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20-1696
ORDINANCE NO.20-1696 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT THE COMPREHENSIVE SELECTIVE TRAFFIC ENFORCEMENT (STEP) GRANT (GRANT NO. 2021-DENTONPD-S-IYG-00032) FROM THE U.S. DEPARTMENT OF TRANSPORTATION PASSED THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION IN THE AMOUNT OF $87,986.65 WITH A CASH MATCH FROM THE CITY OF DENTON IN THE AMOUNT OF $48,757.50 – TOTAL NOT TO EXCEED $136,744.15; FOR THE PERIOD OF OCTOBER 1, 2020 THROUGH SEPTEMBER 30, 2021 ; AND PROVINDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas (“City”) finds it in the best interest of the citizens of the City of Denton that the Comprehensive “Selective Traffic Enforcement Program (STEP)” grant be operated for the period of October 1, 2020 through September 30, 2021; and WHEREAS, the City will provide a cash match in the amount of $48,757.50; and WHEREAS, the City agrees that in the event of loss or misuse of the Comprehensive “Selective Traffic Enforcement Program (STEP)” grant, the City assures that the funds will be returned to the Texas Department of Transportation in full; and WHEREAS, the City designates the City Manager as the City’s authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the City; and WHEREAS, the City authorizes the acceptance of the grant for the Comprehensive “Selective Traffic Enforcement Program (STEP)” grant; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings set forth in this Ordinance are hereby in all things approved. SECTION 2. The City Manager shall act as the City’s authorized official, with the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency. SECTION 3. To the extent any Ordinance previously adopted by the City Council is inconsistent with this Ordinance, it is hereby superseded. SECTION 4. If any one or more sections or clauses of the Ordinance is judged to be unconstitutional or invalid, such judgment shall not affect, impair, or invalidate the remaining provisions of this Ordinance, and the remaining provisions of the Ordinance shall be interpreted as is the offending section or clause ever existed. SECTION 5. This Ordinance shall become effective immediately upon its passage and approval. .uH-=--.IT FanThe motion to lprove this Ordinance was made by and seconded bychr\ Y\eE\\this Ordinance was passed and approved by the following vote L6_Bc; -01 Aye Nay Abstain Absent /Chris Watts, Mayor: Gerard Hudspeth, District 1 : Keely G. Briggs, District 2: Jesse Davis. District 3 : John Ryan, District 4: Deb Armintor, At Large Place 5 : Paul Meltzer, At Large Place 6: / / V/ J‘ ,,/ PASSED AND APPROVED this the b +b d,y ,f OC,boy>e(, 2020. / Z//, CHRIS WATTS, MAYOR (.,erard Hudspeth, Mayor Pro Tem ATTEST: ROSA RIOS, CITY SECRETARY . Jazz p,az- APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY Texas Traffic Safety eGrants Fiscal Year 2021 Organization Name: City of Denton Police Department Legal Name: City of Denton Payee Identification Number: 17560005146000 Project ntle: STEP Comprehensive ID: 2021-DentanPD-S-lyG-00032 Period: 10/01/2020 to 09/30/2021 City of Denton Police Department STEP Comprehensive 2021 GENERAL INFORMATION Prcject nth:sTEP Corrprehensive Project Description: Program Elements When performing enforcement adivtties urxier this grant, offIcers should make $n enforcernent ofttn STEP elennnts listed below their top priority, although any baffic-refuted probable cause can be used to initiate a vehicle stop 1_ OWI : Driving WIIb Ir#oHmted 2_ Speed: Speed Enforcement 3_ OP: Occrpant Protedion (Safety Belt and Child Safety Seat) 4_ FTC: Interseciion Traffic Control 5_ DD: Distracted Driving Holiday Periods Enforcement activities under this grant may be conducted on any day at any time of day the agency deems appropriate. Howwer, subgrantee should make it a priority to conduct enforcement aciiUbes during state and federally determined holiday periods, which are: 1_ Christmas/New Year's 2. Spring Break 3_ Memorial Day 4_ Independence Day 5_ Labor Day STEP Mobilization Calendar is available on eGrantsHelp page X Agency agrees to enforce the above Program Elements and Holiday Periods as part of the Selective Traffic Enforcement Program 2021-DentonPD-S-IYG-00032 Printed On: 9/9/2020 Page 1 of 40 City of Denton Police Department STEP Comprehensive 2021 GRANT AGREEMENT GENERAL TERMS AND CONDITIONS (Revised:07/la/2019) De8nkbns: For purposes of these Terms and Conditions, the '’£)epadrnentT is also known as the -State- and the "praspet,8ve primary participant:’ and the '’Subgrantee" is also known as the -SubrecipienF and -prospective lower tier participant" ARTICLE 1. CQMPLIANCE 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 raluired, the Subgrantee shall fumish the Department with satisfactory proof of compliance_ ARTICLE Z STANDARD ASSURANCES The Subgrantee assures and certtfies that it wiI comply with the regulations, policies, guidelines, and requirements, including 2 CFR, Part 200; and the DepaRmenh 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 granE 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 identi ged 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 win comply with Title VI of the Civil Rights Act of 19M (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_ tt will camply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970, as amended; 42 USC (United States Code) 554601 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 actiaty (Hatch Act) (applies to subrecipients as weB as States)_ TIle State wiN comply with provisions of the Hatch Act (5 U,S,C_ 1501-1 508) which limits the poEtical activities of employees whose principal employment activities are funded in whole or in part with Federal funds E_ it wiN comply with the federat Fair Labor Standards Actis 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, particuiady those with whom they have family, business, or other des_ 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_ 2021-DentonPD-S-IYG-00032 Printed On: 9/9/2020 Page 2 of 40 City of Denton Police Department STEP Comprehensive 2021 H_ tt will compty 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 imF>sing environmental