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HomeMy WebLinkAboutRES 07-400 RESOLUTION NO. 07-400 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, the City of Beaumont has been notified by the Texas Department of Transportation that it is eligible to receive funding to assist in highway safety enforcement; and, WHEREAS, the City of Beaumont recognizes that the safety and security of the motoring public is of paramount concern to the City; and WHEREAS, the City of Beaumont strives to enhance the safety of the motoring public; and, WHEREAS, grant funding through the Texas Department of Transportation would assist in enhancing the safety of the motoring public and reducing DWI Crashes which often result in loss of life or personal injury; and WHEREAS, traffic safety enforcement and encouragement of safe driving habits is a significant goal of the Beaumont Police Department; and WHEREAS, the City of Beaumont has been notified by the Texas Department of Transportation that it is eligible for federal reimbursement funding in an amount not to exceed Seventeen Thousand Dollars and Zero Cents ($17,000.00)pursuant to the projects titled"FY08 STEP - Impaired Driving Mobilization"to increase effective enforcement and adjudication of traffic safety-related laws to reduce fatal and serious injury crashes. WHEREAS,the City of Beaumont project titled"FY08 STEP - Impaired Driving Mobilization"which are Christmas/New Year's Wave 2007, Spring Break Wave 2008, Independence Day Wave 2008, and Labor Day Crackdown 2008. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager of the City of Beaumont,be, and is hereby, authorized to execute all documents necessary to accept the project "FY08 STEP - Impaired Driving Mobilization" and take such action as necessary to implement the project which occurs between December 1st 2007 and September 30th 2008, and, Accept and disburse the federal reimbursement grant funding in the amount not to exceed Seventeen Thousand Dollars and Zero Cents ($17,000.00); and, Take such other actions and execute such documents as may be necessary and appropriate to implement the purpose and objectives of the"FY08 STEP - Impaired Driving Mobilization" proj ect. ASSED BY THE CITY COUNCIL of the w Beaumont this a 14'� day of �► �YYL bQ,t" , 2007. -Ma&Becky Ames- UMO �,,�1 UJ !01 r of City of Beaumont 2008 TFJW TRAMC SAFETY PROGRAM GRANT.AGREJUdE"`1T Contract Number.5W W6019 Charge Number. 8AW1.01A5 PIN- 17460002789023 23 Project"Year. ist THE STATE OF TEXAS THE COUNTY OF TRAVIS THIS AGREEMENT IS MADE BY and between the Mate of Texas,ac brag by and through the Texas Department of Transportation;hereinafter called the Department and the, City of Bwnnau hereinafter card the Subgmatee,and becomes effective then fully executed by berth pardes.For the propose of this agreenwit,the Subgrantee is designated as a(n) LMOeal GO AUTHORITY.,Texas Transportation Code,Cbapterr 723,the Tic Safety Act of 1967,and the Highway Safety Perf nm u e Plan for the FuKW Year 2009. Pro,ect Title: STEP-Impaired Driving Mobilization Grant Period:This Grant becomes effective on 12joinoD7 or on the date of final signature of both parties,whichever is later,and a ads on 3aawsubless terminated or odunvise mod f d. Amount Eligible for Reimbursement(TxDQT): Sl?,000,00 Matcb.Amount: f Program Income Total: $17.000m 1 11/28/2007 City of Bea=oat 2008 TEE TRA C SAnTV PROGRAM GRAW AGWELNUM The signatory of the Sub re tee hereby resents and warrants that she/be is an officer of the organization for which slag has orated this sgreement and that Awhe has full sad complete authority to enw into this agreement on behalf of the organization. THE SUBGRANT"EE THE STATE OF TEXAS Executed for the Executive Dftector and City ofBea=oat Approved for the Team Transpo Wdw Commis"for the paqxwe and eft of activating and/or carrying out orders, [Legal Name of Agency] established policies or work programs approved and acrthorized by the Texas Transportation Commission By: By: (Authorized Signature] [District Eaogineer Tun DeparWient of Transportation) [Name] [N ] [Tel [`T ] Date: Date: Under the authority of Ordinance or Resolution plumber(for local government): By: (Resolution Nub] Director,Traffic OperstionsDivis on Team Dgmtment of Transportation(Net required for local project grants under Sl00,000.00) Date: TXDOT 2 11/28/2007 City of Beaumont 2008 02012" MORNATION Project Titles STSP - IDN Project De scription$ To conduct DWI Saforcement 'Wavers during holiday periods to increase DWI arrests and earned media activity as part of the statewide "Drink. Drive. Go To nail" campaign and in conjunction with the National Impaired Driving Mobilization campaign. now AMAY years has your WVanisatiom received tuadixe tog tbix Project? This will be our first year. Orgaaisaticn Addresses City of Soaumcnt Police Department 255 College Btreet Itsi'tiag Address (it dittsrect)s Project Director Contact Informations Jason Plunkett sergeant 255 collage Beaumont, TX 77701 TxDOT 3 11/28/2007 City of BOAUMMt 2008 Teas Tram Sdgq P GRANT AGREE ANT fiirL*IFXAL TERM AND COND1MNS ARTICLE 1.. COMPLIANCE E WrM IE.