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HomeMy WebLinkAboutC2017-268 - 9/19/2017 - Approved Texas Traffic Safety eG ra nts Fiscal Year 2018 Organization Name: City of Corpus Christi - Police Department Legal Name: City of Corpus Christi Payee Identification Number: 17460005741000 Project Title: STEP Comprehensive ID: 2018-CorpusPD-S-1 YG-0022 Period: 10/01/2017 to 09/30/2018 Approved as to form: i' By Assistant City Attorney For City Attorney 2017-268 9/19/17 Ord. 031248 TXDOT INDEXED City of Corpus Christi - Police Department STEP-2018 FOR REVIEW ONLY - NOTA LEGAL DOCUMENT TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT THE STATE OF TEXAS THE COUNTY OF TRAVIS THIS AGREEMENT IS MADE BY and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the Department and the, City of Corpus Christi hereinafter called the Subgrantee, and becomes effective then fully executed by both parties_ For the purpose of this agreement.the Subgrantee is designated as a(n) Local Government/Transit District. AUTHORITY:Texas Transportation Code. Chapter 723,the Traffic Safety Act of 1967. and the Highway Safety Performance Plan for the Fiscal Year 2018. Name of the Federal Agency: National Highway Traffic Safety Administration CFDA Number: CFDA Title: State and Community Highway Safety Grant Program Funding Source:Section 402 DUNS 069457786 FAIN: To Be Assigned Project Title: STEP Comprehensive Description: This project is Not Research and Development Grant Period: This Grant becomes effective on 10/01/2017 or on the date of final signature of both parties,whichever is later, and ends on 09/30/2018 unless terminated or otherwise modified. Total Awarded: $202,166.76 Amount Eligible for Reimbursement by the Department $155,000.09 Match Amount provided by the Subgrantee: $47,166.67 • 2018-CorpusPD-S-1YG-0022 Printed On: 8/15/2017 Page 1 of 32 City of Corpus Christi - Police Department STEP-2018 FOR REVIEW ONLY - NOT A LEGAL DOCUMENT TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT The signatory of the Subgrantee hereby represents and warrants that she/he is an officer of the organization for which she/he has executed this agreement and that shefhe has full and complete authority to enter into this agreement on behalf of the organization Subgrantee Signature By checking this box. I agree to use electronic signatures. Furthermore, I confirm that have signature authority to execute this document and it is an electronic representation of my signature for all purposes when I use it on documents, including legally binding contracts just the same as a pen-and-paper signature. • Name: Title: Date: TxDOT Signature By checking this box, I agree to use electronic signatures. Furthermore. I confirm that I have signature authority to execute this document and it is an electronic representation of my signature for all purposes when I use it on documents, including legally binding contracts—just the same as a pen-and-paper signature. Name: Title: Date: 2018-CorpusPD-S-1 YG-0022 Printed On: 8/15/2017 Page 2 of 32 City of Corpus Christi - Police Department STEP-2018 Texas Traffic Safety Program GRANT -AGREE\IENT GENERAL TERMS AND CONDITIONS Definitions For purposes of these Terms and Conditions. the"Department"is also known as the "State"and the"prospective primary participant'and the "Subgrantee"is also known as the "Subrec ipient"and "prospective lower tier participant" ARTICLE 1. COMPLIANCE WITH LAWS The Subgrantee shall comply with all federal. state. and local lawsstatutes. codesordinances. rules and regulations. and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of this agreement, includingwithout limitation workers' compensation laws, minimum and maximum salary and wage statutes and regulations. nondiscrimination laws and regulations, and licensing laws and regulations. When required.the Subgrantee shall furnish the Department with satisfactory proof of compliance. ARTICLE 2. STANDARD ASSURANCES The Subgrantee assures and certifies that it will comply with the regulations. policiesguidelines_ and requirements. including 2 CFR. Part 200. and the Departments Traffic Safety Program Manualas they relate to the application. acceptance and use of federal or state funds for this project Also.the Subgrantee assures and certifies that A. It possesses legal authority to apply for the grant. and that a resolutionmotion or similar action hasbeen duly adopted or passed as an official act of the applicant's governing body. authorizing the filing of the application. including all understandings and assurances contained in the application. and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide any additional information that may be required B. It and its subcontractors will comply with Title VI of the Civil Rights Act of 1964 (Public Law 88- 352), as amended. and in accordance with that Act, no person shall discriminate. on the grounds of race. color.sex. national origin, agereligion. or disability C It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970as amended: 42 USC (United States Code)§§4601 et seq. and United States Department of Transportation(USDOT)regulations. 'Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted Programs."49 CFR, Part 24. which provide for fair and equitable treatment of persons displaced as a result of federal and federally assisted programs D. It will comply with political activity(Hatch Act)(applies to subrecipients as well as States). The State will comply with provisions of the Hatch Act(5 U.S.C. 1501-1508)which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds E. It will comply with the federal Fair Labor Standards Acts minimum wage and overtime requirements for employees performing project work. F It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others. particularly those with wham they have family. business_ or other ties. 2018-CorpusPD-S-1YG-0022 Printed On: 8/15/2017 Page 3 of 32 City of Corpus Christi - Police Department STEP-2018 G It will give the Department the access to and the right to examine all recordsbooks papers or documents related to this Grant Agreement H It will comply with all requirements imposed by the Department concerning special requirements of law program requirements and other administrative requirements I It recognizes that many federal and state laws imposing environmental and resource conservation requirements may apply to this Grant Agreement. Somebut not all. of the major federal laws that may affect the project include. the National Environmental Policy Act of 1969. as amended 42 USC §§4321 et seq the Clean Air Act as amended. 42 USC §§7401 et seqand sections of 29 USC the Federal Water Pollution Control Actas amended.. 33 USC §§1251 et seq.:the Resource Conservation and Recovery Act as amended. 42 USC §§6901 et seq and the Comprehensive Environmental Response. Compensation and Liability Act. as amended. 42 USC §§9601 et seq The Subgrantee also recognizes that the U S Environmental Protection Agency. USDOT. and other federal agencies have issued. and in the future are expected to issue. regulations, guidelines. standards. orders. directives. or other requirements that may affect this Project. Thus. it agrees to complyand assures the compliance of each contractor and each subcontractor with any federal requirements that the federal government may now or in the future promulgate. • .1. It will comply with the flood insurance purchase requirements of Section 102(a)of the Flood Disaster Protection Act of 1973. 