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HomeMy WebLinkAboutContract 58513 CSC No. 58513 Texas Traffic Safety eGrants Fiscal Year 2023 Organization Dame: City of Fort forth Police Department Legal Name: City of Fort Worth Payee Identification Number: 175 000 2866018 Project Title: STEP - Impaired Driving Mobilization ID: 2020-Fortwo rth-I D Mli-00028 Period: 12/13/2022 to 09/07/2028 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX City of Fort Worth Police Department STEP - IDM - 2023 GENERAL INFORMATION P e--t Title : STEP - Impaired 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 conjunctian with the national Impaired Driving Mobilization campaign How manyyears has your This will be our first year_ organization received funding forthis project? 2023-Fortworth-IDM-00028 Printed On: 11/28/2022 Page 1 of 34 City of Fort Worth Police Department STEP - IDM - 2023 PROPOSING AGENCY AUTHENTICATION The folloMng person has authorized the submittal of this proposal_ N ame Trac-y-Lamm Title Grant Specialist Address 200 Texas St Cite Fort IN'orth State Texas Zip Code 76102 Phone number 817-392-4228 Fax-umber E-mail address trace_lamm- fort�vorthtexas_gov- Project Director Trace Lamm 2023-Fortworth-IDM-00028 Printed On: 11/28/2022 Page 2 of 34 City of Fort Worth Police Department STEP - IDM - 2023 COMPLIANCE RE LZREIIIENTS Unique Entity-Identifier: All entities v�rishing to do business Aith the federal government must have a unique entity identifier (L-EI)- The UEI is a 12-character- alpha-numeric value- To obtain a L.EI number, applicants should go to the SA'V1-gov website at https-j!sam-gov-content'entits,-registration and prmide a screen capture or print-as-pdf-version of the SA- -govwebpage with the new LFT number- Unique Entity Identifier U79EKIM IC'6 (L-E1): Please upload a screen capture or print-as-pdf version of the https_':'vvvvvv-dot-state-tx-us'apes.'egrants'_Lpload'117027U 341462-SA'V�ocument-pdf v SAM-go — webpage with LEI number 2 C.F.R.Part 200 Compliance Enter the Begin Date and End Date of your Agency's Fiscal Year 2023 Begin Date: 1011'2422 End Date: 913012023 Your entity is required to comply voith federal{OMB A-133) and'or state{State of Texas Single Audit Circular}requirements- If threshold expenditures of S750-000 or more are met during your agency's fiscal E-ear, please submit a Single Audit report and l,"Ianagement Letter (if applicable)to TxDOT's Audit Office- 125 East Eleventh Street. Austin, T 78701 or contact TxDC]T's Audit Office at singleaudits- t�.dot-gov- If expenditures are less than S750.000 during your agency's fiscal year-please submit a statement to TxDOT's Audit Office as folows- " 'e dial not meet the S 7 5 0-0 0 0 expenditure threshold and therefore we are not required to have a single audit performed for FY " X I agree STEP Operating Policies and Procedures All STEP agencies must either have established written STEP operating policies and procedures- or will develop vvTitten policies and procedures before STEP grants can be executed- Please click herefor STEP Policies and Procedures requirements. If your agency has approved STEP Operating Policies and Procedures-please upload here https-_'',Nrwvv-dot-state-tx-us:'apps.'egrants:'_LUpload'i 174270_341463-F PD-L_Confirm-CertAr- SOP-pdf 2023-Fortworth-IDM-00028 Printed On: 11/28/2022 Page 3 of 34 City of Fort Worth Police Department STEP - IDM - 2023 If your agency- does not have approved STEP Operating Policies and Procedures,please cerff�,the follow'' g- I cerLE-that our agencz-��ill develop STEP Operating Policies and Procedures before executing the grant. 2023-Fortworth-IDM-00028 Printed On: 11/28/2022 Page 4 of 34 City of Fort Worth Police Department STEP - IDM - 2023 GRANT AGREEMENT GENERAL TERMS AND CONDITIONS (Revosed 0711812019) 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 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 laws and regulations, and licensing laws and regulations_When required,the Subgrantee shall furnish 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 all understandings and assurances contained in the application. and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide any additional information that may be required. B_ It and its subcontractors will comply with Title VI of the Civil Rights Act of 1964 (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) §§46G1 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. _ It will give the Department the access to and the right to examine all records, books, papers. or documents related to this Grant Agreement. 2023-Fortworth-IDM-00028 Printed On: 11/28/2022 Page 5 of 34 City of Fort Worth Police Department STEP - IDM - 2023 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 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 Cade,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 specifies that costs are based on a specific rate, per-unit cast. or other method of payment. reimbursement will be based on the specified method- 2023-Fortworth-IDM-00028 Printed On: 11/28/2022 Page 6 of 34 City of Fort Worth Police Department STEP - IDM - 2023 B_All payments will be made in accordance with the Project Budget. 