&WS The Su "000411Y with ad mil,state,sad local ltd erodes,orft wwaaccs,roles and regulations,and the+osrders and decrocs of my courts or administrative bodies or tribunals in any matter affecting the perfamumce of this AStcomcol,mchxlm&without luaftbo a,warlccrs`compensatim laws, minimum andmmimum salary and wage sames and refigulat o us,mexteliae itrtiatatiton Iaws and regulations,and licensing laws and rtguladow. When re qunv4 the Subgraaw slosh fimnsh the Department with sadibetwy proofofiis comps therewith.. ARTICLE L STANDARD ASSURANCES The Subgrautee hereby assures and cxrtifie s that it will comply with the mgula dome,policies,gul ' and requirements,including 49 CFR(Code of Federal Regulations),Fart 18;49 CFR,Part 19(OMEB [Office of Management and Bud#ftj Circula A-110) OMB CincuW A-87,OMB CircuW A-102;U B Circular A-21 OM Circular A-122;OMB Circular A-133;and the Traffic 4afaty Prop=Mmusil,at they:relate to the applicafion,ac+ctptance,and use of federal or state furxls fox obis project.Al,the Subgroafte assum and+certifies that A. It possesses,legal sudwity to apply for the grant;and boat a resolution, or simi1w action has bear duly or�as an�t acct of the>applieut's e�c►�b ',stab*a filing ofthe app. . srchubg sBvadersond ngs aril assumaces ctxstamed 4wek said daveft said authorizing the person identified d as the official representative of this appVant to act in connection: with the application and to provide such additional fiffbmation.as may be required. B. It and its subcoatrae tars will fly with Title VI of The Civil.Rights Act of 1964(Public Law 88- 352),as waded,sad in accordance with that Act,no person shall discrimbute on&e grounds of rear,color,am Moored „or,rcdigiort,or disability. C. It will comply with requirements of the provisions of the Uniform R,e:locat on Assistance and Reed Property Aoquisidoos Act of 1970,;as ameaded,42 USC(United States Code)t) 1 et seq.;and United Stance Department of TraosPortatim(USDOT)roplad one,"CJrri OM R410CM1600 and Resat Property Acqumitioa for Federal said FeE erMly Assisted PEOgrams,"49 CM Part 24,which wide fear fair and equitable t=tment of persons disptaced as a result of foal and federally assisted 1 D, It will comply with the provisions of the Hatch Political Activity Act,which timits the political activity ofemployee:s.(Sea:also Article 25,Lobbying Ce'rtifrcation.) E. It will comply with the federal Faun Labor Standards Act's mWimum wage and overtime requirements for employcoo Performing Beet wo& F. It will establish safeguards_to VrWnM emtploy+ees from using their positions;for a pan xoc that is or gives the appearance of being motivated by a desire for private gain for theatrtselves or off, Particularly 1hM with whore they have may,business,or other tits. G. It will give the Departrppt the am=to and the right to ermine all recork booim,papers,or docutneaft relmed,to @tea Gnat Agreement H. It will comply with all requirements imposed by the Deparunem concemitn8 special requirements of law,program requirernents,and other administrative requb tmeuts. L It r^ecogm es that many fell:and state Laws imposing envirwroaatal and jeocurce,couse rvaum requirements may apply to this Or"Agmement Some,,but not all,of the me feral laws that TXDOr 4 11128/2007 City of Beaumont 2008 may aft et the pwject iancluft the Nstional Environmental Policy Act of 1%9 as smanded,42 USC §§4321 at acct„the Clean Air Act,as amended,42 USC f J7401 at seq.and sections of 29 USC the Federal Water Pollution Control Ad,as ssu cadead,33 USC$11251 et seq.,the Rasourco Conservation and Recovery Act,as amended,42 USC J jW l et seq.;and the Coo sine Eaviranmental Response,Compensation,and Liability Act,as amended,42 USC j#M1 eat seq. The Sul*rmee alsoxecopiza that the U.S.Evironmeatal Protection Agency,UM M,andodw f tidal ` have ice,and in the ft>tm are expected to relation,SukWinea,standards,ordeM directives,or other requirements that may affect:this Project. Tlus„it agrees to comply,and assuras the compliance ofeach contractor and each subcontractor,with any such'fe ral requirements as the federal gav,,- raascsnt may now or in the fare promulgate. L It will coaWly with the Herod insurance purchase requirements of Section 102(a)ofthe Flood Dhader Protection Act of 1973,42 USC W l2a(4 Section 102(x)reeluirea,on aad after MXMh 2, 1975,the purchase of flood b uu smart in communities Where such insurance is available as s condition for the receipt of arty foderai financial.assistance for construction or acquisition purposes for use in any area that has been identitled by the Secretary of ft Dqwtmcnt of and Man Development as an area having qmxial food bizards.The phrase"federal f insucial amsbace includes any foam of loan,grimt,duty,insumm pad n=4 rcbstc�midi'',41sastar assistance. Loon or tom,or m form of direct or indirect feel assistance. Y. It will as"thc Department in As compliance with Section 106 ofthe Nifional Historic Prese rva�tie ss Act of 1W as smoWed(16 USC 470 et seq.),Executive Order 11595,sad the A:miquides Code of Texas(National Resources Code,Chopw 191). L. It will comply with Chapter 573 of the Texas Government Code by ensuzigg that no oar, employee,or member of Sub 's governing board or the Subgraettes's subcontrscton 4ltall vote or confirm the a mploymt t of any person related within the seoand degree of aftity or third deagre c by consanguinity to any member of the