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Agenda Packet 01/25/2022 Town of Trophy Club 1 Trophy Wood Drive Trophy Club, Texas 76262 Meeting Agenda Packet TOWN OF TROPHY CLUB Town Council January 25, 2022 7:00 PM Council Chambers CALL TO ORDER AND ANNOUNCE A QUORUM - Mayor Fleury INVOCATION led by Pastor Jeff Brooks, Lake Cities Church of Christ PLEDGES led by Council Member Oldham Pledge of Allegiance to the American Flag. Pledge of Allegiance to the Texas Flag. PUBLIC COMMENT(S) This is an opportunity for citizens to address the Council on any matter. The Council is not permitted to discuss or take action on any presentations made. Presentations are limited to matters over which the Council has authority. Speakers have up to four (4) minutes or the time limit determined by the Presiding Officer. Each speaker must have submitted their request to speak by completing the Speaker's Form or may email mayorandcouncil@trophyclub.org ANNOUNCEMENTS AND REPORTS 1. Business Spotlight—Wingstop, Ms. Ryann Reid. (Mayor Fleury) 2. May 7, 2022 Election Update. (L. Vacek) 3. Fun Run 4 Kindness Update. (W. Carroll) 4. Government Finance Officers Association's Certificate of Achievement for Excellence in Financial Reporting. (W. Carroll) 1 PROCLAMATIONS 5. Issuance of Proclamation 2022-01 proclaiming February as Kindness Awareness Month in Trophy Club. (Mayor Fleury) 6. Issuance of Proclamation 2022-02 proclaiming February as Black History Month in Trophy Club. (Mayor Fleury) CONSENT AGENDA 7. Take appropriate action to approve the Regular Town Council Meeting Minutes dated December 13, 2021 and the Special Retreat Town Council Meeting Minutes dated January 15, 2022. (L. Vacek) 8. Take appropriate action to appoint Council Member Karl Monger to the Budget/Finance Council Sub-committee. (Mayor Fleury) 9. Take appropriate action to approve the Submission of the Annual Racial Profiling Report. (Chief Arata) 10. Take appropriate action to approve the Bid for the Sound Wall Repair. (M. Cox) 11. Take appropriate action to approve the application for Staffing for Adequate Fire and Emergency Response (SAFER). (J. Taylor) INDIVIDUAL ITEMS 12. Take appropriate action to adopt Ordinance 2022-01 Calling the Town of Trophy Club's General Election to be held May 7, 2022 for the purpose of electing one Council Member to Place 5 for a term to expire May, 2025; and one Council Member to Place 6 for a term to expire May, 2025. (L. Vacek) 13. Future Agenda Items List. (W. Carroll) ADJOURN One or more members of the Town Council may participate remotely using video conferencing pursuant to Chapter 551 of the Texas Government Code. The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 CERTIFICATION I certify that the above notice was posted on the bulletin board at Trophy Club Town Hall, 1 Trophy Wood Drive, Trophy Club, Texas, on Friday, January 21, 2022 by 5:00 p.m. in 2 accordance with Chapter 551, Texas Government Code. Leticia Vacek, TRMC/CMC/MMC Town Governance Officer/Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please contact the Town Secretary's Office at 682-237-2900, 48 hours in advance, and reasonable accommodations will be made to assist you. 3 � � � � ✓iI I I�u� i luu i,i l ilia i ii d,�� hY i j, u >�y f � iy�rril 4 Key Cates for May , 2022 General Election Tuesday,January 18, 2022 Due by 5PM to Due Date for Semi-Annual Report from Officeholders & Town Secretary at Town Hall Individuals that have filed "Campaign Treasurer Appointment" form. Requires notarization; notary services available @ Town Hall. With any document requiring notary service; please call 682-237-2900 to ensure notary availability Wednesday,January 19, 2022 through FIRST DAY to file "Application for Place on Ballot" Application February 18; 8AM-5PM weekdays only must be notarized; notary service available @ Town Hall Monday, February 7, 2022 through Time Period to place/post Election Signs (90 days total) Saturday, May 7, 2022 Friday, February 18, 2022 Due by 5PM to LAST DAY for filing Application for Place on Ballot. Please note Town Secretary at Town Hall that each individual's documents take at least 15 minutes to process. Application must be notarized; notary services available @ Town Hall Thursday, February 24, 2022 @ Town Hall Town Secretary Conducts Drawing for Order of Names on Ballot at 9:30AM —EOC Room Friday, February 25, 2022 by 5PM to Town LAST DAY for Candidate(s)to Withdraw Name from the Ballot Secretary @ Town Hall Thursday, April 7, 2022 by 5PM to Town DUE DATE to file 30-Day Before Election Report of Campaign Secretary @ Town Hall Contributions and Expenditures Thursday, April 7, 2022 by 5PM at your LAST DAY to Register to Vote in the May 7, 2022 General Election respective County(Denton or Tarrant) or request transfer of registration Monday, April 25, 2022 FIRST DAY of