42 USC §4012a(a)_ Section 102(a)requires,on and after March 2 1975the purchase of flood insurance in communities where that insurance is available as a condition for the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase"federal financial assistance" includes any form of loangrant. guaranty, insurance payment, rebate subsidy. disaster assistance loan or grant or any form of direct or indirect federal assistance. K It will assist the Department in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended(16 USC 470 et seq ). Executive Order 11593 and the Antiquities Code of Texas (National Resources Code. Chapter 191). L. It will comply with Chapter 573 of the Texas Government Code by ensuring that no officer. employee. or member of the Subgrantee's governing board or the Subgrantee's subcontractors shall vote or confirm the employment of any person related within the second degree of affinity or third degree by consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise that person. This prohibition shall not apply to the employment of a person described in Section 57.3.062 of the Texas Government Code M tt will ensure that all information collected assembled or maintained by the applicant relative to this project shall be available to the public during normal business hours in compliance with Chapter 552 of the Texas Government Code, unless otherwise expressly provided by law N. If applicable. it will comply with Chapter 551 of the Texas Government Code. which requires all regular, special. or called meetings of governmental bodies to be open to the public. except as otherwise provided by law or specifically permitted in the Texas Constitution. • ARTICLE 3.COMPENSATION A. The method of payment for this agreement will be based on actual costs incurred up to and not to exceed the limits specified in the Project Budget The amount included in a Project Budget category will be deemed to he an estimate only and a higher amount can be reimbursedsubject to the conditions specified in paragraph B of this Article If the Project Budget specifies that costs are based on a specific rate. per-unit costor other method of payment_ reimbursement will be based on the specified method. 2018-CorpusPD-S-1YG-0022 Printed On: 8/15/2017 Page 4 of 32 City of Corpus Christi - Police Department STEP-2018 B All payments will be made in accordance with the Project Budget. 1 The Subgrantee's expenditures may overrun a budget category (I. II or III)in the approved Project Budget without a grant(budget)amendment as long as the overrun does not exceed a total of five (5)percent of the maximum amount eligible for reimbursement (TxDOT)in the attached Project Budget for the current fiscal year This overrun must be off-set by an equivalent underrun elsewhere in the Project Budget 2 If the overrun is five(5)percent or less.the Subgrantee must provide written notification to the Department through the TxDOT Electronic Grants Management System(eGrants), prior to the Request for Reimbursement being approved The notification must indicate the amount the percent overand the specific reason(s)for the overrun. 3. Any overrun of more than five (5)percent of the amount eligible for reimbursement(TxDOT)in the attached Project Budget requires an amendment of this Grant Agreement. 4.The maximum amount eligible for reimbursement shall not be increased above the Grand Total TxDOT Amount in the approved Project Budget unless this Grant Agreement is amended as described in Article 5 of this agreement 5. For Selective Traffic Enforcement Program (STEP)grants only.In the Project Budget Subgrantees are not allowed to use underrun funds from the TxDOT amount of(100)Salaries, Subcategories A "Enforcement."or B. 'PI&E Activities."to exceed the TxDOT amount listed in Subcategory C, "Other."Also Subgrantees are not allowed to use underrun funds from the TxDOT amount of(100)Salaries. Subcategories A. "Enforcement"or a"Other."to exceed the TxDOT amount listed in Subcategory B "PI&E Activities"The TxDOT amount for Subcategory B. "Pl&E Activities."or C. "Other."can only be exceeded within the five(5)percent flexibility. with underrun funds from Budget Categories II or HI C. To be eligible for reimbursement under this agreement. a cost must be incurred in accordance with the Project Budget within the lime frame specified in the Grant Period of this Grant Agreement. attributable to work covered by this agreementand which has been completed in a manner satisfactory and acceptable to the Department. D. Federal or TxDOT funds cannot supplant(replace)funds from any other sources.The term "supplanting"refers to the use of federal or TxDOT funds to support personnel or an activity already supported by local or state funds. E Payment of costs incurred under this agreement is further governed by the cost principles outlined in 2 CFR Part 200. F. The Subgrantee agrees to submit monthly Requests for Reimbursementas designated in this Grant Agreement, within thirty(30)days after the end of the billing period. The Request for Reimbursement and appropriate supporting documentation must be submitted through eGrants. G The Subgrantee agrees to submit the final Request for Reimbursement under this agreement within forty-five (45)days of the end of the grant period H. Payments are contingent upon the availability of appropriated funds. I. Project agreements supported with federal or TxDOT funds are limited to the length of this Grant Period specified in this Grant Agreement. If the Department determines that the project has demonstrated merit or has potential long-range benefits the Subgrantee may apply for funding assistance beyond the initial agreement oeriod. 2018-CorpusPD-S-1YG-0022 Printed On: 8/15/2017 Page 5 of 32 City of Corpus Christi - Police Department STEP-2018 Preference for funding will be given to projects based on (1)proposed cost sharing and (2) demonstrated performance history ARTICLE 4. LIMITATION OF LIABILITY Payment of costs incurred under this agreement is contingent upon the availability of funds. If at any time during this Grant Period the Department determines that there is insufficient funding to continue the project.the Department shall notify the Subgrantee giving notice of intent to terminate this agreementas specified in Article 11 of this agreement. If at the end of a federal fiscal year. the Department determines that there is sufficient funding and performance to continue the project the Department may notify the Subgrantee to continue this agreement ARTICLE S.AMENDMENTS This agreement may be amended prior to its expiration by mutual written consent of both parties. utilizing the Grant Agreement Amendment in eGrants. Any amendment must be executed by the parties within the Grant Periodas specified in this Grant Agreement ARTICLE 6.ADDITIONAL WORK AND CHANGES IN WORK A If the Subgrantee is of the opinion that any assigned work is beyond the scope of this agreement ' and constitutes additional work,the Subgrantee shall promptly notify the Department in writing through eGrants If the Department finds that such work does constitute additional work. the Department shall advise the Subgrantee and a written amendment to this agreement will be executed according to Article 5. Amendments to provide compensation for doing this work on the same basis as the original work. If performance of the additional work will cause the maximum amount payable to be exceededthe work will not be performed before a written grant amendment is executed B. If the Subgrantee has submitted work in accordance with the terms of this agreement but the Department requests changes to the completed work or parts of the work which involve changes to the original scope of services or character of work under this agreement.the Subgrantee shall make those revisions as requested and directed by the Department. This will be considered as additional work and will be paid for as specified in this Article. C. If the Subgrantee submits work that does not comply with the terms of this agreement the Department shall instruct the Subgrantee to make any revisions that are necessary to bring the work into compliance with this agreement. No additional compensation shall be paid for this work D. The Subgrantee shall make revisions to the work authorized in this agreement that are necessary to correct errors or omissions. when required to do so by the Department No additional compensation shall be paid for this work E.The Department shall not be responsible for actions by the Subgrantee or any costs incurred by the Subgrantee relating to additional work not directly associated with or prior to the execution of an amendment. ARTICLE 7. REPORTING AND MONITORING A. Not later than thirty(30)days after the end of each reporting period,the Subgrantee shall submit a performance report through eGrants. Reporting periods vary by project duration and are defined as follows- 1. For short term projects. the reporting period is the duration of the project_ Subgrantee shall submit 2018-CorpusPD-S-1YG-0022 Printed On: 8/15/2017 Page 6 of 32 City of Corpus Christi - Police Department STEP-2018 a performance report within 30 days of project completion. 2. For longer projectsthe reporting period is monthly Subgrantee shall submit a performance report within 30 days of the completion of each project month and within 30 days of project completion 3 For Selective Traffic Enforcement Program (STEP)Wave projectsthe reporting period is each billing cycle Subgrantee shall submit a performance report within 30 days of the completion of each billing cycle B. The performance report will include as a minimum. (1)a comparison of actual accomplishments to the objectives established for the period. (2)reasons why established objectives and performance measures were not met. if appropriate. and (3)other pertinent informationincluding.when appropriate. an analysis and explanation of cost underrunsoverruns. or high unit costs C The Subgrantee shall promptly advise the Department in writingthrough eGrants of events that will have a significant impact upon this agreement. including. 