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HomeMy WebLinkAboutResolution - 2020-R0385 - STEP Impaired Driving Mobilization Program GrantResolution No. 2020-RO385 Item No. 6.1.1 November 2, 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 -Impaired Driving 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 November 2, 2020 DANIEL M. POPE, MAYOR ATTEST: J�). 0-g"Xia Rebec a Garza, City SeAe a APPROVED AS TO CONTENT: Floyd aitciiell, Chief of Police APPROVED AS TO FORM: Jeff Haftsell, Assistant City Attorney vw: ccdocs/RES.TxDOT-STEP October 7, 2020 City of Lubbock Police Department STEP - IDM - 2021 Texas Department Of Transportation - Traffic Safety Electronic Signature Authorization Form This form identifies the person(s) who have the authority to sign grant agreements and amendments for the Grant ID fisted at the bottom of the page - Name Of Organization: City of Lubbock Project Title: STEP - Impaired Driving Mobilization Authorizing Authority ------ he signatory of the Subgrantee hereby represents and warrants that shethe is an officer of he organization for which she/he has executed this agreement and that she/he has full and complete authority to enter into the agreement on behalf of the organization. I authorize the person(s) listed under the section "Authorized to Electronically Sign Grant Agreements and Amendments" to enter into an agreement on behalf of the organization. Name: FDANIEL M. POPE Title: MAYOR Signature: Date: November 2, 2020 Under the authority of Ordinance or Resolution Number (if applicable) FsolutionNo. 2020-RO385 Authorized to Electronically Sign Grant Agreements and Amendments List Subgrantee Administrators who have complete authority to enter into an agreement on behalf of the organization. Print Name of Subgrantee Administrator in Title TOOT Traffic Safety eGrants Floyd Mitchell Chief of Police 2. Eric Quijada ieutenant, Lubbock Police Department 3. (Timothy Seeley Sergeant, Lubbock Police Department 2021-Lubbock PD-IDM-00004 Printed On: 10/6/2020 Page 1 of 1 City of Lubbock Police Department STEP - IDM - 2021 FOR REVIEW ONLY - NOT A LEGAL DOCU-NEENT Budget Summary TxDOT Match Budget Category Category I - Labor Costs (100) Salaries (200) Fringe Benefits Category I Sub -Total Category II - Other Direct Costs (300) Travel (400) Equipment (500) Supplies Contractual (600) Services (700) Other Miscellaneous Category II Sub -Total Total Direct Costs Category IQ - Indirect Costs (800) Indirect Cost Rate Summary Total Labor Costs Total Direct Costs Total Indirect Costs Grand Total Fund Sources $33,539.38 $0 $33,539.38 $0 $0 $0 $0 $0 $0 $33,539.38 $0 $33,539.38 $0 $0 $33,539.38 79.70% 2021-Lub ock PD-IDM-00004 P A ST• APR EI Rebe Garza, City ary Floyd itcr $8,540.42 $0 $8,540.42 $0 $0 $0 $0 $0 $0 $8,540.42 $0 $8,540.42 $0 $0 $8,540.42 20. ° Total DANIEL M. POPE, MAYOR $42,079.80 $0 $42,079.80 $0 $0 $0 $0 $0 $0 S42,079.80 $0 $42,079.80 $0 $0 $42,079.80 y Page 34 of 34 T: PPROVED AS TO i of Police Jeff Hartsell, Deputy City Attorney Administrative Information: City Assigned Grant Number: Grant Name: Grant Effective Date: Grant Provider/Agency: Personnel Information: # of full-time positions funded w/grant Title of Position Total Budget Information: Grant Appropriation Detail Overtime Total Appropriation City of Lubbock, TX Grant Award New - Budget Detail October 1, 2020 86096 FY 20-21 STEP -Impaired Driving Mobilization 12 / 10/2020-09/3 0/2021 Texas Department of Transportation n/a Annual Annual General Salary Benefits Grant* Fund** Previous Award Amendment Total Award Amount Amount Amount 42,079.80 $ 42,079.80 Texas Traffic Safety eGrants Fiscal Year 2021 Organization Name: City of Lubbock Police Department Legal Name: City of Lubbock Payee Identification Number: 17560005906000 Project Title: STEP - Impaired Driving Mobilization ID: 2021-Lubbock PD-IDM-00004 Period: 12/10/2020 to 09/30/2021 City of Lubbock Police Department STEP - IDM - 2021 FOR REVIEW ONLY - NOT A LEGAL DOCUMENT TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT THE STATE OF TEXAS THE COUNTY OF TRAMS THIS AGREEMENT IS MADE BY and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the Department and the, City of Lubbock hereinafter called the Subgrantee, and becomes effective then fully executed by both parties. For the purpose of this agreement, the Subgrantee is designated as a(n) Local Govemment(Transit District. AUTHORITY: Texas Transportation Code, Chapter 723, the Traffic Safety Act of 1967, and the Highway Safety Performance Plan for the Fiscal Year 2021. Name of the Federal Agency: National Highway Traffic Safety Administration CFDA Number: 20.616 CFDA Title: National Priority Safety Programs Funding Source: Section 406D DUNS: 058213893 FAIN: 1 SX920406DTX19 6SA3761930000406DTXM Project Title: STEP - Impaired Driving Mobilization This project is Not Research and Development Grant Period: This Grant becomes effective on 12/1012020 or on the date of final signature of both parties, whichever is later, and ends on 09130/2021 unless terminated or otherwise modified. Total Awarded: $42,079.80 Amount Eligible for Reimbursement by the Department: $33,639.38 Match Amount provided by the Subgrantee: $8,640.42 2021-Lubbock PD-IDM-00004 Printed On: 10/6/2020 Page 1 of 34 City of Lubbock Police Department STEP - IDM - 2021 FOR REXUAV ONLY - NOT A LEGAL DOCURIENrT GENERAL INFORMATION Project Tide = STEP - wed Driving Mobilization Project Description: To conduct DWI enforcement Waves during holiday periods to increase DWI arrests and earned media activity as part of the statewide "Drink. Drive. Go To Jail" campaign and in conjunction with the national Impaired Dri%ing Mobilization campaign How many years has your organization received funding This be our fifth or more year_ for this project? 