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HomeMy WebLinkAboutC2005-279 - 4/26/2005 - Approved[] Federal Pass Through Grant Funds CFDA #20600 [] S*.m Grant Funds For TxDOT Use Only -- Misc Contract Number: 585XXF6120 Chargc Number: 054)4-04-BI-AH Project Year: N/A PIN (14 characters only): 17460005741000 IEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT THE STATE OF TEXAS THE COUNTY OF TRAVIS THIS AGREEMENT 1S MADE BY and between thc State of Texas, acting by and through the Texas DeparU'nent of Tra.nsportalion, hcrcmaficr called the Department, and Cit~ of Corpus Chfish , hereinafter called the Subgrantee, and becomc-s effective when fully executed by both parties~ For thc purposc of this agreement, the Subgruntec is designated as a(n): [] State Agenc5 [] Non-Profit Organization [] umt of Local Govermnent [] Educational Institution [] Other (describe): . _ AUTHORITY: Texas Transportalaon Code, Chapter 723, the Traffic SaFety Act of 1967, and the IJdghway Safety' Plan for thc following Fiscal Year(s) 2005. Project Title: STEP - CIO'[ (Memorial Day Hohdavl Brief Project Description: To conduct a m'o week occuwnt i~rotection enforcement effort durme the Memorial Day Holiday pcnod in order to increase restraint usage and reduce traffic crash injuries and fatalities Grant Period: The Grant becomes effeCUve on May 1, 20(}5, or on the date of final signature of both parties, whichcvcr is later, and ends on September 30, 2005 unless tcrmma-tcd or otherwise modified. Maximum Amount Eligible for Reimbursement: $30,000 The following attachments are incorporated as indicated as a part of the Grant Agreement: · Attachment A, Mailing Addresses · Attachment B, General Terms and Conditions (TxDOT Form 1854) · Attachment C, Project Description (TxDOT Form 2076) · Attachment D, Action Plan (TxDOT Form 1852) · Attachn~nt E, Project Budget (TxDOT Form 2077 or 2077-LE) [] Attachment F, Operational Plan (TxDOT Form 2109) (for Selective Traffic Enforcement Program grants only) Fxl)OI 2005-279 04/26/05 M2005-124 Proiect Title: STEP ClOT (Memorial Da} ttolida}) TEXAS TRAFF'IC SAFETY PROGRAM GRANT AGREEMENT Fhc signatory for the Subgrantee hereby represents and warrants that she/he is an officer of the organization for which she/hc has executed this agrcemcnt and that she/he has full and complete authority to enter into this agreement on behalf of the organization. At thc time the signatory for thc Subgrantec signs the Grant Agreement, she/he will sign and submit to the Department a letter designating signature authority by position title for grant-related documents other than thc Grant Agreement or Grant Agreement amendments. These other granl-related documents will include, but nol be limited to, the following: pedbrmancc reports, final performance report and adnumstrat~vc evaluation report, Requests For Reimbursement (RFRs), and routine correspondence THE SUBGRANTEE THE STATE OF TEXAS City of Cor~us Christi Legal Na~, of Agency] I^u~ Stgnamrel Goorge K Noc lName} City Manager ITitle} Date: Executed for thc Exceutive Director and approved for the Texas Transportation Comrmssion for the purpose and effect of activating and/or carrying out orders, established policies or work pro~rams approved and authorized by the Texas Transportation Commission ~'o CLDistnct Engmoer Texas Departmen! of Transportation (For local project grants under $100,000 or for grants of $100,000 or more that are recommended for approval) Under authority of Ordinance or Resolution Number (for local governments): "- ~iAr4D© C. HAPA Date; Director, Traffic Operations Division Texas Department of Transportation (Not required for local project grants under $ 100,000 ) Date: Attachment A Project Title: STEP ClOT (Memorial [)ay Holiday) Mailing Addresses I~ or the purpose of this agn-eement, the following addresses shall be used to mail all required notices, reports, claims, and correspondence. (NOTE: For warrants (cheeks), the address indicated by the elcctl onic mail code, which is the last three digits of the PiN on page 1 of this Grant Agreement, shall be used Ibr disbursing payments. If that address is not where the Subgrantce wants warrants or checks to be sent, lhe Subgrantce needs to noti~' thc Department of any appropriate changes. For Subgrantee (Project Director): Name: P. Alvarez, Jr I'itle: Chief o1' Police Organization: Co~us Christi Pt~licc Deparlmenl Address:P.O Box 9016 ('ohms Cluisli, I txas 7S4(~ct Phone: 361 ~q80 2604 Fax: 361-886-2607 E-mail: c. pctca(b CCtOXLIS.k'Olll _ }or Texas Department of Tran,portalion: Name: Bill Straven 'lille: Traffic Safety Specialist Organization: Texas Department of Transportation Address: P. O. Box 9907 Corpus Christ~, Texas 78469 Phone: 361 808-2205 Fax: 361-808-2424 E-mail: bsln'awn(~d et. s tare.tx.us Page I ell TxDOT Form 2075 ClOT(rev 3/1/2005) Project Title: STEP - ClOT (Memorial Day Holida¥) Attachment B Texas Traffic Safety Program GRANT AGREEMENT GENERAL TERMS AND CONDITIONS ARTICLE 1. COMPLIANCE WITH LAWS · hc Subgrantec shall compl? voth all federal, state, and Ice. al laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any courts or admimstranve Ix~ies or tribunals in any matter affe~ng the perfolmance of this Agreement7 including, w~thoot Imutation. workers' compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination laws and regulations. and hcensmg laws and regulations When require& the Subgrantee shall furnish the Department vath satisfftctor5 proof of its compliance therewith ARTICLE 2. STANDARD ASSURANCES The Subgrantee hereby assures and certifies that it wqll comply ~nth thc regulations, policies, guidelines, and requirements, including 49 CFR_ Part 18; 49 CFR, Part 19 {OMB Ckrcular A-110); OMB Circular A-87; OMB Circular A-102: OMB Circular A-21; OMB Circular A-122; OMB Circular A-133; and the Traffic Safety Program Manual, as they relate to the appliCalaon, acceptance, and use of federal or state funds for this project Also, the Subgrantec assures and certifies that: 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, mithorizmg the filing of thc application, including all unders~ndmgs and assurances contained tl~reim and directing and authorizing the person identrfi~d as the official rc-presentalave of the applicant to act in connection with the application and to provide such a~tditional nfformation as may be required. It and its subcontractors will comply with Title VI of the Civil Rights Act of 1964 (Public Law 88- 352). as anmnded, and m accordance with that Act. no person shall discriminate, on the grounds of race, color, sex, national origin, age, religion, or disability C It w/Il comply with requi~e.