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HomeMy WebLinkAboutResolution - 2023-R0193 - Bullet-Resistant Shield Grant Program Agreement with Office of the GovernorResolution No. 2023-R0193 Item No. 6.33 April 11, 2023 RESOLUTION WHEREAS, the City Council of the City of Lubbock finds it to be in the best interest of the health, safety and welfare of the citizens of the City of Lubbock ("City") to participate and pursue funding through the State of Texas, Office of the Governor's Bullet -Resistant Shield Grant Program for FY2023; and WHEREAS, the City Council of the City of Lubbock agrees that in the event of loss or misuse of the Office of the Governor funds, the City assures that the funds will be returned to the Office of the Governor in full; and WHEREAS, the City Council of the City of Lubbock designates Floyd Mitchell, Chief of Police, as the City's authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT that the City Council of the City of Lubbock hereby approves the submission of the grant application for the Bullet -Resistant Shield Grant Program for FY2023 to the Office of the Governor, and all related documents. Said Application 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; and THAT the City Council finds it to be in the best interest of the citizens of the City of Lubbock in order to expedite the performance of city business, to delegate authority to execute any necessary or related documents associated with this conveyance to the Chief of Police for the City of Lubbock. Passed by the City Council on April 11, 2023 APPROVED AS TO CONTENT: Floyd M tchell, Chief of Police APPROVED AS TO FORM: Senior Assistant City Attorney RES.LPD Ballistic Shields -Office of the Governor Grant Application 2.6.23 Agency Name: Lubbock, City of Grant/App: 4591601 Start Date: 10/1/2022 End Date: 9/30/2023 Fund Source: SH-Bullet-Resistant Shield Grant Program Project Title: Ballistic Shields Status: Application - Award Accepted by Applicant Fund Block: 2023 Eligibility Information Your organization's Texas Payee/Taxpayer ID Number: 17560005906000 Application Eligibility Certify: Created on:8/19/2022 9:21:54 AM By: Matt Doherty Profile Information Applicant Agency Name: Lubbock, City of Project Title: Ballistic Shields Division or Unit to Administer the Project: Lubbock Police Department Administration Address Line 1: 916 Texas Avenue Address Line 2: City/State/Zip: Lubbock Texas 79401-2726 Start Date: 10/1/2022 End Date: 9/30/2023 Regional Council of Goverments(COG) within the Project's Impact Area: South Plains Association of Governments Headquarter County: Lubbock Counties within Project's Impact Area: Lubbock Grant Officials: Authorized Official Name: W. Jarrett Atkinson Email: jatkinson@mylubbock.us Address 1: P.O. Box 2000 Address 1: City: Lubbock, Texas 79457 Phone: 806-775-2016 Other Phone: Fax: 806-775-3924 Title: Mr. Salutation: Mr. Position: City Manager Financial Official Name: Amber Aguilar Email: aaguilar@mylubbock.us Address 1: 1625 13th Address 1: City: Lubbock, Texas 79401 Phone: 806-775-2149 Other Phone: Fax: Title: Ms. Salutation: Ms. Position: Senior Accountant Proiect Director Name: Matt Doherty Email: mdoherty@mylubbock.us Address 1: 916 Texas Address 1: City: Lubbock, Texas 79401 Phone: 806-775-2830 Other Phone: Fax: 806-775-2781 Title: Mr. Salutation: Captain Position: Administration Captain Grant Writer Name: Matt Doherty Email: mdoherty@mylubbock.us Address 1: 916 Texas Address 1: City: Lubbock, Texas 79401 Phone: 806-775-2830 Other Phone: Fax: 806-775-2781 Title: Mr. Salutation: Captain Position: Administration Captain Grant Vendor Information Organization Type: Unit of Local Government (City, Town, or Village) Organization Option: applying to provide services to all others Applicant Agency's State Payee Identification Number (e.g., Federal Employer's Identification (FEI) Number or Vendor ID): 17560005906000 Unique Entity Identifier (UEI): LXDNEKWRVK]6 Narrative Information Introduction The Bullet -Resistant Shield Grant Program equips law enforcement officers at risk of shootings with bullet -resistant shields. The funding announcement, located on the eGrants Calendar page, describes the organization types, activities, and costs that are eligible under the announcement. The PSO's eGrants User Guide to Creating an Application guides applicants through the process of creating and submitting an application in eGrants. Information and guidance related to the management and use of grant funds can be found in the PSO's Guide to Grants, located on the PSO Resource for Applicants and Grantees webpage. Certifications In addition to the requirements found in existing statute, regulation, and the funding announcement, this program requires applicant organizations to certify compliance with the following: Constitutional Compliance Applicant assures that it will not engage in any activity that violates Constitutional law including profiling based upon race. Active Shooter Policy All eligible organizations that apply for grant funds will ensure its law enforcement agency adopts a Critical Incidents In -Progress (Active Shooter) policy implementing, at a minimum, protocols for assessing an active threat or violent encounter and immediately responding in order to stop the killing, stop the dying, and provide rapid casualty evacuation. The policy should include procedures that address: • Concepts and Principles • Community/First Responder Agency Notifications • Mutual Aid Implementation • Solo Officer Deployment • Officer Team Deployment • Follow -On Responders (Rescue Task Force) • Incident Command - Unified Command Considerations • Incident Debriefing • Training ALERRT Training All officers provided with a