HomeMy WebLinkAboutResolution - 2021-R0278 - Subaward Agreement with TTU 21-0590Resolution No. 2021-R0278
Item No. 6.13
August 10, 2021
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock, a Subaward Agreement 21-0590
Between the City of Lubbock and Texas Tech University and related documents, to to
facilitate the implementation of a wellness program for the Lubbock Police
Department. Said Subaward Agreement and related documents are attached hereto
and incorporated in this resolution as if fully set forth herein and shall be included in
the minutes of the City Council.
August 10, 2021
Passed by the City Council on
DANIEL M. POPE, MAYOR
ATTEST:
Rebec%A,9arza, City Sec t
APPROVED A TO C 01
Loyd tche 1, Chief of Police
Resolution No. 2021-R0278
Subaward Agreement 21-0598
between
City of Lubbock
and
Texas Tech University
This Agreement, by and between City of Lubbock (hereinafter referred to as "Lubbock") on
behalf of its police department, whose principal place of business is 916 Texas Avenue,
Lubbock, Texas 79401 and Texas Tech University, a Texas state institution of higher education
whose principal place of business is 2500 Broadway Ave., Lubbock, TX 79409, (hereinafter
referred to as "SUBRECIPIENT"), is for the following purpose:
Whereas, Lubbock is the recipient of the following award (hereinafter referenced to as the
"Prime Award" and attached hereto as Exhibit A):
Award Number: 202OMHWXK017
Project Sponsor: U.S. Department of Justice -- Office of Community
Oriented Policing Services
Project Title: Lubbock Peer Support Project
Lubbock Technical Contact: Lieutenant Misti Snodgrass
Subrecipient Investigator: Dr. Megan Thoen
and whereas, said Prime Award involves an approved collaborative effort between Lubbock and
SUBRECIPIENT, and SUBRECIPIENT has agreed to use its personnel, facilities, and
reasonable efforts in the performance of the work; therefore, the parties mutually agree as
follows:
ARTICLE 1. SCOPE OF WORK
SUBRECIPIENT shall supply all the necessary personnel, equipment, and materials (except as
otherwise may be provided herein) to accomplish the tasks set forth in the attached Scope of
Work, marked Exhibit B, which by this reference is incorporated herein.
ARTICLE 2. PERIOD OF PERFORMANCE
The term of this Agreement shall commence 09/01/2020 and terminate 08/31/2022, unless
otherwise extended by mutual written agreement of the parties.
ARTICLE 3. LIMITATION ON COSTS
The total cost of performing the tasks under Article 1 of this Agreement will not exceed $21,999.
Lubbock shall not, in the absence of a modification hereto, be obligated to reimburse
SUBRECIPIENT for costs that are in excess of the total amount specified in this Article.
The budget for which TTU has based this support is detailed in Exhibit C.
ARTICLE 4. LUBBOCK TECHNICAL CONTACT
Lieutenant Snodgrass, as the Lubbock Technical Contact of the project and representative of
Lubbock, shall have the overall responsibility of the technical, scientific, and programmatic
aspects of the project funded by the Project Sponsor. Any changes to the Scope of Work by
SUBRECIPIENT shall require the prior written approval of Lubbock and the Lubbock Technical
Contact.
ARTICLE 5. SUBRECIPIENT INVESTIGATOR (SUBRECIPIENT)
The Subrecipient Investigator representing SUBRECIPIENT for the purpose of technical
direction in accordance with Article 1 shall be Dr. Megan Thoen. A change in the designated
Subrecipient Investigator shall require the prior approval of Lubbock and the Lubbock Technical
Contact.
ARTICLE 6. USE OF FUNDS
SUBRECIPIENT is responsible for ensuring that costs charged to this Agreement (1) benefit the
Scope of Work being funded, (2) are consistent with the Project Sponsor's terms and conditions
of the Prime Award, and (3) are allowable, allocable, and reasonable under federal cost
principles.
ARTICLE 7. PRIOR APPROVALS
Written requests made by SUBRECIPIENT for cost or other administrative prior approvals
required by the provisions set forth by this Agreement shall be signed by both
SUBRECIPIENTS's Investigator and Authorized Representative and shall be submitted to
Lubbock's Authorized Representative, who will initiate the appropriate action required.
ARTICLE 8. TERMS OF PAYMENT
SUBRECIPIENT shall submit an invoice, for the full award amount, upon fully executed
Agreement for reimbursement to Lubbocks's Technical Contact at the following email address:
msnodgrass!:a:mylubbo.&LIS
Lieutenant Misti Snodgrass
Invoice must reference Agreement No. 21-0598, the Project Title, and the name of the Principal
Investigator.
If the Invoice does not meet these requirements it will be rejected by Lubbock and returned
unpaid to SUBRECIPIENT. Questions regarding invoices should be directed to Lubbock's
Technical Contact.
ARTICLE 9. REPORTING REQUIREMENTS
SUBRECIPIENT agrees to provide annual progress reports and to assist and./or render any
additional reports that may be requested by Lubbock that are needed to allow TTU to meet the
Project Sponsor's reporting requirements.
All technical performance progress reports and financial reports must be submitted to Lubbock.
The final progress report must be marked "Final" and shall be submitted to Lubbock not later
than sixty (60) days beyond the termination date of this Agreement.
ARTICLE 10. CONDITIONS OF AWARD
The SUBRECIPIENT agrees to comply with the provisions set forth by the Project Sponsor's
Terms and Conditions of Award, incorporated herein as Exhibit A.
ARTICLE 11. AUDIT
SUBRECIPIENT agrees to maintain books, records, and documents and other evidence
pertaining to all costs and expenses incurred and revenues acquired under this Agreement to the
extent and in such detail as will properly reflect all costs and expenses of whatever nature for
which reimbursement is claimed. The books of account and other records that are applicable to
this Agreement shall at all times be available for inspection, review, and audit by Lubbock to
determine proper application and use of all funds paid to or for the account of benefit of
SUBRECIPIENT.
All costs incurred under this Agreement are also subject to audit by the Project Sponsor and/or
their agents. SUBRECIPIENT agrees to give the Project Sponsor and/or their agents access to its
records where necessary to support costs relating to the grant. SUBRECIPIENT will compensate
Lubbock for any refunds to the Project Sponsor that may be required of Lubbock as a result of a
disallowance of SUBRECIPIENT's costs.
ARTICLE 12. EQUIPMENT ACCOUNTABILITY
Inventory accountability and disposition of equipment will be in accordance with the Project
Sponsor's policy. Upon termination of the project, SUBRECIPIENT's need for any equipment
acquired under this Agreement shall be taken into account when determining disposition of title.
ARTICLE 13. INTELLECTUAL PROPERTY AND PUBLICATIONS
The results and data developed by this collaborative effort, if jointly developed, will be jointly
owned by the parties, and if developed solely by one party, will be owned solely by that party.
Each party grants to the other party a non-exclusive, royalty -free license to use the results and
data developed solely by each other, provided that each party uses such results and data only for
its own internal research and educational purposes. The parties agree to negotiate in good faith in
the event that either requests a license for commercial purposes.
There will be no restrictions on the joint publications of part or all of the data and/or discoveries
made, except as they may be necessary to protect confidential information or to file patents. To
this end, Lubbock may review all publications prior to submission. Any delay will not exceed
ninety (90) days for the purpose of filing patents.
ARTICLE 14. PUBLICITY
No publicity matter having or containing reference to the other party to this Agreement or in
which the name of the other party is mentioned shall be made use of until written approval has
first been obtained by the party making use of the other party's name.
SUBRECIPIENT acknowledges that Lubbock must comply with the Texas Open Records Act.
SUBRECIPIENT will notify Lubbock within 3 (three) business days of any requests under the
Act in regard to this Agreement and will provide reasonable assistance to Lubbock if it seeks to
prevent disclosure of information related to the Agreement.
ARTICLE 15. DEBARMENT/EXCLUSION
SUBRECIPIENT certifies that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any federal department or agency.
ARTICLE 16. LIABILITY
SUBRECIPIENT is and will be acting as an independent contractor in the performance of this
work and shall be solely responsible for the payment of any and all claims for loss, personal
injury, death, property damage, or otherwise, arising out of any act or omission of its employees
or agents in connection with the performance of this work.
SUBRECIPIENT shall maintain during the life of this Agreement such bodily injury,
professional malpractice, and property damage liability insurance that will protect it from claims
for damages for personal injury, including death, as well as from claims for property damage that
may arise from its activities under this Agreement.
Neither SUBRECIPIENT nor its employees or assignees shall be deemed employees of Lubbock
while performing under this Agreement.
ARTICLE 17. TERMINATION
In the event of termination of the Prime Award, this Agreement shall be automatically terminated
as of the termination date of the Prime Award. Additionally, either party shall have the right to
terminate this Agreement by giving thirty (30) days' written notice of intent to terminate to the
other party's Authorized Representative. SUBRECIPIENT will be reimbursed for any
noncancelable obligations properly incurred up to the date of notice of termination.
ARTICLE 18. REPRESENTATION
Representatives of the parties for this Agreement are as follows:
A. For TTU
I. Principal Investigator
Dr. Megan Thoen
Psychological Sciences
Texas Tech University
Lubbock, TX 79409
Telephone: (806) 834-1687
Email: megan.thoen@ttu.edu
II. Financial Contact
Sarah Cody
Managing Director
Texas Tech University
Accounting Services
Box 41105
Lubbock, TX 79409-1105
Telephone: (806) 742-2985
Email: ora@ttu.edu
III. Authorized Representative
Emily Everette
Program Director
Office of Research Services
Texas Tech University
Box 41035
Lubbock, TX 79409-1305
Telephone: (806) 742-3884
Email: ors.awardservices@ttu.edu
B. For Lubbock
I. Technical Contact
Misti Snodgrass
Lieutenant- Community Engagement
916 Texas
Lubbock TX 79401
P.O. Box 2000
Lubbock TX 79457
806-775-3408
III snod grass it In lubbock.us
Il. Financial Contact
Amber Aguilar
Senior Accountant
1314 Avenue K
Lubbock, TX 79401
806-775-2149
as Tuilar dim lubbock.us
III. Authorized Representative
Rebecca Garza
City Secretary
1314 Avenue K, 10"' Floor
Lubbock, TX 79401
bgarz, (mUlubbock.us
IV. Authorized Representative
Floyd Mitchell
Chief of Police
916 Texas
Lubbock, TX 79401
P.O. Box 2000 Lubbock, TX 79457
finitchell ccm lubbock.us
ARTICLE 19-DISPUTE RESOLUTION
SUBRECIPIENT will use the Texas Government Code, Chapter 2260's dispute resolution
process to attempt to resolve any claim for breach of contract arising under this Agreement that is
not resolved in the ordinary course of business.
Lubbock does not waive sovereign immunity by its execution of or by any conduct of its
representatives under this agreement, and the dispute resolution process does not affect the
Lubbock's right to assert all claims and defenses in a lawsuit.