and resource conservation requirements may apply to this Grant /breement Same, 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 554321 et seq_; the Clean Air Act, as amended, 42 USC 597401 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 556901 et seq_; and the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42 USC §§9601 et seq_ ltte Suk>grantee 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 govemmer# may now or in the future promulgate_ J_ it will comply with the flood insurance purchase requirwnents af Section 402(a) af 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 good hazards_ The phrase 'Tederal 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_ tt wiN assist the Department in its compliance with Section len of the National Historic Presewatian Act of 1966 as amended (16 USC 470 et seq_}, Executive Order 1 1593, and the Antiquities Code of Texas (National Resources Code, Chapter 194 )_ L_ it wiI 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 ernptoyment of any person related within the second degree of affinity or third degree by consanguin ity 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_CB2 of the Texas Government Code. M_ it will ensure that all information collected, assembled, or maintained by the applicant relative to this project shaH 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 wil comply with Chapter 551 of the Texas Government Code, which requires aN regular, special, or called meetings of govemmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution_ ARTICLE 3. COMPENSATION A Pre method of payment for this agreement wilt 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, perIInit cost, or other method of payment, reimbursement wHI be based on the specified method_ 2021-DentonPD-S-IYG-00032 Printed On: 9/9/2020 Page 3 of 40 City of Denton Police Department STEP Comprehensive 2021 B_ All payments will be made in accordance with the Project Budget_ 1. 7tle Subgrantee' s expenditures may overrun a budget category ( I, it, or Hl) in the approved Project Budget without a grant (budget) arnendrnent, as long as the overrun does not exceed a total of five (5) percent of the maHmum amount eligible for reimbursement (TxDOT) in the attached Project Budget for the current fiscal year_ Ttis overrun must be off-set by an equivalent undenun elsewhere in the Project Budget 2_ if the overrun is five (5) percent or less, the Subgrantee must provide written noti6cation to the Department, through the TxDC)T 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 maHmum amount eligible for reimbursement shall not in increased above the Grand Total TxDOT /Vnount 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 undenun funds from the TxDOT amount af (10{}) Salaries, Subcateganes A 'Enforcement,” or B, "PI&E ActIvities," to exceed the Tx£)OT amount listed in Subcategory C, "Other_” Also, Subgrantees are not allowed to use undenun funds from the TxDOT amount of (lao) 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, "C)thu,- can onty be exceeded within the five {5) percent fleHbiiity, with underrun funds from Budget Categories A or Ill_ C_ To be eligible for reimbursement under this agreement, a cost must tn 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 TxDC)T funds cannot supplant (replace) funds from any other sources_ 7tIe 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 2tlCI F_ PIe 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_ TIle Request for Reimbursement and appropriate supporting documentation must be submitted through eGrants_ G. The $ubgrantee agrees to submit the final Request for Reimbursement under this agreement within fartyltve (45) days of the end of the grant period H_ Payments are contingent upon the availability of appropriated funds L Project agreements supported with federal or TxDC)T 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 bevond tIle initial aareernent oeriod_ 2021-DentonPD-S-IYG-00032 Printed On: 9/9/2020 Page 4 of 40 City of Denton Police Department STEP Comprehensive 2021 Prderence for funding will be given to projects based on (t ) 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 prajecl the Department shall notify the Subgrantee, giving notice of intent to terminate this agreemenl as specified in Article 1 1 of this agrewrtent_ if at the end of a federal fiscal year, the Department determines that there is sufficient funding and performance to continue the project, the Department may notify the Subgrantee to continue this agreement. ARTICLE 5. AMENDMENTS Ibis agreement may be amended prior to its expiration by mutual written consent of both parties, utilizing the Grant /yreement Amendment in eGrants_ Any arnendment must be executed by the parties within the Grant Period, as specified in this Grant Agreement_ ARTICLE 6. ADDITIONAL WORK AND CHANGES IN WORK Atf 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 eC;rants_ if the Department finds that such work does constitute additional work, the Department shall advise the Subguntee 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_ tf performance of the additional work wiN 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 SuE>grantee shall make those revisions as requested and directed by the Department_ Tbis will be considered as additional work and wiN be paid for as specified in this /VUcle_ C_ if the Subgrantee submits work that does not comply with the terms of this agreement, the Department shall instruct the Suk>grantee to make any revisians that are necessary to bring the work into compliance with this agreement_ No additional compensation shall be paid for this work_ D_ The Subgrantee shaH 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_ TIle 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 amendrnent_ ARTICLE 7. REPORTING AND MONITORING A Not later than thirty (30) days after the end of each reporting period, the SuE>grantee shall submit a perfannance report through eGrants_ Reporting periods vary by project duration and are defined as follows: 202 1-DentonPD-S-IYG-00032 Printed On: 9/9/2020 Page 5 of 40 City of Denton Police Department STEP Comprehensive 2021 I. For short term