grant funded ballistic shield must have either attended 16 hours of ALERRT (Advanced Law Enforcement Rapid Response Training) within the last 24 months or commit to attend within the next 24 months. ALERRT's upcoming course catalog can be found here: httgs://alerrt.oro/UDCOmina. NIJ Ballistic Shield Standards Applicant assures that shields purchased with grant funds will comply with the National Institute of Justice (NIJ) Level III, III+, or IV. Cybersecurity Training Requirement Local units of governments must comply with the Cybersecurity Training requirements described in Section 772.012 and Section 2054.5191 of the Texas Government Code. Local governments determined to not be in compliance with the cybersecurity requirements required by Section 2054.5191 of the Texas Government Code are ineligible for OOG grant funds until the second anniversary of the date the local government is determined ineligible. Government entities must annually certify their compliance with the training requirements using the Cybersecurity Training Certification for State and Local Governments. A copy of the Training Certification must be uploaded to your eGrants application. For more information or to access available training programs, visit the Texas Department of Information Resources Statewide Cybersecurity Awareness Training page. Criminal History Reporting Entities receiving funds from PSO must be located in a county that has an average of 90% or above on both adult and juvenile dispositions entered into the computerized criminal history database maintained by the Texas Department of Public Safety (DPS) as directed in the Texas Code of Criminal Procedure, Chapter 66. The disposition completeness percentage is defined as the percentage of arrest charges a county reports to DPS for which a disposition has been subsequently reported and entered into the computerized criminal history system. Counties applying for grant awards from the Office of the Governor must commit that the county will report at least 90% of convictions within five business days to the Criminal Justice Information System at the Department of Public Safety. Uniform Crime Reporting (UCR) Eligible applicants operating a law enforcement agency must be current on reporting complete UCR data and the Texas specific reporting mandated by 411.042 TGC, to the Texas Department of Public Safety (DPS) for inclusion in the annual Crime in Texas (CIT) publication. To be considered eligible for funding, applicants must have submitted a full twelve months of accurate data to DPS for the most recent calendar year by the deadline(s) established by DPS. Due to the importance of timely reporting, applicants are required to submit complete and accurate UCR data, as well as the Texas -mandated reporting, on a no less than monthly basis and respond promptly to requests from DPS related to the data submitted. Entities That Collect Sexual Assault/Sex Offense Evidence or Investigate/Prosecute Sexual Assault or Other Sex Offenses In accordance with Texas Government Code, Section 420.034, any facility or entity that collects evidence for sexual assault or other sex offenses or investigates or prosecutes a sexual assault or other sex offense for which evidence has been collected, must participate in the statewide electronic tracking system developed and implemented by the Texas Department of Public Safety. Visit DPS's Sexual Assault Evidence Tracking Program website for more information or to set up an account to begin participating. Compliance with State and Federal Laws, Programs and Procedures Local units of government, including cities, counties and other general purpose political subdivisions, as appropriate, and institutions of higher education that operate a law enforcement agency, must comply with all aspects of the programs and procedures utilized by the U.S. Department of Homeland Security ("DHS") to: (1) notify DHS of all information requested by DHS related to illegal aliens in Agency's custody; and (2) detain such illegal aliens in accordance with requests by DHS. Additionally, counties and municipalities may NOT have in effect, purport to have in effect, or make themselves subject to or bound by, any law, rule, policy, or practice (written or unwritten) that would: (1) require or authorize the public disclosure of federal law enforcement information in order to conceal, harbor, or shield from detection fugitives from justice or aliens illegally in the United States; or (2) impede federal officers from exercising authority under 8 U.S.C. § 1226(a), § 1226(c), § 1231(a), § 1357(a), § 1366(1), or § 1366(3). Lastly, eligible applicants must comply with all provisions, policies, and penalties found in Chapter 752, Subchapter C of the Texas Government Code. Each local unit of government, and institution of higher education that operates a law enforcement agency, must download, complete and then upload into eGrants the CEO Law Enforcement Certifications and Assurances Form certifying compliance with federal and state immigration enforcement requirements. This Form is required for each application submitted to OOG and is active until August 31, 2023 or the end of the grant period, whichever is later. Civil Rights Liaison A civil rights liaison who will serve as the grantee's civil rights point of contact and who will be responsible for ensuring that the grantee meets all applicable civil rights requirements must be designated. The designee will act as the grantee's liaison in civil rights matters with PSO and with the federal Office of Justice Programs. Enter the Name of the Civil Rights Liaison: Matt Doherty Enter the Address for the Civil Rights Liaison: 916 Texas Avenue Lubbock, TX 79401 Enter the