1_ The ubgrantee's expenditures may overrun a budget category (I, II; or III) in the approved Project Budget without a grant (budget) amendment. as long as the overrun does not exceed a total of five (5) percent of the maximum amount eligible for reimbursement(TxDOT) in the attached Project Budget for the current fiscal year. This overrun must be off-set by an 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; ubgrantees are not allowed to use underrun funds from the TxDOT amount of(100) Salaries; Subcategories A, "Enforcement," or B, "PI&E Activities;"to exceed the TxDOT amount listed in Subcategory C, "Other_"Also. ubgrantees 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 II or III. C_To be eligible for reimbursement under this agreement_ a cost must be incurred in accordance with the Project Budget, within the time frame specified in the Grant Period of this Grant Agreement, attributable to work covered by this agreement_ and which has been completed in a manner satisfactory and acceptable to the Department_ D_ Federal or TxDOT funds cannot supplant(replace)funds from any other sources. The term "supplanting," refers to the use of federal or TxDOT funds to support personnel or an activity already supported by local or state 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 (3G) days after the end of the billing period_ The Request for Reimbursement and appropriate supporting documentation must be submitted through &Grants_ 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 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. 2023-Fortworth-IDM-00028 Printed On: 11/28/2022 Page 7 of 34 City of Fort Worth Police Department STEP - IDM - 2023 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 a. 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 Bubgrantee 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 specified in this Article_ G_ If the Subgrantee submits work that does not comply with the terms of this agreement_the Department shall instruct the Subgrantee to make any revisions that are necessary to bring the work into compliance with this agreement_ No additional compensation shall be paid for this work. D_The Subgrantee shall make revisions to the work authorized in this agreement that are necessary to correct errors or omissions_when required to do so by the Department_ No additional compensation shall be paid for this work_ E_The Department shall not be responsible for actions by the Subgrantee or any costs incurred by the Subgrantee relating to additional work not directly associated with or prior to the execution of an amendment_ ARTICLE 7. REPORTING AND MONITORING A_ Not later than thirty(3G) days after the end of each reporting period.. the Subgrantee shall submit a performance report through eGrants_ Reporting periods vary by project duration and are defined as follows: 2023-Fortworth-IDM-00028 Printed On: 11/28/2022 Page 8 of 34 City of Fort Worth Police Department STEP - IDM - 2023 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 eCrants; 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 eOrants 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 casts incurred and work performed under this agreement(called the "Records"), and shall make the Records available at its office for the time period authorized within the Grant Period; as specified in this Grant Agreement. The Subgrantee further agrees to retain the Records for four(4)years from the date of final payment under this agreement; until completion of all audits. or until pending litigation has been completely and fully resolved, whichever occurs last_ 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 casts 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. 2023-Fortworth-IDM-00028 Printed On: 11/28/2022 Page 9 of 34 City of Fort Worth Police Department STEP - IDM - 2023 B_To the extent permitted by law,theSubgrantee: 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 ubgrantee_ _ If the Subgrantee is a government entity, bath 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 h.,lanual, 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 specified in this Grant Agreement that are directly attributable to the completed portion of the work covered by this agreement, provided that the work has been completed in a manner satisfactory and acceptable to the Department. The Subgrantee shall not incur nor be reimbursed for any new obligations after the effective date of termination. ARTICLE 12. INSPECTION OF WORK A_ The Department and, when federal funds are involved, the UDOT; 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. 2023-Fortworth-IDM-00028 Printed On: 11/28/2022 Page 10 of 34 City of Fort Worth Police Department STEP - IDM - 2023 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_OQQ shall contain all applicable terms and conditions of this agreement. No subcontract will relieve the Subgrantee of its responsibility under this agreement_ ARTICLE 16. 