projects, the reporting period is the duration of the project. Subgrantee shan submit a performance report within 30 days of project completion_ 2_ For longer projects, the reporting period is monthly_ SubgrarRee shaH submit a petformance report within 30 days of the completion of each project month and within 30 days of project compleUon_ 3. For Selective Traffic Enforcement Program (STEP) Wave projects, the reporting period is each biKing cycle_ Subgrantee shall submit a performance report within 30 days of the completion of each billing cycle, B_ The performance report wII 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 appropHate, an analysis and explanation of cost undemns, overruns, or high un Ft costs_ C. The Subgrantee shall promptly advise the Department in writing, through e(;rants, of events that will have a significant impact upon this agreement, including: l_ Problems, delays, or adverse conditions, including a change of project director or other changes in Subgrantee personnel, that will rnateHatly affect the ability to attain objectives and performance measures, prevent the meeting of time schedules and objectives, or preclude the attainment of project objecttve5 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 rneasure output than oHginally projected D_ The Subgrantee shall submit the final Performance Report through eGrant5 within thirty (30) days after completion of the grant_ ARTICLE 8. RECORDS Ttle Suk>grantee agrees to maintain aN relwRs, documents, papers, accounting records, books, and other evidence pertaining to costs incurred and work perfonned under this agreement (called the "Records"), and shaH make the Records available at its office for the time period authorized within the Grant Period, as specIfied in this Grant Agreement_ Ttle Subgrantee further agrees to retain the Records for four (4) years from the date of final payment under this agreemenl until completion of aN 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, shaH indemnify, hold, and save harmless the Department and its officers and employees from aN 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 aH expenses, including but not limited to attorney fees, an court costs and awards for damages incurred by the Department in IItigation or otherwise resisting claims or liabilities as a result of any activities of the SuE>grantee, its agents, or employees_ 2021-DentonPD-S-IYG-00032 Printed On: 9/9/2020 Page 6 of 40 City of Denton Police Department STEP Comprehensive 2021 B_ To the extent permitted by law, the Subgrantee, if other than a gawmment entity, agrees to protect, indernn}fy, 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 SubgrarKee_ C_ if the Subgrantee is a govemrnent 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, representattves, 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 shaH govern_ The Subgrantee shall be responsible for the settlement of aB contractual and administratIve issues arising out of procurement made by the SuE>grantee in support of work under this agreement_ Disputes concerning performance or payment shall be submitted to the Department for settlement, wtth the Executive Director or his or her designee acting as final referee_ ARTICLE 11. TERMINATION A Ibis agreement shall remain in effect until the Subgrantee has satisfactorily completed aN services and obligations described in this agreement and these have been accepted by the Department, unless: 1_ This agrwment is terminated in writing with the mutual consent of both parties; or 2_ There is a written thirty (30) day notice by either partE or 3_ The Department determines that the performance of the prnject is not in the best interest of the Department and informs the Subgrantee that the project is terminated immediately, B_ Pre Department shall compensate the Subgrantee far only those eligible expenses incurred during the Grant Period specified in this Grant Agreement that are directJy 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 DeFwtment TIle Suk>grantee shaH not incur nor be reimbursed for any new obligations after the effective date of termination. ARTICLE 12. INSPECTION OF WORK A Dre 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 SuI>grantee or its subcontractor, the Subgrantee shan provide and require its subcontractor to provide all reasonable faciIIties and assistance for the safety and convenience of the inspectors in the performance of their duties_ All inspections and evaluations shaH be performed in a manner that wiN not unduly delay the work 2021-DentonPD-S-IYG-00032 Printed On: 9/9/2020 Page 7 of 40 City of Denton Police Department STEP Comprehensive 2021 ARTICLE 13. AUDIT nIe state auditor may conduct an audit or investigation of any entRy receMng 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 44. SUBCONTRACTS A subcontract in excess of $25,000 may not be executed by the Subgrantee without prior WTttten concurrence by the Department, Subcontracts in excess of $25,tX)o shall contain aN applicable terms and conditions of this agreement_ No subcontract will relieve the Suk>grantee 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 wtth the Department under this agreement_ The only exceptions allowed are ordinary business lunches and items that have received the advanced wrttten 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 ta adhere to this policy may result in termination of this agreement_ ARTICLE 16. NQNCOLLUSION TIle SuE>grantee 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 warranty1 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 TIle Suk>grantee 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 Ttle Subgrantee certtfies 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. 