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HomeMy WebLinkAboutContract 50138 Texas Traffic Safety eGrants Fiscal Year 2018 Organization Name: City of Fort Worth Police Department Legal Name: City of Fort Worth Payee Identification Number: 17560005286018 Project Title: STEP Comprehensive ID: 2018-Fortwort-S-1 YG-0032 Period: 01/02/2018 to 09/30/2018 �O oFFOP��P�� OFFICN�RECORD JJCRL IT sc���tsssA� ", vooRrffo TX City of Fort Worth Police Department STEP-2018 TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT THE STATE OF TEXAS THE COUNTY OF TRAVIS THIS AGREEMENT IS MADE BY and between the State of Texas,actirxg by and through the Texas Department of Transportation,hereinafter called the Department and the, City of Fort Worth 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 GovernmentlTransit District AUTHORITY:Texas Transportation Code, Chapter 723,the Traffic Safety Act of 1967, and the Highway Safety Performance Plan for the Fiscal Year 2018. Name of the Federal ' gyk(.., National Highway Traffic Safety Administration CFDA Number_ 20.600 CFDA Title_ State and Community Highway Safety Grant Program Funding Source. Section 402 DUNS_782003727 FAIN: 18X9204020TX17 69A37518300004020TX0 Project Title: STEP Comprehensive This project is Not Research and Development Grant Period:This Grant becomes effective on 01102/2018 or on the date of final signature of both parties,whichever is later and ends c ri 08/30/2018 unless terminated or otherwise modified. Total Awarded:$210,623.25 Amount Eligible for Reimbursement by the Department: $167,630.63 Match Amount provided by the Subgrantee: $42,992.62 2018-Fortwort-S-1YG-0032 Printed On: 1/4/2018 Page 1 of 33 City of Fort Worth Police Department STEP-2018 TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT The signatory of the Subgrantee hereby represents and warrants that sheibe is an officer of the organization forwhich she/he has executed this agreement and that sheltie has full and complete authority to enter into this agreement on behalf of the organization- Subgrantee Signature By checking this box,I agree to use electron signatures_Furthermore,I confirm that I have X signature authority to execute this document and it is an electronic representation of my signatwe for all purposes when I use it on documents,including legally binding contracts just the same as a pen-and-paper signature. Name:Sasha Kane Title: Planner Date_ Dec 27 2017 319PM TxDOT Signature By checking this box,I agree to use electronic signatures_Furthermore:I confirm that I have X signature authority to execute this document and it is an electronic representation of my signature for A purposes when I use it on documents,including legally binding contracts just the same as a pen-and-paper signature. Name:Terry Pence Title: Traffic Safety Director Date: Jan 2 2018 834PM 2018-Fortwort-S-1YG-0032 Printed On: 1/4/2018 Page 2 of 33 City of Fort Worth Police Department STEP-2018 Texas Traffic Safety Program GRANT AGREEMENT GENERAL TERMS AND CONDMONS Definitions:For purposes of these Terms and conditions,the'Department7 is also Known as the'State"and the "prospective primary participant'and the'Subgrantse is also Known as the"Subrecipient"and"prospective lower ter 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,workers'compensation laws,minimum and maximum salary and wage statutes and regulations,nondiscrimination taws and regulations,andCcensinglaws and regulations,When required,the Subgrantee shall furnish the Department with satisfactory proof of compliance. ARTICLE 2.STANDARD ASSURANCES The Subgrantee assures and certifies thatit will complywith the regulations,policies,guidelines,and requirements,including 2 GFR,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 forthe grant;and that a resolution,motion,orsirnilar action has been duly adopted or passed as an official act of the applicants 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 ofthe.appticantto act in connection with the application andto provide any additional information that may be required. B.It and its subcontractors will comply with Title VI of the Gout Rights Act of 19634(Public Law 88-352),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 Properly Acquisition for Federal and Federall, ;,ssisted Programs,"49 CFR,Part 24,which provide for fair and equitable treatment of persons displaced as a result of federal and federally assisted programs. D.It will comply with political 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.Itwill complywith the federal Fair Labor Standards Acts minimum wage and overtime requirements for employees performing project work. F.It Y411 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. G_Itwill give the Departmentthe access to and the right to examine all records,books,papers,or documents related to this Grant Agreement H.It will complywith all requirements imposed by the Department concerning special requirements of law, program requirements,and other administrative requirements. 2018-Fortwort-S-1YG-0032 Printed On: 1/4/2018 Page 3 of 33 City of Fort Worth Police Department STEP-2018 1.It recognizes that manyfederal 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 1569,as amended,42 USC§§4321 et seq.;the Clean Air Act,as amended,42 USC§§7401 at seq.and sections of 29 USC;the Federal Water Pollution Control Act,as amended,33 USC§§1251 etseq.;the Resource Conservation and Recovery Act,as amended,42 USC§§6901 etseq_;and the Comprehensive Environmental Response,Compensation,and Liability Act,as amended,42 USC§§9601 at 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. S.It will comply with the flood insurance purchase requirements of Section 102(a)of the Flood Disaster Protection Acct 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 at seq.),Executive Order 11593,and the Antiquities Code of Texas(National Resources Code,Chapter 191)- L.ltwill 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 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 paymentfor 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 specifies that costs are based on a specific rate,per-unit cost or other method of payment,reimbursement will be based on the specified method. B.Ali payments will be made in accordance with the Project Budget. 