HomeMy WebLinkAboutResolution 2019-003 RESOLUTION NO. 2019-003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS APPROVING THE SELECTIVE
TRAFFIC ENFORCEMENT PROGRAM (STEP) 2020 PROGRAM
GRANT APPLICATION EFFECTIVE OCTOBER 1, 2019.
WHEREAS, The City of North Richland Hills, Texas possesses legal authority to apply
for the STEP 2020 Program Grant ID 2019-NRichland-S-1YG-00033 and
make appointments for the conduct of business relative to the Grant; and
WHEREAS, The City Council of North Richland Hills finds it in the best interest of the
citizens of North Richland Hills to provide for increased enforcement for
speed compliance and additional enforcement hours targeting impaired
drivers during fiscal year 2020; and
WHEREAS, The City Council of North Richland Hills finds that these two violations of
the law unquestionably cause our citizens injury and property damage;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS, THAT:
SECTION 1. The City Council hereby finds that the recitals set forth above are true and
correct and are incorporated into this Resolution as if written herein.
SECTION 2. The City Council of North Richland Hills agrees to fund overtime hours to
provide for this additional enforcement during fiscal year 2020, in
anticipation of reimbursement from the Texas Department of
Transportation as set forth in the Grant Agreement.
SECTION 3. The City Council of North Richland Hills designates the Public Safety
Director as the grantee's authorized official. The authorized official is
given the power to apply for, accept, reject, alter or terminate the grant on
behalf of the applicant agency.
SECTION 4. That this Resolution shall take effect and be in full force and effect from and
after the date of its adoption, and it is so resolved; and all Resolutions of the
City Council of the City in conflict herewith are hereby amended or repealed
to the extent of such conflict.
PASSED AND APPROVED on this the 14th day of January, 2019.
Resolution No. 2019-003
Page 1 of 2
CITY OF NORTH RICHLAND HILLS
By: I � / ,. ...
iscar wino, Mayor
ATTEST:
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b,X-k(_.A.. ..___)'-- -Th ! --4.---)-----. '' :--'
Alicia Richardson=; it Se tam:'
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APPROVED AS TO FORM AND LEGALITY:
1
Maleshia B. McGinnis, City Attorney
APPROVED AS TO CONTENT:
■ tt■
Ji r Per• .e, Public Safety Director
Resolution No.2019-003
Page 2 of 2
Resolution No .
2018 - 003
Exhibit A Budget
Oty of Fort Worth
,y i t General Instructions &Resources View Budget Summary OMB APPROVAL NO.:1121-0329
�
/ EXPIRES 7/31/2016
Budget Detail Worksheet
(1) Purpose:The Budget Detail Worksheet is provided for your use in the preparation of the budget and budget narrative. All
required information(including the budget narrative)must be provided.Any category of expense not applicable to your budget
may be left blank.Indicate any non-federal(match)amount in the appropriate category,ifapplicable.
(2) For each budget category,you can see a sample by clicking(To View an Example,Click Here)at the end of each description.
(3) There are various hot links listed in red in the budget categories that will provide additional information via documents on the internet.
(4) Record Retention:In accordance with the requirements set forth in 2 CFR Part 200.333,all financial records,supporting
documents,statistical records,and all other records pertinent to the award shall be retained by each organization for at least three
years following the closure of the audit report covering the grant period.
(5) The information disclosed in this form is subject to the Freedom of Information Act under 5 U.S.C.55.2.
A. Personnel—List each position by title and name of employee,if available.Show the annual salary rate and the percentage of time to be devoted to the project.
Compensation paid for employees engaged in grant activities must be consistent with that paid for similar work within the applicant organization.Include a description ofthe
responsibilities and duties of each position in relationship to fulfilling the project goals and objectives.(Note:Use whole numbers as the percentage of time,an example is
75.50%should be shown as 75.50)To View an Example,Click Here
PERSONNEL(FEDERAL)
Computation
Name Position Cost
Salary Basis Percentage of Time Length of Time
Year $0
FEDERAL TOTAL $0
Add Personnel
PERSONNEL NARRATIVE(FEDERAL)
PERSONNEL(NON-FEDERAL)
Computation
Name Position Cost
Salary Basis Percentage of Time Length of Time
Year $0
NON-FEDERAL TOTAL $0
Add Personnel
PERSONNEL NARRATIVE(NON-FEDERAL)
TOTAL PERSONNEL $0
B. Fringe Benefits—Fringe benefits should be based on actual known costs or an approved negotiated rate by a Federal agency.If not based
on an approved negotiated rate,list the composition of the fringe benefit package.Fringe benefits are for the personnel listed in budget category
(A)and only for the percentage of time devoted to the project. Fringe benefits on overtime hours are limited to FICA,Workman's Compensation
and Unemployment Compensation.(Note:Use decimal numbers for the fringe benefit rates,an example is 7.65%should be shown as.0765)To View an Example,Click Here
FRINGE BENEFITS(FEDERAL)
Computation
Description Cost
Base Rate
$0
FEDERAL TOTAL $0
Add Fringe Benefits
FRINGE BENEFITS NARRATIVE(FEDERAL)
FRINGE BENEFITS(NON-FEDERAL)
Computation
Description Cost
Base Rate
$0
NON-FEDERAL TOTAL so
Add Fringe Benefits
FRINGE BENEFITS NARRATIVE(NON-FEDERAL)
TOTAL FRINGE BENEFITS $0
C. Travel—Itemize travel expenses of staff personnel by purpose(e g,staff to training,field interviews,advisory group meeting,etc) Describe the purpose ofeach
travel expenditure in reference to the project objectives.Show the basis of computation(e g.,six people to 3-day training at$X airfare,$X lodging,$X subsistence). In
training projects,travel and meals for trainees should be listed separately.Show the number of trainees and the unit costs involved.Identify the location of travel,if known;
or if unknown,indicate"location to be determined."Indicate source of Travel Policies applied Applicant or Federal Travel Regulations.Note:Travel expenses for
consultants should be included in the"Contractual/Consultant"category.To View an Example,Click Here
TRAVEL(FEDERAL)
Purpose of Travel Location Computation Cost
Basis for Number of Number of
Item Cost Rate Cost
Rate Quantity People Trips
Lodging Night $0.00
Meals Day $0.00
Mileage Mile $0.00
Transportation:
Round-trip $0.00
Local Travel $0.00
Other
$0.00
Subtotal $0.00 $0
FEDERAL TOTAL $0
Add Travel
TRAVEL NARRATIVE(FEDERAL)
TRAVEL(NON-FEDERAL)
Purpose of Travel Location Computation Cost
Basis for Number of Number of
Item Cost Rate Cost
Rate Quantity People Trips
Lodging Night $0.00
Meals Day $0.00
Mileage Mile $0.00
Transportation.
Round-trip $0 00
Local Travel $0.00
Other
$0.00
Subtotal $0.00 $0
NON-FEDERAL TOTAL $0
Add Travel
TRAVEL NARRATIVE(NON-FEDERAL)
TOTAL TRAVEL $0
D. Equipment—List non-expendable items that are purchased(Note:Organization's own capitalization policy for classification of equipment should be used). Expendable
items should be included in the"Supplies"category.Applicants should analyze the cost benefits of purchasing versus leasing equipment,especially high cost items andthose
subject to rapid technological advances.Rented or leased equipment costs should be listed in the"Contractual"category.Explain how the equipment is necessary for the success
of the project,and describe the procurement method to be used.To View an Example,Click Here
EQUIPMENT(FEDERAL)
Computation
Item
Cost
Quantity Cost
$0
FEDERAL TOTAL $0
Add Equipment
EQUIPMENT NARRATIVE(FEDERAL)
EQUIPMENT(NON-FEDERAL)
Computation
Item Cost
Quantity Cost
$0
NON-FEDERAL TOTAL $0
Add Equipment
EQUIPMENT NARRATIVE(NON-FEDERAL)
TOTAL EQUIPMENT $0
E. Supplies—List items by type(office supplies,postage,training matenals,copying paper,and expendable equipment items costing less than$5,000,such as books.
hand held tape recorders)and show the basis for computation.Generally,supplies include any materials that are expendable or consumed during the course of the project.
To View an Example,Click Here
SUPPLIES(FEDERAL)
Computation
Supply Items Cost
Quantity/Duration Cost
Tactical mini-ram breaching tool 14 $557.00 $7,798
FEDERAL TOTAL $7,798
Add Supplies
SUPPLIES NARRATIVE(FEDERAL)
Patrol officers sometimes encounter the need to enter a structure through a locked door.This could be for incidents ranging from a welfare check on an unresponsive resident to a
barricaded subject who presents an imminent threat to public safety.Mini-rams are breaching tools that can be operated by a single officer and carried in a patrol vehicle.The
purchase of fourteen(14)of these mini-rams will allow the North Richland Hills Police Department to place one in a significant number of patrol vehicles.
SUPPLIES(NON-FEDERAL)
Computation
Supply Items Cost
Quantity/Duration Cost
$0
NON-FEDERAL TOTAL $0
Add Supplies
SUPPLIES NARRATIVE(NON-FEDERAL)
TOTAL SUPPLIES $7,798
F. Construction—Provide a description of the construction project and an estimate of the costs As a rule,construction costs are not allowable.In some cases,minor repairs
or renovations may be allowable.Minor repairs and renovations should be classified in the"other"category.Consult with the program office before budgeting funds in this
category. To View an Example,Click Here
CONSTRUCTION(FEDERAL)
Purpose Description of Work Cost
FEDERAL TOTAL $0
Add Construction
CONSTRUCTION NARRATIVE(FEDERAL)
CONSTRUCTION(NON-FEDERAL)
Purpose Description of Work Cost
NON-FEDERAL TOTAL $0
Add Construction
CONSTRUCTION NARRATIVE(NON-FEDERAL)
TOTAL CONSTRUCTION $0
G. Consultants/Contracts—Indicate whether applicant's formal,written Procurement Policy or the Federal Acquisition Regulations are followed.
Consultant Fees:For each consultant enter the name,if known,service to be provided,hourly or daily fee(8-hour day),and estimated time on the project Consultant feesin
excess of$650 per day or$81.25 per hour require additional justification and prior approval from OJP.To View an Example,Click Here
CONSULTANT FEES(FEDERAL)
Computation
Name of Consultant Service Provided Cost
Fee Basis Quantity
8 Hour Day $0
SUBTOTAL $0
Add Consultant Fees
CONSULTANT FEES NARRATIVE(FEDERAL)
CONSULTANT FEES(NON-FEDERAL)
Computation
Name of Consultant Service Provided Cost
Fee Basis Quantity
8 Hour Day $0
SUBTOTAL $0
Add Consultant Fees
CONSULTANT FEES NARRATIVE(NON-FEDERAL)
Consultant Expenses:List all expenses to be paid from the grant to the individual consultants in addition to their fees(i.e.,travel,meals,lodging,etc.).This includestravel
expenses for anyone who is not an employee of the applicant such as participants,volunteers,partners,etc.
CONSULTANT EXPENSES(FEDERAL)
Purpose of Travel Location Computation Cost
Basis for Number of Number of
Item Cost Rate Cost
Rate Quantity People Trips
Lodging Night $0.00
Meals Day $0.00
Mileage Mile $0.00
Transportation:
Round-trip $0 00
Local Travel $0.00
Other
$0.00
Subtotal $0.00 $0
SUBTOTAL $0
FEDERAL TOTAL $0
Add Consultant Expenses
CONSULTANT EXPENSES NARRATIVE(FEDERAL)
CONSULTANT EXPENSES(NON-FEDERAL)
Purpose of Travel Location Computation Cost
Basis for Number of Number of
Item Cost Rate Cost
Rate Quantity People Trips
Lodging Night $0.00
Meals Day $0.00
Mileage Mile $0.00
Transportation:
Round-trip $0.00
Local Travel $0.00
Other
$0.00
Subtotal $0.00 $0
SUBTOTAL $0
NON-FEDERAL TOTAL $0
Add Consultant Expenses
CONSULTANT EXPENSES NARRATIVE(NON-FEDERAL)
TOTAL CONSULTANTS $0
Contracts_Provide a description of the product or service to be procured by contract and an estimate of the cost.Applicants are encouraged to promote free and open competition
in awarding contracts.A separate justification must be provided for sole source contracts in excess of$150,000.A sole source contract may not be awarded to a commercial
organization that is ineligible to receive a direct award. Note.This budget category may include subawards.