2021-DentonPD-S-IYG-00032 Printed On: 9/9/2020 Page 8 of 40 City of Denton Police Department STEP Comprehensive 2021 B_ Al employees of the Subgrantee shall have the knowledge and experience that wHI 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, shaH immediately be removed from association with the project_ C_ Unless otherwise specified, the Subgrantee shan furnish aN equipment, materials, supplies, and other resources ra}uired 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 managernent procedures, provided that the procedures are not in conflict with (1) the I)epartmentb procurement and property management standards and (2} the federal procurement and property management standards provided by 2 CFR SS 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 Depaament, became the property of the Department_ Al sketches, photographs, calculations, and other data prepared under this agreement shalt 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_ Al rights to Department_ The Department shall own all of the rights (InclUding copyrights copyright applications, copyright renewals, and copyright extensions), tide and interests in and to all data, and other infomation developed under this contract and versions thereof unless otherwise agreed to in writing that there wiN be joint ownership, C_ All rights to SubgrarRee_ 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 Tbc 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, sub let, or transfer interest and obligations in this agreement without wrttten consent of the Department through eGrants, ARTICLE 22, CIVIL RIGHTS COMPLIANCE A Compliance with regulations: The Subgrantee shall comply with the regulations relative to nopcji?clirnirlatPILin federally-assisted programs of the UnIted States Department of Transportation 2021-DentonPD-S-IYG-00032 Printed On: 9/9/2020 Page 9 of 40 City of Denton Police Department STEP Comprehensive 2021 (USDOT): 49 CFR, Part 21; 23 CFR, Part 2CX); and 41 CFR, Parts 6£F74, as they may be amended periodically (called the "Regulations"} The Subgrantee agrees to comply wtth Executive Order 11246, entitled 'Equa: Employment Opportunity,- as amended by Executive Order 1 1375 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"} Tbese include but are not limited to: nIle VI of the Civil Rights Act of 1964 (42 U_S_C_ 2CXXki 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 Aequisition Policies Act of 1970 , (42 U_S_C_ 4601 ), (prohibIts unfair treatment Qf persons displaced or whose property has been acquired because of Federal or FederaFaid programs and projects); Federal-Aid Highway Act of 1973 , (23 U_S_C_ 324 et seq_), and ntle IX of the Edu6ation Amendments of 1972, as amended (20 U.S.C_ 1681-1683 and 168$1686) (prohibit e discrimination on the basis of sex); Set:tion 504 of the Rehabilitation Act of1973 , (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 • e discrimination on the basis of age); The Civil Rights Restoration Act of 1987 , (Pub_ L IC>CF209), (broadens scope, coverage and applicability of TItle VI of the Civil Rights Act af 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 acHvtties'’ to include aH of the programs or activities of the Federal aid recipients, subrecipien ts and contractors, whether such programs or activities are Federally-funded or not); ntles II and III of the Americans with Disabilities Act (42 U_S_C_ 12131-42189) (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 activtties wIth disproportionately high and adverse human health or environmental effects on minority and low-income populations); and Exeeutive Order 13166, Improving Acuss ta Services for Persons with Limited English Proficiency (guards against btle Vl 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 74087-741 aQ). • 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 subrecipient5, contractors, subcontractors, and consultants receIving Federal financial assistance under this program will comply wtth all requirements of the Non4)iscrimination Authorities identified in this Assurance: • 2021-DentonPD-S-IYG-00032 Printed On: 9/9/2020 Page 10 of 40 City of Denton Police Department STEP Comprehensive 2021 •&rees to comply (and require its subrecipients, contractors, subcontractors, and consuharKs to comply) wIth all applicable provisions of law or regulation governing US DOTs or NHTSA's access to records, accounts, documents, information, faciltties, 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{)iscrimination Authorities and this Assurance; Agrees to insert in all contracts and funding agreements with other State or private entities the following clause: • e -During the performance of this contract/funding agreement, the contractor/funding recipient agrees- a. To comply with aN Federal nondiscrimination laws and regulations, as may be amended from time to bme; b_ Not to participate directly or indirect+y 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 NHTS/\ 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 suE>agreement, that receives Federal funds under this program. C_ $olicttations for subcontracts, including procurement of materials and equipment: in all solicttations either by competitive bidding or negotiation made by the SuE>grantee for work to be performed under a subcontract, including procuremerts 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 Subgmntee 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 Suk>grantee 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 Subarantee shall include the provisions of paragraphs A throuah 2021-DentonPD-S-IYG-00032 Printed On: 9/9/2020 Page 1 1 of 40 City of Denton Police Department STEP Comprehensive 2021 E_ in evary subcon{racl including procurernents of materials and leases of equipment, unless exempt by the regulations or directives_ The Subgrantee shan take any action with respect to any subcontract or procuremert that the Department may direct as a means of enforcing those provisions, including sanctions for noncompHance_ 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 Subgmntee may request the Department to enter into litigation to protect the interests of the state; and in addition, the SuE>grantee 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 Tbe parties shall comply with the DBE Program requirements established in 49 CFR Part 26_ B_ The Subgrantee shaH adopl in its totality, the Department's federally approved DBE program C_ The Subgrantee shaH 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 shaH 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 Federally4\pproved Disadvantaged Business Enterprise by Entity and attachments found