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HomeMy WebLinkAboutContract 52897 CITY SECRETARY CONTRACT No. 5 ool$�1 From: terry.pence@txdot.gov To: Mendoza,Jason;Ashton.Kristina;CPD Grants;CPD Grants;Morris.Keith L Cc: egrantshelDCaltxdot.aov;sedrick.montgomerv(audot.aov;iessica.wilkerson(&txdot.aov Subject: 2020-Fortworth-S-CMV-00009 approved for Traffic Safety Funding Date: Thursday,September 26,2019 11:51:08 AM CAUTION:This email originated from outside of the City of Fort Worth email system.Do not click any links or open attachments unless you recognize the sender and know the content is safe. This message is to inform you that your proposal, 2020-Fortworth-S-CMV-00009 has been approved for funding. TxDOT Traffic Safety grant agreements must be electronically/digitally signed by both parties. You must read and follow the"Electronic Signature Agreement"instructions on the eGrantsHelp page for detailed steps on how to electronically sign your grant agreements in eGrants. his://www.txdot.gov/ s/eGrants/eGrantsHelp/Instructions/eSig an ture.pdf. If your agency or organization is no longer interested in receiving grant funding, and you would like to have your proposal withdrawn, contact your TxDOT Project Manager. Please review the Terms and Conditions as they have been revised since the Request For Proposal was posted. Please note that this award is contingent upon Highway Safety Plan(HSP)approval by the National Highway Traffic Safety Administration(NHTSA), and the availability of federal funds awarded to the State of Texas under the provisions of the HSP and upon Internal Compliance Program review clearance of your agency by TxDOT Compliance division. Also,please be mindful that the grant becomes effective on Oct 01, 2019, or on the date of final signature by both parties,whichever is later.No costs can be incurred prior to the effective date of the grant. For questions regarding this notice, contact your TxDOT Project Manager. If you have technical questions, contact your TxDOT Project Manager, or eGrantsHelp at: eGrantsHelp@txdot.gov OO�Q�Fo0v� ` UFFiCIAL RECORD \ \c 00� r. CITY SECRETARY FT WORTH TX Texas Traffic Safety eG ra nts Fiscal Year 2020 Organization Name: City of Fort Worth Police Department Legal Name: City of Fort Worth Payee Identification Number: 17560005286018 Project Title: STEP CMV ID: 2020-Fortworth-S-CMV-00009 Period: 10/01/2019 to 09/30/2020 City of Fort Worth Police Department STEP CMV 2020 GENERAL INFORMATION Project Title:STEP CMV Program Elements When performing enforcement activities under this grant, officers should make the enforcement of the STEP elements listed below their top priority,although any traffic-related probable cause can be used to initiate a vehicle stop 1_ DWI: Driving While Intoxicated 2.Speed: Speed Enforcement 3. OR Occupant Protection(Safety Belt) 4_ HMV: Hazardous Moving Violations 5_DD: Distracted Driving XAgency agrees to enforce the above Program Elements as part of the Selective Traffic Enforcement Program_ 2020-Fortworth-S-CMV-00009 Printed On: 9/26/2019 Page 1 of 31 City of Fort Worth Police Department STEP CMV 2020 Data Universal Numbering System:The Data Universal Numbering System(DUNS)is a unique nine- digit number recogmed as the universal standard for kfentifymg and tracking businesses worldwide_ The Federal Spending Transparency Directive and the previous Federal Funding Accountability and Transparency Act.(FFATA)requires grantees and sub-grantees to have a DUNS number_ Most agencies and orgy nua s have DUNS numbers established,please check with your accounting staff To obtain a DUNS number,applicants should go to the Dun and Bradstreet website at bttp:l/fedgov.dnb.com/webfoam Data Universal Numbering System(D-U-N-S) 782003727 2 C_17.11-Part 200 Compliance Enter the Begin Date and End Date of your Agency's Fiscal Year 2020 Begin Date: 10/1/2019 End Date^9/30/2020 Your entity is required to comply with federal(OMB A-133)and/or state(State of Texas Single Audit Circular)requirements. If threshold des of$750.000 or more are met daring your agency's fiscal year,please submit a Single Audit Report and Management Letter(if applicable)to TxDOTs Audit Office, 125 East Eleventh Street,Austin,TX 78701 or contact TsDOTs Audit Office at ing • txdot_gav If des are less than$750,000 daring your agency's fiscal year,please submit a statement to TxDOTs Audit Office as follows. "We did not meet the$750,000 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 written policies and procedures before STEP grants can be executed Please click here for STEP Policies and Procedures requirements- If your agency has approved STEP Operating Policies and Procedures,please upload here bttpsJ/www.dotstate_tx.u&tapps/egrantsl U~854110-FWPDTxDOTSTEP- CMVSOPApprovedpdf If your agency does not have approved STEP Operating Policies and Procedures,please certify the following I certify that our agency will deep STEP Operating Policies and Procedures before executing the grant. 2020-Fortworth-S-CMV-00009 Printed On: 9/26/2019 Page 19 of 31 City of Fort Worth Police Department STEP CMV 2020 PROPOSIlti G AGENCY AUTHENTICATION X The following person has authorized the submittal of this proposaL Name Jesus Chapa Title Assistant City Manager Address 100 Texas Street City Fort Worth State .Texas Zip Code _76102 Phone Number _817-392-5804 Fax Number = E-mail address jesus_chapaWortworthtexas_gov 2020-Fortworth-S-CMV-00009 Printed On: 9/26/2019 Page 20 of 31 City of Fort Worth Police Department STEP CMV 2020 COUNTY SERVED Tarrant County-Fort Worth District 2020-Fortworth-S-CMV-00009 Printed On: 9/26/2019 Page 21 of 31 City of Fort Worth Police Department STEP CMV 2020 POI.ITICAI.DISTRICT SERVED U.S.