CONTRACTS(FEDERAL)
Item Cost
FEDERAL TOTAL $0
Add Contracts
CONTRACTS NARRATIVE(FEDERAL'
CONTRACTS(NON-FEDERAL)
Item Cost
NON-FEDERAL TOTAL $0
Add Contracts
CONTRACTS NARRATIVE(NON-FEDERAL)
TOTAL CONTRACTS $0
TOTAL CONSULTANTS/CONTRACTS $0
H. Other Costs—List items(e.g,rent(arms-length transaction only),reproduction,telephone,janitorial or security services,and investigative or confidential funds)by
major type and the basis of the computation.For example,provide the square footage and the cost per square foot for rent or provide a monthly rental cost and how many months
to rent. The basis field is a text field to describe the quantity such as square footage,months,etc. To View an Example,Click Here
OTHER COSTS(FEDERAL)
Computation
Description Cost
Quantity Basis Cost Length of Time
$a
FEDERAL TOTAL $0
Add Other Costs
OTHER COSTS NARRATIVE(FEDERAL)
OTHER COSTS(NON-FEDERAL)
Computation
Cost
Description
Quantity Basis Cost Length of Time
$0
NON-FEDERAL TOTAL $0
Add Other Costs
OTHER COSTS NARRATIVE(NON-FEDERAL)
TOTAL OTHER COSTS $0
I. Indirect Costs—Indirect costs are allowed if the applicant has a Federally approved indirect cost rate A copy of the rate approval,(a fully executed,negotiated agreement),
must be attached.If the applicant does not have an approved rate,one can be requested by contacting the applicant's cognizant Federal agency,or the applicant may elect to charge
a deminimis rate of 10%of modified total direct costs as indicated in 2 CFR Part 200.414f. If the applicant's accounting system permits,costs may be allocated in the direct cost
categories.(Use whole numbers as the indirect rate,an example is an indirect rate of 15.73%should be shown as 15.73)To View an Example,Click Here
INDIRECT COSTS(FEDERAL)
Computation
Description Cost
Base Rate
$0
FEDERAL TOTAL $0
Add Indirect Costs
INDIRECT COSTS NARRATIVE(FEDERAL)
INDIRECT COSTS(NON-FEDERAL)
Computation
Description Cost
Base
Rate
$0
NON-FEDERAL TOTAL $0
Add Indirect Costs
INDIRECT COSTS NARRATIVE(NON-FEDERAL)
TOTAL INDIRECT COSTS $0
Budget Summary—When you have completed the budget worksheet,transfer the totals for each category to the spacesbelow.
Compute the total direct costs and the total project costs.Indicate the amount of Federal funds requested and the amount
of non-Federal funds that will support the project.
Budget Category Federal Request Non-Federal Amounts Total
A.Personnel $0 $0 $0
B.Fringe Benefits $0 $0 $0
C.Travel $0 $0 $0
D.Equipment $0 $0 $0
E.Supplies $7,798 $0 $7,798
F. Construction $0 $0 $0
G.Consultants/Contracts $0 $0 $0
H.Other $0 $0 $0
Total Direct Costs $7,798 $0 $7,798
I. Indirect Costs $0 $0 $0
TOTAL PROJECT COSTS $7,798 $0 $7,798
Federal Request $7,798
Non-Federal Amount $0
Total Project Cost $7,798
Public Reporting Burden
Paperwork Reduction Act Notice: Under the Paperwork Reduction Act, a person is not required to
respond to a collection of information unless it displays a current valid OMB control number. We try to
create forms and instructions that are accurate, can be easily understood, and which impose the least
possible burden on you to provide us with information. The estimated average time to complete and file
this application is four(4)hours per application. If you have comments regarding the accuracy of this
estimate, or suggestions for making this form simpler,you can write the Office of Justice Programs,
Office of the Chief Financial Officer, 810 Seventh Street, NW, Washington, DC 20531; and to the Public Use
Reports Project, 1121-0188, Office of Information and Regulatory Affairs, Office of Management and
Budget, Washington, DC 20503.
Exhibit B
Award Document
City of Fort Worth
U.S.Department of Justice
f .
: Office of Justice Programs
�i� PAGE 1 OF 22
Y.:-
Bureau of Justice Assistance Grant
1 RECIPIENT NAME AND ADDRESS(Including Zip Code) 4.AWARD NUMBER: 2017-DJ-BX-0841
City of Fort Worth
505 West Felix Street 5.PROJECT PERIOD:FROM 10/01/2016 TO 09/30/2020
Fort Worth,TX 76115-3405
BUDGET PERIOD.FROM 10/01/2016 TO 09/30/2020
6 AWARD DATE 06/26/2018 7.ACTION
2a.GRANTEE IRS/VENDOR NO. 8.SUPPLEMENT NUMBER Initial
756000528 00
2b.GRANTEE DUNS NO.
073170458 9.PREVIOUS AWARD AMOUNT $0
3.PROJECT TITLE 10.AMOUNT OF THIS AWARD $523,089
FY 17 Justice Assistance Grant
11.TOTAL AWARD $523,089
12 SPECIAL CONDITIONS
THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH
ON THE ATTACHED PAGE(S).
13.STATUTORY AUTHORITY FOR GRANT
This project is supported under FY17(BJA-JAG State and JAG Local)Title I of Pub.L.No.90-351(generally codified at 42 U.S.C.3711-3797ff-5),
including subpart I of part E(codified at 42 U S.C.3750-3758);see also 28 U.S.C.530C(a).
14.CATALOG OF DOMESTIC FEDERAL ASSISTANCE(CFDA Number)
16.738-Edward Byrne Memorial Justice Assistance Grant Program
15.METHOD OF PAYMENT
GPRS
AGENCY APPROVAL GRANTEE ACCEPTANCE
16.TYPED NAME AND TITLE OF APPROVING OFFICIAL 18.TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL
Alan R.Hanson Valerie Washington
Principal Deputy Assistant Attorney General Assistant City Manager
17.SIGNATURE OF APPROVING OFFICIAL 19.SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A.DATE
%VS° df;14 3404011°.'w
AGENCY USE ONLY
20 ACCOUNTING CLASSIFICATION CODES 21. SDJUGT0886
FISCAL FUND BUD. DIV.
YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT
X B DJ 80 00 00 523089
OJP FORM 4000/2(REV.5-87)PREVIOUS EDITIONS ARE OBSOLETE.
OJP FORM 4000/2(REV.4-88)
,-- ,.�, U.S.Department of Justice
,' Office of Justice Programs AWARD CONTINUATION
r- Bureau of Justice Assistance SHEET PAGE 2 OF 22
T ICF
*'0.'.',�S �e� Grant
PROJECT NUMBER 2017-DJ-BX-0841 AWARD DATE 06/26/2018
SPECIAL CONDITIONS
1. Requirements of the award;remedies for non-compliance or for materially false statements
The conditions of this award are material requirements of the award. Compliance with any certifications or assurances
submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material
requirement of this award.
Failure to comply with any one or more of these award requirements--whether a condition set out in full below,a
condition incorporated by reference below,or a certification or assurance related to conduct during the award period--
may result in the Office of Justice Programs("OJP")taking appropriate action with respect to the recipient and the
award. Among other things,the OJP may withhold award funds,disallow costs,or suspend or terminate the award.
The Department of Justice("DOJ"),including OJP,also may take other legal action as appropriate.
Any materially false,fictitious,or fraudulent statement to the federal government related to this award(or concealment
or omission of a material fact)may be the subject of criminal prosecution(including under 18 U.S.C. 1001 and/or 1621,
and/or 42 U.S.C.3795a),and also may lead to imposition of civil penalties and administrative remedies for false claims
or otherwise(including under 31 U.S.C.3729-3730 and 3801-3812).
Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms,that provision
shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be
held,instead,that the provision is utterly invalid or-unenforceable,such provision shall be deemed severable from this
award.
2. Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements,Cost Principles,and Audit Requirements in 2 C.F.R.Part 200,as adopted
and supplemented by DOJ in 2 C.F.R.Part 2800(together,the"Part 200 Uniform Requirements")apply to this FY
2017 award from OJP.
The Part 200 Uniform Requirements were first adopted by DOJ on December 26,2014. If this FY 2017 award
supplements funds previously awarded by OJP under the same award number(e.g.,funds awarded during or before
December 2014),the Part 200 Uniform Requirements apply with respect to all funds under that award number
(regardless of the award date,and regardless of whether derived from the initial award or a supplemental award)that
are obligated on or after the acceptance date of this FY 2017 award.
For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards
("subgrants"),see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm.
In the event that an award-related question arises from documents or other materials prepared or distributed by OJP
that may appear to conflict with,or differ in some way from,the provisions of the Part 200 Uniform Requirements,the
recipient is to contact OJP promptly for clarification.
3. Compliance with DOJ Grants Financial Guide
The recipient agrees to comply with the DOJ Grants Financial Guide as posted on the OJP website(currently,the"2015
DOJ Grants Financial Guide"available at https://ojp.gov/financialguide/DOJ/index.htm),including any updated version
that may be posted during the period of performance.
OJP FORM 4000/2(REV.4-88)
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Y F r;= Bureau of Justice Assistance SHEET PAGE 3 OF 22
°*�•:" °y Grant
".J,SIICF 2
PROJECT NUMBER 2017-DJ-BX-0841 AWARD DATE 06/26/2018
SPECIAL CONDITIONS
4. Required training for Point of Contact and all Financial Points of Contact
Both the Point of Contact(POC)and all Financial Points of Contact(FPOCs)for this award must have successfully
completed an"OJP financial management and grant administration training"by 120 days after the date of the
recipient's acceptance of the award. Successful completion of such a training on or after January 1,2015,will satisfy
this condition.
In the event that either the POC or an FPOC for this award changes during the period of performance,the new POC or
FPOC must have successfully completed an"OJP financial management and grant administration training"by 120
calendar days after--(1)the date of OJP's approval of the"Change Grantee Contact"GAN(in the case of a new
POC),or(2)the date the POC enters information on the new FPOC in GMS(in the case of a new FPOC). Successful
completion of such a training on or after January 1,2015,will satisfy this condition.
A list of OJP trainings that OJP will consider"OJP financial management and grant administration training"for
purposes of this condition is available at https://www.ojp.gov/training/fmts.htm. All trainings that satisfy this condition
include a session on grant fraud prevention and detection.
The recipient should anticipate that OJP will immediately withhold("freeze")award funds if the recipient fails to
comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate
conditions on this award.
5. Requirements related to"de minimis"indirect cost rate
A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the"de minimis"
indirect cost rate described in 2 C.F.R.200.414(1),and that elects to use the"de minimis"indirect cost rate,must advise
OJP in writing of both its eligibility and its election,and must comply with all associated requirements in the Part 200
Uniform Requirements. The"de minimis"rate may be applied only to modified total direct costs(MTDC)as defined
by the Part 200 Uniform Requirements.
6. Requirement to report potentially duplicative funding
If the recipient currently has other active awards of federal funds,or if the recipient receives any other award of federal
funds during the period of performance for this award,the recipient promptly must determine whether funds from any
of those other federal awards have been,are being,or are to be used(in whole or in part)for one or more of the
identical cost items for which funds are provided under this award. If so,the recipient must promptly notify the DOJ
awarding agency(OJP or OVW,as appropriate)in writing of the potential duplication,and,if so requested by the DOJ
awarding agency,must seek a budget-modification or change-of-project-scope grant adjustment notice(GAN)to
eliminate any inappropriate duplication of funding.
OJP FORM 4000/2(REV.4-88)
U.S.Department of Justice
`= F, Office of Justice Programs AWARD CONTINUATION
IF
t'= Bureau of Justice Assistance SHEET PAGE 4 OF 22
Grant
USTICF.�
PROJECT NUMBER 2017-DJ-BX-0841 AWARD DATE 06/26/2018
SPECIAL CONDITIONS
7. Requirements related to System for Award Management and Universal Identifier Requirements
The recipient must comply with applicable requirements regarding the System for Award Management(SAM),
currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM,
as well as maintaining the currency of information in SAM.
The recipient also must comply with applicable restrictions on subawards("subgrants")to first-tier subrecipients
(first-tier"subgrantees"),including restrictions on subawards to entities that do not acquire and provide(to the
recipient)the unique entity identifier required for SAM registration.
The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site
at https://ojp.gov/funding/Explore/SAM.htm(Award condition: System for Award Management(SAM)and Universal
Identifier Requirements),and are incorporated by reference here.
This condition does not apply to an award to an individual who received the award as a natural person(i.e.,unrelated to
any business or non-profit organization that he or she may own or operate in his or her name).
8. All subawards("subgrants")must have specific federal authorization
The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements for
authorization of any subaward. This condition applies to agreements that--for purposes of federal grants
administrative requirements--OJP considers a"subaward"(and therefore does not consider a procurement
"contract").
The details of the requirement for authorization of any subaward are posted on the OJP web site at
https://ojp.gov/funding/Explore/SubawardAuthorization.htm(Award condition: All subawards("subgrants")must have
specific federal authorization),and are incorporated by reference here.
9. Specific post-award approval required to use a noncompetitive approach in any procurement contract that would
exceed$150,000
The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements to obtain
specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the
Simplified Acquisition Threshold(currently,$150,000). This condition applies to agreements that--for purposes of
federal grants administrative requirements--OJP considers a procurement"contract"(and therefore does not consider
a subaward).
The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under
an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm
(Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract
(if contract would exceed$150,000)),and are incorporated by reference here.
OJP FORM 4000/2(REV.4-88)
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
r ; i Bureau of Justice Assistance SHEET PAGE 5 OF 22
Grant
PROJECT NUMBER 2017-DJ-BX-0841 AWARD DATE 06/26/2018
SPECIAL CONDITIONS
10. Requirements pertaining to prohibited conduct related to trafficking in persons(including reporting requirements and
OJP authority to terminate award)
The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements(including
requirements to report allegations)pertaining to prohibited conduct related to the trafficking of persons,whether on the
part of recipients,subrecipients("subgrantees"),or individuals defined(for purposes of this condition)as"employees"
of the recipient or of any subrecipient.