Early Voting by Personal Appearance Tuesday, April 26, 2022 at your respective LAST DAY for Denton/Tarrant County to accept application for a County(Denton or Tarrant) mail ballot;to be able to vote by mail Friday, April 29, 2022 by 5PM to Town DUE DATE to file 8` Day Before Election Report of Campaign Secretary @ Town Hall Contributions and Expenditures Tuesday, May 3, 2022 LAST DAY of Early Voting by Personal Appearance Saturday, May 7, 2022 ELECTION DAY—7:OOAM—7:OOPM May 10-16, 2022 Timeframe for Early Voting Ballot Board to meet to count ballots received from outside the US May 10-18, 2022 Timeframe for Official Canvass Tuesday, May 17, 2022 Special Mtg @7PM Official Canvass of May Election Results by Town Council/Swear- In Council Members-Elect, Council Chambers Thursday, May 17, 2022 LAST DAY to remove Election Signs Saturday,June 18, 2022 Run-Off Election Date; if necessary, Early Voting dates TBA Friday,July 15, 2022 Due Date for Semi-Annual Report from Officeholders & Individuals that have filed "Campaign Treasurer Appointment" form. 5 LVacek/1-7-2022 TOWN OF TROPHY CLUB TOWN COUNCIL SPECIAL MEETING RETREAT MINUTES Saturday,January 15,2022 The Trophy Club Town Council met in a Special Session Meeting on January 15,2022,at 9 AM.The meeting was held at Aloft Hotel,Tactic A,96 Trophy Club Drive,Trophy Club,Texas 76262. TOWN COUNCIL MEMBERS PRESENT: Alicia L. Fleury Mayor Greg Lamont Mayor Pro Tern, Place 1 Jeff Beach Council Member, Place 2 Dennis Sheridan Council Member, Place 3 Karl Monger Council Member, Place 4 LuAnne Oldham Council Member, Place 5 Philip Shoffner Council Member, Place 6 STAFF PRESENT: Wade Carroll Town Manager Leticia Vacek Town Governance Officer/Town Secretary/RMO David Dodd Town Attorney Patrick Arata Police Chief Jack Taylor Fire Chief Tony Jaramillo Director of Parks and Recreation Matt Cox Director of Community Development Mike Erwin Finance Manager Debra Edmonson Senior Administrative Assistant CALL TO ORDER AND ANNOUNCE A QUORUM Mayor Fleury called the meeting to order at 9:08 am with a quorum present. INVOCATION Director of Parks& Recreation delivered the Invocation. PLEDGES Council Member Beach led the pledges to the United States Flag and Texas Flag. PUBLIC COMMENTS Mayor Fleury asked if anyone had registered to speak. Town Governance Vacek confirmed nobody had registered. CONSENT ITEMS 1. Take appropriate action to ratify purchase order 22-00083 for the replacement of the Community Development truck in the amount of$28,050.(M.Cox) 2. Take appropriate action to approve purchase order 22-00041 or the replacement of the Facilities Maintenance truck in the amount of$36,979.(M.Cox) Mayor Pro Tern Lamont moved to approve consent Items 1 and 2. Council Member Beach seconded the motion. The motion carried as follows: AYE: Sheridan, Beach, Monger,Oldham,Shoffner, Mayor Pro Tern Lamont and Mayor Fleury NAY: None ABSENT: None COUNCIL RETREAT/GOAL SETTING SESSION 3. Discussion of the Town of Trophy Club's strategic direction for next 3-5 years.(W.Carroll a)Development of the Town's Vision and Mission Statements and to define strategic focus areas. b) Budgetary Update and discussion of future budgetary strategy c) Discussion of American Rescue Plan Act funding strategy d) Discussion of Citizen Survey driven projects Town Manager Carroll noted the items to be discussed under Item 3 and began with the Town's Vision and Mission Statements. Discussion ensued on the Town's current Mission Statement concerning attracting more visitors. Council Member Oldham recommended installing digital entrances at Trophy Club Parks make the entrances more attractive and bring in day residents. Mayor Fleury recommended attracting Motocross Races and mentioned the great individual videos created for each Park. Council Member Shoffner recommended adding in the designation of Golfing. A discussion was held relating to a residential and recreational community. Council Member Beach recommended removing the word "vision" and replacing it with "enhance". Council Member Monger recommended the statement begin with the word "Ensuring". A recommendation was made to remove the words "property owners" and add "Community Based Organizations". Also discussed was; "Serving the Community" by collaborating, supporting, and productively promoting interest and prioritizing. Mr. Carroll stated that he would provide the Council updated Vision and Mission Statements based on Council input. The retreat was recessed at 10:15 am for a break. The retreat reconvened at 10:35 am. At this time, Mr. Carroll reviewed the following focus areas of: Safety & Security; Infrastructure & Development; Nature & Beautification,Administrative&Financial Services and Employee Development. He asked the Mayor and Council to participate in an exercise providing by placing what each would like to see