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HomeMy WebLinkAboutResolution - 2020-R0366 - Texas Traffic Safety Program Grant Agreement, Click it or Ticket ProgramResolution No. 2020-RO366 Item No. 6.1.1 October 27, 2020 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute and on behalf of the City of Lubbock, a Texas Traffic Safety Program Grant Agreement STEP -Click It Or Ticket Mobilization, by and between the City of Lubbock and the State Texas by and through the Texas Department of Transportation, and related documents. S Grant Agreement is attached hereto and incorporated in this resolution as if fully set forth her and shall be included in the minutes of the City Council. Passed by the City Council on October 27, 2020 DANIEL M. POPE, MAYOR ATTEST: Rebecc Garza, City Secreta APPROVED AS TO CONTENT: M -of Police APPROVED AS TO FORM: 47- JiWartsill, Assistant City Attorney vw:ccdocs/RES.TxDOT-Click it or Ticket Mobilization October 7, 2020 City of Lubbock Police Department STEP - CIOT - Thank ivin - 2021 Texas Department Of Transportation - Traffic Safety Electronic SigneWre Authorization Form This form rdeiMes fire person(s) who have the authority to sign grant agreements and amendments for the Grant 1D fisted at the bottom of the page. Name Of Organization: City of Lubbock Project Titre: Ihofzing Aufhorltll signatory of the Subgrardee hereby represents and warrants that she/he is an officer of orgarnation for Bch she/he has amcuted this agreement and that she/he has full and nplete authority to enter into the agremterd on behalf of the organizabon. I stftlize the son(s) fisted under the section "Authorized to EledronicallY Sign Grant Agreements and erdff*Ns" to enter into an agreement on behalf of the organizabort Name: DANIEL M. POPE Tide: R Signature• Ds%e: October 27, 2020 Under the eiy ct Ordinance or Resoiultorn �Number rf likable) 2020-R0366 .._�p.. , Resnl�tion I*In_ -..~_. orized to Electronically Sign GrantAgmenwrits and Amendments - — List Subgrantee Administrators who have =nptete authority to enter Into an agreement on behalf of the organization Print Name of SuNrantee AdminfuFatu in TWO TOOT Traffic SafatY eGraft i Floyd Mitchell Chief of Police Eric Qui}ada Lieutenant, Lubbock Police Departmei . Timothy Seeley Sergeant, Lubbock Police Department 2021-Lubbock PD-CIOT THA-00005Printed On: 1011/2020 Page 1 of 1 City of Lubbock Police Department STEP - CIOT - Thanksgiving - 2021 FOR REV W ONLY - NOT A LEGAL DOCUIIMNT Budget Category Category I - Labor Costs (100) Salaries (200) Fringe Benefits Category I Sub - Total Category li - Other Direct Costs (300) Travel (400) Equipment (500) Supplies (600) Contractual Services (700) Other Miscellaneous Category II Sub - Total Total Direct Costs Category III - Indirect Costs (600) Indirect Cost Rate Summary Total Labor Casts Total Direct Costs Total Indirect Costs Grand Total Fund Sources (Percent Share) All - ST: 2%.V�- X.':U Reber a Garza, City Secreta Budget Summary TXGOT $8.267.88 so $8,2Fi7.88 Match $2:201.67 so $2.201.67 Total 410.469.55 $0 $0 so $Q $0 $0 $0 so $0 $0 $0 $0 $0 $0 so $0 $0 $0 $0 $8,267.88 $2,2-11.67 $10,469.55 $0 $0 so $8,267.08 $2,201.6T $10,469.55 $0 $0 $0 $0 $0 $0 $8,267.89 $2,201.67 $10,469.55 78.97% .03 DANIEL M. POPE, AYOR 2021-Lubbock PD- 05Printed On. 10/1/2020 Page 32 of 32 V C AP OVED TO F Floyd Mitchell, ChieEof Polite e f Ha tsell, Deputy City Attorney City of Lubbock, TX Grant Award New - Budget Detail October 1, 2020 Administrative Information: City Assigned Grant Number: Grant Name: Grant Effective Date: Grant Provider/Agency: Personnel Information: # of full-time positions funded w/grant 86095 FY 20-21 STEP -Click it or Ticket Mobilization 11 / 13/2020-12/02/2020 n/a Texas Department of Transportation Annual Annual General Title of Position Salary Benefits Grant* Fund" Total Budget Information: Grant Appropriation Detail Overtime Total Appropriation Previous Award Amendment Total Award Amount Amount Amount 10,469.55 $ 10,469.55 Texas Traffic Safety eGrants Fiscal Year 2021 Organization Name: City of Lubbock Police Department Legal Name: City of Lubbock Payee Identification Number: 17560005906000 Project Tide: STEP - Click It Or Ticket Mobilization ID: 2021-Lubbock PD-CIOT-THA-00005 Period: 11/13/2020 to 12/02/2020 City of Lubbock Police Department STEP - CIOT - Thanksgiving - 2021 FOR REVIEW ONLY -NOT A LEGAL DOCUUE N— TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT THE STATE OF TEXAS THE COUNTY OF TRAX48 THIS AGREEMENT IS MADE BY and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called Be Department and the, City of Lubbock hereinafter card 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 GovermnenIt ranait District AUTHORITY: Texas Transportation Code, Chapter 723, the Traffic Safely Act of 1967, and the Highway Safety Performance Plan for The Fiscal Year 2021. Name of the Federal Agency. National Highway Traffic Saltily Administration CFDA Number: 20.610 CFDA Title: National Priority SaW Programs Funding Source: Section 406E DUNS: OGM3993 FAIN: Project Titre STEP - Click It Or Ticket Mobilization This project is Not Research and Development Grand Period: This Grant becomes effective on 11H312020 or on the date of final signature of both parties, whichever is later, and ends on 1210212020 unless terminated or otherwise modified. Total Awarded: $10,M.66 Amount Eligible for Reimbursement by the Department S11,267.88 Match Amount provided by the Subgran tw. $2,201.67 2021-Lubbock PD-CIOT-THA-00005PNnted On: 10/1/2020 Page 1 of 32 City of Lubbock Police Department STEP - CIOT - Thanksgiving - 2021 . FOR RK%UW ONLY - NOT A LEGAL DOCUMENT !i AWi;TA 4 1a pis) -V CN M rI�►j Proied Me: STEP - C IL-k It Or Tx kd Paoyxt Desczipt= : To i=w ocapad restrmd use is aB passenga vehicles aad bucks by condwft as intense occupaat protection edmcmed and put c kfionatim aad edu Afm effoat duamg the Badorcemmt period. Inctud'mg this y r, how nay yews has yow oagrecavedfundmg fu dim proied7 Phis wig be am M a mata+e year. 2021-Lubbock PD-CIOT-THA-00005Printed On: 10/1/2020 Page 2 of 32 City of Lubbock Police Department STEP - CIOT - Thanksgiving - 2021 FOR Ri 71EW 0N1Y - NOT A LEGAL DOCU14E rT GRANT AGREEMENT GENERAL TERMS AND CONDITIONS (Revised.07/182019) Definitions. For purposes of these Terms and Conditions, the "Department' is also known as the "State' and the "prospective primary participant" and the "Subgrantee" is also (mown as the "Subnecoenf 