Loading...
05-248 v Resolution No.05-248 RESOLUTION AUTHORIZING ACCEPTANCE OF ILLINOIS DEPARTMENT OF TRANSPORTATION HIGHWAY SAFETY PROJECT GRANT AGREEMENT (DUI Roadside Safety Checks) 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$3,770 for DUI Roadside Safety Checks. 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: August 10, 2005 Adopted: August 10, 2005 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk Highway Safety Project Illinois Department Agreement, Conditions of Transportation and Certifications Office of Planning&Programming 2300 South Dirksen Parkway Springfield,Illinois 62764 1A. GRANTEE: Elgin Police Department 2A. Project Title Roadside Safety Check 1B. Address: 151 Douglas Avenue FOR OFFICE USE 2B. Project Number: AL5-1720-270 Elgin, IL 60120 ONLY 2C. PSP/Task: 13-15 2D. PSP Title: Alcohol Incentive Funds TIN/FEIN: 36-6005862 2E. Year of Funding: 1 5A-E. It is understood and agreed by 3. Starting Date: June 27, 2005 the GRANTEE that this project is Project subject to Sections 5A-5E of the Description attached Project Description. 4. Expiration Date: September 30, 2005 5F. Project Description Summary: This project provides funds for the agency to conduct DUI roadside safety checks in conjunction with the Illinois State Police.This activity will occur during the"You Drink and Drive, You Lose"campaign. Proposed 5G. Project Budget Federal Local Total Personal Services $3,770.00 $3,770.00 Fringe Benefits Social Security Travel Contractual Services Printing Commodities Equipment OperlAutolEquipment Totals $3,770.00 $3,770.00 6. A. It is understood and agreed by the undersigned GRANTEE that this project is subject to all attached Highway Safety Project Agreement Conditions and Certifications in Sections 8 and 9 and any other attachments as required. B. Obligation of the State of Illinois and the Illinois Department of Transportation shall cease immediately,without penalty or further payment required if,in any fiscal year,the Illinois General Assembly or federal funding source fails to appropriate or otherwise make available funds for this agreement. 7A. GRANTEE Project Director: 7B. GRANTEE Authorizing Representative: Name: Thomas Olson Name: fxitabelmin Olufemi Folarin Title: Sergeant Title: City Manager , City of Elgin, 150 Dexter C t. Address: 151 Douglas Avenue, Elgin, IL 60120 Address: 9PM6416NAVONg73, Elgin, IL 60120 Phone: 847-289-2661 Fax: 847-289-2950 Phone: 847-• 1- • I Fax: 847-289-2950 Signature: p Date:0Y0 ?OS-- Signature: .,11 Date: . _ a, E-Mail: son t at7.cityofelain.orq E-Mail r4\e �� C,�y �L � . �1 7C. Illinois Department of Transportation: Richard J. Smith Director, Office of Planning & Programming Name Title Signature Date OPP-HSP-1 (Rev.8/04) Highway Safety Project Illinois Department Agreement, Conditions of Transportation and Certifications Office of Planning&Programming 2300 South Dirksen Parkway Springfield,Illinois 62764 1A. GRANTEE: Elgin Police Department 2A. Project Title LAP 1B. Address: 151 Douglas Avenue FOR OFFICE USE 2B. Project Number:AL6 1720 119 Elgin, IL 60102 ONLY 2C. PSP/Task: 99-06 2D. PSP Title: Section 163 Funds TIN/FEIN: 36-6006862 2E.Year of Funding: 5A-E. It is understood and agreed by 3. Starting Date: October 1, 2005 the GRANTEE that this project Project is subject to Sections 5A-5E of Description the attached Protect 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 SUI convictions and reduce court hearings and provide training and education in occupant restraint device usage. The City of Elgin will strive to obtain positive media and public support of these efforts and foster ownership of this project with community (public and private)support. Proposed 5G. Project Budget Federal Local Total Personal Services $98,280 $ 98,280 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 Oper/Auto/Equipment 3,888 3,888 Totals $109,242 $0 $109,242 6. A. It is understood and agreed by the undersigned GRANTEE that this project is subject to all attached Highway Safety Project Agreement Conditions and Certifications in Sections 8 and 9 and any other attachments as required. B. Obligation of the State of Illinois and the Illinois Department of Transportation shall cease immediately,without penalty or further payment required if,in any fiscal year,the Illinois General Assembly or federal funding source fails to appropriate or otherwise make available funds for this agreement. 7A.GRANTEE Project Director: 7B. GRANTEE Authorizing Representative: Name: Sgt. Thomas Olson Name: Femi Folarin Title: Traffic Investigations Title: City Manager Address: 151 Douglas Ave, Elgin, IL 60120 Address: 150 Dexter Ct, Elgin, IL 60120 Phone: 847/289-2661 Fax: 847/289-2750 Phone: 847/931-5590 Fax: 847/931-5610 Signature: ^t E Q.Q0L� 1 9 ( yrtie Date: j0 13 cc Signature. a Date: Z , -QS� E-Mail: Olson_t@cityofelgin.org E-Mail Folari f@cityof- .in.org 7C. t of Transportation: /!_ I �1cGu r-t rector, Office of Planning & Programming J J• (f,kirg'-e--C-717 Title Signature Date 6 1 ( OPP-HSP-1 (Rev.8/04) v ir 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 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 before work is started by the DEPARTMENT in writing 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. 2 OPP-HSP-1(Rev.8/04) 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 18.42and 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 3 OPP-HSP-1(Rev.8/04) 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. 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. 4 OPP-HSP-1(Rev.8/04) • 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. 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. 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.) 0. 