HomeMy WebLinkAboutContract 36605City of Fort Worth
CON RACRTENo Y tS
TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
Contract Number: 588XXF6030
Charge Number: 8AL01 G 1 BD
PIN:
Project Year:
17560005286018
1st
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 Fort Worth
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 - Impaired Driving Mobilization
Grant Period: This Grant becomes effective on 12/01/2007 or on the date of final signature of both
parties, whichever is later, and ends on 09/30/2008 unless terminated or otherwise modified.
Amount Eligible for Reimbursement (TxDOT): $60,999.97
Match Amount: $0
Program Income: $0
Total: $60,999.97
02-06-08 P01�54 IN
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City of Fort Worth
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TXDOT
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
City of Fort Worth
(Legal Name of Agency]
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[Name]
[Title]
Date: I a �� C1 �
Under the authority of Ordinance or
Resolution Number (for local government):
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ASSISTANT`` (lCITY ATTORNEY
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THE STATE OF TEXAS
Executed for the Executive Director and
Approved for the Texas Transportation
Commission for the purpose and effect of
activating and/or carrying out orders,
established policies or work programs
approved and authorized by the Texas
Transportation Commission
By:
[Di
Tra
tion]
Jimmey F. Bodiford, P.E.
[Name]
I • • � 1
[Title]
Date: ��.�-c:r.�..�.-+�. Zc'' Z� � 7
By:
Director,
Department of 7
local project
te:
OperationsDivision Texas
�nsportation (Not required
;r nts under $100,000.00)
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12/19/2007
Date ► � I
City of Fort Worth
GENERAL INFORMATION
Project Title: STEP - IDM
Project Description: To conduct DWI Enforcement Waves during holiday
periods to increase DWI arrests and earned media activity as part of
the statewide "Drink. Drive. Go To Jail" campaign and in conjunction
with the National Impaired Driving Mobilization campaign.
How many years has your organization received funding for this project?
This will be our first year.
Organization Address:
City of Fort Worth
1100 Nashville Avenue
Fort Worth, TX 76105
Mailing Address (if different):
Project Director Contact Information:
Lieutenant TIU/DWI
1100 Nashville St.
Fort Worth, TX 76102
Arthur Barclay
2008
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City of Fort Worth
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 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 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-1020 OMB
Circular A-21; OMB Circular A422; 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 governing 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 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 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 Department the access to and the right to examine all records, books, papers, or
documents related to this Grant Agreement.
H. It will comply with all requirements imposed by the Department concerning special requirements of
law, program requirements, and other administrative requirements.
J
f�1�Z�ity
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 la sue`
f
City of Fort Worth
2008
inay 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 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 forn 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 govermnental 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 overrun 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,
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2008
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) 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 incurred in accordance with
the Project Budget, within the time frame specified in the Grant Period of this Grant Agreement,
attributable to work covered by this Agreement, and which has been completed in a manner
satisfactory and acceptable to the Department.
D. Federal or TxDOT funds cannot supplant (replace) funds from any other sources. The term
"supplanting," refers to the use of federal or TxDOT funds to support personnel or an activity already
supported by local or state funds.
E. Payment of costs incurred under this Agreement is further governed by 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, 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 Deparhnent 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.
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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 determines
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 finds 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 performance of the additional work will cause the maximum amount payable to be
exceeded, the work will not be performed before a written grant amendment is executed.
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 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 Department
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-ternrn 1 projects, only one report submitted by the
Subgrantee at the end of the project may be required. Foi• 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), perfoi7nance 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 p) other pertinent information, including, when appropriate, an analysis
and explanation of cost underruns, overruns, or high unit costs.
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City of Fort Worth
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 Department or federal
assistance needed to resolve the situation.
B. Favorable developments or events that enable meeting time schedules and objectives sooner than
anticipated or achieving greater 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 further 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
permitted by law, to indemnify, hold, and save harmless the Department from any and all expenses,
including but not limited to attorney fees, all court costs and awards for damages incurred by the
Department in litigation or otherwise resisting 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 party and each party agrees it is responsible for its individual acts and
deeds, as well as the acts and deeds of its contractors, employees, representatives, and agents.
ARTICLE 10, DISPUTES AND REMEDIES
This Agreement 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.
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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
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 terminated 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 Department 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. r------
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City of Fort Worth
Any person doing business with or who reasonably speaking may do business with the Department under
this Agreement may not make any offer of benefits, gifts, or favors to Department employees, except as
mentioned here above. Failure on the part of the Subgrantee to adhere to this policy may result in
termination of this Agreement.