~nts of the provisions of the Uniform Relacation Assistance and Real Property Acquisitions Act of 1970. as amended; 42 USC §~4601 et seq; and United States Department of Transportation (USDOT) regulations. "Uniform Relocation and Rea] Propert3~ Acquisition for Federal and Federally Assisted Programs." 49 CFR. Part 24, which provide for fair and equitable treatment of persons displaced as a result of federal and federally assisted programs. D. It will comply with the provisions of the Hatch Political Activity Act, which limits the political activity of employees (Sec also Article 25. LobbYing Certification.) E It will comply with the federal Fair Labor Standards Act's minimum wage and ovemme requirements for employees perfomUng project work It will establish safeguards to prohibit employees from using thehr positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others. particularly those with whom they have family, business, or other tics. G It will give the Department the access to and the right to exanUne all records, books, papers, or documents related to this Grant Agreement H It will comply uath all requirements imposed by thc Department concemmg special requlmnents of law. program requirements, and other adnunistrative requirements Project Title: STEP - ClOT (Memorial Day Holiday) Attachment B J It rccograzes thru many federal and state laws imposing environmental and resource conservation requirements may apply to t~ls Grant Agreement. Some, but not all, of the major federal laws that may affect the project include: thc 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 Ac~. as amended, 33 USC §§ 1251 ct seq.; the Resource Conservation and Recover5 Act. a.s amended, 42 USC §§6901 et seq.; and the Comprebenstve Envkronmental Response, Compensatiom and Lmbihty Act, as amended, 42 USC §§9601 ct seq. Thc Subgruntee also recOgmzes thai thc US Environmemal Protection Agency, USDOT, and other federal agencies have issued, and in the future are expected to issue, regulatioo, guidelines, standards, order, directives, or other requirements that nmy afl,-ct this ProJect. Thus, it agrees to comply, and assures the compliance of each contractor and each subeontractor, 'oath any such federal requirements as the federal government may now or in the futura promulgate It will comply with the flood insurance purchase requircmerrts of Section 102(a) of the Flood Disaster Protection Act of 1973, 42 USC §4012a(a). SenUon 102(a) reqmres, un and after March 2, 1975, the purchase of flood insurance m communities where such insurance is available as a condition for the receipt of any federal financial assista.nee for construction or acquisition purposes for use in any area that has been identified by the Seercta~' of the Departmcm of Housing and Urban Development as an are. a ~lavillg Sp~:~ial flo~ ~q?~rdS Th~ phrase "federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance lean or grant, or any form of direct or indirect federal assistance It will assist the Department tn its compliance with Sectaon 106 of the Nalaonal Historic Preservation Act of 1966 as amended (16 USC 470 et seq.), Executive Order 11593, and thc Antiqmties Code of Texas (National Resources Code, Chapter 1911. It ~11 comply with Chapter 573 of the Texas Government Code by ensUnng that no officer, employee, or member of the Subgmatce's governing board or thc Subgmntee's subcontractors shall vote or confirm the employment of any person related within the second degree of aflYmty or thixd degree by consanguinity to any mcrnber of thc governing body or to any other officer or employee authorized to employ or supervise such person. This prohibf0on shall not prohibit the employmcot of a person described in Section 573.062 of the Texas Government Code. M. It will ensure that all information collected, assembled, or rnamtamed by the applicant relative to this project shall be available to the public during normal business hours m complimme with Chapter 552 of the Texas Government Code, unless othervase expressly promded by law. N If applicable, it will comply with Chapter 551 of the Texas Goverrmle, nt Code, 'o~hich requfl-es all regular, special, or called meetings of governmental bodies to be open to the public, except as otherv,,ise provided by law or specifically perrmtted in the Texas Constitutaon 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 Attachment E, Traffic Safety Project Budget. The amount included in the Project Budget will be deemed to be an estamate only and a higher amount can be reimbumed, subject to the conditions sPe~fied m paragraph B hereunder. If Attachment E, Traffic Safety Project Budget, specifies that costs axe based on a specific rate, per-unit cost, or other method of payment, reimbursement will be based on the specified method Attachment B Project Title: STEP - ClOT (Memorial Day Holiday) All pa)anents made hereunder will be made in accordance path Attachment E, Traffic Safety Project Budget Thc Subgrantee's expoxhtures may overrun a budget ca~gow m the approved Project Budget vothout a grant (budget) am,mdmcnk as long as the overrun does not excecd five (5) percent of the maxarnum mount eligible for reimbursement m the budget for the covered fiscal year and there is also a commensurate underrun elsewhere in the ProJect Budget. The Subgrantee must provide written notification to the Department of an ovemm of five (5) percent or less in order for there to be approval of the Request for Reimburscment. This notification must be in thc form of an attachment to the Request for Reimbursement that covers thc permd of the