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HomeMy WebLinkAbout05-299 Resolution No. 05-299 RESOLUTION AUTHORIZING ACCEPTANCE OF ILLINOIS DEPARTMENT OF TRANSPORTATION HIGHWAY SAFETY PROJECT GRANT AGREEMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that the City of Elgin,Illinois hereby accepts the Illinois Department of Transportation Highway Safety Project Grant in the amount of$109,247 for traffic safety programs. BE IT FURTHER RESOLVED that Olufemi Folarin,City Manager,is hereby authorized and directed to execute all documents necessary in conjunction with the subject grant program. s/Ed Schock Ed Schock, Mayor Presented: October 26, 2005 Adopted: October 26, 2005 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk \ti Agenda Item No. City of Elgin rook L October 7, 2005 G I TO: Mayor and Members of the City Council N SAFE c c Arv1 JNITY FROM: Olufemi Folarin, City Manager Deputy Chief James Burns SUBJECT: Illinois Department of Transportation Highway Safety Project Grant Agreement PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider accepting a $109,247 Highway Safety Project Grant from the Illinois Department of Transportation Division of Public Safety for the City of Elgin Police Department. RECOMMENDATION elk It is recommended that the City Council approve the acceptance of this grant with IDOT and authorize the City Manager to sign the grant agreement. BACKGROUND Motor vehicle crashes are the leading cause of death for Americans between the ages of 4 and 34. In Illinois during 2003, 1,454 persons were killed, 131,279 persons were injured in crashes, and 639 people were killed in alcohol related crashes or 44 % of all fatal crashes. The cost per death in 2003 was $3.9 million and the cost per nonfatal disabling injury was $111,500. In the year 2004, the Elgin Police Department investigated 3,553 traffic crashes, an increase of 16% more than 2003, and of those crashes, 89 were alcohol related or a 27% increase from 2003. Many lives could be saved by changing public attitudes regarding drinking and driving. It has been shown that visible enforcement programs focusing on these violations offer the greatest potential for changing these behaviors. Educational and prevention efforts conducted by the Elgin Police Department during 2005 included participation in Child Passenger Safety Month (February), Alcohol Awareness Month (April), Buckle Up America (May), You Drink & Drive You Lose (August/ September) Drive3-D Month (December), Click It or Ticket (year long), and Operation Safe Passage (year long). This grant runs from October 1, 2005 through September 30, 2006. Enforcement efforts will include DUI enforcements every Friday and Saturday nights from October 1, 2005,through September 30, 2006, for 15 hours per day(3 officers @ 5 hours each, • eft 2005 [DOT Highway Safety Project Grant Agreement/DUI October 7, 2005 Page 2 each day) on an overtime basis. The grant will reimburse the City for 1,560 hours of police overtime pay. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Illinois Department of Transportation (04KFINANCIAL IMPACT The costs associated with the grant will be $109,247, of which $109,247 or 100% will be reimbursed by the State. The Police Department has sufficient 2005 budgeted funds in account number 010-2308-731.01-02, Patrol Division, Overtime Earnings (budgeted = $650,000; available = $129,482) to participate in the grant program. No additional personnel will be required as a result of the grant. GAL IMPACT None. ALTERNATIVES 1. The City may choose to not accept this grant and not conduct any additional DUI efforts. 2. The City may choose to not accept the grant and conduct all DUI enforcement, with full costs borne by the City. Respectfully submitted for Council consideration. jjb/sp Attachment !01'° • 2005 DOT Highway Safety Project Grant Agreement/DUI #914 October 7, 2005 Page 3 Highway Safety Project llinois Department Agreement,Conditions of Transportation and Certifications Office of Planning 8 Prograrnmetg 2340 South Dirkeen Parkway Sprangfloald,ellnola£27ce 1A. GRANTEE: Elgin Police Department 2A.Project Title LAP 1B. Address: 151 Douglas Avenue FOR OFFiCE USE 2B.Project Number:ALB 1720 119 ONLY 2C.PSPfTask:99-05 Elgin.IL 60102 2D.PSP Title: Section 163 Funds TIN/FEIN: 38-6006862 2E Year of Funding: 5A-E. Pt he understood and agreeable 3_ Starting Date: October 1.2005 the GRANTEE that this project Project is subject to Sections 5A4E Description the attached Project 4. Expiration Date: September 30,2006 Description. 5F.Project Description Summary: The City of Elgin will pursue enforcement and education activities to reduce the number of serious and fatal crashes in Elgin.provide video evidence to secure Slit convictions and reduce court hearings and provide training and education in occupant restraint device usage. The Day of Elgin will strive to obtain positive media and public support of Mese efforts and foster ownership of this project with community(public and private)support elk Proposed 5G. Project Budget Federal Local Total Personal Services = 598,280 5 98280 Fringe Benefits 1,934 1,934 Social Security Travel 500 500 Contractual Services Printing 1,500 1,500 Commodities 375 375 Equipment 2,765 2,765 Open/WM/Equipment 3.888 3.888 Totals $109,242 SD $109,242 4. A. I:In odersaatx1 and agreed by Me underslpecl GAAAITEE that tias project Is sutlecI to all attached I-4May Safety Project Agreement Ccncittons and Dertnnations in Sections B and 9 and any other atactrtnents as required. B. COfigarmn or:ne State Cr Mots xid e mots Department of Transtior.ation snail cease immecimey,*Uncut penalty or turtriermayment requred if In any fiscal leer,the!Uncle General Amernby or federal locang wane tans to am...crate or ctrieneise make malutre Petrie tor trims agreement TA.GRANTEE Project Director 7B.GRANTEE Authorizing Representative: Name: Sgt.Thomas Olson Name: Femi Folarin Title: Traffic Investigations Tide: City Manager Address: 151 Douglas Ave,Elgin,IL 60120 Address: 150 Dexter Ct.Elgin,IL 60120 Phone: 8471280-25131 Fax: 8471239-2750 Phone: 8471931-5590 Fax: 847/031-5610 Signature: Date: Signature: Date: E-Mad: cum tocityceeignorg E-Mail mum roccycreigin.crg 7C.Illinois Department of Transportation: Richard J.Smith Director,Office of Planning&Programming Name Title Signature Data CRP-IiSP-1(Rev-S-04) City of Elgin The City to Watch in Traffic Safety • ATTACHMENT A PROJECT DESCRIPTION A. PROBLEM STATEMENT The City of Elgin continues to experience population growth and expansion since 1995. The