ARTICLE 16. NONCOLLUSION
The Subgrantee warrants that it has not employed or retained any company or person, other than a bona
fide employee working solely for the Subgrantee, to solicit or secure this Agreement, and that it has not
paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission,
percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or
making of this Agreement. If the Subgrantee breaches or violates this warranty, the Department shall
have the right to annul this Agreement without liability or, in its discretion, to deduct from the Agreement
price or consideration, or otherwise recover the full amount of such fee, commission, brokerage fee,
contingent fee, or gift.
ARTICLE 17. CONFLICT OF INTEREST
The Subgrantee represents that it or its employees have no conflict of interest that would in any way
interfere with its or its employees' performance or which in any way conflicts with the interests of the
Department. The Subgrantee shall exercise reasonable care and diligence to prevent any actions or
conditions that could result in a conflict with the Department's interests.
ARTICLE 18. SUBGRANTEE'S RESOURCES
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.
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
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City of Fort Worth
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. A11 rights to Department. The Department shall own all of the rights (including copyrights, copyright
applications, copyright renewals, and copyright extensions), title and interests in and to all data, and
other information developed under this contract and versions thereof unless otherwise agreed to in
writing that there will be joint ownership.
C. All rights to Subgrantee. Classes and materials initially developed by the Subgrantee without any
type of funding or resource assistance from the Department remain the Subgrantee's intellectual
property. For these classes and materials, the Department payment is limited to payment for
attendance at classes.
ARTICLE 21. SUCCESSORS AND ASSIGNS
The Department and the Subgrantee each binds itself, its successors, executors, assigns, and
administrators to the other party to this Agreement and to the successors, executors, assigns, and
administrators of 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 Opportunity," 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 t e, grounds f race, color ex,
national origin, age, religion, or disability. try fZ t y v7 �u/o 7
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D. Information and reports: The Subgrantee shall provide all information and reports requir 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.
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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 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 such action with respect to any subcontract or
procurement as the Department 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 fiends. 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 opportunity 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 12 12/19/2007
City of Fort Worth
2008
CXDOT
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 2�. 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 officer or employee of Congress, or an employee of a Member of Congress in
connection with this federal contract, grant, loan, or cooperative agreement, the 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 Internet at:
htti)://Tvvww.dot.state.tx.us/eso/default.lit.ni.
13
791 I1 L5�ti1 v
City of Fort Worth
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.
Goal: To reduce the number of DWI -related crashes, injuries, and
fatalities
Strategy: Increase enforcement of DWI laws.
® I agree to the above goals and strategies.
2008
TxDOT 14 12/19/2007
City of Fort Worth
LAW ENFORCEMENT OBJECTIVE/PERFORMANCE MEASURE
1, Number and type citations/arrests to be issued under STEP
a. Number of DWI arrests to be made during the Christmas/New Year's
DWI Operation
b. Number of DWI arrests to be made during the Spring Break
DWI Operation
c. Number of DWI arrests to be made during the Independence Day
DWI Operation
d. Number of DWI arrests to be made during the Labor Day
DWI Operation
2. Total Number of Enforcement Hours for Entire Grant Period
Step Indicator
"These Law Enforcement Objective/Performance Measures are not
binding and are not to be construed as a quota but as a reasonable
measure of the level of law enforcement activity contemplated under
this Agreement."
- (Z
Initial Date
Initial
Date
34
39
23
57
2008
TxDOT 15 12/19/2007
City of Fort Worth
PI&E OBJECTIVE/PERFORMANCE MEASURE
1. Complete administrative and general grant requirements
a. Number of Performance Reports to be submitted A
b. Number of Requests for Reimbursement to be submitted 4
2. Support Grant efforts with a public information and education (PI&E)
program
a. Conduct a minimum of one (1) presentation for each DWI 9
operation period
b. Conduct a minimum of two (2) media exposures (e.g., news $
conferences, news releases, and interviews) for each DWI Operation
period.
c. Conduct a minimum of one (1) community event (e.g., health 4
fair, traffic safety booth) during the grant period
d. Produce the following number of public information and
Lal
e. Distribute the following number of public information and 0
education materials if applicable.
TxDOT 16
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City of Fort Worth
2008
BUDGET SUMMARY
Budget Category
TxDOT
Match
Total
Category I - Labor Costs
(100)Salaries
$511740.56
$0
$51,740.56
(200)Fringe Benefits
$9
259.41
$0
9
259.41
Category I Sub -Total
$60,999.97
$0
$60
999997
Category II - Other Direct Costs
(300)Travel
$0
$0
$0
(400)Equipment
$0
(500)Supplies
$0
(600)Contractual Services
$0
(700) Other Miscellaneous
$0
Category II Sub -Total
0
$0
0
Total Direct Costs
$60
999,97
$0
$60,999.97
Category III - Indirect Costs
(800)Indirect Cost Rate
$0
Summary
Total Labor Costs
$60,999.97
$0
$60,999*97
Total Direct Costs
$0
$0
$0
Total Indirect Costs
$0
Grand Total
60
999.97
0
Fund Sources (Percent Share)
1009000
0.00%
TxDOT 18 12/19/2007
City of Fort Worth
IDM OPERATIONAL PLAN
® I agree to the terms and conditions detailed on this page.