overrun. This attachmcm must indicate the amount, the percent change, and the specific reason(s) for the overrun Any overrun of more than five (5) percent of the amount eligible for reimbursement in thc budget for thc covered fiscal year requires an amendment of this Grant Agreement. The rnmXmaum amount elignble for mimbumement shall not be increased above the total Department (TxDOT) amount in the approved project Budget as a result of exceeding a budget categovj without a ~vntten grant amendment. (. To be eligible for reimbursement under this Agreement, a cost must be recurred in accordance ~vith Attachment E, Traffic Safety prOject Budget, within the time frame specified in Grant Period on page 1 of this Grant Agreement. atmbutable to work covered by this Agreement, and which has been comple~axl in a manner salasFarftory and aeccptable to the Department D Federal fimds cam~ supplant (replace) funds from any other sottrces. The term "supplantmg," refers to the use of federal funds to support personnel or an activity already supported by local or ~ate funds. E. Pa?merit of costs incurred under this Agreonent is further governed by one of the following cost principles, as appropriate, outlined in the Federal Office of Management and Budget (OMB) Circulars: · A-21, Cost PrinCiples for Institutions of Higher Education; · A-87, Cost prmciplcs for State, Local, and Indian Tribal Governments; or, · A-122, Cost Principles for Nonprofit orgamzations. F. The Subgrantee agrees to submit monthly or quarterly Requests for Reimbursement, as designated in A~t D, Action Plan, within thirty (30) days atler the ~cl of the billing period. The Subgrantce will use billing forms acceptable to the Depamnent Thc original Request for Reimbursement, wtth the appropriate backup documemtion~ must be submitted to the Department address shown on Attachment A, Mailing Addresses, of this Agreement In adchtion, a copy of the Request for Retrnbursement and appropriate backup documentatio~ plus three (3) cop~es of the Request for Reimbursement without backup documentatto~ must be submitted to this same address. G The Subgrantce agrees to submit thc final Request for Reimbursement under this Agreement within ~orty-five (45 ) days of the end of the grant period. H Thc Depm~unent will exercmc good faith to make pasments wahin thirty (30) days of receipt of properly prepared and documented Requests for Reimbursement. Payments, l~wever, am contingent upon the avmlabihty of appropriated funds Project agreements supported with federal funds am limited to the length of this Grant Period, which is specified on page I of this Grant Agreement ffthe Depamnc~t ck~muncs that the project has demonstrated merit or has potential long-range benefits, the Subgrantec my apply for funding asskntance beyond thc imtial Agreement period. Preference for funding will be given to those projects For which the Subgrantce has assumed some cost sbarmg, those which propose to assume the largest percentage of subsequent project costs, and which have deanonstrated performance that is acceptable to the Department Attachment B Project Title: STEP - ClOT {Memorial Day Holiday) ARTICLE 4. LIMITATION OF LIABILITY Payment of costs incurred hcrmnder is contingent upon the availability of funds If at any tune dunng this Grant Period, the Department determines that there is insufficient funding to continue the project, thc Deparm~ent shall so notify, the Subgrantee. giving notice o[intent to terminate this Agreement. as specified ~n Article 11 of this Agro:rnent If at the end ora federal fiscal year, the Deparlment dctermines that there is sufficient funding and performance to continue the project, the Department may so notify the Subgrantee to continuc this agreement. ARTICLE 5. AMENDMENTS 'Flus Agreement may be mended prior to its expiration by mutual written consent of both parties, utilizing the Grant Agreement Amendment designated by thc Department. Any amendment must be executed by the parties within the Grant Period. as specified on page I of this Grant Agrcement .~RTICLE 6. ADDITIONAL WORK AND CHANGES IN WORK lithe Subgrantec is oft.be opinion that any assigned work is b~ond the scope of this Agreement and conslitut~:~ additional work. the Subgrantec shall promptly notify the Department in writing. If the D~partment ill'dS that such work docs constitute additional work, the Department shall so advise the Subglant~a: and a wrC~n 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 orig/nal work. If per~'ocmance of the additional work will cause the mm°mum amount pavable to be excelled, the work will not be performed before a written grant amendment is executed If the Subgrantec has submated work in accordance with the terms of this Agreement but the Department requests changes to the completed work or parts thereof which involve changes to the original scope of services or character of work under this Agrcement~ the Subgrantee shall make such revisions as requested and directed by t~ Department. This will be considered as additional work and will be paid for as specified m this Article If the Subgramec submits v~ork that daes not comply with the terms of this Agreement, the Department shall instruct the Subgmntee to make such revisions as are necessary to bring the work into comphanec with this Agrcen~nt. No additional compcmsatiofl shall be prod for this work. The Subgrantec shall make revisions to the work authorized in this AgrcemenL which are necessary to correct errors or omissions appearing tbemin, when required to do so by thc Department. No add~onal compensation shall be prod for this work. Thc Department shall not be responsible for actions by tbe Subgrantec or any costs recurred by the Subgrantec relating to additional work not directly associated ~,ath or prior to the execution of an amendment. ARTICLE 7. REPORTING AND MONITORING Not later than ten (10) days after the end of cach reporting period, as &-signated in Attachment D. Action Plan, the Subgrantee shall submit a perl'orrmmce report using forms provided or approved by the Department The performance report will include, as a