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 cf Representatives District 96 Texas House of Representatives District 97 Texas House of Representatives District 98 Texas House of Representatives District 99 2020-Fortworth-S-CMV-00009 Printed On: 9/26/2019 Page 22 of 31 City of Fort Worth Police Department STEP CMV 2020 GOALS AND STRATEGIES Goal: To reduce commercial motor vehicle crashes,injuries,and fatalities iuvolving vehicles with a vehicle body type of"Semi-Traiter"or"Truck-Tractor" Increase public information and education on sharing the road with commercial motor vehicles (CMV)- Strategies: Increase public education and information campaigns regarding enforcement activities. Increase and sustain high visibi ity enforcement of traffic safety-related laws. X Agency agrees to the above goals and strategies. 2020-Fortworth-S-CMV-00009 Printed On: 9/26/2019 Page 23 of 31 City of Fort Worth Police Department STEP CMV 2020 BASELINE INFORNIATION Baseline Definition: A number serving as a foundation for subgrantees to measure pre-grant traffic enforcement activity: Baseline information must be provided by the subgrantee in order to identify local traffic enforcement related activity_ This information should exclude any activity generated with STEP grant dollars_ Once the baseline is established,these figures wffi be used to compare subsequent year's local and grant traffic enforcement activity. Note:Baseline data used must be no older than 201 b_ Baseline Year(12 months) From 111/2017 to 12131/2017 Baseline Measure Arrests/Citations Written Warnings KA Crashes Commercial Motor Vehicle(non 598 2 28 STEP) Other Elements(non STEP) 0 0 0 If you have additional attachments,provide them on the"Attachments"page 2020-Fortworth-S-CMV-00009 Printed On: 9/26/2019 Page 24 of 31 City of Fort Worth Police Department STEP CMV 2020 LAW ENFORCEMENT OBJECENEIPERFORAL&NCE N EASURE Objective/Performance Measure Target Number Reduce the number of trashes that involve a CMV to 25 Number of Enforcement Hours 816 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 aclmowledge 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. 2020-Fortworth-S-CMV-00009 Printed On: 9/26/2019 Page 25 of 31 City of Fort Worth Police Department STEP CMV 2020 PI&E OBJECTIVEIPERFORMANCE MEASURE Objectives/Performance Measure Target Number Support Grant efforts with a public information and education (PI&E) program a. Conduct presentations 5 b. Conduct media exposures(e_g_ news conferences, news releases,and 5 interviews) c. Conduct community events(e_g. health fairs, booths) 2 2020-Fortworth-S-CMV-00009 Printed On: 9/26/2019 Page 26 of 31 City of Fort Worth Police Department STEP CMV 2020 OPERATIONAL PLAN Zone Name: CFW 5-S-Frwy- Outter Loop North 5800 S.Frwy West S.Frwy service road to 12500 S.Trwy Zone Soutk- 12500 S.Frwy Location: East S.Frwy service road t E.Ahamesa i►lu&g 200 E.Altamesa to 6400 Oak Grove Rd to 1400 Evennan Pkwy to S-Frwy Service Rd Zone Hams Zone Heat https-Hwww.dot.state.ts us/apps/egrants/ Upk►ad/854149-2020-Fortworth-S-CMV- Map:(attach) 0OW9 rmed-ZoneCFW5-SvukhFreewayOutterLoop-pdf 2020-Fortworth-S-CMV-00009 Printed On: 9/26/2019 Page 27 of 31 City of Fort Worth Police Department STEP CMV 2020 OPERATIONAL PLAN Zone Name : CFW 9-N_Frwy North 1900 N.Frwy Zone Location: West N.Frwy Service Rad to interchange with Loop 820 South Loop 820 East Service Road to 1900 N_Frwy Zone Hours : Zone Heat httpsJ/www_doLstate_tx_us/appslegrantsl Upkad/885220-2020-Fornvorth-S-CMV- Map:(attach) 00009-Approved-ZoneCFW9-NorthFreeway_pdf 2020-Fortworth-S-CMV-00009 Printed On: 9/26/2019 Page 28 of 31 City of Fort Worth Police Department STEP CMV 2020 SAIAIRHS AND FRINGE BENEFITS Law Enforcement Hours:816 X Overtime Regular Time TxDOT Match Wage TXDOT Match Total Fringe Total Hours Hours Rate Salaries Salaries Salaries % Fringe: A.Enforcement OfficersJDepufies: 618 $53.540 $33,087.72 $33,087.72 21.91% $7,249.52 Sergeants: 198 $70.400 $13,939.20 $13,939.20 21.91%S $3,054.08 Lieutenants/Other: $o % $0 5.PI&E Activities PI&E Activities: 6 i33540 $321.24 $321.24 21.91% $70.38 C.Administrative Duties Administrative Assistant 50 $25.700 $1,285.00 $1,285.00 21.91% $281.54 $0 % $0 S0 % $o $0 % $0 $o % $o $0 % $o Total: $47,026.92 $1,606.24 $48,633.16 $10,655.53 Category TXDOT % Match % Total Salaries: :$47,026.92 96.70% $1,606.24 3.39% $48,633.16 Fringe Benefits: $2,973.08 27.90% $7.682.45 72.10% $10,655.53 Breakdown of Fringe Percentages: FICA$2.85 fringe 8.67% Worker's Comp$0.70 fringe Details of regular time,if included in any of the above 2.13% hours PensbalRetirerrent$3.78 fringe 11.50% Health Insurance$5 fringe 15.21% 2020-Fortworth-S-CMV-00009 Printed On: 9/26/2019 Page 29 of 31 City of Fort Worth Police Department STEP CMV 2020 IND RECT COST Description The CFW PD Indirect Cost Rate is 5.53%which was determined by a study completed by Maximus Consulting Services. File Upload bttps-1/www.dot_state_tx_us/agps/egrants,� Ugkm&854173-FY2020TxDOTCMV- FWPDindirectCostRate_polf Proposed 