2021-Lubbock PD-IDM-00004 Printed On: 10/6/2020 Page 2 of 34 City of Lubbock Police Department STEP - IDM - 2021 FOR REXUW ONLY - NOT A LEGAL DOMIENT GRANT AGREEMENT GENERAL TERMS AND CONDITIONS (Revised:07/1812019) 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 known as the "Subrecipient" and "prospective lower tier participant" ARTICLE 1. COMPLIANCE 11111TH 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, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination laws and regulations, and licensing laws and regulations. When required, the Subgrantee shall fumish the Department with satisfactory proof of compliance. ARTICLE 2. STANDARD ASSURANCES The Subgrantee assures and certifies that it will comply with the regulations, policies, guidelines, and requirements, including 2 CFR, Part 200; and the Department's Traffic Safety Program Manual, as they relate to the application, acceptance, and use of federal or state funds for this project. Also, the Subgrantee assures and certifies that: A. It possesses legal authority to apply for the grant, and that a resolution, motion, or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including afl 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. It and its subcontractors will comply with Title VI of the Civil Rights Act of 1964 (Public Law 98- 352), as amended, and in accordance with that Act, no person shall discriminate, on the grounds of race, color, sex, 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) §§4601 et seq.; and United States Department of Transportation (USDOT) regulations, "Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted Programs," 49 CFR, Part 24, which provide for fair and equitable treatment of persons displaced as a result of federal and federally assisted programs. D. 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 Act's minimum wage and overtime requirements for employees performing project work F. It 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-IDM-00004 Printed On: 10/6/2020 Page 3 of 34 City of Lubbock Police Department STEP - IDM - 2021 G. It will give the Department the accesseto and the right to examine all records, books, papers, or documents related to this Grant Agreement. H. It will comply with all requirements imposed by the Department concerning special requirements of law, program requirements, and other administrative requirements. I. It recognizes that many federal and state laws imposing environmental and resource conservation requirements may apply to this Grant Agreement. Some, but not all, of the major federal laws that may affect the project include: the National Environmental Policy Act of 1969, as amended, 42 USC §§4321 et seq_; the Clean Air Act, as amended, 42 USC §§7401 et seq. and sections of 29 USC; the Federal Water Pollution Control Act, as amended, 33 USC §§1251 et seq.; the Resource Conservation and Recovery Act, as amended, 42 USC §§6901 et seq_; and the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42 USC §§9601 et seq. The Subgrantee also recognizes that the U.S. Environmental Protection Agency, 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 1966 as amended (16 USC 470 et seq_), Executive Order 11593, and the Antiquities Code of Texas (National Resources Code, Chapter 191). L. It will comply with Chapter 573 of the Texas Govemment Code by ensuring that no officer, employee, or member of the Subgrantee's governing board or the 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 goveming 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, if will comply with Chapter 551 of the Texas Government Code, which requires all regular, special, or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution ARTICLE 3. 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. If the Project Budget species that costs are 2021-Lubbock PD-IDM-00004 Printed On: 10/6/2020 Page 4 of 34 City of Lubbock Police Department STEP - IDM - 2021 based on a specitic rate, per -unit cost, or other method of payment, reimbursement will be based on the specified method. B. AIi payments will be made in accordance with the Project Budget. 1. The Subgrantee's expenditures may overrun a budget category (1,11, or 111) 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 rrsaximum amount eligible for reimbursement (TxDOT) in the attached Project Budget for the current fiscal year. This overrun must be off -set by an equivalent underrun elsewhere in the Project Budget. 2. If the overrun is five (5) percent or less, the Subgrantee must provide written notification to the Department, through the TxDOT Electronic Grants Management System (eGrants), 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 five (5) percent of the amount eligible for reimbursement (TxDOT) in the attached Project Budget requires an amendment of this Grant Agreement. 4. The maximum 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 (1 DD) Salaries, Subcategories A, "Enforcement," or B, "PI&E Activities," to exceed the TxDOT 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, "PI&E 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 11 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 for Reimbursement, as designated in this Grant Agreement, within thirty (30) days after the end of the billing period. The Request for Reimbursement and appropriate supporting documentation must be submitted through eGrants. G. The Subgrantee agrees to submit the final Request for Reimbursement under this 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 0..­4 i- fki - r-1 - 4. A-.-. --+ K 0- fl­r.. + .i.,r.,.-;-- - 4.