recent census shows the City of Elgin to have a population of 94,487. The city is also expanding its western boundary, and, at present, covers an area of 33.5 square miles. Population growth and expansion have put enormous pressure on the cities roadways with the sharp increase of traffic traveling within and through the city limits. The city has three (3) state routes and a state toll way. Traffic on Randall Road, a four lane county roadway which runs north and south for the entire length of the western edge of Elgin, has increased at an alarming rate due to large scale development along the entire Randall Road corridor and also with the expansion of the city limits on it's western edge, reaching Route 47.The City of Elgin continues to see alcohol, speed and belt restraint to be major factors in vehicular crash injuries and deaths. Nationally 42,643 people were killed on the roadways of the United States. Forty percent (40%) (17,013) of these died in crashes involving alcohol. 2.9 million People were injured and of those, ten percent (10%)were alcohol related. In the City of Elgin, ten (10) of the nineteen (19)fatalities in the last five years were alcohol related or 53%. During the same period, the arrests for Driving Under the Influence in crashes are 85 in 2000, 98 in 2001, 93 in 2002, 89 in 2003, and 70 in 2004. This crisis situation has forced the City of Elgin to search for solutions to reduce traffic related fatalities, through enforcement of alcohol, speed, and seatbelt restraint laws, along with increased efforts to educate students and citizens of the City of Elgin. Together, with some financial aid from the Illinois Department of Transportation, the City of Elgin can reduce traffic related fatalities and address alcohol and drug abuse issues to make the City's roadways safer. B. BACKGROUND 1. General Characteristics The City of Elgin is the eighth largest city in Illinois located partly in Cook County, the largest county in the State, and in Kane County, the fifth largest county in the State. Elgin is located in the Fox Valley, 35 miles west of Chicago. The city has 4 State Routes (Rt.31, Rt.25, Rt.20 and Rt.47), along with an interstate highway (1-90). The city also has a bike trail running north to south through the entire length of the city. The City of Elgin also is home to the Grand Victoria Riverboat casino which is a source of additional traffic entering and exiting the city as most of its patrons travel from outside Elgin. A large scale annual event which also adds to increased vehicle traffic is the Fox Valley Fox Trot, and the DNA/City of Elgin Bike Race. 2. History of Problem Solving The City of Elgin is a member of the Kane County Task Force on Drinking and Driving. The Task Force adopted a mission statement taking a total systems approach to the problem and develops any and all possible solutions that will lead to a reduction of death and injury caused by an intoxicated driver. The City of Elgin fully believes and truly backs this mission statement. The City of Elgin believes this mission can be accomplished through education, enforcement, and prevention. The City of Elgin was part of a grant given to Kane County, as a Safe Communities, in 2000. In this grant the city participated in saturation patrols with a high rate of success. The city accounted for 396 hours worked on the grant. The Elgin Police Department issued 995 citations, including 169 Driving Under the Influence citations and 110 Driving Under the Influence arrests. That is 45% of the total Driving Under the Influence arrests made for the grant and 40% of the citations issued. Speeding citations were 17% and seat belt/child restraint totaled 14% of the citations issued. The City of Elgin was given a grant from the Illinois Department of Transportation in 2002 through 2004, and participated in the grant requirements to the fullest. However the Elgin Police Department feels continuing the fight against Driving Under the Influence would suffer greatly if funds would not be renewed through another grant. The Elgin Police Department was ranked fifth (5) in the State in Driving Under the Influence arrests in 2002, mainly due to the participation in the 2001 grant from the Illinois Department of Transportation. The city has previously participated in Child Passenger Safety Month ( February), Alcohol Awareness Month (April ), Buckle Up America Week ( May), 3-D Month December) Click It or Ticket, and Operation Safe Passage. The Traffic Unit also holds a Seat Belt class twice a month for violators of restraint laws. B-1. ELGIN POLICE DEPARTMENT The Elgin Police Department has 179 sworn police officers and 68 marked squad cars. The Traffic Investigations Unit has four officers. Each officer has attended Northwestern University's Center for Public Safety courses in accident investigation/reconstruction. Two officers have completed Vehicle Dynamics. Each officer is certified in radar/ laser, teaches seat belt courses and speaks publicly on Driving Under the Influence and other alcohol related subjects. C TRAFFIC CRASH RECORDS SYSTEM OP.` e The computer system used at the Elgin Police Department is a Network developed by the City's Management Information System (MIS) Division. The program breaks down information that has been downloaded into the system. Information can be retrieved based on officer, date, location, or offense. Crash data is broken down by location, names of drivers, offenses related to the cause of the crash, weather, time of day, and injuries. The system is well suited to handle the needs of the grant. 1. Law Enforcement Objectives: + Conduct two (2) roadside safety checks and one thousand five sixty (1560) hours of saturation patrols on a hire-back basis. + Conduct traffic safety training which will include occupant protection, and Driving Under the Influence, field sobriety procedures and law to all Elgin police officers. 2. Education Objectives: + Plan at least three (3) Driving Under the Influence presentations (on a small or large scale) at local high schools, utilizing the fatal vision goggles in an effort to educate high school students on drunk driving. + Will participate in Operation Prom Night at local high schools. 3. Special Events Objective: /i"''' + Participate in two (2) county-wide events displaying traffic safety booths. 