5.53% Percentage Apply the Indirect X(100)Salaries- $48,633-16 Cost Rate to- X(200)Fringe Eene%- $10,655-53 (300)Travel and Per Diem-Non-enforcement Travel-$0I STEP Enforcement Mileage- $0 (400)Equipment- $0 (500)Supplies-$0 (600)Contractual Services-$0 (700)Other Miscellaneous-$0 Total Selected $59,288.69 Amount Exemption Amount $0 Exemption Reason Eligible Amount $59,288.69 Total Cost $3,278.66 Please enter allocation amount per items entered in the following fields_ Click the Save button to calculate the percentages- ( —, ;Amount Percentages TxDOT $0 0.00°10 Match $3,278.66100.00% Total $3,278.66 2020-Fortworth-S-CMV-00009 Printed On: 9/26/2019 Page 30 of 31 City of Fort Worth Police Department STEP CMV 2020 BUDGET SUMMARY -F Budget Category TXDOT F Match Total ""ory.l-Labor Casts 1100) Salaries: $47,D26,92 $1,606.24 $48,633.16 (260) Fringe Benefits: $2.973.08 $7.682.45 $10,655 53 Sub Total: $50,000.OD 28$,fi9 $59288,69 Category II -Other Direct Costs (300) Travel: $D $D $0 (400) Equipment $0 $D $0 151)D) Supplies: $0 $D $0 ( ) Contractual $D $D $0 Services: Other ) Miscellaneous: $D $0 $D Sub-Total: $0 $0 $0 Total Direct Costs: $50,0DQ:40 $9,288-69 ,9,MtO Category III-Indirect Costs (800) Indirect Cost $0 $3,278.66 $3,278.66 Rate: Summary Total Labor Costs: $50,0D100 $9,288.69 $59,288.69 Total Direct $0 $0 $0 Costs: Total Indirect Costs: $0 $3,278.66 $3;2713.66 Grand Total $5t),OOb:()t? $1Z567335 $62,567.35 Fund Sources (Percent 79.91% 20_09% Share): Salary and cost rates will be base on the rates submitted by the Subgrantee in its grant application in Egrants- 2020-Fortworth-S-CMV-00009 Printed On: 9/26/2019 Page 31 of 31 Texas Traffic Safety Program GRANT AGREEMENT GENERAL TERMS AND CONDITIONS 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) §§4601 et seq.; and United States Department of Transportation (USDOT) regulations, "Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted Programs," 49 CFR, Part 24, which provide for fair and equitable treatment of persons displaced as a result of federal and federally assisted programs. D. Political activity (Hatch Act) (applies to subrecipients as well as States). The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508) which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. Revised 7/18/2019 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. G. It will give the Department the access to and the right to examine all records, books, papers, or documents related to this Grant Agreement. H. It will comply with all requirements imposed by the Department concerning special requirements of law, program requirements, and other administrative requirements. I. It recognizes that many federal and state laws imposing environmental and resource conservation requirements may apply to this Grant Agreement. Some, but not all, of the major federal laws that may affect the project include: the National Environmental Policy Act of 1969, as amended, 42 USC §§4321 et seq.; the Clean Air Act, as amended, 42 USC §§7401 et seq. and sections of 29 USC; the Federal Water Pollution Control Act, as amended, 33 USC §§1251 et seq.; the Resource Conservation and Recovery Act, as amended, 42 USC §§6901 et seq.; and the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42 USC §§9601 et seq. The Subgrantee also recognizes that the U.S. Environmental Protection Agency, USDOT, and other federal agencies have issued, and in the future are expected to issue, regulations, guidelines, standards, orders, directives, or other requirements that may affect this Project. Thus, it agrees to comply, and assures the compliance of each contractor and each subcontractor, with any federal requirements that the federal government may now or in the future promulgate. J. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, 42 USC §4012a(a). Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where that insurance is available as a condition for the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any form of direct or indirect federal assistance. K. It will assist the Department in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470 et seq.), Executive Order 11593, and the Antiquities Code of Texas (National Resources Code, Chapter 191). L. It will comply with Chapter 573 of the Texas 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 Revised 7/18/2019 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 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 cost, or other method of payment, reimbursement will be based on the specified method. B. All payments will be made in accordance with the Project Budget. 1. The Subgrantee's expenditures may overrun a budget category (I, 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, Subgrantees 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, Subgrantees Revised 7/18/2019 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 (30) days after the end of the billing period. The Request for Reimbursement and appropriate supporting documentation must be submitted through eGrants. G. The Subgrantee agrees to submit the final Request for Reimbursement under this agreement within forty-five (45) days of the end of the grant period. H. Payments are contingent upon the availability of appropriated funds. I. Project agreements supported with federal or TxDOT funds are limited to the length of this Grant 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. 