The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the
OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm(Award condition: Prohibited
conduct by recipients and subrecipients related to trafficking in persons(including reporting requirements and OJP
authority to terminate award)),and are incorporated by reference here.
11. Compliance with applicable rules regarding approval,planning,and reporting of conferences,meetings,trainings,and
other events
The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable laws,regulations,
policies,and official DOJ guidance(including specific cost limits,prior approval and reporting requirements,where
applicable)governing the use of federal funds for expenses related to conferences(as that term is defined by DOJ),
including the provision of food and/or beverages at such conferences,and costs of attendance at such conferences.
Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ
Grants Financial Guide(currently,as section 3.10 of"Postaward Requirements"in the"2015 DOJ Grants Financial
Guide").
12. Requirement for data on performance and effectiveness under the award
The recipient must collect and maintain data that measure the performance and effectiveness of work under this award.
The data must be provided to OJP in the manner(including within the timeframes)specified by OJP in the program
solicitation or other applicable written guidance. Data collection supports compliance with the Government
Performance and Results Act(GPRA)and the GPRA Modernization Act of 2010,and other applicable laws.
13. OJP Training Guiding Principles
Any training or training materials that the recipient--or any subrecipient("subgrantee")at any tier--develops or
delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees,
available at https://ojp.gov/funding/ojptrainingguidingprinciples.htm.
14. Effect of failure to address audit issues
The recipient understands and agrees that the DOJ awarding agency(OJP or OVW,as appropriate)may withhold
award funds,or may impose other related requirements,if(as determined by the DOJ awarding agency)the recipient
does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform
Requirements(or by the terms of this award),or other outstanding issues that arise in connection with audits,
investigations,or reviews of DOJ awards.
15. Potential imposition of additional requirements
The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency
(OJP or OVW,as appropriate)during the period of performance for this award,if the recipient is designated as"high-
risk"for purposes of the DOJ high-risk grantee list.
OJP FORM 4000/2(REV.4-88)
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 6 OF 22
Vii '-g;r
Grant
PROJECT NUMBER 2017-DJ-BX-0841 AWARD DATE 06/26/2018
SPECIAL CONDITIONS
16. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination-28 C.F.R.Part 42
The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements of 28
C.F.R.Part 42,specifically including any applicable requirements in Subpart E of 28 C.F.R.Part 42 that relate to an
equal employment opportunity program.
17. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination-28 C.F.R.Part 54
The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements of 28
C.F.R.Part 54,which relates to nondiscrimination on the basis of sex in certain"education programs."
18. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination-28 C.F.R.Part 38
The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements of 28
C.F.R.Part 38,specifically including any applicable requirements regarding written notice to program beneficiaries and
prospective program beneficiaries. Part 38 of 28 C.F.R.,a DOJ regulation,was amended effective May 4,2016.
Among other things,28 C.F.R.Part 38 includes rules that prohibit specific forms of discrimination on the basis of
religion,a religious belief,a refusal to hold a religious belief,or refusal to attend or participate in a religious practice.
Part 38 also sets out rules and requirements that pertain to recipient and subrecipient("subgrantee")organizations that
engage in or conduct explicitly religious activities,as well as rules and requirements that pertain to recipients and
subrecipients that are faith-based or religious organizations.
The text of the regulation,now entitled"Partnerships with Faith-Based and Other Neighborhood Organizations,"is
available via the Electronic Code of Federal Regulations(currently accessible at https://www.ecfr.gov/cgi-
bin/ECFR?page=browse),by browsing to Title 28-Judicial Administration,Chapter I,Part 38,under e-CFR"current"
data.
19. Restrictions on"lobbying"
In general,as a matter of federal law,federal funds awarded by OJP may not be used by the recipient,or any
subrecipient("subgrantee")at any tier,either directly or indirectly,to support or oppose the enactment,repeal,
modification,or adoption of any law,regulation,or policy,at any level of government. See 18 U.S.C. 1913. (There
may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be
barred by law.)
Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient,or any
subrecipient at any tier,to pay any person to influence(or attempt to influence)a federal agency,a Member of
Congress,or Congress(or an official or employee of any of them)with respect to the awarding of a federal grant or
cooperative agreement,subgrant,contract,subcontract,or loan,or with respect to actions such as renewing,extending,
or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply,including an exception that
applies to Indian tribes and tribal organizations.
Should any question arise as to whether a particular use of federal funds by a recipient(or subrecipient)would or might
fall within the scope of these prohibitions,the recipient is to contact OJP for guidance,and may not proceed without the
express prior written approval of OJP.
OJP FORM 4000/2(REV.4-88)
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
4 :` _'^" Bureau of Justice Assistance SHEET PAGE 7 OF 22 Grant
PROJECT NUMBER 2017-DJ-BX-0841 AWARD DATE 06/26/2018
SPECIAL CONDITIONS
20. Compliance with general appropriations-law restrictions on the use of federal funds(FY 2017)
The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable restrictions on the use of
federal funds set out in federal appropriations statutes. Pertinent restrictions,including from various"general
provisions"in the Consolidated Appropriations Act,2017,are set out at
https://ojp.gov/funding/Expl ore/FY 17AppropriationsRestrictions.htm,and are incorporated by reference here.
Should a question arise as to whether a particular use of federal funds by a recipient(or a subrecipient)would or might
fall within the scope of an appropriations-law restriction,the recipient is to contact OJP for guidance,and may not
proceed without the express prior written approval of OJP.
21. Reporting potential fraud,waste,and abuse,and similar misconduct
The recipient,and any subrecipients("subgrantees")at any tier,must promptly refer to the DOJ Office of the Inspector
General(OIG)any credible evidence that a principal,employee,agent,subrecipient,contractor,subcontractor,or other
person has,in connection with funds under this award--(1)submitted a claim that violates the False Claims Act;or(2)
committed a criminal or civil violation of laws pertaining to fraud,conflict of interest,bribery,gratuity,or similar
misconduct.
Potential fraud,waste,abuse,or misconduct involving or relating to funds under this award should be reported to the
OIG by--(1)mail directed to:Office of the Inspector General,U.S.Department of Justice,Investigations Division,
950 Pennsylvania Avenue,N.W.Room 4706,Washington,DC 20530;(2)e-mail to:oig.hotline @usdoj.gov;and/or(3)
the DOJ OIG hotline:(contact information in English and Spanish)at(800)869-4499(phone)or(202)616-9881
(fax).
Additional information is available from the DOJ OIG website at https://www.usdoj.gov/oig.
OJP FORM 4000/2(REV.4-88)
U.S.Department of Justice
sr_ Office of Justice Programs AWARD CONTINUATION„cli g Bureau of Justice Assistance SHEET PAGE 8 OF 22
' n 1,,,.:1 Grant
PROJECT NUMBER 2017-DJ-BX-0841 AWARD DATE 06/26/2018
SPECIAL CONDITIONS
22. Restrictions and certifications regarding non-disclosure agreements and related matters
No recipient or subrecipient("subgrantee")under this award,or entity that receives a procurement contract or
subcontract with any funds under this award,may require any employee or contractor to sign an internal confidentiality
agreement or statement that prohibits or otherwise restricts,or purports to prohibit or restrict,the reporting(in
accordance with law)of waste,fraud,or abuse to an investigative or law enforcement representative of a federal
department or agency authorized to receive such information.
The foregoing is not intended,and shall not be understood by the agency making this award,to contravene
requirements applicable to Standard Form 312(which relates to classified information),Form 4414(which relates to
sensitive compartmented information),or any other form issued by a federal department or agency governing the
nondisclosure of classified information.
1. In accepting this award,the recipient--
a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees
or contractors that currently prohibit or otherwise currently restrict(or purport to prohibit or restrict)employees or
contractors from reporting waste,fraud,or abuse as described above;and
b. certifies that,if it learns or is notified that it is or has been requiring its employees or contractors to execute
agreements or statements that prohibit or otherwise restrict(or purport to prohibit or restrict),reporting of waste,fraud,
or abuse as described above,it will immediately stop any further obligations of award funds,will provide prompt
written notification to the federal agency making this award,and will resume(or permit resumption of)such
obligations only if expressly authorized to do so by that agency.
2. If the recipient does or is authorized under this award to make subawards("subgrants"),procurement contracts,or
both--
a. it represents that--
(1) it has determined that no other entity that the recipient's application proposes may or will receive award funds
(whether through a subaward("subgrant"),procurement contract,or subcontract under a procurement contract)either
requires or has required internal confidentiality agreements or statements from employees or contractors that currently
prohibit or othenvise currently restrict(or purport to prohibit or restrict)employees or contractors from reporting waste,
fraud,or abuse as described above;and
(2) it has made appropriate inquiry,or otherwise has an adequate factual basis,to support this representation;and
b. it certifies that,if it learns or is notified that any subrecipient,contractor,or subcontractor entity that receives funds
under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit
or otherwise restrict(or purport to prohibit or restrict),reporting of waste,fraud,or abuse as described above,it will
immediately stop any further obligations of award funds to or by that entity,will provide prompt written notification to
the federal agency making this award,and will resume(or permit resumption of)such obligations only if expressly
authorized to do so by that agency.
OJP FORM 4000/2(REV.4-88)
,of ., U.S.Department of Justice
��t H.
Office of Justice Programs AWARD CONTINUATION
F , Bureau of Justice Assistance SHEET PAGE 9 OF 22
`' wT '' " Grant
PROJECT NUMBER 2017-DJ-BX-0841 AWARD DATE 06/26/2018
SPECIAL CONDITIONS
23. Compliance with 41 U.S.C.4712(including prohibitions on reprisal;notice to employees)
The recipient(and any subrecipient at any tier)must comply with,and is subject to,all applicable provisions of 41
U.S.C.4712,including all applicable provisions that prohibit,under specified circumstances,discrimination against an
employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant,a
gross waste of federal funds,an abuse of authority relating to a federal grant,a substantial and specific danger to public
health or safety,or a violation of law,rule,or regulation related to a federal grant.
The recipient also must inform its employees,in writing(and in the predominant native language of the workforce),of
employee rights and remedies under 41 U.S.C.4712.
Should a question arise as to the applicability of the provisions of 41 U.S.C.4712 to this award,the recipient is to
contact the DOJ awarding agency(OJP or OVW,as appropriate)for guidance.
24. Encouragement of policies to ban text messaging while driving
Pursuant to Executive Order 13513,"Federal Leadership on Reducing Text Messaging While Driving,"74 Fed.Reg.
51225(October 1,2009),DOJ encourages recipients and subrecipients("subgrantees")to adopt and enforce policies
banning employees from text messaging while driving any vehicle during the course of performing work funded by this
award,and to establish workplace safety policies and conduct education,awareness,and other outreach to decrease
crashes caused by distracted drivers.
25. Cooperating with OJP Monitoring
The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines,protocols,and
procedures,and to cooperate with OJP(including the grant manager for this award and the Office of Chief Financial
Officer(OCFO))requests related to such monitoring,including requests related to desk reviews and/or site visits. The
recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring tasks,including
documentation related to any subawards made under this award. Further,the recipient agrees to abide by reasonable
deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may
result in actions that affect the recipient's DOJ awards,including,but not limited to:withholdings and/or other
restrictions on the recipient's access to award funds;referral to the DOJ OIG for audit review;designation of the
recipient as a DOJ High Risk grantee;or termination of an award(s).
26. FFATA reporting: Subawards and executive compensation
The recipient must comply with applicable requirements to report first-tier subawards("subgrants")of$25,000 or
more and,in certain circumstances,to report the names and total compensation of the five most highly compensated
executives of the recipient and first-tier subrecipients(first-tier"subgrantees")of award funds. The details of recipient
obligations,which derive from the Federal Funding Accountability and Transparency Act of 2006(FFATA),are posted
on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm(Award condition:Reporting Subawards and
Executive Compensation),and are incorporated by reference here.
This condition,including its reporting requirement,does not apply to--(1)an award of less than$25,000,or(2)an
award made to an individual who received the award as a natural person(i.e.,unrelated to any business or non-profit
organization that he or she may own or operate in his or her name).
OJP FORM 4000/2(REV.4-88)
.;it U.S.Department of Justice
,4; Office of Justice Programs AWARD CONTINUATION
=,1 a Bureau of Justice Assistance SHEET PAGE 10 OF 22
a:
°�"'Q, Grant
PROJECT NUMBER 2017-DJ-BX-0841 AWARD DATE 06/26/2018
SPECIAL CONDITIONS
27. Use of program income
Program income(as defined in the Part 200 Uniform Requirements)must be used in accordance with the provisions of
the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly
Federal Financial Report,SF 425.