4. Public Awareness Objectives: + Focus public attention on the problem of traffic safety by organizing promotional or informational activities for the following special observances: * CLICK IT OR TICKET * Child Passenger Safety Month (February) *Alcohol Awareness Month (April) * Buckle Up America Week (May) * Operation Safe Passage * National Drunk and Drugged Driving Prevention Month + Generate a monthly press release to local media. + Utilize area churches, sport leagues, and other social avenues to reach the Cities population. + Prepare at least one (1) public safety announcement(PSA) using a local celebrity or politician. '` D. Methods and Procedures The following action plans are proposed: 1. Law Enforcement Action Plan + Review submitted crash data to determine which Elgin roadways would benefit most from saturation patrol and enforcement. + Determine who will be responsible for completing IDOT required forms and mailing them to the Project Coordinator in a timely fashion. + Eliminate officers from the program if enforcement efforts do not meet IDOT expectations. + Supply officers with expected performance objectives and guidelines. • + Participate in ACampaign Safe & Sober. In order to accomplish the enforcement objectives, this agency will have the following IDOT requirements: + Conduct two (2) roadside safety checks and one thousand five hundred sixty, (1560) hours of saturation patrol in different areas of the City based on crash data frequency. The RSC's and saturation patrols will be conducted based on the results of the crash analysis. + Objective of at least one traffic contact(citation or written warning) for every 45-60 minutes of actual saturation patrol. '" + Objective of one (1) Driving Under the Influence arrest every ten (10) hours of saturation patrols. + Objective of one (1) alcohol-related arrest every six(6) hours of saturation patrols. + Participate in the national observances of Child Passenger Safety, Buckle Up America, National Drunk and Drugged Driving Prevention, Alcohol Awareness and National Collegiate Alcohol Awareness Months, along with Safe & Sober activities. + Strict enforcement of seatbelt and child restraint laws during saturations + Maintain a D.U.I. processing rate of no more than two (2) hours +A continued increase in the D.U.I. arrest rate from an average of 538 per year to an average of 590, a 10% increase + To try and reduce DUI related fatalities from 1 to 0, a 100% reduction. 2. Education Action Plan: + Contact local high schools and colleges to schedule two (2) events mock Driving Under the Influence arrest scenarios with fatal vision goggles and participate in driver's education classes. 3. Special Events Action Plan: + Participate in our Law Enforcement open house, along with participating in our Community Relations Take Back the Night; both will have Traffic Safety booths. 4. Public Awareness Action Plan + Will participate in Child Passenger Safety Month (February) and Buckle Up America (May), the Elgin Police will: + Conduct at least one media event, press conference or multiple-media activity for each campaign and involve key community leaders; + Plan week-long activities for both campaigns that increase public awareness of these issues. The Elgin Police will participate in Alcohol Awareness Month (April). This observance is not traffic safety specific, but can aid in enhancing efforts to combat impaired driving. Will generate eleven monthly media stories about traffic safety or the Safe Communities program during the grant year. The Elgin Police project coordinators will meet a minimum of four(4) times during the project year. With IDOT approval, one or two project coordinators may attend conferences/meetings that require travel. Reimbursement will not exceed the current state rate. 5. Current Equipment used in D.U.I. detection + Currently the Elgin Police Department utilizes fifteen (15) P.B.T. testers All sixty-eight marked and semi marked squads are equipped with digital Cameras, and both front and rear antenna Decatur radars E. General Project Information 1. Reporting Requirements Progress Reports will be submitted monthly. These reports are due by the tenth of the month following the end of the reporting period. This report will include, but is not limited to, the following information: + Progress of the project in terms of meeting established objectives. + Problem areas along with an explanation of corrective action. + Dates and minutes of coordinator meetings indicating who was present, input given and feedback received. .► + Copies of press releases and published articles. + Enforcement and crash data will be submitted on the appropriate IDOT forms. The final report and final claim for reimbursement will be submitted by November 1, 2006. The report will include a narrative analyzing the projects accomplishments, whether or not the objectives were met, problems or successes encountered, and the role of the coordinators after the completion of this project. The final claim will include all final expenses not previously reimbursed for the coordinators. 2. Method of Evaluation The project will be evaluated on the basis of monthly reports. Overall assessment of the project will be based upon successful completion of the scheduled objectives. 3. Monitoring The Division of Traffic Safety will conduct on-site visits to observe project activities and progress toward completion of stated objectives, as well as to provide assistance as needed. Failure to maintain operation of the project at the level agreed upon in the approved Highway Safety Agreement may result in the termination of funding. 4. Alterations elk Any alteration to the Highway Safety Agreement must be requested in writing as stated in the Agreement Conditions on page 3, Item K. - Reasons for a request of alteration could be a revised timetable, operational change, or a budget revision. Justification must be furnished for all changes at the time of the request. The Project Director should not implement the alteration until a written response from the Division of Traffic Safety is received. 5. Reimbursement Highway safety programs are funded on a reimbursement basis. The City of Elgin pays the cost for project operation using local funds, and then submits either monthly or quarterly, an Illinois Traffic Safety Program-Claim for Reimbursement to the Division of Traffic Safety, along with the required documentation of expenses incurred. Reimbursement will be compensated at the rate of 100 percent of the total approved and documented expenditures for the initial year. Procedures for Submittal of Claims for Reimbursement provides directions for completing the Claim for Reimbursement. Highway Safety Project Agreement Conditions and Certifications The following certifications, assurances, general conditions of approval and procedural guidelines constitute a part of the Highway Safety Project Agreement. Signatories of the l Highway Safety Project Agreement Conditions and Certifications agree that these conditions and procedures will be adhered to unless amended in writing. Any State or Federal statute, administrative rule, regulation or other publication referred to in this agreement may not contain the complete language. The official published text, which is incorporated herein by reference,shall be the controlling authority for this agreement. 