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. Revised 7/18/2019 ARTICLE 5. AMENDMENTS This agreement may be amended prior to its expiration by mutual written consent of both parties, utilizing the Grant Agreement Amendment in eGrants. Any amendment must be executed by the parties within the Grant Period, as specified in this Grant Agreement. ARTICLE 6. ADDITIONAL WORK AND CHANGES IN WORK A. If the Subgrantee is of the opinion that any assigned work is beyond the scope of this agreement and constitutes additional work, the Subgrantee shall promptly notify the Department in writing through eGrants. If the Department finds that such work does constitute additional work, the Department shall advise the Subgrantee and a written amendment to this agreement will be executed according to Article 5, Amendments, to provide compensation for doing this work on the same basis as the original work. If performance of the additional work will cause the maximum amount payable to be exceeded, the work will not be performed before a written grant amendment is executed. B. If the Subgrantee has submitted work in accordance with the terms of this agreement but the Department requests changes to the completed work or parts of the work which involve changes to the original scope of services or character of work under this agreement, the Subgrantee shall make those revisions as requested and directed by the Department. This will be considered as additional work and will be paid for as specified in this Article. C. If the Subgrantee submits work that does not comply with the terms of this agreement, the Department shall instruct the Subgrantee to make any revisions that are necessary to bring the work into compliance with this agreement. No additional compensation shall be paid for this work. D. The Subgrantee shall make revisions to the work authorized in this agreement that are necessary to correct errors or omissions, when required to do so by the Department. No additional compensation shall be paid for this work. E. The Department shall not be responsible for actions by the Subgrantee or any costs incurred by the Subgrantee relating to additional work not directly associated with or prior to the execution of an amendment. ARTICLE 7. REPORTING AND MONITORING A. Not later than thirty (30) days after the end of each reporting period, the Subgrantee shall submit a 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 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 Revised 7/18/2019 performance report within 30 days of the completion of each project month and within 30 days of project completion. 3. For Selective Traffic Enforcement Program (STEP) Wave projects, the reporting period is each billing cycle. Subgrantee shall submit a performance report within 30 days of the completion of each billing cycle. B. The performance report will include, as a minimum: (1) a comparison of actual accomplishments to the objectives established for the period, (2) reasons why established objectives and performance measures were not met, if appropriate, and (3) other pertinent information, including, when appropriate, an analysis and explanation of cost underruns, overruns, or high unit costs. C. The Subgrantee shall promptly advise the Department in writing, through eGrants, of events that will have a significant impact upon this agreement, including: 1. Problems, delays, or adverse conditions, including a change of project director or other changes in Subgrantee personnel, that will materially affect the ability to attain objectives and performance measures, prevent the meeting of time schedules and objectives, or preclude the attainment of project objectives or performance measures by the established time periods. This disclosure shall be accompanied by a statement of the action taken or contemplated and any Department or federal assistance needed to resolve the situation. 2. Favorable developments or events that enable meeting time schedules and objectives sooner than anticipated or achieving greater performance measure output than originally projected. D. The Subgrantee shall submit the Final Performance Report through eGrants within thirty (30) days after completion of the grant. ARTICLE 8. RECORDS The Subgrantee agrees to maintain all reports, documents, papers, accounting records, books, and other evidence pertaining to costs incurred and work performed under this agreement (called the "Records"), and shall 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. Revised 7/18/2019 ARTICLE 9. INDEMNIFICATION A. To the extent permitted by law, the Subgrantee, if other than a government entity, shall indemnify, hold, and save harmless the Department and its officers and employees from all claims and liability due to the acts or omissions of the Subgrantee, its agents, or employees. The Subgrantee also agrees, to the extent permitted by law, to indemnify, hold, and save harmless the Department from any and all expenses, including but not limited to attorney fees, all court costs and awards for 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 act, by either commission or omission on the part of the Subgrantee. C. If the Subgrantee is a government entity, both parties to this agreement agree that no party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds, as well as