- + *i,...... ;. + I - 2021-Lubbock PD-IDM-00004 Printed On: 10/6/2020 Page 5 of 34 City of Lubbock Police Department STEP - IDM - 2021 CIKJU QiM6UMU III L6Ill VIQIIIPMyICCPILC It. II LIM LJC'JGIUI=I IL UCLCII IIII IC' LIIGL LIM VI VJC6L IIGt1 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 (1) proposed cost sharing and (2) demonstrated performance history. ARTICLE 4. LIMITATION OF LIABILITY Payment of costs incurred under this agreement is contingent upon the availability of funds. If at 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 11 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 5. AMENDMENTS This agreement may be amended prior to its expiration by mutual written consent of both parties utilizing the Grant Agreement Amendment in eGrants. Any amendment must be executed by the parties within the Grant Period, as specified in this Grant Agreement. ARTICLE 6. ADDITIONAL WORK AND CHANGES IN WORK A if the Subgrantee is of the opinion that any assigned work is beyond the scope of this agreement and constitutes additional work, the Subgrantee shall promptly notify the Department in writing through eGrants. if the Department finds that such work does constitute additional work, the Department shall 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 will not be performed before a written grant amendment is executed. B. If the Subgrantee has submitted work in accordance with the terms of this agreement but the Department requests changes to the completed work or parts of the work which involve changes to the original scope of services or character of work under this agreement, the Subgrantee shall make those revisions as requested and directed by the Department. This will be considered as additional work and will be paid for as specked in this Article C. If the Subgrantee subrmits 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 T. REPORTING AND MONITORING A Not later than thirty (30) days after the end of each reporting period, the Subgrantee shall submit a 2021-Lubbock PD-IDM-00004 Printed On: 10/6/2020 Page 6 of 34 City of Lubbock Police Department STEP - IDM - 2021 Nci1U1Itlarlr,c rCNult ulruuyrl cutarrea- rl-FutLit ly Putruua vary uy piUi .r uutmurr arlu atc uclurt:u as 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 billing 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 appropriate, and (3) other pertinent information, including, when appropriate, an analysis and explanation of cost underruns, overruns, or high unit costs. C. The Subgrantee shall 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 8. RECORDS The Subgrantee 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 rake 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 resofved, whichever occurs last. Duly authorized representatives of the Department, the USDOT, the Office of the Inspector General Texas State Auditor, and the Comptroller General shall have access to the Records. This right of access is not limited to the four (4) year period but shall last as long as the Records are retained. ARTICLE 9. INDEMNIFICATION A To the extent permitted 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 liability due to the acts or omissions of the Subgrantee, its agents, or employees_ The Subgrantee also agrees, to the extent permitted by law, to indemnify, hold, and save harmless the Department from any and all expenses, including but not limited to attorney fees, all court costs and awards for ,4--,-- inr.. —A 6- 6-6— !`— 4+ # in 1;+in-shinn nr nfhnn.n..n rnrar.4inn ntn;mr — G-. L.itif:..r. nr -, —A 2021-Lubbock PD-IDM-00004 Printed On: 10/6/2020 Page 7 of 34 City of Lubbock Police Department STEP - IDM - 2021 Uatlra%J=s rDg.UIICU Uy ULc UVVaruliM IL rrr Ir11JJaCIU11 ur WI-Wf,c 1cwt ngy 1. cunt, ui naurnrc, a, a rc,Un 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 agents 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 the settlement of all contractual and administrative issues arising out of procurement made by the Subgrantee in support of work under this agreement. Disputes concerning performance or payment shall be submitted to the Department for settlement, with the Executive Director or his or her designee acting as final referee ARTICLE 11. TERMINATION A This agreement shall remain in effect until the Subgrantee has satisfactorily completed all services and obligations described in this agreement and these have been accepted by the Department, unless: 1. 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 informs the Subgrantee that the project is terminated immediately. B. The Department shall compensate the Subgrantee for only those eligible expenses incurred during the Grant Period specked in this Grant Agreement that are directly attributable to the completed portion of the work covered by this agreement, provided that the work has been completed in a manner satisfactory and acceptable to the Department. The Subgrantee shall not incur nor be reimbursed for any new obligations after the effective date of termination. ARTICLE 12. INSPECTION OF WORK A The Department and, when federal funds are involved, the USDOT, or any of their authorized representatives, have the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed under this agreement and the premises in which it is being performed. B. If any inspection or evaluation is made on the premises of the Subgrantee or its subcontractor, the Subgrantee shall provide and require its 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-IDM-00004 Printed On: 10/6/2020 Page 8 of 34 City of Lubbock Police Department STEP - IDM - 2021 ARTICLE 13. AUDIT The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under this agreement or indirectly through a subcontract under this agreement. Acceptance of funds directly under this agreement or indirectly through a subcontract under this agreement acts as acceptance of the authority of the State Auditor, under the direction of the legislative audit committee, to conduct an 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 14. SUBCONTRACTS A subcontract in excess of $25,000 may not be executed by the Subgrantee without prior written concurrence by the Department. Subcontracts in excess of $25,000 shall contain all applicable terms and conditions of this agreement. No subcontract will relieve the Subgrantee of its responsibility under this agreement. ARTICLE 15. 