mimmum: (1) a comParison of actual accomplishments to the objcetaves established for the penock (2) reasons why established objectives and performance measures were not met. if appropnam, and (3) other pertinent informaUon~ inchidmg, when appropriate, an analysis and explanation of cost underruns, ovcrruns, or high rout costs. Attachment B Project Title: STEP ClOT (Memorial Day Holiday) Thc Subgrantee shall submit the Final Peffom~ance Report and Admimstrative Evaluation Report within thirty (30) days after completion of thc grant The Subgrantee shall promptly advise the Department m ~mtang of events that will have a significant impact upon this Agrecmcnt~ including: A Problems, delays, or adverse conditions, including a change of project director or other changes in Subgn-antec personnel, that will materially affect tl~ ability to atmm objectives and performance measures, prevent the toeing oftmae schedules and objectives, or preclude thc attmrm~at of project objectives or performance measures by the established tune periods This disclosure shall be accompamed by a statement oftbe action taken or contemplated and any Department or federal assistance needed to resolve the situation B. Favorable developments or events that enable meeting time schedules and objectives sooner than anticipated or achieving greater perforrnancc measure output than ongina.lly projected. ARTICLE 8_ RECORDS Thc Subgrantee agrees to mammm all reports, documents, papers, accounting records, books, and other evidence pertaining to costs incurred and work performed hereunder, (bereinafl~r called tl~ records), and shall make such records available at its office for the Omc period authorized within the Grant Period, as specified on page I of this Grant Agreement The Subgrantee further agrees to retain said records for fonr (4) years from the date of final pasment under this Agreement, until completion of all audits, or until pending litigation has been completely and fully resolved, xMuchcver occurs laxt Duly authorized represcmtatives of the Departinent, 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 To the extent perrmtted by law, the Subgrantee, if other than a government entity, shall indemmfy, hold, and save harmless the Department and its officers and c'mployees from all ciamas and liability due to the acts or onUssions of the Subgrantec, its agents, or employees. Thc Subgrantee also agrees, to the extent perrmtted by law, to indemnify, hold, and save harmless the Department fxom any and all expenses, including but not linuted to attorney fees, all court costs and awards for damages incurred by the Department in litigatson or otherwise resisting such clanm or liabilities as a result of any acfivrties of the Subgrantee, its agents, or employees Further, to the extent perrmtt~ by law, thc Subgrantec, if other than a government entity, agrees to protect, indemmf,/? and save harmlcss the Department from and against all clroms, demands, and muses of action of every kind and character brought by any employee of the Subgrantee against the Department due to personal injuries or death to such employee resulting from any alleged negligent ack by either comrmssion or omission on the part of thc Subgrautee If the Subgrantee is a government entiD', both part, es to this Agreement agree that no party is an agent, servant, or employee of the other party and each part5' agrees it is responsible for its individual acts and deeds_ as well as the acts and deeds of its contractors, employees, representatives, and agents. Attachment B Project Title: STEP - ClOT (Memorial Day Holiday) ARTICLE 10_ DISPUTES AND REMEDIES Thru Agreement supcrcedes any prior oral or ~,nttco agrcoments. [f a conflict anses between this Agreement and the Traffic Safety Program Manual, this Agreement shall govern The Subgrantee shall be responsible for thc settlement of all contractual and adnnnistrative issues arising out of proc~ement made by the Subgrautee in support of Agrenment work. Disputes concermng perfommnce or pasanent shall be submitted to the Department for settlemem, with the Executive Director acting as referee. ARTICLE 11. TERMINATION This Agreement shall remam tn effect until the Subgrantee has satisfactorily completed all services and obligations described hereto and these have been accepted by thc Depa~ment, unless: · This Agreemcm is terminated tn writing with the mutual consent of both parties; or · There is a written thirty. (30) day notice by either party; or · The Department determines that the performance of the project is not in the best interest of the Department and informs the Subgrantee that the project is terminated warnediately. Thc [K'partment shall compensatc the Subgrantee for only those eligible expenses recurred during the Grant Peried specified on page I of this Gmat Agro:ment which are directly attributable to the completed portion of the work covered by this Agreement, provided that the work has been completed in a manner satisfacto~ and acceptable to the Department. The Subgrantee shall m>t incur nor be reimbursed for any new obligations after thc effective date of terminahon ARTICLE 12. INSPECTION OF WORK The Department and, when federal funds are revolved, the US DOT, or any a,,thorizcd representative thereof, have the right at all reasonable times to respect or otherwise evaluate thc work performed or being performed hereunder and thc premises in which it is being performed If any mspe~aon or evaluation is made on the prermses 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 inspeclaens and evaluations shall be performed in such a manner as will not unduly delay the work. ARTICLE 13. AUDIT lbo Subgrautee shall comply with the requirements of the single Audit Act of 1984, Public Law (PL) 98- 502, ensunng that the single audit report includes thc coverage stipulated in OMB Circular A-133, "Audits of States, Local Governments, and Other Non-Profit Organizations ' Tbe state auditor ma',' conduct an audit or investigation of any entity receiving funds fi-om the statc directly under this Agreement or indirectly tluough 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 