the acts and deeds of its contractors, employees, representatives, and agents. ARTICLE 10. DISPUTES AND REMEDIES This agreement supersedes any prior oral or written agreements. If a conflict arises between this agreement and the Traffic Safety Program Manual, this agreement shall govern. The Subgrantee shall be responsible for the settlement of all contractual and administrative issues arising out of procurement made by the Subgrantee in support of work under this agreement. Disputes concerning performance or payment shall be submitted to the Department for settlement, with the Executive Director or his or her designee acting as final referee. ARTICLE 11. TERMINATION A. This agreement shall remain in effect until the Subgrantee has satisfactorily completed all services and obligations described in this agreement and these have been accepted by the Department, unless: 1. This agreement is terminated in writing with the mutual consent of both parties; or 2. There is a written thirty (30) day notice by either party; or 3. The Department determines that the performance of the project is not in the best interest of the Department and informs the Subgrantee that the project is terminated immediately. B. The Department shall compensate the Subgrantee for only those eligible expenses Revised 7/18/2019 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 USDOT, or any of their authorized representatives, have the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed under this agreement and the premises in which it is being performed. B. If any inspection or evaluation is made on the premises of the Subgrantee or its subcontractor, the Subgrantee shall provide and require its subcontractor to provide all reasonable facilities and assistance for the safety and convenience of the inspectors in the performance of their duties. All inspections and evaluations shall be performed in a manner that will not unduly delay the work. ARTICLE 13. AUDIT The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under this agreement or indirectly through a subcontract under this agreement. Acceptance of funds directly under this agreement or indirectly through a subcontract under this agreement acts as acceptance of the authority of the State Auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. ARTICLE 14. SUBCONTRACTS A subcontract in excess of$25,000 may not be executed by the Subgrantee without prior written concurrence by the Department. Subcontracts in excess of$25,000 shall contain all applicable terms and conditions of this agreement. No subcontract will relieve the Subgrantee of its responsibility under this agreement. ARTICLE 15. GRATUITIES A. Texas Transportation Commission policy mandates that employees of the Department shall not accept any benefit, gift, or favor from any person doing business with or who, reasonably speaking, may do business with the Department under this agreement. The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of the Department's Executive Director. B. Any person doing business with or who reasonably speaking may do business with the Department under this agreement may not make any offer of benefits, gifts, or favors Revised 7/18/2019 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. 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 own procurement and property management procedures, provided that the procedures are not in conflict with (1) the Department's procurement and property management standards and (2) the federal procurement and property management standards provided by 2 CFR §§ 200.310-.316, 200.318-.324. Revised 7/18/2019 ARTICLE 20. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY Upon completion or termination of this Grant Agreement, whether for cause or at the convenience of the parties, all finished or unfinished documents, data, studies, surveys, reports, maps, drawings, models, photographs, etc. prepared by the Subgrantee, and equipment and supplies purchased with grant funds shall, at the option of the Department, become the property of the Department. All sketches, photographs, calculations, and other data prepared under this agreement shall be made available, upon request, to the Department without restriction or limitation of their further use. A. Intellectual property consists of copyrights, patents, and any other form of intellectual property rights covering any databases, software, inventions, training manuals, systems design, or other proprietary information in any form or medium. B. All rights to Department. The Department shall own all of the rights (including copyrights, copyright applications, copyright renewals, and copyright extensions), title and interests in and to all data, and other information developed under this contract and versions thereof unless otherwise agreed to in writing that there will be joint ownership. C. All rights to Subgrantee. Classes and materials initially developed by the Subgrantee without any type of funding or resource assistance from the Department remain the Subgrantee's intellectual property. For these classes and materials, the Department payment is limited to payment for attendance at classes. ARTICLE 21. SUCCESSORS AND ASSIGNS The Department and the Subgrantee each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of the other party in respect to all covenants of this agreement. The