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 offer of benefits, gifts, or favors to Department employees, except as mentioned here above. Failure on the part of the Subgrantee to adhere to this policy may result in termination of this agreement. ARTICLE 16. NONCOLLUSION The Subgrantee warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Subgrantee, to solicit or secure this agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any 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 Subgrantee 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 Department's interests ARTICLE 18. SUBGRANTEE'S RESOURCES A. The Subgrantee certifies that it presently has adequate qualified personnel in its employment to 2021-Lubbock PD-IDM-00004 Printed On: 10/6/2020 Page 9 of 34 City of Lubbock Police Department STEP - IDM - 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 knowledge and experience that will enable them to perform the duties assigned to them. Any employee of the Subgrantee who, in the opinion of the Department, is incompetent or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project. C. Unless otherwise specified, the Subgrantee shall fumish all equipment, materials, supplies, and other resources required to perform the work ARTICLE 19. PROCUREMENT AND PROPERTY MANAGEMENT The Subgrantee shall establish and administer a system to procure, control, protect, preserve, use, maintain, and dispose of any property fumished 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 Department's procurement and property management standards and (2) the federal procurement and property management standards provided by 2 CFR §§ 200.310-.316, 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 option of the Department, become the property of the Department. All sketches, photographs, calculations, and other data prepared under this agreement shall be made available, upon request, to the Department 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 Subgrantee's 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, sublet, or transfer interest and obligations in this agreement without written consent of the Department through eGrants. ARTICLE 22. CiVIL RIGHTS COMPLIANCE 2021-Lubbock PD-IDM-00004 Printed On: 10/6/2020 Page 10 of 34 City of Lubbock Police Department STEP - IDM - 2021 A Compliance with regulations: The Subgrantee shall comply with the regulations relative to nondiscrimination in federally -assisted programs of the United States Department of Transportation (USDOT): 49 CFR, Part 21; 23 CFR, Part 200; and 41 CFR, Parts 60-74, as they may be amended periodically (called the "Regulations"). The Subgrantee agrees to comply with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 and as supplemented by the U.S. Department of Labor regulations (41 CFR, Part 60). B. Nondiscrimination: (applies to subrecipients as well as States) The State highway safety agency will comply with an 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 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin) and 49 CFR part 21; • The Uniform Relocation Assistance and Real Properly Acquisition Policies 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); • Federal -Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; • The Age Discrimination 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 1987, (Pub. L. 100-209), (broadens scope, coverage and applicability of Titre VI of the Civil Rights Act of 1964, 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 Federally -funded or not); • Titles 11 and III of the Americans 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 certaintesting) and 49 CFR parts 37 and 38; • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations (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 populations); and • Executive Order 13166, Improving Access to Services for Persons with Limited 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, .....,br-...1...� ..J..-...,t.-,.-f..... -..,.J �.....-k�nr......... .,.. C...l.,.-.I F.,�.,�:,,I-.r-..:.-t..,� . ...,L.r L,:.. 2021-Lubbock PD-IDM-00004 Printed On: 10/6/2020 Page 11 of 34 City of Lubbock Police Department STEP - IDM - 2021 1. VI ILI a%,LUI S, 0ULA VI ILI QL.LUI J, OI FU L.VI IJULLa1ILJ I VUVLY11 La 1 CUM Gt III IGI IL.IQI CLOJIJLGI FI.0 UI FUGI U nZ, 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 all applicable provisions of law or regulation governing US DOTs or NHTSA's access to records, accounts, documents, information, facilities, and staff, and to cooperate and comply with any program or compliance reviews, and/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 contract/funding agreement, the contractor/funding recipient agrees- a- To comply with an Federal nondiscrimination laws and regulations, as may be amended from time to time; b. Not W 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 contract/funding agreement, the State highway safety agency will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contracttagreement until the contractortfunding recipient complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part; and e. To insert this clause, including paragraphs (a) through (e), in every subcontract and subagreement 