Agreement. The Subgrantee is prohibited from making any award or permitting any award at any t/er to any party which is debamM or suspended or otherwise excluded fxom or ineligible for participation in federal assk~ance programs under Executive Order 12549, Debarment and Suspension. D The Subgtante¢ shall require any pan'5' to a subcontract or purchase order awaxfled under this Grant Agreement to certify its eligibility to receive federal grant funds, and, when requested by the Department, to furnish a copy of the certification ARTICLE 25. LOBBYING CERTIFICATION The Subgraaten certifies to the best of his or her knowledge and belief that: A No federally appropriated funds have been Prod or will be Prod by or on behalf of tbe Subgrantee to any person for influencing or attempting to influence an officer or caJ~ioyee of any fedeial ageacy, a M~nber of Congress, an officer or employee of Congress, or an employee of a Member of Cong~ss in o. aun~on with the awarding of any ~ contract, the making of any f-ede~ grant, th~ ma3dng of any federal loan, the entering into of any cooperaUve agreemem, and the extension, contmuahon, renewal, ~t, or modification of any federal contract, gra~, loan, or coo~rative agn~nm~t. B If any funds other than federal approprlat~t funds have been paid or will be paid to any pemon for inttuencmg or attv.~Jting m influ~a~e 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 co~hact, grant, loan, or cooperative agreement, the party m this Agreement shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," m accordance The Subgrantee shall requtm that the language of this certification be included in the av~.rd documems for all subawards al all t~ (including sul:W, onha~ets) and that all subreeipiems ahall certify and disclosc aecordingly. Attachment B Project Title: STEP - lmoairvd Drivin~ Mobilization (IDM 163) Subgrontee: City of Corou$ Christi This certification is a mmerial representation of fact upon which tellance was placed wixen thi~ tra~sa~a~ was made or ente~l into. Submission of this certification is a prerequisite for making or entering into this transaOaon imposed by S.ection 1352. Tffie 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 STATEMENT Unless t~ Subgrantee is a gove. u,,emal or non-profit l~dty, the Subgrarr~ certifies that it e4t]l~ will go to the Department's website noted below and complete the Child Support Smtemem or already has a Child Support Stat~xtent on file w~th the Departmem . The Subgmmee is responsible for keeping the Child Support Stalzanent current and on file with that office for the duration of this Agreement period. The Subgrantee further cemfies that the Child Support Statement on file contains the child support infonml/on for the indivirhmls or business entities named in this grant. Under Section 231.006, Family Code, the Subgrantee certifies that the inttiv/dual or business entity named in this Agreement is not ineligible t~ receive the ~ed grant or payment and acknowledges that this Agreement may be temfinated and pa.vment may be withlztd if this certificanon is Inaccurate The form for the Child Support St~t~x~mt is available on the Internet at: ~ lp ~,x~ dotstatctx us/cs~ dclh~lt him Project Title: STEP - Impaired Driving Mobilization ([DM 163) Name of Subg~ antee: City of Corpus Christi Traffic Safety Project Description Attachment C OBJECTIVES AND PERFORMANCE MEASURES The Objectives of this grant are to accomplish the following by April 30, 2006. To increase DWI arrests during the Labor Day Holiday Crackdown and during a sustained DWI enforcement effort from July 1, 2005 through April 30, 2006 in locations as defined in Attachment F, Operational Plan. [ Target Objectives/Performance Measures Number A. Labor Dav Holiday Crackdown (August 19 - September 5, 2005) 1. Number of DWI arrests to be made under STEP during Labor Day Holiday Crackdown 24 2. Number of STEP enforcement hours to be worked 144 B. Sustained Enforcement Effort / DWI Ooerations (July 1, 2005 - April 30, 2006) 1. Number of DW1 arrests to be made under STEP during sustained enforcement effort 68 2. Number