1 Problems- delays. or adverse conditionsincluding a change of project director or other changes in Subgrantee personnel.that will materially affect the ability to attain objectives and performance measures. prevent the meeting of time schedules and objectives. or preclude the attainment,of project objectives or performance measures by the established time periods. This disclosure shall be accompanied by a statement of the action taken or contemplated and any Department or federal assistance needed to resolve the situation 2 Favorable developments or events that enable meeting time schedules and objectives sooner than anticipated or achieving greater performance measure output than originally projected. D. The Subgrantee shall submit the Final Performance Report through eGrants within thirty(30) days after completion of the grant. ARTICLE B. RECORDS The Subgrantee agrees to maintain all reports documents, papers, accounting records. books. and other evidence pertaining to costs incurred and work performed under this agreement(called the "Records"). and shall make the Records available at its office for the time period authorized within the Grant Period. as specified in this Grant Agreement The Subgrantee further agrees to retain the Records for four(4)years from the date of final payment under this agreement. until completion of all auditsor until pending litigation has been completely and fully resolved. whichever occurs last. Duly authorized representatives of the Department the USDOT. the Office of the Inspector General Texas State Auditor_ and the Comptroller General shall have access to the Records- This right of access is not limited to the four(4)year period but shall last as long as the Records are retained ARTICLE 9.INDEMNIFICATION A To the extent permitted by law.the Subgranteeif other than a government entity. shall indemnify. • hold, and save harmless the Department and its officers and employees from all claims and liability due to the acts or omissions of the Subgrantee, its agents or employees. The Subgrantee also agrees_to the extent permitted by lawto indemnify hold_ and save harmless the Department from any and all expenses including but not limited to attorney fees. all court costs and awards for damages incurred by the Department in litigation or otherwise resisting claims or liabilities as a result of any activities of the Subgrantee its agents. or employees P Tn thp axunt normittpri by at,,, thp ,ihnrantoo If nthpr than a nnvarnmont pntihr ansae to 2018-CorpusPD-S-1YG-0022 Printed On: 8/15/2017 Page 7 of 32 City of Corpus Christi - Police Department STEP-2018 ., r" , uy ,CJ.. ..... ......yi yU..,,,,,,,,,,,...,,,,,r. ,.y,,...., .,, protect indemnify. and save harmless the Department from and against all claimsdemands and causes of action of every kind and character brought by any employee of the Subgrantee against the Department due to personal injuries to or death of any employee resulting from any alleged negligent act by either commission or omission on the part of the Subgrantee C If the Subgrantee is a government entity both parties to this agreement agree that no party is an agent servant or employee of the other party and each party agrees it is responsible for its individual acts and deeds. as well as the acts and deeds of its contractors employeesrepresentatives and agents ARTICLE 10. DISPUTES AND REMEDIES This agreement supersedes any prior oral or written agreements If a conflict arises between this agreement and the Traffic Safety Program Manualthis agreement shall govern. The Subgrantee shall be responsible for the settlement of all contractual and administrative issues arising out of procurement made by the Subgrantee in support of work under this agreement Disputes concerning performance or payment shall be submitted to the Department for settlement. with the Executive Director or his or her designee acting as final referee. ARTICLE 11. TERMINATION A.This agreement shall remain in effect until the Subgrantee has satisfactorily completed all services and obligations described in this agreement and these have been accepted by the Department. unless: 1 This agreement is terminated in writing with the mutual consent of both parties or 2 There is a written thirty(30)day notice by either party or 3. The Department determines that the performance of the project is not in the best interest of the Department and informs the Subgrantee that the project is terminated immediately B The Department shall compensate the Subgrantee for only those eligible expenses incurred during the Grant Period specified in this Grant Agreement that are directly attributable to the completed portion of the work covered by this agreement provided that the work has been completed in a manner satisfactory and acceptable to the Department. The Subgrantee shall not incur nor be reimbursed for any new obligations after the effective date of termination ARTICLE 12.INSPECTION OF WORK A.The Department andwhen federal funds are involved. the USDOT. or any of their authorized representativeshave the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed under this agreement and the premises in which it is being performed. B If any inspection or evaluation is made on the premises of the Subgrantee or its subcontractor.the Subgrantee shall provide and require its subcontractor to provide all reasonable facilities and assistance for the safety and convenience of the inspectors in the performance of their duties. All inspections and evaluations shall be performed in a manner that will not unduly delay the work ARTICLE 13.AUDIT 2018-CorpusPD-S-IYG-0022 Printed On: 8/15/2017 Page 8 of 32 City of Corpus Christi - Police Department STEP-2018 The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under this agreement or indirectly through a subcontract under this agreement Acceptance of funds directly under this agreement or indirectly through a subcontract under this agreement acts as acceptance of the authority of the State Auditor under the direction of the legislative audit committee to conduct an audit or investigation in connection with those funds An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit ARTICLE 14. SUBCONTRACTS A subcontract in excess of S25 000 may not be executed by the Subgrantee without prior written concurrence by the Department Subcontracts in excess of S25.000 shall contain all applicable terms and conditions of this agreement. No subcontract will relieve the Subgrantee of its responsibility under this agreement ARTICLE 15. GRATUITIES A.TexasTransportation Commission policy mandates that employees of the Department shall not accept any benefit. giftor favor from any person doing business with or who, reasonably speaking. may do business with the Department under this agreement. The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of the Department's Executive Director B.Any person doing business with or who reasonably speaking may do business with the Department under this agreement may not make any offer of benefits gifts. or favors to Department employees except as mentioned here above. Failure on the part of the Subgrantee to adhere to this policy may result in termination of this agreement. ARTICLE 16. NONCOLLUSION The Subgrantee warrants that it has not employed or retained any company or personother than a bona fide employee working solely for the Subgrantee. to solicitor secure this agreement. and that ft has not paid or agreed to pay any company or person. other than a bona fide employeeany fee. commissionpercentage. brokerage fee. gift. or any other consideration contingent upon or resulting from the award or making of this agreement. If the Subgrantee breaches or violates this warranty. the Department shall have the right to annul this agreement without liability or. in its discretion. to deduct from the agreement price or consideration. or otherwise recover the full amount of such fee. commissionbrokerage fee, contingent fee or gift. ARTICLE 17. CONFLICT OF INTEREST The Subgrantee represents that it or its employees have no conflict of interest that would in any way interfere with its or its employees' performance or which in any way conflicts with the interests of the Department The Subgrantee shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the Department's interests. ARTICLE 18. SUBGRANTEE'S RESOURCES A The Subgrantee certifies that it presently has adequate qualified personnel in its employment to perform the work required under this agreement. or will be able to obtain such personnel from sources other than the Department. 