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, national origin, age, religion, or disability- D. Information and reports: The Subgrantee shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Department or the USDOT to be pertinent to ascertain compliance with the Regulations or directives. Where any information required of the Subgrantee is in the exclusive possession of another who fails or refuses to furnish this information, the Subgrantee shall certify that to the Department or the USDOT, whichever is appropriate, and shall set forth what efforts the Subgrantee has made to obtain the requested information. E Sanctions for noncompliance: In the event of the Subgrantee's noncompliance with the nondiscrimination provision of this agreement, the Department shall impose such sanctions as it or the i 1Snr1T may (ImprminP to hp annrnnriatP 2021-Lubbock PD-IDM-00004 Printed On: 10/6/2020 Page 12 of 34 City of Lubbock Police Department STEP - IDM - 2021 .-I .........rr...r.., - 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 take 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 M addition, the Subgrantee may request the United States to enter into such litigation to protect the interests of the United States. ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM A_ The parties shall comply with the DBE Program requirements established in 49 CFR Part 26. B The Subgrantee shall adopt, in its totality, the Department's federally approved DBE program. C. The Subgrantee shall set an appropriate DBE 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 TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally,Approved Disadvantaged Business Enterprise by Entity and attachments found at web address http /twvwv txdot aov/business/DartnershiDsldbe htmi E. The Subgrantee shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26 The Subgrantee shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-discrimination in award and administration of USDOT-assisted 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 Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Subgrantee of its failure to carry out its approved program, the Department may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 USC 1001 and the Program Fraud Civil Remedies Act of 1986 (31 USC 3801 et sec}.). F. Each contract the Subgrantee signs with a contractor (and each subcontract the prime contractor signs with a sub -contractor) must include the following assurance: The contractor, sub -recipient, or sub -contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this 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) Instructions for Primary Tier Participant Certification (States) 1. By signinq and submitting this proposal. the prospective onmary tier participant is providing the 2021-Lubbock PD-IDM-00004 Printed On: 10/6/2020 Page 13 of 34 City of Lubbock Police Department STEP - IDM - 2021 certification set out below and agrees to comply with the requirements 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 determination 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 Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment. 4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances 5. The terms 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 department or agency to which this proposal is being submitted for assistance 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 agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, rneligbility and Voluntary Exclusion -Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in afl lower tier covered transactions and in alli solcitations 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 covered transaction that k 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 websfte (https://www-sam.gov/)- 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings - in i`vrant fnr trancartinnc ai dhnri7a►i i cnriar naranranh R of theca inctn trtinnc if a nartirinant in a 2021-Lubbock PD-IDM-00004 Printed On: 10/6/2020 Page 14 of 34 City of Lubbock Police Department STEP - IDM - 2021 1 V. L/N JJL I V{ CI — IO L"I 1J UUtbtW8l -- ­ 1\K VU- tlyl UVI 1 V V t U M1., tl 9JU U%.Lr t /J, 11 U FUk \IMIFD tt tt t tJ covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart $.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment Suspension, and Other Re= nsibibty Matters Primary Tier Covered Transactions (1) The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principars: (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, making false statements, or receiving stolen property, (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification, and (d) Have not within a three-year period preceding this application/proposal 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. Instructions for Lower Tier Participant Certification 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. if it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. 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 teams that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms 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-IDM-00004 Printed On: 10/6/2020 Page 15 of 34 City of Lubbock Police Department STEP - IDM - 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 ip this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled 'instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction," without modification, in alf 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_ 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR 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 ine5gible 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 webs4e (https-./twww.sam.gov/) 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings 9. Except for transactions authorized under paragraph 5 of these instructions, if a 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 government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. Certification Regarding Debarment, Sus nsion. lneliat ft and Voluntary Exclusion Losver Ter Covered Transactions: 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 statements in this certification, such prospective participant shall attach an explanation to this proposal. ARTICLE 25. 