HomeMy WebLinkAboutContract 54386 CSC No. 54386
Texas Traff i c Safety e G rants
Fiscal Year 2021
Organization dame: City of Fort Worth Police Department
Legal Name: City of Fort Worth
Payee Identification Dumber: 17560005286018
Project Title: STEP Comprehensive
ID: 2621 -Fcrtworth- -1`i' -66636
Period: 1616112626 to 69f3612621
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth Police Department
STEP Comprehensive 2021
TEXAS TiR-AFFIC SAFETY PROGRAM GRANT AGREEMENT
THE STATE OF TEXAS
THE COUNTY OF TRAVI
THIS AGREE10ENT IS MADE 8Y and beWeen the State of Texas, acting by and through the
Texas Department of Transportation, hereinafter called the Department and the, City of Fork
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/Transit District_
AUTHORITY:Texas Transportation Code, Chapter 72 _the Traffic Safety Act of 1967, and
the Highway Safety Performance Plan for the Fiscal Year 2021_
Name of the Federal Agencv. National Highway Traffic Safety Administration
CFDA Number: 20.600
CFDA Title: State and Community Highway Safety Grant Program
Funding Source: Section 402
DUNS: 782003727
FAIN:
IB 9204020TX21
69A37521300004020 TXO
Project Title: STEP Comprehensive
This project is Not Research and Development
Grant Period. This Grant becomes effective an 1010112020 or an the date of final signature of
both parties, whichever is later_ and ends an 0913012021 unless terminated or otherwise
modified_
Total Awarded: $253,898.85
Amount Eligible for Reimbursement by the Department: $202,997.46
Match Amount provided by the ubgrantee: $50,901.39
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TEXA,S TRAFFIC SA-FETY PROGRJILM 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 fiill and complete authority to enter into
this agreement on behalf of the organization.
Subgrantee Signature
By checking this box, I agree to use electronic signatures. Furthermore,I confirm that I have
X signature authority-to execute this document and it is an electronic representation of my signature for
all purposes when I use it on documents, including legally,binding contracts—just the same as a
pen-and-paper signature.
Name: Heidi Yaple
Title: Grants Specialist
Date: Aug 12 2020 l 1:50Al-I
TxDOT Signature
By checking this box, I agree to use electronic signatures. Furthermore, I confirm that I have
k signature authority to execute this document and it is an electronic representation of my signature for
all purposes when I use it on documents, including legally-binding contracts—just the same as a
pen-and-paper signature.
Name:Term Pence
Title: Traffic Safety Director
Date: Aug 20 2020 i:38P--M
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STEP Comprehensive 2021
GRANT AGREEMENT GENERAL TERMS AND CONDITIONS (Revosed 0711812019)
Definitions: For purposes of these Terms and Conditions. the "Department"is also known as the
"State" and the"prospective primary participant" and the"Subgrantee" is also known as the
"Subrecipient" and "prospective lower tier participant"
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 compliance_
ARTICLE 2. STANDARD ASSURANCES
The Subgrantee assures and certifies that it will comply with the regulations; policies, guidelines, and
requirements.. including 2 CFR, Part 200: and the Department's 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 in the application. and
directing and authorizing the person identified as the official representative of the applicant to act in
connection with the application and to provide any additional information that may be required.
B_ It and its subcontractors will comply with Title VI of the Civil Rights Act of 1964 (Public Law 88-
352), as amended, and in accordance with that Act, no person shall discriminate, on the grounds of
race. color_ sex, national origin, 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) §§46G1 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_ Political activity(Hatch Act)(applies to subrecipients as well as States)_ The State will comply
with provisions of the Hatch Act (5 U.S_C_ 1501-1508) which limits the political activities of
employees whose principal employment activities are funded in whole or in part with Federal funds.
E_ It will comply with the federal Fair Labor Standards 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.
_ It will give the Department the access to and the right to examine all records, books, papers. or
documents related to this Grant Agreement.
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H- It will comply with all requirements imposed by the Department concerning special requirements
of law, program requirements- and other administrative requirements.
I- It recognizes that many federal and state laws imposing environmental and resource conservation
requirements may apply to this Grant Agreement- Some, but not all; of the major federal laws that
may affect the project include:the National Environmental Policy Act of 1969, as amended, 42 USC
§§4321 et seq-; the Clean Air Act, as amended- 42 USC §§7401 et 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.. regulations, 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 federal
requirements that 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 that insurance is available as a
condition for the receipt of any federal financial assistance for construction or acquisition purposes
for use in any area that has been identified by the Secretary of the Department of Housing and Urban
Development as an area having special flood hazards_The phrase"federal financial assistance"
includes any form of 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 that person. This prohibition shall not apply to 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 Cade,which requires all
regular- special, or called meetings of governmental bodies to be open to the public, except as
otherwise provided by law or specifically permitted in the Texas Constitution-
ARTICLE 3. COMPENSATION
A- The method of payment for this agreement will be based on actual costs incurred up to and not to
exceed the limits specified in the Project Budget- The amount included in a Project Budget category
will be deemed to be an estimate only and a higher amount can be reimbursed, subject to the
conditions specified in paragraph B of this Article. If the Project Budget specifies that costs are
based on a specific rate, per-unit cast. or other method of payment. reimbursement will be based on
the specified method-
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B_All payments will be made in accordance with the Project Budget.
1_ The ubgrantee's expenditures may overrun a budget category (I, II; or III) in the approved Project
Budget without a grant (budget) amendment. as long as the overrun does not exceed a total of five
(5) percent of the maximum amount eligible for reimbursement(TxDOT) in the attached Project
Budget for the current fiscal year. This overrun must be off-set by an equivalent underrun elsewhere
in the Project Budget-
2- If the overrun is five (5) percent or less, the Subgrantee must provide written notification to the
Department_ through the TxDOT Electronic Grants Management System (eGrants), prior to the
Request for Reimbursement being approved_ The notification must indicate the amount,the percent
over, and the specific reason(s)for the overrun-
3- Any overrun of more than five(5)percent of the amount eligible for reimbursement (TxDOT)in the
attached Project Budget requires an amendment of this Grant Agreement-
4- The maximum amount eligible for reimbursement shall not be increased above the Grand Total
TxDOT Amount in the approved Project Budget. unless this Grant Agreement is amended, as
described in Article 5 of this agreement.
5_ For Selective Traffic Enforcement Program (STEP) grants only_ In the Project Budget;
ubgrantees 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. ubgrantees 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 five (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 the cost principles
outlined in 2 CFR Part 200.
F. The Subgrantee agrees to submit monthly Requests for Reimbursement. as designated in this
Grant Agreement_within thirty (3G) days after the end of the billing period_ The Request for
Reimbursement and appropriate supporting documentation must be submitted through &Grants_
G_The Subgrantee agrees to submit the final Request for Reimbursement under this agreement
within forty-five(45)days of the end of the grant period_
H_ Payments are contingent upon the availability of appropriated funds_
I_ Project agreements supported with federal or TxDOT funds are limited to the length of this Grant
Period specified in this Grant Agreement. If the Department determines that the project has
demonstrated merit or has potential long-range benefits_the Subgrantee may apply for funding
assistance beyond the initial agreement period.