ova body or to any other officer or employee authmzed m empkyor supervise such person. This probib shall not pohibit the a mpleayment of a pact wed in Section 573.062 of Texas Government Cade. M. It will eaasur a dust all infaeaaation collected,aascmbI4 or maintained by the applicant relative to Project$hail be available to the public during normal business hers in compliance with ChWa$52 ofthe Taus t3overntnesat Cade,unless otherwise expressly provided by law. N. If applicab*it well fly with Chapter 551 of the Texas Government Code,which requires all regular,special,or adW meetings of gavenunerttal bodies to be option to dw public,e"xccpt as otherwise provided by law or specifically p+ernutted in the Teas C ARTICLE 3. COMPENSATION A. Then method ofpsyment for this Agmement Will be based on actual coasts incunvilup to and not to exceed the limits specified in the Project Budged. The amt ftwluded in the Prctjeact Radio will be deemed to be sn estimate only and a higbor amount can be nbabursed,sutied,to the conditions; specified ire pa grWh B lta tinder. If the Pry#Budgedt ' ibat+costa are bwad an a c rate,per-unit cost,or other method of poyment,reimburses will be based on the specified B. All payments will be erode in accordance with the Project Budget. The Subgaraute c's expenditures may anrerraan a budged category(1,I1,or l)in dw appsuved Project Budget withmtt a grant(bud&d)amendment,as long as the overrun dace not mod a tots of eve(5) percentperyearofftmotimum eligible for reitrbussemett CrxDO ';)in 1k aftcbed Project Budd for the cwt fiscal you.This overrun must be off-odt by an equivateant underrun elsewhere is the Project Budget, T=OT 5 11/28/2007 City of Beatum©et 2008 If the orearim is five(5)percent or less,the Subgmto retest provide writtoo,40fificatift to the Depafrdne nt,through the TxD0T Electronic Grants Managemem System( )messoging ayste m, prier to the Rages for Rsninesrse eraaat being approved, The sa must a amounk the percent over,and the Vocific ressou(s)far the overrun. Any overrun ofmore than&*(5)pelt of the amount eligible far reimbursement(TxWT)in the attached Project Budget requires an amendment ant of this Cheat Agreement. The maxintum amount eligible for ramburseoxmt shall not be incroand above the OM24 TOW TxDOT Amount its the approved Project Budget,unless this Grant Agrees:is amended,as described in Art cl City of Beaumont 2008 ARTICLE 4. LIMITATION OF LIABILITY Payment ofcow mcnned hereunder is coadogeatuponthe avaitabitity of AoJ& If at any tines d nng this Grant Period,the Dept detarmtares"there is brufftcire0t fmdiag to=M*m the doe Department shall ago notify the Subpantm giving notice of Wkwit to grits thk Win,as specified in Article I I of this Agreement. If at the end of a kderd gal year,the that there is sufficient fimd4 and performance to continue the project,the Depart aft t may so notify the Subgrantee to continue this agmement. ARTICLE I AMMMMFNTS Thin A may be mwxUd prier to its upwAm by wAud w*m mart of both proaa, ut k=g the Grant Agreement Amendment ent in Wraats. Any amendment must be exec by the patties within the Grant Period,an speoffled in this Grant Agreement, ARTICLE 6. ADDITIONAI.WORK AND CHANGES IN WORK. If the Sit ee is of the oapkio n that air usiped work is beyond the scope o(obis ASmomemt end constitutes additional work,the Subgramrtee shall pmmpdy notify the Department in writho through eC radts systein messaging. If the Department finds that such wait does coneftite additional wtsrk,the Department shall to advise the Subgmtat and a written amendment to this Agreenud will be executed according to Articles 5,Aso to provide compensation for doing weak on the saw beak as the origi W irk. If perliamoasm of the addidwat wick will cause the xwxt payable to be exceeded,the work wig not be parAwtued bed a written grant amendment is execukA If the Subgrxtw has submitted work in acconlance with the tam of this ASrement high the Department, requests comes to the completed work or pasts thereof which involve changes to the adg nal scope of services or chaiacter of work wder this Agreement,the Subg=ntce shall make sash rovisions as requested and directed by the Dqpartmeat. This will be considered as addition A walk and will be paid for as specified its this.Article. If the Subgrantee submits work that does not comply with the tam of this Agreenwo,the Dq arU=t shhall instruct the Subgrantee to make such revisions as an necessary to bring then work into compliance with this Agroment. No additional compensation shalt be paid for this work. The'Sub ehsaU make revis ws to the work suthonzed,in this Agreement,which are necessary to correct ernais or omission anaving thy,whom required to do so by the Deparbacat No additional compensation sbaff be paid fat this wedL The Department ehstl not be responsible for actions by the Subgrauft or any costs incuired by the Subgrantee relating to additional work not directly associated with or prior to the execution of an amendmeaL ARTICLE 7. REPORTING AND MONITORING Not later than diir ty(30)days aft the end of each tapmftg period,the Subpent ee s a perfiemance report thoough e0vas. For short-tenn projects,mtly one report submitted by the Subsmutce,at the end of the project may be rid. For lounger ptojecta,the Sogiagm will vomit reports at keg quarterly and preftrably monthly. The frequatscy of the pofmu nc e repoits is estettlisbie thimsh negotiation between the Subwantee and the program or project manager. For Selecti"Thific Snta?xmeot Pregignia(STEP9a),psnfonnancg pmts mnmtbe submitted mom+.. The per imamae rgwd will Wcludiq,as a;m kim m.