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, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of this agreement, including, without limitation, worleeW compensation laws, minimum and mazimum salary and wage statutes and regulations, nondiscrimination laws and regulations, and licensing laws and regulations_ When required, the Subgrantee shall furnish the Department with satisfactory proof of compliance. ARTICLE L STANDARD ASSURANCES The Subgrantee assures and certifies that it will comply with the regulations, policies, guidelines, and requirements, including 2 CFR, Part 200; and the Departments 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 duty adopted or passed as an official act of the applicar>t'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 act in connection with the application and to provide any additional information that may be required. B. a and its subcontractors will comply with Tide VI of the Civil Rights Act of 1984 (Public Law t3t3- 3521 as amended, and in accordance with that Act, no person shall discriminate, on the grounds of race, color, sac, national origin, age, religion, or disability. C. it will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970, as amended; 42 USC (United States Code) JW1 et seq.; and United States Department of Transportation (t1SDOT) regulations, "Uniform Relocation and Real PropertyAcquisition for Federal and Federally Assisted Programs,' 49 CFR, Part 24, which provide for #air and equitable treatment of persons displaced as a result of federal and federally assisted P111Jrams- D. Political activity (Hatch Act) (applies to subrecipients as well as States). The State will comply with provisions of the Hatch Act (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. It will comply with the federal Fair Labor Standards Acts minimum wage and overtime requirements for employees performing project work F. ft will 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, particularly those with whom they have family, business, or other ties. 2021-Lubbock PD-CIOT-THA 00005Printed On: 10/1/2020 Page 3 of 32 City of Lubbock Police Department STEP - CIOT - Thanksgiving - 2021 G. A will 9we the Department the access to and the right to examine all records, books, papers, or documents related to this Grant Agreement. H. k will comply with all requirements imposed by the Department concerning special requirements of law, program requirements, and other administrative requirements. I. it recognizes that marry tlederai 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 Glean Air Act, as amended, 42 USC 1§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 NMI et seq.; and the Comprehensive Environmental Response, Compensation, and liability Act, as amended, 42 USC §§W1 et seq. The Subgrantee also recognizes that the U.S. Environmental Protection Agency, USDOT, 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 requirements 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 Disaster 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 receipt of any federal financial assistance for construction or acquisition purposes for use in any area that 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" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any form of direct or indirect federal assistance. K It will assist the Department in its compliance with Section 106 of the National Historic Preservation Act of 19W as amended (16 USC 470 et seq.k Executive Order 11593, and the Antiquities Code of Texas (National Resources Code, Chapter 191). L R will comply with Chapter 573 of the Texas Government Code by ensuring that no officer, employee, or member of the Subgrantee's governing board or the Subgrantee'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 Code, unless otherwise expressly provided by law. N. If applicable, it will comply with Chapter 551 of the Texas Government Code, which requires all regular, special, or called meetings of govemmentid bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. ARTICLE & COMPENSATION 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 category will be deemed to be an estimate only and a higher amount can be reimbursed, subject to the conditions specified in paragraph B of this Article. N the Project Budget specifies that costs are 2021-Lubbock PD-CIOT-THA-00005Printed On: 10/1/2020 Page 4 of 32 City of Lubbock Police Department STEP - CIOT - Thanksgiving - 2021 based on a specfic rate, permit cast, or other method of payment, reimbursement wntl be teased 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, it, or III) in the approved Project Budget without a grant (budget) amendment, as long as the overrun does not exceed a total of five (5) percent of the maximum amount eligible for reimbursement (TxDOT) in the attached Project Budget for the current fiscal year. This overrun must be off set by an equivaiM 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 TxDaT Electronic Grants Management System (eGrants} prior to 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 fire (5) percent of the amount eligible for reimbursement (TxDOT) in the attached Project Budget requires an amendment of this Grant Agreement. 4. The mwdmum amount eligible for reimbursement shall not be increased above the Grand Total TxDOT Amount in the approved Project Budget, unless this Grant Agreement is amended, as described in Article 5 of this 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 (100) Salaries, Subcategories A, T_nforcement," or B, "PI&E Activities," to exceed the TkDOT amount listed in Subcategory C, "Other." Also, Subgrantees 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 listed in Subcategory B, "Plli`IE 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 Ul. 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 funds. E. Payment of costs incurred under this agreement is further governed by the cost principles outlined in 2 CFR Part 200. F. The Subgrantee agrees to submit monthly Requests far 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 agreement within forty-five (45) days of the end of the grant period. H. Payments are contingent upon the availability of appropriated funds. I. Project agreements supported with federal or TxDOT funds are limited to the length of this Grant Dn4^4 e.n WaA in Oi& f_►-snk Anraannane IF N+e Aalarvninae. 