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Preference for funding will be given to projects based on (1)proposed cost sharing and (2)
demonstrated performance history_
ARTICLE 4. LIMITATION OF LIABILITY
Payment of costs incurred under this agreement is contingent upon the availability of funds_ If at any
time during this Grant Period, the Department determines that there is insufficient funding to continue
the project,the Department shall notify the Subgrantee, giving notice of intent to terminate this
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 notify the Subgrantee to continue this agreement_
ARTICLE a. 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
A_ If the Subgrantee is of the opinion that any assigned work is beyond the scope of this agreement
and constitutes additional work, the Subgrantee shall promptly notify the Department in writing
through eGrants. If the Department finds that such work does constitute additional work_the
Department shall advise the Bubgrantee 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_
B_ If the Subgrantee has submitted work in accordance with the terms of this agreement but the
Department requests changes to the completed work or parts of the work which involve changes to
the original scope of services or character of work under this agreement.. the Subgrantee shall make
those revisions as requested and directed by the Department_This will be considered as additional
work and will be paid for as specified in this Article_
G_ If the Subgrantee submits work that does not comply with the terms of this agreement_the
Department shall instruct the Subgrantee to make any revisions that are necessary to bring the work
into compliance with this agreement_ No additional compensation shall be paid for this work.
D_The Subgrantee shall make revisions to the work authorized in this agreement that are necessary
to correct errors or omissions_when required to do so by the Department_ No additional
compensation shall be paid for this work_
E_The Department shall not be responsible for actions by the Subgrantee or any costs incurred by
the Subgrantee relating to additional work not directly associated with or prior to the execution of an
amendment_
ARTICLE 7. REPORTING AND MONITORING
A_ Not later than thirty(3G) days after the end of each reporting period.. the Subgrantee shall submit a
performance report through eGrants_ Reporting periods vary by project duration and are defined as
follows:
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1_ For short term projects, the reporting period is the duration of the project_ Subgrantee shall submit
a performance report within 30 days of project completion.
2_ For longer projects. the reporting period is monthly. Subgrantee shall submit a performance report
within 30 days of the completion of each project month and within 30 days of project completion-
3- For Selective Traffic Enforcement Program (STEP) Wave projects, the reporting period is each
billing cycle_ Subgrantee shall submit a performance report within 30 days of the completion of each
billing cycle.
B_The performance report will include; as a minimum: (1)a comparison of actual accomplishments
to the objectives established for the period; (2) reasons why established objectives and performance
measures were not met; if appropriate. and (3) other pertinent information. including;when
appropriate, an analysis and explanation of cost underruns, overruns; or high unit costs_
C_The Subgrantee shall promptly advise the Department in writing, through eCrants; of events that
will have a significant impact upon this agreement.. including:
1_ 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-
2- Favorable developments or events that enable meeting time schedules and objectives sooner
than anticipated or achieving greater performance measure output than originally projected_
D_The Subgrantee shall submit the Final Performance Report through eOrants within thirty(30)
days after completion of the grant_
ARTICLE 8. RECORDS
The Subgrantee agrees to maintain all reports; documents.. papers; accounting records. books. and
other evidence pertaining to casts incurred and work performed under this agreement(called the
"Records"), and shall make the Records available at its office for the time period authorized within
the Grant Period; as specified in this Grant Agreement. The Subgrantee further agrees to retain the
Records for four(4)years from the date of final payment under this agreement; until completion of all
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
A_ 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 casts and awards for
damages incurred by the department in litigation or otherwise resisting claims or liabilities as a result
of any activities of the Subgrantee: its agents_ or employees.
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B_To the extent permitted by law,theSubgrantee: 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 to or death of any employee resulting from any alleged negligent
act, by either commission or omission on the part of the ubgrantee_
_ If the Subgrantee is a government entity, bath 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 supersedes any prior oral or written agreements_ If a conflict arises between this
agreement and the Traffic Safety Program h.,lanual, 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 work under this agreement_ Disputes concerning
performance or payment shall be submitted to the Department for settlement. with the Executive
Director or his or her designee acting as final referee.
ARTICLE 11. TERMINATION
A_ This agreement shall remain in effect until the Subgrantee has satisfactorily completed all
services and obligations described in this agreement and these have been accepted by the
Department, unless
1_ This agreement is terminated in writing with the mutual consent of both parties; or
2_ There is a written thirty(30)day notice by either party_ or
3_ The Department determines that the performance of the project is not in the best interest of the
Department and informs the Subgrantee that the project is terminated immediately.
B. The Department shall compensate the Subgrantee for only those eligible expenses incurred
during the Grant Period specified in this Grant Agreement that are directly attributable to the
completed portion of the work covered by this agreement, provided that the work has been
completed in a manner satisfactory and acceptable to the Department. The Subgrantee shall not
incur nor be reimbursed for any new obligations after the effective date of termination.
ARTICLE 12. INSPECTION OF WORK
A_ The Department and, when federal funds are involved, the UDOT; or any of their authorized
representatives; have the right at all reasonable times to inspect or otherwise evaluate the work
performed or being performed under this agreement and the premises in which it is being performed_
B_ If any inspection or evaluation is made on the premises of the Subgrantee or its subcontractor. the
Subgrantee shall provide and require its subcontractor to provide all reasonable facilities and
assistance for the safety and convenience of the inspectors in the performance of their duties. All
inspections and evaluations shall be performed in a manner that will not unduly delay the work.
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ARTICLE 13. AUDIT
The state auditor may conduct an audit or investigation of any entity receiving funds from the state
directly under this agreement or indirectly through a subcontract under this agreement_ Acceptance
of funds directly under this agreement or indirectly through a subcontract under this agreement acts
as acceptance of the authority of the State Auditor_ under the direction of the legislative audit
committee_to conduct an audit or investigation in connection with those funds. An entity that is the
subject of an audit or investigation must provide the state auditor with access to any information the
state auditor considers relevant to the investigation or audit.
ARTICLE 14. SUBCONTRACTS
A subcontract in excess of;25_000 may not be executed by the Subgrantee without prior written
concurrence by the Department. Subcontracts in excess of 25_OQQ shall contain all applicable
terms and conditions of this agreement. No subcontract will relieve the Subgrantee of its
responsibility under this agreement_
ARTICLE 16. GRATUITIES
A_ 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.
B_Any person doing business with or who reasonably speaking may do business with the
Department under this agreement may not make any offer of benefits_ gifts, or favors to Department
employees, except as mentioned here above_ Failure on the part of the Subgrantee to adhere to this
policy may result in termination of this agreement.
ARTICLE 16. NONCOLLUSION
The Subgrantee warrants that it has not employed or retained any company or 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
A. The Subgrantee certifies that it presently has adequate qualified personnel in its employment to
perform the work required under this agreement, or will be able to obtain such personnel from
sources other than the Department.
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B. All employees of the Subgrantee shall have the knowledge and experience that will enable them to
perform the duties assigned to them_Any employee of the Subgrantee who, in the opinion of the
Department. is incompetent or whose conduct becomes detrimental to the work, shall immediately
be removed from association with the project_
C_ Unless otherwise specified_the Subgrantee shall furnish all equipment. materials_ 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 awn procurement and property management procedures..
provided that the procedures are not in conflict with (1)the Department's procurement and property
management standards and (2)the federal procurement and property management standards
provided by 2 CFR §§ 200.310-_316_ 200.318-.324_
ARTICLE 20. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY
Upon completion or termination of this Grant Agreement..whether for cause or at the convenience of
the parties_ 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 funds shall; at the option of the Department, became 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 farm of intellectual property
rights covering any databases; 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 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 the other party in respect to all covenants of this agreement_ The Subgrantee shall
not assign, sublet_ or transfer interest and obligations in this agreement without written consent of
the Department through &Grants_
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 United States Department of Transportation
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(USDOT)- 49 CFR, Part 21, 23 CFR, Part 200, and 41 CFR.. Parts 60-74- as they may be amended
periodically(called the "Regulations"). The Subgrantee agrees to comply with Executive Order
11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 and as
supplemented by the U-S. Department of Labor regulations (41 CFR, Part 60).