8. State of Illinois Certifications,Assurances and Conditions of Approval A. Laws of Illinois. The Highway Safety Project Agreement (AGREEMENT") between the Applicant Agency ("GRANTEE") and the Illinois Department of Transportation ("DEPARTMENT") shall be governed in all respects by the laws of the State of Illinois. B. Agreement Alterations or Modifications All alterations or modifications to the AGREEMENT provisions, conditions or certifications must be requested in writing and must be approved by the DEPARTMENT in writing, before work is started, to become effective and part of the AGREEMENT. No oral understanding or agreement shall be binding upon either party. C. Procurement Procedures All procurement transactions for contractual services, commodities and equipment shall be conducted in a manner that provides maximum open and free competition. The GRANTEE shall also meet the following minimum procedural requirements, as well as any specific procedures written into the narrative of this agreement. 1. Solicitations of offers shall include a description of the technical requirements for the products or service to be procured. 2. Awards shall be made only to responsible bidders that can meet the preceding requirements. 3. Small purchase procedures, which consist of obtaining verbal or written price or rate quotations from at least three qualified sources, may be used for products or services having a total value of not more than $10,000. Purchase is to be made from vendor with lowest quote. 4. Formal advertising procedures shall be used for products, which may include associated nonprofessional services having a total value of more than $10,000. An invitation for bids, with item specifications and supplier requirements, shall be publicly advertised. In addition, bids shall be solicited from an adequate number of known suppliers. Bids shall be opened publicly and a fixed-price contract award made to that responsible bidder whose bid, conforming to the invitation for bids, is lowest; unless that bid is rejected because of sound and documented business reasons to further the best interest of the project. 5. Competitive negotiation procedures shall be used to procure services having a total value of more than $10,000. The Request for Proposal shall be publicized and proposals shall be solicited from an adequate number of qualified sources. Negotiations are normally conducted with more than one source and a cost-reimbursement contract shall be awarded based on a technical evaluation of the proposals received. Award may be made to the responsible offeror whose proposal will be most advantageous to the procuring party, price and other factors considered. Unsuccessful offerors should be notified promptly. 6. Non-competitive negotiation, the procurement through solicitation of a proposal from one source, is allowed if the products or services are available only from a single source or, if after a number of sources have been solicited, competition is determined inadequate. The DEPARTMENT must authorize this procedure. 7. The GRANTEE will take all necessary affirmative steps to assure that minority firms, women's business enterprises and labor surplus area firms are used when possible. 8. The GRANTEE shall maintain records sufficient to detail the significant history of procurement. These records shall include, but are not necessarily limited to, information pertinent to: rationale for the method of procurement, selection of contract type, contractor selection or rejection and basis for the cost or price. 9. No employee or representative of the DEPARTMENT or the GRANTEE shall participate in the procurement of products or services if a conflict of interest, real or apparent, would be involved. Nor shall such persons solicit or accept anything of monetary value from bidders or suppliers. 10. The GRANTEE must comply with any special conditions detailed in the contract, the Illinois Procurement Code(30 ILCS 500)and any local ordinances or regulations. D. Requirements for Consultant Contracts and Subcontracts After a consultant and/or subcontractor is selected in accordance with all requirements of this AGREEMENT including the Section titled Procurement Procedures, as detailed herein, the consultant contract or subcontract shall be submitted to the DEPARTMENT for approval prior to execution. The GRANTEE and consultant and/or subcontractor are subject to all conditions and certifications of this AGREEMENT and 49 CFR Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments or 49 CFR Part 19 Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations, whichever is applicable. The GRANTEE shall also sign the Highway Safety Project Requirements for Consultant Contracts Certification incorporated by reference into this AGREEMENT. E. Method of Payment Funds shall not be advanced to the GRANTEE but rather reimbursed for actual expenditures upon submission of proper supportive documentation. Copies of the original source records which evidence all expenditures (federal and local) shall be submitted with claims for reimbursement of costs. Only those costs incurred within the approved project period and budget are eligible for reimbursement. 1. Because the DEPARTMENT is responsible for obtaining federal reimbursement for project expenditures, it is necessary that the DEPARTMENT monitor all procedures and documents which will be used to claim and support project related expenditures. Original documentation to verify the amounts, uses and recipients of all disbursements of funds shall be retained in accordance with 49 CFR Part 18, Subpart A, Section 18.42 and shall be available for audit at any time during the project and retention period. 2. Proper supportive documentation required for costs incurred is described in the guidelines entitled, "Procedures for Submittal of Claims for Reimbursement," incorporated herein by reference and which shall be furnished by the DEPARTMENT to the GRANTEE with the executed AGREEMENT. 