Subgrantee shall not assign, sublet, or transfer interest and obligations in this agreement without written consent of the Department through eGrants. ARTICLE 22. CIVIL RIGHTS COMPLIANCE A. Compliance with regulations: The Subgrantee shall comply with the regulations relative to nondiscrimination in federally-assisted programs of the United States Department of Transportation (USDOT): 49 CFR, Part 21; 23 CFR, Part 200; and 41 CFR, Parts 60-74, as they may be amended periodically (called the "Regulations"). The Subgrantee agrees to comply with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 and as supplemented by the U.S. Department of Labor regulations (41 CFR, Part 60). B. Nondiscrimination: (applies to subrecipients as well as States) The State highway safety agency will comply with all Federal statutes and implementing regulations relating to nondiscrimination ("Federal Nondiscrimination Authorities"). These include but are not limited to: Revised 7/18/2019 • 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 on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age); • The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage and applicability of 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 on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38; • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); and • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FR 74087-74100). The State highway safety agency- Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race, color, national origin, disability, sex, age, limited English Revised 7/18/2019 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; • 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 contract/agreement 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, Revised 7/18/2019 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. through E. in every subcontract, including procurements of materials and leases of equipment, unless exempt by the regulations or directives. The Subgrantee shall take any action with respect to any subcontract or procurement that the Department may direct as a means of enforcing those provisions, including sanctions for noncompliance. However, in the event a Subgrantee becomes involved in, or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Subgrantee may request the Department to enter into litigation to protect the interests of the state; and 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. Revised 7/18/2019 D. The Subgrantee shall follow all other parts of the Department's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally-Approved Disadvantaged Business Enterprise by Entity and attachments found at web address _ http://www.txdot.gov/business/partnerships/dbe.html E. The Subgrantee shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Subgrantee shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-discrimination in award and administration of USDOT-assisted contracts. The Department's DBE program, as required by 49 CFR Part 26 and as approved by USDOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Subgrantee of its failure to carry out its approved program, the Department may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 USC 1001 and the Program Fraud Civil Remedies Act of 1986 (31 USC 3801 et 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 USDOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate. ARTICLE 24. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION (applies to subrecipients as well as States) Instructions for Primary Tier Participant Certification (States) 1. By 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 1200. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. Revised 7/18/2019 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 180 and 1200. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that 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://www.sam.gov/). 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. Revised 7/18/2019 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. Certification Regarding Debarment, Suspension, and Other Responsibility 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 application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal. Instructions for Lower Tier Participant Certification 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. Revised 7/18/2019 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 any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective 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 180 and 1200. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise 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://www.sam.gov/). 