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 perform the work required under this agreement, or will be able to obtain such personnel from sources other than the Department. 2023-Fortworth-IDM-00028 Printed On: 11/28/2022 Page 11 of 34 City of Fort Worth Police Department STEP - IDM - 2023 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 furnish 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 furnished to it by the Department or purchased pursuant to this agreement in accordance with its awn 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, became 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 farm 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 &Grants_ ARTICLE 22. CIVIL RIGHTS COMPLIANCE A_ Compliance with regulations: The Subgrantee shall comply with the regulations relative to nondiscrimination in federally-assisted programs of the United States Department of Transportation 2023-Fortworth-IDM-00028 Printed On: 11/28/2022 Page 12 of 34 City of Fort Worth Police Department STEP - IDM - 2023 (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 all Federal statutes and implementing regulations relating to nondiscrimination ("Federal Nondiscrimination Authorities"). These include but are not limited to: • Title VI of the Civil Rights Act of 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 Property 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 an the basis of sex); • Section 604 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 Title 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 II and III of the Americans with Disabilities Act (42 U.S-C. 12131-12189) (prohibits discrimination an the basis of disability in the operation of public entities, public and private transportation systems_ places of public accommodation, and certain testing)and 49 CFR parts 37 and 38: • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income 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 discriminationidiscrimination 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 FIR 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, contractors; subcontractors, and consultants receiving Federal financial assistance under this program will comply with all requirements of the Non-Discrimination Authorities identified in this Assurance: 2023-Fortworth-IDM-00028 Printed On: 11/28/2022 Page 13 of 34 City of Fort Worth Police Department STEP - IDM - 2023 . Agrees to comply (and require its subrecipients, contractors. subcontractors, and consultants to comply)with all applicable provisions of law or regulation governing US DOT's or NHTSA's access to records; accounts; documents. information, facilities, and staff, and to cooperate and comply with any program or compliance reviews. 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 all Federal nondiscrimination laws and regulations, as may be amended from time to time; b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non- discrimination law or regulation, as set forth in appendix B of 49 CFR part 21 and herein, c_ To permit access to its books, records_ accounts, other sources of information.. and its facilities as required by the State highway safety office. US DOT or NHTSA; d. That. in event a contractor/finding recipient fails to comply with any nondiscrimination provisions in this contract/funding agreement,the State highway safety agency will have the right to impose such contractlagreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding 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 USDOT may determine to be appropriate- F. Incorporation of provisions. The Subgrantee shall include the provisions of paragraphs A. thrr,ugh 2023-Fortworth-IDM-00028 Printed On: 11/28/2022 Page 14 of 34 City of Fort Worth Police Department STEP - IDM - 2023 E_ in every subcontract. including procurements of materials and leases of equipment, unless V 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 in addition. the Subgrantee may request the United States to enter into such litigation to protect the interests of the United States. ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM A. The parties shall comply with the DBE Program requirements established in 49 CFR Part 26- B-The Subgrantee shall adopt, in its totality,the Department's federally approved DBE program- C-The Subgrantee shall set an appropriate DBE goal consistent with the Department's DBE guidelines and in consideration of the local market; project size; and nature of the goods or services to be acquired. The Subgrantee shall have final decision- making authority regarding the DBE goal and shall be responsible for documenting its actions- D-The Subgrantee shall follow all other parts of the Department's DBE program referenced in T ROT Form 2395; Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federal Iy-Approved