at web address http://www_txdot_gov/business/partnerships.'rdbe_html E_ The Subgrantee shal} 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 Subgraraee shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure noruiiscHminatian 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 48 USC I tRy 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 subcontractor) must include the following assurance: The contractor, sub-recipient, or suE>contractor shaH 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. CERTIFICAIION REGARDING DEBARMENT AND SUSPENSION (applies to subrecipients as well as States) Instruc8ons for Primary ber Participant Certification (States) 1_ By signing and subrnttHng this proposal, the prospective pHmary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200 2021-DentonPD-S-IYG-00032 Printed On: 9/9/2020 Page 12 of 40 City of Denton Police Department STEP Comprehensive 2021 2. Tbc inability of a person to provide the certificabon required below wiN 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 wiN 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 reprewntabon of fact upon which reliance was placed when the department or agency determined to enter into this transaction, if it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Govemment, the department or agency may terminate this transaction for cause or default or 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, cMI judgment, debarment, suspension, ineligible, participant, person, principal, and voluntanV 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_ tIe 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_ Ttle prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibiltty 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 wluntaHly 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. 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. ineljgjble. or 202 1-DentonPD-S-IYG-00032 Printed On: 9/9/2020 Page 13 of 40 City of Denton Police Department STEP Comprehensive 2021 ;oldntariV excluded from participation in this t/ans;ction, ir; addition to 6ther remedies available to the Federal Govemment, the department or agency may terminate this transaction for cause or default_ Cerbhcabon Reqardklg Debarmenl Suspensbn, and Other Responsibility Matters-Primary ber Covered Transactions (1 ) The prospective primary der participant ceRtfies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debaned, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (b) Have not wtthin a thebyear 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 obtaining1 aKempbng 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 embezzlement1 theft1 forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or ctvilly charged by a governmental entity (Federalj State or Local) with commission of any of the offenses enumerated in paragraph (1 )(b} of this certification; and (d) Have not within a thebyear period preceding this application/proposal had one or more public Vansactians (Federal, State, or !ocd) terminated for cause or ddautt_ (2) Where the prospective primary participant is unable to certify to any of the Statements in this certtfication7 such prospectIve participant shall attach an explanation to this proposal Instructions for Lower Tier Participant Certification I. 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 he Federai government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment_ 3_ The prospective lower tier participant shaH provide immediate written notice to the person to which his proposal is submitted if at any time the prospective lower her 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, person1 principal1 and voluntarity 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 2021-DentonPD-S-IYG-00032 Printed On: 9/9/2020 Page 14 of 40 City of Denton Police Department STEP Comprehensive 2021 transaction with a person who is proposed for debarlllent under 48 CFR Part 9, suI>part 9.4, debaned, suspended, declared ineligible, or voluntarity excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated, 6_ The prospective lower tier parUcipant further agrees by submitting this proposal that it will include the clause titled 'Instructions far Lower Tier Participant C;atiftcation" including the ’'(;eRification Regarding Debarment, Suspension, Ineligibiltty and Voluntary Exclusion - Lower Tier Covered Transaction," wIthout modification. in all lower tier covered transactions and in all solicttations for lower her covered transactions and will require lower tier participants to comply with 2 CFR partslga 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 debarmerlt 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 ineligitHe to participate in covered transacbons_ To verify the eligibility af 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 shaH 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 bUsiRess 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 debarmerR under 48 CFR Part 9, suI>part 9_4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies avai}able to the Federal government, the depaament or agency with which this transaction originated rnay pursue available remedies, including suspension or debarmerR_ (;ertifioatkm FieganJing Debannenl SusFnnsbn, IneligibMy and Voluntary Exdusion - Lower ber Covered Transactions: l_ 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 voluntahly excluded from participation in this aanmchon 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 praposat ARTICLE 25. CERTIFICATION REGARDING FEDERAL LOBBYING (applies to subrecipients as well as States) Certification for Contracts, Grants, Loans, and Cooperative /yreements TIle undersigned certtfies, 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 coawattve agreement, and the extension, continuation, 2021-DentonPD-S-IYG-00032 Printed On: 9/9/2020 Page 15 of 40 City of Denton Police Department STEP Comprehensive 2021 renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement 2. If any funds other than Federal appmpHated 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 ForrnLLL, "Disclosure Form to Report Lobbying," in accordance with its instructions_ 3_ The