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HomeMy WebLinkAboutResolution - 2018-R0369 - Agreement With Txdot For STEP Grant - 10/09/2018Resolution No. 2018-R0369 Item No. 6.14 October 9, 2018 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 11-IAI' the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Texas Traffic Safety Program Grant Agreement for 2019 S rEP Comprehensive Project, by and between the City of Lubbock and the State of Texas, acting by and through the Texas Department of Transportation, and related documents. Said ,agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on October 9, 2018 DANII:I. M. POPE, MAYOR R4 ))(7 Reb ca Garza, City Secreta'�) APPROVED AS TO CONTENT: Greg eve , CCef of Police APPROVED AS TO FORM: -awl Jeff its 1, Assistant City Attorney v w;ccdocs RES.S F EP Grant Agrrnt- [ xDOT Septernber 24, 2018 Texas Traffic safety eG ra nts Fiscal Year 2019 Organization Name: City of Lubbock Police Department Legal Name: City of Lubbock Payee Identification Number: 17560005906000 Project Trde: STEP Comprehensive ID: 2019-Lubbock PD-S-1 YG-00091 Period: 10t01l2018 to 09/30/2019 City of Lubbock Police Department STEP Comprehensive 2019 Texas Department Of Transportation - Traffic Salty Electronic Signature Authorization Form This form identifies the person(s) who have the authorty, to sign grant agreements and amendments for the Grant ID listed at the bottom of the page. Name Of Organization: City of Lubbock Project Title: STEP Comprehensive rAutihorizing Authority The signatory of the Subgrantee hereby represents and warrants that she/he is an officer of the organization for which she/he has executed this agreement and that she/he has full and complete authority to enter into the agreement on behalf of the organization. i authorize the person(s) listed under the section "Authahzed to Electronically Sign Grant Agreements and Amendments" to enter into an agreement on behalf of the organization. Name: DANIEL M. POPE Title: MA OR Signature: Date: October 9, 2018 Under the authority, of Ordinance or Resolution Number (if applicable) Resolution No. 2018-RO369 Authorized to Electronicalty Sign Grant Agreements and Amendments List Subgrantee Administrators who have complete authority, to enter into an agreement on behalf of the organization. Print Hame of Subgrantee Administrator in UDOT Traffic Safety eGrants 1. cca Garza 2. Greg . Stevens 3. Jeff I sell w°-�4 4. Tracy Taylor A-f Tine City Secretary Chief of Police Deputy City Attorney Lieutenant 2019-Lubbock PD-S-1 YG-00091 Printed On, 9/10/2018 - Page 1 of 1 Texas Traffic Safety eGrants Fiscal Year 2019 Organization Name: City of Lubbock Police Department Legal Name: City of Lubbock Payee Identification Number: 17560005906000 Project Title: STEP Comprehensive ID: 2019-Lubbock PD-S-1 YG-00091 Period: 1010112018 to 09/3012019 City of Lubbock Police Department STEP Comprehensive 2019 TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT THE STATE CF TEXAS THE COUNTY OF TRAVIS THIS AGREEMENT IS MADE BY and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the Department and the, City of Lubbock hereinafter called the Subgrantee, and becomes effective then fully executed by both parties. For the purpose of this agreement, the Subgrantee is designated as a(n) Local Government/Transit District. AUTHORFFY: Texas Transportation Code, Chapter 723, the Traffic Safety Act of 1967, and the Highway Safety Performance Plan for the Fiscal Year 2018. Name of the Federal Agency: National Highway Traffic Safety Administration CFDA Number: CFDA Title: Funding Source: Section DUNS- 058213893 FAIN_ Project Title: STEP Comprehensive This project is Not Research and Development Grant Period: This Grant becomes effective on 1010112018 or on the date of final signature of both parties, whichever is later, and ends on 0913012019 unless terminated or otherwise modified. Total Awarded: $121,632.48 Amount Eligible for Reimbursement by the Department: $60,766.24 Match Amount provided by the Subgrantee: $60,766.24 2019-Lubbock PD-S-1 YG-00091 Printed On, 9/24/2018 Pagel of 31 City of Lubbock Police Department STEP Comprehensive 2019 Texas Traffic Safety Program GRANT AGREEMENT GENERAL TERMS AND CONDMONS Definitions: For purposes of these Terms and Conditions, the "Department' is also known as the "State" and the "prospective primary participant' and tha "Subgrantee" Is also known as the "Subredpient" and "prospective lower tier participant' ARTICLE 1.COMPLIANCE WITH LAWS The Subgrantee shall comply with all federal, state, and local laws, statutes, codes, ordinances, rules and regulations, andthe orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of this agreement, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination laws and regulations, and licensing laws and regulations. When required, the Subgrantee shall furnish the De p artment with satisfa dory proof of compliance. ARTICLE 2. STANDARD ASSURANCES The Subgrantee assures and certifies that it will comply with the regulations, policies, guidelines, and requirements, including 2 CFR, Part200; and the Department's Traffic Safety Program Manual, as they relate to the application, acceptance, and use of federal or state funds for this project. Also, the Subgrantee assures and certifies that A It possesses legal authority to apply for the grant; and that a resolution, motion, or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained in the application, and directing and authorizing the person identified as the official representative of the applicant to ad in connection with the application andto provide any additional information that may be required. B. It and its subcontractors will comply with Title VI of the Civil Rights Ad of 1964 (Public Law 88-352), as amended, and in accordance with that Ad, no person shall discriminate, on the grounds of race, color, sex, national origin, age, religion, or disability. C. Itwill comply with requirements of the previsions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970, as amended; 42 USC (United States Code) §§4601 at seq.; and United States Department of Transportation (USDOT) regulations,'Uniform Relocation and Real Prope rty Acqui sition for Federal and Federally Assisted Programs," 49 CFR, Part 24, which provide for fair and equitable treatment of persons displaced as a result of federal and federally assisted programs. D. It will comply with political ac ift (Hatch Act) (applies to subrecipients as well as States). The State will comply with provisions of the Hatch Ad (5 U.S.C. 1501-1508)which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. E. Itwill comply with the federal Fair Labor Standards Acrs minimum wage and overtime requirements for employees performing projedwork. F. Itwill establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particulartythose with whom they have family, business, or other ties. G. Itwill give the Departmentthe access to and the rightto examine all records, books, papers, or documents related to this Grant Agreement. H. Itwill comply with all requirements imposed by the Department concerning special requirements of law, program requirements, and other administrative requirements. 2019-Lubbock PD-S-1 YG-00091 Printed On: 9/24/2018 Page 2 of 31 City of Lubbock Police Department STEP Comprehensive 2919 I. It recognizes that many federal and state laws Imposing environmental and resource conservation requirements may apply to this Grant Agreement. Some, but not all, of the major federal laws that may affect the project include: the National Environmental Policy Act of 1969, as amended, 42 USC §§4321 et seq.; the Clean Air Act, as amended, 42 USC §§7401 et seq, and sections of 29 USC; the Federal Water Pollution Control Act, as amended, 33 USC §§1251 et seq.; the Resource Conservation and Recovery Act, as amended, 42 USC §§6901 et seq.; and the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42 USC §§9601 et seq The Subgrantee also recognizes that the U.S. Environmental Protection Agency, USDDT, and other federal agencies have issued, and in the future are expected to issue, regulations, guidelines. standards, orders, directives, or other requirements that may affect this Project. Thus, it agrees to comply, and assures the compliance of each contractor and each subcontractor, with any federal requiremants that the federal government may now or in the future promulgate. J. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disastar Protection Act of 1973, 42 USC §4012a(a)_ Section 102(a) requires, on and after March 2,1975. the purchase of flood insurance in communities where that insurance is available as a condition for the receiptof anyfederal financial assistance for construction or acquisition purposes for usa in any areathat has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase ^federal financial assistance- Indudes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any form of direct or in direct fe deral assistance- K. It will assist tha Department in its compliance with Saction 106 of tha National Historic Preservation Act of 1966 as amended (16 USC 470 et seq.), Executive order 11593, and the Antiquities Code of Texas (National Resources Code, Chapter 191) L. It will comply with Chapter 573 of the Texas Govemment Code by ensuring that no officer, employee, or member of the Subgrantee's governing board or the Subgrantea's subcontractors shall vote or confirm the employment of any person related within the second degree of affinity or third degree by consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise that person. This prohibition shall not apply to the employment of a person described in Section 573.062 of the Texas Government Code. M. it will ensure that all information collected, assembled, or maintained by the applicant relative to this project shall be available to the public during normal business hours In compliance with Chapter 552 of the Texas Government Cade, unless otherwise expressly provided by law. N. If applicahle, it will comply with Chapter 551 of the Texas Government Code, which requires all regular, special, or called meetings of governmental bodies to be open to the public, except as otherwise provided bylaw or specifically permitted in the Texas Constitution. A The method of payment for this agreement will be based on actual costs incurred up to and not to exceed the limits specified in the Project Budget. The amount included in a Project Budget categorywill he deemed to be an estimate only and a higher amount can be reimbursed, subject to the conditions specified in paragraph B of this Article. If the Project Budget specifies that costs are based on a specific rate, per -unit cost, or other method of payment, relmbursementwill be based on the specified method. B. All payments will be made in accordance with the Project Budget. 1. The Subgrantee's expenditures may overrun a budget category (I, II, or III) in the approved Project Budget without a grant (budget) amendment, as long as the evarrun does not exceed a total of five (5) percent of the maximum amount eligible for reimbursement (rxDOT) in the attached Project Budgetforthe current fiscal yaar This overrun must be off set by an equivalent underrun elsewhere in the Project Budget. 2. If the overrun is five (5) percent or less, the Subgrantee must provide written notification to the Department, through the TxDOT Electronic Grants Management System (eGrants), phorto the Request for Reimbursement being approved. The notification must indicate the amount, the percent over, and the specific reason(s)for the overrun. 3. Any overrun of more than five (5) percent of the amount eligible for reimbursement (rxDOT) in the attached Project Budgetrequires an amendment of this GrantAgree ment. 2019-Lubbock PD-S-IYG-99991 Printed On: 9/24/2018 Page 3 of 31 City of Lubbock Police Department STEP Comprehensive 2019 4. The maximum amount eligible for reimbursement shall not be increased above the Grand Total TxDOT Amount in the approved Project Budget, unless this Gra nt Agree me nt is amended, as described in Article 5 ofthis agreement. 5. For Selective Traffic Enforcement Program (STEP) grants only: In the Project Budget, Subgrantees are not allowed to use underrun funds from the TxDOT amount of (100y Salaries, Subcategories A, "Enforcement,' or B. "PI&E Activities." to exceed the TxDOT amount listed in Subcategory C, 'Other.- Also, Subgranteas are not allowed to use underrun funds from the TxDOT amount of (100) Salaries, Subcategories A, "Enforcement,' or C, "Other,'to exceed the TxDOT amount fisted in Subcategory B, 'PIBE Activities.' The TxDOT amount for Subcategory B, `PI&E Activities," or C, 'Other, can only be exceeded within the five (5) percent flexibility, with underrun funds from Budget Categories II or III C. To be eligible for reimbursement under this agreement, a cost must be incurred in accordance with the Project Budget, within the time frame specified in the Grant Period of this Grant Agreement, attributable to work covered by this agreement, and which has been completed in a manner satisfactory and acceptable to the Department. D. Federal or TxDOT funds cannot supplant (replace) funds from any other sources. The term supplanting,' refers to the use of federal or TxDOT funds to support personnel or an activity already supported by local or state fu n ds. E. Payment of costs Incurred uriderthis agreement is further governed by the cost principles outlined in 2 CFR Part 200. F. The Subgrantee agrees to submit monthly Requests for Reimbursement, as designated in this Grant Agreement, within thirty (30) days after the end of the billing period. The Request for Reimbursement and appropriate supporting documentation must be submitted through eGrants. G. The Subgrantee agrees to submit the final Request for Reimbursement under this agreem ant with I n forty-five {45y days of the end of the grant period. H. Payments are contingent upon the availability of appropriated funds. I. Project agreements suppodedwith federal arTxDOT funds are limited to the length of this Grant Period specified in this Grant Agreement If the Department determines that the project has demonstrated merit or has potential long-range benefits, the Subgrantee may app ly for fun di n g assistance beyond the initial agreement period Preference for funding will be given to projects based on (1) proposed cost sharing and (2) demonstrated performance history. ARTICLE 4. LIMITATION OF LIABILITY Payment of costs incurred under this agreement is contingent upon the availability of funds. If at anytime during this Grant Period, the Department determines thatthere is insufficient funding to continue the project, the Department shall notifythe Subgrantee, gluing notice of intentto terminate this agreement, as specified In Article 11 ofthis agreement. Ifatthe end of a federal fiscal year, the Department determines thatthere is sufficient funding and performance to continue the project. the Department may notifythe Subgrantee to continue this agreement. ARTICLE 5. AMENDMENTS This agreementmay be amended prior to its expiration by mutual written consent of both parties, utilizing the Grant Agreement Amendment in eGrants. Any amendment must be executed by the parties within the Grant Period, as specified in this Grant Agreement, ARTICLE 6. ADDITIONAL WORK AND CHANGES IN WORK A. If the Subgrantee is of the opinion that any assigned work is beyond the scope of this agreement and constitutes additional work, the Subgrantee shall promptfy nottty the Department in writing through eGrants if the De pa rtme nt fi n ds that such work does constitute additional work, the Department shall advise the Subgrantea and a written amendment to this agree mentwill