of enforcement hours worked 406 C Complete administrative and general grant requirements as defined in the Action Plan, Attachment D. 1. Submit the following number of Performance Repons, including the Final Performance Report and Administrative Evaluation Report (AER). Ten (10) Sustained DWI Operation repons, one (1) Labor Day Holiday Period report and one (1) Final Performance Report and AER. 12 2 Submit the following number of Requests for Reimbursement I0 D. Support grant enforcement efforts with public information and education (PI&E) as defined in the Action Plan, Attachment D 1. Conduct a minimum of five (5) presentations. 5 2. Conduct a mimmum often (10) media exposures focusing on the DWI Sustained Effort / 1 per month (e.g., news conferences, news releases or news interviews). 10 3. Conduct one (1) media exposure (e.g., news conference, news release or news interx4ew) before the Labor Day Holiday Crackdown. 1 4 Conduct one (1) media exposure (e.g, news conference, news release or news interview) after the Labor Day Holiday Crackdown 1 5. Participate in a minimum of three (3) community events (e.g., health fairs, traffic safety booths). 3 6. Distribute the following number of public information and education materials if applicable 500 7?affic Safet~ Pro]ect Description Page 1 of 4 TxDOT Pbrrn 2076-IDM 163 (Rev: 4/26/2005) NOTE; Nothing in this a~-eement 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 In addition to the STEP enforcement activities, the subgramee must maintain baseline non- STEP funded citation and arrest activity due to the prohibition of supplanting. RESPONSIBILITIES OF THE SUBGRANTEE: A Carry out the objectives and performance measures of this ~rant by implementing all activities in the Action Plan, Attachment D. B The Objectives/Performance Measures shall be included in each Performance Report and summarized in the Final Performance and Administrative Evaluation Report, C Submit all required reports to the Department 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, Attachment B of this Grant Agreement. This includes reporting to the Department on progress, ach/evements, and problems in periodic performance reports All required documents must be accurate. Inaccurate documents will delay any related Requests for Reimbursement. D. The Subgrantee must enter all Performance and Annex Report data on the Buckle Up Texas Website (www.buckleul~texas.com) no later than the 15m day of each month for the Sustained Enforcement Effort. The report wffi contain enforcement data from the preceding month's DNVI operation(s). Prhnted versions of the Website reports are acceptable versions for hard copy submissions. E The Subgrantee must al~o enter all Performance and Annex Report data for the Labor Day Holiday Crackdown (Aug. 19 - September 5, 2005) on the Buckle Up Texas Web, ire {www.buckleuptexas.com} in a report no I~ter than September 20, 2005. The re~ort will only eontai~ the enforcement ~h~lm for the L~bor Day ltolidav Crackdown. Printed versions of the Website reports are acceptable versions for hard copy submissions F A Final Performance and Administrative Evaluation Report summarizing all activities and accomplishments will be submitted to the Department electronically via the Buckle Up Texas Website (www.buckleul~texas.com) no later than thirty (30) days from the grant ending date. G. Attend meetings according to the following: The Subgrantee will arrange for meetings with the Department, as indicated in the Action Plan, to present status of activities and to discuss problems and the schedule for the following quarter's work. 2. The project director or other appropriate, quafified persons will be available to represent the Subgrantee at meetings requested by the Department. H. When applicable, all newly developed public information and education (PI&E) materials must be submitted to the Department for written approval prior to final production. Refer to Chapter Five (5), Section Eight (8) of the Traffic Safety Program Manual regarding PI&E procedures. The manual is located at http://www, dot state tx.us/trafficsafety/default .btm D'alTtc Safety Project Description Page 2 of 4 TxDOT Form 2076-1DM 163 (Rev: 4/26/2005) Attachment C Project Title: STEP - Impaired Driving Mobilization (lDM 163) Subgrantee: City of Corpus Christi I. For out of state travel expenses to be reimbursable, the Subgrantee must have obtained the written approval of the Department prior to the beginning of the trip. Grant approval does not satisfy this requirement. For Depmtment distriet-managed grants, the Subgrantee must have written Department district approval for travel and related expenses if outside of the district boundaries. J Maintain verification that all expenses, including wages or salaries, for which reimbursement is requested is for work exclusively related to this project. K 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. The Subgrantee should have a safety belt use policy. If the Subgrantee does not have a safety belt use policy in place, a policy should be implemented during the grant yeall'. M Can-y out the objectives of this grant by implementing the Operational Plan, Attachment F &this Grant Agreement N Ensure that each officer working on the STEP project will complete an officer's daily report form. The form should include: name, date, badge or identification number, type of grant worked, grant site number, mileage (if applicable) (including starting and ending milmge), hours worked, type of citation issued or arrest made, officer and supervisor signatures. O Ensure that no officer above the rank of Lieutenant (or equivalent title) will be reimbursed for enforcement duty. P Support grant enforcement efforts with public information and education (PI&E). Salaries being claimed for PI&E activities must be included in the budget. Subgrantees with a traffic unit will utilize traffic personnel for this grant, unless such personnel are unavailable for assignment. R 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 gram to complete that arrest. S At the time the signatory for the Subgrantee signs the Grant Agreement, provide a letter to the Department from the enforcement agency head, training officer, or authorized individual certifying that the officers working DWI enforcement are, or will 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 subgrnntee, 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 describing the process for contacting and utilizing Drag Recognition Experts (DRE) when necessary. 1~. RESPONSIBILITIES OF THE DEPARTMENT: Tra~c Safety Pro/ect Description Page 3 of 4 TxDOT Form 2076-IDM 163 (Rev: 4/26/2005) Project Title: STEP - Impaired Driving Mobilization (IDM 163) Subgrantee: City of Corpus Clmsti Attachment C A Monitor the Subgrantee's compliance with the performance oblisations and fiscal requirements of this Gram Agreement using appropriate and necessary monitoring and inspections, including but not limited to: 1. review o£periodic reports 2. physical inspection of projeet records 3. telephone conversations 4. e-mails and letters 5. meetings B Provide program management and technical assistance. C Attend appropriate meetings. D Reimburse the Subgrantee for all eligible costs as defined in the Traffic Safety Project Budget, Attachment E Requests for Reimbursement will be procee, sed up to the maximum amount payable as indicated on the cover page of the Grant Agreement. E Perform an administrative review of the project at the close of the gram period to include a review of adherence to the Action Plan, Attachment D and the Traffic Safety Project Budget, Attachment E, and attainment of project objectives. Traffic Safet~ Pro/ect Description Page 4 of 4 TxDOT Form 2076-1DM 163 (Rev: 4/26/2005) F(xm 2OT7-LE (rev 7/1~2004) P~o~ a2 (for Law Enforcement Projects) Project Title: STEP - Impaired DnvinQ Mobilization (IDM 163) Name of Subgrantee: City of Corpus Christi Fiscal Year: [] Ch~ck here ifth~s is a rcviscd budget DaW I~viscd: Traffic Safety Project Budget Attachment E (Round figures to nearest dollar) Other/ TxDOT S!~!