under each focus area. SAFETY&SECURITY Maintain Safest City& ISO 1 Designations Community Outreach Continuing High Levels of Training State of the Art Plan for Maximum Staffing Maintain Current Levels and Plan for Maximum Staffing Systematically Reduce Response Time(EMT) Mayor Fleury and Council Member Shoffner spoke of the importance of continued Police Officer Training. INFTRASTRUCTURE&DEVELOPMENT Traffic Planning not just Intersections Emphasize the permitting process and work towards a friendly process Ease the remodeling permit process while ensuring safety Continue addressing aging infrastructure of drainage and streets,etc... Maintain roads;focus on panel replacements instead of full replacement Drainage Improvements/Pedestrian Pathways Flood Engineering Review Fencing requirements Maintain TC Roads,trails,and pathways Plan for Redevelopment Encourage Wireless Mayor Fleury and Mayor Pro Tern Lamont recommended videos on Pedestrian Safety. Council Member Shoffner recommended continuing to maintain streets with panel replacement. Council Member Monger asked that Trophy Club Trails located off Durango be maintained and to provide a replacement plan for the trails. Mayor Fleury mentioned the Connectivity Ad Hoc Committee's purpose and forthcoming recommendation would help to fulfil same. Council Member Oldham commented on 3 the 7,000 people that Schwab Headquarters will hire and to begin looking at ways to mitigate traffic congestion on Bobcat Blvd. Mr. Carroll mentioned his meeting with Denton County Commissioner Dianne Edmondson to assist with Bond Funds for a roundabout at Bobcat. A discussion was held on altering school hours to help alleviate traffic congestion. With regards to drainage, Council Member Shoffner stated he is not a fan of drainage studies as they are expensive and very little is done to rectify the situation after the study has been performed. Council Member Sheridan recommended reviewing all Zoning for areas that are 5 to 15 years old and asked of other technology other than fiber. Mayor Fleury thanked the Development Services Department Staff for changing the culture to date. She mentioned she has had two different developers compliment the great service provided. ADMINISTRATIVE&FINANCIAL SERVICES Work the Budget not the Tax Rate Reduce the Tax Rate Streamline the Budget Find new Revenue Sources not a reduction in service Develop a Plan to attract more businesses Consider long term; cannot keeping reducing taxes without a reduction in service. Give more detailed financial reporting to Council—Monthly Keep service levels the same but continue to improve Plan on Absorbing the MUD Continue seeking grant opportunities Mayor Pro Tern Lamont discussed cutting taxes as valuations and assessments keep increasing. Mayor Fleury stressed the importance of projecting long-term for the Town. Council Member Oldham recommended reviewing projections 3-5 years out before deciding to reduce. Council Member Monger stated the tax rate should be the lowest possible in order to run the Town. Council Member Shoffner stated the importance of reviewing each department to see what can be removed,implemented for efficiencies. He commented on Town Governance Officer Vacek for bringing in the innovative agenda software program that is costing less than the previous legacy system. Mayor Fleury recommended grant funding be a priority for the Town. Mr. Carroll stated that Ms. Otterson is reviewing all available grants for the Town. Council Member Shoffner complimented the Town's departments working collaboratively with the Town Manager and exclaimed how refreshing it was that staff are listening. Finance Manager Erwin noted the budget is being streamlined for Council. NATURE&BEAUTIFICATION/RECREATION Maintain Streets&Medians Trophy Club Park Improvements Create/Promote more Park activities Disc Golf Tournaments (National Association to endorse our Course) Promote and Enhance Trophy Club Parks Promote Town Assets; promote more use by Residents/None-residents Brand Plan and promote events to increase hotel stays Utilize volunteer and high school students looking to fulfill service hours Track usage by residents and non-residents The Council discussed hosting fishing and kayaking tournaments. Mayor Fleury recommended renegotiating the lease with the Corp of Engineers/Federal Government. The road was discussed and Mr.Carroll stated that there are 2 years left on the Park Lease and the Government is ready for the negotiation phase as they do not want this area. Mayor Pro Tern Lamont recommended making it a Regional Park in conjunction with Southlake and Roanoke. Council Member Shoffner mentioned the importance of staying in control by not giving that up. Council Member Oldham stated if the Town releases control and allows the Government to drive the negotiations, the