HomeMy WebLinkAboutResolution No. 2007-29 RESOLUTION NO. R2007-29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, TEXAS, AUTHORIZING THE MAYOR TO ACT AS
THE CITY'S REPRESENTATIVE IN ACCEPTING ELIGIBLE GRANT
FUNDS UNDER THE TEXAS DEPARTMENT OF TRANSPORTATION
TRAFFIC SAFETY PROGRAM STEP SPEED GRANT FOR FISCAL
YEAR 2008 ("GRANT"); AND AUTHORIZING THE ACCEPTANCE OF
SUCH GRANT FUNDING.
� � � * � � � * * � � *
WHEREAS, the City Council of the City of Friendswood, Texas, finds it in the best
interests of the citizens of the City that the STEP Speed grant program be operated for the 2008
fiscal year; and
WHEREAS, the City Council has authorized the Mayor to, accept, reject, alter, or
terminate the grant; and
WHEREAS, the City Council has agreed to provide the minimum matching percentage
for the said project as required by the Texas Department of Transportation grant application; and
WHEREAS, the City Council has agreed that in the event of loss or misuse of the Texas
Department of Transportation funds, the City Council assures that the funds will be returned to
the Texas Department of Transportation in full; now,therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
TEXAS:
Section 1. The facts and matters set forth in the preamble of this Resolution are
hereby found to be true and correct.
Section 2. The City Council of the City of Friendswood specifically authorizes the
Mayor to accept, rej ect, alter or terminate the Grant.
Section 3. The City Council of the City of Friendswood approves acceptance of the
grant for the STEP Speed program from the Texas Department of Transportation.
PASSED,APPROVED, and RESOLVED this lOtb day of September,2007.
l�
D ' J. H. Smith
Mayor
ATTEST:
a �
D loris McKenzie, C
City Secretary
�of ��°�
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y O
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R2007-29 2
City of Friendswood STEP SPEED 2008
TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
Contract Number: 588EGF6040
Charge Number: 8SCOSWIBN
PIN: 17414932024001
Project Year: lst
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 Friendswood
hereinafter called the Subgrantee, and becomes effective then fully executed by both parties. For
the purpose of this agreement,the Subgrantee is designated as a(n)
Local Government
AUTHORITY: Texas Transportation Code, Chapter 723, the Traffic Safety Act of 1967, and the
Highway Safety Performance Plan for the Fiscal Year 2008.
Project Title: STEP SPEED
Grant Period: This Grant becomes effective on 10/O1/2007 or on the date of final signature of both
parties,whichever is later, and ends on 09/30/2008 unless terminated or otherwise modified.
Total Awarded: $9,012.57
Amount Eligible for Reimbursement: $7,660.68
Match Amount: $1,351.89
Program Income $0.00
TXDOT 1 8/22/2007
City of Friendswood STEP SPEED 2008
TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
The signatory of the Subgrantee hereby represents and warrants that she/he is an officer of the
organization for which she/he has executed this agreement and that she/he has full and complete
authority to enter into this agreement on behalf of the organization.
THE SUBGRANTEE THE STATE OF TEXAS
City of Friendswood Executed for the Executive Director and
Approved for the Texas Transportation
Commission for the purpose and effect of
City of Friendswood activating and/or carrying out orders,
[Legal Name of Agency] established policies or work programs
approved and authorized by the Texas
Transportation Comxnission
Y�
By:
[ rized Signature]
[District Engineer Texas Department of
Transportation]
David J.H. Smith
[Name]
[Name]
Mayor
[Title]
[Title]
Date: September 10, 2007
Date:
Under the authority of Ordinance or
Resolution Number(for local government):
By:
R2007-29
[Resolution Number] Director,Traffic OperationsDivision Texas
Deparhnent of Transportation(Not required
for local project grants under$100,000.00)
Date:
TXDOT 2 8/22/2007
City of Friendswood STEP SPEED 2008
PROGRAM ELEMENT SELECTION
YEAR LONG
❑ DWI DWI: Driving while Intoxicated
� Speed Speed: Speed Enforcement
❑ OP OP: Occupant Protection (Safety Belt & Child Safety Seat)
❑ ITC ITC: Intersection Traffic Control
WAVE
❑ DWI Jurisdiction wide (DWI enforcement effort must be focused
at locations where there is an over-representation of
alcohol-related crashes and/or DWI arrests)
❑ Speed Jurisdiction wide (Speed enforcement should be focused on
areas where there is at least a 50°s noncompliance with the
posted speed limits and/or a higher number of speed-related
crashes
❑ OP Jurisdiction wide
CMV
❑ Speed, OP, CMV: Commercial Motor Vehicle; HMV: Hazardous Moving
and HMV Violations
TXDOT 3 $�22�2���
City of Friendswood STEP SPEED 2008
GENER.AL INFORMATION
Project Title STEP SPEED
How many years has your organization received funding for this project?
This will be our first year.
Organization Address City of Friendswood
1600 Whitaker Drive
Friendswood, TX 77546
Mailing Address (if different)
Project Director Contact Information Lisa Price
TXDOT 4 8/22/2007
City of Friendswood STEP SPEED 2008
PROPOSING AGENCY AUTHENTICATION
❑� I submit the following person has authorized the submittal of this proposal.