0%-* into nrnierrt i+�A 2021-Lubbock PD-CIOT-THA-00005Pdnted On: 10/1/2020 Page 5 of 32 City of Lubbock Police Department STEP - CIOT - Thanksgiving - 2021 1 ct 1 VY aVW6a1CY a 1 u 11.7 V 1 ar1L ry1 .S'T.111=1a. 11 UM LPCFrm Y ! MI FL UCM 11111 rarer Y 1ac u rc Frl UJC%.L 1 "= demonstrated merit or has potential long-range benefits, the Subgrantee may apply for funding assistance beyond the initial agreement period. Preference for funding will be given to projects based on (t) proposed cost sharing and (2) demonstrated performance history. ARTICLE dv LIMITATION OF LIABILITY Payment of costs incurred under this agreement is contingent upon the availability of funds. tf at any time during this Grant Period, the Department determines that there is insufficient funding to continue the project, the Department shall notify the Subgrantee, giving notice of intent to terminate this agreement, as specified in Article I I of this agreement. If at the end of a federal fiscal year, the Department determines that there is sufficient funding and performance to continue the project, the Department may notify the Subgrantee to continue this agreement. ARTICLE S. AMENDMENTS This agreement may be amended prior to its expiration by mutual written consent of both parties, utilizing the Grant Agreement Amendment in eGm ts. Any amendment must be executed by the parties within the Grant Period, as specified in this Grant Agreement_ ARTICLE & 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 promptly notify the Department in writing through eGrants. y the Department finds that such work does constitute additional work, the Departrrmt shag advise the Subgrantee and a written amendment to this agreement will be executed according to Article 5, Amendments, to provide 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 wdl 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 This will be considered as additional work and will be paid 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 additional 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 work not directly associated with or prior 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 .....................--...a........1...r,....... o.,......:.........:..a....-... &........:....a .�........... 4 -- a..F—d -- 2021-Lubbock PD-CIOT-THA-00005Printed On: 10/1/2020 Page 6 of 32 City of Lubbock Police Department STEP - CIOT - Thanksgiving - 2021 pariairi MILM rePUIL uuyugrr eurarna. Meperurig PWKM war UY IxuiMLuuraunri arw wetxauleu eW follows: 1. For short term projects, the reporting period is the duration of the project. Subgrantee shall submit a performance report 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 report within 30 days of the completion of each bilking cycle. 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 appropriatee, and (3) other pertinent information, including, when appropriate, an analysis and explanation of cost underruns, overruns, or high unit costs. C. The Subgrantee shall promptly 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, that will 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 a RECORDS The Subgmntee agrees to maintain all reports, documents, papers, accounting records, 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 payment under this agreement, until completion of all audits, or until pending litigation has been completely and fully resolved, whichever occurs last Duty 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 8. INDEMNIFICATION A. To the extent permitted by law, 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 #abifty due to the acts or omissions of the Subgrantee, its agents, or employees. The Subgrantee also agrees, tn3 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 a............, :.......-..a 6.. ati.., :., ...— 1*...6..':.._ __ ..... 16- 2021-Lubbock PD-CIOT-THA-00005Printed On: 10/1/2020 Page 7 of 32 City of Lubbock Police Department STEP - CIOT - Thanksgiving - 2021 uarneryra uruurrcu uY UW uMPcuu rnxrt up inryaaurr ur urrir:rwr�e Etaraurr� �murr5 ur nauuruc� as a ec�uu 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. If the 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 acts and deeds of its contractors, employees, representatives, and ARTICLE 10. DISPUTES AND REMEDIES This agreement supersedes any prior oral or written agreements. if a conflict arises between this agreement and the Traffic Safety Program Manual, this agreement shall govern. The Subgrantee shall be responsible for time 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 payrneM 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 time Department, unless: 9. This agreement is terminated 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 Worms the Subgrantee that time 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 IL 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 atherwise 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 subcontractor to provide all reasonable facilities and assistance for the safety and convenience of the inspectors in the performance of their duties. All inspections and evaluations shall be performed in a manner that will not unduly delay the work 2021-Lubbock PD-CIOT-THA-00005Printed On: 10/1/2020 Page 8 of 32 City of Lubbock Police Department STEP - CLOT -Thanksgiving - 2021 ARTICLE 13. AUDIT The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under this agmerneni or indirectly through a subcontract under this agreement Acceptance of funds directly under this agreerent 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 audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit ARTICLE It SUBCONTRACTS A subcontract in excess of $26,000 may not be executed by the Subgrantee without prior written concurrence by the Department. Subcontracts in excess of $26,000 shall contain all applicable terms and conditions of this agreement. No subcontract will relieve the Subgrantee of its responsibility under this agreement. ARTICLE 1S. GRATUITIES 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 Executive Director— B. Any person doing business with or who reasonably speaking may do business with the Department under this agreement may not make any after of benefits, gifts, or favors to Department employees, except as mentioned here above. Failure on the pact of the Subgrantee to adhere to this policy may result in termination of this agreement ►F-%tI1811 z9U.ML''�•1ZKs"IAILTI-jI.7Z The Subgrantee warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Subgraid ee, 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 fee, 