Town would lose as the Government has professionals in this arena. Mayor Fleury suggested a specialized professional for this project. Mr. Carroll discussed the Youth Sports Contracts within the Town Parks. Council Member Shoffner asked how much involvement in the Community the Town has with the Soccer, Baseball,etc...and what is the cost for the Town to maintain the medians versus the Park areas. Council Member Shoffner recommended outsourcing as much as possible and utilize volunteers to mow, etc... Parks & Recreation Director Jaramillo stated the staff do a great job at the Parks and that a Volunteer Group is being created that would become a non-profit like TCEVA to help with events and seek grants. Mayor Fleury and the Council praised Mr.Jaramillo and his team. Mayor Fleury added that the Parks Team is the Backbone to Trophy Club. 3 The meeting was recessed for lunch at 12 noon. The meeting was reconvened at 1:10 pm. EMPLOYEE DEVELOPMENT Flexibility Mindset to look forward and be prepared Training focus to develop potential and increase longevity Set up opportunities for employees and residents to interact Training Toastmasters Build Leaders Feature employees to the Residents Set employees up for future success A discussion was held on training staff for the unexpected as well as setting up all employees for success. Council Member Shoffner recommended bridging staff with the Community. It was stated that at this time, staff is lean but do not want to become too lean to where staff begins to leave. A recommendation was made to have Town Staff give a short presentation at Rotary on "What I Do for the Town". A discussion followed regarding increasing longevity, staying flexible, providing training as well as having a two-way respectful relationship when supporting each other as a Team. A discussion was held on the Capital Replacement Fund, Big Picture Budgeting, Fire and Police Departments. Finance Manager Erwin presented various scenarios regarding the financial aspect of the Town. A discussion was held on adding two Police Officers within the next 2 years and adding three firefighters with the assistance of a grant. A discussion was held on the American Rescue Plan Act Funds and Mr. Carroll covered the projected build-out to 2025. Staff received direction on a grant application for the Fire Department,which will be placed on the next agenda. Mayor Fleury recessed the meeting to go into Executive Session at 4:19 pm. 4. Executive Session pursuant to the following section of the Texas Government Code, Annotated, Chapter 551 (Texas Open Meetings Act). Section 551.074 Personnel Matters a) Discussion and possible action on the creation of a Community Development Council Subcommittee and subsequent appointment of Council Members as appropriate. b) Discussion of the Mayor's candidate for open position son the citizens Connectivity Ad Hoc Committee for possible approval by full Council. The Council reconvened into open session at 4:53 pm. No action was taken on Item 4a. With regards to Item 4b, Mayor Pro Tern Lamont moved to appoint Connie White to the Citizen's Connectivity Ad Hoc Committee. Council Member Monger seconded the motion. The motion carried as follows: AYE: Sheridan, Beach, Monger,Oldham,Shoffner, Mayor Pro Tern Lamont and Mayor Fleury NAY: None ABSENT: None ADJOURNMENT Mayor Fleury adjourned the meeting at 4:54 pm. Alicia L. Fleury, Mayor Attest: Leticia Vacek,TRMC/CMC/MMC Town Governance Officer TOWN OF TROPHY CLUB TOWN COUNCIL REGULAR SESSION MINUTES Thursday, December 13,2021;7 PM The Trophy Club Town Council met in a Regular Meeting on Thursday, December 13,2021.The meeting was held at Town Hall, 1 Trophy Wood Drive in the Council Chambers. TOWN COUNCIL MEMBERS PRESENT: Alicia L. Fleury Mayor Greg Lamont Mayor Pro Tern, Place 1 Jeff Beach Council Member, Place 2 Dennis Sheridan Council Member, Place 3 Karl Monger Council Member, Place 4 LuAnne Oldham Council Member, Place 5 Philip Shoffner Council Member, Place 6 (participated via Video Conference) STAFF PRESENT: Wade Carroll Town Manager Leticia Vacek Town Governance Officer/Town Secretary/RMO David Dodd Town Attorney Patrick Arata Police Chief Jack Taylor Fire Chief Tony Jaramillo Director of Parks and Recreation Matt Cox Director of Community Development Mike Erwin Finance Manager Jill Lind Communications& Marketing Manager CALL TO ORDER AND ANNOUNCE A QUORUM Mayor Fleury called the meeting to order at 7 pm with a quorum present, noting that Council Member Shoffner was participating via Video Conference for tonight's Council Meeting. On behalf of the Trophy Club Town Council, Mayor Fleury wished everyone a Happy Holiday Season and Merry Christmas. She reported the 2022 Town Council Meetings would resume to meeting on the second and fourth Tuesdays of each month. Mayor Fleury acknowledged