undersigned shaH require that the language of this certification be included in the award documents for all suk>awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that an subrecipients shall certify and disclose accordingly_ Ttlis certification is a material represerRation 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. ARTICLE 26. CHILD SUPPORT CERTIFICATION Under Section 231_m, Texas Family Code, the SuE>grantee certtfies 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: an 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 _m, Toms 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 AccountabiIIty 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/201CMdf/2010-22706.pdf _ B_ The Sub>grantee 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,aoa in Federal funding_ The SAM number may be obtained by visiting the SAM website 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_corn/webform;J 2021-DentonPD-S-IYG-00032 Printed On: 9/9/2020 Page 16 of 40 City of Denton Police Department STEP Comprehensive 2021 dr IU 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 govemment, and those revenues are greater than $25,m,cm; and ii. Tbc compensation information is not already available through reporting to the U.S. Securities and Exchange Commission_ ARTICLE 28. SINGLE AUDIT REPORT A Dre parties shaH 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, Ff 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 TxDC)T's Audit Office, 425 East 1 lth Streel Austin, TX 78704 or contact TxDOT's Audit Office at singleaudits@txdot.gov C_ tf expenditures are less than $750,M during the Subgrantee's fiscal year, the Subgrantee must submit a statement to TxDOTs Audit Office as follows: 'We did not meet the $750,CHD 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 2g. BUY AMERICA ACT (applies to subrecipients as well as States) TIle 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 suk>recipient, 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 pubtic 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_1 “grassroots') lobbying actMbes, 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 wtth 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 Wis artick applies only to non-profit entities_) 2021-DentonPD-S-IYG-00032 Printed On: 9/9/2020 Page 17 of 40 City of Denton Police Department STEP Comprehensive 2021 ltle Suk>grantee is requirai to make any information created or exchanged with the Department pursuant to this Grant /yreemerR and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessibte by the public at no additional charge to the Department_ [SB-1368, 83Ki Texas Legislature, Regular Session, Effective 9/1/ 13] ARTICLE 32. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to subrecipients as well as States) Pre 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 Bt Ie 43 Texas /Wministrabve Code 525.9tH(b)_ Subgmntee certtfies tt has adopted an internal ethics and compliance program that satisfies the requirements of Title 43 Texas Administrative Code 510_51 (relating to Internal Ethics and Compliance Program)_ Subgrantee shaH enforce compliance with that program_ 2021-DentonPD-S-IYG-00032 Printed On: 9/9/2020 Page 18 of 40 City of Denton Police Department STEP Comprehensive 2021 Data Universal NanbeHag System: The Data Udvusal Numbaiq Systm (DUNS) b amque Me- dW amber recogrized as the Mmsal staachdforideaWng and tracking bushes5es worklwide_ The Federal Spending Trarrsp@alcy Dku£ve and the pre\ious Federal Funding AcconntaMy md Tranqpwmcy Acl WATA) reqrkes grarRees and sutbgraraees to have a DUNS arvnba. Most agmas arxl organizadans have DUNS manbus establshn! please check with you account@ staR_ To obtain a DUNS anmhu, aplikaas dlollkl go to Itle Dun and Brads&ect website at bttpYIfet&w_&lb.cm/webfum Data Udvusal Numberhlg S)ranI (D-U-N-S) 071380190 2 C_FR Pan 200 Ccxl4>klux Bata the Begin Date and Era Date of you Agerrcy's Fisca] Yen 2021 Begin Date : 10/1/2020 End Date : 9/30/2021 You entity is regtRed to caIM will federal (OMB A- 133) arId/or state (State of Twas SkBle Andit Ckculz) recp&waRs. If threshold expetrdMes af 8750,CICX> or more me InCE during you agency's 6sca! yen please sutxnit a ShWe Audit Report and MarragwaR Lean Gfvpiicnble) to TxDOTs Audit once, 125 East Eleventh Street Ausd& TX 78701 M HEaRd TxD(Ws Audit C)Bce at sillgleaudits@tx&£gov If expenditures me hss than §750,CHia dIll&B you agency's6scal yen, phase mtxnh a statmeat to TxDOTs Audit c>ace as foIIolys: 'We did not meet the 3750,000 apetx§twe thresbokl and tbuefore we ne not required to have a Mgle arxlit perfumed for FY _- X I agree STEP Opaatiw PcB£ies atxl Procedures All STEP agmdes mIst eittru have egah£shed wrinm STEP opuali% policies arxIFBoc£rhves, or will develop written fnEcies and procedrve5 More STEP grants cm be orecutetl Please cBdk here for STEP Policies and ProcedrItes requirmurts. If you agency has a14Rwed STEP Operating Policies and Proceclwes, please upload hue : hap5://www.dot_state_tx_us/©ps/egrallts/ Upload/'939345 337697-STEPpo$cy.pdf Ifyax agency does not have q4xoted STEP Opaaling Policies and ProcedrBes, phase certify the folk>wi% icertiB that ou agency wiI &vd@ STEP Operating Policies and Procedues before mecuting the gratE 2021-DentonPD-S-IYG-00032 Printed On: 9/9/2020 Page 19 of 40 City of Denton Police Department STEP Comprehensive 2021 PROPOsniG AGENCY AVImNIICATION X The folk>wing person has arItharized tIre subaittal of this FHm%1 Nme THe Address cb State a)Code Phone Nrmba FaxNurnber Dana address FlaIR FL Dixon :Clrid af Police 601 B, Hirkmy #E Denton :Tuas :76205 940-349-8288 940-349-7966 tank,dixon@cityaf&aoacm 2021-DentonPD-S-IYG-00032 Printed On: 9/9/2020 Page 20 of 40 City of Denton Police Department STEP Comprehensive 2021 COUNTY SERVED Daaon County - Dallas District 2021-DentonPD-S-IYG-00032 Printed On: 9/9/2020 Page 21 of 40 City of Denton Police Department STEP Comprehensive 2021 POLITICAL DISTRICT SERVED U.S. Congress+ Congressional 1)isbEt 26 Texas Senate+ Turns Senate District 12 Taas Snute District 30 Tuas House# Twas Hmse af Repnseaalites Disbic=1 G+ 2021-DentonPD-S-IYG-00032 Printed On: 9/9/2020 Page 22 of 40 City of Denton Police