3. Claims for reimbursement shall be in accordance with the rates established in the Proposed Project Budget established in this AGREEMENT and shall be submitted on a monthly or quarterly basis. All claims shall be signed by both the Project Director and the GRANTEE'S Authorizing Representative. The final claim for reimbursement must be received by the DEPARTMENT by November 1 or within 30 days following the expiration of the grant, whichever is earlier, to receive payment. 4. Claims for reimbursement by the GRANTEE to the DEPARTMENT pursuant to this AGREEMENT shall be sent to your assigned law enforcement liaison manager's home address. F. Allocation of Grant Funds. 1. The GRANTEE may spend only those funds which are eligible for reimbursement by either the DEPARTMENT or by the federal government. This grant authorizes the GRANTEE to request reimbursement for no more than the limits established by the Proposed Project Budget. If the GRANTEE is required to provide matching funds, reimbursement may be withheld if the matching funds are not allocated and expended as required. 2. Prior approval from the DEPARTMENT is required for all fund transfers between cost categories of the Proposed Project Budget. The GRANTEE must submit a. written request to the DEPARTMENT detailing the amount of transfer, the cost categories from and to which the transfer is to be made, and the rationale for the transfer. G. Termination or Cancellation of the Highway Safety Project Agreement No termination or cancellation of the AGREEMENT shall be effective unless the following conditions are met: 1. The obligation of the State of Illinois and the DEPARTMENT shall cease immediately without penalty or further payment being required if, in any fiscal year, the Illinois General Assembly or Federal funding source fails to appropriate or otherwise make available funds for the contract. 2. This AGREEMENT may be terminated or cancelled by either party upon thirty (30) days written notice. 3. Failure to carry out the conditions set forth herein shall constitute a breach of the AGREEMENT and may result in termination of the AGREEMENT or such remedy as appropriate. Upon termination, the GRANTEE will be paid for work satisfactorily completed prior to the date of termination. H. Project Monitoring 1. The GRANTEE agrees to submit a report monthly or as otherwise stipulated in the AGREEMENT of all safety activities related to the grant and/or contract using the template provided by the DEPARTMENT. 2. The GRANTEE agrees to attend quarterly progress meetings upon request of the DEPARTMENT to provide information and discuss the accomplishments and expectations of the Highway Safety Project. 3. The DEPARTMENT may conduct periodic on-site reviews of all ongoing highway safety projects to monitor adherence to the AGREEMENT and to review progress, procedures and claims for reimbursement. 4. The final report shall be submitted to the DEPARTMENT within 30 days after the expiration date of the project or as stipulated in this AGREEMENT. 5. GRANTEE will obtain prior approval from the DEPARTMENT with respect to all enforcement locations. I. Prior Approval of Media and Ownership of Data and Creative Material 1. All articles, publications, news releases, exhibits, video, audio materials, reports and all other work products produced by the GRANTEE under this grant and/or contract shall be submitted to the DEPARTMENT for approval prior to development and shall become and remain the property of the DEPARTMENT. 2. All articles, publications, news releases, exhibits, video or audio materials prepared by the GRANTEE shall use the DEPARTMENT'S logo and shall identify the DEPARTMENT as the funding source by including the statement: "This project is funded by the Illinois Department of Transportation." 3. The DEPARTMENT reserves a royalty-free, nonexclusive and irrevocable license to reproduce, • publish or otherwise use, and to authorize others to use, for State or federal government purposes: (a) the copyright in any work developed under a grant, sub grant, or contract under a • grant or sub grant; and (b) any rights of copyright to which a GRANTEE, sub grantee, or a contractor purchases ownership with grant support. 4. TDD. All printed, visual and auditory materials,which contain a phone number, must also contain a TDD number. The Ameritech relay number 800-526-0844 (TDD only) may be used to fulfill this requirement. • 5. Closed Captioning. All public service announcements funded, in whole or in part, through this federal highway safety program must be closed-captioned for the hearing impaired. 6. GRANTEE will invite members of the DEPARTMENT to attend media events. 7. GRANTEE will coordinate with the DEPARTMENT's Office of External Affairs to arrange photographic opportunities for major events. J. Illinois Human Rights Act The GRANTEE will comply with the Illinois Human Rights Act (775 ILCS 5/1-101 et. seq.) with respect to public contracts, including equal employment opportunity, refraining from unlawful discrimination and having a written sexual harassment policy. K. Safety Belt Use Requirements 1. In accordance with the Illinois Mandatory Seat Belt Law (625 ILCS 5/12-603.1) the GRANTEE shall establish a safety belt use policy requiring employees to use the appropriate occupant restraint protection devices as provided in the vehicle being driven while on official business. 2. A copy of the safety belt policy shall be retained locally in the project file and available for review by representatives of the DEPARTMENT. L. Indemnification Unless prohibited by State law, the GRANTEE agrees to hold harmless the DEPARTMENT, its officials, employees and agents, from any and all losses, expenses, damages (including loss of use), suits, demands and claims, and shall defend any suit or action, whether at law or in equity, based on any alleged injury or damage of any type arising from the actions or inactions of the GRANTEE and/or the GRANTEE'S employees, officials, agents, contractors and subcontractors, and shall pay all damages, judgments, costs, expenses and fees, including attorney's fees, incurred by the DEPARTMENT and its officials, employees and agents in connection therewith. e•Pb. M. Illinois Grant Funds Recovery Act Grant Funds are available for expenditure or obligation by the GRANTEE for the time period of this AGREEMENT. If the GRANTEE received reimbursement for an obligation that was either cancelled or refunded, those funds must be returned to the State within 45 days of the end of the AGREEMENT or expiration of the time period grant funds are available for expenditure or obligation by the GRANTEE. Any grant funds which have been misspent or are being improperly held are subject to recovery in accordance with the"Illinois Grant Funds Recovery Act." (30 ILCS 705). N. Educational Loan Default Act The GRANTEE certifies that he/she is not in default on an education loan as provided in the Educational Loan Default Act. (5 ILCS 385/0.01 et. seq.) • • O. Property and Equipment 1. The GRANTEE shall maintain and inventory all property and equipment purchased under this AGREEMENT. The requirements relative to equipment inventory, use and disposition are detailed in the publication "Property Management Standards" furnished upon request by the DEPARTMENT. 