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HomeMy WebLinkAbout4-29-2004-12.04 - Resolution - 04/29/2004RESOLUTION NO. ~-29-2004-12. O~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS AUTHORIZING THE MAYOR TO SIGN A TEXAS HIGHWAY TRAFFIC SAFETY PROGRAM GRANT AGREEMENT FOR THE CLICK IT OR TICKET SELECTIVE TRAFFIC ENFORCEMENT PROGRAM WITH THE TEXAS DEPARTMENT OF TRANSPORTATION. WHERAS, the Texas Depa~huent of Transpo~ation has proposed that the City of College Station pamcipate in its Click It or Ticket Selective Traffic Enforcement Program to increase safety belt use among drivers, front seat passengers and child passengers; and WHERAS, The Chck It or Ticket Selective Traffic Enforcement Program is effective from May 1, 2004 through September 30, 2004 during which tune the Cxty of College Station shall be reimbursed for 100% of the expenses recurred to operate the program, and WHERAS, the City Councd of the Cxty of College Station believes that the citizens will benefit from the C~ty pamcipating m the Chck It or Ticket Selective Traffic Enforcement Prograra; now, therefore, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: Par~ I: That the City Council of the City of College Station, Texas hereby approves the grant contract for $8,698 for the Poi/ce Department. Part 2: That the Ctty Council of the City of College Station, Texas hereby authorizes thc Mayor lo sign the Click It or Ticket Selective Traffic Enforcement Program ~,ant agreement referred to above. Pan 3 That this resolution shall take effect immediately from and afl~cr its passage. PASSED and APPROVED this 29th day of April, 2004. Al'rEST. · ' CONNIE HOOKS, City Secretary APPROVED. M~NE l~,e~l~ ~tsyo~ Pr~ T~ APPROVED: City Attorney The City of College Station, Texas Embracin~ the Past, Exploring the Future. PO Box °'060 Office of the Mayor · II01Te~asA~.enue · CollegeStal~on. TX778.12 {0~9)7~.1=3541 FAX (~Y'~) 7~1-6377 April 29, 2004 To Whom It May Concern: As Mayor Pro Tem of the Ctty of College Station, you are hereby notified that the following employees are authorized to submit requests and reports related to the Texas Department of Transportation grant concermng the 2004 Click It or Ticket Select~ve Truffle Enforcement Program Request for reimbursement - Phdhp Gunllen, StaffAccountam Project performance report Project extenston report Administrative evaluation report - James Woodward, Police Sergeant Anne Hazen, May(~o Tern City of College Statton Home of Texas A&M Umver~stv IJome ol the George Bush ?red,dentrol Ld~rary and Museum PIN 114 characters only) 17460005345004 TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT THE STATE OF TEXAS THE COUNTY OF TRAVIS THIS AGREEMENT IS MADE BY and between the State of Texas, actmg by and through the Texas Department of Transportation, herematter called the Department, and City of Colleue Stat:on, heremafter called the Subgrantee. and becomes effective when fully executed by both parties For the purpose ofth:s agrecment, the Subgrantec is destgnated as a(n) [] State Agency [] Non-Profit Orgamzat:on [] Untt of Local Government [] Educational Instttutlon [] Other (descnbel AUTHORITY: Texas Transportatmn Code. Chapter 723. the Traffic Safety Act of 1967, and the Highway Safety Plan for the following Fiscal Yea~s) 2004 Project Title: STEP - ClOT Brief Project Description: To conduct a two week occuoant orotechon enforcement effort dunn;r Mcnnonal Dav Holiday venod Grant Period: The Grant becomes effecttve on May I. 2004, or on the date off'mai signature ofboth parties, whichever is later, and ends on Sentember 30. 2004 unless termmated or otherwise modified. Maximum Amount Eligible for Reimbursement: $8,698 The following attachments are incorporated as indicated as a part of the Grant Agreement Attachment A, Mailing Addresses Attachment B, General Terms and Conditions (TxDOT Form 1854) Attachment C. ProJect Description (TxDOT Form 2076) n Attachment D, Action Plan (TxDOT Form 1852) Attachment E. ProJect Budget (TxDOT Form 2077 or 2077=LE) [] Attachment F. Operational Plan (TxDOT Form 2109) (for Selec~ve Traffic Enforcement Program grants only) Page I of I TxDOT Form 2075 (rev 9/2.~72003) Project Title: STEP-ClOT TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT The signatory for the Subgrnntee hereby represents and warrants that she/he is an officer of the orgnnizarion for which she/he has executed this agreement and Itmt she/he has full and complete authority to enter miD th~s agreement on behalf of the orgnnizatton. At the time the signatory for the Subgrantee signs the Grant Agreement, she/he wxll sign and submit to the Departmext a letler designating signature anthonty by position title for grant-related documents other than the Grant Agreement or Grant Agreement amendments. These other grant-related documents will ~nelude, but not be hmtted to, the following' performance reports, final performance report and admunslrative evaluation report, Requests For Reimbursement iR. FRs), and murine cmrespendence THE SUBGRANTEE THE STATE OF TEXAS City of Colle~,e Station [Legal Name of Agency] [Aulhofized Signature] ~ Anne Igilzen [Name] Mayor ~z'o T~ fr=tle] Executed for the Executive Du-ector and approved for the Texa~ Transportation Cmmmssion for purpose and effect of ectwaling and/or carrying out orders, established polioies or work programs approved and authorized by the Texas Transportation Commmslon By District Engineer Texas Department of Transportation (For local project grants under $100,000 or for grants of $100,000 or more that are recommended for approval.) Under authority of Ordinance or Resolution lq umber (for local governments} &--~q--~OO&--12_O& Date By Dlrecl~r. Traffic Operations Division Texas Department of Transporlation INot requn~d for local project grants under $100,000 ) Date. Pa~e 2 of 2 Tx. DOT Form 20?$ (re~ 9/25/2003) Attachment A ProJect Title: STEP - ClOT MaJHnn Addresses For the puq~ose of this agreement, the following addresses shall be used to mall oil required notices, reports, claims, and eorrespondenee (NOTE' For warnmts (checks), the address indicated by the electromc mail code, which is the last three digits of the PIN on page I of this Grant Agreement, shall be used for disbursing payments l£that address ts not where the Subgrantec wants warrants or checks to be sent, the Subgrantee needs to notify the Departm=nt of any appropriate changes For Subgrantec (ProJect Director): Name:larnesWoodwa~ Title: Sergeant Organization: C'ollc~e Station Pohce Department Address: 261 I Texas Avenue South Collese Slanon, Texas 77840 Phone: 979-764-3635 Fax: 979-764-3468 E=mall: jwoodwatd~cstx gov Note: Any change in the Subgrantec mformatlon m this Attachment A, Marling Addresses, does not reqmre an amendment to the Grant Agreement However, the Subgrantee must submit a let~r with the corrected ml'ormatlon to the Depart~nent address below within 15 days of the change For Texas Department of Transportation: Name:Mr~Bames Title: Transpoflanon Operatmns En~neer Organization: Texas Department of Transportatton Address: 1300 N Texas Avenue Bryan~ Texas 77803 Phone: 979-778-9756 Fax: 979-778-9709 E-mall: kbames~dot slate tx us Page I of I TxDOTForm 2075 (rev 912512005) Attachment B Project Title: STEP- Memorial Day Holiday CIOT Texas Traffic Safety Program GRANT AGREEMENT GENERAL TERMS AND CONDITIONS ARTICLE I. COMPLIANCE WITH LAWS The Subgrantee shall comply with all federal, state, and local laws, statutes, codes, ordinances, roles and regulations, and the orders and decrees of any courts or adm]mstratlve bodies or mbunals m any matter affecting the performance ofth~s Agreement, including, without lumtation, workers' compensation laws, minimum and max]mum salary and wage statutes and regulations, nondlscri]mnatlon laws and regulations, end licensing laws and regulations When reqmred, the Subgrantee shall furnish the Department with satmfactory proof of its comphance therewith ARTICLE 2. STANDARD ASSURANCES The Subgrantee hereby assures and certifies that ~t will comply with the regulations, pohctes, gmdelmes, and ~lmrements. including 49 CFR, Pan 18. 