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 on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress 2021-Lubbock PD-IDM-00004 Printed On: 10/6/2020 Page 16 of 34 City of Lubbock Police Department STEP - IDM - 2021 in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for 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 reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who failsto 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 Subgrantee 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. If the above certification is shown to be false, the Subgrantee is liable to the state for attorney's fees and any other damages provided by law or the agreement. A child support obligor or business entity ineligible to receive payments because of a payment delinquency of more than thirty (30) days remains ineligible until: all arrearages have been paid; the obligor is in compliance with a written repayment agreement or court order as to any existing delinquency; or the court of continuing jurisdiction over the child support order has granted the obligor an exemption from Subsection (a) of Section 231.006, Texas Family Code, as part of a court -supervised effort to improve earnings 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: http 1/edocket access qpg gov]2010/pdUO10-22705 g_df and http /ledocket.access gpo gov/2010/pdf/2010-22706-Ddf . 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: https_//www.sam_gov 2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine -character number that allows the Federal government to track the distribution of federal money. 2021-Lubbock PD-IDM-00004 Printed On: 10/6/2020 Page 17 of 34 City of Lubbock Police Department STEP - IDM - 2021 The DUNS number may be requested free of charge for all businesses and entities required to do so by visiting the Dun A Bradstreet (D&B) on-line registration website http:hfedgov.dnb.com/Webform,- and 3. Report the total compensation and names of its top fire (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 $25,000,000; and ii. 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. 98-502, ensuring that the single audit report includes the coverage stipulated in 2 CFR Part 200. B. If threshold expenditures of $750,000 or more are met during the Subgrantee's fiscal year, the Subgrantee must submit a Single Audit Report and Management Letter (if applicable) to TxDOTs Audit Office, 125 East 11th Street, Austin, TX 78701 or contact TxDOTs Audit Office at sin g leaudits(dtxd ot. gov C. If expenditures are less than $750,000 during the Subgrantee's fiscal year, the Subgrantee must submit a statement to TxDOT's 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 filing a report or statement as described above The required annual filing shall extend throughout the life of the agreement, unless otherwise amended or the project has been formally closed out and no charges have been incurred within the current fiscal year. ARTICLE 29. BUY AMERICA ACT (applies to subrecipients as well as States) The State and each subrecipient will comply with the Buy America requirement (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 domesticai�y produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by 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 justification for approval by the Secretary of Transportation ARTICLE 30. RESTRICTION ON STATE LOBBYING (applies to subrecipients as well as States) None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any speck legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroo&') lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA 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-IDM-00004 Printed On: 10/6/2020 Page 18 of 34 City of Lubbock Police Department STEP - IDM - 2021 ARTICLE 31. NONGOVERNMENTAL ENTITY'S PUBLIC INFORMATION (This artide applies only to non-profit entities_) The Subgrantee is required to make 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. [SB-1368, 83rd Texas Legislature, Regular Session, Effective 9/1/13] ARTICLE 32. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies,to subrecipients as well as States) The State and each subrecipient will 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 Title 43 Texas Administrative Code §25.906(b). Subgrantee certifies it has adopted an internal ethics and compliance program that satisfies the requirements of Title 43 Texas Administrative Code §10.51 (relating to Internal Ethics and Compliance Program). Subgrantee shall enforce compliance with that program. 