28. Justice Information Sharing
In order to promote information sharing and enable interoperability among disparate systems across the justice and
public safety community,the recipient(and any subrecipient at any tier) must comply with DOD's Global Justice
Information Sharing Initiative(DOD's Global)guidelines and recommendations for this particular award.The recipient
shall conform to the Global Standards Package(GSP)and all constituent elements,where applicable,as described at:
https://it.ojp.gov/gsp_grantcondition.The recipient shall document planned approaches to information sharing and
describe compliance to the GSP and appropriate privacy policy that protects shared information,or provide detailed
justification for why an alternative approach is recommended.
29. Avoidance of duplication of networks
To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information
sharing systems which involve interstate connectivity between jurisdictions,such systems shall employ,to the extent
possible,existing networks as the communication backbone to achieve interstate connectivity,unless the recipient can
demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the
functionality of an existing or proposed IT system.
30. Compliance with 28 C.F.R.Part 23
With respect to any information technology system funded or supported by funds under this award,the recipient(and
any subrecipient at any tier)must comply with 28 C.F.R.Part 23,Criminal Intelligence Systems Operating Policies,if
OJP determines this regulation to be applicable.Should OJP determine 28 C.F.R.Part 23 to be applicable,OJP may,at
its discretion,perform audits of the system,as per the regulation.Should any violation of 28 C.F.R.Part 23 occur,the
recipient may be fined as per 42 U.S.C.3789g(c)-(d). The recipient may not satisfy such a fine with federal funds.
31. Protection of human research subjects
The recipient(and any subrecipient at any tier)must comply with the requirements of 28 C.F.R.Part 46 and all OJP
policies and procedures regarding the protection of human research subjects,including obtainment of Institutional
Review Board approval,if appropriate,and subject informed consent.
32. Confidentiality of data
The recipient(and any subrecipient at any tier)must comply with all confidentiality requirements of 42 U.S.C.3789g
and 28 C.F.R.Part 22 that are applicable to collection,use,and revelation of data or information.The recipient further
agrees,as a condition of award approval,to submit a Privacy Certificate that is in accord with requirements of 28
C.F.R.Part 22 and,in particular,28 C.F.R.22.23.
OJP FORM 4000/2(REV.4-88)
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 11 OF 22
Grant
PROJECT NUMBER 2017-DJ-BX-0841 AWARD DATE 06/26/2018
SPECIAL CONDITIONS
33. Verification and updating of recipient contact information
The recipient must verify its Point of Contact(POC),Financial Point of Contact(FPOC),and Authorized
Representative contact information in GMS,including telephone number and e-mail address. If any information is
incorrect or has changed,a Grant Adjustment Notice(GAN)must be submitted via the Grants Management System
(GMS)to document changes.
34. Law enforcement task forces-required training
Within 120 days of award acceptance,each current member of a law enforcement task force funded with award funds
who is a task force commander,agency executive,task force officer,or other task force member of equivalent rank,
must complete required online(internet-based)task force training.Additionally,all future task force members must
complete this training once during the period of performance for this award,or once every four years if multiple OJP
awards include this requirement.
The required training is available free of charge online through the BJA-funded Center for Task Force Integrity and
Leadership(www.ctfli.org).The training addresses task force effectiveness,as well as other key issues including
privacy and civil liberties/rights,task force performance measurement,personnel selection,and task force oversight and
accountability.If award funds are used to support a task force,the recipient must compile and maintain a task force
personnel roster,along with course completion certificates.
Additional information regarding the training is available through BJA's web site and the Center for Task Force
Integrity and Leadership(www.ctfli.org).
35. Required attendance at BJA-sponsored events
The recipient(and its subrecipients at any tier)must participate in BJA-sponsored training events,technical assistance
events,or conferences held by BJA or its designees,upon BJA's request.
36. Justification of consultant rate
Approval of this award does not indicate approval of any consultant rate in excess of$650 per day.A detailed
justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such
funds.
OJP FORM 4000/2(REV.4-88)
-,.* U.S.Department of Justice
,�% -� Office ofJustice Programs AWARD CONTINUATION
-°� SHEET PAGE 12 OF 22
Bureau of Justice Assistance
" .,,4-,
Grant
PROJECT NUMBER 2017-DJ-BX-0841 AWARD DATE 06/26/2018
SPECIAL CONDITIONS
37. Compliance with National Environmental Policy Act and related statutes
Upon request,the recipient(and any subrecipient at any tier)must assist BJA in complying with the National
Environmental Policy Act(NEPA),the National Historic Preservation Act,and other related federal environmental
impact analyses requirements in the use of these award funds,either directly by the recipient or by a subrecipient.
Accordingly,the recipient agrees to first determine if any of the following activities will be funded by the grant,prior
to obligating funds for any of these purposes.If it is determined that any of the following activities will be funded by
the award,the recipient agrees to contact BJA.
The recipient understands that this condition applies to new activities as set out below,whether or not they are being
specifically funded with these award funds.That is,as long as the activity is being conducted by the recipient,a
subrecipient,or any third party,and the activity needs to be undertaken in order to use these award funds,this condition
must first be met.The activities covered by this condition are:
a.New construction;
b.Minor renovation or remodeling of a property located in an environmentally or historically sensitive area,including
properties located within a 100-year flood plain,a wetland,or habitat for endangered species,or a property listed on or
eligible for listing on the National Register of Historic Places;
c.A renovation,lease,or any proposed use of a building or facility that will either(a)result in a change in its basic
prior use or(b)significantly change its size;
d.Implementation of a new program involving the use of chemicals other than chemicals that are(a)purchased as an
incidental component of a funded activity and(b)traditionally used,for example,in office,household,recreational,or
education environments;and
e.Implementation of a program relating to clandestine methamphetamine laboratory operations,including the
identification,seizure,or closure of clandestine methamphetamine laboratories.
The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental
Assessment and/or an Environmental Impact Statement,as directed by BJA.The recipient further understands and
agrees to the requirements for implementation of a Mitigation Plan,as detailed at https://bja.gov/Funding/nepa.html,for
programs relating to methamphetamine laboratory operations.
Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its
subrecipients'existing programs or activities that will be funded by these award funds,the recipient,upon specific
request from BJA,agrees to cooperate with BJA in any preparation by BJA of a national or program environmental
assessment of that funded program or activity.
38. Establishment of trust fund
If award funds are being drawn down in advance,the recipient(or a subrecipient,with respect to a subaward)is
required to establish a trust fund account.(The trust fund may or may not be an interest-bearing account.)The fund,
including any interest,may not be used to pay debts or expenses incurred by other activities beyond the scope of the
Edward Byrne Memorial Justice Assistance Grant Program(JAG).The recipient also agrees to obligate the award
funds in the trust fund(including any interest earned)during the period of performance for the award and expend
within 90 days thereafter.Any unobligated or unexpended funds,including interest earned,must be returned to OJP at
the time of closeout.
OJP FORM 4000/2(REV.4-88)
U.S.Department of Justice
1 i p' 4 Office of Justice Programs AWARD CONTINUATION
141
-t�3 Bureau of Justice Assistance SHEET PAGE 13 OF 22
"°. ",,/i',^
,- Grant
PROJECT NUMBER 2017-DJ-BX-0841 AWARD DATE 06/26/2018
SPECIAL CONDITIONS
39. Prohibition on use of award funds for match under BVP program
JAG funds may be used to purchase vests for an agency,but they may not be used as the 50%match for purposes of the
DOJ Bulletproof Vest Partnership(BVP)program.
40. Certification of body armor"mandatory wear"policies
The recipient agrees to submit a signed certification that all law enforcement agencies receiving body armor purchased
with funds from this award have a written"mandatory wear"policy in effect.The recipient must keep signed
certifications on file for any subrecipients planning to utilize funds from this award for ballistic-resistant and stab-
resistant body armor purchases.This policy must be in place for at least all uniformed officers before any funds from
this award may be used by an agency for body armor.There are no requirements regarding the nature of the policy
other than it be a mandatory wear policy for all uniformed officers while on duty.
41. Body armor-compliance with NIJ standards
Ballistic-resistant and stab-resistant body armor purchased with JAG award funds may be purchased at any threat
level,make or model,from any distributor or manufacturer,as long as the body armor has been tested and found to
comply with applicable National Institute of Justice ballistic or stab standards and is listed on the NIJ Compliant Body
Armor Model List(https://nij.gov/).In addition,ballistic-resistant and stab-resistant body armor purchased must be
American-made.The latest NIJ standard information can be found here:https://nij.gov/topics/technology/body-
armor/pages/safety-initiative.aspx.
42. Required monitoring of subawards
The recipient must monitor subawards under this JAG award in accordance with all applicable statutes,regulations,
award conditions,and the DOJ Grants Financial Guide,and must include the applicable conditions of this award in any
subaward.Among other things,the recipient is responsible for oversight of subrecipient spending and monitoring of
specific outcomes and benefits attributable to use of award funds by subrecipients.The recipient agrees to submit,upon
request,documentation of its policies and procedures for monitoring of subawards under this award.
43. Reporting requirements
The recipient must submit quarterly Federal Financial Reports(SF-425)and semi-annual performance reports through
OJP's GMS(https://grants.ojp.usdoj.gov).Consistent with the Department's responsibilities under the Government
Performance and Results Act(GPRA)and the GPRA Modernization Act of 2010,the recipient must provide data that
measure the results of its work. The recipient must submit quarterly performance metrics reports through BJA's
Performance Measurement Tool(PMT)website(www.bjaperformancetools.org).For more detailed information on
reporting and other JAG requirements,refer to the JAG reporting requirements webpage.Failure to submit required
JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation.
44. Required data on law enforcement agency training
Any law enforcement agency receiving direct or sub-awarded funding from this JAG award must submit quarterly
accountability metrics data related to training that officers have received on the use of force,racial and ethnic bias,de-
escalation of conflict,and constructive engagement with the public.
OJP FORM 4000/2(REV 4-88)
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
r'=iF t= Bureau of Justice Assistance SHEET PAGE 14 OF 22
Ikj Grant
PROJECT NUMBER 2017-DJ-BX-0841 AWARD DATE 06/26/2018
SPECIAL CONDITIONS
45. Prohibited Expenditures List
Award funds may not be used for items that are listed on the Prohibited Expenditure List at the time of purchase or
acquisition,including as the list may be amended from time to time.The Prohibited Expenditure List may be accessed
here:https://www.bja.gov/funding/JAGControlledPurchaseList.pdf
46. Controlled expenditures-prior written approval required
Award funds may not be used for items that are listed on the Controlled Expenditure List at the time of purchase or
acquisition,including as the list may be amended from time to time,without explicit written prior approval from BJA.
The Controlled Expenditure List,and instructions on how to request approval for purchase or acquisitions are set out at
https://www.bja.gov/funding/JAGControlledPurchaseListpdf
47. Controlled expenditures-incident reporting
If an agency uses award funds to purchase or acquire any item on the Controlled Expenditure List at the time of
purchase or acquisition,including as the list may be amended from time to time,the agency must collect and retain(for
at least 3 years)certain information about the use of--(1)any federally-acquired Controlled Equipment in the
agency's inventory,and(2)any other controlled equipment in the same category as the federally-acquired controlled
equipment in the agency's inventory,regardless of source;and the agency must make that information available to BJA
upon request.Details about what information must be collected and retained are set out at https://ojp.gov/clocs/LE-
Equipment-WG-Final-Report.pdf
48. Sale of items on Controlled Expenditure List
Notwithstanding the provision of the Part 200 Uniform Requirements set out at 2 C.F.R.200.313,no equipment listed
on the Controlled Expenditure List that is purchased with award funds may be transferred or sold to a third party,
except as described below:
a. Agencies may transfer or sell any controlled equipment,except riot helmets and riot shields,to a Law Enforcement
Agency(LEA)after obtaining prior written approval from BJA.As a condition of that approval,the acquiring LEA will
be required to submit information and certifications to BJA as if it were requesting approval to use award funds for the
initial purchase of items on the Controlled Expenditure List.
b. Agencies may not transfer or sell any riot helmets or riot shields purchased under this award.
c. Agencies may not transfer or sell any Controlled Equipment purchased under this award to non-LEAs,with the
exception of fixed wing aircraft,rotary wing aircraft,and command and control vehicles.Before any such transfer or
sale is finalized,the agency must obtain prior written approval from BJA.All law enforcement-related and other
sensitive or potentially dangerous components,and all law enforcement insignias and identifying markings must be
removed prior to transfer or sale.
The recipient must notify BJA prior to the disposal of any items on the Controlled Expenditure List purchased with
award funds,and must abide by any applicable laws(including regulations)in such disposal.
49. Prohibited or controlled expenditures-Effect of failure to comply
Failure to comply with an award condition related to prohibited or controlled expenditures may result in denial of any
further approvals of controlled expenditures under this or other federal awards.
OJP FORM 4000/2(REV.4-88)
—o U.S.Department of Justice
Office of7ustice Programs AWARD CONTINUATION
F =` Bureau of Justice Assistance SHEET PAGE 15 OF 22
Grant
`t�. Jf,cTICE a.