Disadvantaged Business Enterprise by Entity and attachments found at web address http:/ANwww-t dot-gov/business}partnershipsidbe.htmI E-The Subgrantee shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any UDOT-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 U DOT-assisted contracts- The Department's DBE program. as required by 49 CFR Part 26 and as approved by UDOT- 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 U C 1 GG1 and the Program Fraud Civil Remedies Act of 1986 (31 U C 3801 et seq-)- F- Each contract the Subgrantee signs with a contractor(and each subcontract the prime contractor signs with a sub-contractor)must include the following assurance. The contractor; sub-recipient. or sub-contractor shall not discriminate on the basis of race, color, national origin- or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of U IDOT-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 signing and submitting this proposal. the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 120G. 2023-Fortworth-IDM-00028 Printed On: 11/28/2022 Page 15 of 34 City of Fort Worth Police Department STEP - IDM - 2023 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, 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 tier covered transactions and will require lower tier participants to comply with 2 CFR parts 189 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 it is not proposed for debarment under 48 CFR part 9_ subpart 9.4, debarred, suspended, ineligible. or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous_A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals_ as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https:llwww_sam.govl). 9_ Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause_ The 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- 1 G. 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 2023-Fortworth-IDM-00028 Printed On: 11/28/2022 Page 16 of 34 City of Fort Worth Police Department STEP - IDM - 2023 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 Regardorrg Debarment, SuUerrsiorr, and Other ReUoasibifity Matters-Primary Tier Covered Transactions (1)The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals.- (a)Are not presently debarred; suspended, proposed for debarment; declared ineligible.. or voluntarily excluded from participating in covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining_ attempting to obtain, or performing a public (Federal, State or local)transaction or contract under a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement, theft,forgery, bribery,falsification or destruction of records, 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 applicationiproposal 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 18G 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 learns 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. 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 anv lower tier covered 2 02 3-Fo rtwo rth-I D M-0 0 02 8 Printed On: 11/28/2022 Page 17 of 34 City of Fort Worth Police Department STEP - IDM - 2023 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 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 all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 189 and 1208_ 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 ineligible to participate in covered transactions. To verify the eligibility of its principals_ as well as the eligibility of any prospective lower tier participants, each participant may; but is not required to. check the System for Award Management Exclusions website (https1/www_sam_govl). 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, SuUeasion. frrel+g+b+lity aad Voluntary Exclusion - LG4Ver Tier 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 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_ 2023-Fortworth-IDM-00028 Printed On: 11/28/2022 Page 18 of 34 City of Fort Worth Police Department STEP - IDM - 2023 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 fails to file the required certification shall be subject to a civil penalty of not less than 1 O.,OOO 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-GOB-. 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:{}edocket_access_gpo.govi2010ipdfi201G-22705_pdf and http:fledocket.access.gpo-govi201 Dip dfi2010-22706.