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 recover the full amount of such fee, commission, brokerage fee, contingent fee, or gift. ARTICLE 17. CONFLICT OF INTEREST The Subgrardee represents that it or its employees have no conflict of interest that 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 Departments in temsts. ARTICLE 1S. SUBGRANTEE'S RESOURCES A. The Subgrantee certifies that it presently has adequate qualified personnel in its employment to 2021-Lubbock PD-CIOT-THA-0000SPrinted On: 10/1/2020 Page 9 of 32 City of Lubbock Police Department STEP - CIOT - Thanksgiving - 2021 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 W wwledge and experience that will enable there 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 resources required to perform the work - ARTICLE 18. PROCUREMENT AND PROPERTY MANAGEMENT The Subgrantee shall establish and administer a system to procure, control, protect, preserve, use, maintain, and dispose of any property furnished to it by the Department or purchased pursuant to this agreement in accordance with its own procurement and property management procedures, provided that the procedures are not in conflict with (1) the Departments procurement and property management standards and (2) the federal procurement and property management standards provided by 2 CFR §§ 200.310-.310, 200.318-.324. ARTICLE 20. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY Upon completion or termination of this Grant Agreement, whether for cause or at the convenience of the parties, all finished or unfinished documents, data, studies, surveys, reports, maps, drawings, models, photographs, etc. prepared by the Subgrantee, and equipment and supplies purchased with grant funds shall, at the eption of the Department, become the property of the Department. All sleet hes, photographs, calculations, and other data prepared under this agreement shall be made available, upon request, to the Departrrrent 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 renewals, and copyright extensions), 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 Subgrantees intellectual property. For these classes and materials, the Department payment is limited to payment for attendance at classes. ARTICLE 21. SUCCESSORS AND ASSIGNS 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% subK or transfer interest and obligations in this agreement without written consent of the Department through eGrantts. ARTICLE 22. CIVIL RIGHTS COMPLIANCE 2021-Lubbock PD-CIOT-THA-00005Printed On: 10/1/2020 Page 10 of 32 City of Lubbock Police Department STEP - CIOT - Thank ivin - 2021 A Compliance with regulations: The Subgrantee shall comply with the regulations relative to nondiscrimination in federallyasslsted programs of the United States Department of Transportation (USDOT): 49 CFR, Part 21; 23 CFR, Part 200; and 41 CFR, Parts W-74, as they may be amended periodically (called the'Regulations"). The Subgrantee agrees to comply with Executive Order 11246, eritkled 'Equal Employment Opportunity," as amended by Executive Order 11376 and as supplemented by the U.S. Department of Labor regulations (41 CFR, Part 60). B. Nondiscrimination: (applies to subrecipients as well as States) The State highway safety agency will comply with all Federal statutes and implementing regulations relating to nondiscrimination ("Federal Nondiscrimination Authorities'). These include but are not limited to: • Title VI of the Civil Rights Act of 1fiIB4 (42 U.S.C. 2000d et seq., 78 slat_ 2521(prohibits discrimination on the basis of race, color, national origin) and 49 CFR part 21; • The Uniform Relocation Assiance and Real Property Acquisition Polities Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Fedarall,Aid Highway Act of IM , (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1572, as amended (20 U.S.C.1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex); • Section 604 of the Raha Iftatlon Act of 1975 , (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; • The Aga Discrlmination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age), • The Civil Rights Restoration Act of MY, (Pub. L 100-209), (broadens scope, coverage and applicability of Title M of the Civil Rights Act of 1984, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms 'programs or activities' to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally4unded or not); • Titles II and III of the Amerhms with Disabilities Act (42 U.S.C.12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38; • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Popubtions (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populationsk and • Executive Order 13101L Improving Access to Servicas for Parsons with Umitad English Proficiency (guards against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure That LEP persons have meaningful access to programs (70 FR 74087-74100). The State highway safety agency - Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race, color, national origin, disability, sex, age, limited English proficiency, or membership in any other class protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the program is Federally -assisted; Will administer the program in a manner that reasonably ensures that any of its subrecipients, nnnFranMn+ cn�4�nnnMra�Mre ana wnne•idMnfe.rannwrinn CndaralAnanrml acw4e+F nme usnAfte0tie 2021-Lubbock PD-CIOT-THA-00005Printed On: 10/1/2020 Page 11 of 32 City of Lubbock Police Department STEP - CIOT - Thanksgiving - 2021 LAM ru arwI a, awn.vnuar.ws a, aim 6w raunam na s a.civn iU i cuarm rn im mat omoloun we ui rLM u iw program will comply with all requirements of the Non -Discrimination Authorities identified in this Assurance, . Agrees to comply (and require its subrecipients, contractors, subcontractors, and consultants to comply) with as applicable provisions of law or regulation governing US DOT's or NHTSA's access to records, accounts, documents, information, facilities, and staff, and to cooperate and comply with any program or compliance reviews, "or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination Authority; . Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising under these Non -Discrimination Authorities and this Assurance; . Agrees to insert in all contracts and funding agreements with other State or private entities the following clause: 'During the performance of this contractifunding agreement, the contractor/funding recipient agrees - a. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time; b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non- discrimination law or regulation, as set forth in appendix B of 49 CFR part 21 and herein; c. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; d. That, in event a contractor/finding recipient fails to comply with any nondiscrimination provisions in this contractlfunding agreement, the State highway safety agency will have the right to impose such contractlagreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contractfagreernent until the contractodfunding recipient complies; andfor cancelling, terminating, or suspending a contract or funding agreement, in whole or in part; and e. To insert this clause, inciuding paragraphs (a) through (e), in every subcontract and subagreernent and in every solicitation for a subcontract or sub -agreement, that receives Federal funds under this program. 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, nationig 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 ft 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 certify that to the Departnment 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 or its! I JR110T maw &atPrminP in tL annrnnriMp 2021-Lubbock PD-CIOT THA-00005Printed On: 10/1/2020 Page 12 of 32 City of Lubbock Police Department STEP - CIOT - Thanksgiving - 2021 F. Incorporation of provisions: The Subgrantee shall include the provisions of paragraphs A. through E. in every subcontract, including procurements of materials and leases of equipment, unless exempt by the regulations or directives. The Subgrantee shall tabs any action with respect to any subcontract or procurement 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 fltigation 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 shag adopt, in its totality, the Departments federally approved DBE program- C. The Subgrantee shall set an appropriate DBE goal consistent with the Department's DBE 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 T) DOT Form 2396, 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 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 administration of its DBE program or the requirements of 49 CFR Part 2e. 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 contracts_ The Department's DBE program, as required by 49 CFR Part 26 and as approved by USDOT, is incorporated by reference in this agreement. fmplernentation of this program is a legal obligation and failure to carry out its terms shalt be treated as a violation of this agreement. Upon notification to the Subgrantee of its failure to carry out its approved program, the Department may impose sanctions as provided for under 49 CFR Part 2e and may, in appropriate cases, refer the matter for enforcement under 18 USC 1001 and the Program fraud Civil Remedies Act of 19% (31 USC 3801 et seq.). F. Each contract the Subgrantee signs whh 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 contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this 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 subrecipients as well as States) 1. By siqninq and submittinq this proposal, the prospective primary tier participant is providing the 2021-Lubbock PD-CIOT-THA-00005Printed On: 10/1/2020 Page 13 of 32 City of Lubbock Police Department STEP - CIOT - Thanksgiving - 2021 certification set out below and agrees to comply with the reuirertients of 2 CFR parts 180 and 1200. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determirmhon whether to enter into this transaction. However, failure of the prospective primary tier 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 determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Govemment, the department or agency may terminate this transaction for cause or default or Tray pursue suspension or debarment 4. The prospective primary tier participant shall provide immedw* wdlen notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant leams its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms covered transaction, civil judgment, debammt, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assisianee in obtaining a copy of those regulations. 6. The prospective primary tier participant agrees by submitting this 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, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary tier participant further gees by submitting this proposal that it will include the clause titted'Certificadon Regarding Debarment, Suspension, IrieIigibility and Voluntary Exclusion4Awer Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification , in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 8_ A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier coverer 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 (mows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eliigibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (hdps:lAvww.sam.govl). 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 Wumdedge 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. 4n Fvrant fir traneartinne aprthnrivari i snAar naranranh R of *� inctn irtinne if a nartirinant in a 2021-Lubbock PD-CIOT-THA-00005Printed On: 10/1/2020 Page 14 of 32 City of Lubbock Police Department STEP - CIO_T- Thanksgiving - 2021 IV. LAb\.'h IV► Y411-'U%.YWiM7 UWUIW1L16%.V WIIWM► )MAU%IIW I v WI ur-. " 8►I1PUU%' N 6"I u rA veAublloulli a►u covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 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 Govemment, the department or agency may terminate this transaction for cause or defaulL Covered ThnsacUms (1) The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (b) Have not within a three-year 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, State 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 records, malting false statiernents, 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 xb) of this certification; and (d) Have not within a three-year period preceding this application1proposal had one or more public transactions (Federal, State, or local) terminated for cause or default (2) Where the prospective primary participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal. 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. 9 it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal govemment, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarmert- 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant leams that its certification was erroneous when submitted or has became erroneous by reason of changed circumstances. 