2018-CorpusPD-S-IYG-0022 Printed On: 8/15/2017 Page 9 of 32 City of Corpus Christi - Police Department STEP-2018 B All employees of the Subgrantee shall have the knowledge and experience that will enable them to perform the duties assigned to them. Any employee of the Subgrantee who, in the opinion of the Departmentis incompetent or whose conduct becomes detrimental to the work shall immediately be removed from association with the project C Unless otherwise specified.the Subgrantee shall furnish all equipment. materials suppliesand other resources required to perform the work. ARTICLE 19. PROCUREMENT AND PROPERTY MANAGEMENT The Subgrantee shall establish and administer a system to procurecontrol. protect preserve. use. maintain, and dispose of any property furnished to it by the Department or purchased pursuant to this agreement in accordance with its own procurement and property management procedures. provided that the procedures are not in conflict with (1)the Department's procurement and property management standards and(2)the federal procurement and property management standards provided by 2 CFR §§200.310-.316. 200 318-.324. ARTICLE 20. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY Upon completion or termination of this Grant Agreement. whether for cause or at the convenience of the partiesall finished or unfinished documents data. studies. surveys. reports maps. drawings. modelsphotographs., etc. prepared by the Subgrantee. and equipment and supplies purchased with grant funds shallat the option of the Department. become the property of the Department. All sketches. photographs calculations, and other data prepared under this agreement shall be made available. upon request. to the Department without restriction or limitation of their further use A.Intellectual property consists of copyrightspatentsand any other form of intellectual property rights covering any databases. software inventionstraining manualssystems design, or other proprietary information in any form or medium B.All rights to Department. The Department shall own all of the rights (including copyrights. copyright applications copyright renewals and copyright extensions).title and interests in and to all data and other information developed under this contract and versions thereof unless otherwise agreed to in writing that there will be joint ownership. C.All rights to Subgrantee. Classes and materials initially developed by the Subgrantee without any type of funding or resource assistance from the Department remain the Subgrantee's intellectual property For these classes and materials. the Department payment is limited to payment for attendance at classes. ARTICLE 21. SUCCESSORS AND ASSIGNS The Department and the Subgrantee each binds itself. its successors executorsassignsand administrators to the other party to this agreement and to the successors. executors. assigns_ and administrators of the other party in respect to all covenants of this agreement The Subgrantee shall not assign, sublet. or transfer interest and obligations in this agreement without written consent of the Department through eGrants. ARTICLE 22. CIVIL RIGHTS COMPLIANCE A turn,..,-,e o renp piennne Tho ,ihnr.,..tne cben rmmni,.,e'en the rens aernne rdom,e In 2018-CorpusPD-S-1YG-0022 Printed On: 8/15/2017 Page 10 of 32 City of Corpus Christi - Police Department STEP-2018 iiiyuairw WYILIJ icyumum u. I uuyi auwc Duan wuiyiy with I uic cyuiauuna mmncw nondiscrimination in federally-assisted programs of the United States Department of Transportation (USDOT). 49 CFR Part 21 23 CFR. Part 200- and 41 CFR Parts 60-74as they may be amended periodically(called the "Regulations") The Subgrantee agrees to comply with Executive Order 11246 entitled "Equal Employment Opportunity"as amended by Executive Order 11375 and as supplemented by the U S Department of Labor regulations (41 CFR Part 60) B. Nondiscrimination: (applies to subrecipients as well as States)The State highway safety agency and Subgrantee will comply with all Federal statutes and implementing regulations relating to nondiscrimination.These include but are not limited to. (a)Tide VI of the Civil Rights Act of 1964 (Pub. L. 88-3523 which prohibits discrimination on the basis of race, color or national origin (and 49 CFR Part 21). (b)Title IX of the Education Amendments of 1972 as amended (20 U S.C. 1681-1683 and 1685-1686) which prohibits discrimination on the basis of sex: (c)Section 504 of the Rehabilitation Act of 1973 as amended(29 U S C. 794) and the Americans with Disabilities Act of 1990(Pub L. 101-336). as amended (42 U S.0 12101. et seq) which prohibits discrimination on the basis of disabilities (and 49 CFR Part 27) (d)the Age Discrimination Act of 1975 as amended (42 U.S.C. 6101-6107). which prohibits discrimination on the basis of age: (e)the Civil Rights Restoration Act of 1987 (Pub. L. 100-259).which requires Federal-aid recipients and all subrecipients to prevent discrimination and ensure nondiscrimination in all of their programs and activities: (f)the Drug Abuse Office and Treatment Act of 1972(Pub. L 92-255). as amended. relating to nondiscrimination on the basis of drug abuse- (g)the comprehensive Alcohol Abuse and Alcoholism Prevention Treatment and Rehabilitation Act of 1970(Pub L. 91-616) as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism. (h)Sections 523 and 527 of the Public Health Service Act of 1912. as amended (42 U.S C. 290dd-3 and 290ee-3). relating to confidentiality of alcohol and drug abuse patient records: (i)Title VIII of the Civil Rights Act of 1968. as amended(42 U.S C. 3601, et seq.). relating to nondiscrimination in the sale. rental or financing of housing, Q) any other nondiscrimination provisions in the specific statute(s)under which application for Federal assistance is being made: and(k)the requirements of any other nondiscrimination statute(s)which may apply to the application. C Solicitations for subcontracts. including procurement of materials and equipment In all solicitations either by competitive bidding or negotiation made by the Subgrantee for work to be performed under a subcontract. including procurements of materials and leases of equipment each potential subcontractor or supplier shall be notified by the Subgrantee of the Subgrantee's obligations under this agreement and the regulations relative to nondiscrimination on the grounds of race. color. sex_ national originage religion or disability D. Information and reports The Subgrantee shall provide all information and reports required by the Regulations. or directives issued pursuant thereto. and shall permit access to its books records. accounts other sources of informationand its facilities as may be determined by the Department or the USDOT to be pertinent to ascertain compliance with the Regulations or directives. Where any information required of the Subgrantee is in the exclusive possession of another who fails or refuses to furnish this information,the Suhgrantee shall certify that to the Department or the USDOT. whichever is appropriateand shall set forth what efforts the Subgrantee has made to obtain the requested information. E Sanctions for noncompliance: In the event of the Subgrantee's noncompliance with the nondiscrimination provision of this agreement.the Department shall impose such sanctions as it or the USDOT may determine to be appropriate F. Incorporation of provisions The Subgrantee shall include the provisions of paragraphs A. through E. in every subcontract, including procurements of materials and leases of equipment. unless exempt by the regulations or directives.The Subgrantee shall take any action with respect to any subcontractor procurement that the Department may direct as a means of enforcing those provisions including sanctions for noncompliance. However. in the event a Subgrantee becomes involved in or is threatened with litigation with a subcontractor or supplier as a result of such 2018-CorpusPD-S-1YG-0022 Printed On: 8/15/2017 Page 11 of 32 City of Corpus Christi - Police Department STEP-2018 direction the Subgrantee may