Department STEP Comprehensive 2021 GOALS AND STRATEGIES p__,. To increase effective enforcenwnt and adjudication of traffic safety-related laws -’v'-" to reduce crashes, fatalities, and irjuries_ Strategies: increase and sustain high asibility erforcemer# of traffic safety-related laws_ Increase public education and infonnation campaigns regarding enforcement activities. Goal: Strategy: To reduce the number oF alcohol irTpaired and driving under the influence of alcohol and other drug+elated crashes, injuRes, and fatalities_ Increase and sustain high HsibiWy enforcement of DWI laws_ Goal: Strategy: To increase occupant restraint use in all passenger vehicles and bucks, Increase and sustain high Usibility enforcement of occupant protection laws_ Goal: Strategy: To reduce the number of speed-related crashes, injuries, and fataIIties_ Increase and sustain high asibility enforcement of speed-related laws. Goal : To reduce intersectionrehted motor vehicle crashes, injuries, and fatalities. Ska@y: IETiT sudaIR ug vlsl lly eR orcemer! o n ersec Ion la c onE fO Goal: To reduce Distracted DIMly motor vehicle crashes, injuries, and fatalities_ Ska@ies: E;T£rs;r?dnhTrUigligbilW eMorcement o state ant ioca OI iRaNres on IRcrease public iRfonrntion and education on Distracted Driving related traffic issues F I agree to the above goals and strategies. 2021-DentonPD-S-IYG-00032 Printed On: 9/9/2020 Page 23 of 40 City of Denton Police Department STEP Comprehensive 2021 BASEIINE INFORMATION Baseline De6aitioa: A axri>el selvbIg as aforrndatian forsubgrmtees to mwsue lxe-grara tIal& errfwcmeta a£tivky_ Basebe iafuwvdion must be povicled by the subgraatee h order to i&trtib k>cal &aBc etrfucmwt related a£li\&y. This hfawalim shotid orcIIIde any activity ganrated will STEP grant &IIars. Once the base&w is estab&dIed these 6gwes will be used to co£r4>are subsequent yen's bcaI and gralU hanG eafmcmmt acrivily_ Note: Baseline chtansednnrst be no ol&r than 2017, Baseline Yen (12 mIILs) From 10/1£20 ig To 9/30/2019 Baseline lb£easare DrivirH Under braun,ce (DUI) Speed Sddy Bdt C:1,ikiS,fay S,d irrtusecticxr TraBc Ccxrhol (EC) Diskacted iIINDE Chadons Ottru Elmmts Arrests/Citations 604 6524 539 83 Written Warniags a 576 10 KA Crashes 12 9 10 1037 237 6840 271 17 3235 29 a 12 if you have arklitkwal aaaclmeM, lxovide tIrmI on the -Attacbwmts- page. 2021-DentonPD-S-IYG-00032 Printed On: 9/9/2020 Page 24 of 40 City of Denton Police Department STEP Comprehensive 2021 LAW ENFORCEMENT OBJECTIVE/PERFORMANCE AaAS[JRF Objective/Performance Measure Target Number Not Applicable Reduce the nalinI cf Driving Under brHnence (DUI) aasbes to 10 Reduce the nnrnber of Speed+cUed aashes to 7 8Reduce tIn mrmber of Safety Belt-raIned uashes to Reduce the Iba cf CM Safety Seat-related aashes to X X Reduce the mrmber cf fTC-related crashes to 27 Reduce the amber c#Distracted Driving-related uashes to Nurnber c#Errforceareat Hays 1630 Note: Nothing h this agreement shall be interpreted as a requirement, formal or informal, that a peace of6cer issue a speci6ed or predetermined number of citations h pursuance of the Sabgraateels obligations hereunder, Department and Subgraatee acknowledge that Tuas Transportation Code Section 720.002 proIra>its usbg traf6cnaease quotas and agree that nothing h this Agreement is establishing an illegal quota. In addition to the STEP enforcement activIties, the snbgrantee must mahtaia baseline non- STEP funded citation and arrest activity due to the prohibition of sapplanting. 2021-DentonPD-S-IYG-00032 Printed On: 9/9/2020 Page 25 of 40 City of Denton Police Department STEP Comprehensive 2021 PI&E O&IECTIVE/PERFORMANCE MEASURE Objectives/Performance Measure Target Number Support Grant efforts with a public information and education (PI&E) pre>grarn a_ Conduct presentations b_ Conduct media exposures (e_g, news conferer£es, news releases, and interviews) c, Conduct community events (e_g_ heaRn fairs, booths) 5 5 2 2021-DentonPD-S-IYG-00032 Printed On: 9/9/2020 Page 26 of 40 City of Denton Police Department STEP Comprehensive 2021 OPERATIONAL PLAN Zone Name : Zone I raised M 2020 Zoae Location : 35E mdDowraown Bu disaict, txxduod by 358 on tIn south, McKinney St / SCIblue St on the north, Ave Can the west, DCTA rail line on the east / northeast stops at south city Init on 35E_ Zone Hoars : Zone Heat Map: (attach) laqH//www.&Rstale.tx,us/apps/egralas/ Upklad/9437CH 337651- ZonelrevisedApa12CE2CJ_pdF 2021-DentonPD-S-IYG-00032 Printed On: 9/9/2020 Page 27 of 40 City of Denton Police Department STEP Comprehensive 2021 OPERATIONAL PLAN Zane Name : Zcne 2 revised Apd 2020 Zx>ae Location : 1-35W arId 1-35 N - from south city butts afl-35W ta 1-35 Nail and FM 156_ Zone Hears : Zx>ae Heat Map : hnpsIAvww_&£stde,tx.us/©ps/egraas/_Upload/968935_337651- (attach) Zme2rwisedApat20202adpdf 2021-DentonPD-S-IYG-00032 Printed On: 9/9/2020 Page 28 of 40 City of Denton Police Department STEP Comprehensive 2021 OPERATIONAL PLAN Zone Name : Zcxre 3 revised Apd 2020 Zone Location : US 380 - from east c&y Wt to west city Ella of US 380_ Zoae Hours : ame Heat Map : IaBn#www_ck£state_tx.us@)s/egraras/_UFR>al1/968936 337651- (attach) Zone3rwisedApn120202ndpdf 2021-DentonPD-S-IYG-00032 Printed On: 9/9/2020 Page 29 of 40 City of Denton Police Department STEP Comprehensive 2021 SALAR]ES ANDFREVGE BENEFITS Law Enforce8nrrt Hours: 1630 X avertkre Regular Tnn Match TxDCIT Hatch Wage Tx£DT SaMi@ Total ToblHours Hours Rate S8briw S3hries Fringe % Frtr ge A. Enforcenent afBcHs©epuths: Sergeants: Lbuten8nt3K}ther B. Pi8£ Acttvhw PUt AdivHw: C. Adalois+attve Dutie3 W.981.67 SS,&D4.98 w,981.61 1 27.w% w.7aa4 $5.w4.98 1 27.3©% 51 .370.46 % SO w 1%SO SO 30 SO SO SO SO % % % % % % SO SO SO SO SO SO Total 587,986.65 sa 587,986'65 W4,G92,50 Category SabrM: Frhge BenefRs: Breakdown ofFrtlge Percentages: FK:A/&IED€AR£ - 7,65% = 5474.54 THRS (Salary (36,203.18) . 