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: https1/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. The DUNS number may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet(D&B)on-line registration website http.iifedgov.dnb.com? ebform; .,n_, 2023-Fortworth-IDM-00028 Printed On: 11/28/2022 Page 19 of 34 City of Fort Worth Police Department STEP - IDM - 2023 anu 3_ Report the total compensation and names of its top five(5)executives to the State if: i_ I'dore than 800/6 of annual gross revenues are from the Federal government, and those revenues are greater than $25_BBO,BBG; and ii_ The compensation information is not already available through reporting to the U_B_ 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 2B0_ B_ If threshold expenditures of 975B4O0G or more are met during the ubgrantee's fiscal year;the ubgrantee must submit a Single Audit Report and Management Letter (if applicable)to TxDOT's Audit Office, 125 East 11th Street,Austin, TX 78701 or contact TxDOT's Audit Office at singleauditsa.tdot_gov C_ If expenditures are less than 176G,GGG during the ubgrantee's fiscal year,the Subgrantee must submit a statement to TxDOT's Audit Office as follows: "We did not meet the 751000 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 Bubgrantee 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_ _C. 313) when purchasing items using Federal funds_ Buy America requires a State, or subrecipient_to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a 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 specific legislative proposal pending before any State or 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 ENTITY'S PUBLIC INFORMATION (This article applies oaly to noa-profit entities.) 2023-Fortworth-IDM-00028 Printed On: 11/28/2022 Page 20 of 34 City of Fort Worth Police Department STEP - IDM - 2023 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. [ B-1368, 83rd Texas Legislature, Regular Session, Effective 911/13] 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 ubgrantee shall comply with Title 43 Texas Administrative Code§25_906(b). Bubgrantee 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 Frogram)_ Subgrantee shall enforce compliance with that program_ 2023-Fortworth-IDM-00028 Printed On: 11/28/2022 Page 21 of 34 City of Fort Worth Police Department STEP - IDM - 2023 COUNTY SERVED Johnson Count- -Fort Worth District Parker Count- - Fart North District Tarrant Count-- Fort IV-GrthDistrict 2023-Fortworth-IDM-00028 Printed On: 11/28/2022 Page 22 of 34 City of Fort Worth Police Department STEP - IDM - 2023 POLIMCAL DISTINCT SEINED Select a Political District Served('View am U.5. Congress* Congressional District 6 Congressional District 12 Congressional District 24 Congressional District 25 Congressional District 26 Congressional District 33 Texas Senate* Texas Senate:District 9 Texas Senate District 10 Texas Senate District 12 Texas House* Texas House of Representatives District 90 Texas House of Representatives District 91 Texas House of Representatives District 92 Texas House of Representatives District 93 Texas House of Representatives District 95 Texas House of Representatives District 96 Texas House of Representatives District 9 Texas House of Representatives District 98 Texas House of Representatives District 99 2023-Fortworth-IDM-00028 Printed On: 11/28/2022 Page 23 of 34 City of Fort Worth Police Department STEP - IDM - 2023 GOALS STRATEGIES AND OPERATIONAL PLAN Goal: 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_ Agency agrees to the above goals and strategies. Operational Plan The purpose of this mobilization is to conduct high-visibility saturation patrols within the Enforcement Zones identified in the Operational Plan (Enforcement Zane) section of the grant for at least four days betveen the hours of 6p-6a, Handay-Sunday during the enforcement periods outlined in the sections below_ Subgrantee must also perform pre- enforcement earned-media campaigns for each enforcement period- Pre-Media Campaign Enforcement Period Conduct local media events Intensify enforcement through immediately before the coordinated saturation patrols in enforcement effort to maximize an overtime STEP placing primary the visibility of enforcement to the emphasis on increasing DVVI public_ The media events tell the arrests and reducing the number of public when,where, how and why alcohol related traffic crashes impaired driving laws are being during peak holidaytraffic_ enforced. Christmas/New December 13, 2022- December December 16, 2022 - January 01, Year's Wave 1 5, 2022 2023 'Spring Break February 28. 2023- March 2, Harch 03, 2023 -March 19, 2023 Rave 2023 Independence June 20, 2023 - June 22. 2023 June 23. 2023 - July 09. 2023 Labor Day August 15. 2023 -August 17, August 18, 2023 - September 04_ '%'Vave 2023 2023 Comments 2023-Fortworth-IDM-00028 Printed On: 11/28/2022 Page 24 of 34 City of Fort Worth Police Department STEP - IDM - 2023 Please mark all of your proposed zones forthis mobilization an a single STEP-IDM heat map and upload that map here. Click here to see an example. The maximum number of allowable zones for an agency is determined by dividing the total number of enforcement hours by 220 and rounding to the nearest whole number. https:Ilwww.dat.state.tx.uslapeslegrantsl_UpIaadl1174920_342126_1-FartWorth- IDM2023-Combi nedmap.JPG XAgency agrees to conduct the engagement activities associated with this project as described 2023-Fortworth-IDM-00028 Printed On: 11/28/2022 Page 25 of 34 City of Fort Worth Police Department STEP - IDM - 2023 LAW ENIFOROE ENT OSJEOTI E/PERIFORNI NOE MIASURE STEP enforcement grants are focused on reducing crashes, and