5
No Waiver of Immunity. To the extent permitted by law, and without waiving sovereign
immunity, each Party shall be responsible for any and all claims, demands, suits, actions,
damages, and causes of action related to or arising out of or in any way connected with their own
actions, and the actions of personnel in providing assistance rendered or performed pursuant to
the terms and conditions of the Agreement. Each Party agrees to obtain general liability, public
officials' liability and law enforcement liability, if applicable, or maintain a comparable self-
insurance program.
No waiver of a breach of any provision of this Agreement shall be construed to be a waiver of
any breach of any other provisions. No delay in acting with regard to any breach of any provision
shall be construed to be a waiver of such breach.
No Indemnification. Parties expressly acknowledge that their authority to indemnify and/or hold
harmless another party is governed by Article XI, Section 7 and/or Article III, Section 50, et seq.
of the Texas Constitution and any provision which purports to require one governmental entity to
indemnify another party, including another governmental entity, is invalid
ARTICLE 20-GOVERNING LAW
This Agreement will be governed and construed in accordance with the laws of the State of
Texas. Venue for any claim arising under this agreement will be the state courts of Lubbock
County, Texas.
This Agreement is subject to all present and future valid laws, orders, rules and ordinances and/or
regulations of the United States of America, the State of Texas, and the Parties, and any other
regulatory body having jurisdiction. This Agreement shall be construed and governed according
to the laws of the State of Texas
ARTICLE 21-AGREEMENT MODIFICATION
An agreement to change the terms of this Agreement will be valid only if the change is made in
writing and approved by mutual agreement of authorized representatives of the parties. The
contract period may be extended by mutual agreement of parties, which may be communicated
by email/letter, and will not require a formal modification of the Agreement.
This agreement may be executed in duplicate.
The terms and conditions in the Agreement will supersede, in the case of any discrepancies
between the Agreement and Prime Award.
[REMAINDER OF PAGE LEFT BLANK -- SIGNATURES TO FOLLOW]
Accepted for
City of Lubbock:
Ll--Q�
Daniel Pope
Mayor City of Lubbock
ATTEST:
Becky a, City ecret
August 10, 2021
Accepted for
Texas Tech University:
7.20.2021
Emily4Everette
Program Director
Date Date
S: cuyatt CITYATTUGHN LPD - Contracts Wellness SubawardBetweenCityOlLubbockandTTU (COL FINAL) doc
Exhibit A
Notice of Prime Award
EXHIBIT A
U.S. DEPARTMENT OF .JUSTICE
OFFICE. OI' CO\I\It N1TY ORn'\TI--D P0UCIKG SERVICE,
I�i \ So'cut. NE. \\w hinolon. D.C. 20iio
Chief Floyd Mitchell
Administrator Amber Aguilar
Lubbock Police Department
P.O. Box 2000
916 Texas Avenue
Lubbock, TX 79401
Re: COPS Office Law Enforcement Mental Health and Wellness Act (LEMHWA)
Award Number: 202OMHWXKO17
Project Title: Lubbock Peer Support Project
ORI: TX 15202
Dear Chief Mitchell and Administrator Aguilar:
On behalf of the Attorney General of the United States, William Barr, and the Office of Community Oriented Policing
Services (COPS Office), it is my pleasure to inform you that we have approved your proposal for the Lubbock Peer
Support Project through the Law Enforcement Mental Health and Wellness Act (LEMHWA) program in the amount
of $73,407.00. The COPS Office recognizes and appreciates your commitment to this very important initiative.
Contained in this packet is the Award Document, which shows an official award start date of 09/01;2020.
The Award Document contains terms, conditions, and requirements for your award. Be sure to familiarize yourself
with all terms, conditions, and requirements before signing and accepting your award. A limited number of agencies
may be subject to an Additional Award Notification as a result of an ongoing federal civil rights investigation, other
award review, or audit of your agency by the U.S. Department of Justice. If applicable to your agency, the Additional
Award Notification is included at the end of this letter and is incorporated by reference as part of this letter. In
addition, a limited number of agencies may be subject to Special Conditions as a result of high risk designation or
other unique circumstances. If applicable to your agency, these Special Conditions will be found in an Award
Document Supplement in your award package. To officially accept the award, electronically sign the
Award Document with the Award Terms and Conditions; the Cooperative Agreement that is incorporated by
reference into the Award Document; and, if applicable, the Special Award Conditions, High Risk Conditions or both
in the Award Document Supplement via the Account Access tab in the COPS Office website at %"%i co�s.usdoip I.
The awarded Government Executive/Financial Officer (GE FO) will need to establish an electronic signature in NexGen
in order to electronically sign important documents in the grant management process and accept the award. Please
contact the COPS Office Response Center at 800-421-6770 or send an email to askCopsRC@tisdoj.gov usdoj.gov to learn more
about the award acceptance process and establish e-signatures.
Please note that the Account Access tab will link to additional award acceptance euidance after September 22
2020. After this date. the NexGen A2enccy Portal Login will also no Ionizer be available
Recipients that have not signed the award document prior to September 22, 2020, will be required to complete the
award acceptance process and all future award management activities in the Department of Justice's Justice Grants
SN stem (JustGrants) which will launch on October 15, 2020. To accommodate this transition, the COPS Office has
extended the award acceptance period from 45 to 65 days from the date of this letter.
A supplemental online award package for FY 2020 LEMHWA award recipients can be found at
A1)VANCII\,IG h J h I IC �AFF l-Y I HIZOIJC;F1 C..0N1NA1 JNITY P01.1(71NG
ORI TX 15202 -Award 2020MHWXk017 - Award Letter 2020 - LEMHWA -Page 2 of 2
https: cops. usdoj.go%,lemhwa. We strongly encourage you to visit this site immediately to access a variety of
important and helpful documents associated with your award, including the LEMHWA Award Owner's Manual which
applies to all LEMHWA awards and specifies the terms, conditions, and requirements of your award. If you have any
questions about your award, please do not hesitate to call your Program Manager Camisha Amaker at 202-514-0197
or calnisha.amaker(«-usdoj.gov.
1 want to extend my personal appreciation for your efforts and congratulate you on this award. On behalf of the staff
at the COPS Office, we look forward to your progress on this important project.
Phillip E. Keith, Director, Date: 08. 18 2020
Additional Award Notification
ADVANC=INC, 1'UM IC SAFFTY Tf-11Z000H C.0n1ti11Jy11-1` I'C)I_ICINI:,
U.S. DEPARTMENT OF JUSTICE COPSOPFICF t>F COMMI'NITY ORIEN"1 FD POLICI\(; SI•:IZ\'ICI:,,
1-45 \ litlect. \F. Wl"llingtcxl. D-C, oiio
Award Document
COPS Office Law Enforcement Mental Health and Wellness Act (LEMHWA) Program
CFDA - 16.710 - Public Safety Partnership and Community Policing Grants
Treasury Account Symbol (TAS) 15XO406
Award Number: 202OMHWXK017
ORI Number: TX15202
OJP Vendor Number: 756000590
DUNS Number: 058213893
Applicant Organization's Legal Name: Lubbock Police Department
Applicant's System for Award Management (SAM) name:Lubbock, City Of
Project Title: Lubbock Peer Support Project
Law Enforcement Executive / Agency Executive: Chief Floyd Mitchell
Government Executive / Financial Official: Administrator Amber Aguilar
Award Start Date: 09/01/2020
Award End Date: 08/31/2022
Award Amount: $73,407.00
The FY 2020 La" Enforcement Mental Health and Wellness Act (LEMHWA) program provides funding to impro%e the deliver)
of and access to mental health and %%ellness services for lav, enforcement through training and technical assistance, demonstration
projects. and implementation of promising practices related to peer mentorino mental health and %%elhless programs.
The Financial Clearance Memorandum (FCM) and, if applicable. the Cooperati%e Agreement included in %our award package are
incorporated by reference in their entirety and shall become part of this A%%ard Document. By signing this Award Document. the
recipient agrees to abide by all FY 2020 Law Enforcement Mental Health and Wellness Act (LEMHWA) program Award Terns
and Conditions: the appro%ed budget in the FCM; if applicable. all requirements in the Cooperati%e Agreement, and. if applicable.
the Special Award Conditions and or High Risk Conditions in the Award Document Supplement.
Phillip E. Keith, Director, Date: 08 18:2020
(Signature Pending)
Signature of the Program Official with the Authority to
Accept this Grant Award
(Signature Pending)
Signature of the Financial Official with the Authority to
Accept this Grant Award
(Date Pending)
Date
(Date Pending)
Date
False statements or claims made in connection with COPS office awards may result in fines. imprisonment. debarment from
ADVANCING I'Mil IC: SAFFTY THROLKI[I (.01 INAUNITY P01 R-INNIG
ORI TX 15202 -Award 202OMHWXK017 -Award Document 2020 - LEMHWA - Page 2 of 2
participating to federal awards or contracts, and/or any remedy aN ailable by la« to the Federal Government
ADVANCING PUBLIC SAFFTY THROUGH C'ONIMUNITY POLICING
0RI TX 15202 - Award 2020MHWXK017 - Award Terms and Conditions 2020 - LEMH WA - Page 1 of 12
U.S. Department of Justice
Office of Community Oriented Policing Services
2020 Law Enforcement Mental Health and Wellness Act Program
Award Terms and Conditions
By signing the Award Document to accept this Law Enforcement Mental Health and Wellness Act award, your
agency agrees to abide by the following award terms and conditions:
1. Award Owner's Manual. The recipient agrees to comply with the terms and conditions in the applicable 2020
COPS Office Program Award Owner's Manual; COPS Office statute (34 U.S.C. § 10381, et seq.); the requirements of
2 C.F.R. Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards) as adopted by the U.S. Department of Justice in 2 C.F.R. § 2800.101; 48 C.F.R. Part 31(FAR Part 31) as
applicable (Contract Cost Principles and Procedures); the Cooperative Agreement as applicable; representations
made in the application; and all other applicable program requirements, laws, orders, regulations, or circulars.
2. Assurances and Certifications. The recipient acknowledges its agreement to comply with the Assurances and
Certifications forms that were signed as part of its application.
3. Allowable Costs. The funding under this award is for the payment of approved costs for program -specific
purposes. The allowable costs approved for your agency's award are limited to those listed in the Financial
Clearance Memorandum (FCM), which is included in your agency's award package. The FCM specifies the costs
that your agency is allowed to fund with your award. In accordance with 2 C.F.R. § 200.400(g), the recipient must
forgo any profit or management fee. Your agency may not use award funds for any costs not identified as
allowable in the FCM.
4. Supplementing, Not Supplanting. State, local, and tribal government recipients must use award funds to
supplement, and not supplant, state, local, or Bureau of Indian Affairs (BIA) funds that are already committed or
otherwise would have been committed for award purposes (hiring, training, purchases, and/or activities) during
the award period. In other words, state, local, and tribal government recipients may not use COPS Office funds to
supplant (replace) state, local, or BIA funds that would have been dedicated to the COPS Office -funded item(s) in
the absence of the COPS Office award. 34 U.S.C. § 10384(a).