B- Nondiscrimination: (applies to subrecipients as well as States)The State highway safety agency
will comply with all Federal statutes and implementing regulations relating to nondiscrimination
("Federal Nondiscrimination Authorities"). These include but are not limited to:
• Title VI of the Civil Rights Act of 1964 (42 U-S.C- 2000d et seq-. 78 stat. 252). (prohibits
discrimination on the basis of race. color, national origin) and 49 CFR part 21;
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 .
(42 U-S-C- 4601), (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal-aid programs and projects);
. Federal-Aid Highway Act of 1973 , (23 U_S_C_ 324 et seq_)_ and Title IX of the Education
Amendments of 1972, as amended (20 U-S-C- 1681-1683 and 1685-1686) (prohibit
discrimination an the basis of sex);
• Section 604 of the Rehabilitation Act of 1973 _ (29 U.S-C- 794 et seq-)_ as amended..
(prohibits discrimination on the basis of disability) and 49 CFR part 27;
• The Age Discrimination Act of 1975. as amended, (42 U-S-C-6101 et seq-); (prohibits
discrimination on the basis of age);
• The Civil Rights Restoration Act of 1987 ; (Pub. L. 100-209), (broadens scope, coverage
and applicability of Title VI of the Civil Rights Act of 1964_ The Age Discrimination Act of 1975
and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms
"programs or activities"to include all of the programs or activities of the Federal aid recipients,
subrecipients and contractors, whether such programs or activities are Federally-funded or
not);
• Titles II and III of the Americans with Disabilities Act (42 U.S-C. 12131-12189) (prohibits
discrimination an the basis of disability in the operation of public entities, public and private
transportation systems_ places of public accommodation, and certain testing)and 49 CFR
parts 37 and 38:
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations (prevents discrimination against minority
populations by discouraging programs, policies- and activities with disproportionately high and
adverse human health or environmental effects on minority and low-income populations): and
• Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency (guards against Title VI national origin discriminationidiscrimination
because of limited English proficiency(LEP) by ensuring that funding recipients take
reasonable steps to ensure that LEP persons have meaningful access to programs (70 FIR
74087-74100)-
The State highway safety agency-
. Will take all measures necessary to ensure that no person in the United States shall. on the
grounds of race. color, national origin, disability, sex, age.. limited English proficiency. or
membership in any other class protected by Federal Nondiscrimination Authorities, be
excluded from participation in, be denied the benefits of; or be otherwise subjected to
discrimination under any of its programs or activities, so long as any portion of the program is
Federally-assisted;
. Will administer the program in a manner that reasonably ensures that any of its subrecipients,
contractors; subcontractors, and consultants receiving Federal financial assistance under this
program will comply with all requirements of the Non-Discrimination Authorities identified in
this Assurance:
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. Agrees to comply (and require its subrecipients, contractors. subcontractors, and consultants
to comply)with all applicable provisions of law or regulation governing US DOT's or NHTSA's
access to records; accounts; documents. information, facilities, and staff, and to cooperate
and comply with any program or compliance reviews. and/or complaint investigations
conducted by US DOT or NHTSA under any Federal Nondiscrimination Authority.
. Acknowledges that the United States has a right to seek judicial enforcement with regard to
any matter arising under these Non-Discrimination Authorities and this Assurance;
. Agrees to insert in all contracts and funding agreements with other State or private entities the
following clause:
"During the performance of this contract/funding agreement,the contractor/funding recipient agrees-
a- To comply with all Federal nondiscrimination laws and regulations, as may be amended from time
to time;
b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non-
discrimination law or regulation, as set forth in appendix B of 49 CFR part 21 and herein,
c_ To permit access to its books, records_ accounts, other sources of information.. and its facilities
as required by the State highway safety office. US DOT or NHTSA;
d. That. in event a contractor/finding recipient fails to comply with any nondiscrimination provisions in
this contract/funding agreement,the State highway safety agency will have the right to impose such
contractlagreement sanctions as it or NHTSA determine are appropriate, including but not limited to
withholding payments to the contractor/funding recipient under the contract/agreement until the
contractor/funding recipient complies; and/or cancelling.terminating. or suspending a contract or
funding agreement. in whole or in part: and
e. To insert this clause, including paragraphs (a)through (e), in every subcontract and
subagreement and in every solicitation for a subcontract or sub-agreement.that receives Federal
funds under this program-
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 the Regulations or directives. Where any
information required of the Subgrantee is in the exclusive possession of another who fails or refuses
to furnish this information_ the Subgrantee shall certify that to the Department or the USDOT,
whichever is appropriate. and shall set forth what efforts the Subgrantee has made to obtain the
requested information.
E. Sanctions for noncompliance: In the event of the Subgrantee's noncompliance with the
nondiscrimination provision of this agreement.the Department shall impose such sanctions as it or
the USDOT may determine to be appropriate-
F. Incorporation of provisions. The Subgrantee shall include the provisions of paragraphs A. thrr,ugh
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E_ in every subcontract. including procurements of materials and leases of equipment, unless V
exempt by the regulations or directives-The Subgrantee shall take any action with respect to any
subcontract or procurement that the Department may direct as a means of enforcing those
provisions, including sanctions for noncompliance- However, in the event a Subgrantee becomes
involved in, or is threatened with litigation with a subcontractor or supplier as a result of such
direction. the Subgrantee may request the Department to enter into litigation to protect the interests
of the state-, and in addition. the Subgrantee may request the United States to enter into such
litigation to protect the interests of the United States.
ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM
A. The parties shall comply with the DBE Program requirements established in 49 CFR Part 26-
B-The Subgrantee shall adopt, in its totality,the Department's federally approved DBE program-
C-The Subgrantee shall set an appropriate DBE goal consistent with the Department's DBE
guidelines and in consideration of the local market; project size; and nature of the goods or services
to be acquired. The Subgrantee shall have final decision- making authority regarding the DBE goal
and shall be responsible for documenting its actions-
D-The Subgrantee shall follow all other parts of the Department's DBE program referenced in
T ROT Form 2395; Memorandum of Understanding Regarding the Adoption of the Texas
Department of Transportation's Federal Iy-Approved Disadvantaged Business Enterprise by Entity
and attachments found at web address http://wwww-t dot-gov/business}partnershipsidbe.htmI
E-The Subgrantee shall not discriminate on the basis of race, color, national origin, or sex in the
award and performance of any UDOT-assisted contract or in the administration of its DBE
program or the requirements of 49 CFR Part 26. The Subgrantee shall take all necessary and
reasonable steps under 49 CFR Part 26 to ensure non-discrimination in award and administration of
U DOT-assisted contracts- The Department's DBE program. as required by 49 CFR Part 26 and as
approved by UDOT- is incorporated by reference in this agreement. Implementation of this program
is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement-
Upon notification to the Subgrantee of its failure to carry out its approved program_ the Department
may impose sanctions as provided for under 49 CFR Part 26 and may. in appropriate cases, refer
the matter for enforcement under 18 U C 1 GG1 and the Program Fraud Civil Remedies Act of 1986
(31 U C 3801 et seq-)-
F- Each contract the Subgrantee signs with a contractor(and each subcontract the prime contractor
signs with a sub-contractor)must include the following assurance. The contractor; sub-recipient. or
sub-contractor shall not discriminate on the basis of race, color, national origin- or sex in the
performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part
26 in the award and administration of U IDOT-assisted contracts. Failure by the contractor to carry
out these requirements is a material breach of this agreement, which may result in the termination of
this agreement or such other remedy as the recipient deems appropriate.