1.The Subgrantee's expenditures may overrun a budget category(I,11,or iil)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(rxDOT)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 reasan(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. 2018-Fortwort-S-1YG-0032 Printed On: 1/4/2018 Page 4 of 33 City of Fort Worth Police Department STEP-2018 4.The maximum amount eligible for reimbursement shall not be increased above the Grand Total TOOT 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 td use underrun f irids from the TxDOT amount of(100)Salaries,Subcategories A."Enforcement;or B, `P]&E AcNties,'to exceed the Txb0T amount listed in Subcategory C,'tither. Also,Subgrantees are not allowed to use underrun funds from the TOOT amount of(100)Salaries,Subcategories A,'Enforcement;or C,"Other;to exceed the TOOT amount listed in Subcategory B,'PIRE Atttivities'The TOOT 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 Ili. 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 Perlod 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 orTxDOTfunds 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 blaring 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 agreementwithin forty-five (45)days of the end of the grant period. H.Payments are contingent upon the availability of appropriated funds. 1.Project agreements supported with federai or TxDOT funds are limited to the length of this Grant Period specified in this Grant Agreement.if the Department determines that the project has demonstrated merit or has potential long-range benefits,the Subgrantee may 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.LIMn AT1ON OF LIABILrrY 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 S.AMENDMENTS This agreement may be amended priorto 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 2018-Fortwort-S-1YG-0032 Printed On: 1/4/2018 Page 5 of 33 City of Fort Worth Police Department STEP-2018 compensation for doing this work on the same basis as the original work.If performance ofthe 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.Ifthe Subgrantee has submitted work in accordance with theterms of this agreement butthe Department requests changes to the completed work or parts.ofthe workwhich involve changes to the original scope of services or character ofworkunderthis 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 ofthis 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 to by the Department No additional compensation shall be paid for this work E The Department shall not be responsibte for actions by the Subgrantee or any costs incurred by the Subgrantee relating to additional work not directly associatedwith or prior to the execution of an amendment ARTICLE 7.REPORTING AND MONITORING A Not later than thirty(30)days atter the end of each reporting period,the Subgrantee shall submit a performance report through eGrants_Reporting periods vary by project duration and are defined as follows: 1.For short term projects,the reporting period is the duration ofthe 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 ofthe completion of each project month andwithin 30 days of project completion. 3_For Selective Traffic Enforcement Program(STEP)Wave projects,the reporting period is each bitting cycle. Subgrantee shall submit a performance report within 30 days ofthe completion of each billing cycle. B.The performance reportwill 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 shalt 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 oftime 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 ofthe 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 outputthan originally projected. D.The Subgrantee shall submit the Final Performance Report through eGrants within thirty(30)days after completion ofthe 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(calledthe"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 2018-Fortwort-S-1YG-0032 Printed On, 1/4/2018 Page 6 of 33 City of Fort Worth Police Department STEP-2018 payment under this agreement,until completion of all audits,or until pending litigation has been completely and fully resolved,whichever occurs last Duly authorized representatives of the Department,the LISDOT,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.INDEIIINIFtCATION 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 Departmeritfrom any and all expenses,including but not limited to attorney fees,all court costs and awards for damages incurred by the Department in litigation or otherwise resisting claims or liabilities as a result of any activities of the Subgrantee,its agents,or employees. B_To the extent permitted by law,the Subgrantee,if other than a government entity,agrees to protect,indemnify, and save harmless the department from and against all claims,demands,and causes of action of every kind and character brought by any employee of the Subgrantee against the Department due to personal injuries to or death of any employee resulting from any alleged negligent ad,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 itis 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 conflictarises 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 thatthe project is terminated immediately. B.The Department shalt 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 notincur nor be reimbursed for anynew obligations afterthe 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 underthis agreement and the premises in which it is being performed B.If any inspection or evaluation is made on the premises of the Subgrantee Arita subcontractor,the Subgrantee shall provide and require its subcontractor to provide all reasonable facilities and assistance for the safety and 2018-Fortwort-S-1YG-0032 Printed Ono 1/4/2018 Page 7 of 33 City of Fort Worth