S. Extensions. Your agency may request an extension of the award period to receive additional time to implement
your award program. Such extensions do not provide additional funding. Only those recipients that can provide a
reasonable justification for delays will be granted no -cost extensions. Extension requests must be received prior
to the end date of the award. 2 C.F.R. § 200.308(d)(2).
6. Modifications. Award modifications are evaluated on a case -by -case basis in accordance with 2 C.F.R. §
200.308. For federal awards in excess of $250,000, any modification request involving the reallocation of
funding between budget categories that exceed or are expected to exceed 10 percent (10%) of the total approved
budget requires prior written approval by the COPS Office. Regardless of the federal award amount or budget
modification percentage, any reallocation of funding is limited to approved budget categories. In addition, any
budget modification that changes the scope of the project requires prior written approval by the COPS Office.
7. Evaluations. The COPS Office may conduct monitoring or sponsor national evaluations of its award programs.
The recipient agrees to cooperate with the monitors and evaluators. 34 U.S.C. § 10385(b).
8. Reports/Performance Goals. To assist the COPS Office in monitoring and tracking the performance of your
award, your agency will be responsible for submitting semi-annual programmatic progress reports that describe
project activities during the reporting period and quarterly Federal Financial Reports using Standard Form 425
(SF-425). 2 C.F.R §§ 200.327 — 200.328. The progress report is used to track your agency's progress toward
ORI TX 15202 - Award 2020MHWXK017 - Award Terms and Conditions 2020 - LEMHWA - Paae 2 of 12
implementing community policing strategies and to collect data to gauge the effectiveness of increasing your
agency's community policing capacity through COPS Office funding. The Federal Financial Report is used to track
the expenditures of the recipient's award funds on a cumulative basis throughout the life of the award.
9. Award Monitoring Activities. Federal law requires that recipients receiving federal funding from the COPS
Office must be monitored to ensure compliance with their award conditions and other applicable statutes and
regulations. The COPS Office is also interested in tracking the progress of our programs and the advancement of
community policing. Both aspects of award implementation —compliance and programmatic benefits —are part
of the monitoring process coordinated by the U.S. Department of Justice. Award monitoring activities conducted
by the COPS Office may include site visits, office -based grant reviews, alleged noncompliance reviews, financial
and programmatic reporting, and audit resolution. As a COPS Office award recipient, you agree to cooperate with
and respond to any requests for information pertaining to your award. This includes all financial records, such
as general accounting ledgers and all supporting documents. All information pertinent to the implementation of
the award is subject to agency review throughout the life of the award, during the close-out process and for three -
years after submission of the final expenditure report. 34 U.S.C. § 10385(a) and 2 C.F.R. §§ 200.333 and 200.336.
10. Federal Civil Rights. The Applicant understands that the federal statutes and regulations applicable to the
award (if any) made by the Department based on the application specifically include statutes and regulations
pertaining to civil rights and nondiscrimination, and, in addition —
a. the Applicant understands that the applicable statutes pertaining to civil rights
will include section 601 of the Civil Rights Act of 1964 (42 U.S.C. § 2000d); section 504
of the Rehabilitation Act of 1973 (29 U.S.C. § 794); section 901 of the Education
Amendments of 1972 (20 U.S.C. § 1681); and section 303 of the Age Discrimination Act
of 1975 (42 U.S.C. § 6102);
b. the Applicant understands that the applicable statutes pertaining to
nondiscrimination may include section 809(c) of Title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (34 U.S.C. § 10228(c)); section 1407(e) of the Victims of
Crime Act of 1984 (34 U.S.C. § 20110(e)); section 299A(b) of the Juvenile Justice and
Delinquency Prevention Act of 2002 (34 U.S.C. § 11182(b)); and that the grant condition
set out at section 40002(b)(13) of the Violence Against Women Act (34 U.S.C. § 12291(b)
(13)), which will apply to all awards made by the Office on Violence Against Women,
also may apply to an award made otherwise;
C. the Applicant understands that it must require any subrecipient to comply with
all such applicable statutes (and associated regulations); and
d. on behalf of the Applicant, I make the specific assurances set out in 28 C.F.R. §§ 42.105 and
42.204.
The Applicant also understands that (in addition to any applicable program -specific regulations and to
applicable federal regulations that pertain to civil rights and nondiscrimination) the federal regulations
applicable to the award (if any) made by the Department based on the application may include, but are not
limited to, 2 C.F.R. Part 2800 (the DO1 "Part 200 Uniform Requirements") and 28 C.F.R. Parts 22 (confidentiality -
research and statistical information), 23 (criminal intelligence systems), 38 (regarding faith -based or religious
organizations participating in federal financial assistance programs), and 46 (human subjects protection).
11. Equal Employment Opportunity Plan (EEOPL All recipients of funding from the COPS Office must comply with
the federal regulations pertaining to the development and implementation of an Equal Employment Opportunity
Plan. 28 C.F.R. Part 42 subpart E.
ORI TX 15202 -Award 202OMHWXK017 - Award Terms and Conditions 2020 - LEMHWA - Page 3 of 12
12. False Statements. False statements or claims made in connection with COPS Office awards may result in
fines, imprisonment, debarment from participating in federal awards or contracts, and/or any other remedy
available by law.
13. Duplicative Funding. The recipient understands and agrees to notify the COPS Office if it receives, from any
other source, funding for the same item or service also funded under this award.
14. Additional Hieh-Risk Recipient Requirements The recipient agrees to comply with any additional requirements
that may be imposed during the award performance period if the awarding agency determines that the recipient is
a high -risk recipient. 2 C.F.R. § 200.207.
15. System for Award Management (SAM) and Universal Identifier Requirements The recipient agrees to comply
with the following requirements of 2 C.F.R. Part 25, Appendix A to Part 25 — Award Term:
I. System for Award Management and Universal Identifier Requirements
A. Requirement for System for Award Management
Unless you are exempted from this requirement under 2 C.F.R. § 25.110, you as the
recipient must maintain the currency of your information in the SAM until you submit
the final financial report required under this award or receive the final payment,
whichever is later. This requires that you review and update the information at least
annually after the initial registration, and more frequently if required by changes in
your information or another award term.
B. Requirement for unique entity identifier
If you are authorized to make subawards under this award, you:
1. Must notify potential subrecipients that no entity (see definition in paragraph C
of this award term) may receive a subaward from you unless the entity has provided
its unique entity identifier to you.
2. May not make a subaward to an entity unless the entity has provided its unique
entity identifier to you.
C. Definitions
For purposes of this award term:
1. System forAward Management (SAM) means the Federal repository into which an
entity must provide information required for the conduct of business as a recipient.
Additional information about registration procedures may be found at the SAM Internet
site (currently at httos://www.sam.gov).
2. Unique entity identifier means the identifier required for SAM registration to
uniquely identify business entities.
3. Entity, as it is used in this award term, means all of the following, as defined
at 2 C.F.R. Part 25, subpart C:
a. A Governmental organization, which is a State, local government, or Indian Tribe;
ORI TX 15202 -Award 202OMHWXK017 -Award Terms and Conditions 2020 - LEMHWA -Page 4 of 12
b. A foreign public entity;
C. A domestic or foreign nonprofit organization;
d. A domestic or foreign for -profit organization; and
e. A Federal agency, but only as a subrecipient under an award or subaward to a non -
Federal entity.
4. Subaward:
a. This term means a legal instrument to provide support for the performance of
any portion of the substantive project or program for which you received this
award and that you as the recipient award to an eligible subrecipient.
b. The term does not include your procurement of property and services
needed to carry out the project or program (for further explanation, see 2 C.F.R. §
200.330).
C. A subaward may be provided through any legal agreement, including an
agreement that you consider a contract.
5. Subrecipient means an entity that:
a. Receives a subaward from you under this award; and
b. Is accountable to you for the use of the Federal funds provided by the subaward.
16. Reporting Subawards and Executive Compensation The recipient agrees to comply with the following
requirements of 2 C.F.R. Part 170, Appendix A to Part 170 — Award Term:
I. Reporting Subawards and Executive Compensation.
a. Reporting of first-tiersubawards.
Applicability. Unless you are exempt as provided in paragraph d. of this award term,
you must report each action that obligates $25,000 or more in Federal funds that
does not include Recovery funds (as defined in section 1512(a)(2) of the American
Recovery and Reinvestment Act of 2009, Pub. L. 111-5) for a subaward to an entity
(see definitions in paragraph e. of this award term).
2. Where and when to report.
i. You must report each obligating action described in paragraph a.1. of this award term to
https.11www. fsrs. go v_
ii. For subaward information, report no later than the end of the month following
the month in which the obligation was made. (For example, if the obligation
was made on November 7, 2010, the obligation must be reported by no later
than December 31, 2010.)
ORI TX15202 -Award 202OMHWXK017 - Award Terms and Conditions 2020 - LEMHWA -Page 5 of 12
What to report. You must report the information about each obligating
action that the submission instructions posted at https://www.fsrs.gov
specify.
b. Reporting Total Compensation of Recipient Executives.
Applicability and what to report. You must report total compensation for each of
your five most highly compensated executives for the preceding completed fiscal
year, if —
the total Federal funding authorized to date under this award is $25,000 or more;
ii. in the preceding fiscal year, you received —
(A) 80 percent or more of your annual gross revenues from Federal
procurement contracts (and subcontracts) and Federal financial
assistance subject to the Transparency Act, as defined at 2 C.F.R. §
170.320 (and subawards); and
(B) $25,000,000 or more in annual gross revenues from Federal
procurement contracts (and subcontracts) and Federal financial assistance
subject to the Transparency Act, as defined at 2 C.F.R. § 170.320 (and
subawards); and
iii. The public does not have access to information about the compensation of the
executives through periodic reports filed under section 13(a) or 15(d) of the
Securities Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d)) or section 6104 of
the Internal Revenue Code of 1986. (To determine if the public has access to the
compensation information, see the U.S. Security and Exchange Commission total
compensation filings at https://www.sec.gov/answers/execomp.htm.)
Where and when to report. You must report executive total compensation
described in paragraph b.1. of this award term:
i. As part of your registration profile at https://www.sam.gov.
ii. By the end of the month following the month in which this award is made,
and annually thereafter.
C. Reporting of Total Compensation of Subrecipient Executives.
Applicability and what to report. Unless you are exempt as provided in paragraph d.
of this award term, for each first -tier subrecipient under this award, you shall
report the names and total compensation of each of the subrecipient's five most
highly compensated executives for the subrecipient's preceding completed fiscal
year, if —
i. in the subrecipient's preceding fiscal year, the subrecipient received —
(A) 80 percent or more of its annual gross revenues from Federal
procurement contracts (and subcontracts) and Federal financial
assistance subject to the Transparency Act, as defined at 2 C.F.R. §
ORI TX 15202 -Award 202OMHWXK017 - Award Terms and Conditions 2020 - LEMHWA -Page 6 of 12
170.320 (and subawards); and
(B) $25,000,000 or more in annual gross revenues from Federal
procurement contracts (and subcontracts), and Federal financial
assistance subject to the Transparency Act (and subawards); and
ii. The public does not have access to information about the compensation of the
executives through periodic reports filed under section 13(a) or 15(d) of the
Securities Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d)) or section 6104 of
the Internal Revenue Code of 1986. (To determine if the public has access to the
compensation information, see the U.S. Security and Exchange Commission total
compensation filings at https.11www.sec.gov/answerslexecomp.htm.)