ARTICLE 24. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION (applies to
subrecipients as well as States)
Instructions for Primary Tier Participant Certification (States
1- By signing and submitting this proposal. the prospective primary tier participant is providing the
certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 120G.
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2_ The inability of a person to provide the certification required below will not necessarily result in
denial of participation in this covered transaction_ The prospective primary tier participant shall
submit an explanation of why it cannot provide the certification set out below_ The certification or
explanation will be considered in connection with the department or agency's determination whether
to enter into this transaction. However; failure of the prospective primary tier participant to furnish a
certification or an explanation shall disqualify such person from participation in this transaction.
3_ The certification in this clause is a material representation of fact upon which reliance was placed
when the department or agency determined to enter into this transaction. If it is later determined that
the prospective primary tier participant knowingly rendered an erroneous certification, in addition to
other remedies available to the Federal Government,the department or agency may terminate this
transaction for cause or default or may pursue suspension or debarment.
4_ The prospective primary tier participant shall provide immediate written notice to the department or
agency to which this proposal is submitted if at any time the prospective primary tier participant
learns its certification was erroneous when submitted or has become erroneous by reason of
changed circumstances.
5_ The terms covered transaction, civil judgment; debarment, suspension, ineligible. participant;
person; principal_ and voluntarily excluded. as used in this clause, are defined in 2 CFR parts 180
and 1200. You may contact the department or agency to which this proposal is being submitted for
assistance in obtaining a copy of those regulations-
6- The prospective primary tier participant agrees by submitting this proposal that, should the
proposed covered transaction be entered into_ it shall not knowingly enter into any lower tier covered
transaction with a person who is proposed for debarment under 48 CFR Part 9.. subpart 9.4,
debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the department or agency entering into this transaction.
7_ The prospective primary tier participant further agrees by submitting this proposal that it will
include the clause titled "Certification Regarding Debarment. Suspension, Ineligibility and Voluntary
Exclusion-Lower Tier Covered Transaction."provided by the department or agency entering into this
covered transaction, without modification . in all lower tier covered transactions and in all solicitations
for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts
189 and 1200_
8_ A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9_ subpart
9.4, debarred, suspended, ineligible. or voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous_A participant is responsible for ensuring that its principals
are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify
the eligibility of its principals_ as well as the eligibility of any prospective lower tier participants, each
participant may, but is not required to, check the System for Award Management Exclusions website
(https:llwww_sam.govl).
9_ Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause_ The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings-
1 G. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
proposed for debarment under 48 CFR Part 9.. subpart 9.4.. suspended.. debarred, ineligible_ or
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voluntarily excluded from participation in this transaction; in addition to other remedies available to
the Federal Government,the department or agency may terminate this transaction for cause or
default_
Certification Regardorrg Debarment, SuUerrsiorr, and Other ReUoasibifity Matters-Primary Tier
Covered Transactions
(1)The prospective primary tier participant certifies to the best of its knowledge and belief, that it and
its principals.-
(a)Are not presently debarred; suspended, proposed for debarment; declared ineligible.. or voluntarily
excluded from participating in covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining_ attempting to obtain, or performing a public (Federal, State or local)transaction or contract
under a public transaction;violation of Federal or State antitrust statutes or commission of
embezzlement, theft,forgery, bribery,falsification or destruction of records, making false
statements_ or receiving stolen property;
(c)Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal; State or Local) with commission of any of the offenses enumerated in paragraph (1)(b)of
this certification; and
(d) Have not within a three-year period preceding this applicationiproposal had one or more public
transactions (Federal, State, or local)terminated for cause or default_
(2)Where the prospective primary participant is unable to certify to any of the Statements in this
certification. such prospective participant shall attach an explanation to this proposal.
Instructions for Lower Tier Participant Certification
1_ By signing and submitting this proposal,the prospective lower tier participant is providing the
certification set out below and agrees to comply with the requirements of 2 CFR parts 18G and 1200.
2_ The certification in this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into. If it is later determined that the prospective lower tier
participant knowingly rendered an erroneous certification; in addition to other remedies available to
the Federal government_ the department or agency with which this transaction originated may
pursue available remedies, including suspension or debarment.
3_ The prospective lower tier participant shall provide immediate written notice to the person to which
this proposal is submitted if at any time the prospective lower tier participant learns that its
certification was erroneous when submitted or has become erroneous by reason of changed
circumstances-
4- The terms covered transaction. civil judgment; debarment. suspension, ineligible; participant,
person: principal_ and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180
and 1200. You may contact the person to whom this proposal is submitted for assistance in
obtaining a copy of those regulations.
5_ The prospective lower tier participant agrees by submitting this proposal that, should the proposed
covered transaction be entered into., it shall not knowingly enter into anv lower tier covered
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transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4,
debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered
transaction; unless authorized by the department or agency with which this transaction originated-
6- The prospective lower tier participant further agrees by submitting this proposal that it will include
the clause titled "Instructions for Lower Tier Participant Certification"including the "Certification
Regarding Debarment, Suspension.. Ineligibility and Voluntary Exclusion - Lower Tier Covered
Transaction,"without modification, in all lower tier covered transactions and in all solicitations for
lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts
189 and 1208_
7_ A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that it is not proposed for debarment under 48 CFR Part 9, subpart
9.4, debarred, suspended; ineligible, or voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous_A participant is responsible for ensuring that its principals
are not suspended, debarred; or otherwise ineligible to participate in covered transactions. To verify
the eligibility of its principals_ as well as the eligibility of any prospective lower tier participants, each
participant may; but is not required to. check the System for Award Management Exclusions website
(https1/www_sam_govl).
8_ Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings_
9_ Except for transactions authorized under paragraph 5 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended; debarred, ineligible; or
voluntarily excluded from participation in this transaction, in addition to other remedies available to
the Federal government. the department or agency with which this transaction originated may
pursue available remedies, including suspension or debarment.
Certification Regarding Debarment, SuUeasion. frrel+g+b+lity aad Voluntary Exclusion - LG4Ver Tier
Covered Transactions:
1_ The prospective lower tier participant certifies_ by submission of this proposal..that neither it nor its
principals is presently debarred, suspended, proposed for debarment. declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal department or agency-
2- Where the prospective lower tier participant is unable to certify to any of the statements in this
certification_ such prospective participant shall attach an explanation to this proposal.