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. 5 OPP-HSP-1(Rev.8/04) • 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 rateless 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 6 OPP-HSP-1(Rev.8/04) 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. Aqe 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. 7 OPP-HSP-1(Rev.8/04) 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. 8 OPP-HSP-1(Rev.8/04) 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 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 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 9 OPP-HSP-1(Rev.8/04) 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. 10 OPP-HSP-1(Rev.8/04) 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 constitute an endorsement and execution of each condition and certification and assurance as though each was individually signed. -(W Vl Pohce) ''1 ' ' ALS - 1720 -270 Applicaht Agency ("GRANTEE') Project Number `v.c t �. A�∎u -1'--CAS Signature o thorizing Printed Name Date Re•rese .tla S S G-r.--rpor A-S P(.- °(0 3.-m 0 - Signat of Project Director Printed Name Date 11 OPP-HSP-1(Rev.8/04) PROBLEM STATEMENT Nationally, alcohol-related vehicle crashes contribute to over 17,000 fatalities a year. One alcohol- related fatality occurs every 32 minutes. Annually, in Illinois, over 40 percent of traffic fatalities result from alcohol-related crashes. Drinking and driving remains a serious traffic safety concern. PROJECT GOAL AND OBJECTIVE The goal of this alcohol-related crash reduction program is to reduce the incidence of driving under the influence (DUI) of alcohol and/or drugs and call attention to the seriousness of the offense. This will be accomplished through the following objective: • To provide local police departments the opportunity to staff roadside safety checks under the direction of the Illinois State Police RSC supervising officer. METHODS OF PROCEDURE 1. Conduct roadside safety checks at locations determined by the Illinois State Police DUI enforcement staff. Local departments will be asked to provide up to 6 officers per detail. 2. Participation in public information activities aimed at informing potential DUI offenders of the hazards of driving after drinking, and the likelihood of being detected if they violate the law. Note: Public information releases will be prepared by the Illinois State Police. 3. This activity including the use of PBTs will be conducted in accordance with the attached established guidelines of the Illinois Law Enforcement Training and Standards Board. REPORTING REQUIREMENTS Reporting of enforcement activity, for the project officers only, is to be completed and submitted to the IDOT project manager no later than 10 days after each roadside safety check. The report shall include a completed RSC data sheet. The report shall also include copies of any press or media coverage associated with the activity. BUDGET Agency: Elgin Police Department Personal Services 72 hours (4-6 hours per officer per detail) of hireback salary @ $52.63 per hour Total $3.770.00 Number of 6 hour Roadside Safety Checks 2 Number of Officers 6 Time and a half rate $52.63 TOTAL $3,770.00 12 OPP-HSP-1(Rev.8/04) OF �C 0,..a,�,N,\..fr Agenda Item No. City of Elgin r • ' nrlrj[ED E L G July 22, 2005 N SAFF CCJMMt JNIFTY TO: Mayor and Members of the City Council FROM: Olufemi Folarin, City Manager O'er'/tts James Burns,Police Deputy Chief for Administration SUBJECT: Illinois Department of Transportation Driving Under the Influence Roadside Safety Checks PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to accept a grant from the Illinois Department of Transportation (IDOT) for DUI Roadside Safety Checks in the amount of$3,770. rk RECOMMENDATION It is recommended that the City Council approve this grant with the Illinois Department of Transportation in the amount of$3,770. BACKGROUND The City of Elgin Police Department has had a longstanding relationship with the Illinois Department of Transportation's Division of Traffic Safety. The Police Department has participated with DOT and this grant program for more than a decade. This grant will pay 100% of an Elgin officer's overtime pay while participating in this program. The project will involve officers manning a roadside safety check on City streets. The officers will be looking for persons driving under the influence and other safety and equipment violations. The project will serve to remind the public of the importance of not drinking and driving during the busy summer season. Many lives could be saved by changing public attitudes regarding the problem of drinking and driving. According to the National Highway Traffic Safety Administration (NHTSA), the number of alcohol-related deaths has risen to its highest level in four years, ending an almost 20- year downward trend. The Elgin Police will be participating in this program with other area departments and the Illinois State Police. DOT Roadside Safety Check Grant July 22, 2005 Page 2 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None yr FINANCIAL IMPACT The total grant amount with the Illinois Department of Transportation equals $3,770. There are sufficient funds budgeted ($90,000) and available ($48,736) in the General Fund, Police Department overtime earnings, account number 010-2305-731.01-02, project number 230129, to fund this project. Overtime (72 hours at approximately $53/hour) will be reimbursed at 100% of the City's costs. 5GAL IMPACT None ALTERNATIVES ra■ 1. The City Council may chose not to accept this grant offer from DOT. 2. The City Council may choose to fund this project with local money. Respectfully submitted for Council consideration. jjb Attachment rik