PROJECT NUMBER 2017-DJ-BX-0841 AWARD DATE 06/26/2018
SPECIAL CONDITIONS
50. Controlled expenditures-Standards
Consistent with recommendation 2.1 of Executive Order 13688,a law enforcement agency that acquires controlled
equipment with award funds must adopt robust and specific written policies and protocols governing General Policing
Standards and Specific Controlled Equipment Standards.General Policing Standards includes policies on(a)
Community Policing;(b)Constitutional Policing;and(c)Community Input and Impact Considerations.Specific
Controlled Equipment Standards includes policies specifically related to(a)Appropriate Use of Controlled Equipment;
(b)Supervision of Use;(c)Effectiveness Evaluation;(d)Auditing and Accountability;and(e)Transparency and Notice
Considerations.Upon OJP's request,the recipient must provide a copy of the General Policing Standards and Specific
Controlled Equipment Standards,and any related policies and protocols.
51. Authorization to obligate(federal)award funds to reimburse certain project costs incurred on or after October 1,2016
The recipient may obligate(federal)award funds only after the recipient makes a valid acceptance of the award. As of
the first day of the period of performance for the award(October 1,2016),however,the recipient may choose to incur
project costs using non-federal funds,but any such project costs are incurred at the recipient's risk until,at a
minimum--(1)the recipient makes a valid acceptance of the award,and(2)all applicable withholding conditions are
removed by OJP(via a Grant Adjustment Notice). (A withholding condition is a condition in the award document that
precludes the recipient from obligating,expending,or drawing down all or a portion of the award funds until the
condition is removed.)
Except to the extent(if any)that an award condition expressly precludes reimbursement of project costs incurred"at-
risk,"if and when the recipient makes a valid acceptance of this award and OJP removes each applicable withholding
condition through a Grant Adjustment Notice,the recipient is authorized to obligate(federal)award funds to reimburse
itself for project costs incurred"at-risk"earlier during the period of performance(such as project costs incurred prior to
award acceptance or prior to removal of an applicable withholding condition),provided that those project costs
otherwise are allowable costs under the award.
Nothing in this condition shall be understood to authorize the recipient(or any subrecipient at any tier)to use award
funds to"supplant"State or local funds in violation of the recipient's certification(executed by the chief executive of
the State or local government)that federal funds will be used to increase the amounts of such funds that would,in the
absence of federal funds,be made available for law enforcement activities.
52. "Certification of Compliance with 8 U.S.C. 1373"required for valid award acceptance by a unit of local government
In order validly to accept this award,the applicant local government must submit the required"Certification of
Compliance with 8 U.S.C. 1373"(executed by the chief legal officer of the local government). Unless that executed
certification either--(1)is submitted to OJP together with the fully-executed award document,or(2)is uploaded in
OJP's GMS no later than the day the signed award document is submitted to OJP,any submission by a unit of local
government that purports to accept the award is invalid.
If an initial award-acceptance submission by the recipient is invalid,once the unit of local government does submit the
necessary certification regarding 8 U.S.C. 1373,it may submit a fully-executed award document executed by the unit
of local government on or after the date of that certification.
For purposes of this condition,"local government"does not include any Indian tribes.
OJP FORM 4000/2(REV.4-88)
-‘,.-'21.',.' U.S.Department of Justice
"' Office of Justice Programs AWARD CONTINUATION
1 r it SHEET PAGE 16 OF 22
Bureau of Justice Assistance
`'f-,:', ,r' Grant
PROJECT NUMBER 2017-DJ-BX-0841 AWARD DATE 06/26/2018
SPECIAL CONDITIONS
53. Ongoing compliance with 8 U.S.C. 1373 is required
1.With respect to the"program or activity"funded in whole or part under this award(including any such"program or
activity"of any subrecipient at any tier),throughout the period of performance for the award,no State or local
government entity,-agency,or-official may prohibit or in any way restrict--(1)any government entity or-official
from sending or receiving information regarding citizenship or immigration status as described in 8 U.S.C. 1373(a);or
(2)a government entity or-agency from sending,requesting or receiving,maintaining,or exchanging information
regarding immigration status as described in 8 U.S.C. 1373(b). For purposes of this award,any prohibition(or
restriction)that violates this condition is an"information-communication restriction."
2.Certifications from subrecipients. The recipient may not make a subaward to a State or local government or a
"public"institution of higher education,unless it first obtains a certification of compliance with 8 U.S.C. 1373,properly
executed by the chief legal officer of the jurisdiction or institution that would receive the subaward,using the
appropriate form available at https://ojp.gov/funding/Explore/SampleCertifications-8USC1373.htm. Similarly,the
recipient must require that no subrecipient(at any tier)may make a further subaward to a State or local government or a
"public"institution of higher education,unless it first obtains a certification of compliance with 8 U.S.C. 1373,properly
executed by the chief legal officer of the jurisdiction or institution that would receive the further subaward,using the
appropriate OJP form.
3.The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of
this condition.
4.Allowable costs. Compliance with these requirements is an authorized and priority purpose of this award. To the
extent that such costs are not reimbursed under any other federal program,award funds may be obligated(including for
authorized reimbursements)for the reasonable,necessary,and allocable costs(if any)that the recipient,or any
subrecipient at any tier that is a State or local government or a"public"institution of higher education,incurs to
implement this condition.
5.Rules of Construction
A.For purposes of this condition:
(1)"State"and"local government"include any agency or other entity thereof,but not any institution of higher
education or any Indian tribe.
(2)A"public"institution of higher education is one that is owned,controlled,or directly funded by a State or local
government.
(3)"Program or activity"means what it means under title VI of the Civil Rights Act of 1964(see 42 U.S.C.2000d-4a).
(4)"Immigration status"means what it means for purposes of 8 U.S.C. 1373(Illegal Immigration Reform and
Immigrant Responsibility Act of 1996);and terms that are defined in 8 U.S.C. 1101(Immigration and Nationality Act)
mean what they mean under that section 1101,except that the term"State"also shall include American Samoa(cf.42
U.S.C.901(a)(2)).
(5)Pursuant to the provisions set out at(or referenced in)8 U.S.C. 1551 note("Abolition... and Transfer of
Functions"),references to the"Immigration and Naturalization Service"in 8 U.S.C. 1373 are to be read as references to
particular components of the Department of Homeland Security(DHS).
B.Nothing in this condition shall be understood to authorize or require any recipient,any subrecipient at any tier,any
State or local government,any"public"institution of higher education,or any other entity(or individual)to violate any
federal law,including any applicable civil rights or nondiscrimination law.
OJP FORM 4000/2(REV.4-88)
-ti'L , U.S.Department ofJustice
\'
'y Office of justice Programs AWARD CONTINUATION
F r'`' Bureau of Justice Assistance SHEET PAGE 17 OF 22
:.'''' ...!'"'7,..=?,e_ Grant
PROJECT NUMBER 2017-DJ-BX-0841 AWARD DATE 06/26/2018
SPECIAL CONDITIONS
IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to OJP,before
award acceptance.
54. Authority to obligate award funds contingent on compliance with 8 U.S.C. 1373;unallowable costs;obligation to notify
1. If the recipient is a State or local government--
A. The recipient may not obligate award funds if,at the time of the obligation,the"program or activity"of the
recipient(or of any subrecipient at any tier that is a either a State or unit of local government or a"public"institution of
higher education)that is funded in whole or in part with award funds is subject to any"information-communication
restriction."
B. In addition,with respect to any project costs it incurs"at risk,"the recipient may not obligate award funds to
reimburse itself if--at the time it incurs such costs--the"program or activity"of the recipient(or of any
subrecipient at any tier that is a either a State or unit of local government or a"public"institution of higher education)
that would be reimbursed in whole or in part with award funds was subject to any"information-communication
restriction."
C. Any drawdown of award funds by the recipient shall be considered,for all purposes,to be a material representation
by the recipient to OJP that,as of the date the recipient requests the drawdown,the recipient and all subrecipients
(regardless of tier)are in compliance with 8 U.S.C. 1373.
D. The recipient must promptly notify OJP(in writing)if the recipient,from its requisite monitoring of compliance
with award conditions or otherwise,has credible evidence that indicates that the funded"program or activity"of the
recipient,or of any subrecipient at any tier that is either a State or a local government or a"public"institution of higher
education,may be subject to any"information-communication restriction."In addition,any subaward(at any tier)to a
subrecipient that is either a State or a local government or a"public"institution of higher education must require
prompt notification to the entity that made the subaward,should the subrecipient such credible evidence regarding an
"information-communication restriction."
2. Any subaward(at any tier)to a subrecipient that is either a State or a local government or a"public"institution of
higher education must provide that the subrecipient may not obligate award funds if,at the time of the obligation,the
"program or activity"of the subrecipient(or of any further such subrecipient at any tier)that is funded in whole or in
part with award funds is subject to any"information-communication restriction."
3. Absent an express written determination by DOJ to the contrary,based upon a finding by DOJ of compelling
circumstances(e.g.,a small amount of award funds obligated by the recipient at the time of a subrecipient's minor and
transitory non-compliance,which was unknown to the recipient despite diligent monitoring),any obligations of award
funds that,under this condition,may not be made shall be unallowable costs for purposes of this award. In making any
such determination,DOJ will give great weight to evidence submitted by the recipient that demonstrates diligent
monitoring of subrecipient compliance with the requirements set out in the award condition entitled"Ongoing
compliance with 8 U.S.C. 1373 is required."
4. Rules of Construction
A. For purposes of this condition"information-communication restriction"has the meaning set out in the award
condition entitled"Ongoing compliance with 8 U.S.C. 1373 is required."
B. Both the"Rules of Construction"and the"Important Note"set out in the award condition entitled"Ongoing
compliance with 8 U.S.C. 1373 is required"are incorporated by reference as though set forth here in full.
OJP FORM 4000/2(REV.4-88)
U.S.Department of Justice
", Office of Justice Programs AWARD CONTINUATION
F Bureau of Justice Assistance SHEET PAGE 18 OF 22
¢t
ICA Q,y' Grant
asr
PROJECT NUMBER 2017-DJ-BX-0841 AWARD DATE 06/26/2018
SPECIAL CONDITIONS
55. Required State-level rules or practices related to aliens;allowable costs
The following provisions apply to the recipient of this award,if the recipient is a State government,and also apply to
any State-government subrecipient at any tier(whether or not the recipient is a State government).
1.Requirements
With respect to the"program or activity"that is funded(in whole or in part)by this award,as of the date the recipient
accepts this award,and throughout the remainder of the period of performance for the award--
A.A State statute,or a State rule,-regulation,-policy,or-practice,must be in place that is designed to ensure that
agents of the United States acting under color of federal law in fact are given to access any State(or State-contracted)
correctional facility for the purpose of permitting such agents to meet with individuals who are(or are believed by such
agents to be)aliens and to inquire as to such individuals'right to be or remain in the United States.
B.A State statute,or a State rule,-regulation,-policy,or-practice,must be in place that is designed to ensure that,
when a State(or State-contracted)correctional facility receives from DHS a formal written request authorized by the
Immigration and Nationality Act that seeks advance notice of the scheduled release date and time for a particular alien
in such facility,then such facility will honor such request and--as early as practicable(see para.4.B.of this
condition)--provide the requested notice to DHS.
2.Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of this
condition.
3.Allowable costs
Compliance with these requirements is an authorized and priority purpose of this award.To the extent that such costs
are not reimbursed under any other federal program,award funds may be obligated(including for authorized
reimbursements)for the reasonable,necessary,and allocable costs(if any)of--(1)developing and putting into place
statutes,rules,regulations,policies,and practices to satisfy this condition,and(2)permitting access as described in
para. 1.A.above,and(3)honoring any request from DHS that is encompassed by para. 1.B.above.
4.Rules of construction
A.For purposes of this condition--
(1)the term"alien"means what it means under section 101 of the Immigration and Nationality Act(see 8 U.S.C.
1101(a)(3)).
(2)the term"correctional facility"means what it means under the Title I of the Omnibus Crime Control and Safe
Streets Act of 1968(see 42 U.S.C.3791(a)(7)).
B.Nothing in this condition shall be understood to authorize or require any recipient,any subrecipient at any tier,any
State or local government,or any other entity or individual to maintain(or detain)any individual in custody beyond the
date and time the individual would have been released in the absence of this condition.
Current DHS practice is ordinarily to request advance notice of scheduled release"as early as practicable(at least 48
hours,if possible)."(See DHS Form I-247A(3/17)).In the event that(e.g.,in light of the date DHS made such request)
the scheduled release date and time for an alien are such as not to permit the advance notice that DHS has requested,it
shall not be a violation of this condition to provide only as much advance notice as practicable.
OJP FORM 4000/2(REV.4-88)
U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
=g t4 Bureau of Justice Assistance SHEET PAGE 19 OF 22
Grant
PROJECT NUMBER 2017-DJ-BX-0841 AWARD DATE 06/26/2018
SPECIAL CONDITIONS
NOTE:Current DHS practice is to use one form(DHS Form I-247A(3/17))for two distinct purposes--to request
advance notice of scheduled release,and to request that an individual be detained for up to 48 hours AFTER the
scheduled release.This condition imposes NO requirements as to such DHS requests for detention.
C.Both the"Rules of Construction"and the"Important Note"set out in the award condition entitled"Ongoing
compliance with 8 U.S.C. 1373 is required"are incorporated by reference as though set forth here in full.