2021-Lubbock PD-IDM-00004 Printed On: 10/6/2020 Page 19 of 34 City of Lubbock Police Department STEP - IDM - 2021 FOR REVIEW ONLY - NOT A LEGAL DOCUMENT RESPONSIBILITIES OF THE SUBGRANTEE A. Carry out all performance measures established in the grant, including fulfilling the law enforcement objectives by implementing the Operational Plan contained in this Grant Agreement. B. Submit all required reports to the Department (TxDOT) fully completed with the most current information, and within the required times, as defined in Article 3 and Article 7 of the General Terms and Conditions of this Grant Agreement_ This includes reporting to the Department on progress, achievements, and problems in monthly Performance Reports and attaching necessary source documentation to support all costs claimed in Requests for Reimbursement (RFR)_ C. Attend grant related training as requested by the Department D_ Attend meetings according to the following: 1. The Department 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 Subgrantee at meetings requested by the Department- E. Support grant enforcement efforts with public information and education (PIBE) activities. Salaries being claimed for PI&E activities must be included in the budget. F. For out of state travel expenses to be reimbursable, the Subgrantee must have obtained the written approval of the Department, through eGrants system messaging, prior to the beginning of the trip. Grard 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) funds from other sources. Supplanting refers to the use of federal funds to support personnel or any activity already supported by local or state funds. I. Ensure that each officer working on the STEP project will complete an officer's daily activity report form. The form should include at a minimum- name, date, badge or identification number, type of grant worked, Enforcement Zone identifier, mileage (including starting and ending mileage), hours worked, type of warning or citation issued or arrest made, officer and supervisor signatures. J_ All STEP agencies must provide the following provision in all daily activity report forms: "I understand that this information is being submitted to support a claim against a federally- fiinHaH recant nrnnrnm 9:Pka ctatpmantc nn thic fnrm may ha nrncpn dahip i inriar 1 R 1 1Cr. 2021-Lubbock PD-IDM-00004 Printed On: 10/6/2020 Page 20 of 34 City of Lubbock Police Department STEP - IDM - 2021 1001. This information 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 equivalent 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. If an officer makes a STEP -related arrest during the shift, but does not complete the arrest before the shift is scheduled to end, the officer can continue working under the grant to complete that arrest. M. The Subgrantee should have a safety belt use policy. if the Subgrantee does not have a safety belt use policy in place, a policy should be implemented, and a copy maintained for verification during the grant year- N. Officers working DWI enforcement must be trained in the National Highway Traffic Safety AdministrationAnternational Association of Chiefs of Police Standardized Field Sobriety Testing (SFST). In the case of a first year subgrantee, the officers must be trained, or scheduled to be SFST trained, by the end of the grant year. For second or subsequent year grants, all officers working DWI enforcement must be SFST trained. 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 DWI Online Reporting System available through the Buckle Up Texas Web site at www.buckleuotexas.com_ Revised: 11 /07/2017 2021-Lubbock PD-IDM-00004 Printed On: 10/6/2020 Page 21 of 34 City of Lubbock Police Department STEP - IDM - 2021 FOR REVIEW ONLY - NOT A LEGAL DOCUMENT RESPONSIBILITIES OF THE DEPARTMENT A. Monitor the Subgrantee's compliance with the performance obligations and fiscal requirements of this Grant Agreement using appropriate and necessary monitoring and inspections, including but not limited to: 1. review of periodic reports 2_ physical inspection of project records and supporting documentation 3_ telephone conversations 4. a -mails and letters 5. quarterly review meetings 6. eGrants B. Provide program management and technical assistance. C. Attend appropriate meetings. D. Reimburse the Subgrantee for all eligible costs as defined in the project budget. Requests for Reimbursement will be processed up to the maximum amount payable as indicated in the project budget. E. Perform an administrative review of the project at the close of the grant period to: 1 _ Ascertain whether or not the project objectives were met 2_ Review project accomplishments (performance measures completed, targets achieved) 3_ Account for any approved Program Income earned and expended 4_ Identify exemplary performance or best practices 2021-Lubbock PD-IDM-00004 Printed On: 10/6/2020 Page 22 of 34 City of Lubbock Police Department STEP - IDM - 2021 FOR REXUAV ONLY - NOT A LEGAL DOCUIIIENT GOALS AND STRATEGIES Goat To increase effective enforcement and adjudication of traffic safety -related laws to reduce fatal and serious injury crashes Strategies: Increase enforcement of traffic safety -related laws_ Increase public education and information campaigns. Goal: To reduce the number of DWI -related crashes, injuries, and fatalities. Strategy: Increase enforcement of DWI laws. X I agree to the above goals and strategies. 2021-Lubbock PD-IDM-00004 Printed On: 10/6/2020 Page 23 of 34 City of Lubbock Police Department STEP - IDM - 2021 FOR REN IEW ONLY - NOT A LEGAL DOCUMENT LAW ENFORCMFNT OBJECUMPERFORMANCE MEASURE': Jurisdictional average annual DWLIDUI KA crashes 21 Enforc ement activities to reduce total DATUDUI KA crashes during this fiscal year to 10 Note: Nothing in this agreement shall be interpreted as a requirement formal or informal: that a peace offer issue a specified or predetermined number of citations in pursuance of the Subgrantee's obligations hereunder. Department and Subgrantee acknowledge that Texas Transportation Code Section 720.002 prohibits using traffic -offense quotas and agree that nothing in this Agreement is estabishmg an illegal quota_ In addition to the STEP enforcement activities, the subgrantee must maintain baseline non -STEP funded citation and arrest activity due to the prohibition of supplanting. 