4. The tears covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 2021-Lubbock PD-CIOT THA-00005Printed On: 10/1/2020 Page 15 of 32 City of Lubbock Police Department STEP - CIOT - Thanksgiving - 2021 5. The prospective lower tier participant agrees by submitting this 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, 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. The prospective low tier participant further agrees by submitting this proposal gut it will include the clause titled Instructions for Lower Tier Participant Cer ifrcatiW including the'Certfication Regarding Debarment, Suspension, Ineligibility and Vokm ary Exclusion - Lower Tier Covered Transaction,' without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require kmrer tier participants to comply with 2 CFR parts 180 and 1200. 7. A participant in a covered transaction may retry upon a certification of a prospective participant in a lower tier 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 is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (httpsllwww.sam.govl). 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, N a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 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 govemment, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment susoen" fiieLint& Ed IkkO any ExciiusjW - Lower Tier Ciovered 1. The prospective lower tier 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 transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the sMements in this certification, such prospective participant shall attach an explanation to this proposal. ARTICLE 2L CERTIFICATION REGARDING FEDERAL LOBBYING (applies to subrecipients as well as States) Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or an behalf of the undersigned, to any person for inftuencing or attempting to influence an officer or employee of arty agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress 2021-Lubbock PD-CIOT-THA-00005Printed On: 10/1/2020 Page 16 of 32 City of Lubbock Police Department STEP - CIOT - Thanksgiving - 2021 in connection with the awarding of any Federal contract, life making of any Federal grant, the maldng of any Federal loan, the entering into of any cooperative agreement, and the edension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cook agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the 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 relmme 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. Arty 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 Subgrardee certifies that the individual or business entity named in this agreement is not ineligible to receive the specified grant, loan, or payment and acknowledges that this agreement may be terminated and payment may be withheld if this certification is inaccurate. 9 the above certification is shown to be false, the Subgrantee is liable to the state for attomeft fees and any other damages provided by law or the agreement. A chill support obligor or business entity ineligible to receive payments because of a payment delinquency of more than thirty (30) days remains ineligible until: all arreatages 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) of Section 231.008, Texas Family Code, as part of a Court -supervised effort to improve eami%s and child support payments_ 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 Transparency Act and implementing regulations at 2 CFR Part 170, including Appendix A This agreement is subject to the following award terms: httaJledockeLai+cess_ggg g01 ftdfM1 J2U 5.Zf aM B. The Subgrantee agrees that it shall: 1.Obtain and provide to the State a System for Award Management (SAM) number (48 CFR subpt- 4.11) if this award provides for more than $25,000 in Federal funding_ The SAM number may be obtained by visiting the SAM web -site at: httos:1hyww_sam_4ov 2- Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine -character number that allows the Federal govemment to track the distribution of federal money. 2021-Lubbock PD-CIOT-THA-00005Printed On: 10/1/2020 Page 17 of 32 City of Lubbock Police Department STEP - CIOT - Thanksgiving - 2021 The DUNS number may be requested Erse of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet (D&B) on-line registration website and 3. Report the total compensation and names of its top five (5) executives to the State if: i. More than 80% of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,00D; and iL The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. ARTICLE 28. SINGLE AUDIT REPORT A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 99-502, ensuring that the single audit report includes the coverage stipulated in 2 CFR Part 20D. B. If threshold expenditures of $750,000 or more are met during the Subgrantee's fiscal year, the Subgrantee must submit a Siingle Audit Report and Management Letter Qf applicable) to TxDOTs Audit Office,125 East I1th Street, Austin, TX 78701 or contact TxDOTs Audit Office at sing leaudits otgn�r C. If expenditures are lass than $750,000 during the Subgrant+ees fiscal year, the Subgrantee must submit a statement to TxDOTs Audit Office as follows: "We did not meet the $750,000 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 fling a report or statement as described above. The required annual tiling shall exbwW 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 (applies to subrecipients as well as States) The State and each subrecipieni will comply with the Buy America requiremerrt (23 U_S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfacbM quality, or that inclusion of domestic materials vinyl increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justfication for approval by the Secretary of Transportation. ARTICLE 310. RESTRICTION ON STATE I OBEYING (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 focal legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include bath direct and indirect (e.g., "grassroots') lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NWTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. 