Council Member Monger's recent achievement of receiving straight A's with his LPC practicum for the last three years,with his internship left to complete. INVOCATION Pastor Joel Quile, Bara Church,delivered the Invocation. He prayed for blessings for the Town,for all to say and show it while serving and helping neighbors, knowing this is a happy season for so many, but also a sad season with empty seats at the Holiday celebrations. He asked that everyone look for those that need extra love, to give the Town Council wisdom and discernment with their decisions,to protect the First Responders,to demonstrate love and kindness in our world, and to use Trophy Club as an example of what a community is intended to be,and for the Gift of Life. PLEDGES Council Member Monger led the pledges to the United States Flag and Texas Flag. PUBLIC COMMENTS Mayor Fleury asked if anyone had registered to speak. Town Governance Officer/Town Secretary Vacek confirmed 1 speaker had signed up for Public Comment. Ms.Jennifer Olson, 340 Inverness Drive,Trophy Club, Texas, shared an article written this past year by Dave Leber, Watch Dog of Dallas Morning News, regarding the selling of personal data without encryption. She referenced recently passed Senate Bill 15, Senate Bill 16, Senate Bill 475, House Bill 3741, House Bill 3744, House Bill 3746, and House Bill 4164; six of these seven bills passed in Tarrant County by Senator Jane Nelson and State Representative Giovanni Capriglione. Ms.Olson encouraged Trophy Club Council Members to review Senate Bill 475 and reach out to Senator Nelson and State Representative Capriglione regarding their opinion on license plate readers. 10 ANNOUNCEMENTS AND REPORTS 1. Update on Veteran's Memorial Park.(W. Carroll) Town Manager Carroll reported the Veteran's Memorial Project is well underway, with an artist commissioned to take care of the monument as well as rebuild each armed forces' plaques, add a memorial tile for Space Force, add a POW MIA Monument adjacent to the fallen soldier monument, add direct access to the parking lot that includes two handicap spaces for van accessibility, and update the landscaping. Mr. Carroll stated the cost for the project is under $15,000, with Hotel Occupancy Funds to be used to fund this project. Council Member Monger reminded residents of the sale of fundraising bricks. Mr.Carroll added the Town website provides information for the purchase of these bricks. 2.Update on Blood Drive to be held December 15,2021,at Town Hall.(W.Carroll) Mr.Carroll reported that Trophy Club is teaming up with Carter Blood Care to host a Blood Drive on December 15,2021,at Town Hall from 8 am—4 pm. Mr.Carroll encouraged everyone to participate in this life saving activity and check out the website for additional information. 3. Update on Wreaths Across America Mission to be held December 18,2021.(W.Carroll) Mr.Carroll, in conjunction with the Metroport Veterans Association,stated this important event would be held on Saturday, December 18, 2021, at 11 am with the placing of wreaths on the 75 veteran graves at Medlin Cemetery. He shared this important event is a wonderful opportunity to teach children and neighbors of the sacrifices these veterans had made and would be the third year that Trophy Club has participated in this National Event and encouraged everyone to take time to participate in this honorable event. Mayor Fleury acknowledged and thanked Parks&Recreation Director Jaramillo and his team for an outstandingjob decorating the Town for the Holiday Season and putting together the Christmas in the Park. She added she is looking forward to next year's event. CONSENT AGENDA 4. Take appropriate action to approve the Regular Town Council Meeting Minutes of November 11,2021.(L.Vacek) 5. Take appropriate action on authorizing an agreement for creek inspections and creek maintenance between the Town of Trophy Club and Latour Tree Service for a fee not to exceed$40,000.00(M.Cox) 6. Take appropriate action to approve a Professional Services Agreement with the HE Planning+Design,LLC for on-call planning services for the Town,for a fee not to exceed$25,000.00.(W.Carroll) 7. Case TUP 21-001(PD-30 Lot 2) Take appropriate action to approve Resolution 2021-18 for a request for a Temporary Use Permit to allow a construction trailer on Trophy Town Center Addition Block A, Lot 2,generally located approximately 730 feet east of Trophy Club Drive and approximately 100 feet north of SH 114,currently zoned PD-30,Planned Development. (D.Jones and M.Cox) Mayor Pro Tern Lamont made a motion to approve Consent Agenda Items 4, 5, 6, and 7. Council Member Monger seconded the motion. The motion carried as follows: AYE: Sheridan, Beach, Monger,Oldham,Shoffner, Mayor Pro Tern Lamont and Mayor Fleury NAY: None ABSENT:None �l INDIVIDUAL ITEMS 8. Presentation by OneSource for Fiber Project.