ARTICLE 25. CERTIFICATION REGARDING FEDERAL LOBBYING (applies to subrecipients as
well as States)
Certification for Contracts, Grants. Loans. and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief,that-
1_ No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency. a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any Federal contract; the making of any Federal grant, the making
of any Federal loan,the entering into of any cooperative agreement. and the extension, continuation_
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renewal, amendment. or modification of any Federal contract, grant, loan. or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress. or an employee of a Member of Congress in connection with
this Federal contract, grant. loan. or cooperative agreement;the undersigned shall complete and
submit Standard Form-LLL_ "Disclosure Form to Report Lobbying_" in accordance with its
instructions-
3- The undersigned shall require that the language of this certification be included in the award
documents for all sub-awards at all tiers (including subcontracts.. subgrants; and contracts under
grant, loans, and cooperative agreements)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 1 O.,OOO and not more
than 100.000 for each such failure.
ARTICLE 26. CHILD SUPPORT CERTIFICATION
Under Section 231.006,Texas Family Code;the Subgrantee certifies that the individual or business
entity named in this agreement is not ineligible to receive the specified grant_ loan. or payment and
acknowledges that this agreement may be terminated and payment may be withheld if this
certification is inaccurate. If the above certification is shown to be false. the Subgrantee is liable to
the state for attorney's fees and any other damages provided by law or the agreement. A child
support obligor or business entity ineligible to receive payments because of a payment delinquency
of more than thirty(30) days remains ineligible until: all arrearages have been paid;the obligor is in
compliance with a written repayment agreement or court order as to any existing delinquency-. or the
court of continuing jurisdiction over the child support order has granted the obligor an exemption from
Subsection {a}of Section 231-GOB-. Texas Family Code, as part of a court-supervised effort to
improve earnings and child support payments.
ARTICLE 27. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT
REQUIREMENTS
A. Any recipient of funds under this agreement agrees to comply with the Federal Funding
Accountability and Transparency Act and implementing regulations at 2 CFR Part 170, including
Appendix A. This agreement is subject to the following award terms:
http:{}edocket_access_gpo.govi2010ipdfi201G-22705_pdf and
http:fledocket.access.gpo-govi201 Dip dfi2010-22706.pdf .
B.The Subgrantee agrees that it shall:
1. Obtain and provide to the State a System for Award Management (SAM) number (48 CFR subpt.
4.11) if this award provides for more than $25,000 in Federal funding. The SAM number may be
obtained by visiting the SAM web-site at: https1/www.sam.gov
2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique
nine-character number that allows the Federal government to track the distribution of federal money.
The DUNS number may be requested free of charge for all businesses and entities required to do so
by visiting the Dun & Bradstreet(D&B)on-line registration website http.iifedgov.dnb.com? ebform;
.,n_,
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anu
3_ Report the total compensation and names of its top five(5)executives to the State if:
i_ I'dore than 800/6 of annual gross revenues are from the Federal government, and those revenues
are greater than $25_BBO,BBG; and
ii_ The compensation information is not already available through reporting to the U_B_ Securities and
Exchange Commission_
ARTICLE 28. SINGLE AUDIT REPORT
A. The parties shall comply with the requirements of the Single Audit Act of 1984, P_L_ 98-502,
Ensuring that the single audit report includes the coverage stipulated in 2 CFR Part 2B0_
B_ If threshold expenditures of 975B4O0G or more are met during the ubgrantee's fiscal year;the
ubgrantee must submit a Single Audit Report and Management Letter (if applicable)to TxDOT's
Audit Office, 125 East 11th Street,Austin, TX 78701 or contact TxDOT's Audit Office at
singleauditsa.tdot_gov
C_ If expenditures are less than 176G,GGG during the ubgrantee's fiscal year,the Subgrantee must
submit a statement to TxDOT's Audit Office as follows: "We did not meet the 751000 expenditure
threshold and therefore. are not required to have a single audit performed for FY "
D_ For each year the project remains open for federal funding expenditures,the Bubgrantee will be
responsible for filing a report or statement as described above. The required annual filing shall
extend throughout the life of the agreement. unless otherwise amended or the project has been
formally closed out and no charges have been incurred within the current fiscal year.
ARTICLE 29. BUY AMERICA ACT(applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement(23 U_ _C. 313)
when purchasing items using Federal funds_ Buy America requires a State, or subrecipient_to
purchase with Federal funds only steel, iron and manufactured products produced in the United
States, unless the Secretary of Transportation determines that such domestically produced items
would be inconsistent with the public interest, that such materials are not reasonably available and of
a satisfactory quality; or that inclusion of domestic materials will increase the cost of the overall
project contract by more than 25 percent. In order to use Federal funds to purchase foreign
produced items;the State must submit a waiver request that provides an adequate basis and
justification for approval by the Secretary of Transportation_
ARTICLE 30. RESTRICTION ON STATE LOBBYING (applies to subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or
influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal
pending before any State or local legislative body_ Such activities include both direct and indirect
(e_g_, "grassroots") lobbying activities, with one exception_ This does not preclude a State official
whose salary is supported with NHTSA funds from engaging in direct communications with State or
local legislative officials, in accordance with customary State practice_ even if such communications
urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal_
ARTICLE 31. NONGOVERNMENTAL ENTITY'S PUBLIC INFORMATION
(This article applies oaly to noa-profit entities.)
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The Subgrantee is required to make any information created or exchanged with the Department
pursuant to this Grant Agreement and not otherwise excepted from disclosure under the Texas
Public Information Act, available in a format that is accessible by the public at no additional charge to
the Department. [ B-1368, 83rd Texas Legislature, Regular Session, Effective 911/13]
ARTICLE 32. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE
(applies to subrecipients as well as States)
The State and each subrecipient will not use 23 U_S.C. Chapter 4 grant funds for programs to check
helmet usage or to create checkpoints that specifically target motorcyclists.
ARTICLE 33. INTERNAL ETHICS AND COMPLIANCE PROGRAM
ubgrantee shall comply with Title 43 Texas Administrative Code§25_906(b). Bubgrantee certifies it
has adopted an internal ethics and compliance program that satisfies the requirements of Title 43
Texas Administrative Code§10_51 (relating to Internal Ethics and Compliance Frogram)_ Subgrantee
shall enforce compliance with that program_
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RESPONSIBILITIES OF THE 3UBGRANTEE
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-
6- Submit all required reports to the Department(TxDOT)fully completed with the most current
information, and within the required times, as defined in Article 3 and Article 7 of the General
Terms and Conditions of this Grant Agreement- This includes reporting to the Department an
progress, achievements, and problems in monthly Performance Reports and attaching
necessary source documentation to support all costs claimed in Requests for Reimbursement
(RFR)-
C-Attend grant related training as requested by the Department
D-Attend meetings according to the following:
1. The Department will arrange for meetings with the Subgrantee to present status of activities
and to discuss problems and the schedule for grant related activities-
2- The project director or other appropriate qualified persons will be available to represent the
ubgrantee at meetings requested by the Department_
E- Support grant enforcement efforts with public information and education (PI&E) activities-
Salaries being claimed for PAE activities must be included in the budget.
F- 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 satisfythis requirement--
G- Maintain verification that all expenses, including wages or salaries,for which reimbursement
is requested: is for work exclusively related to this project_
H- 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-
I_ Ensure that each off icerworking an the STEP project will complete an officer's daily activity
report form- The form should include at a minimum: name, date, badge or identification
number, type of grant worked, Enforcement Zone identifier, mileage (including starting and
ending mileage), hours worked.type of warning or citation issued or arrest made, officer and
supervisor signatures.