2021-Lubbock PD-CIOT-THA-00005Printed On: 10/1/2020 Page 18 of 32 City of Lubbock Police Department STEP - CIOT - Thanks iving - 2021 ARTICLE 31. NONGOVERNMENTAL ENTITY'S PUBLIC INFORMATION (7his arikk applies only to non7praN envies.) The Subgrantee is required to male any information created or exchanged with the Department pursuant to this Grant Agreement and not otherwise excepted from disclosure under the Texas Public information Act, available in a format that is accessible by the public at no additional charge to the Department. [S134388, 83rd Texas Legislature, Regular Session, Effective 9111131 ARTICLE 32. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to subrecipients as well as States) The State and each subrecipient vall not use 23 U-S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. ARTICLE 33. INTERNAL ETHICS AND COMPLIANCE PROGRAM Subgrantee shall comply with Tide 43 Texas Administrative Code §25.906(b)_ Subgrantee certifies it has adopted an intemal ethics and compliance program that satisfies the requirerna is of Tide 43 Texas Administrative Code 610.51 (relating to Internal Ethics and Compliance Program). Subgrantee shall enforce compliance with that program. 2021-Lubbock PD-CIOT THA-00005Printed On: 10/1/2020 Page 19 of 32 City of Lubbock Police Department STEP - CIOT - Thanksgiving - 2021 FOR REVIEW ONLY - NOT A LEGAL DOCUMENT RESPONSIBILITIES OF THE SUBGRANTEE A Carryout all performance measures established in the grant, including fulfilling the law enforce objectives by implementing the Operational Plan contained in this Grant Agreer. B. Submit all required reports to the Departnnent (NDOT) fully completed with the most current information, and within the required times, as defrrod in Article 3 and Article i of the General Terms and Conditions of this Grant Agreement. This includes reporting to the Department on progress, adnievernards, and probes 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 will arrange for meetings with the Subgrantee to present status of activities and to discuss problems and the schedule for grant related activities. 2. The project director or other appropriate qualified persons will be available to represent the Subgrardee at meetings requested by the Department. E. Support gram enforcement efforts with public information and education (R&E) activities. Salaries being claimed for PIBE activities must be included in the budget F. For art of state travel expenses to be reimbursable, the Subgrantee must have obtained the written approval of the Department, through eGrardss system messaging, prior to the beginning of the trip. Grant approval does not satisfy this requirement.. G. Maintain verification that all expenses, including wages or salaries, for which reimbursement is requested, is for work exclusively related to this project. H. Ensure that this grant will in no way supplant (replace) fiends from other sources. Supplanting refers to the use of federal funds to support personnel or any activity already supported by local or state f ff ds. I. Ensure that each officer working on the STEP project will complete an officer's daily activity report form. The form stwutd include at a minimum: name, date, badge or identification number, type of grant worked, Enforcement Zone identifier, mileage (including starting and ending mileage), lours worked, type of warning or citation issued or arrest made, dker and supervisor signatures. J. M STEP agencies must provide the following provision in all daily activity report forms: 1 wxWstarid tlat this information is being submitted to support a Bairn against a fedemlly- fi Mad nmrd nrnmmm Faka c%tamnntc inn ftc inn% may ha nmetamdahb iaviar 1 R Mgr 2021-Lubbock PD-CIOT-THA-00005Printed On: 10/1/2020 Page 20 of 32 City of Lubbock Police Department STEP - CIOT - Thanksgiving - 2021 I W yr Yr OIL job "I" I r_ ■ "lily MUP-8l sk's wi {A I Y NJ rYRr rr rr ruy Yt.. YI 1 Y Y5J1J 1001. This infomnation on this form is true, correct and complete to the best of my knowledge and ability." The above language should be added to the activity reports immediately above the signature lines of the officer and supervisor. K Ensure that no officer above the rank of Lieutenant (or equivalerrt title) will be reimbursed for enforcement duty unless the Subgrantee received specific written authorization from the Department, through eGrants system messaging, prior to incurring costs. L ti an officer makes a STEP -related arrest during the shift, but does not complete the arrest before the shift is scheduled to end, the officer can continue working under the grand to complete that arrest. M. The Subgrantee should have a safety bell use policy. tithe Subgranteedoes not have a safety beft use policy in place, a policy should be implemented, and a copy maintained for verification during the grant year. N. Officers working DWI enforcement must be trained in the National Highway Traffic Safety AdrrtinistrationNemational Association of Chiefs of Poke Standardized Reid Sobriety Testing (SFST). In the case of a first year subgrantee, the officers must be trained, or scheduled to be SFST trained, by the end of the gram year. For second or subsequent year grams, al officers working DWi enforcement must be SFST trained. O_ The Subgrantee should have a procedure in place for contacting and using drug recognition experts (DREs) when necessary. P. The Subgrantee is encouraged to use the DWk OnXne Reporting System available through the Buckle Up Texas Web site at wwwbUddCUQbMas cam. Revised:1110712017 2021-Lubbock PD-CIOT-THA-00005Printed On: 10/1/2020 Page 21 of 32 City of Lubbock Police Department STEP - CIOT - Thanksgiving - 2021 FOR REVIEW ONLY - NOT A LEGAL DOCUMENT RESPONSIBWTIES 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 6. eGrards B. Provide program management and technical assistance. C. Attend appropriate meetings. D. Reimburse the Subgrarntee for all eligible rusts 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. Pedonm an administrative review of the project at the dose of the gram period to: 1. Ascertain whether or not the project objectives were met 2. Review project accomplishments (performance measures compieted, targets achieved) 3. Account for any approved Program Income earned and expended 4. identify exemplary pedbrmannce or best practices 2021-Lubbock PD-CIOT-THA-00005Pdnted On: 10/1/2020 Page 22 of 32 City of Lubbock Police Department STEP - CIOT - Thanksgiving - 2021 FOR REXIEW ONLY - NOT A LEGAL DOCffJMIE.N'T GOALS{ APED 97RA3MMS Goat To mcsmw sec m edmmet and adin&adw of tmi c sd*-rdakd laws to reduce and seriam mimy washes Strate6m Imease edweeaneat of udk sd*-nb tedlawL Incrmse pubtz e& cadian and iffmmadm cis_ Goat To iaarease occupant restraint me is an pusengeer velides and t wJm Stajr_ Iacrmw of occupant protecOM lbws_ X I agee to tree abowe goals ad strategies. 