Section 5: Additional STEP RequirementsAnchor: #i1010077
Grant Agreement General Terms and Conditions
The Grant Agreement General Terms and Conditions will be included in all grant agreements. It provides the terms and conditions governing the grant and certifies that a subgrantee will comply with the applicable regulations, policies, guidelines, and requirements, including 49 CFR, Part 18 and 2 CFR, Part 225 (Office of Management and Budget [OMB] Circular A-87); or 49 CFR, Part 19 (OMB Circular A-110) and 2 CFR, Part 220 (OMB Circular A-21); or 49 CFR, Part 19 (OMB Circular A-110) and 2 CFR, Part 230 (OMB Circular A-122), as they relate to the application, acceptance, and use of federal or state funds for the project. This attachment further explains other federal and state acts and laws that a subgrantee must adhere to with the awarding of federal and state moneys for grant expenditure.
Potential subgrantees completing a proposal must certify that they agree to the terms and conditions, as well as the responsibilities of the subgrantee, by completing the Terms, Conditions, and Responsibilities Proposal Page in eGrants.
NOTE: Potential subgrantees are required to become familiar with the contents of the Grant Agreement General Terms and Conditions, because failure to do so will not excuse nonperformance or noncompliance once a grant has been awarded.
See the Texas Traffic Safety Program Grant Agreement General Terms and Conditions to obtain more information on general terms and conditions for Selective Traffic Enforcement Program (STEP) grant agreements.
STEP Operating Policies and Procedures
All STEP agencies must either have established written STEP operating policies and procedures, or will develop written policies and procedures before STEP grants can be executed. Each STEP agency will certify that it has, or will develop such prodcedures during the proposal process in eGrants. If an agency is selected for a grant award, a copy of the agency’s written policies and procedures must be submitted with the executed grant. Local policies and procedures must include at a minimum:
- a description of which position serves as a STEP project director and a list of their main responsibilities
- a description of how the agency selects individuals to work a STEP shift
- a description of how prior approval is obtained for an individual authorized to work a STEP shift
- a list of any restrictions imposed on working STEP, such as limitations on the number of hours an officer can work per shift, etc.
- a description on how the agency determines an individual’s overtime status before working STEP
- a description of how the agency supervises officers working STEP shifts
- a description of how an individual’s time worked on a STEP shift is documented
- a description of the paperwork required after the STEP shift ends (i.e., time sheets, overtime cards, STEP daily activity reports, citations, etc.)
- a description of the process the supervisor uses to approve and document the hours worked
- a description of the process used to oversee the agency’s performance toward meeting the grant’s performance measures/target numbers.
Responsibilities of the Subgrantee
The responsibilities of the subgrantee are included below to encourage potential STEP subgrantees to become familiar with the requirements that they will be held responsible for once a grant is awarded. Familiarity with these requirements will also assist potential subgrantees in submitting successful proposals. The responsibilities of the subgrantee for a STEP program are:
- carrying out all performance measures established in the grant, including fulfilling the law enforcement objectives by implementing the operational plan contained in the grant agreement.
- submitting all required reports to the Texas Department of Transportation (TxDOT) fully completed with the most current information and within the required time frames as defined in Article 3 and Article 7 of the General Terms and Conditions of the grant agreement. This includes reporting to TxDOT on progress, achievements, and problems in monthly Performance Reports and attaching necessary source documentation to support all costs claimed in Requests for Reimbursement (RFRs).
- attending TxDOT-approved grant management training.
- attending meetings according to the following:
- TxDOT will arrange for meetings with the subgrantee to present the status of activities and to discuss problems and the schedule for the following quarter’s work.
- The project director or other appropriate qualified persons will be available to represent the subgrantee at meetings requested by TxDOT.
- supporting grant enforcement efforts with Public Information and Education (PI&E) activities. Salaries claimed for PI&E activities must be included in the budget. For more information, please see eGrants Proposal Help for Salaries and Fringe Benefits.
- submitting all newly developed PI&E materials to TxDOT for written approval, when applicable, through TxDOT eGrants system messaging, prior to final production. Refer to Chapter 5, Section 9 for more information regarding PI&E procedures.
- obtaining written approval from TxDOT for out-of-state travel expenses to be reimbursable, prior to out-of-state travel, through eGrants system messaging. Grant approval does not satisfy this requirement. For TxDOT district-managed grants, the subgrantee must obtain written TxDOT district approval, through eGrants system messaging, for travel and related expenses if the travel is outside of the district boundaries. Please see “ Travel for Subgrantees” in Chapter 5, Section 10 for information on obtaining out-of-state travel approvals.