(1)a comparison of actual to the objectives established,for the P=4(2)masoms why,established objectiva and pestonance,measures were not met,if a roparist+e,marl(3)other pertinvA informadon,including,when Mwopriate,an aanebmis and explanation of cost:ntderrims,ov,=tms,or high unit coasts. TXDOT 7 11/29/2007 city of Heaumvnt 2000 The Subgra ntee shall submit tie Final PerAmence Report through at>0raots within thirty(30)days after completion ofthe put The Subgraaat a Promptly advise the Department is ` ` 110UO COMM meaaaagingf of events that will have a significant unpoct upon this Agreement,inicludi»g A. Problems,delays,or adverse conditions,including a eha a of project d twW or sir changes in Subgra ntee del,that will materially affect the ability to attain objectives ti and peibimanax measures,prevent the meeting of time sdudules and objectives,or prochide the Attainment of project objectives at performance measures by the establiabed time pawd& This docloeaue OW be accompanied by a ststement of1he action tskm or coaftoWlsted and any Department or fideral assistance needed to resolve the '. ` H. Favor"dmkpnmu or events tthst ensWe Ming time schedules and objectives sooaa+er than MUMPOWd or aa;h%eving greater perfivmium measure output than oriBiva4Y pqcctW- ARTICLE it. RECORDS The Subgraa ue sp es to maintain all nVosts,documie sts,papers,wcounting=cords,boobs,and other evidence pew to costs incurred and work performed hereunder,(wafter called the reconisb ad WWI make such records evailadale at its office fix the time period authorized within the Chant PeriiO4 as specified in this Chart Agreement The Subs ftuthet agrees to retain said records for four(4)years from the date of final payment undear this Agreement,until completion of all omits,or until pending htegation has bow coanplcter y and Aft resobveal,whichever occurs lot holy authorized representatives of tie Department.the U TO't`,the Office of die Wqxcw Texas State Audttor,and the Cotuttp;troller Genend shall have access to the record& This rightofacotnss is not limited to the fear(4)year period but ahaadl Isst as kq#asi'the records are retained. ARTICLE 9. INDEMNIFICATION To the extent permitted by law,the Subgrofte,if otber than a government cutity,shrill fiximunity.ha d, and save harmless the Department and its of icers and employees ft m,all claims and pity due to the acts our omissions of the Subgreatee,its agents,or employees. The Subgrantee also"s,to the extent permitted by law,to, 'fy.hold,and save harmless the Dopartmat ftem any and all ieschftg but not limited to s omey fees,all court costs and awards for&nops kouredby die Department in litigation or othierwiscmisting such elms or liabilities as a result of array w*vities of the Subgrentee,its or employees. Further,to the axctt permitted by law,the Su tae,if odw than govt earthy,agrees to protect,indemnify,and save harmless the Department from and sgamst alt claims,demands,and causes of action of every kind and 4uneter brougbt by any employee of the SubStwitse sgabaat the Department due to pavoual injuries or death to such employee resulting from any alleged negligent sell,by eidw commission our omission on the part of the Subgrantee, If the 5ubgrantee is a government entity,both parties to this Agreement ague that aao party is an agent, or empk7a of the othm party and each party agrees it is responsible lb r its uRviduel acts and deeds,aia well as the acts and deeds of its contractors,employees,repn*entaartives,and ag arts. ARTICLE 10. DISPUTES ARID REMEDIES This Agreeraft superoW a any M oral orwMmaoregmentL Ifacouffidarimbehmendus Agent and do Trafft Safety Program Manwil,this Agreement shell govern, Ile Subgrantea slash be Visible for the settlement of all contractual and administrative issues wising out of procurement made by the Subgrantee in support of Agreameit work. TXDOT 8 11128!2007 City of Beeunont: 2008 Dispum concamg perform or pays be su1MWW to the Depatrneaa for sestleme m,with the 1"sxccutive lire W or his or bear designee acting as final refs . ARTICLE 11. T cPjwa IxATIQN This ASmement shall remain in effixt until the Subgraua w has safishoonly completed all swvim and cftati+ons descriW ham and those have been accepted by the Departmeatt,unless: • 'Thin AVeement is tea aWood in writing with the mutual cotasent of both parties;or • T1wre is a wtiften thirty(30)day notice,by either perW,or • The,Depatuaeatt detennines that the per o f tha projwt is suet in*o bent interest of the, Department and Worms the Subgruetce that the proje d is terminated immediately. The Depattment shall co mpensw+e the Subgtaatei for only those eligible upmm mcwTed duting the Oxant Pe nod specified in this Ono Apeement Bch are dhectly aWbAsW to the complow portion of the work covered by this Agrvement prvided that the wak lug beam conot d in a mamm sads(Wtoiy and w ceptable to the I,7epwtoacuL T'he SvbSrw shall not incur