2. Where and when to report. You must report subrecipient executive total
compensation described in paragraph c.l. of this award term:
i. To the recipient.
ii. By the end of the month following the month during which you make the
subaward. For example, if a subaward is obligated on any date during the
month of October of a given year (i.e., between October 1 and 31), you must
report any required compensation information of the subrecipient by November
30 of that year.
d. Exemptions
If, in the previous tax year, you had gross income, from all sources, under $300,000, you
are exempt from the requirements to report:
i. Subawards, and
ii. The total compensation of the five most highly compensated executives of any
subrecipient.
e. Definitions. For purposes of this award term:
Entity means all of the following, as defined in 2 C.F.R. Part 25:
i. A Governmental organization, which is a State, local government, or Indian tribe;
ii. A foreign public entity;
iii. A domestic or foreign nonprofit organization;
iv. A domestic or foreign for -profit organization;
v. A Federal agency, but only as a subrecipient under an award or subaward to
a non -Federal entity.
Executive means officers, managing partners, or any other employees in management
positions.
ORI TX15202 -Award 202OMHWXK017 -Award Terms and Conditions 2020 - LEMHWA -Page 7 of 12
Subaward:
i. This term means a legal instrument to provide support for the performance of
any portion of the substantive project or program for which you received this
award and that you as the recipient award to an eligible subrecipient.
ii. The term does not include your procurement of property and services needed
to carry out the project or program (for further explanation, see Sec. .210 of
the attachment to OMB Circular A-133, "Audits of States, Local Governments,
and Non -Profit Organizations").
iii. A subaward may be provided through any legal agreement, including an
agreement that you or a subrecipient considers a contract.
4. Subrecipient means an entity that:
i. Receives a subaward from you (the recipient) under this award; and
ii. Is accountable to you for the use of the Federal funds provided by the subaward.
Total compensation means the cash and noncash dollar value earned by the
executive during the recipient's or subrecipient's preceding fiscal year and includes
the following (for more information see 17 C.F.R. § 229.402(c)(2)):
i. Salary and bonus.
ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar
amount recognized for financial statement reporting purposes with respect
to the fiscal year in accordance with the Statement of Financial Accounting
Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments.
iii. Earnings for services under non -equity incentive plans. This does not include
group life, health, hospitalization or medical reimbursement plans that do
not discriminate in favor of executives, and are available generally to all
salaried employees.
iv. Change in pension value. This is the change in present value of defined benefit
and actuarial pension plans.
V. Above -market earnings on deferred compensation which is not tax -qualified.
vi. Other compensation, if the aggregate value of all such other compensation
(e.g. severance, termination payments, value of life insurance paid on behalf of
the employee, perquisites or property) for the executive exceeds $10,000.
17. Debarment and Suspension. The recipient agrees not to award federal funds under this program to any party
which is debarred or suspended from participation in Federal assistance programs. 2 C.F.R. Part 180
(Governmentwide Nonprocurement Debarment and Suspension) and 2 C.F.R. Part 2867 (DOJ Nonprocurement
Debarment and Suspension).
18. Employment Eligibility. The recipient agrees to complete and keep on file, as appropriate, the Department of
Homeland Security, U.S. Citizenship and Immigration Services (USCIS) Employment Eligibility Verification Form (I-
OR[ TX 15202 -Award 202OMHWXK017 - Award Terms and Conditions 2020 - LEMHWA -Page 8 of 12
9). This form is to be used by recipients of federal funds to verify that persons are eligible to work in the United
States. Immigration Reform and Control Act of 1986 (IRCA), Public Law 99-603.
19. Enhancement of Contractor Protection from Reprisal for Disclosure of Certain Information The recipient
agrees not to discharge, demote, or otherwise discriminate against an employee as reprisal for the employee
disclosing information that he or she reasonably believes is evidence of gross mismanagement of a federal
contract or award; a gross waste of federal funds; an abuse of authority relating to a federal contract or award; a
substantial and specific danger to public health or safety; or a violation of law, rule, or regulation related to a
Federal contract (including the competition for or negotiation of a contract) or award. The recipient also agrees
to provide to their employees in writing (in the predominant native language of the workforce) of the rights and
remedies provided in 41 U.S.C. § 4712. Please see appendices in the Award Owner's Manual for a full text of the
statute.
20. Mandatory Disclosure. Recipients and subrecipients must timely disclose in writing to the COPS Office or
pass -through entity, as applicable, all federal criminal law violations involving fraud, bribery, or gratuity that
may potentially affect the awarded federal funding. Recipients that receive an award over $500,000 must also
report certain civil, criminal, or administrative proceedings in SAM, and are required to comply with the Term
and Condition for Recipient Integrity and Performance Matters as set out in 2 C.F.R. Part 200, Appendix XII to Part
200. Failure to make required disclosures can result in any of the remedies, including suspension and debarment,
described in 2 C.F.R. § 200.338.
21. Conflict of Interest. Recipients and subrecipients must disclose in writing to the COPS Office or pass -through
entity, as applicable, any potential conflict of interest affecting the awarded federal funding in accordance with 2
C.F.R. § 200.112.
22. Contract Provision. All contracts made by the award recipients under the federal award must contain the
provisions required under 2 C.F.R. Part 200, Appendix II to Part 200—Contract Provisions for Non -Federal Entity
Contracts Under Federal Awards. Please see appendices in the Award Owner's Manual for a full text of the
contract provisions.
23. Restrictions on Internal Confidentiality Agreements. No recipient or subrecipient under this award, or entity
that receives a contract or subcontract with any funds under this award, may require any employee or contractor
to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts the lawful
reporting of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department
or agency authorized to receive such information. Consolidated Appropriations Act, 2020, Public Law 116-93,
Division C, Title VII, Section 742.
24. Recipient Integrity and Performance Matters. For awards over $500,000, the recipient agrees to comply with
the following requirements of 2 C.F.R. Part 200, Appendix XII to Part 200 — Award Term and Condition for Recipient
Integrity and Performance Matters:
A. Reporting of Matters Related to Recipient Integrity and Performance
General Reporting Requirement
If the total value of your currently active awards, cooperative agreements, and
procurement contracts from all Federal awarding agencies exceeds
$10,000,000 for any period of time during the period of performance of this
Federal award, then you as the recipient during that period of time must
maintain the currency of information reported to the System for Award
Management (SAM) that is made available in the designated integrity and
performance system (currently the Federal Awardee Performance and Integrity
ORI TX 15202 - Award 2020MHWXKO17 - Award Terms and Conditions 2020 - LEMHWA - Page 9 of 12
Information System (FAPIIS)) about civil, criminal, or administrative
proceedings described in paragraph 2. of this award term and condition. This
is a statutory requirement under section 872 of Public Law 110-417, as
amended (41 U.S.C. 2313). As required by section 3010 of Public Law 111-212,
all information posted in the designated integrity and performance system on
or after April 15, 2011, except past performance reviews required for Federal
procurement contracts, will be publicly available.
2. Proceedings About Which You Must Report
Submit the information required about each proceeding that:
a. Is in connection with the award or performance of an award,
cooperative agreement, or procurement contract from the Federal
Government;
Reached its final disposition during the most recent five year period; and
Is one of the following:
(1) A criminal proceeding that resulted in a conviction, as defined
in paragraph 5. of this award term and condition;
(2) A civil proceeding that resulted in a finding of fault and
liability and payment of a monetary fine, penalty, reimbursement,
restitution, or damages of $5,000 or more;
(3) An administrative proceeding, as defined in paragraph 5. of
this award term and condition, that resulted in a finding of fault
and liability and your payment of either a monetary fine or penalty
of $5,000 or more or reimbursement, restitution, or damages in
excess of $100,000; or
(4) Any other criminal, civil, or administrative proceeding if:
i. It could have led to an outcome described in paragraph
2.c.(1), (2), or (3) of this award term and condition;
ii. It had a different disposition arrived at by consent or
compromise with an acknowledgment of fault on your part; and
iii. The requirement in this award term and condition
to disclose information about the proceeding does not
conflict with applicable laws and regulations.
3. Reporting Procedures
Enter in the SAM Entity Management area the information that SAM requires
about each proceeding described in paragraph 2. of this award term and
condition. You do not need to submit the information a second time under
assistance awards that you received if you already provided the information
through SAM because you were required to do so under Federal procurement
ORI TXI5202 - Award 2020MHWXK017 - Award Terms and Condihons 2020 - LEMH WA - Page 10 of 12
contracts that you were awarded.
4. Reporting Frequency
During any period of time when you are subject to the requirement in
paragraph 1. of this award term and condition, you must report proceedings
information through SAM for the most recent five year period, either to
report new information about any proceeding(s) that you have not reported
previously or affirm that there is no new information to report. Recipients
that have Federal contract, award, and cooperative agreement awards with a
cumulative total value greater than $10,000,000 must disclose
semiannually any information about the criminal, civil, and administrative
proceedings.
5. Definitions
For purposes of this award term and condition:
a. Administrative proceeding means a non -judicial process that is
adjudicatory in nature in order to make a determination of fault or liability
(e.g., Securities and Exchange Commission Administrative proceedings,
Civilian Board of Contract Appeals proceedings, and Armed Services Board of
Contract Appeals proceedings). This includes proceedings at the Federal and
State level but only in connection with performance of a Federal contract or
award. It does not include audits, site visits, corrective plans, or inspection of
deliverables.
b. Conviction, for purposes of this award term and condition, means a
judgment or conviction of a criminal offense by any court of competent
jurisdiction, whether entered upon a verdict or a plea, and includes a
conviction entered upon a plea of nolo contendere.
C. Total value of currently active awards, cooperative
agreements, and procurement contracts includes —
(1) Only the Federal share of the funding under any Federal award
with a recipient cost share or match; and
(2) The value of all expected funding increments under a Federal award
and options, even if not yet exercised.
25. Citizenship and Immigration Status Communications
Authority to obligate or expend contingent on compliance with this condition
NOTE: This grant condition is established under the COPS Office's broad authority and discretion to award and
administer grants. See, e.g., 34 U.S.C. § 10381, et seq. This condition applies only to state or local government
entities or to non -state or local government entities that make subawards with these funds to a state or local
government entity.
State or local government entity recipients of this award, and any subrecipient of this award at any tier that is an
entity of a State or of a unit of local government, may not obligate or expend award funds if — at the time of the
obligation or expenditure — the "program or activity" of the recipient funded in whole or in part with the award
ORI TX 15202 - Award 202OMHWXKO17 - Award Terms and Conditions 2020 - LEMHWA - Page I 1 of 12
funds (which includes any such program or activity of any subrecipient at any tier) is subject to any prohibitions
or restrictions on sending to, requesting or receiving from, maintaining, or exchanging information regarding
citizenship or immigration status with components of the U.S. Department of Homeland Security or any federal,
state or local government entity, as generally described in 8 U.S.C. 1373(a) or (b). This includes any prohibitions
or restrictions imposed or established by a state or local government entity or official.