2021-Lubbock PD-CIOT THA-00005Pdnted On: 10/1/2020 Page 23 of 32 City of Lubbock Police Department STEP - CIOT - Thanksgiving - 2021 FOR REVIEW ONY - NOT A LEGAL I)OCUNMNT LAW ENFORCENUM OBJECTIVE/PF.RFORMANCE MEASURE STEP er>6orcement grants are Smu d on sedturaag crashm sari C5&-It-Or-7wa d (CIOT) ankreemeat grants sped6c* kcas redwing fatal ar saions-injury (KA) crashes vitae vehicle occapaatts are msre*amed m =Fw* restra=A vhetha in sad begs or cMd safety seats (Oompaat Naft $on, at OPT The blsuks on tills page repmsect the baseldme mmnber of KA crashes ubled to CIOT ealb re mmt ei£orts (OP-KA), and the KA crash tsus ets each agency hopes to achieve tivangh CIOT admemmt. The data entered ce dds page is the basis for the grads affm=zd pc&mn ce measures. The Basd'me KA cm* daisis psavi&d by TxDOT Hsiang a 3-year wft average of OP-KA crashes as reported to T3anM& Crash Reporting Idnrmation System (CRIS) da shase. The targets. we each fm seslbehs and chld safety sods, should rdlled a reduction against the BaseTnne KA Crash member in the tap baac. The sum of targets should be less than the cumber of Basd'me KA crashes. Basc& KA Crashes levoh ing Occ upset Pwftcd an (OP KA) for subgranteds joiscktion 21 Target: To reduce the mamba of KA Crashes invotAm kvaopa seatbeh ne to 10 Target To reduce the nmdmw of KA Crashes ffivokiag impaopet chin sdety seam me to 1 Note: Noihmg in Ibis aft shaD be a arpreted as a regnnrement, formal or inrormal, tilt a peace officer iasae a specified or pared�eraoroirad nutnbar of iu pmrstrauce of As Subgraatee's obigations. hereunder. Department and Sabgrautee acikcao a than Texas Transportauen Code Secdan 720.002 prohj%s cmmg traffio-offause quotas and agree that wdneg in this Agreement is thing an illegal quanta. In radMon to file 3TEP enforcement activities, the subgtaattee must nuangin baaseffite nomSM f msded csb*m and arrest activity due to the probbidon of sue. 2021-Lubbock PD-CIOT-THA-00005PHnted On: 10/1/2020 Page 24 of 32 City of Lubbock Police Department STEP - CIOT - Thanksgiving - 2021 FOR REVIEW ONLY - NOT A LEGAL DOCUMENT P�kE O RMANCE MEASURE M agree to the bdow dbds wM apAk hfamsation amd e&catiom (ME) program a. condild asicbm afore (1)presealfim b. Conduct a airAymn a£ two (2) media aWosom (e.g. news cadmares, ams rdease% and ioftviews) c. Con&d a midnom of ono (1) commn* evmts (e g. heats feir% booths) 2021-Lubbock PD-CIOT-THA-00005Printed On: 10/1/2020 Page 25 of 32 City of Lubbock Police Department STEP - CIOT - Thanksgiving - 2021 FOR REVIEW ONLY - NOT A LEGAL DOCUMENT Zamc Na Zone 1 Zane Qudw Avam4c bdwem 41h Street and 19di Ste* Slide Road bdwcm 41h Streit and 191h Location Shut 4fh Street bdween Qnabw and Side Road; 19di Sued bdwecn Qwkw and Slide Road; Zane Hams X Daytime 6 AM to 6 PM e6PMtD6AM Zane He st Map httpsJlwww.dotstde bE nslappsleorants! Uploadl99b6 2_338676-CLIOTZ nelDays pdf (attach) 2021-Lubbock PD-CIOT-THA-00005Pdnted On: 10/1/2020 Page 26 of 32 City of Lubbock Police Department STEP - CIOT - Thanksgiving - 2021 FOR REVIEW ONLY - NOT A LEGAL DO ", f£YT i ') ' ! 1 0 vu Zame Zama 2 Name Zane 341h Street between U wacky Ave = and Talons Aveane; 50th Street between Uwasdy Laced= Aveame and Ive6na Avessae; thmemity Avenge between 34th Street and 501h Street; rndiaaa Aveene between 34th Street aad 50th Svamt Zame X Daytime 6 AM to 6 PM Homts Nye 6 PM to 6 AM Zane Heat MAP btlps'Jhrww.dat stet -b udappslegranW Upkmd1946623 338676-CiIOTTene2Days•PCF (om) 2021-Lubbock PD-CIOT-THA-00005POnted On: 10/1/2020 Page 27 of 32 City of Lubbock Police Department STEP - CIOT - Than ivin - 2021 FOR REVIEW ONLY - NOT A LEGAL DOCUMT Zwe Name Zeae 3 Zone Locadm Avow'q bdwem 191h Steed and 501h Sbed Zane Horns Dwi m e 6 AM to 6 PM X 6 PM to 6 AM Zone Heat Map W1psJ/www.dot.swe.tx wj pps/epm1s/ Upbadr496624_338676- (ana* C U0T7,eoe3Eves pdf 2021-Lubbock PD-CIOT-THA-00005Printed On: 10/1/2020 Page 28 of 32 City of Lubbock Police Department STEP - CIOT - Thanksgiving - 2021 FOR R *H W ONLY - NOT A LEGAL DOCUMM i' Dv 1 S M11,171 i 1 Zane Nmme Z=e 4 Zone Location Covb Road (US-84) b Avae 'Q' and Nw& Loop 289 Zane Hates 6 AM to 6 PM XNime6PMto6AM Zane Had Map hkWlh+vww.dot.state.tx.o6/apps/gpu*! [W=6946625}38676- (an* C UOrLmer4Eves pdf 2021-Lubbock PD-CIOT-THA-00005Pdnted On:101112020 Page 29 of 32 City of Lubbock Police Department STEP - CIOT - Thanksgiving - 2021 FOR REVIEW ONLY - NOT A LEGAL I) C I NT CIOT OPERATIONAL PLAN X 1 ageex w fieiAmimg ca mmenh: Site Des eripdam Occaped Prowfim Jmrbadim Wide Pre -Media Effo to Here Ed=cment period Nwm*a 13.2020 - November 15, 2020 -Edmxamed Period *Animm 0 of edxcemew 4) ice► ar Ajbffi=Y November 16. 2020 - November 29. 2020 Past-Meda forts Alker Ed=emew period November 30. 2020 - December 2. 2020 Reporting Period November 13.2020 - December 2.2020 Desanprian of Acmes Pre -Media Campsip . Caadact locd me & evade mzwdsatey bedwe the edmmemew effort to maocimize the viaibfy of e ccemeet to the public. These rued evab tell the public whew where, how amd why the salty bet laws are be�gg e&cced.Zhese adwNes mmst occur prior to ea£oscemmt activities begiaaio& Bnfimcmed Period * lmtm* enforcement 'In amgb = ovedime STEP that places primary thaw an reducing the mmmber of faint amd saww rashes (KA) iamNmg weamned or bvwpety resbained occwws by pramodog amd M0=8&g Fwff s err chid satiety seat use drairrg the Peak holiday traffic. Officers shonldfocas then edowzmale16ac1 an sead)ek and dead safety se d vioh im% but merry use any probable cease to stop a vehicle with the established emfow memt macs dm* edmeme a hours. Of>lcems wakiag STEP- C10T mast dbc=em stopping an average of 2.5 veil in eseb STEP w bcceowd horn and whhin the e dbreemea hours. 2021-Lubbock PD-CIOT THA-00005Printed On: 10/1/2020 Page 30 of 32 City of Lubbock Police Department STEP - CIOT - Thanksgiving - 2021 Post -media Campaign . Caa&O local media evems iformgg the tw& about the importaaae and eidveness of bek laws andthe rests of tine a&ffeemad activities eondwwd for this project. The Past -Media C=4wp may be m inmmed&* upon eomWletion of the a dorormed peldod Rqwding Pe dod . Armes wS subuk a pe r&wance iepae dmiag tins time period Now . The Mega dates above are to be used as a Vidc- Lift grain a meen ion may reasd is a sobgrante e condac& pre-meda ac6fties at a law date. 2021-Lubbock PD-CIOT-THA-00005PHnted On: 10/1/2020 Page 31 of 32