2. The property and equipment purchased under this grant must be utilized by the GRANTEE for the sole purpose of furthering the safety project as defined in the project description for its entire useful life. 3. The DEPARTMENT and National Highway Traffic Safety Administration (NHTSA) retain title interest in all property and equipment purchased under this grant. In the event that the GRANTEE fails or refuses to comply with the provisions or terminates this AGREEMENT, the DEPARTMENT, at its discretion, may take either of the following actions: (a) Require the GRANTEE to purchase the property or equipment at fair market value or other mutually agreed upon amount; or(b) require the GRANTEE to transfer the property or equipment and title, if any,to the DEPARTMENT, or to another party, as directed by the DEPARTMENT. 4. Nonexpendable property, defined as property having an acquisition cost of$5000 or more with a life expectancy of more than one year is subject to periodic inspection by the DEPARTMENT. Nonexpendable property purchased under this AGREEMENT shall not be sold, traded, or disposed of in any manner without the express written permission of the DEPARTMENT. P. Official Misconduct and Interference with Public Contracting The GRANTEE certifies that he/she has not been convicted of Official Misconduct under Section 720 ILCS 5/33-1 for bribery or attempting to bribe an officer or employee of the State of Illinois, nor has the GRANTEE made an admission of guilt of such conduct which is a matter of record, nor has an official, agent or employee of the GRANTEE been so convicted nor made an admission of bribery. Further, the GRANTEE certifies that he/she is not barred from contracting as a penalty for Interference with Public Contracting under Section 720 ILCS 5/33-e-1, et seq. Q. Equal Pay Act of 2003 No employer may discriminate between employees on the basis of sex by paying wages to an employee at a rate less than the rate at which the employer pays wages to another employee of the opposite sex for the same or substantially similar work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions subject to exceptions under Section 820 ILCS 112 as implemented by 56 III. Admin Code Part 320. R. Drug Free Workplace Act The GRANTEE certifies that it will provide a drug free workplace in compliance with the requirements of the Drug Free Workplace Act. (30 ILCS 580). 1. As required by the Drug Free Workplace Act no grantee or contractor,with 25 or more employees shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of any property or services from the State, unless the grantee or contractor has certified to the State that the grantee or contractor will provide a drug-free workplace. 2. Submission of this certification is a prerequisite for making or entering into this transaction imposed by the Drug Free Workplace Act. False certification or violation of the certification may result in sanctions including, but not limited to, suspension of contract or grant payments, termination of the contract or grant and debarment of contracting or grant opportunities with the State for at least one(1)year but not more than five(5)years. S. Debt Certification. The GRANTEE and its affiliates certify they are not delinquent in the payment of any debt to the State of Illinois (or if delinquent have entered into a deferred payment plan to pay the debt), and GRANTEE and its affiliates acknowledge the DEPARTMENT may declare the AGREEMENT void if this certification is false (30 ILCS 500/50-11) or if GRANTEE or an affiliate later becomes delinquent and fails to enter into a payment plan upon request. (30 ILCS 500/50-60). T. Traffic Stop Statistical Study If the GRANTEE is a law enforcement agency required to participate in the Traffic Stop Statistical Study the GRANTEE certifies their compliance with all requirements in accordance with 625 ILCS 5/11-212 and the procedures adopted by the DEPARTMENT. 9. Federal Certifications,Assurances and Conditions of Approval The GRANTEE assures that in carrying out any project supported by federal funds it will comply with all applicable federal statutes, regulations, executive orders, National Highway Traffic Safety Administration (NHTSA) guidelines, Federal Transit Administration (FTA) Circulars, Office of Management and Budget (OMB) Circulars and other federal requirements as referenced in the NHTSA Highway Safety Grant Management Manual available at: http://www.nhtsa.dot.gov/nhtsa/whatsup/tea21/GrantMan/HTML/00_Manl_Contents1_01.html. The GRANTEE recognizes that federal laws, regulations, policies, and administrative practices may be modified from time to time and those modifications may affect project implementation. The GRANTEE agrees that the most recent federal requirements will apply to the project. A. Non-Discrimination and Equal Opportunity Assurances in Federally Assisted Programs The GRANTEE hereby assures to observe and comply with all provisions of Federal and State Constitutions, statutes and implementing regulations pertaining to non-discrimination and equal employment opportunity during the period in which federal assistance is extended to the project, or the project property is used for a purpose for which the federal assistance is extended or for another purpose involving the provision of similar services or benefits, or as long as the GRANTEE retains ownership or possession of the project property, whichever is longer. These assurances of nondiscrimination include but are not limited to: 1. Title VI of the Civil Rights Act of 1964. (42 U.S.C. 2000d et seq. as amended). Prohibition against exclusion from participation in, denial of benefits of, and discrimination under federally assisted programs on ground of race, color, or national origin. Implemented by 49 CFR Part 21, Nondiscrimination in Federally-Assisted Programs of.the Department of Transportation— Effectuation of Title VI of the Civil Rights Act of 1964. 