A subrecipient of this award (at any tier) that is an entity of a State or of a unit of local government may not
obligate or expend award funds if — at the time of the obligation or expenditure — the "program or activity" of the
subrecipient (which includes any such program or activity of any subrecipient at any further tier) funded (in
whole or in part) with award funds is subject to any prohibitions or restrictions on sending to, requesting or
receiving from, maintaining, or exchanging information regarding citizenship or immigration status with
components of the U.S. Department of Homeland Security or any federal, state or local government entity, as
generally described in 8 U.S.C. 1373(a) or (b). This includes any prohibitions or restrictions imposed by a state or
local government entity or official.
Any obligations or expenditures of a recipient or subrecipient that are impermissible under this condition shall
be unallowable costs for purposes of this award.
Rules of Construction. For purposes of this condition, "program or activity" means what it means under section
606 of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d-4a).
References to the Immigration and Naturalization Service in 8 U.S.C. 1373 are to be read, as a legal matter, as
references to particular components of the U.S. Department of Homeland Security.
Should any provision of a condition of this award be held to be invalid or unenforceable by its terms, then that
provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law
(to any person or circumstance) under this award. Should it be held, instead, that a condition (or a provision
thereof) is of utter invalidity or unenforceability, such condition (or such provision) shall be deemed severable
from this award.
Any questions about the meaning or scope of this condition should be directed, prior to acceptance of this award,
to the Office of Community Oriented Policing Services Legal Division at 202-514-3750.[neacl]
26. Computer Network Requirement. The recipient understands and agrees that no award funds may be used to
maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging
of pornography. Nothing in this requirement limits the use of funds necessary for any federal, state, tribal, or
local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or
adjudication activities. Consolidated Appropriations Act, 2020, Public Law 116-93, Division B, Title V, Section
527.
27. Travel Costs. Travel costs for transportation, lodging and subsistence, and related items are allowable with
prior approval from the COPS Office. Payment for allowable travel costs will be in accordance with 2 C.F.R. §
200.474.
28. Sole Source Justification. Recipients who have been awarded funding for the procurement of an item (or group
of items) or service in excess of $250,000 and who plan to seek approval for use of a noncompetitive
procurement process must provide a written sole source justification to the COPS Office for approval prior to
obligating, expending, or drawing down award funds for that item or service. 2 C.F.R. § 200.324(b)(2).
29. Public Release Information. The recipient agrees to submit one copy of all reports and proposed publications
resulting from this award ninety (90) days prior to public release. Any publications (written, curricula, visual,
sound, reports, or websites) or computer programs, whether or not published at government expense, shall
contain the following statement:
0R1 TX15202 - Award 2020MHWXK017 - Award Terms and Conditions 2020 - LEMHWA - Page 12 of 12
"This project was supported, in whole or in part, by federal award number 202OMHWXK017 awarded to
Lubbock Police Department by the U.S. Department of Justice, Office of Community Oriented Policing
Services. The opinions contained herein are those of the author(s) or contributor(s) and do not
necessarily represent the official position or policies of the U.S. Department of Justice. References to
specific individuals, agencies, companies, products, or services should not be considered an
endorsement by the author(s), contributor(s), or the U.S. Department of Justice. Rather, the references
are illustrations to supplement discussion of the issues.
The internet references cited in this publication were valid as of the date of publication. Given that URLs
and websites are in constant flux, neither the author(s) nor the COPS Office can vouch for their current
validity."
30. News Media. The recipient agrees to comply with the COPS Office policy on contact with the news media. The
policy establishes the COPS Office Communications Division as the principal point of contact for the news media
for issues relevant to the COPS Office or parameters of this award. The recipient agrees to refer all media
inquiries on these topics directly to the COPS Office Communications Division at 202-514-9079.
31. Paperwork Reduction Act Clearance and Privacy Act Review. The recipient agrees, if required, to submit all
surveys, interview protocols, and other information collections to the COPS Office for submission to the Office of
Management and Budget (OMB) for clearance under the Paperwork Reduction Act (PRA). Before submission to
OMB, all information collections that request personally identifiable information must be reviewed by the COPS
Office to ensure compliance with the Privacy Act. The Privacy Act compliance review and the PRA clearance
process may take several months to complete. 44 U.S.C. §§ 3501-3520 and 5 U.S.C. § 552a.
32. Human Subjects Research. The recipient agrees to comply with the provisions of the U.S. Department of
Justice's common rule regarding Protection of Human Subjects, 28 C.F.R. Part 46, prior to the expenditure of
Federal funds to perform such activities, if applicable. The recipient also agrees to comply with 28 C.F.R. Part 22
regarding the safeguarding of individually identifiable information collected from research participants.
33. Copyright. If applicable, the recipient may copyright any work that is subject to copyright and was developed,
or for which ownership was acquired, under this award in accordance with 2 C.F.R. § 200.315(b). The COPS Office
reserves a royalty -free, nonexclusive and irrevocable license to reproduce, publish, or otherwise use the work, in
whole or in part (including create derivative works), for Federal Government purposes, and to authorize others to
do so. The COPS Office also reserves the right, at its discretion, not to publish deliverables and other materials
developed under this award as a U.S. Department of Justice resource.
Products and deliverables developed with award funds and published as a U.S. Department of Justice resource
will contain the following copyright notice:
"This resource was developed under a federal award and may be subject to copyright. The U.S.
Department of Justice reserves a royalty -free, nonexclusive, and irrevocable license to reproduce,
publish, or otherwise use the work for Federal Government purposes and to authorize others to do so.
This resource may be freely distributed and used for noncommercial and educational purposes only."
U.S. DEPARTMENT OF JUSTICE
011:10:: OF COMMUNITY OR11WIT:u PQ1.1C1\c; Sl-�livlca;s
145 N S(rCCI. NE. Washinolon. D.(., 21)iiU
Financial Clearance Memorandum
COPS Office Law Enforcement Mental Health and Wellness Act
(LEMHWA) Program
To: Chief Mitchell and Administrator Aguilar:
Re: Financial Clearance Memorandum
A financial analysis of budgeted costs has been completed. Costs under this award appear reasonable,
allowable, and consistent with existing guidelines. Exceptions/Adjustments are noted below.
OR14: TX15202 Award #: 202OMHWXKO17
Budget Category
Proposed
Approved
Change
B. Civilian and Non -Sworn Personnel
$24,960.00
$24,960.00
$0.00
Salary
$24.960 00
S24.960.00
$0.00
Benefits'
$0 00
$0.00
S0.00
C. Equipment and Technology
$0.00
$0.00
$0.00
D. Supplies
$23,610.00
$9,820.00
-$ l 3,790.00
E. Travel, Training, and Conferences
$5,957.00
$5,957.00
$0.00
F. Contracts and Consultants
$25,996.20
$25,996.20
$0.00
G. Other Costs
$0.00
$0.00
$0.00
H. Indirect Costs
$9.591.00
$6,673.32
-$2,917.68
B. Civilian and Non -Sworn Personnel
Item
Cost
Qty Total
Change Reason
Intern
$24,960.00
1 $24,960.00
$0.00
salary:
S2.1, 960.00
S241960.00
$o. n0
- Yearl:
S12.480.00
S12.480.00
S0.00
- f'ear2:
S 12, 480. 00
S12,480.00
S 0. 00
Benefits:
S0.00
Sn.00
$o.00
- Yearl:
$0.00
SO.00
S0.00
- Year2:
$0.00
$n. on
$0.00
ADVANCING I'UR1.IC, SAFFIY 'I'llIWl G,H C.Ot`'Irt-AONIlY I'01_ICINC,
ORI TX 15202 - Award 202OMHW XK017 - Award Financial Clearance Memo 2020 - LEMHWA - Page 2 of 4
C. Equipment and Technology
Item
D. Supplies
Item
Television Monitors 60
inch
Television wall mounts
Amazon Fire TV Stick
Xibo licensing fee to place
Android on Amazon Fire
TV stick
Webpage and webpage
maintenance
Brouchures- Gloss and
color trifold
Self Help posters
Mental Health and
Wellness Related Books
Bookshelf
Marketing Items
Cost
Cost
$0.00
$0.00
$0.00
$0.00
$6,600.00
$0.13
$20.00
$30.00
$100.00
$0.00
E. Travel, Training, and Conferences
Qty Total Change Reason
Qty
Total
Change
Reason
0
$0.00
$7,260.00
Unallowable
cost
0
$0.00
-$880.00
Unallowable
cost
0
$0.00
$1,100.00
Unallowable
cost
0
$0.00
-$550.00
Unallowable
cost
1
$6,600.00
$0.00
4,000
$520.00
$0.00
50
$1,000.00
$0.00
40
$1,200.00
$0.00
5
$500.00
$0.00
0
$0.00
$4,000.00
Unallowable
cost
Item
Cost
Qty
Total
Change Reason
Training for new peer
$1,090.50
4
$4,362.00
$0.00
support officer
Site Visit Odessa, TX
$278.00
2
$556.00
$0.00
Site Visit Mesquite, TX
$519.50
2
$1,039.00
$0.00
F. Contracts and Consultants
Item
Cost
Qty
Total
Change Reason
Dr. Megan Thoen
$41.66
240
$9,998.40
$0.00
ADVANCING
1'Ulil_IC. SAFETY
I'Hlk000H
COl\4MUNITY
POLICING
ORI TX 15202 -Award 2020MHWXK017 -Award Financial Clearance Memo 2020 - LEMHWA -Page 3 of 4
Dr. Andy Young $41.66 240 $9,998.40 $0.00
Dr. Brandi Pina-Watson $33.33 180 $5,999.40 $0.00
G. Other Costs
Item Cost Qty Total
H. Indirect Costs
Item Cost Qty Total
Lubbock Police $66,733.20 10.00% $6,673.32
Department De Minimus
Lubbock Police
D$0.00 0.00°.0 $0.00
Department Year two
Notes:
N/A
Change Reason
Change Reason
$3,685.32
Unsupported
$6,603.00 cost
al Budget Costs: 73,407.00 Federal Share: 73,407.00 _ Applicant Share: 0.00
ot
Budget Cleared Date: 09/14/2020
Overall Comments:
All costs listed in this budget were programmatically approved based on the final Budget Detail Worksheets
submitted by your agency to the COPS Office. Maintenance agreements (if applicable) must be purchased and
paid in full within the award period. Prior to the obligation, expenditure or drawdown of award funds for non-
competitive contracts in excess of $250,000, the recipient must submit a sole source justification to the COPS
Office for review and approval. Prior to the obligation, expenditure, or drawdown of award funds for
consultant fees in excess of $650 per day when the consultant is hired through a noncompetitive bidding
process, approval must be obtained from the COPS Office. If the vendor number on this form differs from the
EIN number included in your application, then for administrative purposes only, we are assigning a different
vendor number to your agency. The reason for this administrative change is that your original EIN number has
been assigned to another agency. If this applies to your agency, please use the new vendor number on all
financial documents related to this award. The vendor number should not be used for IRS purposes and only
applies to this award.