56. Required local-government-level rules or practices related to aliens;allowable costs
The following provisions apply to the recipient of this award,if the recipient is a unit of local government,and also
apply to any local-government subrecipient of this award at any tier(whether or not the recipient itself is a unit of local
government).
1. Requirements
With respect to the"program or activity"that is funded(in whole or in part)by this award,as of the date the recipient
accepts this award,and throughout the remainder of the period of performance for the award--
A. A local ordinance,-rule,-regulation,-policy,or-practice(or an applicable State statute,-rule,-regulation,-
policy,or-practice)must be in place that is designed to ensure that agents of the United States acting under color of
federal law in fact are given access a local-government(or local-government-contracted)correctional facility for the
purpose of permitting such agents to meet with individuals who are(or are believed by such agents to be)aliens and to
inquire as to such individuals'right to be or remain in the United States.
B. A local ordinance,-rule,-regulation,-policy,or-practice(or an applicable State statute,-rule,-regulation,-
policy,or-practice)must be in place that is designed to ensure that,when a local-government(or local-government-
contracted)correctional facility receives from DHS a formal written request authorized by the Immigration and
Nationality Act that seeks advance notice of the scheduled release date and time for a particular alien in such facility,
then such facility will honor such request and--as early as practicable(see"Rules of Construction"incorporated by
para.4.B.of this condition)--provide the requested notice to DHS.
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of this
condition.
3. Allowable costs
Compliance with these requirements is an authorized and priority purpose of this award. To the extent that such costs
are not reimbursed under any other federal program,award funds may be obligated(including for authorized
reimbursements)for the reasonable,necessary,and allocable costs(if any)of--(1)developing and putting into place
statutes,ordinances,rules,regulations,policies,and practices to satisfy this condition,(2)permitting access as
described in para. 1.A.above,and(3)honoring any request from DHS that is encompassed by para. 1.B.above.
4. Rules of construction
A. The"Rules of Construction"and the"Important Note"set out in the award condition entitled"Ongoing compliance
with 8 U.S.C. 1373 is required"are incorporated by reference as though set forth here in full.
B. The"Rules of Construction"set out in the award condition entitled"Required State-level rules or practices related
to aliens;allowable costs"are incorporated by reference as though set forth here in full.
OJP FORM 4000/2(REV.4-88)
-'' U.S.Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 20 OF 22
��sr to Grant
PROJECT NUMBER 2017-DJ-BX-0841 AWARD DATE 06/26/2018
SPECIAL CONDITIONS
57. Use of funds for DNA testing;upload of DNA profiles
If award funds are used for DNA testing of evidentiary materials,any resulting eligible DNA profiles must be uploaded
to the Combined DNA Index System("CODIS,"the DNA database operated by the FBI)by a government DNA
laboratory with access to CODIS.
No profiles generated under this award may be entered or uploaded into any non-governmental DNA database without
prior express written approval from BJA.
Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may
be accepted for entry into CODIS.
58. Encouragement of submission of"success stories"
BJA strongly encourages the recipient to submit annual(or more frequent)JAG success stories.To submit a success
story,sign in to a My BJA account at https://www.bja.gov/Login.aspx to access the Success Story Submission form.If
the recipient does not yet have a My BJA account,please register at https://www.bja.gov/profile.aspx.Once registered,
one of the available areas on the My BJA page will be"My Success Stories."Within this box,there is an option to add
a Success Story.Once reviewed and approved by BJA,all success stories will appear on the BJA Success Story web
page at https://www.bja.gov/SuccessStoryList.aspx.
59. Requirement to disclose whether recipient is designated"high risk"by a federal grant-making agency outside of DOJ
If the recipient is designated"high risk"by a federal grant-making agency outside of DOJ,currently or at any time
during the course of the period of performance under this award,the recipient must disclose that fact and certain related
information to OJP by email at OJP.ComplianceReporting @ojp.usdoj.gov. For purposes of this disclosure,high risk
includes any status under which a federal awarding agency provides additional oversight due to the recipient's past
performance,or other programmatic or financial concerns with the recipient.The recipient's disclosure must include
the following: 1.The federal awarding agency that currently designates the recipient high risk,2.The date the recipient
was designated high risk,3.The high-risk point of contact at that federal awarding agency(name,phone number,and
email address),and 4.The reasons for the high-risk status,as set out by the federal awarding agency.
60. Reclassification of various statutory provisions to a new Title 34 of the United States Code
On September 1,2017,various statutory provisions previously codified elsewhere in the U.S.Code were editorially
reclassified to a new Title 34,entitled"Crime Control and Law Enforcement." The reclassification encompassed a
number of statutory provisions pertinent to OJP awards(that is,OJP grants and cooperative agreements),including
many provisions previously codified in Title 42 of the U.S.Code.
Effective as of September 1,2017,any reference in this award document to a statutory provision that has been
reclassified to the new Title 34 of the U.S.Code is to be read as a reference to that statutory provision as reclassified to
Title 34. This rule of construction specifically includes references set out in award conditions,references set out in
material incorporated by reference through award conditions,and references set out in other award requirements.
61. Withholding of funds:Required certification from the chief executive of the applicant government
The recipient may not obligate,expend,or draw down any award funds until the recipient submits the required
"Certifications and Assurances by the Chief Executive of the Applicant Government,"properly-executed(as
determined by OJP),and a Grant Adjustment Notice(GAN)has been issued to remove this condition.
OW FORM 4000/2(REV.4-88)
U.S.Department of Justice
v Office of Justice Programs AWARD CONTINUATION
SFrV Bureau of Justice Assistance SHEET PAGE 21 OF 22
{i t Grant
PROJECT NUMBER 2017-DJ-BX-0841 AWARD DATE 06/26/2018
SPECIAL CONDITIONS
62. Withholding of funds: Program narrative
The recipient may not obligate,expend,or draw down any award funds until the recipient submits,and OJP reviews
and accepts,the program narrative for this award,and a Grant Adjustment Notice(GAN)has been issued to remove
this condition.
63. Withholding of funds: Project abstract
The recipient may not obligate,expend,or draw down any award funds until the recipient submits,and OJP reviews
and accepts,the project abstract,and a Grant Adjustment Notice(GAN)has been issued to remove this condition.
64. Withholding of funds: Memorandum of Understanding
The recipient may not obligate,expend,or draw down any award funds until OJP has reviewed and approved the
Memorandum of Understanding(MOU),and a Grant Adjustment Notice(GAN)has been issued to remove this
condition.
65. Withholding of funds: Budget narrative
The recipient may not obligate,expend,or draw down any award funds until the recipient submits,and OJP reviews
and accepts,the budget narrative for the award,and a Grant Adjustment Notice(GAN)has been issued to remove this
condition.
66. Recipient integrity and performance matters: Requirement to report information on certain civil,criminal,and
administrative proceedings to SAM and FAPIIS
The recipient must comply with any and all applicable requirements regarding reporting of information on civil,
criminal,and administrative proceedings connected with(or connected to the performance of)either this OJP award or
any other grant,cooperative agreement,or procurement contract from the federal government. Under certain
circumstances,recipients of OJP awards are required to report information about such proceedings,through the federal
System for Award Management(known as"SAM"),to the designated federal integrity and performance system
(currently,"FAPIIS").
The details of recipient obligations regarding the required reporting(and updating)of information on certain civil,
criminal,and administrative proceedings to the federal designated integrity and performance system(currently,
"FAPIIS")within SAM are posted on the OJP web site at https://ojp.gov/funding/FAPIIS.htm(Award condition:
Recipient Integrity and Performance Matters,including Recipient Reporting to FAPIIS),and are incorporated by
reference here.
67. Withholding of funds:Disclosure of pending applications
The recipient may not obligate,expend,or draw down any award funds until:(1)it has provided to the grant manager
for this OJP award either an"applicant disclosure of pending applications"for federal funding or a specific affirmative
statement that no such pending applications(whether direct or indirect)exist,in accordance with the detailed
instructions in the program solicitation,(2)OJP has completed its review of the information provided and of any
supplemental information it may request,(3)the recipient has made any adjustments to the award that OJP may require
to prevent or eliminate any inappropriate duplication of funding(e.g.,budget modification,project scope adjustment),
(4)if appropriate adjustments to a discretionary award cannot be made,the recipient has agreed in writing to any
necessary reduction of the award amount in any amount sufficient to prevent duplication(as determined by OJP),and
(5)a Grant Adjustment Notice has been issued to remove this condition.
OJP FORM 4000/2(REV.4-88)
U.S.Department ofJustice
Office ofJustice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 22 OF 22
Grant
PROJECT NUMBER 2017-DJ-BX-0841 AWARD DATE 06/26/2018
SPECIAL CONDITIONS
68. Recipient may not obligate,expend or drawdown funds until the Bureau ofJustice Assistance,Office ofJustice
Programs has received and approved the required application attachment(s)and has issued a Grant Adjustment Notice
(GAN)releasing this special condition.
69. Withholding of funds: Subrecipient monitoring policies
The recipient's response to the Subrecipient Management and Monitoring question(s)of the Financial Management and
System of Internal Controls Questionnaire indicates that the recipient may not have controls in place to monitor the
activities of any subrecipient,as necessary,to ensure that the subaward is used for authorized purposes in compliance
with Federal laws,regulations,and the terms and conditions of the subaward and that subaward performance goals are
achieved.(See 2 CFR 200.331(d)). The recipient agrees to submit a copy of its subrecipient monitoring policies and
procedures to the OJP program office.
If the recipient anticipates that it will not make a subaward under this award then,instead of submitting subrecipient
monitoring policies and procedures,the recipient agrees that it must advise OJP in writing that it does not intend to
make a subaward under this award.
The recipient may not obligate,expend,or draw down funds under this award until either--(1)the OJP program office
has received,and OJP has reviewed and approved,the subrecipient monitoring policies and procedures,or(2)the OJP
program office has received and considered the recipient's written communication and has agreed(for purposes of
federal grants administrative requirements)that no subawards are anticipated under this award—and a Grant
Adjustment Notice has been issued to remove this condition.
The recipient understands and agrees that it is obligated to immediately notify the OJP grant manager in writing of any
later change in its plan to make or not make a subaward under this award.
OJP FORM 4000/2(REV.4-88)
Texas Traffic Safety eGrants
Fiscal Year 2019
Organization Name: City of North Richland Hills - Police Department
Legal Name: City of North Richland Hills
Payee Identification Number: 17560051942008
Project Title: STEP Comprehensive
ID: 2019-NRichland-S-1 YG-00028
Period: 10/01/2018 to 09/30/2019
City of North Richland Hills - Police Department
STEP Comprehensive 2019
TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
THE STATE OF TEXAS
THE COUNTY OF TRAVIS
THIS AGREEMENT IS MADE BY and between the State of Texas, acting by and through the
Texas Department of Transportation, hereinafter called the Department and the, City of
North Richland Hills hereinafter called the Subgrantee, and becomes effective then fully
executed by both parties. For the purpose of this agreement,the Subgrantee is designated as
a(n)Local Government/Transit District
AUTHORITY:Texas Transportation Code, Chapter 723,the Traffic Safety Act of 1967, and
the Highway Safety Performance Plan for the Fiscal Year 2018.
Name of the Federal Agency: National Highway Traffic Safety Administration
CFDA Number: 20.600
CFDA Title: State and Community Highway Safety Grant Program
Funding Source: Section 402
DUNS: 097975824
FAIN:
18X9204020TX1718
69A37519300004020TX0
Project Title: STEP Comprehensive
This project is Not Research and Development
Grant Period:This Grant becomes effective on 1010112018 or on the date of final signature of
both parties,whichever is later, and ends on 09130/2019 unless terminated or otherwise
modified_
Total Awarded: $52,942.12
Amount Eligible for Reimbursement by the Department: $42,000.00
Match Amount provided by the Subgrantee: $10,942.12
2019-NRichland-S-1YG-00028 Printed On: 10/15/2018 Page 1 of 26
City of North Richland Hills - Police Department
STEP Comprehensive 2019
TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
The signatory of the Subgrantee hereby represents and warrants that she/he is an officer of the organization
for which she/he has executed this agreement and that she/he has full and complete authority to enter into
this agreement on behalf of the organization.
Subgrantee Signature
By checking this box;I agree to use electronic signatures.Furthermore;I confirm that I have
signature authority to execute this document and it is an electronic representation of my signature for
all purposes when I use it on documents;including legally binding contracts—just the same as a
pen-and-paper signature_
Name:Carrie White
Title: Lt
Date: Aug 2 2018 1:30PM
TxDOT Signature
By checking this box,I agree to use electronic signatures.Furthermore,I confirm that I have
X signature authority to execute this document and it is an electronic representation of my signature for
all purposes when I use it on documents,including legally binding contracts—just the same as a
pen-and-paper signature_
Name:Terry Pence
Title: Traffic Safety Director
Date: Sep 42018 10:18PM
2019-NRichland-S-1YG-00028 Printed On: 10/15/2018 Page 2 of 26
City of North Richland Hills - Police Department
STEP Comprehensive 2019
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 Departments Traffic Safety Program Manual,as they relate to
the application,acceptance,and use of federal or state funds for this project.Also,the Subgrantee assures and
certifies that
A.It possesses legal authority to apply for the grant;and that a resolution,motion,or similar action has been duly
adopted or passed as an official act of the applicants governing body,authorizing the filing of the application,
including all understandings and assurances contained in the application,and directing and authorizing the
person identified as the official representative 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.It will comply with political activity(Hatch Act)(applies to subrecipients as well as States).The State will comply
with provisions of the Hatch Act(5 U.S.C.1501-1508)which limits the political activities of employees whose
principal employment activities are funded in whole or in part with Federal funds.