be executed according to Article 5, Amendments, to provide 2019-Lubbock PD-S-1YG-00091 Printed On: 9/24/2018 Page 4 of 31 City of Lubbock Police Department STEP Comprehensive 2019 compensation for doing this work on the same basis as the original work. If performance of the additional work will cause the maximum amount payable to be exceeded, the work will not be performed before a written grant amendment is executed. B. If the Subgrantee has submitted work in accordance with the terms of this agreement but the Department requests changes to the completed work or parts of the work which involve changes to the original scope of services or character of work under this agreement, the Subgrantee shall make those revisions as requested and directed by the Department. Thls will be considered as additlonai work and will be pald for as specified in this Article C. If the Subgrantee submits work that does not comply with the terms of this agreement, the Department shall Instruct the Subgrantee to make any revisions that are necessary to bring the work into compliance with this agreement. No additionai compensation shall be paid for this work. D. The Subgrantee shall make revisions to the work authorized in this agreement that are necessary to correct errors or omissions, when required to do so by the Department No additional compensation shall be paid for this work E. The Department shall not be responsible for actions by the Subgrantee or any costs Incurred by the Subgrantee relating to additional worknot directly associated with or ph or to the execution of an amendment. ARTICLE 7. REPORTING AND MONITORING A. Not later than thirty (30) days after the end of each reporting period, the Subgrantee shall submit a performance report through eGrants. Reporting periods vary by project duration and are defined as follows- I- For short term projects, the reporting period is the duration of the project. Subgrantee shall submit a performance re port within 30 days of project completion 2. For longer projects, the reporting period is monthly. Subgrantee shall submit a performance report within 30 days of the completion of each project month and within 30 days of project completion. 3. For Selective Traffic Enforcement Program (STEP) Wave projects, the reporting period Is each billing cycle. Subgrantee shall submit a performance reportwithln 30 days of the completion of each billing rycle. B The performance report will include, as a minimum: (1) a comparison of actual accomplishments to the objectives established for the period, (2) reasons why established objectives and performance measures were not met, if appropriate, and (3) other pertinent information, including, when appropriate, an analysis and explanation of cost underruns, overruns, or high unit costs. C The Subgrantee shall prom ptly advise the Department in writing, through eGrants, of events that will have a significant impact upon this agreement, including: 1. Problems, delays, or adverse conditions, including a change of project director or other changes in Subgrantee personnel, thatwill materially affect the ability to attain objectives and performance measures, prevent the meeting of time schedules and objectives, or preclude the attainment of project objectives or performance measures by the established time periods. This disclosure shall be accompanied by a statement of the action taken or contemplated and any Department or federal assistance needed to resolve the situation- 2- Favorable developments or events that enable meeting time schedules and objectives sooner than anticipated or achieving greater performance measure output than originally projected- D. The Subgrantee shall submit the Final Performance Report through eGrants within thirty{30) days after completion of the grant. ARTICLE 8. RECORDS The Subgrantee agrees to maintain all reports, documents, papers. accounting retards, books, and other evidence pertaining to costs incurred and work performed under this agreement (called the 'Records'), and shall make the Records available at its office for the time period authorized within the Grant Period, as specified in this Grant Agreement. The Subgrantee further agrees to retain the Records for four (4) years from the date of final 2019-Lubbock PD-S-1YG-04091 Printed On. 9/24/2018 Page 5 of 31 City of Lubbock Police Department STEP Comprehensive 2019 payment under this agreement, until completion of all audits, or until pending litigation has been completely and fully resolved, whichever occurs last. Duly authorized representatives of the Department, the USDOT, the Office of the Inspector General, Texas State Auditor, and the Comptroller General shall have access to the Records. This right of access is not limited to the four (4) year period but shall last as long as the Records are retained ARTICLE 9. INDEMNIFICATION A. To the extent permitted bylaw, the Subgrantee, if other than a government entity, shall indemnify, hold, and save harmless the Department and its officers and employees from all claims and liability due to the ads or omissions of the Subgrantee, its agents, or employees. The Subgrantee also agrees, to the extent permitted by law, to indemnify, hold, and save Harmless the Department from any and all expenses, including but not limited to attorney fees, all court costs and awards for damages incurred by the Department in litigation or otherwise resisting claims or liabilities as a result of any activities of the Subgrantee, its agents, or employees. B. To the extent permitted by law, the Subgrantee, if other than a government entity, agrees to protect, indemnify, and save harmless the Department from and against all claims, demands, and causes of action of every kind and character brought by any employee of the Subgrantee against the Department due to personal injuries to or death of any employee resulting from any alleged negligent act, by either commission or omission on the part of the Subgrantee. C. Ifthe Subgrantee is a government entity, both parties to this agreement agree that no party is an agent, servant. or employee of the other party and each party agrees it is responsible for its Individual acts and deeds, as well as the arts and deeds of its contractors, employees, representatives, and agents. ARTICLE 10, DISPUTES AHD REMEDIES This agreement supersedes any prior oral orwritten agreements. If a conflict arises between this agreementand the Traffic Safety Program Manual, this agreement shall govern. The Subgrantee shall be responsible for the settlement of all contractual and administrative issues arising out of procurement made by the Subgrantee In support of work under thIs agreement. Disputes concerning performance or payment shall be submitted to the Department for settlement, with the Executive Director or his or her designee acting as final referee ARTICLE 11. TERMINATION A This agreement shall remain in effect until the Subgrantee has satisfactorily completed all services and obligations described in this agreement and these have been accepted by the Department, unless; 1. Thls agreement isterminate d in writing with the mutual consent of both parties; or 2. There is a written thirty (30) day notice by either party; or 3. The Department determines that the performance of the project is not in the best interest of the Department and Informs the Subgrantee that the project Is terminated immediately B. The Department shall compensate the Subgrantee for only those eligible expenses incurred during the Grant Period specified in this Grant Agreement that are directly attributable to the completed portion of the work covered by this agreement, provided that the work has been completed in a manner satisfactory and acceptable to the Department. The Subgrantee shall not incur nor be reimbursed for any new obligations after the effective date of termination. ARTICLE 12. INSPECTION