am be rc tbmud*r any new obhgatim after the efttive date of termination. ARTICLE 12. INSPZCTION OF WORK The Department and,when federal finds are involved,the ITS IO!T',or any authorized.representative thereof have the right.at all remonable to fimped or odwwiw ovduate,the wak or being perf+'armed hatunder and the pemises in which it is being pe,dxwed. If my Wsp:lion or evoluadon is made on the promises ofthe SWWa ntee or its subcontractor,the bgronte a e3>all provide earl requite its subcontrador to provide all zessonable facilities sad usistance for the safety and convenience x ofthe inspoet(n in the performance of t'aeir duties. All inspectiaaas vW evaluations shall be performed.in such a manor as will not unduly delay the work. ARnax . Aiipll'I' The Subgmotm shall fly with the rex a rementts of ft Single Audit Actof 1984,Public Law(PL)W 502,ensuriag*4 the single audit report includes the coverage stipulated in OMB Circular A-2 33, "Audits of States,Local al.Go ts,sad Other Non-Profit Urgmuizatiow." Tht state auditor may coat an audit or invesfigation of any eaa dy reea vm$fiumds fronn tiles state directly under dim Ag eeno t tar ind roody through a maw under than AgmancoL Awq*mw of fim&dhvo,Ear smdex this AWmamW or kdrwdy dnuo a subs oubaet underthis Aamemat aft as aced of the authority of the Stale Auditor,under the direction of the legiselad"audit commiftei to conduct an auditor investigation in connection with thow fu Ws. ARTICLE 14, SUBCONTRACTS The Subgmatee shalt amt eater into any subcontract with individuals or erg abutions not a part ofdw Subgrautee's orgatu ation without prior written cow rrence,ftvugh earants system meugpng,with doe subcontract by this mat. Subcontracts shall contem all nti rod provisions of this Agreement. No rAcontract will rrdi{eve the Subgrantee of its reapiousibitity under this Apvema st. ARTICLE 43. GRATUITIES Tan Trauvoataetion Commission policy dw emplayea of the Degmbaft aibrdl awe accept any be,8A or fear from wW person with or who,reawnalaly W=bn&may do business with the Department under this Agreement. The only exceptions allowed arc ordimy lunches and item that have T%viv+ed the advanced written approval of the Uepulment's Executive Director. TXDOr 9 11/28/2007 City Of Beavaaont 2008 Any person doing business with or who reasonably speaking may do business with the Department under this Agreement may not make any off r of'benefits.Oft or hvors to Department eavloyses,owept as meatkaed Jim abo". Fail=on the part ofthe Subgrantee to si%=to this policy may result in terminadon of this Agrocraczat. ARTICLE 16 NONCOL LUSION The Subgreatca warrants that it has not employed or retaiaiod any company or pone,other than s bow fide employee wearing solely for the Subgraaantee,to solicit or secure this Agreement,and that it has not paid or agreed m pay any company or parson,other than a bona fade employee,stay ire„commission, pe mentaage„brokerage lee,&A or any oedw consieerstioaa corrUnSeat Won or multinS from the award or malung of this Agreement. if the Subgr imtee brmb n or violstes this wanuoy,the Dee have the tight to antial dis Agmemwt wAout liability or,in its discxbot6 to dedwt torn dw sera poke or conskieration,or otherwise recur the full amount of saeh feo,commission,brokerage foe, contingent fee,or gift. ARTICLE 1 7. CONFLLCT OF INTEREST T The Subgrautee represents that it or its a vVltalreeea have no conflict of interest Ott would in my way interfere with its or its employees'perfmmme or which in any way conflift with the interests of the Deportment The Subgraateae shall exercise reasonable care aaad diligence to pin any seiriow or conditions that could result in a conflict with the Department's interests. AR'T'ICLE 19. SUBGRANTEE'S;RESOURCES The Subgrantee certifies thrladt it pare'has adequate qualificid parsound in to prop to perform the work required under this Agmaieut,or will be able to obtain such personnel from sources other than the Department. Alt emptoyces 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 whoa,in the opinion of dw Dcparmwi4 is'inco ripete t or whose canduet becomes detrimental to the wodr,s'hsatd inrmr Addy be removed from association with the project. Unless othaarwiae speaifia4 the Subgraantee shall furnish all equipmemaat,materials,supplies,and odor resources required to puf m.the ARTICLE 19. PROCUREMENT AND PROPERTY MANAGEMENT The Subgrantog gall establish and admmisw a system to procure,control,proUxi,preserve,u ca main,and dispose of any property famished to it by the Department or purcbased pavant to this Agreement in accords=with its own property management procedures,prod t the procedures res are not m comet sounds dw Departmews property manages procedures or property menivement*and=* and Viral shodank its aappropariam„in. + 49 CM Put IS,wUniforaan Administrative Requirements for Grants and Coopeaative Agreemento to State and Local Governments.-,"or • 49 CFP,Put 19(OND Circular A-I1 ),'"UUa foam Administrative Requirmumb for Orarria ad Agreements with bmthrtions of Higher Education,Hospitals,and Other Ncastprofit 019311iaat ono" ARTICLE 20. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY Upon completion or termination of this Brant Agreement,whether for can as at the convrmieaatce of the parties be eto,all fin dear unfinished documents,ciao,anudie;s,rzveya,rezpor n aapea, models,photograpbAa etc,prgwrcd'by the Subgrauiee,and equipment and supplies poach ned with gram xatDM 10 11/20/2007 City of Hea=ont �yv funds shall,at the option of the inlet,beconne the property of the Department All skddm, phowpVl s,calculations,and other data ptrep"under this Agreement shall be made ava l",upon requeart,to the Department without restriction or limitation of thm further use A. Intellectual property consists oforapyrig nts,patents,and say other form of'kWkctW POPOrty rights covering any data bow,sofrwat+e,inventions,train4 the aaals systems dew or otherVmpriolaty ichrmatiou in any or medium B. .411 riglras to D,gpesra " The Department,shall,own all of the rigs(inchuling oopy r0u,copyright apphcadw4 coMight maowsts,and copyright exteasioas� title and ustereft to ad to all draft and other inf nma on developed under this coa moct and versions thawf unim odiam se agreed to in writing that tyre will be joint ownership. C. All rigs to S e e- Classes and dais initially developed by the Sub3mon widiout say type of f tiding or resource assistance from the Department remain the SubgratroWs intellectual property. For theme clauses and materials,the Department payment is limited to payment for anendance at climes. ARTICLE 21. SUCC1 SWU AND ASSIGNS The Deputmast and the Subgradea each bwds W4 its succemoss,exacumm assOW and administrators to the other parity to this Agreement and to the successors,executurs,sssigrts,and admimsfttocs of such other party in reaped to all covenants of dais Agreem=L The Subgrantee shall not assign,sublet,or#analor interost and obliged=its this Agreement without wig consent of Department: 'rug. ARTICLE 22. CIVIL RIGIITSCOMPLL+tNCE A. Compliance with regulations:The Snubgrantee shall comply with the regulations relative to nondiscrimination in federally-assisted program of USDOT:49 CFR,Part 21;23 CM Subehapter C;,and 41 CFR,Farts 60-74,as they may be amended paWio&ly(bgreinafter rr f=W to as the Regulations). The Sub grantee,ads to comply with Executive Wer 11246,mad"Equal ymout Op'lorturtih'."as smituded by Execofive Order 11375 and as vqnAmented by the U.S. DVartment of Labor regulations(41 CFR,Part 60 B. l+toadi i stun:The Subgrentee,with regard to the wank perfinmed during,the perW of" A shell not t disormai hate on the grounds of race,color,sex,national of rig,age,roligim or disability in the selection and retention of subcontractors,including procurmonts of mauls and leases ofoquipmonL C. Solicitatims for subcontracts,including procurement ofmssexials and mint in all xackations either by competitive bidding or negotiation made by the Subgrantee for worlirto be performed under a su including procurements of materials and leases of equipmeweach potential subcontractor or supplier shall be notafatad by the Subgtantee of the Sub's obligations under this Agreement and the regulations relative to nondiscrimination on the grounds ofrem,color,sex, national oriin,sort:„refition.or disahilityy. D. Information and reports:The Subgrantaes shall provide all infwticsn and reports required by the regulatjoes,at directives issued pursuant thereto,and shall permit at owns to its books,;reds, accounts,others sources of Wfonnation,and its hedities as may d+ tined by the D!epwuna t or the USDOT to be portment to ascortam,compliance with such regulatiam err dare bves.When any information required of tine Subgra olm is in the exclusive possessiou of enter who h9s or refuses to furnish this in&madon,the Subgri ntee sbsil so cortify to the Department our Ow US Dar, whichever is appropriate,and shall set forth what efforts the Subgrantee has made to obtain the requested won. TxDAT 11 11128/2007 city of Beaumont 2000 E. Sanctions ftor noncompliatx+e:lathe event of the SubgraftWs n4ncotnplisa with tit noodisesisrnixutian won of this Agreement,the Depsatment slug impose stuck sanctions as it or the US WT may damn nine,to be appr op"te. F. hmarpctat on of provisions:The Subgrantee,sbal include the provisions of pon"ha A.through E. in every wAvooftet.itrchading pmaccments of materials mad team ofequVaeak unless WAMP by the regulations or direcdvot,The SW mdw stall take such action with nVed*say=beooeaGtmttt or prod as the Dent may direct as a means ofeafmcing such rwAsions,inhaled sanctions for noncompliance. Howevar,in the event a Subgrantee becomes involved in,or is threatened with hdvAw with a subcontractor or mmuer as a result of such 4irwtioa,the Subva ntee may rujuest the Department to enter moo liti pbon to protect the kurests of the artd in addition, the Subgrautce may roquest the United States to enter into such litigation to protect tic irdaeoft of the United States. ARTICLE 23. DISADVANTAGED BUSMESS ENTERPUSE It is the policy of the Departroat and the USDOT"that Disa&wbged Business Eaterprises,as defined in 49 CFR P 26,shall bavt the Oppeatimity to pwficipW in the pwbmmnft of WWOMM&=CW in whole or m part with Wenl kuds. Ctatsequardy,the Disadvantaged Durinese Enterprise seq wavents of 49 CFR Fart 26,apply to this Agrectment as follows: • The Subgrantee,agrees to insure that Disadvantaged Business Eouqvises,as defined in 49 CFR Fart 24 have the opportunity to