direct~en of the leghslative audit committee, to conduct an audit or investigation in cormention vath those funds Attachment B Project Title: STEP ClOT (Memorial Day Holiday) ARTICLE 14. SUBCONTRACTS Thc Subgrantee shall not enter into any subcontract with individuals or orgamZations not a part of the Subgrantee's organization without prior written concurrence w~th the subcontract by the Department. Subcontracts shall contain all required provisions of this Agreement. No subcontract will relieve the Subgrantee of its responsibility under this Agreement ARTICLE 15. GRATUITIES Texas Transporta~on Cormmssion policy mandates that employec~ of the Department shall not accept any be-atilt, gilt, 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 [terns that have received the advanced written approval of the Department's Executive Director. An3 person doing business with or who reasonably speaking may do business with the Deparanent under this Agreement may not make any offer of henefits, 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 wan-ants that It has not employed or retained any company or pcrso~ other than a bona fido employee working solely for the Subgrantce, to solicit or seeure this Agreement, and that fl[ has not prod or agreed to pay any company or persom other than a bona fide employee, any fee, comnnssion, percentage brokerage fee. gi~ or any other consideration contingent upon or resulting from the award or making of this Agreement If the Subgrantce breaches or v~olat~s 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 othem'~se recover the full mount of such fee, c°mrmssion, 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' perforrnnnee or which in any way conflicts with the interests of the Department. The Subgrantee shall exercise reasonable care and diligonee to prevent any actions or conditions that could result in a conflict w4th the Department's interests ARTICLE 18. SUBGRANTEE'S RESOURCES The Subgrantee certifies that it presently has adequate qualified personnel tn its employment to perform the work required under this Agreement, or will he able to obtain such personnel fi.om sources other than the Department. All employees of the Subgrantee shall have such knowledge and experience as will enable them to perform the duties assigned to them An3, employee of the Subgrantee who, tn thc opimon of the Department, is incompet6mt or whose conduct becomes detrimental to the work_ shall immediately he removed from association with the project Unless otherwise specified, the Subgrantee shall furnish all equipment, materials, supplies, am:l other resources required to perform the work ARTICLE 19. PROCUREMENT AND PROPERTY MANAGEMENT Attachment B Project Title: STEP ClOT (Memorial Day Holiday} The Subgrantce shall establish and administer a systen~ to procure, control, protect, preserve, use. maintain, and disposc of any property furnished to it by the Department or purchased pursuant to this Agreemem in accordance ~qth its o~an property management procedures, provided that the procedures are not m conflict with the Deparlment's propen), management procedures or property rnanagcxnent standards and federal standards, as appropriate, in: · 49 CFR, Part 18_ "Uniform Administrative Requirements for Grants and Cnopemtive Agreements to State and Local Governments," or 49 CFR, Part 19 (OMB Circular A-I 10), "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, apxl Other Nonprofit Organizations" ARTICLE 20. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY Upon completion or termination of this Grant Agreement, whether for cause or al the convenienee of the parties hereto, all fimshed or mafinished documents, data, studies, surveys, rc'~orts, maps, drawings, nmdels, photographs, etc. prepared by thc 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 dam prepared under this Agreement shall he made available, upon request, to the Department without resmction or limitalJon of their further usc. Intellectual properW consists of copyrights, patents, and an3' other form of intellectual property rights covenng any data bases, sof~,'arc, 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 m and to all data, and other reformation developed under this contract and versions thereof unless otherunse agreed to in writing that there will be joint ownership All rights to Subgrantee Classes and materials initially developed by the Subgmntee without any type of funding or resource asstStance from the Deparane~t remain the Subgrantee's intellectual property. For these classes and materials, the Department payment is hmited to payment for attendance at classes ARTICLE 21. SUCCESSORS AND ASSIGNS The Department and the Subgrantcc each bmds itself, its successors, executors, assigns, and administr~ors to the other party to this Agreement and to the successors, executors, assigns, and admimstrators of such other party in respect to all coverumts of this Agreement Thc Subgrantce shall not assign, sublet, or transfer interest and obligations in this Agreement without written consent of the Department. ARTICLE 22_ CIVIL RIGHTS COMPLIANCE A. Compliance with regula~ons: The Subgrantee shall comply with thc regulations relative to nondiscrimination in federally-assisted programs of the USDOT: 49 CFR, Part 21; 23 CFR, Subclmpter C; and 41 CFR, Parts 60-74. as they may he amended periodically (hereinal~er referred to as the Regulations) Thc Subgrantee agrees to comply with Executive Order 11246, entitled "Equal Emplo_vment Oppormmty," as amended by Executive Order 11375 and as supplemented bythe U.S. Department of Labor regulations (41 CFR, Part 60) Attachment B Project Title: STEP- ClOT (Memorial Day Holiday) Nondiscrimination: The Subgrantce, v, qth regard to the work performed during the period of this Agreement, shall not discriminate on the grounds of race, color, sex. national origin, age, religion, or disabilips' m the selection and retention of subcontractors, including procurements of materials and leases of equipment. C Solicllahons for subcontracts, including procuremem of materials and cqmpment: In all