J- All STEP agencies must provide the following provision in all daily activity reportforms:
"I understand that this information is being submitted to support a claim against a federally-
funded grant program. False statements an this form may be prosecutable under 18 U C
1001-This information an this farm is true, correct- and complete to the best of my knowledge
and abilitv-"
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The above language should be added to the activity reports immediately above the signature
lines of the officer and supervisor_
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_ 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_
10 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_
N_ Officers working DWI enforcement must be trained in the National Highway Traffic Safety
Admini strati on/Internatianal Association of Chiefs of Police Standardized Field Sabrietv
Testing ( F T). 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 DW enforcement must be F Ttrained_
C_The Subgrantee should have a procedure in place far contacting and using drug recognition
experts (DREs)when necessary_
P_The Subgrantee is encouraged to use the DWI On-line Reporting System available through
the Buckle Up Texas Web site at ,5nArov.buckleuptexas_com_
Revised: 11 07+' 017
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RESPONSIBILITIES OF THE DEPARTMENT
A_ Monitor the ubgrantee's compliance with the performance obligations and fiscal
requirements of this Grant Agreement using appropriate and necessary monitoring and
inspections, including but not limited to:
1_ review of periodic reports
2_ physical inspection of project records and supporting documentation
3. telephone conversations
4_ e-mails and letters
F_ quarterly review meetings
6_ eCrants
B_ Provide program management and technical assistance.
C. Attend appropriate meetings-
D. Reimburse the Subgrantee for all eligible casts as defined in the project budget_ Requests
for Reimbursement will be processed up to the maximum amount payable as indicated in
the project budget_
F_ Perform an administrative review of the project at the close of the grant period to:
1_ Ascertain whether or not the project objectives were met
2_ Review project accomplishments (performance measures completed,targets achieved)
3_ Account for any approved Program Income earned and expended
4_ Identify exemplary performance or best practices
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GOALS AND STRATEGIES
Goal: To increase effective enforcement and adjudication of traffic safety-related laws
to reduce crashes, fatalities, and injuries_
Strategies: Increase and sustain high visibility enforcement of traffic safety-related laws.
Increase public education and information campaigns regarding enforcement
activities_
Goal: To reduce the number of alcohol impaired and driving under the influence of
alcohol and other drug-related crashes, injuries, and fatalities_
Strategy: Increase and sustain high visibility enforcement of UNI laws_
Goal: To increase occupant restraint use in all passenger vehicles and trucks_
Strategy: Increase and sustain high visibility enforcement of occupant protection laws.
Goal: To reduce the number of speed-related crashes, injuries, and fatalities_
Strategy: Increase and sustain high visibility,enforcement of speed-related laws_
Goal: To reduce intersection-related motor vehicle crashes, injuries, and fatalities.
Strategy: Increase and sustain high visibility enforcement of Intersection Traffic Control
(ITC)laws_
Goal: To reduce Distracted Driving motor vehicle crashes, injuries_ and fatalities.
Strategies: Increase and sustain high visibility,enforcement of state and local ordinances on
celluar and teting devices_
Increase public information and education an Distracted Driving related traffic
issues.
iX I agree to the above goals and strategies.
2021-Fortworth-S-1 YG-00036 Printed On: 8/20/2020 Page 23 of 34
City of Fort Worth Police Department
STEP Comprehensive 2021
BA FLM INFORNLMON
Baseline Definition: A number sensing as a foundation for subgrantees to measure pre-grant traffic
enforcement acti6ty. Baseline information must be pro6ded by the subgrantee in order to identify local
traffic enforcement related acti,�7ty. This information should exclude and acti�� generated v�ith STEP grant
dollars. Once the baseline is established,these figures.i&il be used to compare subsequent -ear's local and
grant traffic enforcement acth ity_
N ote:Baseline data used must be no older than 2017-
Baseline Year{12 months) From I G/1/2018 To 913 012 019
Baseline Measure Arrests/Citations Written Warnings KA Crashes
Drning Under Influence iT)Ul) 924 0 52
Speed 12474 250 32
Safety Belt 1149 10 56
Child Safety Seat 421 5
Intersection Traffic Control 2978 75 180
(ITC)
Distracted Drh,=ng Citations 0 0 0
Other Elements 4646 200 195
If Y-ou have additional attachments: prmide them on the "Attachments" page.
2021-Fortworth-S-1 YG-00036 Printed On: 8/20/2020 Page 24 of 34
City of Fort Worth Police Department
STEP Comprehensive 2021
IxA, -ENFORCE NJ E'ti T OBJE C TINT/PERFORNLAINCE NJ E ASURF
Objective;Performance _Measure Target Number =tint Applicable
Reduce the number of Dri-Yng L nder Influence (DUI)
crashes to `~
Reduce the number of Speed-related crashes to 32
Reduce the number of Safety Belt-related crashes to 55
Reduce the number of Child Safety Seat-related crashes to x
Reduce the number of ITC-related crashes to 200
Reduce the number of Distracted Drhing-related crashes to x
-umber of Enforcement Hours 2885
Note:-othing in this agreement shall be interpreted as a requirement, formal or informal,that
a peace officer issue a specified or predetermined number of citations in pursuance of the
Subgrantee's obligations hereunder. Department and Subgrantee acl nGwledge that Texas
Transportation Code Section 720.002 prohibits using traffic-offense quotas and agree that
nothing in this Agreement is establishing an illegal quota.
In addition to the STEP enforcement acti-6ties,the subgrautee must maintain baseline non-
STEP funded citation and arrest actitzty due to the prohibition of supplanting.
2021-Fortworth-S-1 YG-00036 Printed On: 8/20/2020 Page 25 of 34
City of Fort Worth Police Department
STEP Comprehensive 2021
PI&E OBJECTIVE/PERFORMANCE MEASURE
Objectives/Performance Measure Target
Number
Support Grant efforts with a public information and education (PI E)
program
a- Conduct presentations 5
b- Conduct media exposures (e-g- news conferences, news releases, and F
interviews)
c- Conduct community events (e-g- health fairs, booths) 2
2021-Fortworth-S-1 YG-00036 Printed On: 8/20/2020 Page 26 of 34
City of Fort Worth Police Department
STEP Comprehensive 2021
OPERATIONAL PL_�N�T
Zone name
• CFW 1-Central-DT-7th
East- 1700 blk N.-'N.-'S Freeway(I-30W @ mix-master NB to Hivy 121
Forth- 1400 Blk E. Bellmap St. - 900 W. Be11map St. {I-35W Westbound for
Henderson}. SB on Henderson to 7th St. continue Westbound to 5500 blk- Camp Bonze
Lone West: 5600 blk Camp Bowse 5600 bIk I-34-West Frwy
Location : Souf - 5600 blk I-34f'West Fiwy - 900 blk East Fr-�wy Camp Bol,ie Eastbound to I-30
-g I-351V mix-master
Zone Hours :
Zone Heat
Map : httpsI ww%v_dot_state_tx_us apps'egrants'_LUpload'944511_337651_1-CFWI-Central-
( DT-W7th-Con
2021-Fortworth-S-1 YG-00036 Printed On: 8/20/2020 Page 27 of 34
City of Fort Worth Police Department
STEP Comprehensive 2021
OPERATIONAL PLAIN-
Zone
dame : CFIX'2- East Freeway,
North:I-30 800 blk to 4200 blk (1-35W east to Oakland)
East: 1200 Oakland Eh-d to 1400 Miller Ave(I-30 south to E Rosedale St)
Zane Lncatinn : South=E Rosedale St 800 blk to 4200 blk (I-35 'east to-N-Mer.'Oakland)
West:I-35 ' 100 blk to 1200 blk 'icker-Y Eh-d to E Rosedale St
Zone Hours :
Zone Heat flap : https-_',-www_dot-state_th_us:'apps.'egrants?_T ploa&944513_337651_1-CFI''2-
(attach) EastFnvy-Completc_pdf
2021-Fortworth-S-1 YG-00036 Printed On: 8/20/2020 Page 28 of 34
City of Fort Worth Police Department
STEP Comprehensive 2021
OPERATIONAL PL_XN
Zone Name : CFIV'4 - S Fnvy - Inner Loop
North: 700 blk E Bern- - 1600 blk E Eerie 0-351 'Eastbound to S Riverside Dr
East: 3 000blk Riverside Dr - 4900 Old--Mansfield Hv,-�, (Riverside S outhbound to
Zone Location : Campus)
South 700 blk SIN'Loop 920 - 2400 blk- SE Loop 820(I-351V Eastbound to Campus)
We st: 3200 blk I-35W-.'S Fnvv- 5900 b1k I-35NV''A Fn-v E$err-v Southbound to I-
20
Zone Hours :
Zone Heat https_ wv,-w-dot-state-tx-us•`apps•`egrants•`_Lpload'9 520_337651_I-CF)N'4-SFnvy-
Map : (attach) ErmerLoop-Complete-pdf
2021-Fortworth-S-1 YG-00036 Printed On: 8/20/2020 Page 29 of 34
City of Fort Worth Police Department
STEP Comprehensive 2021
OPERATIONAL PL.