Impaired Dri��ing Mobilization (ID I) enforcement grants speciEcally focus reducing fatal or serious-injure{IAA}crashes where alcohol was invoh,ed (DL-I}. The blanks on this page represent the baseline number of KA crashes related to ID enforcement efforts (DLZ-KA), and the KA crash targets each agency hopes to achieve through ED-NI er£orcement. The data entered on this page is the basis for the grant's enforcement performance measures. The Baseline KA crash data is provided by TxDOT using a 3-year rolling average of DUI- KA crashes as reported to TxDOT's Crash Reporting Information System(CRIS)database. The target should retlect a reduction against the Easehine KA Crash number in the top box. The target should be less than the number ofBaseEne KA crashes. Baseline:Jurisdictional m erage annual DW DL'I KA crashes 47 Target: Enforcement actii7ties to reduce total MVIDL:I KA crashes to 45 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 Sub grantee's obligations hereunder. Department and Subg-antee acknGwIedge that Texas Transportation Code Section 720.002 prohibits using traffic-offense quotas and agree that nothing in this Agreement is establishing an flIegal quota. In addition to the STEP enforcement actMties-the subgrantee must maintain baseline non-STEP forded citation and arrest activity due to the prohibition of supplanting- 2023-Fortworth-IDM-00028 Printed On: 11/28/2022 Page 26 of 34 City of Fort Worth Police Department STEP - IDM - 2023 PIKE OBJECTINTTERFORILANCE IIE SURE I agree to the below efforts iy�7th a public information and education(PI&E) program for each Enforcement Period- a- Conduct a tmitumum of one (1)presentations b- Conduct a minimum ofhvo (2)media exposures (e-g-news.conferences-news.releases, and inteniews) c- Conduct a m;n,T,,,rr, of one (1) community events (e.g. health fairs- booths) 2023-Fortworth-IDM-00028 Printed On: 11/28/2022 Page 27 of 34 City of Fort Worth Police Department STEP - IDM - 2023 EINTORCEAEENT ZONES Zone Dame Zone 1-Central-DT-7 ZONE I A'ME: CF I - CENTRAL -DT-7TE ZONE LOCATIOMBOUNDARIES: East 1700 blk I DS Fn - 500 blk N Fmk'(I-30 1-35 mix-master NB to Hwy 121 Zane Description North 1400 blk E_ Belknap St - 900 W Belknap St(1-35 WB to Henderson), SE on Henderson to 7th St. continue VVB to 5500 blk Camp BoMe Vest:5600 blk Camp Bowie 5600 blk I-30, 4'e5t Fnvy South 5600 blk I-3G.-West Frwy- 900 blk E.Fn�,-�,(Camp Eovie EB to I-30 g I-35 mix-master) Zone Hours 6 PM to 6 AM during specific d Mobilization Periods Zone Detail Map https dot.state.tx.usfapps,egrants.'Upload'1174938_341218-Zone-i.pdf Additional Documentation 2023-Fortworth-IDM-00028 Printed On: 11/28/2022 Page 28 of 34 City of Fort Worth Police Department STEP - IDM - 2023 FINTORCEAEENT ZONES Zone Dame Zone 2-Stockyards ID= STEP -Zone ZONE IAA'-v E: OFW 2 - Stock-yards ZONE L0CATIOMBOUNDARMS: Norte 1600 blk Eplffi -2500 blk ICE 28th St{Jacksboro Hwy EB to I-35) EAST: 2800 b1k I-35 - 1300 blk ZONE NAME- CFWI - CEI\TRAL -DT-7TH ZM%IE LOCATION.-BOUNDARIES: Zone Description East: 1700 blk N;'S Frwy - 500 blk N Frvq J-30 @ I-35 -master NB to Hvvy 121 ortk 1400 blk E. Bellalap St - 900 W Belknap St a-35 B to Henderson}, SB on Henderson to 7th St, continue NNT to 5500 bik Camp BoMe West:5600 blk Camp Bmixie: 5600 b1k I-30.West Frv�� South 5600 blk I-30 -est Frwy- 900 blk E.Fnx-�, Camp Bov ie EB to I-30 @ I-35 mix-master) Zone Hours 6 P-M to 6 AEI during specified Mobilization Periods Zone Detail Map dot-state.tx.us.apps.egrants'_Upload1174939_341218-Zone-2.pdf Additional Documentation 2023-Fortworth-IDM-00028 Printed On: 11/28/2022 Page 29 of 34 City of Fort Worth Police Department STEP - IDM - 2023 AGENCY INFORMATION Agency Contacts 1. Ma is your department's Chief/Sheriff.+'Constable? Neil Noakes 2- How many gears has that person held that position at this agency? 2 I Ma is the person in charge of training at your department? Captain Kenjura 4- Please provide their wark email and telephone number- sean kenjura@fort 6- lhat is the name of the person in charge of your department's official social media accounts? Sgt- Heise 6- Please provide their wark email and telephone number. Amelia-Heise fort Service Data 1- Mat is the size in square miles of your department's service area? 309- 2 2- Mat is the latest estimated population of your service area? 94220 I How many sworn officer positions is your agency autharized? 174 4- Haw many of those pasitions are currently filled? 1628 F_ How many total calls for service did your agency lag in the past 12 292920 months? 6- How many total crashes did your agency respond to in the past 12 26121 months? I- ...---.-. i-•-I ..-I-:-I- -i--- -I:-1 -...- - --- - -- -I.- ..