solicitalions either by competrave bidding or negotiation made by the Subgrantee for work to be performed under a subcontract, including procurcments of materials and leases of equipment, each potential subcontractor or supplier shall be notified by thc Subgmtee 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 disabipty I) Information and reports: The Subgrantce shall provide all mfom~ation and reports required by the regulations, or directives issued pursuant thereto, and shall penmt access to its books, records, accounts, other sonrces ofinlbrmation, and iLL facilities as may be determined by the Department or the USDOT to be pertinent to ascertmn compliance w/th such regulations or directives. Where an5' mfontUmon required of the Subgrantee is m the exclusive possession of another who fails or refuses to flJmish this mforma~on, thc Subgrantee shall so certify to the Department or thc US DOT, whichever ts approphate, and shall set forth what efforts the Subgrantee has ma& to obtmn the requested tn formation. Sanctions for noncompliance: In the cvcnt of the Subgrantce's noncompliance with the nondiscrimination promsion of this Agreement, the Department shall impose such sanctions as it or the US DOT may determine to be appropriate Incorporation of promslons: The Subgrantec shall include the provisions of paragraphs A. through E. m eveN, subcontract, including procurements of materials and leases ofequipmenL unless exempt by thc regulations or directives. Thc Subgrantee shall lake such action with respect to any subconlract or procureinenl as the Department ma~ direct as a means of enforcing such provisions, including sanctions for noncompliance. However, in the event a Subgrantce becomes involved m, or is threatened w~th litigation x~4th a subcontractor or supplier as a result of such direction, the Subgtantce may request the Department to enter into litigation to protect the interests of the stzle; and in addition, the Subgrantce may request thc United States to enter into such litigatmn to protect the interests of the Uinted States ARTICLE Z3_ DISADVANTAGED BUSINESS ENTERPRISE It is the pohcy of the Department and the USDOT that Disadvantaged Busmess Enterprises, as defined in 49 CFR Part 26, shall have the opportunity, to participate in thc performance of agreements firmnced m whole or in part with federal funds. Consequently, the Disadvantaged Business Enterprise requirements of 49 CFR Part 26, apply to flUS Agreement as follows: · The Subgmntee agrees to insure that Disadvantaged Business Enterpnscs, as defined in 49 CFR Part 26, have the opportuntty to paxticipatc in the performance of agreements and subcontracts financed m whole or in part with federal funds In this regard, the Subgrantcc shall make good faith efforts in accordance with 49 CFR Part 26, to insure that Disadvantaged Business Enterprises have the opportunits_ to compete for and perform agreements and subcontracts. · The Subgrantce and any subcontractor shall not discriminate on the basis of race, color, sex~ national origin, or disability' in the award and performance of agreements funded in whole or in part with federal funds Attachment B Project Title: STEP - ClOT (Memorial Day Holiday) Fhese requirements shall be included in any subcontract Failure to carry_ out thc requirements set forth above shall constttute a breach of this Agreement and, after the notification of the Department. inay result in termination of this Agreement by the Department, or other such remedy as the Department deems appropriate. ARTICLE 24. DEBARMENT/SUSPENSION A The Subgrantec certifies, to the best of its knowledge and belief, that a and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared mehg~ble or voluntarily excluded fi.om covered ~ctions by any federal deparlment or agency; 2 Have not within a three (3) year period preceding tins Agreemem beon convicted of or had a c~vil judgment rendered against them for c°mrmSsion of f-mud or a criminal offense in connection with obtaimng, atlemptmg to obtain, or performing a federal, state, or local public tram~claon or contract under a public transaction; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of rocords, making false statements, or receiving stol~n property; Are not presently UKhct~l or otherv,,ise criminally or civilly charged by a federal, state, or local governmental ent~t-~, with commission of any of the offenses enumerated m paragraph A. 2. of this Article; and 4. Have not, ,*4thin a three (3) year period prec. echng this Agrcemem, had one or more federal, state, or local public transactions temunated for cause or default B. Where the Subgrantee is unable to certi~ to any oftbe staLements tn this Article, such Sui0grant~: shall attach an explanation to this Agreement. C. The Subgrantee is prohibiled fi.om making any award or permitting any award at any tier to any party wluch is debarred or suspended or otherwise excluded from or inehtoble for participa/~on in federal assistance progxams under Executive Order 12549, Debarment and Suspension. D The Subgtantce shall reqmre any party to a subconlract or purchase order awarded under this Grant Agreement to certify its cligibihty to receive federal grant funds, and. when requested by the DepartmenL to furnish a copy oftbe certification. ARTICLE 25_ LOBBYING CERTIFICATION The Subgrantee certifies to the best oflus or I~r knowledge and belief that: A. No federally appropriated funds have been paid or will be paid by or on behalf of the Subgrantce to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Cengress, an officer or employee of Congress, or an employee ora Member of Congress in connecUon with the awarding of any federal contract, the nudong of any federal grant, thc making of any fi:deral loan, the entering into of any cooperatave agreement, and the extension, contmuahon. r~ncwal, amendment, or modification of any federal contract, grant, loan. or cooperative agreement. [fan3, funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency; a Member of Congress, an officer or employee of Congress, or an employee ora Member of Congress in connection with tlus