OF WORK A The Department and, when federal funds are involved, the USDOT, or any of their authorized representatives, have the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed under this agreement and the premises in which It is being performed. B. If any inspection or evaluation is made on the premises of the Subgrantee or its subcontractor, the Subgrantee shall provide and require its su bcontractor to provide all reasonable facilities and assistance for the safety and 2019-Lubbock PD-S-1YG-90991 Printed On: 9/24/2018 Page 6 of 31 City of Lubbock Police Department STEP Comprehensive 2019 convenience or the Inspectors In in penormance or their duties. All #nspecnons ana evaluations snap be performed in a manner that will not unduly delay the work. ARTICLE 13. AUDIT The state auditor may conduct an auditor investigation of any entity receiving funds from the state directly under this agreement or indirectly through a subcontract under this agreement. Acceptance of funds directly under this agreement or Indirectly through a subcontract under this agreement acts as acceptance of the authority of the State Auditor, under the direction of the legislative audit committee, to conduct an auditor investigation in connection with those funds. An entity that is the subject of an auditor investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit ARTICLE 14. SUBCOWRACTS A subcontract in excess of $25,000 may not be executed by the Subgrantee without prlorwritten concurrence by the Department Subcontracts in excess of $25.000 shall contain all applicable terms and conditions of this agreement No subcontract will relieve the Subgrantee of its responsibility under this agreement. ARTICLE 15.GRATUMES A. Texas Transportation Commission policy mandates that employees of the Department shall not accept any benefit, gift, or favor from any person doing business with or who, reasonably speaking, may do business with the Department under this agreement The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of the Department's FxecuWe Director B. Any person doing business with or who reasonably speaking may do business with the Department under this agreement may not make any oRer of benefits, gifts, orfavors to Department employees, except as mentioned here above. Failure on the part oftha 5ubgrantee to adhere to this policy may result in termination of this agreement ARTICLE 16. HONCOLLUSION The 5ubgrantee warrants that it has not employed or retained any company or person, other than a bona fide employee working solely fortha Subgrantee, to solicit or secure this agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fe9, commission, percentage, brokerage fee. gift, or any other consideration contingent upon or resulting from the award or making of this agreement. If the Subgrantee breaches or violates this warranty, the Department shall have the right to annul this agreement without liability or, In Its discretion, to deduct from the agreement price or consideration, or otherwise recove rtha full amount of such fee, commission, brokerage fee, continge nt fe e, or gift. ARTICLE IT. CONFLICT OF INTEREST The Subgrantee represents that it or its employees have no confl#ct of Interest In at would in any way interfere with its or its employees' performance or which in any way conflicts with the interests of the Department The Subgrantee shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the Department's interests. ARTICLE 18. SUBGRANTEE'S RESOURCES A- The Subgrantee certifies that it presently has adequate qualified personnel in its employmentto perform the work required under this agreement, or will be able to obtain such personnel from sources other than the Department B All employees of the Subgrantee shall have the knowledge and experience thatvolI enable them to perform the duties assigned to them. Any employee of the Subgrantee who, in the opinion of the Department, is incompetent or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project. C. Unless otherwise specified, the Subgrantee shall furnish all equipment, materials, supplies, and other 2019-Lubbock PD-S-1 YG-00091 Printed On. 9/24/2018 Page 7 of 31 City of Lubbock Police Department STEP Comprehensive 2019 resources required to perform the work ARTICLE 19. PROCUREMENTAND PROPERTY MANAGEMENT The Subgrantee shall establish and administer a system to procure, control, protect preserve, use, maintain, and dispose of any prope rty furnished to it by the DeparVnent or purchased pursuant to this agreement in accordance with its own procurement and property management procedures, provided that the procedures are not in conflict w€th (1)the ❑epartrnenfs procurement and property managemant standards and (2) the federal procurement and property management standards provided by 2 CFR §§ 200.310- 315. 200 319- 324 ARTICLE 20. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY Upon completion or te rmin ation of this Grant Agreement, whether for cause or at the corrveniOnce ofthe parlies. all finished or unfinished documents, data, studies, surveys, reports, maps, drawings, models, photographs, etc. prepared by the Subgrantee, and equip merd and supplies purchased with grant funds shall, at the option of the Department, become the property of the Department. All sketches, photographs, calculations, and other data prepared under this agreement shall be made available, upon request. to the ❑ apartment without restriction or limitation of their further use. A Intellectual property consists of copyrights, patents, and any other form of intellectual property rights covering any databases, software, inventions, training manuals, systems design, or other proprietary information in any form or medium. B. All rights to Department. The Department shall own all of the rights (including copyrights, copyright applications, copyright ran ewals, and copyright exfensions), title and interests in and to all data, and other information developed under this contract and versions thereof unless otherwise agreed to in writing that there will be joint ownership- C. All rights to Subgrantee. Classes and materials initially developed by the Subgrantee without any type of funding or resource assistance from the Department remain the Subgrantee's intellectual property. For these classes and materials, the Department payment is limited to payment for attendance at dasses. ARTICLE 21. SUCCESSORS ANDASSIGN 5 The Department and the Subgrantee each binds itself, its successors, executors. assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of the other party in respect to all covenants of this agreement. The Subgrantee shall not assign, sublet, or transfer interest and obligations in this agreamentwithoutwrite n consent of the Department through eGrants. ARTICLE 22, CIVIL RIGHTS COMPLIANCE A. Compliance with regulations: The Subgrantee shall comply with the regulations relative to nondiscrimination in federally -assisted programs of the United States Deparlment of Transportation (USDOT); 49 CFR, Part21; 23 CFR, Part 200; and 41 CFR, Parts 60-74, as they may be amended periodically (called the 'Regulations"). The Subgrantee agrees to comply with Executive Order 11245. entitled "Equal Employment Opportunity,` as amended by Executive Order 11375 and as supplemented by the U.S. Department of Labor regulations (41 CFR, Part 60). B. Nondiscrimination: (applies to subrecipients as weft as State s)The State highway safety agency and Subgrantee will comply with all Federal statutes and implementing regulations relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352), which prohibits discrimination on the basis of race, color or nall anat origin (and 49 CFR Part 21); (b)Tine V of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1695--1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and the Americans with Disabilities Act of 1990 (Pub. L. 101-336), as amended (42 U.S.C. 12101. at seq.), which prohibits discrimination on the basis of disabilities (and 49 CFR Part 27); (d) the Ape Discrimination Act of 1975, as amended (42 U S.C. 6101-6107), which prohibits discrimination on the basis of age, (a) the Civil Rights Restoration Act of 1987 (Pub. L. 100-259). which requires Federal -aid recipients and all subrecipients to prevent discrimination and ensure non discr€minat! an in all of their programs and activities; (f)the Drug Abuse Office and Treatmant Act of 1972 (Pub. L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (g)the comprehensive Alcohol Abuse and Alcoholism Prevention. Treatment and Rehabilitation ALI of 1970 (Pub L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (h) Sections 523 and 527 of the Public Health Service Act of 1912, as amended (42 U.S.C. 290dd-3 and 290ee-3), relating to 2019-Lubbock PD-S-lYG-00091 Printed On: 9/24/2018 Page 8 of 31 City of Lubbock Police Department STEP Comprehensive 2019 confidentiality of alcohol and drug abuse patient records: (i) Title VIII of the Civil Rights Act of 1958, as amended (42 U.S.C_ 3601, et seq.), relating to nondiscrimination in the sale, rental orfinancing of housing; 0) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (k)the requirements of any other nondiscrimination statute(s)which may apply to the application C. Solicitations for subcontracts, including procurement of materials and equipment: In all solicitations either by competitive bidding or negotiation made by the Subgrantee for work to be performed under a subcontract; including procurements of materials and leases of equipment each potential subcontractor or supplier shall be notified by the Subgrantee of the Subgrantee s obligations under this agreement and the regulations relative to nondiscrimination on the grounds of race, color, sex, national origin, age, religion, or disability- D. Information and reports: The Subgrantee shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and Its facilities as may be determined by the Department or the USDOT to be pertinent to ascertain compliance with the Regulations or directives. Where any information required of the Subgrantee is in the exclusive possession of another who fails or refuses to furnish this Information, the Subgrantee shall certirythat to the Department or the USDOT, whichever is appropriate, and shall set forth what efforts the Subgrantee has made to obtain the requested information. E. Sanctions for noncompliance: In the event of the Subgrantee's noncompliance with the nondiscrimination provision of this agreement, the Department shall impose such sanctions as it arthe USDOT may determine to be appropriate. F. Incorporation of provisions: The Subgrantee shall Include the provisions of paragraphs A through E. In every subcontract, Ind uding procurements of materials and leases of equipment, unless exempt by the regulations or dire dives. The Subgrantee shali take any action with respect to any subcontract or procureme nt that the Department may direct as a means of enforcing those provisions, including sanctions for noncompliance. However, In the event a Subgrantee becomes Involved in, or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Subgrantee may request the Department to enter into litigation to protect the Interests of the state: and in addition, the Subgrantee may request the United States to enter into such litigation to protect the interests of the United States. ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM A The parties shall comply with the DBE Program requirements established in 49 CFR Part 26. B The Subgrantee shall adopt, in its totality, the Department's federally approved DBE program C. The Subgrantee shall set an appropriate DBE goat con siste nt with the Departments DUE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Subgrantee shall have final decision- making authority regarding the DBE goal and shall be responsible for documenting its actions- D. The Subgrantee shall follow all other parts of the Department's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally - Approved Disadvantaged Business Enterprise by Entity and attachments found at web address http.JAvww.txdcrt. g ovJbusInessip a Itnars h ip s1db e. htmI E. The Subgrantee shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-assisted contract or In the administratton of its DBE program or the requirements of 49 CFR Part 26. The Subgrantee shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non- discrimination in award and administration of USDOT-assisted contrails. The Department's DBE program, as required by 49 CFR Part 26 and as approved by USDOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Subgrantee of its failure to cant' out its approved program, the Department may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 USC 1001 and the Program Fraud Civil Remedies Act of 1986 (31 USC 3801 et seq.). F. Each contract the Subgrantee signs with a contractor (and each subcontract the prime contractor signs with a sub -contractor) must include the following assurance: The contractor, sub -recipient, or sub- contractor shall not discriminate on the basis of race, color, national origin, or sex In the performance of this contrail. The contractor 2019-Lubbock PD-S-1 YG-00091 Printed On: 9/24/2018 Page 9 of 31 City of Lubbock Police Department STEP Comprehensive 2019 shall carry out applicabte requirements of49 CFR Part26 in the award and administration of U900T assisted contracts. Failure bythe Contra ctorto carry out these requirements is a material breach ofthls agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate. ARTICLE 24. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION (applies to subire-cipients as well as States} Instructions for Primary C ertificatl a n 1. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result In denial of parlicipallon in this covered transaction. The prospective participant shall submit an explanation of why It cannot provide the cedificat an set out below. The certification or explanation will be considered in connection with the department oragencys determination whether to enter into this transaction. However, fallure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later date rmineathat the prospective primary participant knowingly rendered an erroneous certiticakon, in addition to other remedies available to the Federal Government, the department or agency may termInate this transaction for cause or default. 4. The prospective primary participant shall provide immediate written notice to the department or agency to whlch this proposal is submitted if at anytime the prospective primary participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms coveredtransaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transact on, principal, proposal, andvoluntariiy excluded, as used in this clause, have the meaning set out in tha Definitions and coverage sections of 49 GFR Part 29. You may contact the department or agency to which this proposal is being submittedfor assistance In obtaining a copy of those regulations. 6. The prospective primary participant agrees by submittingthIs proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter Into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart9.4, debarred, suspended, declared ineligible, or voluntarily excuded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary parUcipant further agrees by submitting this proposal that it will indude the clause titled -Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," provided by the department or agency anted ng into this covered transaction, without modification , in all lower tier covered transactions and in all solicitations for lower tier covered transactions. B. Apart cl pant in a covered transaction may rely upon a certification of a prospective participant in a Iowe rtier covered transaction that it is not proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the list of Parties Excluded from Federal Procurement and Non -procurement Programs. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Exce pt for trans actions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who Is proposed for debarment under 4B CFR Part 9, subpart 9 4, suspended, debarred, ineligible, orvoluntarlly excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2019-Lubbock PD-S-1 YG-0Q091 Printed On: 9/24/2018 Page 10 of 31 City of Lubbock Police Department STEP Comprehensive 2019 CCMLMn f3UAWinq Debarment Suspension, and Other Resconsibility Matters -Primary Covered Trans actions (1) The prospective primary participant certifies to the best of its knowledge and belief, that its principals - (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency; (b) Have not within a three -rear period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, Slate or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft forgery, bribery, falsification or destruction of record, making false statements, or receiving stolen property, (c)Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local)with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this appiicationlproposal had one or more public transactions (Federal, State, or local) terminated for cause or default (2) Whera the prospective primary participant is unable to certify to any of the State mants in this certification, such prospective participant shall attach an explanation to this proposal. instructions for Lower Tier Certification 1. By signing and submitting this proposal, the prospective lowe rtier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fad upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lowertier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension andfor debarment 3. The prospective lower be participant shalt provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tie r participant leams that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, tower tier covered transaction, particpant, person, primary covered transacti on, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definition and Coverage sections of 49 CFR Part 29. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier part€clpant agrees by submitting th is proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Pan 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated 6.'T'he prospective lower tier particlpantfurther agrees by submitting this proposal thatitwill induda the clause titled 'Certificatian Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transaction,- without modification, in all lowertier covered transactions and in all solicitations for lowe rtier covered transactions. (See below) 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR Par[ 9, subpart 9.4, dabarred, suspended, ineligible, or volu ntarily excluded From the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the ell gibitity of its principals. Each panic€pant may, but is not required to, check the List of Parties Excluded From Federal Procurement and Non -procurement Programs. 2a19-Lubbock PD-S-IYG-00091 Printed On: 9/24/2018 Page 11 of 31 City of Lubbock Police Department STEP Comprehensive 2019 B. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings- 9- Except for transactions authorized under paragraph 5 of these instructions, if a particip ant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 4B CFR Part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension andlor debarment. Certification Re a ardin a Q a ba rm a nt. Sus ension no li i 011' nj VgWirliga WLlri- LowQ rTi C gyffe Transactions 1 The prospective lower bet participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transadion by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective particpant shall attach an explanation to th€s proposal. ARTICLE 25. CERTIFICATION REGARDING FEDERAL LOBBYING (applies to subrecipients as well as States) Certification for Contracts, Grants, Loans, and Cooperative Agreements In executing this agreement, each signatory certifies to the best of his or her knowledge and belief, that 1. No Federal approprlatedTun ds have been paid or will be paid, by or on behalf of the undersigned, to any person for Influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contrail, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewai, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2 If any funds other than Federal appropriated funds have been paid or will be paid to any person for infiuencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, -Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included In the award documents for all sub -awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31. U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. ARTICLE 26. CHILD SUPPORT CERTIFICATION Under Section 231.006, Texas Family Code, the Subgrantea certifies that the individual or business entity named in this agreement is not inellgible to receive the specified grant, loan, or payment and acknowledges that this agreement may be terminated and payment may be withheld ifthIs certtficatlon Is inaccurate. If the above certification is shown to be false, the Subgrantea is liable to the state for attorneys fees and any other damages provided by law or the agreement. A child support obligor or business entity ineligible to receive payments because of a payment delinquency of more than thirty (30) days remains ineligible until all arrearages have been paid; the obligor is in compliance with a written repayment agreement or court order as to any existing delinquency; or the court of continuing jurisdiction over the child support order has granted the obligor an exemption from Subsection (a) ofSeilion 231.006, Texas Family Code, as part of a court -supervised effort to improve earnings and child support payments. 2019-Lubbock PD-S-1 YG-00091 Printed On: 9/24/2018 Page 12 of 31 City of Lubbock Police Department STEP Comprehensive 2019 ARTICLE 27. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT REQUIREMENTS A Any recipient of funds under this agreement agrees to comply with the Federal Funding Accountability and Trans parencyAct and implementing regulations at 2 CFR Part 170, including Appendix A This agreement is subject to the following award terms: http:lfedocket. access.gpo.gov120101pdV2010-22705.pdf and hftp:lle docket.acces s.gpo.gcv120101pdf12010-22706.pdf. B. The Subgrantee agrees that it shall: 1. obtain and provide to the State a System far Award Management (SAM) number (48 CFR subpt. 4.11) if this award provides for more than $25,000 in Federal funding. The SAM number maybe obtained by visiting the SAM web -site at: https:/Avww.sam.gov 2. obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine -character number that allows the Federal government to track the distribution of federal money. The DUNS number may be req u e sted free of charge for all businesses and entities require all to do so by visiting the Dun & Bradstreet (D&B) on-1ine registration website In ftp.Medaov.