49 CFR, Part 19 (OMB C~cular A-110); OMB Cucular A-87. OMB Circular A= 102. OMB Circular A=21. OMB Circular A-122, OMB Circular A-133, and the Traffic Safety Program Manual, as they relate to the application, acceptance, and use of federal or state funds for this pmjeet. 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 apphcant's governing body, aulbonzmg the filing of the application, including all understandings and assurances contained therein, and direclmg and aulhonzing the person idetulfied as the officml representative of the applicant to act in conneetton with the application and to prowde such additional information as may be reqmred. B. It and .ts subcontractors will comply with Title VI of the Civil Paghts Act of 1964 (Public Law 88- 352). as amended, and m accordance with that Act, no person shall discriminate, on the grounds of race. color, sex, national origin, age. religion, or dlsabthty C It will comply with requirements of the pmvls~ons oftbe Uniform Relocation Assistance and Real Property Acqmsdmns Act of 1970, as amended. 42 USC §§4601 et seq: and Umted States Department of Transportation (USDOT) regulations, "Uniform Relocation and Real Property Acquisition for Federal and Federally Assmted Programs," 49 CFR, Part 24, wh*ch provide for fair and equitable treatment of persons displaced as a result of federal and federally assisted programs D I1 will comply with the prowsions of the Hatch Political Activity Act, wh*ch limits the political activity of employees. (See also Article 25, Lobbying Cem ficatmn ) E It will comply with the federal Fair Labor Standards Act's mmunum wage and overtime requirements for employees performmg project work. It will establish safeguards to prohibit employees from using their positions for a purpose that is or g~ves the appearance o£bemg motivated by a desire for private gain for themselves or others. pamcularly those with whom they have family, business, or other t*cs G It will give the Department thc accoss to and thc right to examine all records, books, papers, or documents related to this Grant Agreement H It will comply with all requirements unposed by the Department concernmg specml requuements of law. program requirements, and other administrative reqmrements. It recognizes that many federal and state laws imposmg cnvmmmental end resource conservation requirements may apply to this Great Agreement Some. but not all, ofthe major federal laws that Page I of I I T~DOTForm 1854 (rev 311912004) Attachment B Project Title: STEP- Memorial Day Holiday ClOT 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; thc 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 thc Comprehensive Environmental Response, Compensation, and Ltabthty Act, as amended, 42 USC §§9601 et seq The Subgramee also recognizes thai the U.S Envuonmental Protection Agency, USDOT. and other federal agencies Imve issued, and in the future are expected to issue, regulation, gutdehnes, standards, orders. directives, or other requsrements that may affect this ProJect Thus. n agrees to comply, and assures the comphance of each contractor and each subcontractor, with any such federal requirements as the federal government rnay now or tn the future promulgate it wdl comply w~th the flood msumncc purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, 42 USC §4012nix) Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance m communities where such insurance ts available as a condmon for the rccetpt of any federal financial assistance for construction or acqmsmon purposes for use m any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having specml flood hazards. The phrnse "federal financial asststnnce" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster asslstsoce loan or grant, or any form of dn~ct or redirect federal assistance K L It will assist the Department tn its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended ( 16 USC 470 et seq ), Executive Order I 1593, and the Anttqumes Code of Texas (National Resources Code, Chapter I 91 ) It will comply with Chapter 573 oftbe Texas Government Code by ensuring that no officer, employee, or member of the Subgrantec's governing board or the Subgrantee's subcontractors shall vot~ or conftrm the employment of tory person related wtthm the second degree of affimty or third degree by consanguinity Io any member of the governing body or to any other officer or employee authorized to employ or supervtse such person. This profubmon shall not prohtbtt the employment of a person descrtbed tn Sectton 573.062 of the Texas Government Code. M It will ensure that all ~nformatton collected, assembled, or mamtamed by the apphcant relauve to this project shall be avadable to the pubhc during normal business hours m compliance with Chapter 552 oftbc Texas Government Code, unless otherwise expressly provided by law N If apphcnble, it will comply with Chapter 551 of the Texas Government Code. which requires all regular, special, or called meetings of governmental bodies to be open to the public, except as otherwise prevtded by law or specifically permitted in the Texas Constituuon ARTICLE :3. COMPENSATION A B The method of payment for thss Ag~ement wdl be based on actual costs incurred up to and not to exceed thc Inmts specified m Almchment E, Traffic Safety ProJect Budget. The amount included in the ProJect Budget w~ll be deemed to be an estimate only and a higher amount can be reimbursed, subject to the conditions specdled m paragraph B hereunder If Attachmant E, Traffic Safety ProJect Budget, specifies that costs are based on a specific rate, per-umt cost, or other method of payment, reimbursement will be based on the specified method All payments made hereunder will be made tn accordance with Atlachment E, Traffic Safety ProJect Budget The Subgrantee's expenditures may overrun a budget category in lbo approved ProJect Budget without a grant (budget) amendment, as long as the overrun does not exceed five (5) percent of ibc maximum amount eligible for reimbursement in the budget for the covered fiscal year and there ss also a commensurate undermn elsewbem tn the Project Budget. The SublFantee must provide Page 2 of l l TxDOT Form 1854 (rev 3119120041 Attachment B Project Title: STEP- Memorial Day Holiday ClOT C written notification to the Deparanent of an overrun of five (5) percent or less m order for there to be approval of thc Request for Reunbursement. This notification must be m the form of an attachment to thc Requast for Reimbursement that covers the penod of the overron Tins attachment must indicate the amount, the percent change, and thc specific reasonls) for the overrun Any overrun of more than five 15) percent of the amount ehglble for retmbttrscmnnt in the budget for the covered fiscal year requires an amendment of tins Grant Agreement. The maximum amount ehgible for reimbursement shall not be increased above the total Department (TxDOT) amount in thc approved Project Budget as a result of exceeding a budget category wrthout a Whiten grant amendment To be ehgthle for reimbursement under this Agreement. a cost must be incurred in accordance with Attachment E, Traffic Salty Project Budget, within the tune frame specified in Grant Period on page I of this (]rant Agreement, aunbutable to work covered by this Agreement, and which has been completed in a manner satisfactory and acceptable to the Department. D. Federal funds cannot supplant (replace) funds from any other sources The teun "supplant*ng," refers to the use of federsl funds to support personnel or an actavity already supported by local or state funds E Payment of costs incurred under this Agreement is further governed by one of the fofiowmg cost principles, as appropriate, outlined in the Federal Office of Management and Budget (OMB) Cu'culars · A-21, Cost Principles for Inst~tutmns of Higher Education: · A-87. Cost Principles for State, Local. and Indmn Tubal Governments, or, · A-122, Cost Pnnc~plcs for Nonprofit Organizations. F. The Subgrantcc agrees to subunt monthly or quarterly Requests for Rennbursement, as designated m Attachment D, Acttim Plan, within thuty i30l days after the end of thc billing penud. The Subgranlee will use billing forms acceptable to the Department The ongmal Request for Reimbursement, w~th the appropriate backup documentation, must be subnutted to thc Department address shown on Attachment A, Madmg Addresses, oftfus Agreement. In addition, a copy of the Request for Reimbursement and appropriate backup documentation, plus tlune (3) copies of thc Request for Reimbursement without backup documentation, must be submrt~d to this same address. 