- it- - - --i A•l AF* Af': 2023-Fortworth-IDM-00028 Printed On: 11/28/2022 Page 30 of 34 City of Fort Worth Police Department STEP - IDM - 2023 r_ how MaDy 101W VenlCEe slaps aIU yoUr agency MEIKe in ine past -i z -1 00-115 months? BTS Program Area 1_ aces your agency participate in Fatal Crash Review(FCR) meetings with TROT? No _ Does your department have a traffic unit? Yes 3_ Does your department have a DW unit? Yes 4_ Does your department have at least one currently certified Drug Recognition Expert (DRE)? No 5_ Does your department have at least one certified Child Passenger Safety (CPS)Technician or Instructor? No 1-3_ Does your department have at least one data analyst? Yes 7_ Does your department have at least one certified Commercial Vehicle Enforcement (CVE) off cer? Yes 8_ Does your agency have a Controlled Party Dispersal (CPD) program in place for underage individuals who are gaining social access to alcohol at parties? 9_ Are there any officially designated bicycle routes in your service area? No 2023-Fortworth-IDM-00028 Printed On: 11/28/2022 Page 31 of 34 City of Fort Worth Police Department STEP - IDM - 2023 SAI-ARIES AND FRD GE BENEMS -,D-x-DYA-ors 148 XO*rhn:k^jUrTM FoT 3euv♦ nf BJPMEFaDdGjAdm r 5tr-t v-3 Dutia&j Dn tftlb pap.che:*the OverTimeandW REquarTR% W&H that JPP4 tD th4M dfftIM.,r tra are P D aut"IR 13 anil G.*mve both bm&u noheNDM TXDCFF R-ge ly::OT FrVpge TQ!0I A EribrG&DYN F 0-0er&DRpAm, 103 24 S&E= W Ba sl%ajM S8j3MJ30 A1% 52.1211&5 Sergs3m 19 5 WAM 41,&MG0 $"00 $2BMM 26,11% V61% Sa R PME ACUMRG P&-.AdUW' 1 4 1 SM03 umw M Ke ZuU% 2587A0a "im 9174,03 T.22JX 26A1% -Ke A: 7 -RrA-H � 4 1 $N= $166J30 $N.03 3195J30 26A1% 5-- % 97 % Sa % 40 % 50 T4431 5E95100 522,M00 $1124500 52 2E9 M .F ca"rl TADDT I MaEcir % TM SaUrles 53961W 7969% 33A1 20.31% V121532 FWqe5ew-% F 52 375,34 W 00r% S593.96 202M S2 959 W 15PRaw33M C'-Frftp Pe"b-tKJ,Rs FrV?gebswT DeIaI64rrPR11 I3rQTe rMkORidliaTurteaD3a vCwvG"�t96 f-eaM aid LM -r.wra-ne'&=,CA 146 2023-Fortworth-I DM-00028 Printed On: 11/28/2022 Page 32 of 34 City of Fort Worth Police Department STEP - IDM - 2023 L'�{DEU T COST-800 Description Current Rate for FINTD 3.74 https-�'vv,vv�v.dot-state.tx.us'appsiegrants,_Uploadi11749'31 341294- File Upload IndirectCost.docx Proposed Percentage 3.74% Apple the Indirect Cost Rate to. {100} Salaries - 11=?45.00 (200)Fringe Benefits - 52:969.80 (3DO)Travel and Per Diem - Ik on-edorcement Travel- S0 ' STEP Enforcement -NUeage- SO (400)Equipment- SO (500)Supplies- SO (600)Contractual Senices - SO (700)Other Miscellaneans - SO Total Selected S 11,245.00 Amount Exemption mount 5420.56 Exemption Reason salaries alrea 'used at match Eligible Amount SID.824.4-4 Total Cost 404.83 Please enter allocation amount per items entered in the follovvingfields. Click the Bare button to calculate the percentages_ Amount Percentages TxDOT $323.86 80.00"/o -_-Matcb $80.97 20.DOO o Total $404.83 2023-Fortworth-IDM-00028 Printed On: 11/28/2022 Page 33 of 34 City of Fort Worth Police Department STEP - IDM - 2023 Budget Summsc- TxDOT match � Total Budget Categor., Category I -Labor Costs (100) Salaries $8,961-00 $2,284-66 $11,245-00 (200} Fringe Benefits $2,375-94 $593-96 $2,9,69-80 Category I Sub- $11,336-84 $2,877-96 Total Category II - Other Direct Costs (300) Travel $0 $0 $0 (400) Equipment $0 $0 $0 (600) Supplies ${} $0 $0 (600) Contractual $0 $0 $0 SeMces Other (700 Miscellaneous $0 $0 $0 Category 11 Sub- $0 $0 $0 Total Total Direct Costs $11.336-84 $2,877-96 $14,214-80 Category III - Indirect Costs (8M Indirect Cost Rate $323-86 $80-9T $404.83 SrimmarI Total Labor Costs $11-336-84 $2.877.96 $14-214-80 Total Direct Costs $0 $0 $0 Total Indirect $323-86 $80.97 $404.83 Costs Grand Total $11-660-70 $2-958-93 $14.619.63 Fund Sources 79-76% 20-24% (Percent Share) 2023-Fortworth-IDM-00028 Printed On: 11/28/2022 Page 34 of 34 [Executed effective as of the date signed by the Assistant City Manager below.] / [ACCEPTED AND AGREED:] By: Name: Fernando Costa Title: Assistant City Manager Date: Nov 29,2022 CITY OF FORT WORTH INTERNAL ROUTING PROCESS: Approval Recommended: Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including By: '.2022 07:29 CS-0 ensuring all performance and reporting Name: Robert A. Alldredge Jr. requirements. Title: Executive Assistant Chief of Police s�s � Approved as to Form and Legality: By: Name: Sarah Shannon By. _ Title: Supplemental Funding Manager 4,pp4a�n�� Name: Taylor Paris �boF FO.. i44;o da Title: Assistant City Attorney City Secretary: o ° ono o=d nE4p54q� Contract Authorization: �7�1�12tt2 c1 C7000t� M&C• #22-0903 By: JannetteS.Goodall(Nov29,202216:09CST) Name: Jannette S. Goodall Title: City Secretary OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORT 111 Create New From This M&C DATE: 11/8/2022 REFERENCE NO.: **M&C 22-0903 LOG NAME: 35FY23 TXDOT STEP IDM GRANT CODE: G TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (ALL) Ratify Application for, and Authorize Acceptance of, if Awarded, the Texas Department of Transportation Selective Traffic Enforcement Program Impaired Driving Mobilization Grant to Occur in Fiscal Year 2023, in an Amount Up to $15,000.00, Which Includes City's Match Requirement of$3,000.00, Authorize Transfer of$3,000.00 from the General Fund for the City's Match Requirement, Authorize Execution of