(in b.comJwebform; and 3. Report the total compensation and names of Its top five (5) executives to the State t i. More than 80% of annual gross revenues are from the Federal government, and those revenues are greater than $25,090,900. and ii. The compensation information is not already available through reporting to the U.S. Secunties and Exchange commission. ARTICLE 28. SINGLE AUDIT REPORT A The parties shall comply with the requirements of the Single Audit Act of 1994, P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in 2 CFR Part 200. B. If threshold expenditures of $750,009 or more are met during the Subgrantee's fiscal year, the Subgrantee must submit a Single Audit Report and Management Letter (if applicable)to TxDOTs Audit Office,125 East 11th Street, Austin, TX 70701 or contact TxDOTs Audit Office at singleaudits@b(dot.gov C. if expenditures are less than $750,000 during tha Subgrantee s fiscal year, the Subgrantee must submit a statement to TxDOTs Audit Office as follows: -We did not me et the 5750,090 expenditure threshold and therefore, are not required to have a single audit performed for FY D. For each year the project remains open for federal funding expenditures, the Subgrantee will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the life of the agreement, unless otherwise amended or the project has been formally closed out and no charges have been incurred within the current fiscal year. ARTICLE 29. BUY AMERICA ACT Sapplies to subreciplertts as well as States) The State and Subgrantee will comply with the provisions of the Buy America Act (49 U.S.C. 53230)), which contains the following requirements: Only steel, iron and manufactured products produced in the United States may be purchased with Federal funds unless the Secretary ofTransportation determines that such domestic purchases would be inconsisten#with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by mare than 25 percent. Cie arlustification for the purchase of non- domestic items must be in the form of a waiver request submitted to and approved by the Secretary ofTrain sportation. ARTICLE 30. RE5TRICTION ON STATE LOBBYING (applies to subrecipients as well as States) None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific Iegislallvre proposal pending before any State or 2019-Lubbock PD-S-1YG-00091 Printed On: 9/24/2018 Page 13 of 31 City of Lubbock Police Department STEP Comprehensive 2019 local legislative body. Such activities include both direct and lndirect {e.g., 'grassroots') lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging indirect communications with State or local legislative officials, in accordance with customary State practice, even if such comm unicatlon9 urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. ARTICLE 31. NONGOVERNMENTAL ENTITY'S PUBLIC INFORMATION (This article applies only to non-profit entities.) The Subgrantea is required to make anyinformation created or exchanged with the Department pursuantto this Grant Agreement and not otherwise excepted from disclosure underthe Texas Public Information Act, available in a format that is accessible bythe public at no additional charge to the Department jS&13613, 83rd Texas Legislature, Regular Session, Effective 911113] ARTICLE 32. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE tapplies to subreclpients as well as States) The State and each Subgrantee will not use 23 U.S C. Chapter 4 grantfunds for programs to check helmet usage orto create checkpoints that specihcallytarget motorcyclists. ARTICLE 33, INTERNAL ETHICS AND COMPLIANCE PROGRAM Subgrantee shall comply with Title 43 Texas Administrative Code §25.906(b). Subgrantee certifies K has adopted an internal ethics and compliance program that satisfies the requirements ofTitte 43 Texas Administrative Cade §10.51 (relating to Internal Ethics and Compliance Program). Subgrantee shall enforce compliance with that program. DANIEL M. POPE, MAYOR ATTEST: Reb ca Garza, City Secre APPROVED AS TO CONTENT: Gre ry teens, Chie�ofPo�lir_e APPROVED AS TO FORM: f H sell, Deputy City Attorney 2019-Lubbock P D-S- 1 YG-00091 Printed On: 9/24/2018 Page 14 of 31 City of Lubbock Police Department STEP Comprehensive 2019 RESPONSIBILITIES OF THE SUBGRANTEE A_ Carry out all performance measures established in the grant, including fulFIli ng the law enforcement objectives by implementing the Operational Plan contained in this Grant Agreement- B. Submit all required reports to the Department (fxDOT) fully completed with the most current information, and within the required times, as defined in Article 3 and Article 7 of the General Terms and Conditions of this Grant Agreement. This includes reporting to the Department on progress, achievements, and problems in monthly Performance Reports and attaching necessary source documentation to support all costs claimed in Requests for Reimbursement (RFR). C. Attend grant related training as requested by the Department. D. Attend meetings according to the following- 1. The Department wi11 arrange for meetings with the Subgrantee to present status of activities and to discuss problems and the schedule for the following quarter's work. 2. The project director or other appropriate qualified persons will be available to represent the Subgrantee at meetings requested by the Department. E. Support grant enforcement efforts with public information and education (PI&E) activities_ Salaries being claimed for PI&E activities must be included in the budget. F. When applicable, all newly developed PI&E materials must be submitted to the Department for written approval, through the TxDOT Electronic Grants Management System (eGrants) system messaging, prior to final production. Refer to the Traffic Safety Program Manual regarding PI&E procedures. G. For out of state travel expenses to be reimbursable, the Subgrantee must have obtained the written approval of the Department, through eGrants system messaging, prior to the beginning of the trip_ Grant approval does not satisfy this requirement H_ Maintain verification that all expenses, including wages or salaries, for which reimbursement is requested is for work exclusively related to this project_ 1. Ensure that this grant will in noway supplant (replace) funds from other sources_ Supplanting refers to the us 2019-Lubbock PD-S-1YG-00091 Printed On. 9/24/2018 Page 15 of 31 City of Lubbock Police Department STEP Comprehensive 2019 RESPONSIBILITIES OF THE DEPARTMENT A. Monitor the Subgrantee's compliance with the performance obligations and fiscal requirements of this Grant Agreement using appropriate and necessary monitoring and inspections, including but not limited to: 1. review of periodic reports 2. physical inspection of project records and supporting documentation 3_ telephone conversations 4. a -mails and letters 5. quarterly review meetings G_ eGrants B. Provide program management and technical assistance. C. Attend appropriate meetings- D. Reimburse the Subgrantee for all eligible costs as defined in the project budget. Requests for Reimbursement will be processed up to the maximum amount payable as indicated in the project budget. E. Perform an administrative review of the project at the close of the grant period to - I. Ascertain whether or not the project objectives were met 2. Review project accomplishments (performance measures completed, targets achieved) 3. Account for any approved Program Income earned and expended 4. Identify exemplary performance or best practices 2419-Lubbock PD-S-IYG-40491 Printed On: 9/24/2018 Page 16 of 31 City of Lubbock Police Department STEP Comprehensive 2019 GOALS AND STRATEGIES Goal: To increase effective enforcement and adjudication of traffic safety -related laws to reduce crashes, fatalities, and injuries. Strategies: Increase and sustain high visibility enforcement of traffic safety -related laws_ Increase public education and information campaigns regarding enforcement activities. Goal: To reduce the number of alcohol impaired and driving under the influence of alcohol and other drug -related crashes, injuries, and fatalities. Strategy: Increase and sustain high visibility enforcement of DWI laws. Goal: To increase occupant restraint use in all passenger vehicles and trucks. Strategy: Increase and sustain high visibility enforcement of occupant protection laws_ Goal: To reduce the number of speed -related crashes, injuries, and fatalities. Strategy: Increase and sustain high visibility enforcement of speed -related laws. Goal: To reduce intersection -related motor vehicle crashes, 1 njun e s, and fatalities. Strategy:Increase