2. Non-Discrimination in Employment and Business Opportunities. (49 U.S.C. 5332 as amended). A person may not be excluded from participating in, denied a benefit of, or discriminated against under, a project, program, or activity receiving financial assistance under this chapter because of race, color, creed, national origin, sex, or age. If a person does not comply with the nondiscrimination provision within a reasonable time after receiving notice the DEPARTMENT can withhold further financial assistance, refer the matter to the Attorney General and proceed under Title VI. This section is in addition to Title VI. 3. Title IX of the Educational Amendments of 1972. (20 U.S.C. 1681 et seq. as amended). No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or /�'" activity receiving Federal financial assistance. Implemented by 49 CFR Part 25, Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance. 4. Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973. (29 U.S.C. 794 as amended). No otherwise qualified individual with a disability in the United States, as defined in section 705(20) of this title, shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to ' discrimination under any program or activity receiving federal financial assistance. Implemented by 49 CFR Part 27, Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance. 5. Age Discrimination Act of 1975. (42 U.S.C. 6101-6107 as amended). No person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity receiving federal financial assistance. 6. Drug Abuse Office and Treatment Act of 1972. (21 U.S.C. 1174 as amended). Relating to nondiscrimination on the basis of drug abuse and treatment. 7. Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1972. (P.L. 92- 616) as amended). Relating to nondiscrimination on the basis of alcohol abuse. 8. Sections 523 and 527 of the Public Health Service Act of 1912. (42 U.S.0 290 et seq. as amended). Relating to nondiscrimination on the basis of substance abuse and the confidentiality of records. 9. Title VIII of the Civil Rights Act of 1968. (42 U.S.C. 3601 et seq. as amended). Relating to nondiscrimination in the sale, rental or financing of housing. B.Disadvantaged Business Enterprises Program Participation Assurance In accordance with 49 CFR 26.13(b), as amended, the GRANTEE assures that it shall not discriminate on the basis of race, color, national origin, or sex in the implementation of the project. The GRANTEE further assures it shall take all necessary and reasonable steps as set forth in 49 CFR Part 26 as amended, to ensure nondiscrimination in the award and administration of all third party contracts and sub agreements. Implementation of the Disadvantaged Business Enterprise (DBE) program is a legal obligation of the DEPARTMENT, and failure by the GRANTEE to carry out the applicable requirements of 49 CFR Part 26 as amended and any requirements of the DEPARTMENT'S DBE program shall be treated as a material breach of this AGREEMENT which may result in the termination of this AGREEMENT or such other remedy as the DEPARTMENT deems appropriate. C. Document Retention and Access The GRANTEE certifies that it will comply with the retention and access requirements for records established by 49 CFR Part 18, Subpart A, Section 18.42. The required records and documentation relating to the grant and/or contract shall be retained for a minimum of three years after the starting date of the retention period as defined in Section 18.42. The DEPARTMENT or their authorized representative shall have the right of access to any books, documents, papers, or other records of grantees, sub grantees, contractors and subcontractors which are pertinent to the grant and/or contract, in order to make audits, examinations, excerpts and transcripts. The right of access is not limited by the required retention period and shall last as long as the records are retained. D. Control of Property. GRANTEE certifies that the control, utilization and disposition of property or equipment acquired using federal funds is maintained according to the provisions of OMB Circular A-102 Grants and Administrative Requirements for State and Local Governments or OMB Circular A-110 Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations,whichever is applicable. E. Certification Regarding Lobbying — Certification for Contracts, Grants, Loans and Cooperative Agreements 1.The GRANTEE shall not use any funds appropriated under this AGREEMENT for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect(e.g., "grassroots") lobbying activities. 2.As required by the United States Department of Transportation (USDOT) regulations, "New Restrictions on Lobbying," at 49 CFR 20.110, the GRANTEE'S authorized representative certifies to the best of his or her knowledge and belief that for each agreement for federal assistance exceeding $100,000: a. No federal appropriated funds have been or will be paid, by or on behalf of the GRANTEE, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement or the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any 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 GRANTEE shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions. c. The GRANTEE shall require the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub grants and contracts under grant, loans and cooperative agreements) and that all sub recipients shall certify and disclose accordingly. The GRANTEE understands that 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 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. F. Certification Regarding Debarment and Suspension GRANTEE shall comply with Debarment provisions as contained in 49 CFR Part 29, including Appendices A and B as amended. GRANTEE certifies that to the best of its knowledge and belief, GRANTEE and GRANTEE'S principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency. 2. Within a three-year period preceding this AGREEMENT have not been convicted of or had a civil judgment rendered against it for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public(federal, state or local)transaction or contract under a public transaction, violation of federal or state anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property. 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in subsection (1) above. 