federal contract, grant, loan. or cooperative agreen'x'nt, thc party to this Agreement shall Attachment B Project Title: STEP - ClOT (Memorial Day Holiday) complete and submit Standard Form - LLL. ~Disclosure Form to Report Lobbying," in accordance with its instructions C The Subgrantee shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts) and that all subrceipients shall certify and disclose accordingly This certification is a material representation of fact upon v,~ch reliancc was placed when this transaction was made or entered into Submission of this certification is a prerequisite for making or entering into this tranSaC~on trnposed by Section 1352, Title 31, U. S Code. Any person who fails to file the required certification shall be subject to a civil penal~, of not less than $10,000 and not more than $100,000 for tach such failure ARTICLE 26_ CHILD SUPPORT STATEMENT Unless the Subgrantee is a governmental or non-profit entity, the Subgrantee certifies that it either will go to the Department's website noted below and complete the Child Support Statement or already has a Chdd Support Statement on file with the Department. The Subgrantee is responsible for kcepmg the Child Support Statement current and on file with that office for the duration of this Agreement period. The Subgrantec further certifies that the Child Support Statement on file contains the child support reformation for the individuals or business entities nan'~ in thcs gram. Under Sectaon 231 006, Farmly Code, the Subgrantee certifies that the individual or business entity named in this Agreement is not ineligible to receive the specified grant or payment and acknowledges that this Agreement my be terminated and payment may be withheld if this certification is inaccurate. The form for the Child Support Statement is available on the lntemet at: l~rtp:~xx-~x~ dot statctxus/cso/dcthuhhrm Attachment C Project Title: STEP - ClOT Name of Subgrantee: City of Corpus Christi Traffic Safety Project Description 1. OBJECTIVES & PERFORMANCE MEASURES The Objectives of this grant are to accomplish the following by September 30, 2005: To increase safety belt use among drivers, front seat passengers, and child passengers during the Memorial Day holiday period and in locations as defined in Attachment F, Operational Plan Objectives/Performance Measures Number A Number and type citations to be issued under STEP I Safety belt citations to be issued during the Memorial Day Holiday ~ Click It or Ticket (CLOT) campaign 1,700 2 Child safety seat citations to be issue~l during the Memorial Day Holiday ClOT campaign 150 B. Number of STEP ClOT enforcement hours worked 650 C Increase the safety belt usage rate among drivers and fi-ont seat passengers during the Memorial Day Holiday ClOT campaign, between pre & post survey results, by at least the following percentage points 2 D Complete administrative and general grant requirements as defined in the Action Plan, Attachment D. 1 Submit the following number of Performance Reports~ includin~-~he Final Performance Report and Administrative Evaluation Report. 2 2 Submit the following number of Requests for Reimbursement 1 E Support grant enforcement efforts with public information and education (PI&E) as defined in the Action Plan, Attachment D 1 Conduct a minimum of one (1) presentation for the Memorial Day Holiday ClOT campaign 1 2 Conduct a minimum of two (2) media exposures for the Memorial Day Holiday ClOT campaign (e.g., news conferences, news releases and interviews) 2 3. Conduct a minimum of one (1) community event. 1 4. Obtain and distribute the following number of public information and education materials. 600 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 Attachment C g'tib.~rcmtet- ('i~ qf ('or[ms (~hristi Il_ RESPONSIBILITIES OF THE SUBGRANTEE: A Carry out the objectives and performance measures of this grant by implementing all activities in the Action Plan, Attachment D B. The Objective Performance Measures shall be included in each Performance Report and summarized in the Final Performance Report and Administrative Evaluation Report. C Subnfit all required reports to the Department fully completed with the most current infonmation, and within the required times, as defined in Article 3 and Article 7 o£the General Terms and Conditions, Attachment B. This includes reporting to the Department on progress, achievements, and problems in periodic performance reports. All required documents must be accurate Inaccurate documents will delay any related Requests £or Reimbursement. D. A Final Performance Report and Administrative Evaluation Report summarizing all activities and accomplishments will be submitted on Department approved forms no later than thirty (30) days after the grant ending date (Due date October 30, 2005). E. Attend meetings according to the followingl 1. The Subgrantee will arrange £or meetings with the Department as indicated in the Action Plan to present status of activities, discuss problems and schedule for the following quarter's work 2. The project director or other qualified person will be available to represent the Subgm~tee at meetings requested by the Department. F When apphcable, all newly developed public information and education (PI&E) materials must be submitted to the Department for written approval prior to final production. Contact the Department regarding PI&E procedures. G. No out of state travel is allowed under this grant agreement. 