Police Department STEP-2018 convenience ortne inspectors in the pertormance ottheir autres.All inspections ana evaluations snail be performed in a mannerthat will not unduly delaythe work ARTICLE 13.AUDIT The state auditor may conduct an audit,;; investigation of any entity receiving funds from the state directly under this agreement or indirectly,through 17 can contract under this agreement Acceptance of funds directly under this agreement orindirectli through a subcontract under this agreement ads as acceptance of the authority of the State Auditor,under the direction of the legisiative audit committee,to conduct an audit or investigation to connection with those funds: A,n 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 orwho,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 solid or secure this agreement,and that it has not paid or agreed to pay any company or person,other than a bona fide employee,anyfee,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 orviotates this warranty,the Departmentshail have the rightto annul this agreement without liability or,in its discretion,to deductfromthe 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 employmentto perform the work required under this agreement,or will be able to obtain such personnel from sources other than the Department. B,All employees of the Subgrantee shall have the knowiedge and experience that will enable them to perform the duties assigned to there_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 2018-Fortwort-S-1YG-0032 Printed On: 1/4/2018 Page 8 of 33 City of Fort Worth Police Department STEP-2018 resources required to perform the work ARTICLE 19_PROCUREMENT AND PROPERTY MANAGEMENT TheSubgrantee shah 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-.316,200.31 B-324. ARTICLE 20.OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY Upon completion or ermination 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[ncluding copyrights,copyright applications,copyright renewals,and copyright extensions),title and interests in and to all data,and other information developed under this contract andversions 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 Gasses 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.CML RIGHTS COMPLIANCE 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 and Subgrantee will comply with all Federal statutes and implementing regulations relating to nondiscrimination_ These include but are not limited to:(a)Title V!of the Civil Rights Act of 1964(Pub.L 8&352),which prohibits discrimination on the basis of race,color or national origin(and 49 CFR Part 21j,(b)Title IX of the Education Amendments of 1972,as amended(20 U.S.C.1681-1683 and 1685-1686),which prohibits discrimination on the basis of sex,(c)Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S.C.794),and the Americans with Disabilities Act of 1990(Pub.L 101-336),as amended(42 U_S.C_12101,et seq.),which prohibits discrimination on the basis of disabilities(and 49 CFR Part 27);(d)the Age Discrimination Ad of 1975,as amended(42 U.S.C.6101-6107),which prohibits discrimination on the basis of age;(e)the Civil Rights Restoration Ad of 1987(Pub.L.100-259),which requires Federal-aid recipients and all subrecipients to prevent discrimination and ensure nondisaimination in all of their programs and activities;(f)the Drug Abuse Office and Treatment Ad of 1972(Pub.L.92-255),as amended,relating to nondiscrimination on the basis of drug abuse; (g)the comprehensive Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act of 1970(Pub. L 91-616),as amended,relating to nondiscrimination on the basis of alcohof abuse or alcoholism;(h)Sections 523 and 527 of the Public health Service Ad of 1912,as amended(42 U_S_C.290dd-3 and 290ee-3) relating to 2018-Fortwort-S-1YG-0032 Printed One 1/4/2018 Page 9 of 33 City of Fort Worth Police Department STEP-2018 confidentiality of alcohol and drug abuse patient records;O Title Vill of the Civil Rights Act of 1968,as amended (42 U.S.G.3601,et seq.),relating to nondiscrimination in the sale,rental orfinanciing of housing;(j)any other nondiscrimination provisions in the specific statute(s)under which application for Federal assistance is being made;and(k)the requirements of any other nondiscrimination statute(s)which may applyto the application. C.Solicitations for subcontracts,including procurement of materials and equipment In all solicitations either by competitive bidding or negotiation made by the Subgrantee for work to be performed under asubcontract inducing 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 orthe USDOT may determine to be appropriate_ 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 respectto 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 litigation to protect the interests of the United States. ARTICLE 23.DISADVANTAGED BUSINESS ENTERPRISE(DBE)PROGRAM A The parfies 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 Departments DBE gufdefiiries 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 adions. 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 Transportafian's Federally- Approved Disadvantaged Business Enterprise by Entity and attachments found at web address http:lfwww.txdotgovlbusin esstpartnerships/dbe.htmt 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 ofUSDOT-assisted contracts.The Departments 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 seq.). F.Each contractthe 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 2018-Fortwort-S-1YG-0032 Printed On: 1/4/2018 Page 10 of 33 x City of Fort Worth Police Department STEP-2018 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.CERTtFICATION REGARDING DEBARMENT AND SUSPENSION(applies to subrecipients as well as States) Instructions for Primary Certification 1.By signing and submitting this proposal,the prospective primary participant is providing the certification set out below. 