request the Department to enter into litigation to protect the interests of the state and in addition the Subgrantee may request the United States to enter into such litigation to protect the interests of the United States ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE(DBE)PROGRAM A The parties shall comply with the DBE Program requirements established in 49 CFR Part 26 B. The Subgrantee shall adapt. in its totality the Departments federally approved DBE program C. The Subgrantee shall set an appropriate DBE goal consistent with the Departments DBE guidelines and in consideration of the local market, project size. and nature of the goods or services to be acquired. The Subgrantee shall have final decision-making authority regarding the DBE goal and shall be responsible for documenting its actions D. The Subgrantee shall follow all other parts of the Departments DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally-Approved Disadvantaged Business Enterprise by Entity and attachments found at web address httpfiwww.txdat govrbusinessipartnershipsf'dbe.html E.The Subgrantee shall not discriminate on the basis of race. color national origin. or sex in the award and performance of any USDOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26 The Subgrantee shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-discrimination in award and administration of USDOT-assisted contracts The Department's DBE program as required by 49 CFR Part 26 and as approved by USDOT. is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Subgrantee of its failure to carry out its approved program. the Department may impose sanctions as provided for under 49 CFR Part 26 and may. in appropriate cases. refer the matter for enforcement under 18 USC 1001 and the Program Fraud Civil Remedies Act of 1986 (31 USC 3801 et seq ). F. Each contract the Subgrantee signs with a contractor(and each subcontract the prime contractor signs with a sub-contractor) must include the following assurance_The contractor. sub-recipientor sub-contractor shall not discriminate on the basis of race_colornational origin. or sex in the performance of this contract The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this agreement.which may result in the termination of this agreement or such other remedy as the recipient deems appropriate ARTICLE 24. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION(applies to subrecipients as well as States) Instructions for Primary Certification 1 By signing and submitting this proposal,the prospective primary participant is providing the certification set out below. • • 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction However. failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction o 2018-CorpusPD-S-1YG-0022 Printed On: 8/15/2017 Page 12 of 32 City of Corpus Christi - Police Department STEP-2018 Inc utio a i ICI, itpi PLatpu,pUtIOLALly IIrn a..Cu when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certificationin addition to other remedies available to the Federal Government the department or agency may terminate this transaction for cause or default 4 The prospective primary participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances 5 The terms covered transactiondebarred suspended, ineligible. lower tier covered transaction. participant person. primary covered transaction principal. proposaland voluntarily excluded as used in this clause. have the meaning set out in the Definitions and coverage sections of 49 CFR Part 29 You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6 The prospective primary participant agrees by submitting this proposal thatshould the proposed covered transaction be entered into it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9 subpart 9.4_ debarred suspendeddeclared ineligibleor voluntarily excluded from participation in this covered transaction unless authorized by the department or agency entering into this transaction. 7 The prospective primary participant further agrees by submitting this proposal that it will include the clause titled"Certification Regarding Debarment. Suspension. Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction provided by the department or agency entering into this covered transaction, without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8.A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that ft is not proposed for debarment under 48 CFR Part 9. subpart 9.4debarred. suspended. ineligible. or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous.A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to. check the list of Parties Excluded from Federal Procurement and Non-procurement Programs. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause.The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10 Except for transactions authorized under paragraph 6 of these instructions. if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9. subpart 9 4 suspendeddebarred ineligibleor voluntarily excluded from participation in this transactionin addition to other remedies available to the Federal Government, the department or agency may terminate this transaction For cause or default Certification Regarding Debarment Suspension. and Other Responsibility flatters-Primary Covered Transactions (1)The prospective primary participant certifies to the best of its knowledge and belief,that its principals. (a)Are not presently debarred. suspended. proposed for debarment, declared ineligible or voluntarily 2018-CorpusPD-S-1YG-0022 Printed On: 8/15/2017 Page 13 of 32 City of Corpus Christi - Police Department STEP-2018 excluded by any Federal department or agency (b)Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining attempting to obtain or performing a public (Federal. State or local)transaction or contract under a public transaction- violation of Federal or State antitrust statutes or commission of embezzlement theft forgery bribery falsification or destruction of record making false statements. or receiving stolen property (c)Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal State or Local)with commission of any of the offenses enumerated in paragraph (1)(b)of this certification and (d)Have not within a three-year period preceding this application/proposal had one or more public transactions(Federal. Stateor local)terminated for cause or default (2)Where the prospective primary participant is unable to certify to any of the Statements In this certification such prospective participant shall attach an explanation to this proposal • Instructions for Lower Tier Certification 1 By signing and submitting this proposal. the prospective lower tier participant is providing the certification set out below. 2 The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification. in addition to other remedies available to the Federal government the department or agency with which this transaction originated may pursue available remediesincluding suspension and/or debarment. 3 The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances 4 The terms covered transaction. debarred. suspended. ineligible_ lower tier covered transaction participant personprimary covered transaction. principal. proposaland voluntarily excluded. as used in this clause. have the meanings set out in the Definition and Coverage sections of 49 CFR Part 29. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5 The prospective lower tier participant agrees by submitting this proposal that should the proposed covered transaction be entered intoit shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9 subpart 9.4. debarredsuspended declared ineligible. or voluntarily excluded from participation in this covered transaction unless authorized by the department or agency with which this transaction briginated. 