Name David J. H. Smith
Title Mayor, City of Friendswood
Address
910 S. Friendswood Drive
Friendswood
c�ty Texas
State
zip code 77546
Phone Number 281-996-3200
Fax Number 2g1-482-9318
E-mail address
BWieners@ci.friendswood.tx.us
TXDOT 5 8/22/2007
City of Friendswood STEP SPEED 2008
TERMS, CONDITIONS AND RESPONSIBILITIES
How often do you plan to submit Performance Reports? Monthly
How often do you plan to submit RFR's? Monthly
Terms and Conditions
❑� 2 Agree with the Terms and Conditions.
Responsibilities of the Subgrantee
�❑ I Agree with the Responsibilities of the Subgrantee.
Responsibilities of the Department
❑p I Agree with the Responsibilities of the Department.
TXDOT 6 8/22/2007
City of Friendswood STEP SPEED 2008
Texas Traffic Safety Program
GRANT AGREEMENT GENERAL TERMS AND CONDITIONS
ARTICLE 1. COMPLIANCE WITH LAWS
The Subgrantee shall comply with all federal,state,and local laws,statutes,codes,ordinances,rules and
regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter
affecting the performance of this Agreement,including,without limitation,workers' compensation laws,
minimum and maximuxn 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 its compliance therewith.
ARTICLE 2. STANDARD ASSURANCES
The Subgrantee hereby assures and certifies that it will comply with the regulations,policies,guidelines,
and requirements,including 49 CFR(Code of Federal Regulations),Part 18;49 CFR,Part 19(OMB
[Office of Management and Budget]Circular A-110); OMB Circular A-87; OMB Circular A-102; OMB
Circular A-21;OMB Circular A-122; OMB Circular A-133;and the Traffic Safety Program Manual, as
they relate to the application,acceptance,and use of federal or state funds for this project.Also,the
Subgrantee assures and certifies that:
A. It possesses legal authority to apply for the grant; and that a resolution,motion,or similar action has
been duly adopted or passed as an official act of the applicant's goveming body,authorizing the filing
of the application,including all understandings and assurances contained therein,and directing and
authorizing the person identified as the official representative of the applicant to act in connection
with the application and to provide such additional information as may be required.
B. It and its subcontractors will comply with Title VI of the Civil Rights Act of 1964(Public Law 88-
352),as amended,and in accordance with that Act,no person shall discriminate,on the grounds of
race,color,sex,national origin,age,religion,or disability.
C. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real
Property Acquisitions Act of 1970,as amended;42 USC(United States Code) §§4601 et seq.;and
United States Deparhnent of Transportation(USDOT)regulations,"Uniform Relocation and Real
Property Acquisition for Federal and Federally Assisted Programs,"49 CFR,Part 24,which provide
for fair and equitable treatment of persons displaced as a result of federal and federally assisted
programs.
D. It will comply with the provisions of the Hatch Political Activity Act,which limits the political
activity of employees. (See also Article 25,Lobbying Certification.)
E. It will comply with the federal Fair Labor Standards Act's minimum wage and overtime requirements
for employees performing project work.
F. It will establish safeguards to prohibit employees from using their positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves or others,
particularly those with whom they have family,business,or other ties.
G. It will give the Departrnent the access to and the right to examine all records,books,papers,or
documents related to this Grant Agreement.
H. It will comply with all requirements imposed by the Department conceming 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. Some,but not all,of the major federal laws that
TXDOT 7 8/22/2007
City of Friendswood STEP SPEED 2008
may affect the project include: the National Environmental Policy Act of 1969,as amended,42 USC
§§4321 et seq.;the Clean Air Act,as amended,42 USC §§7401 et seq. and sections of 29 USC;the
Federal Water Pollution Control Act,as amended,33 USC §§1251 et seq.;the Resource Conservation
and Recovery Act,as amended,42 USC §§6901 et seq.; and the Comprehensive Environmental
Response,Compensation,and Liability Act,as amended,42 USC §§9601 et seq. The Subgrantee
also recognizes that the U.S.Environmental Protection Agency,USDOT,and other federal agencies
have issued,and in the future are expected to issue,regulation,guidelines, standards,orders,
directives,or other requirements that may affect this Project. Thus,it agrees to comply,and assures
the compliance of each contractor and each subcontractor,with any such federal requirements as the
federal government may now or in the future promulgate.
J. It will comply with the flood insurance purchase requirements of Section 102(a)of the Flood Disaster
Protection Act of 1973,42 USC §4012a(a). Section 102(a)requires,on and after March 2, 1975, the
purchase of flood insurance in communities where such insurance is available as a condition for the
receipt of any federal fmancial 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 fmancial assistance"includes any form of
loan,grant,guaranty, insurance payment,rebate,subsidy,disaster assistance loan or grant,or any
form of direct or indirect federal assistance.
K. It will assist the Department in its compliance with Section 106 of the National Historic Preservation
Act of 1966 as amended(16 USC 470 et seq.),Executive Order 11593,and the Antiquities Code of
Texas(National Resources Code,Chapter 191).
L. It will comply with Chapter 573 of the Texas Government Code by ensuring that no officer,
employee,or member of the Subgrantee's governing board or the Subgrantee's subcontractors shall
vote or confirm the employment of any person related within the second degree of affinity or third
degree by consanguinity to any member of the governing body or to any other officer or employee
authorized to employ or supervise such person. This prohibition shall not prohibit the employment of
a person described in Section 573.062 of the Texas Government Code.