2.The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction.The prospective 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 agencys determination whether to enter into this transaction.However,failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3,The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction.If it is later determined that the prospective primary 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. 4.The prospective primary participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary participantleams its certification was erroneous when submitted or has become erroneous by reason of changed circumstances_ 5.The terms covered transaction,debarred,suspended,ineligible,lower tier covered transact on,participant, person,primary covered transaction,principal,proposal,andvoluntartly excluded,as used in this clause,have the meaning set out in the Definitions and coverage sections of 49 CFR Part 29.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 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 participant further agrees by submitting this proposal that it will include the clause titled'Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion-Lower 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 ter covered transactions. 8.A participant in a covered transaction may rely upon a certification of 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,orvoluntarily excluded from the covered transaction,unless it knows that the certification is erroneous.A participant may decide the method and frequency by which it determines the eligibility of Its principals.Each participant may,but is not required to,check the list of Parties Excluded from Federal Procurement and Non-procurement Programs. 9.Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause.The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10.Except for transactions authorized under paragraph 6 of these instructions,if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 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 may terminate this transaction for cause or default. 2018-Fortwort-S-1YG-0032 Printed On: 1/4/2018 Page 11 of 33 City of Fort Worth Police Department STEP-2018 Certification Reaardino Debarment Suspension.and Other Responsibility Matters-Primary Covered Transactions (1)The prospective primary participant certifies to the best of its knowledge and belief,that its principals: (a)Are not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded by any Federal department or agency; (b)Have not within a three-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,thea,forgery,bribery,falsification or destruction of record,making false statements,or receiving stolen properly, (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 prospecM 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 Certification 1.By signing and submitting this proposal,the prospective lowertier participant is providing the certification set out below. 2.The certification in this clause is a material representation offactupon which reliance was placed when this transaction was entered into_If it is later determined thatthe prospective lower fier 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 andtor debarment 3.The prospective lowertier participant shall provide immediate written notice to the person to which this proposal is submitted if at anytime the prospective lowertier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4.The terms covered transaction,debarred,suspended,ineligible,lowertier covered transaction,participant, person,primary covered transaction,principal,proposal,andvoluntarily excluded,as used in this clause,have the meanings set out in the Definition and Coverage sections of 49 CFR Part 29.You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5.The prospective lower tier participant agrees by submitting this proposal that,should the proposed covered transaction be entered into,it shall not knowingly enter into any lowertier 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 lowertier participant further agrees by submitting this proposal that it will include the clause titled"Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,"without modification,in all lower tier covered transactions and in all solicitations for lower ter covered transactions.(See below) 7.A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR Part 9,subpart 9.4,debarred, suspended,ineligible,or voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous.A participant may decide the method and frequency by which it determines the eligibility of its principals.Each participant may,but is not required to,check the List of Parties Excluded from Federal Procurement and Non-procurement Programs. 2018-Fortwort-S-1 YG-0032 Printed On: 1/4/2018 Page 12 of 33 City of Fort Worth Police Department STEP-2018 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 ter covered transaction with a person who is proposed for debarment under 48 CFR Part 9,subpart 9.4,suspended,debarred,ineligible,orvoluntarily 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 andtor debarment Certification Regarding Debarment Susimnsion.Ineligibility and Voluntary Exclusion-LowerTier 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 lowertier 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(appltes to subrecipients as well as States) Certification for Contracts,Grants,Loans,and Cooperative Agreements In executing this agreement,each signatory certifies to the best of his or her knowledge and belief,that 1.No Federal 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 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,'t3isdosure 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 retiance was placed when this transaction was made or entered into.Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352,title 31,U.S_Code.Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. ARTICLE 26.CHILD SUPPORT CERTIFICATION Under Section 231.006,Texas Family Code,the 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;orthe 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 coed-supervised effort to improve earnings and child support payments. 