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. Revised 7/18/2019 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower 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, 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 $10,000 and not more than $100,000 for each such failure. Revised 7/18/2019 ARTICLE 26. CHILD SUPPORT CERTIFICATION Under Section 231.006, Texas Family Code, the Subgrantee certifies that the individual or business entity named in this agreement is not ineligible to receive the specified grant, loan, or payment and acknowledges that this agreement may be terminated and payment may be withheld if this certification is inaccurate. If the above certification is shown to be false, the Subgrantee is liable to the state for attorney's fees and any other damages provided by law or the agreement. A child support obligor or business entity ineligible to receive payments because of a payment delinquency of more than thirty (30) days remains ineligible until: all arrearages have been paid; the obligor is in compliance with a written repayment agreement or court order as to any existing delinquency; or the court of continuing jurisdiction over the child support order has granted the obligor an exemption from Subsection (a) of Section 231.006, Texas Family Code, as part of a court-supervised effort to improve earnings and child support payments. ARTICLE 27. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT REQUIREMENTS A. Any recipient of funds under this agreement agrees to comply with the Federal Funding Accountability and Transparency Act and implementing regulations at 2 CFR Part 170, including Appendix A. This agreement is subject to the following award terms: http://edocket.access.gpo.gov/2010/pdf/2010-22705.pdf and http://edocket.access.gpo.gov/201 0/pdf/2010-22706.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://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://fedgov.dnb.com/webform; and 3. Report the total compensation and names of its top five (5) executives to the State if: i. More than 80% of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000; and ii. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. Revised 7/18/2019 ARTICLE 28. SINGLE AUDIT REPORT A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in 2 CFR Part 200. B. If threshold expenditures of$750,000 or more are met during the Subgrantee's fiscal year, the Subgrantee must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Audit Office, 125 East 11th Street, Austin, TX 78701 or contact TxDOT's Audit Office at sing leaudits(a_txdot.gov C. If expenditures are less than $750,000 during the Subgrantee's fiscal year, the Subgrantee must submit a statement to TxDOT's Audit Office as follows: "We did not meet the $750,000 expenditure threshold and therefore, are not required to have a single audit performed for FY " D. For each year the project remains open for federal funding expenditures, the Subgrantee will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the life of the agreement, unless otherwise amended or the project has been formally closed out and no charges have been incurred within the current fiscal year. ARTICLE 29. BUY AMERICA ACT (applies to subrecipients as well as States) The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such 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. Revised 7/18/2019 ARTICLE 31. NONGOVERNMENTAL ENTITY'S 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. [S13-1368, 83rd Texas Legislature, Regular Session, Effective 9/1/131 ARTICLE 32. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to subrecipients as well as States) The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. ARTICLE 33. INTERNAL ETHICS AND COMPLIANCE PROGRAM Subgrantee shall comply with Title 43 Texas Administrative Code §25.906(b). Subgrantee certifies it has adopted an internal ethics and compliance program that satisfies the requirements of Title 43 Texas Administrative Code §10.51 (relating to Internal Ethics and Compliance Program). Subgrantee shall enforce compliance with that program. Revised 7/18/2019 ACCEPTED AND AGREED: CITY OF FORT WORTH: By: 7 7 1 r-e_ Jesus J. hapa Assistant Cit�9-e Date: _ l 1 APPRO RECOMMENDED: By' Edwin a s Chief of Police Date: APPROVED AS TO FORM AND LEGALITY: By: �- Matthew A. M Assistant City Attorney Contract/Agreement Authorization: M&C: C-29008 (Ratify & Accept) M&C: 19-0190 (Appropriation),No. 23843-09-2019 (Ordinance) Date Approved: 01/29/2019 and 09/24/2019 f pF F®�T �.. ATTEST: 0 By: 2 Mar J. Kay r City Secretary TX 15 A. Contract Compliance Manager: By signing I acknowledge that I am the person responsible �r the monitoring and administration of this contract, including e ns g all performance and reporting requirements. Yaple OFFICIAL RECORD Grants Specia ist CITY SECRETARY FT. WORTH, TX 9/26/2019 M&C Review Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FolxT WORTH COUNCIL ACTION: Approved on 1/29/2019 REFERENCE**C 35TXDOT2020 COMMERCIAL MOTOR DATE: 1/29/2019 NO.: -29008 LOG NAME: VEHICLE GRANT CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Ratify Application for and, if Awarded, Authorize Acceptance of the Texas Department of Transportation Fiscal Year 2020 Commercial Motor Vehicle Grant in an Amount of $50,000.00 and Authorize Execution of Related Documents (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Ratify the application for and, if awarded, authorize the acceptance of the Texas Department of Transportation Commercial Motor Vehicle (CMV)Grant for the Fiscal Year 2020 in an amount of $50,000.00; and 2. Authorize the execution of related and necessary grant documents with the Texas Department of Transportation. DISCUSSION: The Texas Department of Transportation (TxDOT), Commercial Motor Vehicle (CMV) grants are aimed at reducing the number of commercial motor vehicle crashes, injuries, and fatalities. The CMV grant will pay for the overtime hours of the officers participating in the program. A local match of at least 20 percent is required. Commercial Motor