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. Thc Deparmtent will exercise good faith to make payments within thirty (30) days ofrecelpt of properly prepared and documented Rcquasts for Reimbursement. Payments, however, are contingent upon the availability of appropriated funds Project agreemeuts supposed with federal funds are limited to the length of this Grant Pened. which is specified on page I of this Grant Agreement. lfthe Department determines that thc project has demonstrated merit or has potential long-range benefits, thc Subgrantec may apply for funding assistance hcyond the mmal Agrcement per~od Preference for funding wdl be gwen to those projects for which the Subgrantee has assumed some cost sharing, those which propose to assume the largest percentage of subsequent projecl costs, and which have demonstrated performance that is acceptable to the Department. ARTICLE 4. LIMITATION OF LIABILITY Payment of costs incuned hereunder is contingent upon the avmiabthty of funds, lfat any time during thrs Grant Period, the Department determines that there is insuffictent funding to continue the project, the Page 3 of l l TxDOT Forrn 1854 (rev 3/19/20041 Attachment B Project Title: STEP- Memorial Day Holidav CIOT Department shall so notify the Subgrantec. giving notice of intent to terminate this Agreement, as specified in Article 11 of thru Ag~emont lfat the end of a federal fiscal year. the Department determines that there is sufficient funding and performance to continue the project, the Department may so notify the Subgrantee to continue this agreement ARTICLE 5. AMENDMENTS This Agreement may be amended prior to 1ts expwat~on by mutual written consent of both parties, otihzmg the Grant Agreement Amendment designated by the Department Any amendment must be executed by the part,es within the Granl Period, as specified on page I of this Gmat Agxcement ARTICLE 6. ADDITIONAL WORK AND CHANGES IN WORK If the Subgrantee is of the oplmon that any assigned work IS beyond the scope of this Agreement and constltut~es additional work, the Subgrantcc shall promptly notify the Department in writing Iftbe Department finds that such work does constitute additional work, the Department shall so adwse the Subgrantee and a whiten amendment to tlus Agreement will be executed aconrdmg to Article 5, Amendments, to provide compensation for doing this work on the same basis as the original work. If performance oftbe additional work will cause the maximum amount payable to be exceeded, the work will not be performed before a written grant amen&neat is executed If thc Subgraotee has submitted work m accordance with Ihe terms of this Agreement but the Deparmtont requests changes to the completed work or parts thereof wh*ch involve changes to the original scope of services or character of work under this Agreement, the Subgrantee shall make such revisions as requested and directed by the Department Th~s will be considered as additional work and will be paid for as spec*fled in this Arhcle Ifthe Subgrantee submits work that docs not comply w~th the terms ofth~s Agreement. the Department shall insttucl the Subgxontee to make such revisions as are necessary to bring the work into compliance w~th this Ag~ement No additional compensation shall be prod for this work. The Subgrantee shall make revis~ons to the work aothonzed in th~s Agreement, which are necessary to correct errors or ormsslons appearing thereto, when ~:lulred to do so by the Department. No additional compensation shall be prod for this work. The Department shall not be responsible for actions by thc Subgrantoc or any costs mcurred by the Subgrontee relating to additional wo~ not directly associated with or prior to thc execution of an amendmenl. ARTICLE 7. REPORTING AND MONITORING Not later than ten (10) days al~er the end of each reporting period, as designated m Attachment D, Action Plan, the Subgranten shall submit a performance report usmg forms provided or approved by the Department The performance report will include, as a minimum (I } a comparison of aotual accomphahments to the objectives ostabllsbed for the period, 12l reasons why estabhshed objectives and performance measures were not met, if appropriate, and i3) other pertinent reformation, including, when appropriate, an analysss and explanation of cost undemms, overruns, or high unit costs The Subgrantee shall submit the Final Performance Report and Administrative Evaluation Report within thtrly 130! days after completion of the grant The Subgrantec shall promptly advise the Department in writing of events that will have a significant unpact upon this Agreement, including' Page 4 of I I TxDOT Form 1854 crev $11912004) Attachment B Project Title: STEP- Memorial Dnv Holidav C10T A. Problems. delays, or adverse conthtions, including a change of project director or other changes m Subgrantee personnel, that wtll 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 perfonnnnce measures by thc established time periods This dmclnsore shall be accompanied by a statement of the action taken or contemplated and any Department or federal assistance needed to resolve the situation B Favorable developments or events that enable meeting time schedules and objectives sooner than anticipated or achieving grealer performance measure output than originally proJected. ARTICLE 8. RECORDS The Subgrnntee agrees to maintain all reports, documents, papers, accounting records, books, and other evidence pertaining to costs incurred and work performed hereunder, fheremaRer called the records}, and shall make such records available at its office for the tune period anthonzcd within the Grant Permd, as speclfied on page 1 ofthlsGrant Agreement TheSubgranteefurtheragreesturetalnsaldrecordsforfenr (4l 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, wh*chever occurs last Duly authorized reprasentatlves 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 thc four (4l year permd but shall last as long as the records are retained ARTICLE 9. INDEMNIFICATION To the extent permitted by law, the Subgrantce, if other than a government entity, shall indemnify, hold. and save harmless the Department and Its officers and employees from all claims and lisbd~ty due to the acts or omissions of the Subgrantee, its agents, or employees. The Subgrantee also agrees, to the extent perrmtted by law, to mdenml~y, hold, and save harmless the Department from any and all expenses, including but not hnntud to attorney fees. all court costs and awards for damages incurred by thc Depat*Hnent in litigation or otherwise resisting such clauris or liablhtlas as a result of any activities of ibc Subgrantec. its agents, or employees Further, to the extent permitted by law, the Subgranlee, if other than a govemmant