Additional Comments:
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N/A
ADVANCING 1"IMLIC SAFFTY I HROUGH COMMUNITY POLICING
U.S. DEPARTMENT OF JUSTICE COP'S
OFFICE OF CONI\IL NITY ORIENTED h0I,ICIVG 0--s' SFRV1
1-45 \ Street. \E. \\a.ltin;,uon. 1).G 05it)
Cooperative Agreement
Award Number 202OMHWXK017
Lubbock Police Department
TX15202
I. Statement of authority
This cooperative agreement between the Lubbock Police Department ("recipient") and the U.S.
Department of Justice Office of Community Oriented Policing Services ("COPS Office") is hereby
entered into under the authority of 34 U.S.C. 10381 et seq. The purposes of this cooperative agreement
are described below.
Il. Statement of background and purpose
A. Background:
In the beginning of 2020, the Lubbock Police Department (LPD) experienced the devastating
loss of an officer that was involved in a line -of -duty motor vehicle accident, an officer in crisis
attempt suicide and another die by suicide. During the after -math of these events, the LPD staff
scrambled to get resources in place for the officers who were on scene and for officers who
were acquainted with the deceased. Limited resources were in place for crisis situations with
LPD staff. Further, the two officer mental health critical incidents demonstrated a lack of mental
health, peer mentoring support preparedness and resources for everyday professional and
personal stressors. These events of 2020 illustrated the fact that LPD is in need of a structured
and permanent mental health wellness program and a peer -to -peer support program.
B. Primary objective:
The Lubbock Police Department (TX) project has two overarching goals to improve and
sustain mental health: 1) To implement a new peer mentoring program at LPD, and 2) Develop
and Implement Mobile Accessibility to Wellness Resources.
III. Scope of Work
For a period hereinafter set forth, the COPS Office and the recipient will cooperatively furnish the
necessary personnel, travel, supplies, and otherwise perform all things necessary for, or incident to, the
performance of work (the accomplishment of functional objectives) as set forth here:
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A. Specifically, the COPS Office will do the following:
1. Designate a program manager to participate in the planning and management of this
cooperative agreement and to coordinate project activities.
2. Provide information and technical assistance from government sources within available
resources and as determined appropriate by the program manager.
3. Provide guidance to the recipient in the planning and development of strategies used in the
project and in the coordination of the project with law enforcement agencies and organizations
interested in contributing their support.
4. Work with the recipient to meet the designated project tasks and timelines.
5. Review and approve required reports specific to each cooperative agreement, which may
include periodic progress and financial reports, deliverables, evaluations, and other
documentation requiring COPS Office approval for successf it award administration.
6. Review and approve all training processes and deliverables including newly developed in -
person or online training, pre-existing in -person or online training, all supplemental and
additional resources, all trainers, and all marketing efforts.
7. Review and approve all project deliverables including innovation and pilot program
publications, microgrant project publications, partnerships project publications, and all
multimedia deliverables and marketing efforts.
8. Review and approve all proposed changes in key staff assignments to the project and any
significant changes in the partner's and/or subrecipient's role or responsibilities.
9. Review and approve all proposed writers of any project deliverables.
10. Review and approve all subject matter experts (SME) and their assignments to any project
deliverable.
11. Review and approve all subrecipients and formal partners.
12. Permit the recipient to copyright any work that is subject to copyright and was developed
or for which ownership was acquired under this cooperative agreement in accordance with 2
C.F.R. § 200.315(b). The COPS Office reserves a royalty -free, nonexclusive and irrevocable
license to reproduce, publish, or otherwise use the work, in whole or in part (including create
derivative works), for Federal Government purposes and to authorize others to do so. The
COPS Office license applies to (1) the copyright in any work developed under this
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cooperative agreement including any related subaward or contract and (2) any rights of
copyright to which the recipient, including its subrecipient or contractor, purchases ownership
with support from this cooperative agreement. In addition, the COPS Office may make any
work that was developed or purchased under this cooperative agreement publicly available by
any means without restriction, including on a U.S. Department of Justice website or social
media account, as a hard copy, or in electronic form. The COPS Office also reserves the right,
at its discretion, not to publish deliverables and other materials (e.g., reports, publications,
manuals, and training curricula) developed under this cooperative agreement as U.S.
Department of Justice resources.
B. Specifically, the recipient will do the following:
1. Designate a project officer to work closely with the COPS Office and its designated
program manager to achieve the tasks specified in this cooperative agreement. The project
officer must be an employee (not a contractor or consultant) of the recipient organization and
have the authority to propose and approve modifications pursuant to Section VIII. of this
cooperative agreement.
2. Be responsible for acquiring the rights, and ensuring that its subrecipients, contractors , and
authors acquire the rights - including the payment of required fees, to use copyrighted material
for inclusion in deliverables that are developed under this cooperative agreement. All licensing,
publishing or similar agreements with a copyright holder, publisher or other relevant party must
include provisions giving the COPS Office a royalty -free, non-exclusive, and irrevocable
license to reproduce, publish, or otherwise use the work, in whole or in part (including create
derivative works), for Federal Government purposes, and to authorize others to do so. If
recipient retains a contractor or consultant to author or co-author a work under this
cooperative agreement, the recipient must ensure that there is a written agreement with the
contractor or consultant that either explicitly: (1) assigns and transfers all rights to the copyright
in the work to the recipient for the full term of copyright or, if a copyright transfer is not
feasible, (2) awards the COPS Office the same royalty -free, nonexclusive and irrevocable
license to use, and authorize others to use, the work for Federal Government purposes as
outlined in this cooperative agreement.
3. Represent and warrant that all deliverables under this cooperative agreement were produced
in a manner that does not knowingly infringe upon or misappropriate the intellectual property
rights, or violate the right to privacy, of any third party. The recipient will be responsible for
defending or settling at its own expense any and all third party claims and liabilities arising out
of or in connection with any infringement action related to work that was developed or for
which ownership was acquired, under this cooperative agreement.
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4. Provide further detail on project plans as requested by the program manager
5. Adhere to the requirements or tasks specified in this cooperative agreement and not deviate
from them unless requested adjustments are first presented to and approved by the program
manager.
6. Submit for prior approval or disapproval to the program manager any proposed changes in
key staff assignments to this project and any significant changes in any partner's and/or
subrecipient's role or responsibilities.
7. Submit for prior approval to the program manager proposed writers of any project
deliverables. The program manager will need to review each writer's resume and writing
sample before approving the writer.
8. Submit for prior approval to the COPS Office program manager proposed SMEs to be
used on the project. The COPS Office program manager will review each SME's resume
before approving the SME.
9.Obtain written approval from the COPS Office prior to obligating, expending, or drawing
down cooperative agreement fiends for the award of noncompetitive contracts for goods or
services (including equipment purchases) in excess of $250,000. See 2 C.F.R. § 200.324(b)
(2)•
10. Ensure that all proposed deliverables and publications follow and are in accordance with
the COPS Office Editorial and Graphics Style Manual, which includes that all nonoriginal work
should be credited as appropriate.
11. Submit one copy of all reports and proposed products and deliverables (written, visual, or
sound; curricula, reports, or websites) or computer programs resulting from this cooperative
agreement to the program manager at least 90 days prior to public release to allow for COPS
Office review and feedback.
12. Include the following statement for all products and deliverables developed under this
cooperative agreement (including written, visual, sound, websites, or any other format):
This project was .supported, in whole or in part, by federal award number
202OMHWXK017 awarded to [entity] by the U.S. Department of Justice., Office of
Community Oriented Policing Services. The opinions contained herein are those of the
author(s) or contributor(s) and do not necessarily represent the official position or
policies of the U.S. Department of Jzistice. References to specific individuals, agencies,
companies, products, or services should not be considered an endorsement by the
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author(s), contributors, or the U.S. Department of Justice. Rather, the references are
illustrations to supplement discussion of the issues.
The Internet references cited in this publication were valid as of the date of this
publication. Given that URLs and websites are in constant flux, neither the authors) nor
the COPS Office can vouch for their current validity.
Products and deliverables developed with award funds and published as a U.S. Department
of Justice resource will contain the following copyright notice:
This resource was developed under a federal award and may be .subject to copyright. The
U.S. Department ofJitstice reserves a royalty free, nonexclusive, and irrevocable license
to reproduce, publish, or otherwise use the work for Federal Government purposes and
to authorize others to do so. This resource may be freely distributed and used for
noncommercial and educational purposes only.
13. Contact the program manager to determine if revenue generated from your award
constitutes program income. Program income must be used to defray program costs and
reduce the federal share of the project. See 2 C.F.R. § 200.307. In some cases, the recipient
can work with the program manager to identify additional project -related allowable costs that
could be supported by program income.
14. Forego any profit or management fee. See 2 C.F.R. § 200.400(g).
15. Ensure that all electronic and information technology deliverables (websites and web -based
information, video and multimedia products, software applications and operating systems, and
telecommunication products) are developed and produced in a format that is accessible and
comply with section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794d).
Specifically, video should contain closed -captioning and audio description options. Electronic
publications should be created in HTML, PDF fiilly tagged, or accessible text file format, and
all web sites must be fiilly compliant with section 508 accessibility standards. For more
information on section 508 accessibility requirements, consult https: Ns-vvxN.section508.go .
16. If developing and/or delivering online and/or in -person training under this cooperative
agreement, the COPS Office Curriculum Standards, Review, and Approval Process Guide,
COPS Office Instructor Quality Assurance Guide, and the Video Development Process Guide
must be followed. Courses already in existence that are part of this cooperative agreement
must also comply with the aforementioned guides. A copy of these guides will be supplied
electronically to you by the program manager, and they are also located on the COPS Office
website for download at https:/ cops.usdoj.gov training. All online and in -person courses (new
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development and pre-existing courses) must be reviewed and approved by the COPS Office
prior to delivery.
17. Report training data to the COPS Office by submitting all required training fields through
the Online Training Tracker. The Tracker can be accessed through the Agency Portal on the
COPS Office website at hops: Vortal.COPS. usdoi.go\ or through the "Account Access" tab in
the upper right corner of the COPS Office website homepage. All training data submissions
must comply with the quarterly reporting dates unless otherwise directed by the program
manager. Quarterly reporting dates are January 1 - March 31, April 1- June 30, July 1 -
September 30, and October 1 - December 31. For a complete list of training data collection
and submission requirements, contact your program manager or log into your account through
the "Account Access" tab.
18. If developing or launching online courses under this cooperative agreement, ensure that
online courses developed are compatible with the current platform used in the COPS Office
Training Portal. Prior to the development of the online course, the recipient must receive
guidance and work with the COPS Office to ensure compatibility. Online courses developed
through this cooperative agreement must be reviewed and approved by the COPS Office prior
to launching the course. Any pre-existing online courses being sponsored by the COPS Office
under this coperative agreement must also be reviewed and approved by the COPS Office
before using the COPS Office -sponsorship with the courses.