Phone Number for the Civil Rights Liaison [(999) 999-9999 x9999]: 806-775-2830 Overall Certification Each applicant agency must certify to the specific requirements detailed above as well as to comply with all requirements within the PSO Funding Announcement, the Guide to Grants, the Grantee Conditions and Responsibilities, any authorizing or applicable state and federal statutes and regulations to be eligible for this program. X I certify to all of the application content & requirements. Project Abstract : This application, submitted by the Lubbock Police Department, Lubbock, TX, serves as a request to equip Lubbock Police Officers with bullet -resistant shields. This application is proposed to solicit state funds for this project, as authorized by a Budget Execution Order proposed by the Legislative Budget Board and ratified by Governor Abbott on June 28, 2022, pursuant to Texas Government Code, Section 317.002 and Section 317.005(b). Problem Statement: The City of Lubbock Police Department has a department authorized strength of 445 officers. There are currently no (zero) ballistic shields available to frontline peace officers that will positively respond to Critical Incidents In -Progress (Active Shooter) emergencies. The Lubbock Police Department trains our officers yearly in Active Attack Response, utilizing tactics taught and recommended by the Advanced Law Enforcement Rapid Response Training (ALERRT) program. The Lubbock Police Department serves as the primary agency responsible for Active Shooter response in every school district within our jurisdiction of 135 square miles. Ballistic Shields will equip our officers with an additional tool necessary to effectively gain control of an active attack suspect, and ultimately promote our overall goal of saving as many lives as possible within the event. Supporting Data : The City of Lubbock has 77 public and 10 private school campuses consisting of grades Kindergarten through 12th. This does not include privately owned daycares, early childhood centers, nurseries and other adjunct facilities. These campuses house 44,830 students among 3 major Independent School Districts. Lubbock, TX is also home to Texas Tech University which has a current enrollment of 40,600 students, Lubbock Christian University with an enrollment of 1,664 students, South Plains College with an enrollment of 3,936 students, and Wayland Baptist University with an enrollment of 1,590 students. Of the over 92,620 students within the City of Lubbock, there are currently only 94 sworn peace officers assigned specifically to cover their campuses. These campuses fall in an incorporated city limit that consists of 135 square miles, and within Lubbock County that consists of 901 square miles. The 445 sworn officers of the Lubbock Police Department serve as a force multiplier for the understaffed officers specifically serving in an educational venue. Often, it is the Lubbock Police Officer who is first on scene in an emergency response to one of these campuses. 100% of the time, Lubbock Police Officers will be directly involved in the response to an Active Attack event at one of these campuses. To date, there are currently no (zero) ballistic shields available to Lubbock Police Officers who will be responding to these campuses. Project Approach & Activities: The ballistic shields purchased through this grant would be dispersed among the 22 officers of the Lubbock Police Department Special Response Group (SRG). SRG officers are evenly dispersed among the three shifts that currently exist in the Lubbock Police Department's Field Services Bureau. SRG officers receive extra training in Active Attack Response through ALERRT instruction, as well as in other related topics such as Building Clearing, Close Quarters Battle, and Officer Down Rescue. 12 ballistic shields purchased through this grant would be dispersed among the three Division Stations of the Lubbock Police Department. This would allow supervisors or selected officers from each Division Station to take the ballistic shields into the field of their respective areas of patrol, making them readily available for rapid deployment throughout the city. 6 ballistic shields purchased through this grant would be deployed among the Lubbock Police Department's SWAT Team. The SWAT Team does not currently have access to any ballistic shields that do not fall under manufacturer expiration. Capacity & Capabilities: The Lubbock Police Department trains all its officers yearly in Active Attack response based on ALERRT teachings and methodologies. These tactics include not only ALERRT's Basic response tactics, but also Integrated Response tactics in conjunction with Lubbock's Fire Rescue and Emergency Medical Services. LPD also employs multiple officers among federal task force assignments within the FBI, ATF, DEA, USMS and HSI. LPD is among one of the founding law enforcement agencies in the region's Texas Anti -Gang Center (TAG) and HIDTA programs. LPD officers spearhead efforts in response to Critical Incidents In -Progress (Active Shooter) emergencies among these partnerships. The ballistic shields purchased through this grant would only further the success of our officers in bringing active attack incidents under control through these partnerships. Performance Management: Success for this project will be measured by the continued education and training our officers receive while utilizing the ballistic shields awarded them by this grant. This includes enhancing the proficiency in tactics our officers display when deployed with the ballistic shields. The overriding goal will be the ability to utilize the ballistic shield as a means in which our officers are able to maintain an