entity, agrees to protect, mdemntfy, and save hnnnleas the Department from and against all claims, demands, and causes of ac~en of eveod kind and character brought by any employee of the Subgrantee against the Department due to personal mjunas or death to such employee resulting from any alleged negligent net, by either commission or omlsslofl off the part of the Subgrantee If the Subgrnntee is a government enttty, both parties to this Agreement agree that no party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts nnd deeds, ns well ns the nets and deeds of *ts contractors, employees, representatives, and agents ARTICLE 10. DISPUTES AND REMEDIES This Agreement supe~edes any prior oral or written agreements. Ifa conflict arises between this Agreement and the Traffic Safety Program Manual. this Agreement shall govern The Subgrantee shall be responsible for the settlement of all contractual and admmlstrattve tssues arising out of procurement made by the Subgrantee in support of Agreement work Disputes concerning performance or payment shall be submitted to the Department for settlement, w~th the Executive Dtrectur acting as refi~ree. Page $ of I I TxDOT Form 1854 (rev $/19/2004) Attachment B Project Title: STEP- Memorial Day Holiday ClOT ARTICLE 11. TERMINATION This Agreement shall remain m effect until the Subgrantee has satisfactorily completed all services and obhgatmns desenbed herein and these have been accepted by the Department, unless · This Agreement ~s terminated m wntmg with the mutual consent of both part,es, or · There is a written thirty (30) day not~ce by e~tber party, or · The Department deterrmnes that the performence of the project is not in the best interest of the Department and informs the Subgmntee that the project is terrmnated ~mmethately The Department shall compensate the Subgrantee for only those eligible expenses recurred during the Grant Period specified on page I ofth~s Grant Agreement wluch are directly attributable to the completed portion of the work covered by this Agreement, provided that the work has been completed m a manner satisfactory and acceptable to the Department Tbe Subgrantee shall not :ncur nor be reimbursed for any new obhgat~ans after the effective dale oftermmat:on ARTICLE 12. INSPECTION OF WORK The Department and, when federal funds arc involved, the US DOT, or any authorized representative thereof, have the right at all reasonable times to raspect or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed If any inspection or evaluahon is made on the premmes of the Subgrantee or ~ts subconlractor, the Subgrantee shall provide and require its subcontractor to provide all reasonable facilities and assistance for the safety and convenience oftbc mspector~ m the performance of their duties. All mspectiuns and evaluations shall be performed in such a manner as wdl not unduly delay the work ARTICLE 13. AUDIT The Subgrantee shall comply with the requh-ements of the Single Audit Act of 1984. Public Law (PL) 98- 502. enanrmg that the single audit report Includes the coverage st:pulated m OMB Circular A-133, "Audita of States, Local Governments, and Other Non-Profit Orgamzat~ons" The state auchtor may conduct an audit or mveetlgation of any entity receiving funds from the state duectly under this Agreement or indirectly through a subconWaet under th~s Agreement. Acceptance of funds chreetly under this Agreement or induectly through a subcontract under this Agreement acts as acceptance of the authority of the State Auditor. under the duection of the legislative audit conumttee, to conduct an audit or revest:gallon m connection wllh those funds ARTICLE 14. SUBCONTRACTS The Subgrantec shall not enter into any subcontract with individuals or orgamzattons not a part of the Subgrantee's organ:zatlon without pnor written concmrence with the subcontract by thc Department Subcontracts shah contain all requ:red prowslons of this Agreement No subcontract wdl relieve the Subgrantee of tta responsibility under this Agreement ARTICLE 15. GRATUITIES Texas Transportation Commission policy mandates that employees oftbe Department shall not accept any benefit, gift. or favor from any person doing business with or who, reasonably speaking, may do business with the Deparanent under this Agreement The only exceptions allowed are orclma~ business lunches and items that have recezved the advanced written approval oftbe Depa~anent's Executive Director Page 6 of I I TxDOT Form 1854 (rev. 3/19/2004) Project Title: STEP- Memorial Day Holiday ClOT Attachment B Any person doing business with or who reasonably speaking may do busmes~ with thc Depm'tment under this Agreement may not make any offer of benefits, gills, or favors to Department employees, except as mentioned here above Failure on the part ofthe Subgrantec to adhere to this policy may result in termination ofthts Agreement ARTICLE 16. NONCOLLUSION The Subgrantee warrants that tt 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 ofthls Agreement. ffthe Subgzantee breaches or violates th~s warranty, the Department shall have the right to annul this Ag~ement without liability or, m its d~scre~mn, to deduct from the Agreement pnee or conslderallon, or otherwise recover the full amount of such fee, conmusslon, brokerage fee, contingent fee, or gl~ ARTICLE 17. CONFLICT OF INTEREST The Subgrantee represents that it or its employees have no conflict of interest that would m any way interfere with Its or its employees' performance or which in any way conflzcts with the interests of the Department. The Subgrantee shall exercise reasonable care and ddlgenee to prevent any actions or cond~tions that could result in a conflict with the Department's interests ARTICLE Ig. SUBGRANTEK'S RESOURCES The Subgrantee certifies that tt presently has adequate qualified personnel in its employment to perform the work required under thru Agreement, or will be able to obtam such personnel from sources other than the Department All employees of the Subgrantee shall have such knowledge and expenenee as will enable them to perform the duties asstgned to them Any employee of the Subgrantee who, m the opmlou of the Department, is incompetent or whose conduct becomes detrimental to the work, shall tmmedlately he removed from association wtth the project. Unless otherwise specified, the Subgrantee shall furnish all equ~prnent, materials, supplies, and other resources required to perform the work. Page 7 of// TxDOT Form 1854 (~vv 3/1912004} Attachment B Project Title: STEP- Memorial Day Holiday ClOT ARTICLE 19. PROCUREMENT AND PROPERTY MANAGEMENT The Subgrantee shall establish and admimster a system to procure, control, protect, preserve, use, maintain, and &spose of any property furmshed to tt by the Department or purchased pursuant to this Agreement m accordance with ils own property management procedures, pmwded that the procedures are not m confl:ct with the Department's property managemenl procedures or property management standards and federal standards, as appropnata, m · 49 CFR, Part 18. "Uniform Admmtstrattve Reqmrements for Grants and Cooperative Agreements to State and Local Governments," or · 49 CFR. Part 19 (OMB C~reular A-110}, "Uniform Admimstratnve Requirements for Grants and Agreemenls with Inststotwns of Htgher Education, Hospitals. and Other Nonprofit ARTICLE 20. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY Upon completion or termination of this Grant Agreement, whether for cause or at the convnmencc of the part~es bereto, all fimshed or unf'm~sbed documents, data, studies, surveys, reports, maps, drawings, models, photographs, crc prepared by the Subgrantee, and eqmpment and supphcs purehased wtth grant funds shall, at thc option of the Department. become thc property of the Department All sketches. photographs, calculations, and other data prepared under this Agreement shall be made avatlable, upon request, to the Department without restnchon or limitation of then' further use A. Intellectual property conststs of copyrights, patents, and any otber form of intellectual property rights covering any data bases, software, inventions, training manuals, systems design, or other propnetary mformahon m any form or medium B All rtghts to Department The Department shall own all ofthe nghts 0ncludmg copyrights, copyright appheattons, copyright renewals, and copyright extensions), mia and interests m and to all data. and other raformaUon developed under this contract and versions thereof unless otherwise agreed to m writing that there will be joint ownersh:p. C. All rtgltts to Subgrantee Classes and matenals inthally developed by the Subgrantcc without any type of funding or resource assistance from the Department remain the Subgrantee's mtollectual 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 ~tself, its successors, executors, assigns, and admmmtmtors to the other party to this Ag~ement and to thc successors, executors, asstgns, and admimstrntors ofsoch other party in respect to all covenants ofthts Agreement. The Subgrantcc shall not assign, sublet, or transfer interest and obhgauons in this Agreement without written consent of the Department ARTICLE 22. CIVIL RIGHTS COMPLIANCE A Comphancc with regulations Tile Subgrentee shall comply with the regulations relahve to nondlsenmmatton tn federally-assisted programs of the USDOT' 49 CFR, Part 21; 23 CFR. Subchepter C; and 41 CFR, Parts 60-74. as they may be amended penochcally theremafler referred to as the Regulations}. The Subgrantee agrees to comply ruth Executtve Order 11246, ent~fled "Equal Employment Opportunity." aa amended by Exccutwe Order 11375 and as supplemented by the U S. Depaflment of Labor regulattons (41 CFR, Part 60). Page 8 of 11 TxDOT Form 18.~4 (rev 3/19/2004) Attachment B Project Title: STEP- Memorial Day Holidov ClOT B. Nondiscrimination. The Subgranlee, with regard to the work performed during the period ofthls Agreement, shall not d]scnmmate on thc grounds of race, color, sex, national origin, age, rehppon, or dlsabthty m thc sclcctren and retention of subcontractors, including procurements of matenals and leases ofeqmpment C Sohcltatlons for anbcontracts, mcludmg procurement of materials and equipment In all sohc~tat[]us either by competmvc bidding or negotiation []adc by thc Subgrantee for work to be performed under a subcontract, including procurements of materials and leases of eqmpmcnt, each potential subcontractor or supplier shall be notified by the Subgrantee oftbe Subgrantee's obltgat[]ns under this Agreement and the regulations relative to nondiscrimination on thc grounds of race. color, sex. national origin, ago. religion, or dlsabdity D. Information and reports' The Subgrantee shall provide all mformat[]n and report~ required by the regulat~ous, or directives issued pursuant thereto, and shall permit access to its books, records. accounts, other sources of reformation, and its facilities as may be determined by the Departmcot or the USDOT to be pertinent to ascertain compliance with such regulat[]nz or directives Where any mfunnation required of the Subgrantee is in the exclusive posscsslen of another who fails or refuses to furnish this mformat~on, the Subgrantee shall so cemfy to the Department or the US DOT. whichever is appropriate, nad shall set forth what efforts the Subgranlee has made to obtain the requested m formation. E Sanctions for noncompliance In the event of the Subgrantee's noncompliance with the nondiscrimination provision of this Agreement, the Department shall impose such sanctions as it or the US DOT may determ[]e to be appreprmte F Iocorpomtloo of provlslous The Subgrantee shall include thc provisions ofparagxaph~ A through E in every subcontract, including procurements of materials and leases of equipment, unless exempt by the regulations or dtreetives The Subgrantee shall take such action with respect to any subcontract or procure[]ont as the Department may tin,ct as a means of enforcing such provisions. []eluding sanctions for noncomphance. However, m the event a Subgrantec becomes involved in, or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Subgrantee []ay request the Department to enter rote htlgation Io protect the interests of the state, and in addition, the Subgrantee may request the United States to enter into such litigation to protect thc interests ofthe Umted States. ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE It zs the policy of the Department and the USDOT that D~sadvantaged Business Enterpnscs, as defined in 49 CFR Part 26, shall have the opportunity to participate m the performance of agreements financed in whole or [] part with federal funds. Consequently, the Disadvantaged Business Enterprise requirements of 49 CFR Part 26, apply to this AIp~ement as follows · The Subgrantec agrees to insure that Disadvantaged Business Enterprises, as defined m 49 CFR Part 26, have the opportunity to participate [] the performance of agreements and subcontracts financed in whole or m part with federal funds In this regard, the Subgrantee shall raakc good faith efforts in accordance with 49 CFR Part 26, to insure that Dlsadvanlaged Business Enterprises have the opportumty to compete for and perform agreements and subcontracts · The Subgrantee and any subcontractor shall not discriminate on the basis of race, color, sex, national origin, or d~sablhty in the award and performance of ag~*e~nants funded in whole or in part with federal funds. These requirements shall be included in any subcontract. Page 9 of I I TxDOTForm 1854 (rev 3/19/2004) Project Title: STEP- Memorial Day Holiday CIOT Attachment B Failure to carry out the requu'ements set forth above shall constitute a breach of this Agreement and, after the nottficatlou of the Department, may result m termmattou of thts Agreement by the Department, or other such remedy as the Department deems appropriate ARTICLE 24. DEBARMENT/SUSPENSION A The Subgrentee certifies, to the best ofzts knowledge and belief, that it and its principals: Are not presently debarred, suspended, proposed for debarment, declared mehglble or voluntarily excluded from covered transactions by any federal department or agency. 2 Have not vathm a three (3) year period preceding flus Agreement been convicted ofor had a civil judgment rendered against them for commission of fraud or n crmunal offense m connection with obtaining, attempting to obtain, or performing n federal, slate, or local public transaction or contract under a public transaction'- violation of federal or slate antlUust statutes, or commission of embezzlement, theft, forgery, brthery, falsification or destruction of records, making false statements, or receiving stolen property, Are not presently indicted or otherwise cnnnnally or avdly charged by a federal, slate, or local governmental entity with commission ofnny of the offenses enumerated in parngraph A 2 of this Article, and 4 Have not, within a three ¢3) year period preceding this AgreemenL had one or more federal, stale, or local public transactions terminated for cause or default B Where the Subgrantee ~s unable to certify to any of the statements in thts Article, such Subgrantee shall attach an explanation to thts Agreement C. The Subgrantee ~s prohibited from making any award or permitting any award at any tier to any party which is debarred or suspended or otherwise excluded from or melrgtble for partlclpat~ou in federal assialance programs under Executive Order 12549, Debarment and Suspension D The Subgranlee shall requtre any party to a subcontract or purchase order awarded under flus Grant Agseement to eerttfy tls ehglbthty to receive federal grant funds, and, when requested by the Department, to