~/Local TOTAL Budget Category 1 - Labor Costs (100) Salaries [] Ovcrthne or [] Regular T~mc Salary m~c~ are csmnma:l for bu~lget purpos~ only Rcimbm-~nn~nts will be based on actual costs per emptoyec in accordance with Subg~nten's payroll polio' and ~ls./rate Lisl dermis: A Enforo=inenl (ovcrtunc) 1. Officcm~)cpaties: 5~0 ~ hrs. (a~, $~QQ per hr. 19,2~0 3 Licumnams:__lu~ f~,$ pcrhr 0 B PI&E Activities (ovcrtunc) Sec ~ ln~'~uctioas __ hrs. (a~ $ Fcr hr. 0 C Other (i.c, overtime s~ff. s~pcrvmo~ s~pom conduclmg surveys) Sec Gr'a~ lnmuctions $1x~cffy: ~dmi~i~tra~e salary, 0 (2Oe) Fringe A Ovc~ime: 21.(}~/o 4,454 4,4~4 B. Part-Tune: % 0 C l~gular Time: % 0 To4al Fria~ Bern'fits 4~454 0 4~454 I_ Total Labor Co~z (10~ + 20e) M,999 0 :14,999 * l~d~t Detail l~lulred: As an mlachn~nt to thc budg~ a justifi~tmn and a detmled cx~t breakdow~ is required ] for all ~O~ included for Fnngc 13~ncfl~ (200). Travel ~md Per Diem (300)~ Eqmpmem (400), ~ (5~o), Co~ Sc~ices (600). O~her IVhscellanoo~ (700). and Indirect Cos~ Rme TxDOT Form 2077-LE (rev 7/19/'2004) Attachment E Prat T~e STEP - Impaled Drn~g ~ (IDM 163) S~biF-a~ee: C~i 0¢ C~.~ Chr~d Fiscal Year: 2005.-200~ [] Check here ff this ~s a revised budget Dat~ P~vised: Budget Category H - Other Dirt~t C~ts (3o~) Trlve{* Reimbursements will be m accordance with Subgrantee's U~vct p. alicy Sub~mtee ma,~a bill fo~ actual travel expenses -- not to exceed the limits mUnbu~able urn:let slate lay,. A. Travel and Pe~ ~ (includm confc~mces, I~inin~ wodtsbo~ and other n~n-,~ffu, cemem travel) B Subgranlee Enforcemenl Vehicle Mileage: Rates .~cl only for buret esm~le. Rcunbun~-mcm will be made accon:lmg Io the ,q.,~uved subgramee's average cost per mile to operge patrol vehiclec~ nm to exceed the applicable Legislature in the travel provisions of the C.e:neaal Appropriations Act, Documentalion of cosl per rode is required l~or to ~nl :~,500.00 miles (~ $Q,5~00 per mile Total Travel (,me) Equipment'. (~) Sapplie~* . (CMO) Comraem.l Servie~* (700) Other B Public mformat~on & eduction (PI&E) mamrials ....... Ed~onal iteans - $ (eg: b~u~hm'es, bump(a' stickers, poslers, fliers, etc.) 2. P-~motional items - $ (eg.: key chares, magnets, p.emcils, p,ms. mugs, elc.) II, Total Other l)i~ot Coa~ (~4,~ + 40~ +5~) +600 + 70~) ...... (Round figures to nem~ dotlar) Other/ TxDOT State/i.,ecel TOTAL o 0 0 0 2,030 2~050 0 270~0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o z so z oao Budget Category IH - Indirect Costs (8o0) Ildir~-t Co~t Ram* (a~ ___%) ............. 0 0 0 Summary: Total Labor Coaa~ ................................................................ To~l Other Dir~t Cos~ ........................................................ To~l ln~i~x-'t Co~ ........................................................ Grand Total (I+H+H]) .................................................... Fumi Soureez (Percent Share) ................................................. ~4,999 o ~,999 o 2,o 2,o o 0 0 0 24r999 2,030 27~029 92.49% 7.51% l* Badger ~ Requi~l: As an ~tuimm to the budget, a justification and a deta~d cost bna.. wn ~s r~lm.red ] for all costs incbu'l,-d f~r Fringe B~-nefits (200), Travel and Per Diem (300), Equipment (400), Supplies (500),I Contractual Services (600). Other Miscellammus (700). and ~ CosI Rate (800) I City of Corpus Christi June 2, 2005 Bill Strawn Texas Department of Transportation P O, Box 9907 Corpus Christi, Texas 78469 Dear Mr. Swam: In accordance with the Impaired Driving Mobilization STEP grant contract, the following individuals have signature authority for the listed grant related documents: Requests for Reimbursement - Director of Finance, City of Corpus Christi All other grant related documents - Chief of Police, City of Corpus Christi Please contact my office if you should have any further questions. /~cerely, /2~rge K. Noe City Manager GN/ppe 2005/2006 Operational Vehicle Cost Rate City of Corpus Christi, Police Department Typo'of Cost Incurred vehicle Cost base amount a. Equipment: 1. Radio 2. Light bar, siren, speaker, headlight flaShers 3. Mobil Data Comput_er 4. Automated Vehicle Location Device 5. Stack mounts 6. Cage 7 Kick Panel 8. Decaling 9. Mounts/console 10. Pushbars Amount Subtotal $ 2_1,500 $ 3,200 $ 1,800 _ S_ 5,443 ..... $ 7,600 $ 297 $ 300 $ 200 $ 250 $ 393 $ 150 b Vehicle preparation (inStallation 0foq~pment~ 2. Sum of vehicle and installed equipment $ 45,133 3. Annua! depr_eciat!9n a. Vehicle, 2 years_strai~ht !!ne b. Equipment, 5 years straight line 4. Total annual depreciation cost 5. Annual liability ~_ns_urance~ 6. Annual maintenance costs 10,604 735 $ 11,339 $ 7,000 7. Annual gasoline usage (39,286 miies @ ~i mpg average per vehicle ~ $--1.00 per gallon _ 8. Total insurance and maintenance costs per~'ear 9. Indirect costs (accts payable, payroll, fiscal dept, etc.)