19. At the request of the COPS Office, submit all website(s) and web -based information
developed through this cooperative agreement to the COPS Office. The information will be
submitted in a format that will enable the COPS Office to reproduce the website(s) and web -
based information on alternative web -based platforms.
20. If required, submit all surveys, interview protocols, and other information collections to the
COPS Office for submission to the Office of Management and Budget (OMB) for clearance
under the Paperwork Reduction Act (PRA). Before submission to OMB, all information
collections that request personally identifiable information must be reviewed by the COPS
Office to ensure compliance with the Privacy Act. The Privacy Act compliance review and the
PRA clearance process may take several months to complete.
21. Agree to cooperate with the monitor or evaluator if monitoring or an evaluation of this
project is to be undertaken by the COPS Office or a third party, and in consultation with the
COPS Office, agree to make reasonable adjustments to programs and activities in recognition
of significant points of evaluation or feedback and to remedy any violations of the terms and
conditions of this award.
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22. Be responsible for the development, approval, and oversight of any subawards. See 2
C.F.R. §§ 200.330 - 200.332. The recipient will ensure that the award terms and conditions
flow down to its subrecipients including all applicable uniform administrative requirements,
costs principles, and audit requirements set forth in 2 C.F.R. Part 200. See 2 C.F.R. §
200.101(b)(1). The recipient will also ensure that subrecipients maintain effective control and
accountability over all funds, property and other assets covered by subawards and that each
subrecipient establishes and uses internal fiscal and program management procedures sufficient
to prevent fraud, waste, or abuse.
23. At the request of the COPS Office, work to develop a marketing plan to increase the
visibility of the project and any accompanying outcomes or deliverables. The recipient will
coordinate any marketing activities with the COPS Office.
24.Obtain approval from the COPS Office prior to conducting any public communication
activities (in any format including conference panel submissions, press statements, website and
social media content) related to this project or to the COPS Office.
25. Work closely with your program manager to respond to peer reviewer, vetting, and other
COPS Office staff comments on all deliverables within 30 days of receipt unless otherwise
directed.
26.Obtain written approval from the COPS Office prior to entering into any contract,
agreement, or other obligation for costs related to any conference, meeting, retreat, seminar,
symposium, training activity, or similar event funded under this award. Submit the Conference
Cost Request/Reporting Form (CCR) at least 90 days prior to event to the Conference Cost
Request mailbox at COPS.Conferencecosts@usdoj.gov and copy your program manager.
Contact your program manager to obtain the CCR form. The document will have you break
out each event or training deliveries and ensures that all costs comply with current guidelines
and policies on event or training planning, food and beverages, and minimizing costs. Training
or events should not be scheduled or delivered prior to receiving notice from your program
manager that the CCR is approved. For more information on allowable costs for conferences
and training, please see the current version of the DOJ Grants Financial Guide in effect at the
time of the award available at haps: oip.gox lilianclalguide DO.1 index.htm.
27. Ensure that all conference or similar event costs comply with current and future guidelines
and policies that you receive from the COPS Office on conference planning, food and
beverages, minimizing costs, and conference cost reporting.
28. Provide the program manager with the following information within 45 days after the end of
any conference, meeting, retreat, seminar, symposium, training activity, or similar event funded
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under this award, if the total cost of which exceeds $20,000 in award fiends:
• Name of the event
• Event dates
• Location of event
• Number of federal attendees
• Number of nonfederal attendees
• Costs of event space, including rooms for breakout sessions
• Costs for audio visual services
• Other equipment costs (e.g., computer fees, telephone fees)
• Costs of printing and distribution
• Costs of meals provided during the event
• Costs of refreshments provided during the event
• Costs of event planner
• Costs of event facilitators
• Any other direct costs associated with the event
The recipient must also itemize and report any of the following attendee (including participants,
presenters, speakers) costs that are paid or reimbursed with cooperative agreement fiends:
• Meals and incidental expenses (M&IE portion of per diem)
• Lodging
• Transportation to or from event location (e.g., common carrier, privately owned
vehicle (POV))
• Local transportation (e.g., rental car, POV) at event location
• Note that if any item is paid for with registration fees, or any other non -award
funding, then that portion of the expense does not need to be reported.
29. If applicable, submit all approved indirect cost rates covering the award period to the
COPS Office within 30 days of approval from the cognizant federal agency.
If a provisional indirect cost rate is in effect at award closeout, the recipient will proceed with
closeout and complete an expenditure analysis upon receipt of the approved final indirect cost
rate to determine if an adjustment is necessary. If the recipient drew down excess COPS
Office funding for indirect costs, the recipient must return the overpayment to the COPS
Office. If the recipient incurred additional indirect costs, the recipient may request a budget
modification if the award is still open and there are remaining award funds available for
drawdown. If the recipient returns or draws down COPS Office funding, the recipient will
promptly submit a revised final Federal Financial Report (SF425).
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The recipient should pay particular attention to the following two areas listed below to ensure
that their application of indirect cost rate is in compliance with the existing requirements of the
government -wide award rules set out by the Office of Management and Budget (OMB):
a. $25,000 Subcontract/Subaward Limitation: Indirect cost rates negotiated on the basis of
modified total direct costs may only be applied against the first $25,000 of any subcontract or
subaward under the agreement. This limitation must be applied to all conference related
subcontracts and subawards, including those with hotels and travel agents. See 2 C.F.R. § Part
200, Appendix III.C.2 (Indirect costs — Institutions of Higher Education); 2 C.F.R. § Part 200,
Appendix IV.B.2c (Indirect costs — Nonprofit Organizations); or 2 C.F.R. § Part 200,
Appendix VII.C.2c (Indirect costs — States, Local Governments, and Indian Tribes).
b. Participant Support Costs: Participant support costs are generally excluded from the
distribution base. Therefore, indirect costs may not be applied against participant support
costs. Participant support costs are direct costs for items such as stipends or subsistence
allowances, travel allowances, and registration fees paid to or on behalf of participants or
trainees (but not employees) in connection with meetings, conferences, symposia, or training
projects. See 2 C.F.R. § 200.75. This exclusion applies to the entirety of any subcontracts for
the lodging and travel of conference participants or trainees (but not employees). Costs related
to contractors of the recipient who are acting in the capacity of a "Conference
Trainer/Instructor/ Presenter/Facilitator" are considered participant support costs.
For more information on allowable costs for conferences and training, please see the current
version of the DOJ Grants Financial Guide in effect at the time of the award available at
hops: oip.gov iinvicialguide DOJ index.htin.
If the recipient has never received a federally approved indirect cost rate, it may elect to charge
a de minimis rate of 10 percent of modified total direct costs (MTDC) in lieu of negotiating a
rate with the cognizant federal agency. See 2 CFR § 200.414(f).
30. Notify and consult with the COPS Office prior to establishing a formal partnership with
any nonfederal entity, including soliciting and accepting free goods or services, on activities
under this cooperative agreement.
31. Unless authorized by the COPS Office, the recipient and its subrecipients and contractors
will not disclose any project -related confidential information, including nonpublic, personally
identifiable, or sensitive law enforcement information collected from interviews; peer -to -peer
exchanges; direct observation note; data analysis; research; or working papers. The recipient
will also ensure that its subrecipients and contractors properly safeguard and dispose of all
project -related records in any format containing confidential information during and after
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performance to protect against the unauthorized access to or disclosure of such information.
Any unauthorized disclosure of project -related confidential information or records may result in
termination of the recipient's —including its subrecipient's and contractor's —involvement in
project activities.
32.Obtain written approval from the COPS Office prior to adding any new subaward or
subrecipient that was not previously included or identified in the last approved project budget.
See 2 C.F.R. § 200.308(c)(1)(vi).
C. The recipient acknowledges the following:
1. If any part of the funded project contains research or statistical activities that involve human
subjects who are not covered by an exemption set forth in 28 C.F.R. § 46.101(b), the
recipient must comply with the requirements in the U.S. Department of Justice's common rile
regarding the Protection of Human Subjects, 28 C.F.R. Part 46, including Institutional Review
Board (IRB) approval and the appropriate assurances prior to the expenditure of federal Rinds
to perform such activities. The recipient also agrees to comply with 28 C.F.R. Part 22
regarding the safeguarding of individually identifiable information collected from research
participants. For general information on U.S. Department of Justice human subjects and
privacy protections, please visit
hops://NNw-Nv.nii.gov/fiiiiding/hunmansubjects./Pagesl�N elconme.aspx.
2. Implementation of this award will be subject to federal monitoring, auditing, or evaluation,
and/or a single audit in accordance with 2 C.F.R. § 200.501. The recipient agrees to
cooperate with such activities by providing access to and copies of, as appropriate, all project -
related records, documents and personnel. A recipient that expends $750,000 or more in
federal ft►nds (from all sources) during the recipient's fiscal year must have a single audit
conducted in accordance with 2 C.F.R. § 200.514, except when it elects to have a program -
specific audit conducted in accordance with 2 C.F.R. § 200.501(c). For -profit (commercial)
entities should follow the dollar threshold in 2 C.F.R. § 200.501 in determining whether to
conduct an audit in accordance with the Government Auditing Standards.
3. Failure to comply with the terms and conditions of this award may result in legal sanctions
including, but not limited to, suspension and termination of hinds, repayment of expended
funds, and ineligibility to receive additional COPS Office funding.
4. False statements or claims made in connection with COPS Office awards may result in fines,
imprisonment, debarment from participating in federal awards or contracts, or any other
remedy available by law to the Federal Government.
D. Specific requirements
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At a minimum, the following specific requirements will be fulfilled by the recipient during the
specified timeframe.
Task 1. Project kick-off meeting: The recipient will participate in a project kick-off meeting
within 30 days of award acceptance. The meeting will address administrative and
programmatic requirements, project objectives, expectations, roles and responsibilities,
deliverables, timeline, budget, communication, and contact information. The kick-off meeting
should include all key staff and working partners.
Task 2. Project administration: The recipient will administer the project and deliverables as
stated in the project and budget narrative, with the exception of changes identified during the
kick-off meeting. Any modifications to the project scope will be bi-laterally agreed and
included as an addendum to this cooperative agreement.
Task 3. Quarterly project updates: The recipient will provide project updates on a quarterly
basis as agreed upon during the project kick-off meeting (see Task 1). Updates will include
status of all tasks, deliverables, personnel changes and any budget updates.
Task 4. FY20 LEMHWA cohort: The recipient will participate on cohort calls and other
coordination activities as organized by the COPS Office.
Task 5. Wellness Program Implementation: The awardee will create a Wellness Advisory
Committee that includes a new Peer Support Team and OSW resources for staff. The peer
support team will get training and continuing education.
Task 6.OSW Website: The awardee will contract with a developer to create a custom website
that will be mobile friendly to allow LPD officers to connect with mental health and wellness
resources.
Task 7. Project Report. The recipient will develop a project report that describes the peer
support project including a summary of the program, peer support activities, and examples of
any marketing materials. This report will also include documentation of the project's
performance measures and metrics. The recipient will submit the report to the COPS Office for
review and approval.