M. It will ensure that all information collected,assembled,or maintained by the applicant relative to this
project shall be available to the public during normal business hours in compliance with Chapter 552
of the Texas Government Code,unless otherwise expressly provided by law.
N. If applicable,it will comply with Chapter 551 of the Texas Government Code,which requires all
regular,special,or called meetings of governmental bodies to be open to the public,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 the Project Budget will be
deemed to be an estimate only and a higher amount can be reimbursed,subject to the conditions
specified in paragraph B hereunder. If the Project Budget specifies that costs are based on a specific
rate,per-unit cost,or other method of payment,reimbursement will be based on the specified method.
B. All payments will be made in accordance with the Project Budget.
The Subgrantee's expenditures may overrun a budget category(I,II,or III)in the approved Project
Budget without a grant(budget)amendment,as long as the ovemui does not exceed a total of five(5)
percent per year of the maximum amount eligible for reimbursement(TxDOT)in the attached Project
Budget for the current fiscal year. This overrun must be off-set by an equivalent underrun elsewhere
in the Project Budget.
TXDOT 8 8/22/2007
City of Friendswood STEP SPEED 2008
If the overrun is five(5)percent or less,the Subgrantee must provide written notification to the
Departrnent,through the TxDOT Electronic Grants Management System(eGrants)messaging system,
prior to the Request for Reimbursement being approved. The notification must indicate the amount,
the percent over,and the specific reason(s)for the overrun.
Any overrun of more than five(5)percent of the amount eligible for reimbursement(TxDOT)in the
attached Project Budget requires an amendment of this Grant Agreement.
The maximum amount eligible for reimbursement shall not be increased above the Grand Total
TxDOT Amount in the approved Project Budget,unless this Grant Agreement is amended,as
described in Article 5 of this Agreement.
For Selective Traffic Enforcement Program(STEP)grants only: In the Project Budget, Subgrantees
are not allowed to use underrun funds from the TxDOT amount of(100) Salaries, Subcategories A,
"Enforcement,"or B,"PI&E Activities,"to exceed the TxDOT amount listed in Subcategory C,
"Other." Also, Subgrantees are not allowed to use underrun funds from the TxDOT amount of(100)
Salaries,Subcategories A,"Enforcement,"or C,"Other,"to exceed the TxDOT amount listed in
Subcategory B,"PI&E Activities." The TxDOT amount for Subcategory B,"PI&E Activities,"or C,
"Other,"can only be exceeded within the 5 percent flexibility,with underrun funds from Budget
Categories II or III.
C. To be eligible for reimbursement under this Agreement,a cost must be incuned in accordance with
the Project Budget,within the time frame specified in the Grant Period of this Grant Agreement,
amibutable to work covered by this Agreement,and which has been completed in a manner
satisfactory and acceptable to the Department.
D. Federal or TxDOT funds cannot supplant(replace)funds from any other sources. The term
"supplanting,"refers to the use of federal or TxDOT funds to support personnel or an activity already
supported by local or state funds.
E. Payment of costs incuned under this Agreement is further govemed by one of the following cost
principles,as appropriate, outlined in the Federal Office of Management and Budget(OMB)
Circulars:
• A-21,Cost Principles for Institutions of Higher Education;
• A-87,Cost Principles for State,Local, and Indian Tribal Governments;or,
• A-122,Cost Principles for Nonprofit Organizations.
F. The Subgrantee agrees to submit monthly or quarterly Requests for Reimbursement,as designated in
this Grant Agreement,within thirty(30)days after the end of the billing period. The Request for
Reimbursement and appropriate supporting documentation must be submitted through eGrants.
G. The Subgrantee agrees to submit the final Request for Reimbursement under this Agreement within
forty-five(45)days of the end of the grant period.
H. The Department will exercise good faith to make payments within thirty(30)days of receipt of
properly prepared and documented Requests for Reimbursement. Payments,however,aze 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 period. Preference for funding will be given to those projects
for which the Subgrantee has assumed some cost sharing,those which propose to assume the largest
percentage of subsequent project costs,and those which have demonstrated performance that is
acceptable to the Department.
TXDOT 9 8/22/2007
City of Friendswood STEP SPEED 2008
ARTICLE 4. LIMITATION OF LIABILITY
Payment of costs incurred hereunder is contingent upon the availability of funds. If at any time during
this Grant Period,the Department determines that there is insufficient funding to continue the project,the
Department shall so notify the Subgrantee,giving notice of intent to terminate this Agreement,as
specified in Article 11 of this Agreement. If at the end of a federal fiscal year,the Department deterrnines
that there is sufficient funding and performance to continue the project,the Department may so notify the
Subgrantee to continue this agreement.
ARTICLE 5. AMENDMENTS
This Agreement may be amended prior to its expiration by mutual written consent of both parties,
utilizing the Grant Agreement Amendment in eGrants. Any amendment must be executed by the parties
within the Grant Period,as specified in this Grant Agreement.
ARTICLE 6. ADDITIONAL WORK AND CHANGES IN WORK
If the Subgrantee is of the opinion that any assigned work is beyond the scope of this Agreement and
constitutes additional work,the Subgrantee shall promptly notify the Department in writing through
eGrants system messaging. If the Department fmds that such work does constitute additional work,the
Department shall so advise the Subgrantee and a written amendment to this Agreement will be executed
according to Article 5,Amendments,to provide compensation for doing this work on the same basis as
the original work. If perforxnance of the additional work will cause the maximum amount payable to be
exceeded,the work will not be performed before a written grant amendment is executed.