formsh a copy of the certification. ARTICLE 25. LOBBYING CERTIFICATION The Subgrantee certifies to the best of his or her knowledge and behef tbat: A. No federally appropriated funds have been paid or will be prod by or on behalfofthe Subgrantee to any person for influencmg or attempting to mflucoee an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress m connection with the awarding of any federal contract, the making of any federal grant, the malung of any federal loan, the entenng into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. B If any funds other than Federal appropriated funds have been paid or vail be paid to any person for influencing or attemptmg 1o influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the party to thts Agreement shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," m accordance with its mstractlons Pag~ 10 of l l Y'xDOr Form 1854 (rev $/19/2004) Attachment B Project Title: STEP- Memorial Dav Holiday ClOT C. The Subgrantee shall reqmre that the language of this certification be included m the award documents for all subawards at all t~ers (including subcontracts) end that all subreclpients shall certify end disclose aecordingly 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 3 I, U.S. Code Any person who fails to file the required certification shall be subject to a civil penalty of not less than $ I 0,000 and not more than $100,000 for each such failure ARTICLE 26. CHILD SUPPORT STATEMENT Unless the Subgranten is a governmental or non-profit entity, the Subgrantee cemfies that it either will go to the Department's webslte noted below and complete the Child Support Statement or already has a Child Support Statement on file with the Department The Sub~entee ts responsible for keeping thc Child Support Statement current and on file with that office for the duration of this Agreement period The Subgrentec further certifies that the Child Support Statement on file contam~ the child support mformation for the mdlwduals or business entities named in this grant Under Section 231 006, Family Code, the Subgrantec certifies that the individual or business entity named m this Agreement ~s not ineligible to receive the specified grant or payment and acknowledges that this Agreement may be ternunated and payment may be withheld if this certification is maccuratc The form for the Child Support Statement is available on the Interact at. ht'm://www.dot state tx.us/cso/default him Page I I of I I TxDOT Form 18.~4 (rev 3/19~004) 1. City-Owned Vehicle Use Procedures The use of a City-owned motor vehicle by an employee is neither a right nor a privilege but a trust conferred to facilitate necessary performance of job duties. City-owned vehicles shall be assigned and used only in the performance of official duty and not for personal use except as stated below. Any exception to this must be submitted in writing and must be documented for tax purposes. Operators of City-owned motor vehicles must meet certaIn standards and follow the requirements as outlined in this regulation. Any employee who will operate a City-owned motor vehicle must possess a valid driver's license and must have a clear driving record with limited moving violations. Employees who fail to do so will not be allowed to operate City vehicles (see C~ty Ddving Record Requirements, Section 2-C2). It shall be the duty and responsibility of all operators of motor equip-ment to report to their supervisor any defect in the mechanical equip-ment and to use every precaution to prevent additional property loss, expense, or recurrence of such conditions. Drivers of City-owned vehicles shall not transport unauthorized indi-viduals. Authorized individuals may be transported with specific authorization. All drivers will be required to obey all traffic rules and regulations prescribed by law (i.e. seat belt regulation) and to use every safety measure possible to prevent accidents. Operators of motor vehicles used in the service of the City who violate this regulation or become involved in any accident will be subject to d~sciplinary action ~f, upon investigation, it is determined that the employee was responsible for such action or, through carelessness or recklessness, he contributed to the cause of such accident. Certain em_oloyees who are on-call may take City vehicles home overnight. This provision is limited by specific sucervisory approval and is considered an additional benefit to the employee in order to ensure emergency response. Limited personal use of a C~ty vehicle will be allowed as long as such use is enroute to either the work site or the em!31ovee's home Such use should be cleared through the super-visor. Responsibility for emergency response will be reflected in the Job DescrIption of that position There may be occasions where secu-rity of equipment within vehicles is used as consideration for overnight permission. Attachment C PFoJact Title: CIOT - STEP I Name of Sublrantee: ~lty o[..C.o.l!.e~._SMl_Lon Traffic Safety Project Description With SuFveys OBJECTIVES & PERFORMANCE MEASURES The ObJectives of'thru grant are to accomplish the following by September 30, 2004 To ~ncrease safety belt use among dnvers, front seal passengers, and child passengers dunng the Memorial Day holiday period and in locations as defined ~n Attachment F, Opernl~oual Plan Objectives/Performance Measures Number A Number and t~pe ctiauons lo be ~ ~ I Safety bell c~tauons to be ~ssuad dunn~ the Memona] Day Hobda¥ Chck II ac Ticket (CIOT) STEP 35._.Q 2 Chdd safety seat cstaUoua to be lasued dunng the Memorial Day Holiday ClOT STEP LO B Number or STEP en foreement hours worked 22~4 C. increase the safety bell usage rale among drivers and front seat passengers dunng lhe Memonal Day Holiday CIOT ST~P, belween pre & posi survey results, by at least the ['oHowlrlg per~enlage polnls 2 D Comp{cie adrmmstratlve and genera{ brant requirements as defined m the ~ Action Plan. Attaclucent D I Submil the following number of Performance Repofls, including Ibe Final Performance Report and Admonslrauve Evalualmn Repofl _2 2 Subnut the following number o f RequesLs £or Relmbursemenl { E Suppoflgranlenforcemenleffor~swlthpubh¢~nformatmnalldeducahon i ~I&E) as defined in the ^¢tlou Plan, ^tt~¢hment D I Condocl a minimum of ouc I I) presentation for ench Memorial Day Hobday ClOT STEP conducted 2 Couduct a mm~mum of two (21 medm exposure for each Memorial Day Holiday ClOT STEP ¢oudn¢led lc g. acws ~onfcmaces, newa relua~s and interviews) _ 2 3 Condocl a minimum ofouc (1~ enmmumty event. 40hlam and d~tnbute the followi~ nnml~ o£ puhhc mthrmatmn and educatton materials 50 Nothing tn thts agreement shall be interpreted as a reqmrement, facmal or in£ormal, that a peace officer issue a apactfied or predetermmed number ofcflattons tn pursuance of the Subgrenlee's obhgauons hereunder 11. RESPONSIBILITIES OF THE SUBGRANTEE: A Carry out the objactfves and performance measures ofthls grant by fmplementmg nil acllvtttes tn the Action Plan, Attachment D C10T 02/04 Project Title Subgmntce l~rror! Reference source not found. Attachment C B The ObJective Performance Measures shall be included in each Performance Report and sununanzed m the Final Per~rmanee Report and Adrmmstratwe Evaluatton Report C Submat all required reports to the Department fully completed with the most current m formation, nnd within the reqmrcd t~mes, as defined m Article 3 and Amcle 7 of the General Terms and Conditions, Attachment B Thts includes reporting to the Department on prowess, ae. luevements, and problems tn penothc performance reports All required documents must be accurale Inaccurate documenls will delay any related Reqocst~ ['or Rezmburaement D A Final Performance Report and Administrative Evaluation Report summa.zing all acttvlUes and acenmphshmenta will be submstted on Department approved forms