6 The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled"Certification Regarding Debarment. Suspension. Ineligibility and Voluntary Exclusion-- Lower Tier Covered Transaction "without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. (See below) 1 A oar-to-mart in a rot/prod trancartinn mmf rah.iinnn a rcaifir atinn of a nrncnprtion nadir inant in a 2018-CorpusPD-S-1YG-0022 Printed On: 8/15/2017 Page 14 of 32 City of Corpus Christi - Police Department STEP-2018 lower tier covered transaction that it is not proposed for debarment under 48 CFR Part 9 subpart 9 4 debarred suspendedineligible. or voluntarily excluded from the covered transaction unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals Each participant may but is not required to check the List of Parties Excluded from Federal Procurement and Non-procurement Programs 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings 9. Except for transactions authorized under paragraph 5 of these instructions. if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9 subpart 9.4. suspendeddebarredineligible or voluntarily excluded from participation in this transaction. in addition to other remedies available to the Federal government the department or agency with which this transaction originated may pursue available remedies. including suspension and/or debarment. Certification Regarding Debarment. Suspension Ineligibility and Voluntary Exclusion- Lower Tier Covered Transactions. ' 1. The prospective lower tier participant certifiesby submission of this proposalthat neither it nor its principals is presently debarred suspended. proposed for debarment declared ineligibleor voluntarily excluded from participation in this transaction by any Federal department or agency. 2.Where the prospective lower tier participant is unable to certify to any of the statements in this certification such prospective participant shall attach an explanation to this proposal ARTICLE 25. CERTIFICATION REGARDING FEDERAL LOBBYING (applies to subreciplents as well as States) Certification for Contracts Grants. Loans and Cooperative Agreements In executing this agreement each signatory certifies to the best of his or her knowledge and belief. that 1. No Federal appropriated funds have been paid or will be paid. by or on behalf of the undersigned. to any person for influencing or attempting to influence an officer or employee of any agency., a Member of Congress. an officer or employee of Congress. or an employee of a Member of Congress in connection with the awarding of any Federal contractthe making of any Federal grant the making of any Federal loanthe entering into of any cooperative agreement, and the extension continuation renewal amendment or modification of any Federal contract. grant loan or cooperative agreement. 2. if any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing 'or attempting to influence an officer or employee of any agency. a Member of Congress. an officer or employee of Congressor an employee of a Member of Congress in connection with this Federal contract grant loanor cooperative agreement the undersigned shall complete and submit Standard Form-LLL. "Disclosure Form to Report Lobbying"in accordance with its instructions. 3 The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers(including subcontractssubgrantsand contracts under grant. loansand cooperative agreements)and that all subrecipients shall certify and disclose 2018-CorpusPD-S-1YG-0022 Printed On: 8/15/2017 Page 15 of 32 City of Corpus Christi - Police Department STEP-2018 accordingly This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352.title Si. U S Code Any person who fails to file the required certification shall be subject to a civil penalty of not less than S10 000 and not more than$100 000 for each such failure. ARTICLE 26. CHILD SUPPORT CERTIFICATION Under Section 231 006. Texas Family Code,the Subgrantee certifies that the individual or business entity named in this agreement is not ineligible to receive the specified grant, loanor payment and acknowledges that this agreement may be terminated and payment may be withheld if this certification is inaccurate If the above certification is shown to be false. the Subgrantee is liable to the state for attorney's fees and any other damages provided by law or the agreement A child support obligor or business entity ineligible to receive payments because of a payment delinquency of more than thirty(30)days remains ineligible until. all arrearages have been paid,the obligor is in compliance with a written repayment agreement or court order as to any existing delinquency: or the court of continuing jurisdiction over the child support order has granted the obligor an exemption from Subsection (a)of Section 231.006. Texas Family Codeas part of a court-supervised effort to improve earnings and child support payments. ARTICLE 27.FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT REQUIREMENTS A.Any recipient of funds under this agreement agrees to comply with the Federal Funding Accountability and Transparency Act and implementing regulations at 2 CFR Part 170.. including Appendix A. This agreement is subject to the following award terms http//edocketaccessgpa.gov2010lpdf;2010-22705pdf and http 7ledocket.access.gpo_gov/2010/pdf/2010-22706.pdf. B. The Subgrantee agrees that it shall 1 Obtain and provide to the State a System for Award Management(SAM)number(48 CFR subpt 4 11)if this award provides for more than $25,000 in Federal funding. The SAM number may be obtained by visiting the SAM web-site at. httpswwww sam gov 2. Obtain and provide to the State a Data Universal Numbering System (DUNS)number. a unique nine-character number that allows the Federal government to track the distribution of federal money The DUNS number may be requested free of charge for all businesses and entities required to do so by visiting the Dun&Bradstreet(D&B)on-line registration website http iffedgov dnb.com'webform. and 3. Report the total compensation and names of its top five(5)executives to the State if. f. More than 80% of annual gross revenues are from the Federal government, and those revenues are greater than S25.000.000. and ii. The compensation information is not already available through reporting to the U S. Securities and Exchange Commission. nonny =no muni a er mr,.[mono,. 2018-CorpusPD-S-1YG-0022 Printed On: 8/15/2017 Page 16 of 32 City of Corpus Christi - Police Department STEP-2018 A.The parties shall comply with the requirements of the Single Audit Act of 1984 P L 98-502 ensuring that the single audit report includes the coverage stipulated in 2 CFR Part 200 B. If threshold expenditures of S750 000 or more are met during the Subgrantee's fiscal year the Subgrantee must submit a Single Audit Report and Management Letter(if applicable)to TxDOT's Audit Office 125 East 11th Street Austin TX 78701 or contact TxDOT's Audit Office at singleaudits@txdot gov C. If expenditures are less than S750.000 during the Subgrantee's fiscal year the Subgrantee must submit a statement to TxDOT's Audit Office as follows. "We did not meet the S750.000 expenditure threshold and therefore are not required to have a single audit performed for FY D. For each year the project remains open for federal funding expenditures.the Subgrantee will be responsible forfiling a report or statement as described above. The required annual filing shall extend throughout the life of the agreementunless otherwise amended or the project has been formally closed out and no charges have been incurred within the current fiscal year. ARTICLE 29. BUY AMERICA ACT(applies to subrecipients as well as States) The State and Subgrantee will comply with the provisions of the Buy America Act(49 U S 5323 (j)). which contains the following requirements- Only steel. iron and manufactured products produced in the United States may be purchased with Federal funds unless the Secretary of Transportation determines that such domestic purchases would be inconsistent with the public interestthat such materials are not reasonably available and of a satisfactory quality or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. Clear justification for the purchase of non-domestic items must be in the form of a waiver request submitted to and approved by the Secretary of Transportation. ARTICLE 30. RESTRICTION ON STATE LOBBYING(applies to subreeipients as well as States) None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e_g., "grassroots")lobbying activities_with one exception_This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials_ in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal ARTICLE 31. NONGOVERNMENTAL ENTITY'S PUBLIC INFORMATION [This article applies • only to non-profit entities] The Subgrantee is required to make any information created or exchanged with the Department pursuant to this Grant Agreement and not otherwise excepted from disclosure under the Texas Public Information Act. available in a format that is accessible by the public at no additional charge to the Department [SB-1368 83rd Texas Legislature Regular Session Effective 91,11 3] ARTICLE 32. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE 2018-CorpusPD-S-1YG-0022 Printed On: 8/15/2017 Page 17 of 32 City of Corpus Christi - Police Department STEP-2018 (applies to subrecipients as well as States) The State and each Subgrantee will not use 23 U S.0 Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists ARTICLE 33.INTERNAL ETHICS AND COMPLIANCE PROGRAM Subgrantee shall comply with Title 43 Texas Administrative Code §25 906(b). Subgrantee certifies it has adopted an internal ethics and compliance program that satisfies the requirements of Title 43 Texas Administrative Code §10.51 (relating to Internal Ethics and Compliance Program) Subgrantee shall enforce compliance with that program 2018-CorpusPD-S-1 YG-0022 Printed On: 8/15/2017 Page 18 of 32 City of Corpus Christi - Police Department STEP-2018 FOR REVIEW ONLY - NOTA LEGAL DOCUMENT RESPONSIBILITIES OF THE SUBGRANTEE A Carry out all performance measures established in the grant, including fulfilling the law enforcement objectives by implementing the Operational Plan contained in this Grant Agreement B. Submit all required reports to the Department(TxDOT)fully completed with the most current information. and within the required times. as defined in Article 3 and Article 7 of the General Terms and Conditions of this Grant Agreement. This includes reporting to the Department on progress, achievements, and problems in monthly Performance Reports and attaching necessary source documentation to support all costs claimed in Requests for Reimbursement(RFR). C. Attend grant related training as requested by the Department. D. Attend meetings according to the following: 1.The Department will arrange for meetings with the Subgrantee to present status of activities and to discuss problems and the schedule for the following quarter's work. 2.The project director or other appropriate qualified persons will be available to represent the Subgrantee at meetings requested by the Department. E. Support grant enforcement efforts with public information and education (PI&E)activities. Salaries being claimed for PI&E activities must be included in the budget F. When applicable. all newly developed PI&E materials must be submitted to the Department for written approval,through the TxDOT Electronic Grants Management System(eGrants)system messaging, prior to final production. Refer to the Traffic Safety Program Manual regarding PI&E procedures. G. For out of state travel expenses to be reimbursable.the Subgrantee must have obtained the written approval of the Department.through eGrants system messaging. prior to the beginning of the trip. Grant approval does not satisfy this requirement. H. Maintain verification that all expenses, including wages or salaries,for which reimbursement is requested is for work exclusively related to this project. I Ensure that this grant will in no way supplant(replace)funds from other sources. Supplanting refers to the use of federal funds to support personnel or any activity already supported by local or state funds. J. Ensure that each officer working on the STEP project will complete an officers daily report form.The form should include at a minimum: name. date, badge or identification number, type of grant worked, grant site number, mileage (including starting and ending mileage). hours worked,type of citation issued or arrest made. officer and supervisor signatures. 2018-CorpusPD-S-1 YG-0022 Printed On: 8/15/2017 Page 19 of 32 City of Corpus Christi - Police Department STEP-2018 K All STEP agencies must provide the following provision in all daily activity report forms: "I understand that this information is being submitted to support a claim against a federally- funded grant program False statements on this form may be prosecutable under 18 USC 1001. This information on this form is true,correct, and complete to the best of my knowledge and ability." L Ensure that no officer above the rank of Lieutenant(or equivalent title)will be reimbursed for enforcement duty, unless the Subgrantee received specific written authorization from the Department,through eGrants system messaging, prior to incurring costs. M. Subgrantee may work additional STEP enforcement hours on holidays or special events not covered under the Operational Plan However. additional work must be approved in writing by the Department,through eGrants system messaging, prior to enforcement. Additional hours must be reported in the Performance Report for the time period for which the additional hours were worked. N. If an officer makes a STEP-related arrest during the shift, but does not complete the arrest before the shift is scheduled to end,the officer can continue working under the grant to complete that arrest. 0. Subgrantees with a traffic unit will utilize traffic personnel for this grant. unless such personnel are unavailable for assignment. P. Prior to conducting speed enforcement,the Subgrantee must select and survey enforcement sites that comply with existing state mandated speed limits in accordance with the Texas Transportation Code, Sections 545.352 through 545.356. Q Officers assigned to speed sites should be trained in the use of radar or laser speed measurement devices. R. The Subgrantee should have a safety belt use policy. If the Subgrantee does not have a safety belt use policy in place, a policy should be implemented, and a copy maintained for verification during the grant year. S. Officers working DWI enforcement must be trained in the National Highway Traffic Safety Administration/International Association of Chiefs of Police Standardized Field Sobriety Testing (SFST). In the case of a first year subgrantee,the officers must be trained, or scheduled to be SFST trained, by the end of the grant year. For second or subsequent year grants, all officers working DWI enforcement must be SFST trained. T. The Subgrantee should have a procedure in place for contacting and using drug recognition experts (DREs)when necessary. U. The Subgrantee is encouraged to use the DWI On-line Reporting System available through the Buckle Up Texas Web site at www.buckleuptexas corn. 2018-CorpusPD-S-1YG-0022 Printed On: 8/15/2017 Page 20 of 32 City of Corpus Christi - Police Department STEP-2018 FOR REVIEW ONLY - NOT A LEGAL DOCU M NI RESPONSIBILITIES OF THE DEPARTMENT A Monitor the Subgrantee's compliance with the performance obligations and fiscal requirements of this Grant Agreement using appropriate and necessary monitoring and inspections. including but not limited to. 1. review of periodic reports 2. physical inspection of project records and supporting documentation 3. telephone conversations 4 e-mails and letters 5. quarterly review meetings 6. eGrants B. Provide program management and technical assistance C.Attend appropriate meetings. D. Reimburse the Subgrantee for all eligible costs as defined in the project budget. Requests for Reimbursement will be processed up to the maximum amount payable as indicated in the project budget. E. Perform an administrative review of the project at the close of the grant period to: 1.Ascertain whether or not the project objectives were met 2. Review project accomplishments (performance measures completed,targets achieved) 3.Account for any approved Program Income earned and expended 4. Identify exemplary performance or best practices • 2018-CorpusPD-S-1YG-0022 Printed On: 8/15/2017 Page 21 of 32 City of Corpus Christi - Police Department STEP-2018 FOR REVIEW ONLY - NOT A LEGAL DOC-UNE\T PROGRAM ELEMENT SELECTION YEAR LONG X DWI DWI Driving While Intoxicated X Speed Speed. Speed Enforcement OP OP: Occupant Protection (Safety Belt and Child Safety Seat) ITC ITC.. Intersection Traffic Control X DD . DD: Distracted Driving • WAVE Jurisdiction wide (DWI enforcement effort must be focused at DWI locations where there is an over-representation of alcohol-related crashes and/or DWI arrests) Jurisdiction wide (Speed enforcement should be focused on Speed areas where there is at least a 50% noncompliance with the posted speed limits and/or a higher number of speed-related crashes) OP Jurisdiction wide DD Jurisdiction wide CMV Speed.OPB�HMV CMV: Commercial Motor Vehicle: HMV. Hazardous Moving Violations • 2018-CorpusPD-S-1 YG-0022 Printed On: 8/15/2017 Page 22 of 32 City of Corpus Christi - Police Department STEP-2018 FOR REVIEW ONLY - NOT A LEGAL DOCUMENT GOALS AND STRATEGIES Goal: To increase effective enforcement and adjudication of traffic safety-related laws to reduce crashes,fatalities. and injuries. Strategies: Increase and sustain high visibility enforcement of traffic safety-related laws Increase public education and information campaigns regarding enforcement activities. Goal: To reduce the number of alcohol impaired and driving under the influence of alcohol and