If the Subgrantee has submitted work in accordance with the terms of this Agreement but the Deparhnent
requests changes to the completed work or parts thereof which involve changes to the original scope of
services or character of work under this Agreement,the Subgrantee shall make such revisions as
requested and directed by the Department. This will be considered as additional work and will be paid for
as specified in this Article.
If the Subgrantee submits work that does not comply with the terms of this Agreement,the Deparhnent
shall instruct the Subgrantee to make such revisions as are necessary to bring the work into compliance
with this Agreement. No additional compensation shall be paid for this work.
The Subgrantee shall make revisions to the work authorized in this Agreement,which are necessary to
correct errors or omissions appearing therein,when required to do so by the Department. No additional
compensation shall be paid for this work.
The Department shall not be responsible for actions by the Subgrantee or any costs incurred by the
Subgrantee relating to additional work not directly associated with or prior to the execution of an
amendment.
ARTICLE 7. REPORTING AND MONITORING
Not later than thirty(30)days after the end of each reporting period,the Subgrantee shall submit a
performance report through eGrants. For short-term projects,only one report submitted by the
Subgrantee at the end of the project may be required. For longer projects,the Subgrantee will submit
reports at least quarterly and preferably monthly. The frequency of the performance reports is established
through negotiation between the Subgrantee and the program or project manager.
For Selective Traffic Enforcement Programs(STEPs),performance reports must be submitted monthly.
The performance report will include,as a minimum: (1)a comparison of actual accomplishments to the
objectives established for the period,(2)reasons why established objectives and performance measures
were not met, if appropriate,and(3)other pertinent information,including,when appropriate,an analysis
and explanation of cost undemms,overruns,or high unit costs.
TXDOT 10 8/22/2007
City of Friendswood STEP SPEED 2008
The Subgrantee shall submit the Final Performance Report through eGrants within thirty(30)days after
completion of the grant.
The Subgrantee shall promptly advise the Department in writing,through eGrants messaging,of events
that will have a significant impact upon this Agreement,including:
A. Problems,delays,or adverse conditions,including a change of project director or other changes in
Subgrantee personnel,that will materially affect the ability to attain objectives and performance
measures,prevent the meeting of time schedules and objectives,or preclude the attainment of project
objectives or performance measures by the established time periods. This disclosure shall be
accompanied by a statement of the action taken or contemplated and any Deparhnent or federal
assistance needed to resolve the situation.
B. Favorable developments or events that enable meeting time schedules and objectives sooner than
anticipated or achieving greater performance measure output than originally projected.
ARTICLE 8. RECORDS
The Subgrantee agrees to maintain all reports,documents,papers,accounting records,books,and other
evidence pertaining to costs incurred and work performed hereunder,(hereinafter called the records), and
shall make such records available at its office for the time period authorized within the Grant Period, as
specified in this Grant Agreement. The Subgrantee fiuther agrees to retain said records for four(4)years
from the date of final payment under this Agreement,until completion of all audits, or until pending
litigation has been completely and fully resolved,whichever occurs last.
Duly authorized representatives of the Department,the USDOT,the Office of the Inspector General,
Texas State Auditor,and the Comptroller General shall have access to the records. This right of access is
not limited to the four(4)year period but shall last as long as the records are retained.
ARTICLE 9. INDEMNIFICATION
To the extent permitted by law,the Subgrantee,if other than a government entity,shall indemnify,hold,
and save harmless the Department and its officers and employees from all claims and liability due to the
acts or omissions of the Subgrantee,its agents,or employees. The Subgrantee also agrees,to the extent
pernutted by law,to indemnify,hold,and save harmless the Deparhnent from any and all expenses,
including but not limited to attorney fees,all court costs and awards for damages incurred by the
Department in litigation or otherwise resisting such claims or liabilities as a result of any activities of the
Subgrantee,its agents, or employees.
Further,to the extent permitted by law,the Subgrantee,if other than a government entity,agrees to
protect,indemnify,and save harmless the Department from and against all claims,demands,and causes
of action of every kind and character brought by any employee of the Subgrantee against the Department
due to personal injuries or death to such employee resulting from any alleged negligent act,by either
commission or omission on the part of the Subgrantee.
If the Subgrantee is a government entity,both parties to this Agreement agree that no party is an agent,
servant,or employee of the other pariy and each party agrees it is responsible for its individual acts and
deeds,as well as the acts and deeds of its contractors,employees,representatives,and agents.
ARTICLE 10. DISPUTES AND REMEDIES
This Agreement supercedes any prior oral or written agreements. If a conflict arises between this
Agreement and the Traffic Safety Program Manual,this Agreement shall 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 Agreement work.
TXDOT 11 8/22/2007
City of Friendswood STEP SPEED 2008
Disputes conceming performance or payment shall be submitted to the Department for settlement,with
the Executive Director or his or her designee acting as final referee.
ARTICLE 11. TERMINATION
This Agreement shall remain in effect until the Subgrantee has satisfactorily completed all services and
obligations described herein and these have been accepted by the Department,unless:
• This Agreement is terminated in writing with the mutual consent of both parties; or
� There is a written thirty(30)day notice by either party; or
� The Department determines that the performance of the project is not in the best interest of the
Department and informs the Subgrantee that the project is temunated immediately.