E.It will comply with the federal Fair Labor Standards Acts 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.
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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 of29 USC;the Federal Water Pollution Control Act,as
amended,33 USG 01251 et seq.;the Resource Conservation and Recovery Act,as amended,42 USC§§6901
et seq.;and the Comprehensive Environmental Response,Compensation,and Liability Act,as amended,42
USC§§9601 et seq.The Subgrantee also recognizes that the U.S.Environmental Protection Agency,USDOT,and
other federal agencies have issued,and in the future are expected to issue,regulations,guidelines,standards,
orders,directives,or other requirements that may affect this Project.Thus,it agrees to comply,and assures the
compliance of each contractor and each subcontractor,with any federal requirements that the federal government
may now or in the future promulgate.
J.It will comply with the flood insurance purchase requirements of Section 102(a)of the Flood Disaster Protection
Act of 1973,42 USC§4012a(a).Section 102(a)requires,on and after March 2,1975,the purchase of flood
insurance in communities where that insurance is available as a condition for the receipt of any federal financial
assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of
the Department of Housing and Urban Development as an area having special flood hazards.The phrase
"federal financial assistance-includes any form of loan,grant,guaranty,insurance payment,rebate,subsidy,
disaster assistance loan or grant,or any form of direct or indirect federal assistance.
K.It will assist the Department in its compliance with Section 106 of the National Historic Preservation Act of 1966
as amended(16 USC 470 et seq.),Executive Order 11593,and the Antiquities Code of Texas(National
Resources Code,Chapter 191).
L.It will comply with Chapter 573 of the Texas Government Code by ensuring that no officer,employee,or
member of the Subgrantee's governing board or the Subgrantee's subcontractors shall vote or confirm the
employment of any person related within the second degree of affinity or third degree by consanguinity to any
member of the governing body or to any other officer or employee authorized to employ or supervise that person.
This prohibition shall not apply to the employment of a person described in Section 573.062 of the Texas
Government Code.
M.It will ensure that all information collected,assembled,or maintained by the applicant relative to this project
shall be available to the public during normal business hours in compliance with Chapter 552 of the Texas
Government Code,unless otherwise expressly provided by law.
N.If applicable,it will comply with Chapter 551 of the Texas Government 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 paymentforthis 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 Ill)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.
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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 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 orTxDOTfunds 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 casts 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 afederal fiscal year,the Department determines that there is sufficient
funding and performance to continue the project,the Department may notify the Subgrantee to continue this
agreement.
ARTICLE 5.AMENDMENTS
This agreement may be amended prior to its expiration by mutual written consent of both parties,utilizing the
Grant Agreement Amendment in eGrants.Any amendment must be executed by the parties within the Grant
Period,as specified in this Grant Agreement.
ARTICLE 6.ADDITIONAL WORK AND CHANGES IN WORK
A If the Subgrantee is of the opinion that any assigned work is beyond the scope of this agreement and
constitutes additional work,the Subgrantee shall promptly notify the Department in writing through eGrants.If the
Department finds that such work does constitute additional work,the Department shall advise the Subgrantee
and a written amendment to this agreement will be executed according to Article 5,Amendments,to provide
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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 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
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payment under this agreement,until completion of all audits,or until pending litigation has been completely and
fully resolved,whichever occurs last.
Duly authorized representatives of the Department,the USDOT,the Office of the Inspector General,Texas State
Auditor,and the Comptroller General shall have access to the Records.This right of access is not limited to the
four(4)year period but shall last as long as the Records are retained.
ARTICLE 9.INDEMNIFICATION
A.To the extent permitted by law,the Subgrantee,if other than a government entity,shall indemnify,hold,and save
harmless the Department and its officers and employees from all claims and liability due to the acts or
omissions of the Subgrantee,its agents,or employees.The Subgrantee also agrees,to the extent permitted by
law,to indemnify,hold,and save harmless the Department from any and all expenses,including but not limited to
attorney fees,all court 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 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
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convenience ottne inspectors in the pertormance ottneir duties.All inspections and evaluations snail 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
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 auditor 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 Departments Executive Director.
B.Any person doing business with or who reasonably speaking may do business with the Department under this
agreement may not make any offer of benefits,gifts,or favors to Department employees,except as mentioned
here above.Failure on the part of the Subgrantee to adhere to this policy may result in termination of this
agreement.
ARTICLE 16.NONCOLLUSION
The Subgrantee warrants that it has not employed or retained any company or person,other than a bona fide
employee working solely for the Subgrantee,to solicit or secure this agreement,and that it has not paid or agreed
to pay any company or person,other than a bona fide employee,any fee,commission,percentage,brokerage fee,
gift,or any other consideration contingent upon or resulting from the award or making of this agreement.If the
Subgrantee breaches or violates this warranty,the Department shall have the right to annul this agreement
without liability or,in its discretion,to deduct from the agreement price or consideration,or otherwise recover the
full amount of such fee,commission,brokerage fee,contingent fee,or gift.
ARTICLE 17.CONFLICT OF INTEREST
The Subgrantee represents that it or its employees have no conflict of interest that would in any way interfere with
its or its employees°performance or which in any way conflicts with the interests of the Department.The
Subgrantee shall exercise reasonable care and diligence to prevent any actions or conditions that could result in
a conflict with the Departments 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
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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 Departments procurement and property management standards and(2)the federal procurement and
property management standards provided by 2 CFR§§200.310-.316,200.318-.324.
ARTICLE 20.OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY
Upon completion or termination of this Grant Agreement,whether for cause or at the convenience of the parties,
all finished or unfinished documents,data,studies,surveys,reports,maps,drawings,models,photographs,etc.
prepared by the Subgrantee,and equipment and supplies purchased with grant funds shall,at the option of the
Department,become the property of the Department.All sketches,photographs,calculations,and other data
prepared under this agreement shall be made available,upon request,to the Department without restriction or
limitation of their further use.
A.Intellectual property consists of copyrights,patents,and any other form of intellectual property rights covering
any databases,software,inventions,training manuals,systems design,or other proprietary information in any
form or medium.
B.All rights to Department.The Department shall own all of the rights(including copyrights,copyright
applications,copyright renewals,and copyright extensions),title and interests in and to all data,and other
information developed under this contract and versions thereof unless otherwise agreed to in writing that there
will be joint ownership.
C.All rights to Subgrantee.Classes and materials initially developed by the Subgrantee without any type of
funding or resource assistance from the Department remain the Subgrantee's intellectual property.For these
classes and materials,the Department payment is limited to payment for attendance at classes.
ARTICLE 21.SUCCESSORS AND ASSIGNS
The Department and the Subgrantee each binds itself,its successors,executors,assigns,and administrators to
the other party to this agreement and to the successors,executors,assigns,and administrators of the other party
in respect to all covenants of this agreement.The Subgrantee shall not assign,sublet,or transfer interest and
obligations in this agreement without written consent of the Department through eGrants.
ARTICLE 22.CIVIL RIGHTS COMPLIANCE
A.Compliance with regulations:The Subgrantee shall comply with the regulations relative to nondiscrimination in
federally-assisted programs of the United States Department of Transportation(USDOT):49 CFR,Part 21;23
CFR,Part 200;and 41 CFR,Parts 60-74,as they may be amended periodically(called the"Regulations").The
Subgrantee agrees to comply with Executive Order 11246,entitled"Equal Employment Opportunity,"as amended
by Executive Order 11375 and as supplemented by the U.S.Department of Labor regulations(41 CFR,Part 60).
B.Nondiscrimination:(applies to subrecipients as well as States)The State highway safety agency and
Subgrantee will comply with all Federal statutes and implementing regulations relating to nondiscrimination.
These include but are not limited to:(a)Title VI of the Civil Rights Act of 1964(Pub.L.88-352),which prohibits
discrimination on the basis of race,color or national origin(and 49 CFR Part 21);(b)Title IX ofthe Education
Amendments of 1972,as amended(20 U.S.C.1681-1683 and 1685-1686),which prohibits discrimination on the
basis of sex;(c)Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S.C.794),and the Americans
with Disabilities Act of 1990(Pub.L.101-336),as amended(42 U.S.C.12101,et seq.),which prohibits
discrimination on the basis of disabilities(and 49 CFR Part 27);(d)the Age Discrimination Act of 1975,as
amended(42 U.S.C.6101-6107),which prohibits discrimination on the basis of age;(e)the Civil Rights
Restoration Act of 1987(Pub.L.100-259),which requires Federal-aid recipients and all subrecipients to prevent
discrimination and ensure nondiscrimination in all of their programs and activities;(f)the Drug Abuse Office and
Treatment Act of 1972(Pub.L.92-255),as amended,relating to nondiscrimination on the basis of drug abuse;
(g)the comprehensive Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act of 1970(Pub.
L.91-616),as amended,relating to nondiscrimination on the basis of alcohol abuse or alcoholism;(h)Sections
523 and 527 of the Public Health Service Act of 1912,as amended(42 U.S.C.290dd-3 and 290ee-3),relating to
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confidentiality of alcohol and drug abuse patient records;(i)Title VIII of the Civil Rights Act of 1968,as amended
(42 U.S.C.3601,et seq.),relating to nondiscrimination in the sale,rental or financing of housing;(I)any other
nondiscrimination provisions in the specific statute(s)under which application for Federal assistance is being
made;and(k)the requirements of any other nondiscrimination statute(s)which may apply to the application.
C.Solicitations for subcontracts,including procurement of materials and equipment In all solicitations either by
competitive bidding or negotiation made by the Subgrantee for work to be performed under 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 Departments DBE guidelines and in
consideration of the local market,project size,and nature of the goods or services to be acquired.The
Subgrantee shall have final decision-making authority regarding the DBE goal and shall be responsible for
documenting its actions.
D.The Subgrantee shall follow all other parts of the Department's DBE program referenced in TxDOT Form 2395,
Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally-
Approved Disadvantaged Business Enterprise by Entity and attachments found at web address
http:llwuvw.txdot.govlbusinessipartnerships ldbe.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
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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 Certification
1.By signing and submitting this proposal,the prospective primary participant is providing the certification set out
below.
2.The inability of a person to provide the certification required below will not necessarily result in denial of
participation in this covered transaction.The prospective participant shall submit an explanation of why it cannot
provide the certification set out below.The certification or explanation will be considered in connection with the
department or agency's determination whether to enter into this transaction.However,failure of the prospective
primary participant to furnish a certification or an explanation shall disqualify such person from participation in this
transaction.
3.The certification in this clause is a material representation of fact upon which reliance was placed when the
department or agency determined to enter into this transaction.If it is later determined that the prospective
primary participant knowingly rendered an erroneous certification,in addition to other remedies available to the
Federal Government,the department or agency may terminate this transaction for cause or default.
4.The prospective primary participant shall provide immediate written notice to the department or agency to which
this proposal is submitted if at any time the prospective primary participant learns its certification was erroneous
when submitted or has become erroneous by reason of changed circumstances.
5.The terms covered transaction,debarred,suspended,ineligible,lower tier covered transaction,participant,
person,primary covered transaction,principal,proposal,and voluntarily excluded,as used in this clause,have
the meaning set out in the Definitions and coverage sections of 49 CFR Part 29.You may contact the department
or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.
6.The prospective primary participant agrees by submitting this proposal that,should the proposed covered
transaction be entered into,it shall not knowingly enter into any lower tier covered transaction with a person who
is proposed for debarment under 48 CFR Part 9,subpart 9.4,debarred,suspended,declared ineligible,or
voluntarily excluded from participation in this covered transaction,unless authorized by the department or agency
entering into this transaction.
7.The prospective primary participant further agrees by submitting this proposal that it will include the clause
titled''Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion-Lower Tier Covered
Transaction,'provided by the department or agency entering into this covered transaction,without modification,in
all lower tier covered transactions and in all solicitations for lower tier covered transactions.
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 may decide the method and frequency by which it determines the eligibility of its
principals.Each participant may,but is not required to,check the list of Parties Excluded from Federal
Procurement and Non-procurement Programs.
9.Nothing contained in the foregoing shall be construed to require establishment of a system of records in order
to render in good faith the certification required by this clause.The knowledge and information of a participant is
not required to exceed that which is normally possessed by a prudent person in the ordinary course of business
dealings.
10.Except for transactions authorized under paragraph 6 of these instructions,if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment
under 48 CFR Part 9,subpart 9.4,suspended,debarred,ineligible,or voluntarily excluded from participation in
this transaction,in addition to other remedies available to the Federal Government,the department or agency may
terminate this transaction for cause or default.