other drug-related crashes, injuries_ and fatalities. Strategy: Increase and sustain high visibility enforcement of DWI laws. • Goal: To reduce the number of speed-related crashes. injuries, and fatalities. Strategy: Increase and sustain high visibility enforcement of speed-related laws. Goal: To reduce Distracted Driving motor vehicle crashes, injuries, and fatalities. Strategies: Increase and sustain high visibility enforcement of state and local ordinances on celluar and texting devices. Increase public information and education on Distracted Driving related traffic issues. (h I agree to the above goals and strategies. • 2018-CorpusPD-S-1YG-0022 Printed On: 8/15/2017 Page 23 of 32 City of Corpus Christi - Police Department STEP-2018 FOR REVIEW ONLY - NOT A LEGAL DOCI ME\I B ASELLNE INFORMATION Baseline Year(12 months) From 1:1/2016 to 12/31/2016 Baseline Baseline Measure Number Number of Driving While Intoxicated (DWI)arrests 1423 Number of Driving Under Influence (DUI)of Alcohol by 14 Minor Arrests/Citations Number of speed citations 12375 Number of Distracted Driving Citations 2485 • Baseline Month/Year of Number Survey Percentage of speed compliance 21.88 % 10/2016 • 2018-CorpusPD-S-1YG-0022 Printed On: 8/15/2017 Page 24 of 32 City of Corpus Christi - Police Department STEP-2018 FOR REVIEW ONLY - NOT A LEGAL DOCUMENT LAW ENFORCEMENT OBJECTIVE/PERFORMANCE MEASURE Objective/Performance Measure Target Number 1. Number and type citationslarrests to be issued under STEP a. Increase DWI arrests by 170 b. Increase DUI of Alcohol by Minor arrests./citations by 5 c. Increase speed citations by 1697 d. Increase Distracted Driving citations by 566 2. Proposed total number of traffic-related crashes a Reduce the number of alcohol-related crashes to 300 b. Reduce the number of speed-related crashes to 2500 3. Increase speed compliance a. Increase the Speed compliance rate to 24% 4. Number of Enforcement Hours 2297 Step Indicator 2.58 Note: Nothing in this agreement shall be interpreted as a requirement;formal or informal,that a peace officer issue a specified or predetermined number of citations in pursuance of the Subgrantee's obligations hereunder.Department and Subgrantee acknowledge that Texas Transportation Code Section 720.002 prohibits using traffic-offense quotas and agree that nothing in this Agreement is establishing an illegal quota. In addition to the STEP enforcement activities,the subgrantee must maintain baseline non-STEP funded citation and arrest activity due to the prohibition of supplanting. • • 2018-CorpusPD-S-IYG-0022 Printed On: 8/15/2017 Page 25 of 32 City of Corpus Christi - Police Department STEP-2018 FOR REVIEW ONLY - NOT A LEGAL DOCUMENT PI&E OBJECTIVE/PERFORMANCE MEASURE Objectives/Performance Measure Target Number Support Grant efforts with a public information and education (PI&E) program a Conduct presentations 20 b. Conduct media exposures (e.g. news conferences. news releases, and 100 interviews) c. Conduct community events (e.g. health fairs, booths) 40 d. Produce the following number of public information and education 0 materials e. Number of public information and education materials distributed 1000 • • 2018-CorpusPD-S-1YG-0022 Printed On: 8/15/2017 Page 26 of 32 City of Corpus Christi - Police Department STEP-2018 FOR REVIEW ONLY - NOTA LEGAL DOCUMENT Operational Plan Page Titie: Distracted Driving Site Type Site Description Survey Results Enforcement Number (Speed, OP, (include Miles Per (Compliance Period ITC) Hour) Percentage) (Days & Times) 1 DD DD City wide Monday-Sunday enforcement .0 24 hours a day .2. 3. 4. co J. c 6. co 7. 2018-CorpusPD-S-1 YG-0022 Printed On: 8/15/2017 Page 27 of 32 City of Corpus Christi - Police Department STEP-2018 FOR REVIEW ONLY - NOT A LEGAL DOCUMENT Operational Plan Page Title: DWI Site Type Site Description Survey Results Enforcement Number (Speed, OP, (include Miles Per (Compliance Period ITC) Hour) Percentage) (Days & Times) 1. DWI DWI City wide Monday- Sunday enforcement 24 hours a day 2. =0 3. 4. co 5 6. 7. 2018-CorpusPD-S-1YG-0022 Printed On: 8/15/2017 Page 28 of 32 City of Corpus Christi - Police Department STEP-2018 FOR REVIEW ONLY - NOT A LEGAL DOCUMENT Operational Plan Page Title: Speed 1-7 Site Type Survey Results Enforcement (Speed, Site Description (Compliance Period Number OP, ITC' (include Miles Per Hour) Percentage) (Days & Times) 1 0.0 IH37- SH358 to SH286, ENV Monday- 2. 2 Speed Length in miles: 3.7 26 8% Sunday Speed Limit: 65 mph 24 hours a day USHwy 181 - Harbor Bridge Monday to City Limits, NIS 3. 3 Speed Length in miles: 5 15.95% 24 hours Sunday day Speed Limit: 55 mph SH286-from IH37 Interchange to SH358 Monday- 4. 4 Speed Interchange, NIS 28 `�% Sunday Length in miles: 3.9 24 hours a day Speed Limit 65 mph SH358 -from IH37 Monday , interchange to SH361, ENV 5 5 Speed Length in miles: 18 5 22.43% g 24 hours Sunday day Speed Limit as posted SH357 (Saratoga) -Ayers to Monday Airline, EW Sunday 6 6 Speed Length in miles: 5.2 10.85% Speed Limit: 45 mph 24 hours a day 2018-CorpusPD-S-1 YG-0022 Printed On: 8/15/2017 Page 29 of 32 City of Corpus Christi - Police Department STEP-2018 SH361 -from Park Road 22 Monday- to City Limits Sunday Ti Speed Length in miles: 10.8 39 8% Speed Limit as posted 24 hours a day • • 2018-CorpusPD-S-1YG-0022 Printed On: 8/15/2017 Page 30 of 32 City of Corpus Christi - Police Department STEP-2018 FOR REVIEW ONLY - NOT A LEGAL DOCUMENT Operational Plan Page Title: Speed 8-9 Type Survey Results Enforcement Site (Speed, OP. Site Description Number (include Miles Per Hour) (Compliance Period ITC) Percentage) (Days & Times) Park Road 22 -from JFK bridge to Sea Pines Monday-Sunday 1 8 Speed Length in miles: 4 1 31.3% 24 hours a day Speed Limit 55 mph Ocean Drive -from NAS to Buford Monday-Sunday 2. 9 Speed Length in miles- 9 14.02°i° 24 hours a day Speed Limit: as posted 3. °0 4. 5. °o 6. 7. 2018-CorpusPD-S-1YG-0022 Printed On: 8/15/2017 Page 31 of 32 City of Corpus Christi - Police Department STEP-2018 FOR REVIEW ONLY - NOT A LEGAL DOCUME_N1 BUDGET SUMMARY Budget Category TxDOT Match Total Category I -Labor Costs (100) Salaries: 5115.315 10 SO 5115 315 10 (200) Fringe Benefits: 527.393.90 55.597.75 532.991.65 Sub-Total: 5142 709.00 $5.597.75 $148 306.75 Category II -Other Direct Costs (300) Travel: 512.291 09 59 304 47 $21.595 56 (400) Equipment: 50 $0 SO (500) Supplies: SO $0• $0 Contractual (600) Services: SO $0 SO 700 Other ( ) Miscellaneous: $0 $0 $0 Sub-Total: $12 291.09 $9 304 47 $21 595 56 Total Direct Costs: 5155.000-09 $14.902.22 5169 902.31 Category III -Indirect Costs (800) Indirect Cost Rate: SO $32.264 45 532 264.45 Summary Total Labor Costs: $142 709.00 55.597 75 $148 306 75 Total Direct Costs: $12 291 09 59.304 47 S21 595 56 Total Indirect Costs: SO 532.264.45 $32.264 45 Grand Total 5155 000 09 547 166.67 5202.166.76 Fund Sources (Percent 76 67% 23 33% Share): Salary and cost rates will be based on the rates submitted by the Subgrantee in its grant application in Egrants 2018-CorpusPD-S-1YG-0022 Printed On: 8/15/2017 Page 32 of 32 t City of Corpus Christi - Police Department STEP-2018 Texas Department Of Transportation - Traffic Safety Electronic Signature Authorization Form This form identifies the person(s)who have the authority to sign grant agreements and amendments for the Grant ID listed at the bottom of the page. Name Of Organization: City of Corpus Christi Project Title: STEP Comprehensive Authorizing Authority iThe signatory of the Subgrantee hereby represents and warrants that she/he is an officer of 'the organization for which she!he has executed this agreement and that she/he has full and 'complete authority to enter into the agreement on behalf of the organization. I authorize the Iperson(s) listed under the section "Authorized to Electronically Sign Grant Agreements and !Amendments"to enter into an agreement on behalf of the organization. Name• Title: -�,J , ,n - / _ ------------ Signature: 0L�i:�t�J C , Reet) C� Date: 9• aa • 17 'Under the authority of Ordinance or Resolution r1 –I '1 2, f —-------------- (Number(if applicable) lJ(O • 1 'Authorized to Electronically Sign Grant Agreements and Amendments !List Subgrantee Administrators who have complete authority to enter into an agreement on !behalf of the organization. Print Name of Subgrantee Administrator in TxDOT Traffic Safety eGrants Title 1. ' . j j PPt T. P. R-t T_ � Po ti� -n e_meov� n.c/. 1-'1 (L. . 2. 3. .:x.:., cT 018-Ca 'p YG-0022 Printed On: 8/15/2017 n , P7,1–of 1 A ATTEST: '� dL�Ct it y" ��a•a•.— SECR TAK`� REBECCA HU'pRTA r, cre,lipT,My J