The Department shall compensate the Subgrantee for only those eligible expenses incurred during the
Grant Period specified in this Grant Agreement which are directly attributable to the completed portion of
the work covered by this Agreement,provided that the work has been completed in a manner satisfactory
and acceptable to the Department. The Subgrantee shall not incur nor be reimbursed for any new
obligations after the effective date of termination.
ARTICLE 12. INSPECTION OF WORK
The Deparhnent and,when federal funds are involved,the US DOT,or any authorized representative
thereof,have the right at all reasonable times to inspect or otherwise evaluate the work performed or
being perFormed hereunder and the premises in which it is being performed.
If any inspection or evaluation is made on the premises of the Subgrantee or its subcontractor,the
Subgrantee shall provide and require its subcontractor to provide all reasonable facilities and assistance
for the safety and convenience of the inspectors in the performance of their duties. All inspections and
evaluations shall be performed in such a manner as will not unduly delay the work.
ARTICLE 13. AUDIT
The Subgrantee shall comply with the requirements of the Single Audit Act of 1984,Public Law(PL) 98-
502,ensuring that the single audit report includes the coverage stipulated in OMB Circular A-133,
"Audits of States,Local Governments,and Other Non-Profit Organizations."
The state auditor may conduct an audit or investigation of any entity receiving funds from the state
directly under this Agreement or indirectly through a subcontract under this Agreement. Acceptance of
funds directly under this Agreement or indirectly through a subcontract under this Agreement acts as
acceptance of the authority of the State Auditor,under the direction of the legislative audit committee, to
conduct an audit or investigation in connection with those funds.
ARTICLE 14. SUBCONTRACTS
The Subgrantee shall not enter into any subcontract with individuals or organizations not a part of the
Subgrantee's organization without prior written concurrence,through eGrants system messaging,with 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 Transportation Commission policy mandates that employees of the Department shall not accept
any benefit,gift,or favor from any person doing business with or who,reasonably speaking,may do
business with the Department under this Agreement. The only exceptions allowed are ordinary business
lunches and items that have received the advanced written approval of the Department's Executive
Director.
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City of Friendswood STEP SPEED 2008
Any person doing business with or who reasonably speaking may do business with the Departrnent under
this Agreement may not make any offer of benefits,gifts,or favors to Deparhnent employees,except as
mentioned here above. Failure on the part of the Subgrantee to adhere to this policy may result in
temiination of this Agreement.
ARTICLE 16. NONCOLLUSION
The Subgrantee warrants that it has not employed or retained any company or person,other than a bona
fide employee working solely for the Subgrantee,to solicit or secure this Agreement,and that it has not
paid or agreed to pay any company or person,other than a bona fide employee,any fee,commission,
percentage,brokerage fee,gift,or any other consideration contingent upon or resulting from the award or
making of this Agreement. If the Subgrantee breaches or violates this warranty,the Department shall
have the right to annul this Agreement without liability or, in its discretion,to deduct from the Agreement
price or consideration,or otherwise recover the full amount of such fee,commission,brokerage fee,
contingent fee,or gift.
ARTICLE 17. CONFLICT OF INTEREST
The Subgrantee represents that it or its employees have no conflict of interest that would in any way
interfere with its or its employees' performance or which in any way conflicts with the interests of the
Department. The Subgrantee shall exercise reasonable care and diligence to prevent any actions or
conditions that could result in a conflict with the Deparhnent's interests.
ARTICLE 18. SUBGRANTEE'S RESOURCES
The Subgrantee certifies that it presently has adequate qualified personnel in its employment to perform
the work required under this Agreement,or will be able to obtain such personnel from sources other than
the Deparhnent.
All employees of the Subgrantee shall have such knowledge and experience as will enable them to
perform the duties assigned to them. Any employee of the Subgrantee who,in the opinion of the
Department,is incompetent or whose conduct becomes detrimental to the work, shall immediately be
removed from association with the project.
Unless otherwise specified,the Subgrantee shall furnish all equipment,materials,supplies,and other
resources required to perform the work.
ARTICLE 19. PROCUREMENT AND PROPERTY MANAGEMENT
The Subgrantee shall establish and administer a system to procure,control,protect,preserve,use,
maintain,and dispose of any property furnished to it by the Department or purchased pursuant to this
Agreement in accordance with its own property management procedures,provided that the procedures are
not in conflict with the Department's property management procedures or property management standards
and federal standards,as appropriate,in:
• 49 CFR,Part 18,"Uniform Administrative Requirements for Grants and Cooperative Agreements
to State and Local Governments,"or
� 49 CFR,Part 19(OMB Circular A-110),"Uniform Administrative Requirements for Grants and
Agreements with Institutions of Higher Education,Hospitals,and Other Nonprofit
Organizations."
ARTICLE 20. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY
Upon completion or termination of this Grant Agreement,whether for cause or at the convenience of the
parties hereto,all finished or unfinished documents,data,studies,surveys,reports,maps,drawings,
models,photographs,etc.prepared by the Subgrantee,and equipment and supplies purchased with grant
TXDOT 13 8/22/2007
City of Friendswood STEP SPEED 2008
funds shall,at the option of the Department,become the property of the Department. All sketches,
photographs,calculations,and other data prepared under this Agreement shall be made available,upon
request,to the Department without restriction or limitation of their further use.