Zone Name : CFW- 5 - S Fri - Outer Loop
Nord-2000 blk Altamesa- 100 blk E Altamesa Crowley Rd Eastbound to I-35I "S
Fr i.Northbound SR)
East: 6300 blk S Frw-�, - 9700 S Fr-wy (Altamesa Southbound to Risinger)
Zone Location : South 2000 blk W- Risinger- 100 blk E Risinger (Crowley Rd Eastbound to I-35��''S
Fr Northbound SR
West:6300 blk Crowley Rd - 9700 blk Crowley Rd (Altamesa Southbound to
Risinger)
Zone Hours -
Zone Heat https-_''vww_dot_state_tx_us,apes.egrants. upload'944526_337651_1-CF '5-SFr�-�,-
Map : (attach) OuterLoop-Complete_pdf
2021-Fortworth-S-1 YG-00036 Printed On: 8/20/2020 Page 30 of 34
City of Fort Worth Police Department
STEP Comprehensive 2021
0PER--kTI0-N- iL PL.
Zone Name : Entitled
Zone Location : Untitled
Zone Hours :
Zone Heat Map : https: :w�sv-dot-state-bk-us`appsfegrants.'_L;pload•'944537_337651-
(attach) j-,ntitled-pdf
2021-Fortworth-S-1 YG-00036 Printed On: 8/20/2020 Page 31 of 34
City of Fort Worth Police Department
STEP Comprehensive 2021
0PERATI0NAL PL<XN
Zone Name : CFW 7 - W Fn�,y
Comprehensive STEP - Zone 7
ZONE NAA +:CFW 7 - W Fnvv
ZONE LOCATION-BOUNDAIHES:
Forth 6900 blk W Fnvy- 11000 blk IV �Alta)LAese VVB to cZ Mar-y's Creek)
EAST:2600 blk Alta Mere Dr- 3500 blk E Loap 8 2 G a-34 SB to Camp B0;6e)
Zone Location : SOLT'H: 10000 blk Camp Bonze - 6900 blk Camp Bowie(Camp Bo)�ie . I-30
WS to Alta Mere)
SST: i 1000 WN Fri - 11000 Camp Bawie (At- --Mary's Creek where I-30 and
Camp BDvit meet)
ZONE HOURS:Mondav - Sunday/24 hours ZONE 7
Zone Hours :
Zone Heat flap :https:','ww .dot_state.tx_us.apps,egrant&_Upkedi94-4542_337651_2-CFW7-
(attach) TrwY-Complete_p.df
2021-Fortworth-S-1 YG-00036 Printed On: 8/20/2020 Page 32 of 34
City of Fort Worth Police Department
STEP Comprehensive 2021
OPERAT1EDN iL PLAN
Zone Name : CFI' 8 - Stockyards
North- 1600 blk N Epkl m-2500 blk NE 28th St(Jacksboro Hv{-v Eastbound to I-
351[
East 2800 blk I-35 '(NE 28tb St Southbound tG Narthside Dr)
Zone Location : Sow 1000 blk University Dr - 1900 blk Yucca Av.e Jacksboro Hwy Eastbound to
I-35 )
Vest: 1200 blk Jacksboro Hvv - 2600 blk Jacksboro Hvvy(I orthside Dr
Northbound to Ephriham)
lone Hours -
7 o n e Heat XIap :https dot-state.tx_us.'apps:2egrant& L:p1oad'944547_337651_1-CFW8-
(attach) Stock-�-ards-Camplete_pdf
2021-Fortworth-S-1 YG-00036 Printed On: 8/20/2020 Page 33 of 34
City of Fort Worth Police Department
STEP Comprehensive 2021
BUDGET SUMMARY
Budget Category F— TxT Match Total
Category I- Labor Costs
FV-N) Salaries: $149,364.26 $39,844.09 $189,208.35
[200 Fringe Benefits: $40,328.35 $11,057.30 $51,385.65
Sub-Total: $189.692.61 $60,901.39 5240,594.00
Category II -Other Direct Costs
F80� Travel: $0 $0 $0
F(�1o) Fquipment $0 $0 $0
F(-;;;)-
Supplies: $0 $0 $0
Contractual
Services: $0 $0 $0
Other
{BOO} Miscellaneous: $0 F
$0 $0
Sub-Total: � $0 F— $0 $0
Total Direct Costs: F $189.692.61 $50,901.39 $240,594.00
Category III - Indirect Costs
Indirect Cost
Rate: 113,304.85F $0 $13,304.85
Summary
FTotal Labor
Cam: $18 9.6 92.61 $ {},901.39F $240,5 94.0 0
FTotal I ai rect
Costs: F $0 $0F $0
Total Indirect
Cam: $13,304.85 $0 $13,304.85
Grand Total $202,997.46 $50,901.39 $253,998.85
Fund Sources
(Percent 79.959G 20.059G
Share: F-
Salary and cast rates will be based on the rates submitted by the Subgr3ntee in its grant application in
Egrants.
2021-Fortworth-S-1 YG-00036 Printed On: 8/20/2020 Page 34 of 34
FORT WO
DOCUMENT APPROVAL/ CORRECTION FORM
TO: Heidi Yaple
DEPT: Police Department
DATE: August 10, 2020
SUBJECT: TxDOT- FY21 STEP Comprehensive Grant
TITLE OF DOCUMENT(S)
- Texas Traffic Safety eGrants, Fiscal Year 2021—STEP Comprehensive Agreement
- Texas Traffic Safety eGrants, Fiscal Year 2021—STEP Comprehensive, Grant Application
- Contract and Grant Term Sheet- TxDOT STEP FY21
- M&C 20-0509 (approved 08/04/2020)
X APPROVED FOR SIGNATURE—The Contract documents present no legal concerns and are
approved for routing for signature.