(W.Carroll) Mr.Carroll reported he has been working with OneSource the last couple of months regarding the proposed Fiber Optic Project for the south and east part of Trophy Club and introduced Mr. Bryan Davis, OneSource Texas Sales & Service Director. Mr. Davis gave a presentation on the Fiber Optics Project for the under-served areas. He stated with many citizens working from home,balancing children's gaming platforms,streaming TV programs,Zoom calls,etc.,OneSource was committed to providing reliable service to the communities that do not have fiber optics in place, as well as providing local superior service support. He stated the fiber would be brought directly into the homes that would include setting up a box inside each garage. He reported that no additional capital funds would be requested from the Town to support OneSource building this fiber network as well as zero capital on the expense to the users and homeowners. Packages would be offered as low as$49.99-$69.99. He also added there would be no DSL or Cable Plant and residents would appreciate the services that were being offered. Mayor Pro Tern Lamont asked which neighborhoods would be included in the project.Mr.Carroll stated this multi-phase project would include south of Durango Street and work towards the east part of Town and should take around 6 months to complete. Mr. Davis added that OneSource is interested in participating in HOA and local events, digital campaigns, digital banners, announcements, and any community forum that could reach the residents on who/what/when/where to expect from OneSource's Fiber Optic Project, including direct mailers and flyers. He reported the communication to Trophy Club residents would begin within 2 weeks. Mayor Fleury thanked Mr. Davis for his presentation on this much-needed service to Trophy Club. A discussion followed regarding the wiring installation for the individual homes. Council Member Sheridan asked if any trenching of trees or retaining walls would be involved. Mr. Davis confirmed these property areas would not be involved. 9. Take appropriate action on the Contract Renewal for Audio-Visual Services with Five Stone Creative for Creative Media Management and Video Production Services.(J Lind) Marketing&Communications Manager Lind delivered a PowerPoint presentation for the renewal of the Audio-Visual Services with Five Stone Creative. Ms. Lind stated the contract would be based on the 2022 and 2023 Fiscal Year Budget for a total of $48,000. The contract renewal would include 20 videos with 60 completed video minutes for the 2022 Calendar Year,adding Still Photography that best represents the Town events and guests for historical and future marketing purposes,up to 30 hours per year of copywriting as needed for various Town communication, and quarterly consultation with the Communication Department to discuss needs and plans ahead. A discussion followed regarding the total project amount. Mayor Fleury complimented Ms. Lind on the work she produces for all Town communication and agreed that additional help with videos would be beneficial,as videos are the most engaging form of communication and help showcase the Town. Council Member Shoff ner congratulated Ms. Lind on a job well done. Council Member Oldham shared when looking at other city websites,Trophy Club is leading. Council Member Shoff ner made a motion to approve the Contract Renewal for Audio-Visual Services with Five Stone Creative for Creative Media Management and Video Production Services. Council Member Monger seconded the motion. The motion carried as follows: AYE: Sheridan, Beach, Monger,Oldham, Mayor Pro Tern Lamont,and Mayor Fleury NAY: None ABSENT:None 10. Case SUP 21-006(Pet Bar—located at PD-30/Town Center) a. Conduct a Public Hearing regarding a request by Pet Bar for a Specific Use Permit at Trophy Club Town Center, generally located at the northeast corner of Trophy Club Drive and SH 114 in the Town of Trophy Club, Denton County,Texas,currently zoned PD-30, Planned Development. (M.Cox) Mayor Fleury declared the Public Hearing open at 7:29 pm. Ms.Vacek confirmed there were no speakers signed up for the Public Hearing. Community Development Director Cox gave a power point presentation on the request for the Pet Bar for a Specific Use Permit. Mr.Cox stated the previous SUP request had expired and Pet Bar had signed a new contract for a new location. Notices were sent to those within the 200 feet radius. Mayor Fleury asked if the original SUP request remained the same,except for the location. Mr.Cox confirmed this was correct. Council Member Sheridan recommended Exhibit B be added to the proposed Ordinance 2021-27. A discussion followed. Mayor Fleury declared the Public Hearing closed at 7:32 pm. Mr.Cox confirmed the original Ordinance written