A. Intellectual property consists of copyrights,patents,and any other form of intellectual property rights
covering any data bases,software,inventions,training manuals,systems design,or other proprietary
information in any form or medium.
B. All rights to Department. The Department shall own all of the rights(including copyrights, copyright
applications,copyright renewals,and copyright extensions),title and interests in and to all data,and
other information developed under this contract and versions thereof unless otherwise agreed to in
writing that there will be joint ownership.
C. All rights to Subgrantee. Classes and materials initially developed by the Subgrantee without any
type of funding or resource assistance from the Departxnent remain the Subgrantee's intellectual
property. For these classes and materials,the Deparhnent payment is limited to payment for
attendance at classes.
ARTICLE 21. SUCCESSORS AND ASSIGNS
The Department and the Subgrantee each binds itself,its successors,executors,assigns,and
administrators to the other party to this Agreement and to the successors,executors,assigns,and
administrators of such other party in respect to all covenants of this Agreement. The Subgrantee shall not
assign, sublet,or transfer interest and obligations in this Agreement without written consent of the
Department through eGrants messaging.
ARTICLE 22. CIVIL RIGHTS COMPLIANCE
A. Compliance with regulations: The Subgrantee shall comply with the regulations relative to
nondiscrimination in federally-assisted programs of the USDOT:49 CFR,Part 21;23 CFR,
Subchapter C;and 41 CFR,Parts 60-74,as they may be amended periodically(hereinafter referred to
as the Regulations). The Subgrantee agrees to comply with Executive Order 11246,entitled"Equal
Employment Opporiunity,"as amended by Executive Order 11375 and as supplemented by the U.S.
Department of Labor regulations(41 CFR,Part 60).
B. Nondiscrimination: The Subgrantee,with regard to the work performed during the period of this
Agreement, shall not discriminate on the grounds of race,color, sex,national origin,age,religion, or
disability in the selection and retention of subcontractors,including procurements of materials and
leases of equipment.
C. Solicitations for subcontracts, including procurement of materials and equipment: In all solicitations
either by competitive bidding or negotiation made by the Subgrantee for work to be performed under
a subcontract,including procurements of materials and leases of equipment,each potential
subcontractor or supplier shall be notified by the Subgrantee of the Subgrantee's obligations under
this Agreement and the regulations relative to nondiscrimination on the grounds of race,color,sex,
national origin,age,religion,or disability.
D. Information and reports:The Subgrantee shall provide all information and reports required by the
regulations,or directives issued pursuant thereto,and shall permit access to its books,records,
accounts,other sources of information,and its facilities as may be determined by the Department or
the USDOT to be pertinent to ascertain compliance with such regulations or directives.Where any
information required of the Subgrantee is in the exclusive possession of another who fails or refuses
to furnish this information,the Subgrantee shall so certify to the Department or the US DOT,
whichever is appropriate,and shall set forth what efforts the Subgrantee has made to obtain the
requested information.
TXDOT 14 8/22/2007
City of Friendswood STEP SPEED 2008
E. Sanctions for noncompliance: In the event of the Subgrantee's noncompliance with the
nondiscrimination provision of this Agreement,the Department shall impose such sanctions as it or
the US DOT may deternune 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 such action with respect to any subcontract or
procurement as the Deparhnent may direct as a means of enforcing such provisions,including
sanctions for noncompliance. However,in the event a Subgrantee becomes involved in,or is
threatened with litigation with a subcontractor or supplier as a result of such direction,the Subgrantee
may request the Department to enter into litigation to protect the interests of the state;and in addition,
the Subgrantee may request the United States to enter into such litigation to protect the interests of the
United States.
ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE
It is the policy of the Department and the USDOT that Disadvantaged Business Enterprises,as defined in
49 CFR Part 26,shall have the opportunity to participate in the performance of agreements financed in
whole or in part with federal funds. Consequently,the Disadvantaged Business Enterprise requirements
of 49 CFR Part 26,apply to this Agreement as follows:
• The Subgrantee agrees to insure that Disadvantaged Business Enterprises,as defined in 49 CFR
Part 26,have the opporlunity to participate in the performance of agreements and subcontracts
� financed in whole or in part with federal funds.In this regard,the Subgrantee shall make good
faith efforts in accordance with 49 CFR Part 26,to insure that Disadvantaged Business
Enterprises have the opportunity to compete for and perform agreements and subcontracts.
• The Subgrantee and any subcontractor shall not discriminate on the basis of race,color,sex,
national origin,or disability in the award and performance of agreements funded in whole or in
part with federal funds.
These requirements shall be included in any subcontract.
Failure to carry out the requirements set forth above shall constitute a breach of this Agreement and,after
the notification of the Department,may result in termination of this Agreement by the Department,or
other such remedy as the Department deems appropriate.