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Certification Regardina Debarment,Suspension.and Other Responsibility Matters-Primary Covered Transactions
(1)The prospective primary participant certifies to the best of its knowledge and belief,that its principals:
(a)Are not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded by
any Federal department or agency;
(b)Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or
performing a public(Federal,State or local)transaction or contract under a public transaction;violation of Federal
or State antitrust statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction of
record,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 Certification
1.By signing and submitting this proposal,the prospective lower tier participant is providing the certification set
out below.
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 and/or
debarment.
3.The prospective lower tier participant shall provide immediate written notice to the person to which this
proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous
when submitted or has become erroneous by reason of changed circumstances.
4.The terms covered transaction,debarred,suspended,ineligible,lower tier covered transaction,participant,
person,primary covered transaction,principal,proposal,and voluntarily excluded,as used in this clause,have
the meanings set out in the Definition and Coverage sections of 49 CFR Part 29.You may contact the person to
whom this proposal is submitted for assistance in obtaining a copy of those regulations.
5.The prospective lower tier participant agrees by submitting this proposal that,should the proposed covered
transaction be entered into,it shall not knowingly enter into any 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"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.(See below)
7.A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not proposed for debarment under 48 CFR Part 9,subpart 9.4,debarred,
suspended,ineligible,or voluntarily excluded from the covered transaction,unless it knows that the certification is
erroneous.A participant may decide the method and frequency by which it determines the eligibility of its
principals.Each participant may,but is not required to,check the List of Parties Excluded from Federal
Procurement and Non-procurement Programs.
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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 andlor debarment.
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
In executing this agreement,each signatory certifies to the best of his or her knowledge and belief,that:
1.No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any
person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an
officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any
Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any
cooperative agreement,and the extension,continuation,renewal,amendment,or modification of any Federal
contract,grant,loan,or cooperative agreement.
2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing
or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of
Congress,or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or
cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"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.
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 attorneys 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.
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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.govt2010/pdit2010-22705.pdf and
http://e docket.access.gpo.gov/2010/pdf/20 1 0-227 0 6.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 it
i.More than 80%of annual gross revenues are from the Federal government,and those revenues are greater
than$25,000,000;and
ii.The compensation information is not already available through reporting to the U.S.Securities and Exchange
Commission.
ARTICLE 28.SINGLE AUDIT REPORT
A.The parties shall comply with the requirements of the Single Audit Act of 1984,P.L.98-502,ensuring that the
single audit report includes the coverage stipulated in 2 CFR Part 200.
B.If threshold expenditures of$750,000 or more are met during the Subgrantee's fiscal year,the Subgrantee
must submit a Single Audit Report and Management Letter(if applicable)to TxDOTs Audit Office,125 East 11th
Street,Austin,TX 78701 or contact TxDOTs Audit Office at singleaudits @txdotgov
C.If expenditures are less than$750,000 during the Subgrantee's fiscal year,the Subgrantee must submit a
statement to TxDOTs Audit Office as follows:INe 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 Subgrantee will comply with the provisions of the Buy America Act(49 U.S.C.5323(j)),which
contains the following requirements:
Only steel,iron and manufactured products produced in the United States may be purchased with Federal funds
unless the Secretary of Transportation determines that such domestic purchases would be inconsistent with the
public interest,that such materials are not reasonably available and of a satisfactory quality,or that inclusion of
domestic materials will increase the cost of the overall project contract by more than 25 percent.Clear justification
for the purchase of non-domestic items must be in the form of a waiver request submitted to and approved by the
Secretary of Transportation.
ARTICLE 30.RESTRICTION ON STATE LOBBYING(applies to subrecipients 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
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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 NHTSAfunds from
engaging in direct communications with State or local legislative officials,in accordance with customary State
practice,even if such communications urge legislative officials to favor or oppose the adoption of a specific
pending legislative proposal.
ARTICLE 31.NONGOVERNMENTAL ENTITY'S PUBLIC INFORMATION[This article applies only to non-profit
entities.]
The Subgrantee is required to make any information created or exchanged with the Department pursuant to this
Grant Agreement and not otherwise excepted from disclosure under the Texas Public Information Act,available in
a format that is accessible by the public at no additional charge to the Department.[SB-1368,83rd Texas
Legislature,Regular Session,Effective 911113]
ARTICLE 32.PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE(applies to subrecipients
as well as States)
The State and each Subgrantee will not use 23 U.S.C.Chapter 4 grant funds for programs to check helmet usage
or to create checkpoints that specifically target motorcyclists.
ARTICLE 33.INTERNAL ETHICS AND COMPLIANCE PROGRAM
Subgrantee shall comply with Title 43 Texas Administrative Code§25.906(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.
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RESPONSIBILITIES OF THE SUBGRANTEE
A. Carry out all performance measures established in the grant, including fulfilling the law
enforcement objectives by implementing the Operational Plan contained in this Grant
Agreement
B. Submit all required reports to the Department(TxDOT)fully completed with the most
current information, and within the required times, as defined in Article 3 and Article 7 of
the General Terms and Conditions of this Grant Agreement.This includes reporting to the
Department on progress, achievements, and problems in monthly Performance Reports
and attaching necessary source documentation to support all costs claimed in Requests
for Reimbursement(RFR).
C.Attend grant related training as requested by the Department.
D.Attend meetings according to the following:
1.The Department will arrange for meetings with the Subgrantee to present status of
activities and to discuss problems and the schedule for the following quarter's work.
2.The project director or other appropriate qualified persons will be available to represent
the Subgrantee at meetings requested by the Department.
E. Support grant enforcement efforts with public information and education(PI&E)activities.
Salaries being claimed for PI&E activities must be included in the budget.
F. When applicable, all newly developed PI&E materials must be submitted to the
Department for written approval,through the TxDOT Electronic Grants Management
System(eGrants)system messaging, prior to final production. Refer to the Traffic Safety
Program Manual regarding PI&E procedures.
G_ For out of state travel expenses to be reimbursable,the Subgrantee must have obtained
the written approval of the Department,through eGrants system messaging, prior to the
beginning of the trip. Grant approval does not satisfy this requirement.
H_ Maintain verification that all expenses, including wages or salaries,for which
reimbursement is requested is for work exclusively related to this project.
I. Ensure that this grant will in no way supplant(replace)funds from other sources.
Supplanting refers to the us
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RESPONSIBILITIES OF THE DEPARTMENT
A. Monitor the Subgrantee's compliance with the performance obligations and fiscal
requirements of this Grant Agreement using appropriate and necessary monitoring and
inspections, including but not limited to:
1. review of periodic reports
2. physical inspection of project records and supporting documentation
3.telephone conversations
4. e-mails and letters
5.quarterly review meetings
6. eGrants
B. Provide program management and technical assistance.
C.Attend appropriate meetings.
D. Reimburse the Subgrantee for all eligible costs as defined in the project budget. Requests
for Reimbursement will be processed up to the maximum amount payable as indicated in
the project budget.
E. Perform an administrative review of the project at the close of the grant period to:
1.Ascertain whether or not the project objectives were met
2. Review project accomplishments(performance measures completed,targets achieved)
3.Account for any approved Program Income earned and expended
4. Identify exemplary performance or best practices
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GOALS AND STRATEGIES
Goal: To increase effective enforcement and adjudication of traffic safety-related laws
to reduce crashes,fatalities, and injuries.
Strategies: Increase and sustain high visibility enforcement of traffic safety-related laws.
Increase public education and information campaigns regarding enforcement
activities.
Goal: To reduce the number of alcohol impaired and driving under the influence of
alcohol and other drug-related crashes, injuries, and fatalities.
Strategy: Increase and sustain high visibility enforcement of DWI laws.
Goal: To increase occupant restraint use in all passenger vehicles and trucks.
Strategy: Increase and sustain high visibility enforcement of occupant protection laws.
Goal: To reduce the number of speed-related crashes, injuries, and fatalities.
Strategy: Increase and sustain high visibility enforcement of speed-related laws.
Goal: To reduce intersection-related motor vehicle crashes, injuries, and fatalities.
Strategy: Increase and sustain high visibility enforcement of Intersection Traffic Control
gy. (ITC)laws.
Goal: To reduce Distracted Driving motor vehicle crashes, injuries, and fatalities.
Strategies: Increase and sustain high visibility enforcement of state and local ordinances on
celluar and texting devices.
Increase public information and education on Distracted Driving related traffic
issues.
I agree to the above goals and strategies_
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BASELINE INFORMATION
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 vv be used to compare subsequent years local and
grant traffic enforcement activity_
Note:Baseline data used must be no older than 2016_
Baseline Year(12 months) From 1011/2016 To 9./3012017
Baseline Measure Arrests/Citations Written Warnings KA Crashes
Driving Under Influence(DUI) 246 0 1
Speed 7980 2875 2
Safety Belt 31 19 2
Child Safety Seat 0 0
Intersection Traffic Control
419 176 11
(ITC)
Distracted Driving Citations 0 0 0
Other Elements 0 0 6
If you have additional attachments,provide them on the"Attachments"page.
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LAW ENFORCEMENT OBJECTIVE/PERFORMANCE MEASURE
Objective/Performance Measure Target Number Not Applicable
Reduce the number of Driving Under Influence(DUI) 0
crashes to
Reduce the number of Speed-related crashes to 0
Reduce the number of Safety Belt-related crashes to 0
Reduce the number of Child Safety Seat-related crashes to X
Reduce the number of ITC-related crashes to 5
Reduce the number of Distracted Driving-related crashes to X
Number of Enforcement Hours 530
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 Snbgrantee acknowledge that Texas
Transportation Code Section 720.002 prohibits using traffic-offense quotas and agree that
nothing in this Agreement is establishing an illegal quota.
In addition to the STEP enforcement activities,the subgrantee must maintain baseline non-
STEP funded citation and arrest activity due to the prohibition of supplanting.
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PI&E OBJECTIVE/PERFORMANCE 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) 5
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OPERATIONAL PLAN
Zone Name: Zone 1
6300 Davis Blvd to 4800 Davis Blvd Zone 1 will include Davis Blvd from just north of
Zane Mid Cities down to the intersection of Davis and Blvd 26.Zone 1 will include the immediate
Location: area of the intersecting roads
Zone Hours : All day, excluding 0300 to 0600 in the morning
Zone Heat
Map: https-Pv vvv.dot_state.tx.us/'apps!egrantsi_I pload'776661-Zonel.pdf
(attach)
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OPERATIONAL PLAN
Zone Name: Zone 2
8000 North Tarrant Parkway- 9200 North Tarrant Parkway_Zone witl include North
Zone Tarrant Parkway from east of Smithfield to Precinct Line Road Zone will include the
Location: immediate area of intersecting roadways
Zone Hours : All day, excluding 0300 to 0600
Zone Heat
!slap: https:#z«vw.dot.state.tx.us!apps,egrants i_L?pload1776671-Zone2-pdf
(attach)
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OPERATIONAL PLAN
Zone Name:
Zone 3
Zone 6500-4800 Rufe Snow Drive.Zone will include Rufe Snow Drive from South of
Hightower down to Meadow Lakes Drive.Zone will include all the immediate areas of
Location: intersecting roadways
Zone Hears : All day_ excluding 0300-0600
Zone Heat
Map: https:!/www.dot_state.tx.usapps!egrants!_Upload'776672-Zone3_pd£
(attach)
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OPERATIONAL PLAN
Zone Zone 4
Name:
6200-7900 NE Loop 820. This zone will include all roads on the loop including Toll Ways:
Zone Service Roads, on and off ramps.The zone will start at the west city limits in the 6200 block
Location: and continue to the east city limits in the 7900 block.The zone will include the immediate
area of intersecting roadways
Zone All day_ excluding 0300-0600
Hours :
Zone Heat
Map: https:'?wmmv.dot.state.tx.usi apps/egrantst_Cpload1776673-Zone4.pdf
(attach)
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BUDGET SUMMARY
Budget Category I TxDOT Match Total
Category I -Labor Costs
(100) Salaries: $31,785.00 $0 1 $31,785.00
I ,
[(200) Fringe Benefits: $10,215.00 $3,427.12 1 $13,642.12 :
rSub-Total: $42,000.00 $3,427.12 $45,427.12
Category II -Other Direct Costs
(300) Travel: $0 $4,775.00 $4,775.00
(400) Equipment: $0 $0 $0
(500) Supplies: $0 $240.00 $240_00
x Contractual
(60°I 1 Services: $0 $2,500.00 $2,500.00
rn,,,,, $0 $0
$0
v uui i Miscellaneous:
Sub-Total: $0 $7,515.00 $7,515.00
Total Direct Costs: $42,000.00 $10,942.12
$52.94212
Category Ill -Indirect Costs
■ :
(800) Indirect Cost
I
Summary
1 Total Labor ,
$42,000.00 $3427.12 $45427.12
I Costs:
Total Direct 1
I $0 $7,515.00 $7.515.00
1 Costs:
Total Indirect
$0 $0 $0
Costs: ,
. , .
!Grand Total ,
$42,000_00 ! $10,942_12 $52,942.12
Fund Sources
(Percent 79_33% : 20_67% 1 :
Share):
Salary and cost rates will be based on the rates submitted by the Subgrantee in its grant application in
Egrants.
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