did not specify locations but the new SUP,when approved by P&Z, listed the specific location. Council Member Shoffner recalled when the original SUP was approved for the PD and questioned why it was coming back to Council for approval as this should cover the entire PD-30, rather than require a more specific location. Mr. Carroll explained the item was specific in the application for the SUP, as it did give an exact location, and the specific use was allowable for the entire PD-30 but requires a SUP when brought to Council. Council Member Shoffner recommended Council be broader to approve for the entire PD-30. Mr.Carroll stated this is how it was written for that specific building. b. Take appropriate action to adopt Ordinance 2021-27 to approve a Specific Use Permit for Pet Bar at Trophy Club Town Center. (M.Cox) Mayor Pro Tern Lamont made a motion to adopt Ordinance 2021-27 to approve a Specific Use Permit for Pet Bar at Trophy Club Town Center, generally located at the northeast corner of Trophy Club Drive and SH 114 in the Town of Trophy Club, Denton County,Texas, currently zoned PD-30, Planned Development. Council Member Shoffner seconded the motion. The motion carried as follows: AYE: Beach, Monger,Oldham,Shoffner, Mayor Pro Tern Lamont and Mayor Fleury NAY: Sheridan ABSENT:None 11. Case PD 21-003(The Trophy Townhomes—401 Trophy Wood Drive) a. Conduct a Public Hearing regarding a request to rezone and establish a Planned Development for up to seven (7) townhome lots along with one open space lot and one common private street lot on property described as Lot 3R2, Block A,Trophy Wood Business Center,an addition to the Town of Trophy Club, located at 401 Trophy Wood Drive in the Town of Trophy Club,Tarrant County,Texas,currently zoned PD-25, Planned Development. (M.Cox) Mayor Fleury declared the Public Hearing open at 7:36 pm. Mr.Cox gave a presentation on the proposed project with the current zoning in place since 2002. Mr.Cox stated the Planning&Zoning Commission approved the proposed project with the following conditions: 1).Applicant to use all architectural enhancements 2). Remove the pitch roof 3). Be more specific on the HOA 4).Add language prohibiting accessory structures Ms.Vacek confirmed there were no speakers signed up for the Public Hearing. Mayor Fleury declared the Public Hearing closed at 7:41 pm. b. Take appropriate action to adopt Ordinance 2021-25 to approve the rezoning for a Planned Development for up to seven (7)townhome lots. (M.Cox) Mayor Pro Tern Lamont made a motion to adopt Ordinance 2021-25 to approve the rezoning for a Planned Development for up to seven (7)townhome lots. Council Member Monger seconded the motion. The motion carried as follows: AYE: Sheridan, Beach, Monger,Oldham,Shoffner, Mayor Pro Tern Lamont and Mayor Fleury NAY: None l� ABSENT:None Council Member Sheridan referenced page 73 and questioned if the 2,500 square footage of the dwelling space was air- conditioned space only. The applicant confirmed this was correct. Council Member Sheridan referenced page 82 of the Agenda Packet, Exhibit C, Note 2 regarding the median opening on the left-hand turn to be constructed. He asked if approved by Staff, was there a plan? Mr. Carroll stated he was meeting with the Town Engineers on December 14, 2021,to review the median, with the assumption the median would be removed. 12. Case PP 21-2007(The Trophy Townhomes Preliminary Plat) Take appropriate action to approve the request for a Preliminary Plat consisting of seven (7) townhome lots along with one open space lot and one common private street lot on property described as Lot 3R2, Block A,Trophy Wood Business Center, an addition to the Town of Trophy Club, located at 401 Trophy Wood Drive in the Town of Trophy Club,Tarrant County,Texas,currently zoned PD-25, Planned Development. (M.Cox) Mayor Pro Tern Lamont made a motion to approve the request for a Preliminary Plat consisting of seven (7) townhome lots along with one open space lot and one common private street lot on property described as Lot 3R2, Block A,Trophy Wood Business Center,an addition to the Town of Trophy Club,located at 401 Trophy Wood Drive in the Town of Trophy Club,Tarrant County,Texas,currently zoned PD-25,Planned Development. Council Member Beach seconded the motion. The motion carried as follows: AYE: Sheridan, Beach, Monger,Oldham,Shoffner, Mayor Pro Tern Lamont and Mayor Fleury NAY: None ABSENT:None 13. Case PD-21-004(Beck Townhomes East of Bobcat Blvd&North of BNHIS) a. Conduct a Public Hearing regarding a request to rezone and establish a Planned Development for up to 35 townhome lots along with open space lots on two tracts totaling approximately 4.9 acres located east of Bobcat Boulevard and north of Byron Nelson High School in the Town of Trophy Club, Denton County,Texas currently zoned