adequate level of intervention in an active attack incident so that they might save as many lives as possible. Target Group : Lubbock Police Department officers equipped with ballistic shields awarded them by this grant will assist the following agencies in response to Critical Incidents In -Progress (Active Shooter) emergencies: Frenship ISD Police Department, Lubbock ISD Police Department, Cooper ISD Police Department, Texas Tech University Police Department, Lubbock Christian University Police Department, South Plains College Police Department, University Medical Center Police Department, Slaton ISD Police Department, Lubbock County Sheriff's Office, and the greater City of Lubbock and County of Lubbock school communities at large. Evidence -Based Practices: Data gained through the Texas Tactical Police Officers Association (TTPOA), the Texas Narcotics Officers Association (TNOA), and the Advanced Law Enforcement Rapid Response Training programs (ALERRT) based at the Texas State University System indicates that the use of ballistic shields in in response to Critical Incidents In -Progress (Active Shooter) emergencies affords responding officers the opportunity to remain engaged with the suspect in order to bring the incident under control. These organizations have concluded that officers equipped with added levels of ballistic protection, in addition to body -worn armor, have an increased advantage of making a positive response to Active Attack incidents and are therefore more successful in saving as many lives as possible upon their deployment. Project Activities Information Introduction This section contains questions about your project. It is very important for applicants to review their funding announcement for guidance on how to fill out this section. Unless otherwise specified, answers should be about the EXPECTED activities to occur during the project period. Selected Project Activities: ACTIVITY PERCENTAGE: DESCRIPTION The LPD will plan to use awarded funds to purchase 40 ballistic shields for our law enforcement personnel. The Equipment equipment will be used as our officers respond to a variety and 100.00 of critical incidents including armed suspects, hostage Technology situations, active shooters, etc. Distribution will begin based on current assignment, specialized units and highest need as determined by department leadership. CJD Purpose Areas PERCENT DEDICATED I PURPOSE AREA I PURPOSE AREA DESCRIPTION Measures Information Condition Of Fundings Information Hold Condition of Funding / Project Date Date Met Hold Line Requirement Created Funds Item Funds System of Award Management (SAM): Registration with SAM is required by all OOG applicants. Applicants are required to maintain current registrations in the System for Award Management (SAM) database. The SAM database is the 10/31/2022 repository for standard information about 10/31/2022 11:10:10 Yes No federal financial assistance applicants, 9:48:03 AM AM recipients, and subrecipients. Applicants must update or renew their SAM registration at least once per year to maintain an active status. Information about registration procedures can be accessed at http://www.sam.gov/. Resolution: Applications from nonprofit corporations, local units of governments, and other political subdivisions must submit a resolution electronically using the 'Upload' function in the eGrants system. The resolution must contain the following: . Authorization by your governing body for the submission of the application to OOG that clearly identifies the name of the project for which funding is requested; 10/31/2022 . A commitment to provide all applicable 10:06:42 Yes No matching funds; AM . A designation of the name and/or title of an authorized official who is given the authority to apply for, accept, reject, alter, or terminate a grant (Note: If a name is provided, you must update OOG should the official change during the grant period.); and . A written assurance that, in the event of loss or misuse of grant funds, the governing body will return all funds to OOG. Cybersecurity Training: Local units of 12/13/2022 governments must comply with the 11:53:59 Yes No Cybersecurity Training requirements AM described in Section 772.012 and Section 2054.5191 of the Texas Government Code. Local governments determined to not be in compliance with the cybersecurity requirements required by Section 2054.5191 of the Texas Government Code are ineligible for OOG grant funds until the second anniversary of the date the local government is determined ineligible. Government entities must annually certify their compliance with the training requirements using the Cybersecurity Training Certification for State and Local Governments. A copy of the Training Certification must be uploaded to your eGrants application/grant. For more information or to access available training programs, visit the Texas Department of Information Resources Statewide Cybersecurity Awareness Training page. Other Condition of Funding. The maximum amount available for this award is 2/15/2023 $260,037.58. Please submit a budget 3:05:23 PM Yes No adjustment to reconcile the budget line item detail and measures with this amount. This grant must be administered by the Police Department, Sheriff's Office, Constable Precinct, or other Law Enforcement Division/Department within the grantee organization as submitted in 2/15/2023 the original application. Deviation from the 3:05:32 PM No No approved budget or project scope requires prior authorization from the Public Safety Office. Failure to comply with this requirement could result in the termination of your grant. You are logged in as User Name: Tammy Golden ; UserName: Golden —Tammy INTERNALUSER