and sustain high visibility enforcement of Intersection Traffic Control (ITC} laws_ Goal: To reduce Distracted Driving motor vehicle crashes, injuries, and fatalities_ Strategies: Increase and sustain nigh visibility enforcement of state and local ordinances on celluar and texting devices. Increase public information and education on Distracted Driving related traffic issues. l agree to the above goals and strategies_ 2019-Lubbock PD-S-1YG-99991 Printed On: 9/24/2018 Page 17 of 31 City of Lubbock Police Department STEP Comprehensive 2019 BASELI T INFORM4,TIO1ti Baseline Definition: A number sening as a foundation for subgantees to measure pre -grant traffic enforcement actiaity. Baseline information must be provided by the subgrantee in order to identify local traffic enforcement related actiaity. This information should exclude any activity generated «ith STEP grant dollars. Once the baseline is established these figures wM be used to compare subsequent year's local and grant traffic enforcement actKity. Note- Baseline data used must be no older than 2016. Baseline Year (12 months) Baseline Measure Driving Under Influence (DUI) Speed Safety Belt Chid Safety Seat Intersection Traffic Control (ITC) Distracted Driving Citations Other Elements From 111/2016 To 12 31,2016 .Arrests/Citations Written Warnings KA Crasbes 384 0 22 6569 0 22 250 0 13 262 0 2084 0 41 0 0 0 0 0 0 If you have additional attachments, provide them on the "Attachments" page. 2019-Lubbock PD-S-1 YG-00091 Printed On: 9/24/201 S Page 18 of 31 City of Lubbock Police Department STEP Comprehensive 2019 IAA ENFORCEMENT OBdECTI%TWRFORI_%L4NCE AllE 4SURE Objectir elPerformance Measure Reduce the member of Driving Under Influence (DU1) crashes to Reduce the number of Speed -related crashes to Reduce the number of Safety Belt -related crashes to Reduce the number of Child Safety Seat -related crashes to Reduce the number of ITC -related crashes to Reduce the number of Distracted Driving -related crashes to Number of Fmfbrcement Hours Target Number Not Applicable 21 21 12 40 2060 X X Note: Nothing in this agreement shall be interpreted as a requirement, formal or informal, that a peace officer issue a specified or predetermined number of citations in pursuance of the Subgrantee's obligations hereunder. Department and Subgrantee acknowledge that Texas Transportation Code Section 720.O02 prohibits using traffic -offense quotas and agree that nothing in this :agreement is establishing an illegal quota. In addition to the STEP enforcement acthities, the subgrantee must maintain baseline non - STEP funded citation and arrest acthity due to the prohibition of supplanting. 2019-Lubbock P❑-5-1 YG-00091 Printed On: 9/24/2018 Page 19 of 31 City of Lubbock Police Department STEP Comprehensive 2019 PI&E OBJECTIVEIPERFORMANCE MEASURE Objectives/Performance Measure Target Number Support Grant efforts with a public information and education (PISE) program a. Conduct presentations 5 b. Conduct media exposures (e.g. news conferences, news releases, and 5 interviews) c. Conduct community events (e_g. health fairs, booths) 5 2019-Lubbock PD-S-1YG-00091 Printed On, 9/24/2018 Page 20 of 31 City of Lubbock Police Department STEP Comprehensive 2019 OPERATIONAL PLAN Zone Name : Site -P�, I Zone Location : 2500-7500 98th Street Zone Hours: 24.17 Zone Heat Map : https i-,v►%v.dot.state.tx.us,�apps�egrants'_Upload.-788775-788775- (attach) Step2019mapSitel_pdf 2019-Lubbock PD-S-IYG-00091 Printed On., 9/24/2018 Page 21 of 31 City of Lubbock Police Department STEP Comprehensive 2019 OPERATION AL PLkN Zone Name: Site A2 Zone Location : Interstate 27 From 5outhbound city limit to northbound city limit Zone Hours : 24'7 Zone Heat Map : https-.�!%"N-.4.dot_state_tx_us�appsregrants�_Uploadr788778-788775- (attach) 5tep2019mapSite2.pdf 2919-Lubbock PD-S-1 YG-99991 Printed On: 9/24/2018 Page 22 of 31 City of Lubbock Police Department STEP Comprehensive 2019 OPERATION AL PLAN Zone Name : Site ;�,'8 Zone Location : M- arsha Sharp Freeway. Southwest city }imit to Northeast city bait Zone Hours : 24 r7 Zone Heat Map : https_tl-,v►i�%,-dot.state.tx.ustappsiegrants LJpload.'79I290-788775- (attach) Step2019mapSiteg.pdf 2019-Lubbock PD-S-IYG-00091 Printed On: 9/24/2018 Page 23 of 31 City of Lubbock Police Department STEP Comprehensive 2019 OPERATIONAL PLAN Zone Name : Site ?�'3 Zone Location : University Avenue from north city units to south city }units Zone Hours : 24r7 Zone Heat Map : https_!%4,%%,►v.dot_state.tx_usieppsiegrants/�—Upload.-791291-788775- (attach) Step2019mapSite1pdf 2019-Lubbock P D-S- 1 YG-00091 Printed On: 9/24/2018 Page 24 of 31 City of Lubbock Police Department STEP Comprehensive 2019 OPERATIONAL PLAN Zone Name : Site Zone Location : Indiana Avenue from north city Limits to south city limits Zone Hours: 24?7 Zone Heat Map : https-rF%vtivtiv.dot_state.tx.usrappsiegrants,�_Uploadi791293-78977i- (attach) Step2019mapSite4.pdf 2019-Lubbock PD-S-1 YG-00091 Printed On: 9/24/2018 Page 25 of 31 City of Lubbock Police Department STEP Comprehensive 2019 OPERATIONNA L PLAN Zone Name : Site #5 Zone Location : Loop 289 -The entirety to include access roads Zone Hours : 24!7 Zone Heat Map : https-rrw,i&-w_dot.state.tx.ustapps-'egrants�_Uploadi791294-788775- (attach) Step2019map5ite5.pdf 2419-Lubbock PD-S-1YG-04091 Printed an: 9/24/2018 Page 26 of 31 City of Lubbock Police Department STEP Comprehensive 2019 ❑PER nOIS AL PLAN Zone 1V ame : Site 7�6 Zane Location: lgwaukee Avenue from north city limit to south city limit Zone Hours : 2V7 Zone Heat Map : https_fhvn,%v.dDt_state_tx.usiappsiegrants. Uploadl791295-788773- (attach) Step2019mapSite6_pdf 2019-Lubbock PD-S-1 YG-00091 Printed On, 9/24/2018 Page 27 of 31 City of Lubbock Police Department STEP Comprehensive 2019 ❑PERATIG 4L PLAIti Zone Name: Site *'7 Zone Location : 34th Street from west city }imit to the 200 block. Zone Hours : 2V7 Zone Heat Map : bnps-t'wry-w.d❑t_state.tx.uslappsregrants, LTpload:'791296-7$$775- (attach) Step2019mapSite7.pdF 2019-Lubbock PD-S-IYG-00091 Printed On: 9/24/2018 Page 28 of 31 City of Lubbock Police Department STEP Comprehensive 2019 OPFRATTO AL PIA Zone Name : Site a9 Zone Location : 50th street from the west city ?xmits to the 200 block Tone Hours : 24I7 Tone Heat Map : https-ri-,vw%v.dot_state_tx_uslappsiegrants�_Upload1791297-788773- (attaeh) Step2019mapSite9_pdf 2019-Lubbock PD-S-IYG-00091 Printed On: 9/24/2018 Page 29 of 31 City of Lubbock Police Department STEP Comprehensive 2419 OPFIUTIONAL PLAN Zone Name: Site � i 0 Zone Location : 82nd street from the west city limit to the 1000 block Zone Hours: 24Y7 Zone Heat Map : https'rlwN«v.dot.state_bc_ustappslegrants _Upload�741249-788775- (attach) Step2 019mapSite 1 o.pdf 2019-Lubbock PD-S-1 YG-Q4a91 Printed On: 9/24/201 S Page 30 of 31 City of Lubbock Police Department STEP Comprehensive 2019 BUDGET SUMMARY Budget Category ` TxDGT I FMatch Total ICategory I . Labor Costs (100j FsalafleS: $59.966.24 $59,966.24 $119,932.48 F1200) Fringe Benefits: F $0-- —� $U T— $0 1 Sub -Total: F $59,966.24 F $59,966.24 $119,932.48 Category Il - Other Direct Costs 1300y Travel: F $800.00 F $800.00 $1.600.00 (d00} Equipment: F $0 $0 I $0 (500) Supplies: $0 [ $o $0 Contractual FmoServices: $0 $0 F $0 Other (700} Miscellaneous: $0 $0 $0 FSub -Total: $800.00 $000.00 $1.600.00 Total Direct Costs: F $60,766-24 $60,766.24 F $121,532.48 Category III - Indirect Costs 008 Indirect Cost $0 $o $0 Rate: Summary Total Labor r Costs: � $59,966.24 I J $59,966.24 JJJ $119,932.48 FTotal Direct Costs: $800-00 F SB00.00 $1,600.00 Indirect FTotal Costs: $0 $0 $0 Grand Total F $60,766.24 $60,766,24 $121.532.48 Fund Sources (Percent 50.00% 50.00% Share}: Salary and cost rates ►+All be based on the rates submitted by the Subgrantee in its grant application in Eg rants 2019-Lubbock PD-S-1YG-00091 Printed On'. 9/24/2018 Page 31 of 31