no later than thirty (30} days after the grant ending dale E Attend meetings according to the following I The Subgrantee will anange for meetings with the Depamneat a~ mdlcaled in the Actnon Plan to present stalus of actwltaes, thscuss pzoblems and schedule for the followrag quarter's work. 2 The project thrector er other quahfied person will be available to represenl the Subwentee at meelmgs requested by the Department F When applicable, all newly developed pubhc reformation and education {PI&E) materials must be submllted to the Department for written approval prior to final production Contact the Department regarding PI&E procedures G. No oat of s~at~ travel la allowed under this grant agreement. H. Maintain venficatmn that all expenses, including wages or salaries, for whach reimbursement ts requesled is for work exclusively related lo this project I Ensure that tins granl v, all in no way supplant {replace) funds from other sources Supplanting refers lo the use of federal funds to support personnel or any activity already supported by local or state funds J The Subgrentee should have a safety belt use pohcy I f the Subwentee does not have a safety belt use policy an place, a pohcy should be implemented dunng the grant year K Carry out the objechves of thru grant by implementing the Operatmnal Plan L Ensure that each officer working on the STEP proJeCt wall complete an officer's dndy report form Tbeformshouldmcfude uame, date, badge/tdenlaficntaonnumber, typeofgront worked, granl site number, nuleaga if apphnshle Imclndmg starting and ending mdeagel, horns worked, type ol'cltatron/nrrest msued, officer and supervasor sagnatures M Ensure that no officer above the rank of Lleutenant lOt equtvalent title) wall be retmburaed for enforcement duty N Support grant enforcement efforts with Pubhc Information and Educalron (PI&E} Salaries being clmmed for PI&E actlvilies must be included in the bedgel O Subgrantees with n traffic unit wt11 utfuze traffic personnel for this grant, unless such peram~e[ are uuavadable I'm' assignment Trq~c Saftr~ Project Description Page 2 o! ~ TvDOT l:orm 20?6 og ~, Pro, cc! T~tle Subg~nlee Eh'or: Reference source not Found, Attachment C If an officer makes a STEP-related nn'est during the shall but does not complete the arrest before the shift is scheduled to end, the officer can continue working under the granl to complete that arrest Officers assigned to Occupant Protection sites should be trained in the Traffic Occupant Protection Strategies (TOPS), Operation Kids, or Child & Adult Restraint Educalion Strategies(CARES) These conrses are approved by the Texas Conunlsslon on Law Enforcement Officer Standards and Education (TCLEOSEt The Subgraotee must enter all Performance and Annex Report data into the Buckle Up Texas Websste (www b e texas m before subrmtung hard copy' reports to the Department Printed versions of the Websfle reports are acceptable versions for hard copy The Subgrantee must utilize Ihe Department's Oeeupant Pceteetion Survey Tools and Worksheets to determine their survey results. These ducumenta cea be found in the Buckle Up Texas Website fwww.buckleuutexas com~ Submil Perrormnuce and Annex Reports Io the Depanmeot by June 16, 2004 IlL RESPONSIBILITIES OF THE DEPARTMENT: A Monitor the Subgrantee's compliance with the performance obhgetmns and fiscal requirements of this Grant Ag~-ement using appropriate and necessary monitonng and inspeci~ons, including but not hnuted to I Review of periodic reporls 2 Physical inspection ofpmject records 3 Telephone conversations 4 E-muds and letters 5 Meetings B Provide program management and technical assistance C Attend appropriate meehng~ D Reimburse the Subgrantee for all ehglble costs as defioed m the Traffic Safety Projecl Budget, Attachmeot E Requests for Reimbursement will be processed up to the maximum amount peyab[e as indicated on the cover page of the Grant Agreement E Perform an adnun]strattve review oftha project at the close of the g~nt period to ]uclude a revaew of adherence to the Achon Plan, Attachment D, the Traffic Safety ProJect Budget, Attnchmeot E and atlmnment ofprojuct objectives Traf~c Safeo project De~cnpnon Page $ of 3 T~DOT Form 20?b~p iRe~ 8/8/2005J POLICIES AND PROCEDURES - Policies COMPENSATION 1. Policy It is the policy of the City of College Station to prowde sufficient compensation for its _e. rnployees m order for the City to attract and retain quahfied individuals for all positions. Salary surveys will be completed by the Human Resources Office penodically to ensure that each job is paid at a rate appropriate for the level and type of work performed, both in relation to other positions in the City and to the C~ty's state & local competitive labor markets. The Human Resources Director shall be responsible for the continuous maintenance and administration of this plan. a. Wage & Salary (thl$,sectlot~ currentlyu.dermvlew) The Pay Plan is designed to provide increases to employees as rewards for performance. The performance appraisal will establish a performance level (average total weighted score) for the em_oloyee. Each level of performance will have a specific percentage pay increase associated with it based on budgetary requirements. The better the performance level at or above expectations (3 0 on scale of 1 to 5), the greater the percentage. This percentage will then be applied to the midpoint of the grade to calculate a dollar amount. When a new position is created or an existing position is changed by adding, modifying, or eliminating duties and responsibilities, the Der)artment Head will notify the Human Resources Office so a reclassification study may be conducted if deemed necessary. * See Pay Plan Document 3. Overtime and Compensatory Time ao Departmental administrators shall be responsible for constantly reviewing staffing levels, work loads, and vacation schedules so as to minimize the need for overtime work. Overtime work shall be avoided whenever possible. However, when overtime work is necessary, it shall be approved by the Department and paid in accordance with the Fair Labor Standards Act (FLSA). Overtime work shall be allocated as evenly as possible among all employees qualified to do the work. OvertIme and Compensatory time shall be based on hours worked in excess of forty (40) hours per work week. Those employees subject to compensatory time (non-exempt) will be given a maximum accumulation of sixty (60) hours to use, after which the employee will be paid overtime. With approval of the depa_~_rn_ent, overtime may be paid prior to the 60 hours. Non-exempt employees will be compensated for any como time accumulated at the time of departure from employment. The accrual of overtime or compensatory time will be accumulated at 1½ times the hourly rate or number of hours, respectively. Holiday, sick or vacation time used may be counted as part of the forty (40) hour work week in calculation of overtime (An exception is made for Fire Department "mandatory" overtime where usage of vacation, sick or holiday time negates the automatic 9 hour overtime provision of the FLSA). Exem. p_t__e_mployees will be allowed to accumulate compensatory t~me on a "time for time" basis. Accrual will be unlimited but exemct employees will not be paid for unused co._mDensatory tIme at the time of departure from employment. The work week will start on Monday and end on Sunday for all regular employees other than Law Enforcement Officers and Fireflghters. Other Department's work weeks may vary depending on flexible schedules according to the needs of the Del~artment. These schedules will be posted in the Department. The Law Enfomement Officers will fall under the FLSA 7(k) partial exemption from overtime by using a 28 day work cycle Departmental policies will outline more explicit procedures to be followed, Firefighters will also claim the 7(k) partial exemption from overtime and establish a 21 day work cycle. Nine (9) hours overtime, w~ll automatically be paid in each work cycle when vacation, holiday or sick time is not used. Departmental policies will outline more explicit procedures to be followed. Those in exempt positions (administrative, supervisory or professional levels), as classified by the Department Head or City Manager, will be allowed compensatory t~me only for approved circumstances. (Work necessary above the normal requirements of the job will be compensated by the accrual of comr)ensatory t~me to a maximum of forty (40) hours.) h. Compensatory time accumulation and use must be recorded on time sheets submitted to payroll. 