Comments:
Site Description Jurisdiction Wide
Conduct focused DWI saturation patrols within
high risk locations during times when alcohol -
related crashes are most frequent
Conduct a minimum of 4 nights of DWI enforcement
during each holiday period
Conduct pre and post earned media activities for
each holiday period
TxDOT
2008
07
City of Fort Worth
Pre -Media Campaign
Enforcement Period
Post -Media Campaign
Pre -Media Campaign
Enforcement Period
Post -Media Campaign
Pre -Media Campaign
Enforcement Period
Post -Media Campaign
Pre -Media Campaign
Enforcement Period
Post -Media Campaign
Pre -Media Efforts Before
Enforcement Periods:
Enforcement Periods:
Post -Media Efforts After
Enforcement Periods:
Christmas/New Year's Wave
December 11 - 20, 2007
December 21, 2007 - January 1, 2008
January 2 - 11, 2008
Spring Break Wave
February 26, 2008 - March 6, 2008
March 7 - 23, 2008
March 24, 2008 - April 2, 2008
Independence Day Wave
June 17 - 26, 2008
June
27
- 30,
2008
July
1 -
6, 2008
July 7 - 16, 2008
Labor Day Crackdown
August 5 - 14, 2008
August 15 - September 1, 2008
September 2 - 11, 2008
Description of Activities
Conduct local media events immediately before the
enforcement effort to maximize the visibility of
enforcement to the public. The media events tell
the public when, where, how and why impaired
driving laws are being enforced.
Intensify
enforcement through
coordinated
saturation
patrols
in an overtime
STEP placing
primary
emphasis on
increasing
DWI
Arrests and
reducing
the number
of alcohol
related
traffic
crashes
during peak
holiday traffic.
Conduct local media events to tell the public why
impaired driving laws are important and the
results of the mobilization.
2008
TxDOT 19 12/19/2007
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/4/2007 -Ordinance No. # 17900-12-2007
DATE: Tuesday, December 04, 2007
LOG NAME: 35FY081DM
REFERENCE NO.: **C-22559
SUBJECT:
Authorize the Application for and Acceptance of FY2008 Impaired Driving Mobilization Grant from
the Texas Department of Transportation; Authorize the City Manager to Execute the Grant
Agreement; and Adopt Appropriation Ordinance
��- _ -- - -�----sue - -.` _- -�
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to apply for and accept, if awarded, an Impaired Driving Mobilization grant in
the amount of $61,000 from the Texas Department of Transportation;
2. Authorize the City Manager to enter into a contract with the Texas Department of Transportation for the
Impaired Driving Mobilization grant implementation during Fiscal Year 2008; and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriation in the Grants
Fund in the amount of $61,000 upon receipt of the grant.
DISCUSSION:
The goal of the Impaired Driving Mobilization project is to conduct a sustained Driving While Intoxicated
(DWI) enforcement effort to increase DWI arrests and decrease alcohol related crashes. The contract
provides funds for Fort Worth Police Department officers to conduct DWI enforcement on an overtime basis
for nine months.
Grant funds of $47,111 are budgeted for 973 enforcement overtime hours and $8,438 for fringe
benefits. An additional $4,349 is budgeted for overtime hours and fringe benefits required for administrating
the grant. Twenty hours of overtime and fringe is budgeted to work public information and education events
at $1,102. No matching funds are required for this program.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations, award of the grant,
execution of the contract and adoption of the attached appropriation ordinance, funds will be available in the
2008 Fiscal Year operating budget as appropriated of the grants fund. Funds will be reimbursed by grantor
after expenditures are made.
V'���6� ����L%1l� l':�l �1 U
E
Logname: 35FY08IDM
Page 1 of 2
TO Fund/Account/Centers
GR76 451942 035302238000
GR76 5(VARIOUS) 035302238010
Submitted for City Manager's Office b�
Originating Department Head:
Additional Information Contact:
$61,000.00
$61,000.00
FROM Fund/Account/Centers
Joe Paniagua (6575)
Ralph Mendoza (4210)
Sasha Kane (4243)
Logname: 35FY08IDM
Page 2 of 2