Participate in the performance of agreements and subcontracts financed in whole or in part wth federal funds.In this regard,the Subs shall make good balm efforts in accordw=with 49 CFR Part A to mom that Disadvwoagod Business Eataqmses have the amity to compete fm and paftm agreements and subcwwacts. The Subgrantee,and any subcontractor shall not&aiminslc,ou the basis of race,color,sex, national " or disability in the award and pafomm=of agreements f rude d in whole or in pact with federal Bands. Thee requirements shall be inchuied'in any subcontraict. Failure to emy at the requirements at forth above shall oonsdaft a breach of 1 Agvwnxo and,valor the notification of the Deft,may result in termination of this Agreement by the Dep wtmeat,or other such remedy as the Department deems appropriate. ARTICLE 24. DESARNMNT/SVSPZNSION A. The elm catifica,to tine beat of its knowlc*sued bdi4 that it mod its ' I. Are not presently debarred,suspended,proposed for debarnmut,declared ineligible or voluntarily excluded hom covered transactions by any federal department or agency; 2. Have not within a throe(3)yea period preceding this Agpoemeat been coavkud of or hard a civil judgment reed against th ent for commission of fisud or a criminal off am in,comoction with obtaining,, ` g to obtam.or ping a fetal,state,or bared pdffie transaction or contract under a public transacdon;violation of federal or state antitrust statutm,or won of embezzlement,threat,fogM,brit y,falsification or destruction of records,making false statements,or receiving stolen property; I Are not fitly indictod or otherwise crirnirnetlly or cavilly charged by a dal,stata,or local governmental entity with commission of any of the offeases enumerated in paragraph A 2.of this Article;and 4. Have not,w a three(3)Year period preceding this Agreement,had one or more federal,state, or local public transactions terminated for cause or default. T!DOT 12 11/'28/2007 City of Beaumont 2048 B, Whemresthe,Subip ate e,is uaasable to c cT*to any ofd a statements in"Article,such SubgMaft shall'attach an explanadw to ft went. C. ne SubSnuttee is proabibitod from making any award or pmnitting aaany a an ard at any tier to any party which is debarrad an suspended or otluxwise excluded f om or iinaeligft liar participstim in federal sestatance Pmomms under Executive Otder 12549,Debarment and Sus D. The Subgrantec shall require any party to a subs tract or purchaser wader awarded under this Grant AV=m=t to ce xt4 its eligibility to receive federal grant funds,arid,when roqueaated by the Departmeirt,to fusu m a copy of the Certification. ARTICLE 25. LIDDBYING C1lCRRTIFICATION The Substaotte catifies to the best of bis or her know and beWthat A. No federally appropristexi fiends have been,paid or will be paid by err on behalfoftbe 5ubgtantae to any pa mon farr influencing or aging to influence an officer or employee of any feral agency,a Member of Congwess,an officor or e ipkWee of C ng resa,or an employee of a Mbar of CaWw in connection with the awardiog of any federal ra l contract,the vakie of a zy fetcher grant,the me of any faderel ken,the entering into of any cooperative agreement:and the extension, `tea, rein anal„amen or modificabon of any federal conbact,grant„loan,or cooperative aygrecma►t. B. If any hurls other than federal appropriated funds have been paid or will be paid to any petsara for influencing or attensgting to ia*tie»our officer or employee of any federal agency,a Membtt of Congress,an officer or eamployce of Comers,or an employee of as Member of Compm in connection with this Wad coabut Smut,lessee,or a oopwaatiaic agreement,the pasty to thn Aveenxmt shall vomplft and submit Standard Forma-LU,"Disclos n Form so Report Labbyinig," in aecamisaca with its hNauctiove. C. The Sub#mtee slaeall roguim that the latiguage of this certification,be Waded in the awaaard. documents for all sub�at all beers(including subcontracts)end that an anal wipia ads shall ccr* and disclose wtovdingly. This certificatim is a material sepasentotion of Awt upon which reliance was pfd when this transaction was matte or enwed inter.Submission of"certificatim is as pro requisite,for malang or entering into dais trarisactkm imposed by Seeders 1352,Thle 31,U.S.Code. Any person who fads to ft'let to nquired certification shall be auadaajesct to a civil penalty of Not leans than S 10,000 said tort more en S I MOOD for each such failure. ARTICLE 26. CB I)SUPPORT STATEMENT Unless the Subpamet is a SovervmenW or raoalwo&c a tY,tho Subvufte cartWea that it cidxtw&go to the Dept's Website noted below and complete the Child Support Statement or showly has a Child Support Statement on Me with the DepartmeW. The Subgreatec is responsible hr keeping the Child Support State meant currvat and on files with that office for the duralkm of"Agroe men paced, The Suborantee furttar cordfies that the Child Support Sit on file coataaiirs the child support information for the indbriduaals or business entiti s na=d in this grant, Under Section 231006,gamily Code,the Subgrafte cis that the individual or bins entity named bat this Agreement is not ineligible to receive the specilied grant or payment aid acknowle4a that'ibis Amt may be terminated and payment may be wi teld if