ARTICLE 24. DEBARMENT/SUSPENSION
A. The Subgrantee certifies,to the best of its knowledge and belief,that it and its principals:
1. Are not presently debarred, suspended,proposed for debarment,declared ineligible or voluntarily
excluded from covered transactions by any federal department or agency;
2. Have not within a three(3)year period preceding this Agreement been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining,attempting to obtain,or performing a federal,state, or local public transaction or
contract under a public transaction;violation of federal or state antitrust statutes;or commission
of embezzlement,theft,forgery,bribery,falsification or destruction of records,making false
statements,or receiving stolen property;
3. Are not presently indicted or otherwise criminally or civilly charged by a federal,state,or local
governmental entity with commission of any of the offenses enumerated in paragraph A. 2.of this
Article;and
4. Have not,within a three(3)year period preceding this Agreement,had one or more federal,state,
or local public transactions terminated for cause or default.
TXDOT 15 8/22/2007
City of Friendswood STEP SPEED 2008
B. Where the Subgrantee is unable to certify to any of the statements in this Article,such Subgrantee
shall attach an explanation to this Agreement.
C. The Subgrantee is prohibited from making any award or permitting any award at any tier to any party
which is debarred or suspended or otherwise excluded from or ineligible for participation in federal
assistance programs under Executive Order 12549,Debarment and Suspension.
D. The Subgrantee shall require any party to a subcontract or purchase order awarded under this Grant
Agreement to certify its eligibility to receive federal grant funds,and,when requested by the
Department,to furnish a copy of the certification.
ARTICLE 25. LOBBYING CERTIFICATION
The Subgrantee certifies to the best of his or her knowledge and belief that:
A. No federally appropriated funds have been paid or will be paid by or on behalf of the Subgrantee to
any person for influencing or attempting to influence an officer or employee of any federal agency,a
Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress
in connection with the awarding of any federal contract,the making of any federal grant,the making
of any federal loan,the entering into of any cooperative agreement,and the extension,continuation,
renewal,amendment,or modification of any federal contract,grant,loan,or cooperative agreement.
B. If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any federal agency,a Member of
Congress,an of�icer or employee of Congress,or an employee of a Member of Congress in
connection with this federal contract,grant, loan,or cooperative agreement,the party to this
Agreement shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"
in accordance with its instructions.
C. The Subgrantee shall require that the language of this certification be included in the award
documents for all subawards at all tiers(including subcontracts)and that all subrecipients shall certify
and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352,Title 31,U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for
each such failure.
ARTICLE 26. CHILD SUPPORT STATEMENT
Unless the Subgrantee is a governmental or non-profit entity,the Subgrantee certifies that it either will go
to the Department's website noted below and complete the Child Support Statement or already has a
Child Support Statement on file with the Department. The Subgrantee is responsible for keeping the
Child Support Statement current and on file with that office for the duration of this Agreement period.
The Subgrantee further certifies that the Child Support Statement on file contains the child support
information for the individuals or business entities named in this grant. Under Section 231.006,Family
Code,the Subgrantee certifies that the individual or business entity named in this Agreement is not
ineligible to receive the specified grant or payment and acknowledges that this Agreement may be
terminated and payment may be withheld if this certification is inaccurate.
The form for the Child Support Statement is available on the Intemet at:
http://www.dot.state.tx.us/cso/default.htm.
TXDOT 16 8/22/2007
City of Friendswood STEP SPEED 2008
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 Deparhnent on progress, achievements, and problems in
monthly Performance Reports and attaching necessary source documentation to
support all costs claimed in Requests for Reimbursement(RFR).
C. Attend Department-approved grant management training.
D. Attend meetings according to the following:
1. The Department will arrange for meetings with the Subgrantee to present status
of activities and to discuss problems and the schedule for the following
quarter's work.
2. The project director or other appropriate qualified persons will be available to
represent the Subgrantee at meetings requested by the Department.
E. Support grant enforcement efforts with public information and education(PI&E)
activities. Salaries being claimed for PI&E activities must be included in the budget.
F. When applicable, all newly developed PI&E materials must be submitted to the
Department for written approval,through the TxDOT Electronic Grants
Management System(eGrants) system messaging,prior to final production. Refer to
the Traffic Safety Program Manual regarding PI&E procedures.
G. For out of state travel expenses to be reimbursable,the Subgrantee must have
obtained the written approval of the Department,through eGrants system messaging,
prior to the beginning of the trip. Grant approval does not satisfy this requirement.
For Department district-managed grants, the Subgrantee must have obtained written
Department district approval,through eGrants system messaging, for travel and
related expenses if outside of the district boundaries.
H. Maintain verification that all expenses, including wages or salaries, for which
reimbursement is requested is for work exclusively related to this project.
I. Ensure that this grant will in no way supplant(replace) funds from other sources.
Supplanting refers to the use of federal funds to support personnel or any activity
already supported by local or state funds.
J. Ensure that each officer working on the STEP project will complete an officer's
daily report form. The form should include at a minimum: name,date,badge or
identification number,type of grant worked, grant site number,xnileage(including
starting and ending mileage),hours worked,type of citation issued or anest made,
off'icer and supervisor signatures.
TXDOT 17 8/22/2007
City of Friendswood STEP SPEED 2008
K. Ensure that no officer above the rank of Lieutenant(or equivalent title)will be
reimbursed for enforcement duty,unless the Subgrantee received specific written
authorization from the Department,through eGrants system messaging,prior to
incurring costs.
L. Subgrantee may work additional STEP enforcement hours on holidays or special
events not covered under the Operational Plan. However, additional work must be
approved in writing by the Department,through eGrants system messaging,prior to
enforcement. Additional hours must be reported in the Performance Report for the
time period for which the additional hours were worked.