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 The Subgrantee should have a safety belt use policy. If the Subgrantee does not have a safety belt use policy in place, a policy should be implemented during the grant year. K. Carry out the objectives of this grant by implementing the Operational Plan. Ensure that each officer working on the STEP project will complete an officer's daily report form. The form should include: nan~e, date, badge/identification number, type of grant worked, grant site number, mileage if applicable (including starting and ending mileage), hours worked, type of citation/arrest issued, officer and supervisor signatures M Ensure that no officer above the rank of Lieutenant (or equivalent title) will be reimbursed for enforcement duty N. Support grants enforcement efforts with Public Information and Education (PI&E) Salaries being claimed for PI&E activities must be included in the budget O. Subgrantees with a traffic unit will utilize traffic personnel for this grant, unless such personnel are unavailable for assignment P Attachment C ('t~, q/' ( 'orpu,~ ( 'hrisli If a~ officer makes a STEP-related arrest during the shift, but does not complete the arrest before the slxif~ is scheduled to end, the officer can continue working under the grant to complete that arrest. The Subgrantee must enter all Per~brmance and Annex Report data into the Buckle Up Texas Website (ix ~x~ h~tck!¢t~t¢×as corn) before submitting hard copy reports to the Department. Printed versions of the Website reports are acceptable versions for hard copy submissions R The Subgrantee must utilize the Department's Occupant Protection Survey Tools and Worksheets to determine their survey results. These documents can be found in the Buckle Up Texas Website (xvx~ x~ buckleupte~,as c0m) The pre and post-observational surveys for the cities of Houston, Dallas, San Antonio, Austin, El Paso, Fort Worth, Arlington, Corpus Clmsti, Lubbock and Garland will be conducted by the Texas Transportation Institute (TI'I) S. Submit Performance and Annex Reports to the Department by June 15, 2005. RESPONSIBILITIES OF THE DEPARTMENT: A. Monitor the Subgrantee's compliance with the performance obligations and fiscal requirements of this Grant Agreement using appropriate and necessary monitoring and inspections, including but not limited to Review of periodic reports 2Physical inspection of project records 3Telephone conversations 4E-mails and letters 5Meetings B. Prov/de 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 processed 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 grant period to include a review of adherence to the Action Plan, Attachment D, the Traffic Safety Project Budget, Attachment E and attainment of project objectives IlL Fo,tm 2077-LE (rev 8/12/'2004) Page 1 ut 2 Click It or Ticket! Traffic Safety Project Budget (for Law Enforcement Projects) Attachment E Project Title: STEP - ClOT (Memorial Day Holiday) Name of Subgrautee: City of Corpus Christi Fiscal Year: 2005 [] Check here if this is a revised budget. Date Revised: Budget Category I - Labor Costs (100) Salaries [] Overtime or [] Regular Time Salary rates are estimated for budget purposes ordy Reimbursements will b~ ba5~l on actual ousts per employee in accordance with Subgramce's payroll polio' and salary rote List delails: A. Enforcement (overtimel 1. Oflricers/Depulies: 650 00 hrs. ;a $36.42 per hr. 2 Sergeants: __ hfs ~ $ per hr 3. Lieutenants: __ hrs. ;&: $ per hr B. PI&E Act~vflies (overlime) See Grant Instructions __ hfs ca! $ per hr C.Other (i.e., overtime st~T, supervisory support, conducting surveys) See Gram Instructions Specify: Administrative ~aperwork 25.00 hrs @ $39.21 per hr Total Salaries (200) Fringe Benefits* Specify fringe rates: A Overtime: 21.68% 5,345 B. ParI-Time: % C. Regular Time: % Total Fringe Benefits 5,345 I_ Total Labor Costs (100 + 200) (Round figttres to nearest dollar) Other/ TxDOT State/Local TOTAL 23,673 23,673 0 0 0 980 980 24~653 0 24?653 5,345 0 0 0 5,345 29,998 0 29,998 * Budget Detail Required: As an attachment to the b~lgeL a jusfifieation and a detailed cost breakdown is required [ for 'all costs included for Fringe Benefits (200), Travel ami Per Diem (300), Equipment (400), Supplies (500), I Contractual Services (600), O~her Miscellaneous (7(}0), and lnchrect Cost Pale (800) Attachment E TxDOT Form 2077-LE (rev 8/12r2004) Page 2 of 2 Proted Tdle: STEP ClOT (Mernoral D~y Hoflday) Sub~antee: C~y of Coq:~s Chdsa Fiscal Year: 2005 [] Check here if this is a revised budget Date Revised: Budget Category Il - Other Direct Costs (_100) Travel* Reimbursements will be in accordance with Subgrantee's travel policy. Subgranlec must bill for aclual travel expenses not to exceed the limits reimbursable under state law. A. Travel and Per Diem (includes conferences, training workshops, and off,er non-cnforcemenl Iravcl) B.Subgrantee Enforcement Vehicle Mileage: Rates used only for budget estinmle Reimbursemenl will be made according to the approved subgrmalee's average cost per mile to operate palxol vehicles, not Io exceed the applicable state mileage reimtmrsement rate as established by the Legislature in the travel pr~qsions offbe General Appropriations Act. Documentation ofeost per mile is required prior to reimbursemem 3,000.00 miles (a! 5;0.5800 per mile Total Travel (400) Equipment* (500) Supplies* (600) Contractual Services' (700) Other Miscellaueous* A. Registration fees (w~imng. work, hops. coaf~ences, B.Public information & education (Pl&E) materials 1. EducaQonal items - $ (eg: brochures, bumper suckers, posters, fliers, elc.) 2. PromoUonal items $ (eg: kcy clmins, nmgnets, pencils, pons. mugs. etc) C. Other Total Other Miscellane~ms 1£ Total Other Direct Costs (300 + 400 + _~0 + 600 + 700) ......... Budget Category III -lndirect Costs (800) Indirect Cost Rate* (at %) Summary: Total Labor Costs ...................................................................... Total Other Direct Costs ............................................................ Total Indirect Costs ................................................................... Grand Total (/+Il+Ill) .................................................... Fond Sources (Percen! Share) ..................................................... (Round figures to nearest dollar) Other/ TxDOT State/Local TOTAL 1,740 1,740 0 1~740 1,740 0 0 0 0 0 0 0 1,740 1,740 0 29~098 0 29~998 0 1,740 1,740 0 0 0 29,998 1,740 31,738 94_52% 5.48% ' Budget Detail Required: As an al~chment to the budget, ajustil-leat~on and a detailed cost breakdown is required for ;all costs included for Fringe Benefik~ (2(10). Travel and Per Diem (300), Equipmen((41)0), Supplies (500), Conlracmal Sen'ices (600), Other Miscellaneous (700), and Indirect Cost Rate (800)