RETURN TO DEPARTMENT—The above referenced document(s) are being returned to your
department for corrections. Please see comments below.
COMMENTS: The Grant agreement does not present any legal concerns, but does require the department to
comply with many different statutes and processes. For example, acceptance requires certain certified standard
assurances and certifications concerning various federal laws including compliance with environmental and
resource conservation requirements, flood insurance, the Uniform Relocation Assistance and Real Property
Acquisitions Act, and the Civil Rights and Hatch Act, to name a few. Please ensure that the department is in
compliance with the mentioned documentation and all other associated requirements.
By:
J .ssi . Williams, Assistant City Attorney
REQUIRED SIGNATURES ON DOCUMENT(S)
X VENDOR
X DEPARTMENT DIRECTOR
X ASSISTANT CITY ATTORNEY
X ASSISTANT CITY MANAGER
X CITY SECRETARY
X CONTRACT MANAGER
OFFICE OF THE CITY ATTORNEY
The City of Fort Worth it 200 Texas Street,Third Floor*Fort Worth,Texas 76102
817-392-7601 it Fax 817-392-8359
Texas Traffic Safety a rants
Fiscal Year 2021
Organization Name: City of Fort Worth Police Department
Legal Name: City of Fort Worth
Payee Identification Number: 17560005286018
Project Title: STEP Comprehensive
ICJ 021=Fortworth-S-1YG-00036
Period: 10/01/2020 to 09/30/2021
City of Fort Worth Police Department
STEP Comprehensive 2021
Texas Department Of Transportation - Traffic Safety
Electronic Signature Authorization Form
Thisf4m identifies the person(s)who have the authority to sign grant agreements and
amendments for the Grant ID listed at the bottom of the page.
Name Of Organization: City of Fort Worth
Proje t Title: STEP Comprehensive
MAuth orizing Authority
,The s gnatory of the Subgrantee hereby represents and warrants that shelhe is an ofFcer\of
ithe,o ganization for which shelhe has executed this agreement and that she/he has full and 1
1com fete authority to enter into the agreement on behalf of the organization.I authorize the
person(s)listed under the section"Authorized to Electronically Sign Grant Agreements and
!Ame�dments"to enter into an agreement on behalf of the organization.
! Name..
l 6
Titie.!
Y c�4v M Q Y1,a e l-
______ Signature:{ l
.......... _...,-. -.. .... . . .......
a
Date. -
�' - ado
1Und rthe authority of Ordinance or Resolution!
Num er(if applicable)
Authorized to Electronically Sign Grant Agreements and Amendments
List SubgranteeAdministrators who have complete authority to enter into an agreement on
ibehe If of the organization '
Print Name of Subgrantee Administrator in i j
TxDOT Traffic Safety eGrants ! Title
3.
! I LL
x
2021- ortworth-S-1YG-00036 Printed On: 8/5/2020 Page 1 of 1
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
,&Hdd:� . C dA&
By: Jesus J.Chapa(Sep 1,2 2012:52 CDT)
Jesus J. Chapa
Assistant City Manager
Date: Sep 1,2020
APPROVAL RECOMMENDED:
E61M,l4'wf
By:Edwin Kraus(Sep 1,202010:46 CDT)
Edwin Kraus
Chief of Police
Date: Sep 1,2020
APPROVED AS TO FORM
AND LEGALITY:
By:
Taylor Paris
Assistant City Attorney
Contract/Agreement Authorization:
M&C: _20-0509 (Ratify, Accept, Appropriation), No. 24294-08-2020 and 24295-08-2020
Ordinances
Date Approved: 08/04/2020
g4�vvnu�
p F FORT�aa
ATTEST: P�eoo 00 °9..d
�a
pro o°=°
��ti nEXA5o4p
Mary J. Kayser
City Secretary
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
HNAc YaoCs-
Heidi Yaple(Au 6,202016:10CDT) OFFICIAL RECORD
Heidi Yaple
CITY SECRETARY
Grants Specialist
FT. WORTH, TX
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 08/04/20 M&C FILE NUMBER: M&C 20-0509
LOG NAME: 35STEP-TXDOT-FY 2021
SUBJECT
Ratify Application for,and Authorize Acceptance of,if Awarded,the Texas Department of Transportation Fiscal Year 2021 Selective Traffic
Enforcement Program(STEP)Grant in an Amount Up to$253,898.85;Authorize Transfer of$50,901.39 from the Justice Asset Forfeiture Fund for
the City's Match Requirement,Authorize Execution of Related Grant Agreement,and Adopt Appropriation Ordinances(ALL COUNCIL
DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Ratify application for,and authorize acceptance of,if awarded,the Selective Traffic Enforcement Program(STEP)Grant from the Texas
Department of Transportation(TxDOT)in an amount of$253,898.85;
2.Authorize the execution of a grant agreement with TxDOT for the FY2021 STEP Grant;
3.Adopt the attached appropriation ordinance increasing appropriations in the Justice Asset Forfeiture Fund in the amount of$50,901.39 and
decrease the assigned fund balance by the same amount for the purpose of transferring to the Grants Operating Federal Fund for the City's match
requirements;and
4.Adopt the attached Appropriation Ordinance increasing receipts and appropriations in the Grants Operating Federal Fund in an amount up to
$253,898.85.
DISCUSSION:
The TxDOT STEP grants are aimed at reducing the number of vehicle crashes,injuries,and fatalities.The STEP grant will pay for the overtime
hours of the officers participating in the program.A local match of at least 20%is required.
STEP grant activities include enforcement of speed,seatbelt, DUI,and intersection traffic control laws.The total proposed direct program amount
is$253,898.85,which includes$50,901.39 in match funds. Funds will be budgeted for overtime and associated fringe benefits for an estimated
2,885 enforcement hours with an additional estimate of 100 hours for administering the grant.The grant will also fund overtime,along with
associated fringe benefits,to provide an estimated 90 hours for public information and education events.
Award of this grant will occur in Fiscal Year 2020 and receipt of funds would not occur until Fiscal Year 2021. As for the City's required match,the
Department has historically used the Justice Asset Forfeiture Fund to satisfy that requirement. Because balance exists now in the Justice Asset
Forfeiture Fund,staff recommends that the$50,901.39 be transferred from that Fund to the Grants Operating Federal Fund and appropriated
there during the current fiscal year.The Grants Operating Federal Fund is a life of project fund,the appropriated match will be carried over into the
next fiscal year.
A portion of the funds from TxDOT will be used to cover indirect costs at the Police Department's approved rate(currently 5.53%).
These grant funds will be for overtime and fringe benefits.
ALL COUNCIL DISTRICTS
A Form 1295 is not required because:This contract will be with a governmental entity,state agency or public institution of higher education:Texas
Department of Transportation
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations, receipt of the grant and adoption of
the attached Appropriation Ordinance,funds will be available in the current budget,as appropriated,of the Grants Operating Federal Fund.The
Police Department will be responsible for the collection and deposit of funds due to the City.The Police Department will be responsible for
verifying availability of funds before incurring any obligation. If awarded,the City will be paid on a reimbursement basis.
Submitted for City Manager's Office by. Jay Chapa 5804
Originating Business Unit Head: Ed Kraus 4231
Additional Information Contact: Heidi Yaple 4228