Vehicle (CMV) grant activities include enforcement of speed, seatbelt, DUI and intersection traffic control laws. The total proposed direct program amount, including $12,512.51 in match funds, is $62,512.51. Funds will be budgeted for overtime and associated fringe benefits for an estimated 781 enforcement hours with an additional 48 hours for administering the grant. The grant will also fund overtime, along with associated fringe benefits, to work public information and education events. Acceptance of this grant would not occur until the next fiscal year, however the Department anticipates that the Justice Asset Forfeiture Fund will be used to satisfy the City's match requirement of$12,512.51. Funds in the amount of$6,021.90 will be requested from TxDOT to cover indirect costs. A separate M&C will be presented for the appropriation of funds once the FY2020 Budget has been approved later on in the year. 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 and adoption of the attached appropriation ordinances, funds will be available, as appropriated, apps.fortworthtexas.gov/council_packet/mc review.asp?ID=26612&councildate=1/29/2019 1/2 9/26/2019 M&C Review in the Fiscal Year 2020 Grants Operating Federal Fund. This is a reimbursement grant. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID I I ID I I Year Chartfield 2 Submitted for City Manager's Office by: Jesus Chapa (6192) Originating Department Head: Joel F. Fitzgerald (4212) Additional Information Contact: Keith Morris (4243) ATTACHMENTS apps.fortworthtexas.gov/council_packet/mc review.asp?ID=26612&councildate=1/29/2019 2/2 City of Fort Worth,Texas Mayor and Council Communication DATE: 09/24/19 M&C FILE NUMBER: M&C 19-0190 LOG NAME: 35POLICE GRANTS FY20 APPROPRIATION SUBJECT Adopt Ordinance Increasing Receipts and Appropriations in Identified Projects in the Grants Operating Federal Fund in a Total Amount of $2,562,461.00 For Fort Worth Police Department Grants for Fiscal Year 2020(ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council adopt the attached Ordinance increasing estimated receipts and appropriations in the identified projects within the Grants Operating Federal Fund in the specified amounts,with all such amounts subject to award of grant and receipt of funds; Project Amount 1.2019 Paul Coverdeil Forensic Science Improvement Grants $250,000 2.2019 DNA Capacity Enhancement for Backlog Reduction(CEBR)Program $316,909 3.U.S.Department of Justice,Office of Victims of Crime,Law Enforcement-Based Victim Specialist $209,126 4.Texas Department of Transportation STEP Comprehensive Grant $231,252 5.Texas Department of Transportation STEP Commercial Motor Vehicle $62,502 6.Texas Office of the Governor,Criminal Justice Division,General Victim Assistance Direct Services $348,745 7. U.S.Department of Transportation,Federal Motor Carrier Safety Administration,High Priority Grant $662,966 8. U.S.Department of Justice Edward Byrne Memorial Justice Assistance Grant $480,961 DISCUSSION; The purpose of this Mayor and Council Communication(M&C)is to appropriate grant funds that are anticipated to be received during fiscal year 2020. The application deadlines for these grants have already passed;however the award period will not begin until the new fiscal year begins. The chart below reflects the name of the grant,the anticipated amount of award,the status of City Council Authorization for each and match requirement. Title KAmountAuthorization Indirect Title Amount Match M&C/Resolution Budgeted 1.Coverdell J$250,000 Pending Not required N/A 2. DNA Capacity 1.$316,909 C-29142 Not required NIA 3.LE Victim Specialist $209,126 Pending Not required Yes 4.TxDOT STEP $231,252 C-29009 Yes,Asset Forfeiture Fund Yes 5.TxDOT CMV $62,502 LC-29008 Yes,Asset Forfeiture Fund Yes 6.VOCA $348,745 JIM&C 19-0132 Yes,Operating Budget-existing staff Yes 7.High Priority $662,966 C-29088 Yes,Operating Budget-existing staff N/A 8.JAG FY19 11$480,961 C-29151 Not Required N/A Historically,staff often waited until after a grant was awarded to request authority to apply and seek appropriation of the funds in question. At the recommendation of the Grants Accounting Division,staff plans to employ a more pro-active approach going forward and seeking appropriation of anticipated award at the same time authority to apply for the grant is being requested. This M&C serves as clean up for grants that are currently pending receipt of award. Because the City's Grant Funds are considered life of project appropriations that are encumbered until the individual projects are completed,these approrpriations will automatically roil forward to subsequent fiscal years without further action being required. ALL COUNCIL DISTRICTS A Form 1295 is not required because:This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations,receipt of the grant and adoption of the attached appropriation ordinance,funds will be available in the current operating budget,as appropriated,of the Grants Operating Federal Fund.The Police Department is responsible for the collection of funds due to the City.Prior to an expenditure being made,the Police Department has the responsibility to validate the availability of funds.These are reimbursement grants. emitted for City Manager's Office by: Jay Chapa 5804 Originating Business Unit Head: Ed Kraus 4231 Additional InformatiQo Contact: Keith Morris 4243