Related Grant Agreement, and Adopt Appropriation Ordinances RECOMMENDATION: It is recommended that the City Council: 1. Ratify application for, and acceptance of, if awarded, the Selective Traffic Enforcement Program Impaired Driving Mobilization Grant from the Texas Department of Transportation in an amount up to $15,000.00; 2. Authorize the execution of a grant agreement with Texas Department of Transportation for the Fiscal Year 2023 Selective Traffic Enforcement Program Impaired Driving Mobilization Grant; and 3. Adopt the attached appropriation ordinance reallocating appropriations in the Police Department of the General Fund by decreasing appropriations from Salary and Benefits category in the amount of $3,000.00 and increasing appropriations in the Transfers and Other category by the same amount, for the purpose of transferring to the Grants Operating Federal Fund; and 4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating Federal Funds by $15,000.00 subject to the award and receipt of the grant funds, for the purpose of funding the Texas Department of Transportation Fiscal Year 2023 Selective Traffic Enforcement Program Impaired Driving Mobilization Grant. DISCUSSION: The Texas Department of Transportation (TXDOT) Selective Traffic Enforcement Program Impaired Driving Mobilization (STEP IDM)grants are aimed at reducing the number of vehicle crashes, injuries, and fatalities due to impaired driving during major holiday times. The STEP IDM program features four 2-week mobilization periods. Those periods are: Christmas-New Year's (December 2022 -January 2023) Spring Break (March 2023) Independence Day (June-July 2023) Labor Day (August-September 2023) In addition to impaired driving, STEP IDM grant activities can include enforcement of speed, seatbelt, and intersection traffic control laws. The total proposed direct program amount for Fiscal Year 2023 is $15,000.00, which includes$3,000.00 in match funds. Funds will be budgeted for overtime and associated fringe benefits for an estimated 1400 enforcement hours with an additional estimated 28 hours for grant administration. The grant will also fund overtime, along with associated fringe benefits, http://apps.cfwnet.org/council_packet/mc review.asp?ID=30456&councildate=ll/8/2022 11/9/2022 M&C Review Page 2 of 2 to provide an estimated 10 hours for public information and education events on the STEP IDM which includes; pre-media campaign, enforcement effort, and post-media campaign. The STEP IDM grant will pay for overtime hours of the officers participating in the program. Award of this grant and receipt of funds will occur in Fiscal Year 2023. A local match of at least 20\% is required. The Fiscal Year 2023 General Fund budget will be used to meet this match requirement. Indirect costs are allowable up to 10\%. These grant funds will be for overtime and fringe benefits only. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the current operating budget, as appropriated, in the Grants Operating Federal Fund. The Police Department(and Financial Management Services)will be responsible for the collection and deposit of funds due to the City. Prior to an expenditure being incurred, the Police Department has the responsibility to validate the availability of funds. This is a reimbursement grant. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID i Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Neil Noakes (4212) Additional Information Contact: Tracy Lamm (4228) ATTACHMENTS FY23 SEP IDM Pay Table.docx (CFW Internal) FY23_TXDOT_STEP_IDM= FID (1).xlsx (CFW Internal) ORD FY23 TXDOT STEP IDM - GF Ordinance.docx (Public) ORD FY23 TXDOT STEP IDM - OSF Ordinance.docx (Public) RES FY23 TXDOT STEP IDM - Resolution.pdf (Public) http://apps.cfwnet.org/council_packet/mc review.asp?ID=30456&councildate=ll/8/2022 11/9/2022 FORT WORTH City of Fort Worth Inter - Office Correspondence DATE: November 28,2022 FROM: Tracy Lamm Financial Management Division Fort Worth Police Department SUBJECT: FY23 Texas Department of Transportation STEP IDM Grant Award CSC#Assignment Attached for your review is the FY23 Texas Department of Transportation Selective Traffic Enforcement Program (STEP) Impaired Driving Mobilization (IDM) Award Document being submitted for the CSC# Assignment. *The M&C was approved in November 2022 and is attached. M&C Not Required M&C Required: #21-0903 Form 1295 Number: Please contact Tracy Lamm at tracy.lamm@fortworthtexas.eov for all questions and concerns. Nov 28,2022 Taylor Paris Date Assistant City Attorney Nov 28,2022 Sarah Shannon Date Supplemental Funding Manager Georgia Tucker(Nov 28,2022 14:50 CST) Nov 28,2022 Georgia Tucker Date Finance Manager A"U&W — Nov 28,2022 Keith Morris Date Assistant Director 11Page Julie S,wearingin(Nov28,202217:49 CSC Nov28,2022 Julie Swearingin Date Assistant Chief Ro�ld29,2022 07:29 CST) Nov 29,2022 Robert A.Alldredge Jr. Date Executive Assistant Chief of Police 7;,4 .-- Nov 29,2022 Fernando Costa Date Assistant City Manager 2 Page