2018-Fortwort-S-1YG-0032 Printed On: 1/4/2018 Page 13 of 33 City of Fort Worth Police Department STEP-2018 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://edocketaccess.gpo.gov120161pdr/2010-22705.pdf and http://edGcketaccess.gpo.gov/2010/pdU2010-22706-pdf 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:l/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 govemmentto track the distribution of federal money.The DUNS number may be requested free of charge for all businesses and entities required to do so by visiting the Dun i£Bradstreet(DRB) on-line registration website http:llFedgov.dnb.comtwebform;and 3 Report the total compensation and names of its top five(5)executives to the State it L More than 80%of annual gross revenues are from the Federal government and those revenues are greater than$25,000,000;and ft.The compensation information is not already available through reporting to the U.S.Securities and Exchange Commission. ARTICLE 2&SINGLE AUDIT REPORT A The parties shall comply with the requirements of the Single Andit Act of 1984,P.L 38-502,ensuring that the single audit report includes the coverage stipulated in 2 CFR Part200. B.If threshold expenditures of$750,000 or more are met during the SubgranteWs fiscal year,the Subgrantee must submi1a Single Audit Report and Management Letter(if applicable)to TxDOT's Audit Office,125 East 11th Street,Austin,TX 78701 or contactTxDOT's Audit Office at singleaudits@trdotgov C.If expenditures are less than$750,000 during the SubgranteWs fiscal year,the Subgrantee must submit a statement to TxDO-Ps 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 forfederal 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 dosed out and no charges have been incurred within the current fiscal year. ARTICLE 29,BUY AMERICA ACT(applies to subreciIiiients as well as States) The State and Subgrantee will comply with the provisions of the Buy America Ad(49 U.S.C.53230)),which contains the following requirements: Only steel,iron and manufactured products produced in the United States may be purchased with Federal funds unless the Secretary of Transportation determines that such domestic purchases 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 Clearjustification for the purchase of non-domestic items must be in the form of a waiver request submitted to and approved by the Secretary of Transportation. ARTICLE 30.RESTRICTION ON STATE LOBBYING(applies to subrecipients its well as States) None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or 2018-Fortwort-S-1 YG-0032 Printed On: 1/4/2018 Page 14 of 33 City of Fort Worth Police Department STEP-2018 local legislative body.Such activities include both direct and indirect(e.g.,"grassroots'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. ARTICLE 31.NONGOVERNMENTAL ENTTFrS PUBLIC INFORMATION[This article 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 911113] ARTICLE 32.PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE(applies to subreclpients as well as States) The State and each Subgrantee 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§25.906ft 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 Intemai Ethics and Compliance Programk Subgrantee shall enforce compliance with that program. 2018-Fortwort-S-1YG-0032 Printed On: 1/4/2018 Page 15 of 33 City of Fort Worth Police Department STEP-2018 RESPONSIBILITIES OF THE SUBGRANTEE A. Carry out all performance measures established in the grant, including fulling 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 the following quarter's work. 2.The project director or other appropriate qualified persons will be available to represent the Subgrantee at meetings requested by the Department. E. Support grant enforcement efforts with public information and education(PI&E)activities_ Salaries being claimed for PI&E activities must be included in the budget_ F. When applicable,all newly developed PI&E materials must be submitted to the Department for written approval,through the TxDOT Electronic Grants Management System(eGrants)system messaging,prior to final production. Refer to the Traffic Safety Program Manual regarding PI&E procedures. G. For out of state travel expenses to be reimbursable,the Subgrantee must have obtained the written approval of the Department,through eGrants system messaging,prior to the beginning of the trip. Grant approval does not satisfy this requirement. H. Maintain verification that all expenses, including wages or salaries,for which reimbursement is requested is for work exclusively related to this project. 1. Ensure that this grant will in 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. J. Ensure that each officer working on the STEP project will complete an officer's daily report form.The form should include at a minimum. name,date,badge or identification number, type of grant worked,grant site number, mileage(including starting and ending mileage), hours worked,type of citation issued or arrest made, officer and supervisor signatures. K_ All STEP agencies must provide the following provision in all daily activity report forms: 2018-Fortwort-S-1YG-0032 Printed On: 1/4/2018 Page 16 of 33 City of Fort Worth Police Department STEP-2018 '1 understand that this information is being submitted to support a claim against a federally- funded grant program. False statements on this form may be prosecutable under 18 USG 1001_This information on this form is true, correct, and complete to the best of my knowledge and ability." L._ 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_ M_ Subgrantee may work additional STEP enforcement hours on holidays or special events not covered under the Operational Plan.However,additional work must be approved in writing by the Department,through eGrants system messaging, prior to enforcement. Additional hours must be reported in the Performance Report for the time period for which the additional hours were worked_ N. 