4. Have not within a three-year period preceding this AGREEMENT had one or more public transactions(federal, state or local)terminated for cause or default. The inability of a prospective GRANTEE to certify to the certification in this section will not necessarily result in denial of participation in this AGREEMENT. The prospective GRANTEE shall submit an explanation of why it cannot provide the certification in this section. This certification is a material representation of fact upon which reliance was placed when the Department determined whether to enter into this transaction. If it is later determined that GRANTEE knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the Department may terminate this Agreement for cause. The GRANTEE shall provide immediate written notice to the Department if at any time the GRANTEE learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this Part shall have the meaning set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. The GRANTEE agrees that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible or voluntarily excluded from participation in this covered transaction, unless authorized, in writing, by the Department. The GRANTEE agrees that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the Department, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. The GRANTEE may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible or eigik voluntarily excluded from the covered transaction, unless GRANTEE knows the certification is erroneous. GRANTEE may decide the method and frequency by which it determines the eligibility of its principals. Each GRANTEE may, but is not required to, check the Nonprocurement List. If a GRANTEE knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible or voluntarily excluded from participation, in addition to other remedies available to the federal government, the DEPARTMENT may terminate this AGREEMENT for cause or default. Nothing contained in this section shall be construed to require establishment of a system of records in order to render in good faith the certification required by this section. The knowledge and information of a GRANTEE is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. G. Drug Free Workplace Act of 1988—Certification for Drug-free Workplace The GRANTEE certifies that it will comply with 49 CFR Part 29 Subpart F to provide a drug-free workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the GRANTEE'S workplace and specifying the actions that will be taken against employees for violation of such prohibition. • 2. Establish a drug-free awareness program to inform employees about the dangers of drug abuse, the GRANTEE'S policy of maintaining a drug-free workplace, available employee assistance programs and penalties for violating the policy. 3. Abiding by the notification provisions regarding any criminal drug statute convictions for a violation occurring in the workplace. H. Single Audit Act Certification The Illinois Department of Transportation is the agency responsible for administering Illinois' federal highway safety funds on behalf of the Governor. Federal funds are provided for this project by the United States Department of Transportation. This program is listed in the Catalog of Federal Domestic Assistance (CFDA)as"State and Community Highway Safety 20.600-605". The records and supportive documentation for all completed projects are subject to an on-site audit and the DEPARTMENT reserves the right to inspect and review during normal working hours the work product of any independent auditor in support of their audit. The GRANTEE certifies that it will comply with The Single Audit Act of 1984 (31 U.S.C. 7501 et. seq.), as amended,which requires the following: 1. State or local governments that receive $500,000 or more a year in federal financial assistance shall have an audit made in accordance with the Office of Management and Budget (OMB) Circular No.A-133. 2. State or local governments that receive less than $500,000 a year shall be exempt from compliance with the Act and other federal audit requirements. 3. Nothing in this paragraph exempts State or local governments from maintaining records of federal financial assistance or from providing access to such records to Federal Agencies, as provided for in federal law or in Circular A-133 "Audits of States, Local Governments and Non- Profit Organizations". 4. A copy of the audit report must be submitted to the DEPARTMENT within 30 days after completion of the audit, but no later than one year after the end of the local government's fiscal year. 5. One copy of the audit report shall also be sent to: Bureau of Census, Single Audit Clearing House, 1201 East 10th Street, Jefferson, IN 47132. I. Federal Taxpayer Identification Number For individuals and sole proprietors; list Social Security number. For other entities, list Employer Identification Number. Federal Employer Identification Number (FEINS) must NOT be used for sole proprietorships. Under penalties of perjury, the GRANTEE certifies that is its correct Federal Taxpayer Identification Number. The GRANTEE is doing business as (please check one): ❑ Individual ❑Real Estate Agent ❑Sole Proprietorship ❑ Government Entity ❑ Partnership ❑Tax Exempt Organization (IRC-501 (a) only) ❑Medical and Health Care❑ Not-for-Profit Corp. ❑ Corporation ❑ Services Provided Corp. ❑Trust or Estate ❑ Limited Liability Corp. (LLC) If you fail to furnish your correct taxpayer identification number to the DEPARTMENT, you are subject to an IRS penalty of $50 for each such failure unless such failure is due to reasonable cause and not to willful neglect. Willfully falsifying certifications or affirmations may subject you to criminal penalties, fines and/or imprisonment. Highway Safety Project Agreement Conditions and Certifications By signing this Highway Safety Project Agreement Conditions and Certifications attachment to the Highway Safety Project Agreement, the undersigned affirms that he or she is authorized to execute this certification and that he or she has read and complied with and assures continued compliance with each of the above conditions and certifications, that the required responses and communications with the DEPARTMENT are true and correct and that the signatures below l constitute an endorsement and execution of each condition and certification and assurance as though each was individually signed. AL6 1720 119 Applicant Agency ("GRANTEE") Project Number Signature of Grantee Authorizing Representative Printed Name Date Signature of Project Director Printed Name Date