this certification n is inaccurate. Tle form for the Child Support Statement is available oar dwIntanet at httgllvg r.doL9KLt—L,jWsw/de figalt TXDOT 13 11/28,/2007 city of Beaumont 2000 christmiax/Mew Year's Wave Pre-Mar is Campaign December 11 - 20, 2007 Enforcement Period December 21, 1007 - January 1, 2008 Post-Media Campaign January 2 _ 11, 2005 Spring Break Piave Pro-Media Campaign February 26, 2008 - March 6, 2008 Enforcement Period March 7 - 23, 2008 Post-media Campaign March 24, 2006 - April 2, 2008 zadependeasse Day rage Pre-media Campaign June 17 - 26, 2008 Enforcement Period June 27 - 30, 2008 July 1 - 6, 2008 Post-Media Campaign July 7 -w 16, 2008 Labor Day Crackdown Pre-Media Campaign August 5 - 14, 2008 Enforcement Period August 15 - September 1, 2008 Post-Media Campaign September 2 - 11, 2008 Description of activities Pre-Media Efforts Before Conduct local media events immediately before the Enforcement Periods: enforcement effort to maximize the visibility of enforcement to the public. The media events tell the public wheat, where, how and why impaired driving lawns are being enforced. Enforcement Periods. 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. Post-Media Efforts After Conduct local media events to tell than public why Enforcement Periods: impaired driving laws are important and the results of the mobilization. TxDOT 20 11/28/2007 City of Beaumont 2008 GOALO AND STRATMILS Goals To increase effective enforcement and adjudication of traffic safety-related lams to reduce fatal and serious injury crashes 8trategiesa Increase enforcement of tra€fic safety-related laws Increase public education and information campaigns. Goals To reduce the number of DWI-related crashes, injuries, and fatalities Strat"y+ Increase enforcement of DWI lards. 0 I agree to the above goals and strategies. TXDOT 14 11/28/2007 City of Beaumont 2008 LAW MITORCMI1"y 08JXMnTX/!=W0RWJM IMUMM 1. Number and type citations/arrests to be issued under STEP a. Baer of DWI arrests to be made during the Christmas/tow Year's 8 Dw7 Operation b. Number of III arrests to be marls during the Spring Break 8 DWI Operation c. Number of DWI arrests to be made during the Independence Day 8 DWI Operation d. Number of DWI arrests to be made during the tabor Day 8 D9fI Operation 2. Total Number of Enforcement Hours for Entire Grant Period 223 Step Indicator 2.58 TxDOT 15 11/28/2007 city of Beaumont 2008' 1. Complete administrative and general grant requirements a. Number of Performance Reports to be submitted 5 b. Number of Requests for Reimbursement to be submitted 5 2. Support Grant efforts with a public information and education (PUB) program a. Conduct a minimum of one (1) presentation for each DWI 4 operation period b. Conduct a minimum of two (2) media exposures (e.g., news g conferences, news releases, and interviews) for each DWI Oblation period. c. Conduct a minimum of one (1) community event (e.g., health 1 fair, traffic safety booth) during the grant period d. Produce the following number of public information and 0 education materials if applicable. e. Distribute the following number of public information and 4000 education materials if applicable. TxDOT 16 1112812007 City of Beaumnot 2008 SALARIES AND FRINGE BENEFITS - 100 & 200 Law Snforcement Hours 223 overtime lar Time TxDOT Match wage TXDOT Match Total Hours Hours Rste Salaries salaries salaries Fringe Total PY A. SagUarewnt (O"rtim e) Off tiers t ox; 10 317.9vu, 96,765.067 $6,765-00; 16.64 } $1,125.70 sorgawits. 47.4 dfl . 16 4 % F-.71— Lieutenants I Other: 4U 391.1 $4,663.68 4, !.69 16.64 $776.04 a. PZ&X Activities torert1a0 ?� PUB Activities 10 $44.404 O.00 $4 $440. 76.64 ; $73.22 C. Aftinistsmtive Datiow Sergeant_ 24 $44.000 $880.00 88fl.Q0 16.64 t $146.43 Clerk 24 1'1.ITT 411.60 411.6a 6».64 $ $, . Administrative Duties t inistrati,ve Duties $0 fu, $4 $ $ Administrative Duties 40 # SO nistrit ve Duties $0 g0 $0 _ �C $0 SOW t $13,b30.28 $0 $18,+630.20 2 2".00 Category TXDOT Match Total Salatries. $13,630.2$ 144,0 # sol 4.40 pj $13,634.28 Fr Hanefite. , 100.0 it 0.00# $2,268.06 i Breakdown of Pr nqe percentages Social Security 1.96, Retirement 13-.29%, W*rkmans Comp, 1.458 TxDOT 17 1112812007 City of Beaumont 2008 TRAVEL AND PER DIEM: STEP ENFORCEMENT MILEAGE — 300 miles 2271.42 Cost per mile $0.405 Total 41,101.01 aat 8wresat TXvw $1,101.64 110164.00* Natch 0.00* Total 41,101..E T'XDOT 18 11/20/2007 City of Beaumont 2008 EUDWT SCARY t Ca 'tom yeah total Cst Z -- Labcvr Mato (100)salaries $13,530.28 $ $13,630.2p (200)FrIM benefits $2,269.00 + Category 22 - Oth*r Direct Costa (300)Traval $2,101.64 $1,101.64_ (9400)squipment, 0. (500)Supplies (600)0ontractual Services so - (700) Other' Miscellaneous 0 Category ZZ Mvb-Total ee Total Direct C*wter 17 000,0b 40 417,000.00 000.00 cat uT - Indizoat Costa (809)Tndire+ct Coat Rates 0 sumary Total Labor Costs $15,89e.36 $0 515 '898.36 Total Direct Costs 1 1©1.64 0 Total fad3.rect Costs 0 Grand Tot 117,000,00 Fund Sources (Percent Share) 100.DO* 0.00% 2xDOT 19 11128}2.007 city of Beaumont 2008 I= OPBRATICURL PZJUt 0 1 agree to the term and condition detailed on this page. Comments: sits Description Jurisdiction elide 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 TxOOT 20 11/28/2007