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 O. Subgrantees with a traffic unit will utilize traffic personnel for this grant, unless such personnel are unavailable for assignment_ P. Prior to conducting speed enforcement,the Subgrantee must select and survey enforcement sites that comply with existing state mandated speed limits in accordance with the Texas Transportation Gode.Sections 545.352 through 545.356. Q_ Officers assigned to speed sites should be trained in the use of radar or laser speed measurement devices. R_ 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.. S. Officers working DWI enforcement must be trained in the National Highway Traffic,Safety Administrationfinternational 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. T. The Subgrantee should have a procedure in place for contacting and using drug recognition experts(DREs)when necessary. U. The Subgrantee is encouraged to use the DWI On-line Reporting System available through the Buckle Up Texas Web site at www.buckleuptexas.com. 2018-Fortwort-S-1YG-0032 Printed On: 1/4/2018 Page 17 of 33 City of Fort Worth Police Department STEP-2018 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.e-mails and letters 5.quarterty 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 2018-Fortwort-S-1YG-0032 Printed On: 1/4/2018 Page 18 of 33 City of Fort Worth Police Department STEP-2018 PROGRAM ELEMENT SELECTION YEAR LONG X DWI DWL Driving While Intoxicated X Speed Speed: Speed Enforcement X OP OR Occupant Protection(Safety Belt and Child Safety Seat) X ITC ITC:Intersection Traffic Control DD DD_ Distracted Driving WAVE Jurisdiction wide(DWI enforcement effort must be focused at DWI locations where there is an over-representation of alcohol-related crashes and/or DVIU arrests) Jurisdiction wide(Speed enforcement should be focused on Speed areas where there is at least a 50% noncompliance with the posted speed limits and/or a higher number of speed-related crashes) OP Jurisdiction wide DD Jurisdiction wide CMV Speed,OP&HMV CMV_ Commercial Motor Vehicle; HMV: Hazardous Moving Violations 2018-Fortwort-S-1 YG-0032 Printed On: 1/4/2018 Page 19 of 33 i City of Fort Worth Police Department STEP-2018 GOALS AND STRATEGIES Goal: To increase effective enforcement and adjudication of traffic safety-related laws to reduce crashes,fatalities,and injuries_ Strategies: Increase and sustain high visibility enforcement of traffic safety-related laws. Increase public education and information campaigns regarding enforcement activities_ Goal: To reduce the number of alcohol impaired and driving under the influence of alcohol and other drug-related crashes, injuries, and fatalities. Strategy: Increase and sustain high visibility enforcement of DWI laws. Goal: To increase occupant restraint use in all passenger vehicles and trucks_ Strategy: Increase and sustain high visibility enforcement of occupant protection laws_ Goal: To reduce the number of speed-related crashes, injuries, and fatalities. Strategy: Increase and sustain high visibility enforcement of speed-related laws. Goal: To reduce intersection-related motor vehicle crashes, injuries,and fatalities. Strategy: Increase and sustain high visibirrty enforcement of Intersection Traffic Control (ITC)laws. Goal: To reduce Distracted Driving motor vehicle crashes,injuries,and fatalities. Strategies: Increase and sustain high visibility enforcement of state and local ordinances on celluar and texting devices. Increase public information and education on Distracted Driving related traffic issues. I agree to the above goals and strategies_ 2018-Fortwort-S-1YG-0032 Printed On. 1/4/2018 Page 20 of 33 City of Fort Worth Police Department STEP-2018 BASELLNE INFORAUTION Baseline Year(12 months) From 10/1/2015 to 9/30/2016 Baseline Measure Baseline Number Number of Driving While Intoxicated(DWI) 64 arrests Number of Driving Under Influence(DUI)of 9 Alcohol by Minor Arrests/Citations Number of speed citations 4411 Number of safety belt citations 165 Number of child safety seat citations 26 Number of Intersection Traffic Control(ITC) 2015 citations Number of Distracted Driving Citations Baseline MonthNear of Surrey Number Percentage of speed compliance 24% Percentage of safety belt usage 64 % 2018-Fortwort-S-1 YG-0032 Printed On: 1/4/2018 Page 21 of 33 City of Fort Worth Police Department STEP-2018 LAW ENFORCEMENT OBJECTIVE/PERFORMANCE MEASURE Objective/Performance Measure Target Number 1. Number and type citations/arrests to be issued under STEP a. Increase DIM arrests by 135 b. Increase DUI of Alcohol by Minor arrestslcitations by 0 c. Increase speed citations by 3458 d. Increase Safety Belt citations by 179 e. Increase Child Safety Belt citations by 59 f_ Increase ITG citations by 1153 g. Increase Distracted Driving citations by 2. Proposed total number of traffic-related crashes a. Reduce the number of alcoholrelated crashes to 336 b. Reduce the number of speed-related crashes to 7686 c. Reduce the number of ITC-related crashes to 5764 3. Increase speed compliance a. Increase the Speed compliance rate to 30% 4. Increase safety belt usage a. Increase the Safety Belt usage rate among drivers and front seat 87% passengers to 5. Number of Enforcement Hours 2+688 Note: Nothing in this agreement shall be interpreted as a requirement,formal or informal,that a peace officer issue a specified or predetermined number of citations in pursuance of the Subgrantee's obligations hereunder. Department and Subgrantee acknowledge that Texas Transportation Code Section 720.002 prohibits using traffic-offense quotas and agree that nothing in this Agreement is establishing 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. 