17.46% = $1 083.08 TxDQT % 100.00% 0.00% Hatch % ! Total D.GO% W,986.65 100.00% e4,092.50124,092. SO Det8Hg of regular tbne, if hclucled h any of the 8tnvehours :W/Camp (Swtt Payn&RBk} - ZZ7% = 5140.81 Life kr3urance _I}am% = 53.35 LTD - .0013% = SB.06 202 1-DentonPD-S-IYG-00032 Printed On: 9/9/2020 Page 30 of 40 City of Denton Police Department STEP Comprehensive 2021 STEP ENFORCEXJE IVF hnEEAGE lastrnctions: Unit # : PravkIe you agency's imeI#my mrtrrbu or other idmWng number for each velicle_ To assist b calada6ng you agency's a\'uage arfarcern£ra mileage rate, we me requesting itrfaInalkn from a sarrphrg of6ve (5) patrci ve!ides_ The cala&#or will wuage the costs &on al vehicles to alive at the wuage q)era$cmaI cost per vehicle uae, if yom agency does Int luve a1 Last be patrol vetides that ue med for enforcm@ include the recFrested iIfarrntkyn for the vehicles that you !nye. Original Vehicle Cost : Provide each vehicle's total cost (The total cost could MKie vehick base cost eqIirxneIILqccessubs and lxelwaliaa costs)_ Life Expectancy (la Years) : Provide the mba af yms that yar agency expects the vdide(s) wa be used foreaforcm,eIa ace\+ties. May agucies bye policies stating \uNcles will be usedfor a spaM time perk>d (yems) and some agMes detaMe mileage as the basis for vehicle retlmlm &om errforcma£ IfIInleage is used detaMe the wuage aunt>a of }'ms it takes for agwcy'svelicles to reach tbel nnleage Enlil Maintenance Costs : Pray:ide historical rnaintenarne costs for the latest 12 month period amiable for each vehicle_ MaiaMmce costs cm also include arrnual liabIlity ilswmce costs. Fuel Costs : Provide bistcxical fUel costs for the latest 12 month period available for each VdIkIle_ Yearly Miles: Proside the yearly arforcmaa aBIes for each vehicle. Use each vehicle's mileage logs or atIra available irrfarIrn&xl to docurnerR tIre ab'uage mmberofarforcmmt ariles ddsrm arwually or sirr4Jy divide the mileage by the mt>u ofyeus the velale has ben h use for errforcwaR activiHes. U.I.M :fdtl# Cost life EIpectanry (in Years) Maintenance Costs Feel Costs Yeartv Miles OF Cost/Mile $1_69Vddcle I Vehicle 2 Vdkk 3 VdBde 4 Velride 5 1408 853,933.81 7 §2_272_70 S1,603_69 6865 1456 $52.618,62 7 32,036.72 $1,088_82 5546 $1 _92 1848 $53_914.29 7 $2.205_47 $1.004_12 5384 $2.03 1854 $39_182_60 5 $2_843,10 8956.19 6303 $1 _85 1856 839_497.18 5 82_710.52 $259_83 2972 53_66 Average Operational Cost of the Vehicle Per Mile : $2.23 Number of Miles Proposed : 9500 TOTAL: $21,185.00 Arnomt Pucerrlages $0 0_00% a,185.OOrlOO,00% $21,185_00 2021-DentonPD-S-IYG-00032 Printed On: 9/9/2020 Page 31 of 40 City of Denton Police Department STEP Comprehensive 2021 NON-ENFORCEBUNr TRAVEL Deseriptioa : Air Fne Pwpose/Details :Rwve this page Unit Price : $0 Qaan6ty : o Total : $0 Non-Eaforcemwt Travel Mileage Docnment If yon have additional docuuents, pro\Ide arm on the ’'AHat£aruts'1 page Alllowl Pucerrtzges SO a.QW6 SO M SO 2021-DentonPD-S-IYG-00032 Printed On: 9/9/2020 Page 32 of 40 City of Denton Police Department STEP Comprehensive 2021 NON-ENFORCEMENT TRAVEL Description Pwpose/Details Unit Price Qaantity Total : Hotel Exllewes :Rmve Bris expellse , SO :0 : SO Non-Enforceueat Travel Mileage Document If yea have adrlitioaal docnmeats, pro\$1e them on the ’tAttac£rneats" page AInowR Pucaaages 1$o o_awa SO 0_0CP£ SO TxDOT Total 2021-DentonPD-S-IYG-00032 Printed On: 9/9/2020 Page 33 of 40 City of Denton Police Department STEP Comprehensive 2021 NON-ENFORCEMENT TRAVEL Description : Meals Pbqnse/Details : Rmate this expense Unit Price : $0 Qaantity : 0 Total : 50 Non-Enfonenwt Travel Mileage Document If you have additional documents, proxqle them on the ’tAttachrnents" page @aunt Paarrtages $0 Cl.CWt SO ma SO TxDOT :a Total 202 1-DentonPD-S-IYG-00032 Printed On: 9/9/2020 Page 34 of 40 City of Denton Police Department STEP Comprehensive 2021 NON-ENFORCEMENT TRAVEL Description PbrTbose/Detaas Unit Price Quantity Total :Velricle Rental : Rmve this expense : SO a () : SO Non-Enforcement Travel Mileage Document If you have additi(mal docanents, proside arm on are f'Attac£n@ts" page Aarowa Paatrtages Fo_DwiSO SO M SO 2021-DentonPD-S-IYG-00032 Printed On: 9/9/2020 Page 35 of 40 City of Denton Police Department STEP Comprehensive 2021 EQUWRIENr Description : LIDAR unit Pwrpose/Details : LIDAR uni for STEP weed etrforcmm Unit Price : $2,150_00 Quantity : 1 Total Cost : $2,150.00 Arnoura Pucetrtages 0_CCP/6 Match m2 -iOO.00% Total $2_ 150.00 2021-DentonPD-S-IYG-00032 Printed On: 9/9/2020 Page 36 of 40 City of Denton Police Department STEP Comprehensive 2021 EQuwRUNr Description Purpose/Details Unit Price Quantity Total Cost : Man batIny (we) : spare battery for ticket writu pItan for STEP we : $65_OO 2 : 9130.00 ATrlotlnt P TxTIOT M Mo Total $130.00 2021-DentonPD-S-IYG-00032 Printed On: 9/9/2020 Page 37 of 40 City of Denton Police Department STEP Comprehensive 2021 EQUIPMENT Description : ticket WItn Milan Parpose/Details : Zebra baIrd ticket writu Milan for STEP use Unit Price : $600.00 Quantity :2 Total Cost : 51200.00 PAnand TxDOT rO 0_00% a ml im $1.200.00Tdal 2021-DentonPD-S-IYG-00032 Printed On: 9/9/2020 Page 38 of 40 City of Denton Police Department STEP Comprehensive 2021 BHSCEI,I,ANEOUS Name Description Purpose/Details Unit Price Quantity Total Cost :oaK : rmve this expense : rmtre ttis expense : $0 :0 : SO Arrroutrt ,Pucarlages C.CW% SO 0_00% SO TxDOT Match Total 2021-DentonPD-S-IYG-00032 Printed On: 9/9/2020 Page 39 of 40 City of Denton Police Department STEP Comprehensive 2021 BUDGET SUMMARY Budget Category Category 1 - Labor Costs (loo) i Salaries: pOO) I Fringe BeneRb: Sub-Total: TxDOT Match Total $87,986_65 $0 $87,986_65 SO $24,092_50 $24,092.50 $87.986_65 $24,092_50 $1 12,079_ 15 Category II - Other Direct Costs (300) I Travel: (400) I EquiWent (500) I Supplies: (Bm) ::==:al 17 (HIb) ===1 1 1 a n 1:1A1bH) u s : $0 SO $0 $0 $21 ,185_00 $3,480.00 $0 $21 ,185_GO $3,480_OO $0 SO $0 SO $0 $87,$86_65 SO $24,665_OO $48,757.50 $0 Sub-Total:$24,665_00 $136,744_ 15Total Direct Costs: Category III - Indirect Costs Indirect Cast pMI ! Rate $0 $0 $0 Summary Total Labor CD,t„ Total Direct Costs: Total Indirect Costs: Grand Total Fund Sources (Percent Share): $87,986.65 $0 $24,092.50 $24,665_00 $1 12,079_ 15 $24,665_OO $0 $87,986_65 SO 918,757.50 $0 $136,744,15 64.34%35_66% Salary and CDSt rates will be based on the rates submitted by the Subgrantee in its grant application in Egrants_ 2021-DentonPD-S-IYG-00032 Printed On: 9/9/2020 Page 40 of 40