** ~_~11.91 % of direct costs (Block 4 + Block 8 *0. ! 19!~_ 10. Total per year cost of vehicle (Block 4 + Block 8 + Block 9) 1 '~. Average operational cost~oer vehicle mile (Block 10/39,286 miles) $ 1,871 $ 8,871 $ 2,407 $ 22,617 $ 0.58 *City i_s _self-insured J,~.~t~d pel Chris McKee 02/17.%4 updaled per Mi~e~it~ and Russell Yo,,ng 02/~ 8/04 Prepared by Pat P. Eldddge, CCPD STEPVEHICLECOST XLS 6/2/'2~05 RESOLUTION AUTHORIZJNG THE CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO ACCEPT GRANT FUNDING IN THE AMOUNT OF $25,000 FROM THE TEXAS DEPAR'rMENT OF TRANSPORTATION FOR AN IMPAIRED DRIVING MOBILIZATION SELECTIVE TRAFFIC ENFORCEMENT PROJECT (STEP) GRANT FOR DWI ENFORCEMENT OVERTIME PAY wri'HIN THE POLICE DEPARTMENT AND TO EXECUTE ALL RELATED DOCUMENTS. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Manager, or the City Manager's designee, is authorized to accept grant funding in the amount of $25,000 from the Texas Department of Transportation for an Impaired Ddving Mobilization Selective Traffic Enforcement Project (STEP) Grant for DWI enforcement overtime within the police department and for overtime to execute all related documents for the time pedod of July 1, 2005 t~ough April 30, 2006. SECTION 2. The City Manager, or the City Manager's designee, may accept, reject, agree to alter the terms and conditions, or terminate the grant, if said grant is awarded to the City. SECTION 3. In the event of the loss or misuse of these funds, the City of Corpus Christi assures that the funds will be returned, in full, to the Texas Department of Transportation. Al-rEST: THE CITY OF CORPUS CHRISTI City Secretary Henry Garrett Mayor Assistant City Attorney ~- ,2005 Corpus Chdsti, Texas day of ,20O5 The above resolution was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott H:~LEC~DIR~e~lzabeth',Dept Rles~EH Reso4utJons'~Hres155.doc ORDINANCE APPROPRIATING $25,000 FROM THE TEXAS DEPARTMENT OF TRANSPORTATtON FOR FUNDING OF AN IMPAIRED DRIVING MOBILIZATION SELECTIVE TRAFFIC ENFORCEMENT PROJECT (STEP) GRANT FOR DIM ENFORCEMENT OVERTIME WITHIN THE POLICE DEPARTMENT IN THE No. 1061 POUCE GRANTS FUND; AND DECLARJNG AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $25,000 from the Texas Department of Transportation is appropriated in the No. 1061 Police Grants Fund for funding of an Impaired Driving Mobilization Selective Traffic Enforcement Project (STEP) Grant for DVVI enforcement overtime for the time period of July 1, 2005 through Apdl 30, 2006 in the No. 1061 Police Grants Fund; and declaring an emergency. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the cc. cd for immediate action for Ihe efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that bhis ordinance is passed and takes effec~ as an emergency measure upon its first reading, this, the day of ,2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Henry Garrett, Mayor .~/--~._ .) _.__-____~._ Randy A. Stofteroad As~stant City Attorney TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the attached ordirlsl'lc~, an emergency exists requiring suspension of that Charter rule which requires an ordinance to be consida'ed and voted upon at two regular meetings. Therefore, I/we request that you suspend said Charter rule and finally pass this ordinance on the date of its introduction, or at the present meeting of the City Council. Respectfully, Henry Garrett Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Jerry Garcia John Edward Marez Bill Kelly Rex A. KJnnison Melody Cooper Jesse Noyola Mark Scott