5. Stand-By.pa~v O Some departments require employees to be available for emergency situations on an "on-call" basis. EmPloyees will be compensated for stand-by duty at a rate of $10,00 per day plus time and one-half for actual hours worked during an eme~lency situation. i. The Stand-By pay becomes part of the base wage when calculating overtime. ii, Employees classified as "Exempt" will not receive stand-by pay, b. Any employee whether on standby or not when called out will be compensated a minimum of one hour if called before midnight. Those employees who are first to respond for emergency duty between the hours of 12 midnight and 6 A.M. will be paid a minimum of 2 hours at time and one half for their response. Scheduled _ov__erti_m_e during these hours is not effected by this policy. Any additional hours worked in excess of minimum call outs will be paid at the standard overtime rate for hours actually worked to the nearest half hour. 7. Payday Departments are paid either Bi-weekly or Semi-monthly. Bi-weekly payrolls are distributed every other Friday. Semi-monthly payroll is distributed on the 15th and last day of the month. If any of these paydays fall on a weekend or City holiday, employees will be paid on the preceding, regular work day. Paychecks will be picked up in the Finance Office after 10 A.M. by the De_oartment's authorized representative and distributed by the employee's supervisor. o 9. Garnishment of Wages a. Wages may be garnished by Court order. The Payroll Office will follow court orders concerning garnishment. Lasl modified 01/14/99 Z Fon~ 2077-LE (rev 3~19/2004) Page lof2 Project Title: ClOT - ~TEP Name of Subgraatee: City of Colleae Station Ftsenl Year: 2004 ClOT Traffic Safety Project Budget (for Law Enforcement Projects) [] Check here ~f thts ~s a mvtsed budget. Date Rewsed: Budget Category I - Labor Costs (100) Salaries [] Overtime or [] Regular Tnoe Salar~ rotes arc eshmated for budget purposes only Re~mbutsements wall be based on actual costs pet employee ~n accordance w~th Subgrantee's payroll pobcy and salary rotc List dermis A Enforcement ~overbme) I Ofl]cers/Dcpuhes 179.00 hrs @ $24 00 pethr 2 Sergeants 34.00 hts I~ $32.00 per hr 3 L~eutenants 11.00hfs ~ $40 00 per hr B PI&E Actwfl~es {ovarbme) ~I'xDOT amount not to exceed 10% of'Total TxDOT Salaries budgeted ( __hfs @$ pcrhr C Othet(~c,ovcfl;mesluff, supcrv;sorysupport, conductmg surveys, m-house ms~uctors for OP wo]ators course) ITxDOT amount not to exceed 10% of Grund Total TxDOT Amount] Specify data ontw. conduntfno surveys 29 0o lus ~ $20 0o per hr Total Sahtrles (200) Fringe Benefits* Specify fringe rotes ^ Ovcrbme 32% B Pml-Timc % C Regular T;me % Total Fringe Beaefita .. (300) Travel sod Per Diem* Reimbursements wdl be m accordance wflh Subgeantee's travel pobcy $ubgrnotce must bdl for actual travel expenses -- not to exceed the bm~ts rc;mbursablc under st;tlc ]aw L Totsd Labor Costs (1O0 + 200 + 300) . . Attachment E {Round figetes to nearest dollar) Other/ TsDOT State/Local TOTAL 4,296 4~296 1~088 __ __ ] 440 _ 440 580 580 6~404 0 6t404 2~049 __ 2~049 0 2~9 0 2~9 0 0 0 8~453 0 8y453 * Budget Detail Required: As un attachment to the budget, a ju~flcahon and a detailed cost bFeakdown is reqmmdI for all costs included for Fnnge Benefit~ (200). Travel nnd Par D~em (300). Eqmpment (400). Suppbes (500). I Contractual Setvlces (600), Other M~scelluneous (700), and Inthrect Cost Rate (800) Attachment E TxDOT Fen~ 2077-LE (rev 3/19/2004) Page 2of2 Project T~tie ClOT - STEP Subgmntos C~ =f College Station Fiscal Year: 2004 [] Check here ffthls is a rev:seal budgel Date Revised (Round figures to nearest dollar) Other/ TzDOT State/Local TOTAL Budget Category I! - Other Direct Costs (400) Equipment* (SO0) Supplies* (600) Coot~aemal Services* (700) Other Mlseellanenus* A Sub~rantee Vehicle Mileage Rates used only for budge~ estlmale Reimbursement will be made according to the approved subgrantee's average cost per mde to operate pakol vehicles, not to exceed the state rate Documentation of cost per mile is required prior to 700 00 miles ¢~D $0 3500 per mdc C Pubhc mformahon & educatlou (PI&E) materials I Educational flems = $__ leg brochures, bumper stickers, posters, fl~ers, etc ) 2 Pmmohoual ~terns = $.__ leg key chams, magnets, pencils, pens. mugs, etc ) D Other* Total Other Mlseellanenus Il. Total Other Direct Costs (400 + 500 + 600 + 700) 0 0 0 245 245 0 0 245 0 245 245 0 245 Budget Category III - Indirect Costs (800) lndb'ecl Cost Rat~* ('at %) Summary: Total Labor Costs ........................................................................ __ 8~4S~ ____ 0 8,4S3 Total Other Direet Costs ............................................................ 245 0 245 Total Indirect Costs .................................................................... 0 0 O Grand Total (i+ll+lll) ...................................................... 8t698 0 8~698 Fund Sources ('Percent Share) .................................................... 100.00% 0.00°,4, * Budget Detail Required: As an attachment to the budget, a jUStlficatiou and u detmled cost breakdown is required [ ~r all costs included for Fnnge Benefils (200). Travel and Per Diem (300), F. qulpment (400), Supplies (500). I Contractual Sarvmes (600}, Other Miscellaneous (700), and Indirect Cost Rate 1800) FHnge Benefits Cost Breakdown Acctdental Death and Dismemberment- 0 035% per $1000 00 of base salary Group Insurance - 15% of base salary Group L~te Insurance - 0 15% per $1000 00 of base salary Long Term Disability 0 16% per $100 00 of base salary Medicare- 1.45% Social Security - 6.2% Texas Mumcipal Retirement System - 9 4% Workmen's Compensation Insurance - 0 42% Attachment F TRAFFIC SAFETY OPERATIONAL PLAN - With Surveys FY04 IVlemonal Day Hohday CIOT STEP SITE DESCRIPTION Enforcement Period Memorial Day I. Occupant Protection May 24 - June 6 Jurisdiction wide (Daylight hours) May FY04 Memorial Pre-Media Cam CLOT- ClOT STEP SCHEDULE Post-surveys Up .4merica Week Description of Activities Pre-Surveys Prior to conducting any wave enforcement activity, conduct pre-observational surveys to establish safety belt usage rates ($/14 - $/18) Pre-Media Campaign Conduct local media events immediately before the enforcement effort to maximize the visibility of enforcement to the public These media events tell the public whan, where, how and why the safety belt laws are being enforced Media will emphasize the special targel groups o£each wave effort, t.e. CLOT. ($/19 - 5/23) Enforcement Bli~ Intensify enforcement through an overtune STEP that places primary emphasis on increasing the number of citations for non-use of occupant restraints dormg the peak holiday traffic. ¢5/24 - 6/6) Post-surveys Conduct poat-obscrvationa] aorveys to determine safety belt usage Measore m~pact of media/enforcement effort. (6/7 - 6/11 ) Post-media Campaign Conduct local media events Io tell the public why the safely belt laws are tmporlant and the results ofthe wave t6/12 - 6/17) Note: The Post=media Campaign may begin immediately after the post observational surveys are conducted. C10T 02/04 Surveys I