M. If an officer makes a STEP-related arrest during the shift,but does not complete the
arrest before the shift is scheduled to end,the officer can continue working under the
grant to complete that arrest.
N. Subgrantees with a traffic unit will utilize traffic personnel for this grant,unless such
personnel are unavailable for assignment.
O. Prior to conducting speed enforcement,the 5ubgrantee 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 545356.
P. Officers assigned to speed sites should be trained in the use of radar or laser speed
measurement devices.
Q. The Subgrantee should have a safety belt use policy. If the Subgrantee does not have
a safety belt use policy in place, a policy should be implemented,and a copy
maintained for verification during the grant year.
R. Officers working DWI enforcement must be trained in the National Highway Traffic
Safety Administration/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.
S. The Subgrantee should have a procedure in place for contacting and using drug
recognition expzrts(DREs)when necessary.
T. The Subgrantee is encouraged to use the DWI On-line Reporting System available
through the Buckle Up Texas Web site at www.buckleuptexas.com.
TXDOT 18 8/22/2007
City of Friendswood STEP SPEED 2008
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
• telephone conversations
• eGrants system messaging
• e-mails and letters
• quarterly review meetings
• physical inspection of project records and supporting documentation.
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:
• Ascertain whether or not the project objectives were met
• Review project accomplishments(performance measures completed,
targets achieved)
• Document any progress towards self-sufficiency
• Account for any approved Program Income earned and expended
• Identify exemplary performance or best practices.
TXDOT 19 8/22/2007
City of Friendswood STEP SPEED 2008
GOALS AND STRATEGIES
Goal: To increase effective enforcement and adjudication of traffic
safety-related laws to reduce fatal and serious injury crashes
Strategies: Increase enforcement of traffic safety-related laws.
Increase public education and information campaigns.
p I agree to the above goals and strategies.
TXDOT 20 8/22/2007
City of Friendswood STEP SPEED 2008
BASELINE INFORMATION
Baseline Definition: A number serving as a foundation for subgrantees to
measure pre-grant traffic enforcement activity. Baseline information must be
provided by the subgrantee in order to identify local traffic enforcement
related activity. This information should exclude any activity generated
with STEP grant dollars. Once the baseline is established, these figures
will be used to compare subsequent year's local and grant traffic enforcement
activity. Note: Baseline data used must be no older than 2001 data.
Baseline Year (12 months) From 1/1/2006 To 12/31/2006
Baseline Measure Baseline Number
Number of speed citations 5963
Number of speed-related crashes 170
Survey data for the following should not be older than Sep O1, 2006
Baseline Number Month/Year of Survey
Percentage of speed compliance 36o O1/2007
Attach Speed survey data 5706-Speed Surveys 012607.pdf
Support document not included 5706-Accident Stats.pdf
in Survey Data
TXDOT 21 8/22/2007
City of Friendswood STEP SPEED 2008
LAW ENFORCEMENT OBJECTIVE / PERFORMANCE MEASURE
Objective / Performance Measure Target Number
1. Number and Type citations/arrests to be issued under STEP
a. Increase Speed citations by 600
2. Propose Total Number of Traffic Related crashes 153
a. Reduce the number of Speed-Related crashes to
3. Increase Speed Compliance
a. Increase the Speed Compliance rate to 51 %
4. Number of Enforcement Hours 240
STEP Indicator 2.50
TXDOT 22 8/22/2007
City of Friendswood STEP SPEED 2008
PI&E OBJECTIVE / PERFORMANCE MEASURE
Objective / Performance Measure Target Number
Support Grant efforts with a public information and education (PI&E) program
a. Conduct presentations 4
b. Conduct media exposures (e.g. news conferences, news releases, 4
and interviews)
c. Conduct community events (e.g. health fairs, booths) 2
d. Produce the following number of public information and education 0
materials
e. Number of public information and education materials distributed 1000
TXDOT 23 8/22/2007
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City of Friendswood STEP SPEED 2008
TRAVEL AND PER DIEM: STEP ENFORCEMENT MILEAGE — 300
Miles
Cost per mile �
Total $0.00
Amount Percentages
TxDOT 0.00�
Match 0.00�
Total •
TXDOT 25 8/22/2007
City of Friendswood STEP SPEED 2008
BUDGET SUMMARY
Budget Category TxDOT Match Total
Category I - Labor Costs
(100)Salaries $6,250.56 , • 4 $7,353.60
(200)Fringe Benefits $1,410.12 $248.85 $1, 658.97
Category I Sub-Total $7,660.68 1,351.89 $9,012.57
Category II - Other Direct Costs
(300)Travel $0.00 $0.00 $0.00
(400)Equipment $0.00
(500)Supplies $0.00
(600)Contractual Services $0.00
(700) Other Miscellaneous $0.00
Category II Sub-Total $0.00 $0.00 $0.00
Total Direct Costs $7,660.68 1,351.89 9,012.57
Category III - Indirect Costs
(800)Indirect Cost Rate $0.00
Summary
Total Labor Costs $7,660.68 $1,351.89 $9,012.57
Total Direct Costs $0.00 $0.00 $0.00
Total Indirect Costs $0.00
Grant Total $7,660.68 $1,351.89
9 012.57
Fund Sources (Percent Share) 85.00% 15.00 %
TXDOT 26 8/22/2007