2021-Lubbock PD-IDM-00004 Printed On: 10/6/2020 Page 24 of 34 City of Lubbock Police Department STEP - IDM - 2021 FOR REVIEW ONLY - NOT A LEGAL DOCLTN ENT PMiE 0BJECMT/PERF0IZXl AT CE MEASURE X I agree to the below efforts with a public information and education (PI&E) program. a- Conduct a of one (1) presentations b. Conduct a minimum of two (2) media exposures (e.g_ news conferences, news releases, and interviews) c. Conduct a minim of one (1) community e%rents (e.g. health fairs, booths) 2021-Lubbock PD-IDM-00004 Printed On: 10/6/2020 Page 25 of 34 City of Lubbock Police Department STEP - IDM - 2021 FOR REN IEW ONLY - NOT A LEGAL DOCUMENT OPERATIONAL PLAN (ENFORCEMENT ZONES) Zone Name: Zone 1 Zone Location: 34th Street between University Avenue and FranUord Avenue Zone Hours : 6 PM -6 AEI, Monday -Sunday during established eabrcement periods_ Zone Heat Map: https)'/www.dot_state.tx.&apps/egrantsJ_Upload/1000100_336804- (attach) IDMZonel.pdf 2021-Lubbock PD-IDM-00004 Printed On: 10/6/2020 Page 26 of 34 City of Lubbock Police Department STEP - IDM - 2021 FOR REVIEW ONLY - NOT A LEGAL DOCUMENT OPERATIONAL PLAN MN-FORCEMET" T ZONES) Zone Name: Zone 1 Google Map Zone Location: 34th Street between University Avenue and Franlford Avenue Zone Hoare : 6 PM -6 AM Monday -Sunday dieing established enforcement periods_ Zone Heat Map: httpsJ/www.dot.state.tx.uslappstegrants!_Llpload I000102_336804-IDMZonel- (attach) GoogleMaps_pdf 2021-Lubbock PD-IDM-00004 Printed On: 10/6/2020 Page 27 of 34 City of Lubbock Police Department STEP - IDM - 2021 FOR REXUAV ONLY - NOT A LEGAL DOCLNIENT OPERATIONAL PLAN (El\-FORCE14IENT ZONE Zone Name: Zone 2 Zone Location: S&de Road between North Loop 284 and 64th %eet Zone Hours : 6 PM -6 AEI, Monday -Sunday during estab}ished enforcement periods. Zone Heat Map: httprllwww.dot.state_tx.us/apps�egrants/ upioad/1000104 336804- (attach) IDMZone2_pdf 2021-Lubbock PD-IDM-00004 Printed On: 10/6/2020 Page 28 of 34 City of Lubbock Police Department STEP - IDM - 2021 FOR REti'IEW ONLY - NOT A LEGAL DOCUINLEN'T OPERATIONAL PLAN (Eli-FORCEXIENT ZONES) Zone Name: Zone 2 Google Map Zone Location: Slide Road between North Loop 284 and 64th Street Zone Hours: 6 P-M -6 AM, Monday-Symday during established enforcement periods. Zone Heat Asap : hVs://www.dotstate.t Lusiappstegraats/_Upload/1000106_336804-ID.i\1Zone2- (attwh) Goog)eaps.pdf 2021-Lubbock PD-IDM-00004 Printed On: 10/6/2020 Page 29 of 34 City of Lubbock Police Department STEP - IDM - 2021 FOR REAUNV ONLY - NOT A LEGAL DOCUNTIENT OPERATIONAL PLAN (ENFORCEMENT ZONES) Zone Name: Zone 3 Zone Location: 4th Street between Frankford Avenue and Unimsity Avenue Zone Hours : 6 PM -6 A-v1, Monday -Sunday wing established eaforcement periods_ Zone Heat Map: https:/Iwww.dot.state.bc.ustappslegranW_Uploadf1000107_336804- (attach) IDMZone3.pdf 2021-Lubbock PD-IDM-00004 Printed On: 10/6/2020 Page 30 of 34 City of Lubbock Police Department STEP - IDM - 2021 FOR REVIEW ONLY - NOT A LEGAL DOCUMENT OPERATIONAL PLAN (Eli-FORCENIEN r ZONES) Zone Name : Zone 3 Google Map Zone Location: 4th Street between F'rankford Avenue and University Avenue Zone Hours : 6 PM -6 AM Monday -Sunday during established enforcement periods. Zone Heat Map : httpsl/ww%v.dotstate.tx_ns/apps/egrants/_Upba&1000109_336804-IDMZone3- (attach) GoogW-Maps-pdf 2021-Lubbock PD-IDM-00004 Printed On: 10/6/2020 Page 31 of 34 City of Lubbock Police Department STEP - IDM - 2021 FOR REXIEW ONLY - NOT A LEGAL DOCUhIEENT IDM OPERATIONAL PLAN 2020 The below operational plan dates have been updated to match the National Enforcement Dates. Please click on I Agree box to confirm your agency agreeing to below calendar X 1 Agree to the following Comments: Mobilization Summary The purpose of this mobilization is to conduct high -visibility saturation patrols within the Enforcement Zones identified in the Operational Plan (Enforcement Zone) section of the grant for at least four days between the hours of 6p-6a, Monday -Sunday during the enforcement periods outlined in the sections below. Subgrantee must also perform pre- and post -enforcement earned -media campaigns for each enforcement period. Christmas/New Year's Wave Pre -Media Campaign December 15, 2020- December 17, 2020 Enforcement Period December 18, 2020- January 01, 2021 Post -Media Campaign January 02, 2021 - January 04, 2021 Spring Break Wave Pre -Media Campaign March 02, 2021 - March 04, 2021 Enforcement Period March 05, 2021 - March 21, 2021 Post -Media Campaign March 22, 2021 - March 24, 2021 Independence Day Wave Pre -Media Campaign ,tune 22, 2021 - June 24, 2021 2021-Lubbock PD-IDM-00004 Printed On: 10/6/2020 Page 32 of 34 City of Lubbock Police Department STEP - IDM - 2021 C111UI1.11111C11L f Cl luu Jul LJ, GUL 1 - July 1 1, LUG 1 Post -Media Campaign July 12, 2021 - July 14, 2021 Labor Day Crackdown Pre -Media Campaign August 17, 2021 - August 19, 2021 Enforcement Period August 20, 2021 - September 06, 2021 Post -Media Campaign September 07, 2021 - September 09, 2021 Description of Activities Pre -Media Efforts Before Conduct local media events immediately before the enforcement Enforcement Periods: effort to maximize the visibility of enforcement to the public. The media events tell the public when, where, how and why impaired driving laws are being enforced. Enforcement Periods: lntens4 enforcement through coordinated saturation patrols in an overtime STEP placing primary emphasis on increasing DWI arrests and reducing the number of alcohol related traffic crashes during peak holiday traffic. Post -Media Efforts After Conduct local media events informing the public about the Enforcement Periods: importance and effectiveness of belt laws and the results of the enforcement activities conducted for this project The Post -Media Campaign may begin immediately upon completion of the enforcement period 2021-Lubbock PD-IDM-00004 Printed On: 10/6/2020 Page 33 of 34