Task 8. CP Dispatch E-Newsletter article: The recipient will develop at least one article for the
COPS Office e-newsletter during the award period. This article will relate to the COPS
Office —funded project and will be done in collaboration with the program manager. The article
will be subject to the review and approval of the COPS Office prior to publication.
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Task 9. Respond to comments: Work with the COPS Office and the program manager to
address peer review, program manager, vetting, and other COPS Office staff comments
regarding the CP Dispatch article and Project Report.
E. Performance timeline and deliverables
The following is a performance timeline for all deliverables and their due dates (based upon an
award date of 09/01/2020) that are considered to be significant in the performance of this
cooperative agreement. One electronic copy of deliverable items will be delivered and in
accordance with the following schedule:
Kickoff Meeting September 2020
Wellness Program Implementation June 2022
OSW Website February 2022
CP Dispatch Article June 2022
Project Report August 2022
All deliverable items will be furnished to the following:
Camisha Amaker
U.S. Department of Justice
COPS Office
145 N Street NE, 11 th Floor
Washington, DC 20530
202-514-0197 or camisha.amaker0usdoj.gov
F. Financial status reports
The recipient must provide a quarterly report of actual expenditures related to project activity
on a cumulative basis. Specifically, the recipient is required to submit quarterly Federal
Financial Reports on the Standard Form 425 (SF-425) within 30 days after the end of each
quarter (January 1 — March 31, April 1 — June 30, July 1 — September 30, and October 1 —
December 31). A final SF-425 is due within 90 days after the end of the award period.
Recipients must submit the quarterly SF-425 online. Visit the COPS Office Agency Portal
Login page at https ! pot-tal.cops.usdcj.goN .
G. Programmatic progress reports
The recipient will provide periodic progress reports detailing project activity. Specifically, the
recipient will submit progress reports through the COPS Office online progress reporting
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system in the frequency requested. These progress reports should be received by the COPS
Office within 30 days of the end of the reporting period. The recipient will also submit a final
progress report to the COPS Office within 90 days of the end of the award period.
IV. Period of performance
The period of performance of this cooperative agreement is 24 months from the cooperative agreement
start date (award period 09/01/2020 to 08/31/2022).
V. Financial administration
A. Funding
The total amount of federal funding to be provided under this cooperative agreement is stated
on the award document, award congratulatory letter, and official Financial Clearance
Memorandum (FCM).
B. Travel
All travel plans related to the cooperative agreement and to the development of the
deliverables will be submitted to the program manager for review by the COPS Office.
Travel costs for transportation, lodging and subsistence, and related items are allowable with
prior approval from the COPS Office. Payment for allowable travel costs will be in
accordance with 2 C.F.R. § 200.474.
C. Consultant rates
Unless otherwise approved by the COPS Office, approved consultant rates will be based on
the salary a consultant receives from his or her primary employer, as applicable, up to $650
per day. For consultant or contractor rates that exceed $650 per day, the COPS Office
requires written justification if the consultants or contractors are hired through a noncompetitive
bidding process. Authorization requires submitting a detailed written justification of the
consultant rate to the program manager. Specific and detailed written justification for each
additional consultant must be submitted to and approved by the COPS Office prior to
obligation or expenditure of such funds.
D. Project budget
The approved project budget is incorporated herein and made a part of this cooperative
agreement. For federal awards in excess of $250,000, any modification request involving the
reallocation of funding between budget categories that exceed or are expected to exceed 10
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ORI TX 15202 - Award 2020MH WXK017 - Award Cooperative Agreement 2020 - LEMH WA - Page 14 of 16
percent (10%) of the total approved budget requires prior written approval by the COPS
Office. See 2 C.F.R. § 200.308(e). Regardless of the federal award amount or budget
modification percentage, any reallocation of funding is limited to approved budget categories.
In addition, any budget modification that changes the scope of the project requires prior written
approval by the COPS Office. See 2 C.F.R. § 200.308(c)(1)(i).
In requesting a modification, the recipient will set forth the reasons and the basis for the
proposed change and any other information deemed helpful for review by the COPS Office.
Modifications are evaluated on a case -by -case basis. The COPS Office will not approve any
modification request that results in an increase of federal fiends.
E. Payment
All costs claimed for reimbursement and payment, including the final payment, must be
submitted via the Grant Payment Request System (GPRS).
F. No -cost extensions of time
The recipient must provide a reasonable justification for delays in implementing this cooperative
agreement to be granted a no -cost extension. A request for an extension of the award period
to receive additional time to implement the ftmded program is at the discretion of the COPS
Office. Such extensions do not provide additional funding.
G. Employment
The recipient acknowledges that nothing in this cooperative agreement creates an employment
relationship with the COPS Office or with the Federal Government or to require provision of
any benefits incident to employment.
VI. Points of contact
A. COPS Office Program Manager
Camisha Amaker
U.S. Department of Justice
COPS Office
145 N Street, NE, 11 th Floor
Washington, DC 20530
202-514-0197 or camisha.amaker@usdoj.gov
B. Recipient Project Officer
Chief Floyd Mitchell
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OP I TX 15202 - Award 2020MH WXK017 - Award Cooperative Agreement 2020 - LEMHWA - Page 15 of 16
Administrator Amber Aguilar
P.O. Box 2000
916 Texas Avenue
Lubbock, TX 79401
VII. General provisions
The recipient of record must follow all requirements imposed by the U.S. Department of Justice as an
award term, condition, or administrative requirement of the award, including the applicable COPS
Office Program Award Owner's Manual; the COPS Office Assurances and Certifications; the COPS
Office statute (34 U.S.C. § 10381 et seq.); 2 C.F.R. Part 200 (Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards); the current edition of the COPS Office
Grant Monitoring Standards and Guidelines; the COPS Office Editorial and Graphics Style Manual; and
all other applicable program requirements, laws, orders, regulations, or circulars.
Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving,"
the COPS Office encourages recipients of U.S. Department of Justice hinds to adopt and enforce
policies that ban text messaging while driving and to establish workplace safety policies to
decrease accidents caused by distracted drivers.
VIII. Modifications
The designated COPS Office program manager and recipient project officer (under section VI.A and
VI.B) for their respective organizations have the authority to propose and approve any modifications to
this cooperative agreement. Modifications to this cooperative agreement may be proposed at any time
during the period of performance by either party, and will become effective upon written approval by
both parties.
IX. Incorporation by reference; effective date
By signing the award document, the responsible parties designated below have entered into this
cooperative agreement, which is incorporated by reference into the award document. This cooperative
agreement is effective as of the date that the last responsible party signs the award document.
Phillip E. Keith, Director
Office of Community Oriented Policing Services
Chief Floyd Mitchell
Lubbock Police Department
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Administrator Amber Aguilar
Lubbock Police Department
Updated on 9/15/2020
ADVANCING RJBI.IC_ SAFFTY I HI:O[)CH COMMUNITY POI.ICING
Exhibit B
Scope of Work
EXHIBIT B
Statement of Work
TTU members Drs. Megan Thoen, Brandy Pina-Watson, and Elizabeth Trejos-Castillo will be responsible
for implementing and maintaining data collection procedures. This includes assisting as needed with all
aspects of project management, overseeing the IRB approval process, training and supervision of
student research assistants, data collection procedures, supervision of entry of the data into the
relevant statistical package and data analyses, and dissemination of the results. They will assist with the
development of programs and wellness initiatives and training as needed."
Exhibit C
Budget
10
Exhibit C - Budget
BUDGET JUSTIFICATION
Megan Thoen, Texas Tech University
TTU Year: AY — 9 months (September — May), Summer- 3 months (June — August)
PERSONNEL
Salaries for all personnel are based upon current Texas Tech University academic and staff salary
scales. All personnel budget calculations include salary range adjustments and merit increases as
applicable for each year of support in accordance with published University guidelines. 0.4/0.38
months of salary is requested for the Principal Investigator in each year of the project, 0.15
months for each Co -PI is requested in each year and is calculated on the current rate with an
anticipated 3% annual increase throughout the project. The PI will be responsible for the overall
coordination of the project and the supervision of the graduate students and other project
personnel.
FRINGE BENEFITS
Per our F&A Rate Agreement negotiated with DHHS, fringe benefits are charged as direct costs.
They include but are not limited to FICA, retirement, Worker's Compensation, life insurance,
Unemployment Insurance, and Health Insurance with an anticipated 10% annual increase
throughout the project. These benefits are calculated as 18% of salary for faculty and staff +
applicable insurance.
FACILITIES AND ADMINISTRATIVE COST (F&A)
F&A is charged at the approved rate of 51% in Year 1 and 53% in Year 2 of modified total direct
costs (MTDC). MTDC excludes equipment costs (items costing $5,000 or more); graduate
student tuition and fee remission; participant support costs, and the amount of each subaward
over $25,000.
Project Budget Summary -- All Budget Periods
Proposal Budget
Project title:
Thoen INIJ City of Lubbock Jan 2021
Project Period Start:
September 1, 2020
Project Period End:
August 31, 2022
Revision Date:
6/23/21 4:45 PM
Submitted by:
Texas Tech University
IPsychology
Principal Investigator/Project Director Budget Period
Megan Thoen Totals
6Z0
Faculty Salaries
11,335
6Z0
Other Salaries
-
6Z0
6Z0
6Z0
6Z0
1 Staff Salaries
_
2 Other Salaries
_
3 Graduate Students
-
4 Undergraduate Students
_
6Z0
Subtotal, Salaries and Wages (A + B)
11,335
664
Payroll Related Costs (Fringe Benefits)
3,137
---
Total Salaries, Wages, and Fringe Benefits (A + B + C)
14,472
7J0
Capital Acquisitions (excluded from MTDC)
-
---
Total Travel
_
760
7131
762
1
2
3
In -State Travel Domestic Travel
-
Out -of -State Domestic Travel
-
Foreign Travel
_
---
Participant Support Costs excluded from MTDC)
-
---
Other Direct Costs
7C0
1 Materials and Supplies
_
7F0
2 Repair and Maintenance
_
7F1
3 Repair and Maintenance Other -- Physical Plant Charges
-
7H0
4 Publication Costs/Documentation/Dissemination
-
7--
5 Subawards subject to F&A rate
-
7--
6 Subawards not subject to F&A rate excluded from MTDC
-
7P2
7 Graduate Tuition and Fees (excluded from MTDC)
-
---
8 Other costs, subject to F&A rate
-
7A0
9 Professional Service Agreements, subject to F&A rate
-
---
10 Other costs, not subject to F&A rate excluded from MTDC)
-
7G0
11 Rental of research space and equipment (excluded from MTDC)-
---
Subtotal, Other Direct Costs
-
---
Total Direct Cost
14,472
---
Modified Total Direct Cost
14,472
---
(Total Direct Costs less Capital Acquisitions, Participant Costs, Amount of
Subawards >$25K, Graduate Tuition and Fees, and Other, not sub'ect to F&A
Facilities & Administrative F&A) Cost Rate
---
F&A Cost Basis Modified Total Direct Cost
14,472
7U0
Facilities & Administrative Costs Cost Rate ` Cost Basis)
7,527
Total Budget Project Costs (Direct + F&A)
$ 21,999