- maintaining verification that all expenses including wages or salaries for which reimbursement is requested is for work exclusively related to this project.
- ensuring that the grant will in no way supplant (replace) funds from other sources. Supplanting refers to the use of federal funds to support personnel or any activity already supported by local or state funds.
- ensuring that each officer working on the STEP project will complete an officer’s daily report form. The form should include at a minimum: name, date, badge or identification number, type of grant worked, grant site number, mileage (including starting and ending mileage), hours worked, type of citations issued or arrests made, and officer and supervisor signatures. See “Sample Documents” on the bottom of the eGrants Help Page for samples of completed daily activity reports.
- ensuring that no officer above the rank of lieutenant (or equivalent title) will be reimbursed for enforcement duty, unless the subgrantee received specific written authorization from TxDOT, through eGrants system messaging, prior to incurring costs. See “ STEP Rank Authorization Form” later in this section.
In addition to the requirements outlined above, subgrantees must also adhere to the provisions presented below.
- A subgrantee may work additional STEP enforcement hours on holidays or special events not covered under the operational plan. However, additional work must be approved in writing by TxDOT through eGrants system messaging prior to enforcement. Additional hours must be reported in the performance report for the time period for which the additional hours were worked.
- If an officer makes a STEP-related arrest during the shift, but does not complete the arrest before the shift is scheduled to end, the officer can continue working under the grant to complete that arrest.
- Subgrantees with a traffic unit will utilize traffic personnel for this grant, unless such personnel are unavailable for assignment.
- Prior to conducting speed enforcement, the subgrantee must select and survey enforcement sites that comply with existing state-mandated speed limits in accordance with Texas Transportation Code, Sections 545.352 through 545.356.
- Officers assigned to speed sites should be trained in the use of radar or laser speed measurement devices.
- The subgrantee should have a safety belt use policy. If the subgrantee does not have a safety belt use policy in place, a policy should be implemented, and a copy maintained for verification during the grant year.
- Officers working DWI enforcement must be trained in the National Highway Traffic Safety Administration/International Association of Chiefs of Police Standardized Field Sobriety Testing (SFST). In the case of a first year subgrantee, the officers must be trained, or scheduled to be SFST trained, by the end of the grant year. For second or subsequent year grants, all officers working DWI enforcement must be SFST trained.
- The subgrantee should have a procedure in place for contacting and using drug recognition experts (DREs) when necessary.
- The subgrantee is encouraged to use the Law Enforcement Advanced DUI/DWI Reporting System (LEADRS) available through the Buckle Up Texas website at BuckleUpTexas.com or at. http://texas.public.leadrs.org/
STEP Rank Authorization Form
Some subgrantees may have the need for an employee above the rank of lieutenant to work enforcement in order for the STEP grant to be successful. The subgrantee is responsible for justifying in writing why an employee above the rank of lieutenant should be allowed to work STEP enforcement.
Subgrantees must complete a STEP Rank Authorization Form, located on the eGrants Help Page, to request authorization for an employee above the rank of lieutenant to work STEP enforcement. The form must be submitted to the appropriate TxDOT program manager or project manager Traffic Safety Specialist (TSS) for review and approval. Potential subgrantees may submit the STEP Rank Authorization Form as an attachment to their proposal.
The TSS will receive written notification of the final approval status from the TxDOT Traffic Operations Division - Traffic Safety Section (TRF-TS). If an agency submits a request that is not approved by TxDOT, they will receive written notification of the “Not Approved” determination with an explanation as to why the request was denied.Anchor: #i1010261
Standardized Field Sobriety Testing Training
If a law enforcement agency proposes a STEP with a Driving While Intoxicated (DWI) enforcement component, upon execution of a grant, officers of the agency must be trained in the National Highway Traffic Safety Administration/International Association of Chiefs of Police Standardized Field Sobriety Testing (SFST). In case of a first year subgrantee, the officers must be trained or scheduled to be SFST trained by the end of the grant year. For second or subsequent year grants, all officers working DWI enforcement must be SFST trained.
Subgrantees must ensure that the appropriate certifications or other supporting documentation is retained on file to substantiate that the requirements outlined above have been met.Anchor: #i1010276
TxDOT Speed Survey Protocol & Instructions
The speed protocol and instructions, the speed survey form, and the Excel STEP survey worksheet can be found in the eGrants Help Page Toolbox at STEP OP and Speed Survey Tools.