3.18 2018-Fortwort-S-1YG-0032 Printed On; 1/4/2018 Page 22 of 33 City of Fort Worth Police Department STEP-2018 PI&E OBJECTIVEIPERFORMANCE MEASURE Objectives/Performance Measure Target Number Support Grant efforts with a public information and education (PI&E) program a. Conduct presentations b_ Conduct media exposures(e.g. news conferences, news releases, and 4 interviews) c_ Conduct community events(e-g- health fairs, booths) a d. Produce the following number of public information and education ra; materials e. Number of public information and education materials distributed 275 2018-Fortwort-S-1YG-0032 Printed On: 1/4/2018 Page 23 of 33 City of Fort Worth Police Department STEP-2018 Operational Plan Page Title: Speed Site 1-7 site Type Site Description Survey Results Enforcement Number (Speed, QP, (include Miles Per (Compliance Period ITC) Hour) Percentage) (Days&Trmesy 1100-8500 South Freeway (Rosedale-Everman Monday-Sunday 1 &fe 1 Speen Pkwy) 30 Q 6.25 miles 24 Hours Posted speed limit:70 mph 1000-9600 North Freeway (Northside Drive-Park Monday-Sunday Site 2 Speed Glen) 1897% 24 Hours 9.5 Miles Posted speed limit: 50 mph 2500 SW _3100 SE Loop 820 3. Site 3 Speed (McCart-Witchita) .14.01©l© Monday Sunday 4.0 miles 24 Hours Posted speed limit:60 mph 1800-8500 East Freeway (287 split East Chase) Monday Sunday 4.Site 4 Speed 8.0 miles 01.21% 24 Hours Posted speed limit:60 mph 3200-4800 Airport Freeway 5. Site 5 Speed (Sylvania-Maxine) -18.00% Monday-Sunday 2.0 miles 24 Hours Posted speed limit:65 mnh 2018-Fortwort-S-1YG-0032 Printed On: 1/4/2018 Page 24 of 33 City of Fort Worth Police Department STEP-2018 IIIVII 2800- 10200 West Freeway (University-Chapel Creek) 38Monday-Sunday 6. Site 6 Sperm 8.33 miles _€}0°�° 24 Hours Posted speed limit:60 mph 1700 East Freeway- 2700 West Freeway 7. Site 7 Speed (287 split-Forest Park) 0.02©x° Monday-Sunday 3.33 miles 24 Hours Posted speed limit 60 mph 2018-Fortwort-S-1 YG-0032 Printed On: 1/4/2018 Page 25 of 33 City of Fort Worth Police Department STEP-2018 Operational Plan Page Title: Speed Site 8-14 Type Survey Results Enforcement Site Site Description Number (Speed' (include Miles Per Hour) (Compliance Period OP,ITC) Percentage) (Days &Times) Hwy 287435 to 820/Sun Valley (7000 N Freeway-5499 MLK Monday--Sunday 1 Site 8 Speed Freeway) 2%$ 6.33 miles 24 Hours Posted speed limit:60 mph East Loop 820-Randol Mill to 287 Split Monday-Sunday . Site 9 Speed (100 E Loop 4900 E Loop S) 10.06° 24 Hours 6.0 miles Posted speed limit:,60 mph NE/NW Loop 820- Lake Worth Bridge to 135(2500 NE Loop Monday-Sunday : . Site 10 Speed 820- 7200 NW Loop 820 S) 10.66% 24 Hours 8.33 miles Posted speed limit: 65 mph W Loop 820 N -130 to Lake Worth 4. Site 11 Speed Bridge to 135(2300 W Loop 24.69% Monday-Sunday 820S) 24 Hours 4.0 miles Posted speed limit: 65 mph W Loop 820--Team Ranch Rd (2600 W Loop 820 S-5000 W Monday - Sunday Site 12 Speed Loop) 45.75% 24 Hours 2-33 miles Posted speed limit_ 65 mph 2700 6400 SW Loop 820 (FW/Benbrook City Limits hAnr"t:w CZio ,�-:,,, 2018-Fortwort-S-1YG-0032 Printed On: 1/4/2018 Page 26 of 33 City of Fort Worth Police Department STEP-2018 6.Site 13 Speed McCart) 46.35% '°""tiny- Jul u"' 5.33 miles 24 Hours Posted speed limit:40 mph 10600-14700 Trinity Blvd 7_Site 14 Speed (Greenbelt-Amon Carter Blvd) 13.75% Monday-Sunday 5.33 miles 24 Hours Posted speed limit:40 mph 2018-Fortwort-S-1 YG-0032 Printed On: 1/4/2018 Page 27 of 33 City of Fort Worth Police Department STEP-2018 Operational Plan Page Title: Speed Site 15-21 Site Tyne Site Description Survey Results Enforcement Period Number (Speed' (include Miles Per (Compliance (Days &Times) OP, ITC) Hour) Percentage) 9600 North Freeway- 18600 North Freeway Monday-Sunday 24 1, Site 15 Speed 6.8 miles 30.00% Hours Posted speed limit: 70 mph 2. Site 16 DWI North Division N/A% Monday-Sunday 2200-0400 Hours 3. Site 17 DWI South Division N/A% Monday-Sunday 2200-0400 Hours 4. Site 18 DWI West Division N/A% Monday-Sunday 2200-0400 Hours 5. Site 19 DWI East Division N/A% Monday-Sunday 2200-0400 Hours 6_ Site 20 OP City Wide 64% Monday-Sunday Daylight Hours Intersections: NW 28th @N Main Blue Mound Road @ Meacham Blvd N Main @ NW 23rd NW 28th @ McKinley Yucca @ N Sylvania 7. Site 21 ITC N Alliance Gateway @ Alta N/A% Monday-Sunday Visa Daylight Hours Alliance Gateway @ Park Victa 2018-Fortwort-S-1YG-0032 Printed On: 1/4/2018 Page 28 of 33 City of Fort Worth Police Department STEP-2018 2018-Fortwort-S-1 YG-0032 Printed On: 1/4/2018 Page 29 of 33 City of Fort Worth Police Department STEP-2018 Operational Plan Page Title: Speed Site 22-24 Site Type Site Description Survey Results Enforcement Number (Speed, (include Miles Per (Compliance Period OP,ITC) Hour) Percentage) (Days &Times) Continued- Basswood Blvd @ Silver Sage Basswood Blvd @ Teal Monday-Sunday 1 Site 21 ITC N Dr NA% N Beach @ Longstraw Daylight Hours Dr N Beach @ Western Center Crowley @ SW Loop 820 (svcrd) N California Pkwy @ Hemphill James Ave @ W Fuller 2. Site 22 ITC S Ave NA% Monday-Sunday Alta Mesa Blvd @ Welch Daylight Hours Ave Grandbury Rd @ Beldon Ave Trail Lake Dr @ South Dr Woodway @ Wilkie Way Continued- McCart @ W Fuller Way Oak Grove Rd @ SE Loop 820 (svc rd) 3. Site 22 ITC S W Seminary A James NA% Monday-Sunday Ave Daylight Hours S Freeway @ E Felix E Seminary @ Evans Ave S Hulen @ Sycamore School 2018-Fortwort-S-1YG-0032 Printed On: 1/4/2018 Page 30 of 33 City of Fort Worth Police Department STEP-2018 Boca Raton Blvd @ Country Club Ln Eastchase Pkwy @ Meadowbrook Blvd John T White @ Loop 4.Site 23 ITC E 820(svc rd) NA% Monday-Sunday Trinity Blvd @ Loop 820 Daylight Hours (svc rd) Beach @ Scott Ave E Lancaster @ Cooks Lane W Berry St @ Forest Park Blvd S Hulen @ Barwick Bryant Irvin @ SW Blvd Monday-Sunday 5. Site 24 ITC W Bryant Irvin @ SW NA% Daylight Hours SWLoop 820 (svc rd) Overton Ridge Blvd @ Bryant Irvin Continued- Cimarron Trl @Camp 6. Site 24 ITC W Bowie W NA% Monday-Sunday Camp Bowie @ Bernie Daylight Hous Anderson Continued- Camp Bowie @ Riglea Ave Camp Bowie @ Loop 820 7. Site 24 FTC W White Settlement @ NA°j° Daylight Monday-Sunday h Hou s Loop 820 (svc rd) Hulen @ Birchman Bryant Irvin @ Vickery Blvd West Freeway @ Hulen 2018-Fortwort-S-1 YG-0032 Printed On: 1/4/2018 Page 31 of 33 City of Fort Worth Police Department STEP-2018 Operational Plan Page Title: Speed Site 25 Site Type Site Description Survey Results Enforcement Period Number (Speed,OP, (include Miles Per (Compliance (Days& Times) ITC) Hour Percentage) E 7th @ Jones Summit Ave @ W 7th E Weatherford @ Jones E 7th @ Calhoun St o Monday-Sunday 1.Site 25 ITC Centra Weatherford @ NA to Daylight Hours Commerce Weatherford @ Jones Houston @ W E 5th Jones @ E Belknap W 7th @ Henderson 2_ % 3. % 4. % 5 % fi_ % 7_ % 2018-Fortwort-S-1YG-0032 Printed On: 1/4/2018 Page 32 of 33 • r City of Fort Worth Police Department STEP-2018 BUDGET SUMMARY Budget Category ( TXDOT Match T4 tal Category i-_Labor Costs (100) Salaries: $118,477.22 $42,992.62 $161;469.84 i (200) Fringe Benefits: $35,355.25 $0 ----- $35,355.25 Sub-Total: $153,832.47 $42,992.62 —w A7 $196,825.09 Category II-Other Direct Costs 1(300) Travel: $o $0 $0 (400) Equipment- $0i� $0 $0 F(400) (500) plies: $o $0 $0 1{600} Contractual $0 $0 $0 Services: 17001 Other $0.01 $0 $0.01 o Sub Total: $0.01 $0 $0-01 Total Direct Casts; $153,832:48 $42,992.62 $196,825.10 Category III-Indirect Costs Indirect Cost (tel Rate ' $13,798.15 $0 $13,798.15 Summary Total Labor Costs: $153,832.47 $42,99262 J $196,825.09 Total Direct $0.01 $o $a.o1 Costs: Total Indirect Costs: $13,798.15 $0 $13,798.15 Grand Total $167,630.63 $42;992.62 $210,623.25 Fund Sources (Percent 79.59% 20-41% Share): Salary and cost rates will be based on the rates submitted by the Subgrantee in its grant application in Egrants_ 2018-Fortwort-S-1YG-0032 Printed On: 1/4/2018 Page 33 of 33 City of Fort Worth Police Department STEP-2018 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 listed at the bottom of the page. Name Of Organization: City of Fort Worth Project Title: STEP Comprehensive Authorizing Authority The signatory of the Subgrantee hereby represents and warrants that she/he is an officer of the organization for which she/he has executed this agreement and that she/he has full and complete authority to enter into the agreement on behalf of the organization.I authorize the person(s)listed under the section"Authorized to Electronically Sign Grant Agreements and Amendments"to enter into an agreement on behalf of the organization. Name: - W s h'. a Title: VZ v` Signature: Date: Under the authority of Ordinance or Resolution Number(if applicable) _ p I 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 TxDOT Trafflc Safety eGrents 1. z. 1 3. 2018-Fortwort-S-1YG-0032 Printed On: 10/31/2017 Page 1 of 1 ACCEPTED AND AGREED: CITY OF FORT WORTH: By: 11G Valene R. Washington Assistant City Manager Date: ((((Of((* APPROVAL RECOMMENDED: By. Joel F. Fitzgerald Chief of Police Date: /�,/ji APPROVED AS TO FORM AND LEGALITY: By: Jo Ann/ate'/- Assistant nn ateAssistant City Attorney Contract Authorization: M&C: C-28040 Date Approved: 12/13/2016 R :O� ATTEST: U• By: Mary J. Kayser �XAS City Secretary Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. OFFICIAL RECORD CITY SECRETARY Angel filler MWORTH, Tx Grant Specialist I City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 12/13/2016 -Ordinance No.22544-12-2016 DATE: Tuesday,December 13,2016 REFERENCE NO.: **C-28040 LOG NAME: 35TXDOT2018 COMPREHENSIVE GRANT SUBJECT: Authorize Application for and,if Awarded,Acceptance of a Texas Department of Transportation Fiscal Year 2018 Comprehensive Selective Traffic Enforcement Program Grant in an Amount of$172,000.00,Authorize Execution of Related Grant Agreements,Authorize Transfer in the Amount of$43,000.00 for the City's Grant Match Requirement and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the application for and, if awarded, acceptance of a Texas Department of Transportation Comprehensive Selective Traffic Enforcement Program Grant for the Fiscal Year 2018 in an amount of$172,000.00; 2. Authorize the execution of related and necessary Grant Agreements with the Texas Department of Transportation; 3. Authorize a transfer in the amount of$43,000.00 from the Justice Asset Forfeiture Fund to the Grants Fund for the City's grant match requirement; and 4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund by$215,000.00,subject to approval of grant and receipt of funds. DISCUSSION: The Texas Department of Transportation(TxDOT), Selective Traffic Enforcement Program(STEP)grants are aimed at reducing the number of motor vehicle crashes,injuries,and fatalities. The STEP grant will pay for the overtime hours of the officers participating in the program. A local match of at least 20 percent is required. Comprehensive STEP grant activities include enforcement of speed, seatbelt, DWI and intersection traffic control laws. The total proposed direct program amount,including$43,000.00 in match funds, is$201,094.00. Funds will be budgeted for overtime and associated fringe benefits for an estimated 2,550 enforcement hours with an additional 251 hours for administering the grant. The grant will also fund overtime,along with associated fringe benefits,to work public information and education events. Accrued Department of Justice Asset Forfeiture Funds,which were included in the Fiscal Year 2017 Budget,will be used to satisfy the City's match requirement. Department of Justice Asset Forfeiture Funds cannot be used for fringe benefits or for indirect costs.Funds in the amount of $13,906.00 will be requested from TxDOT to cover indirect costs. This contract will be with a governmental entity,state agency or public institution of higher education: (Texas Department of Transportation). FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and receipt of the grant,funds will be available in the Fiscal Year 2018 Operating Budget,as appropriated,of the Grants Operating Federal Fund. This is a reimbursement grant. FUND IDENTIFIERS (FIDS): Department Account Project Program Activity Budget Reference# Amount Fund ID ID year (Chartfield 2) FR M Department Account Project Program Activity Budget Reference# Amount Fund ID ID year (Chartfield 2) CERTIFICATIONS: Submitted for City Manager's Office by: Valerie R.Washington (6192) Originating Department Head: Joel F.Fitzgerald (4212) Additional Information Contact: Sasha Kane (4243) ATTACHMENTS 1. TxDOT STEP AO.docx (Public)