MH, HUD-Code Manufactured Home and Industrialized Housing District. (M.Cox) Mayor Fleury declared the Public Hearing open at 7:45 pm. Mr. Cox reported that after Council tabled this item,the applicant withdrew his original application and then re-applied. The new revisions include 35 staggered townhomes on two properties with the most significant revision occurring on the northern side with one townhome unit eliminated and the remaining units arranged in 3 banks around the loop drive so that all units are 30 feet from neighboring properties. The Planning&Zoning Commission approved this request on December 1,2021,with the following requirements: 1). Meet or exceed the buffer typical to Trophy Club single-family standards; 2). Include sidewalk standards; 3) Indicate landscaping along the perimeter; 4) Shift northwest parking further west and realign the private road; and 5).Consider removing Lot 33. Mr. Hitesh Shah, 1752 Halifax Street,Trophy Club,Texas shared his opinion and suggestions regarding the proposed project. Mayor Fleury declared the Public Hearing closed at 7:57 pm. b. Take appropriate action to adopt Ordinance 2021-28 for the request to rezone approximately 4.9 acres located east of Bobcat Boulevard and north of Byron Nelson High School from MH, HUD-Code Manufactured Home and Industrialized Housing District to a PD, Planned Development District to construct 35 townhomes. (M.Cox) Mayor Pro Tern Lamont made a motion to adopt Ordinance 2021-28 for the request to rezone approximately 4.9 acres located east of Bobcat Boulevard and north of Byron Nelson High School from MH, HUD-Code Manufactured Home and Industrialized Housing District to a PD, Planned Development District to construct 35 townhomes. Council Member Monger seconded the motion. �4 Mr. Beck presented a detailed PowerPoint presentation for the proposed project. Council Member Oldham recommended the following be included with the proposed project: 1) Record Owner to abandon all pipeline easements located within the potential plat for the development by separate instrument and denoted on the final plat; 2) Record Owner to convey by separate instrument and denote on the final plat stating the reserved private road easement located within the potential plat for the development with the HOA so there are no holdovers;3)Community be gated;and 4) Metal fencing above the retaining wall. Mr. Beck accepted all the recommendations stated. Mayor Pro Tern Lamont amended the previous motion to include: 1) a gated community, 2) 2,300 square feet be designated as A/C living space,including vestibules but not breezeways,3)5-foot maintenance easement along the Roanoke retaining wall; 4) Page 109 Number#9 should read "rooftop equipment shall be screened from view and the top of the equipment shall not be higher than the top of the parapet wall",5) No gas well head can be on any buildable area of any lot; and 6) record owner to abandon all pipeline easements located within the potential plat for the development by separate instrument to be noted on the final plat and record owner to convey by separate instrument with a denotation on the final plat of same, saying the reserve private road easement located within the potential plat for the development to the HOA to be donated on the final plat. Mr.Carroll asked Council Member Oldham for clarification on the gated community. He mentioned a gate on that roadway at the beginning of the property is sufficient along with the rod iron fencing on the retaining walls, but not completely enclosing the property with a rod iron fence. Council Member Oldham confirmed this was correct and the purpose is to help with pedestrian and vehicle traffic. Council Member Shoffner asked if there is any indication of the location of the gas well sites. Mr. Carroll stated the Town has not seen the plat that displays the location of the gas well sites, but the developers have confirmed these sites are in the streets. Council Member Sheridan confirmed that the language does outline that the developer must comply with the same regulations and rules as the previous sites. Council Member Sheridan seconded the motion. The motion carried as follows: AYE: Sheridan, Beach, Monger,Oldham,Shoffner, Mayor Pro Tern Lamont and Mayor Fleury NAY: None ABSENT:None 14. Approve date for Trophy Club Retreat on January 8,2022,and the 2022 Trophy Club Town Council Regular Meeting Calendar every 2"d&4tn Tuesdays with exceptions denoted.(L.Vacek) Mayor Pro Tern Lamont made a motion to approve the date of January 8,2022,for the Trophy Club Retreat and to accept the 2022 Trophy Club Town Council Regular Meeting Calendar every 2"d&4t"Tuesdays,with exceptions denoted and changing the November 8, 2022, Meeting to a November 15, 2022, Meeting. Council Member Monger seconded the motion. The motion carried as follows: AYE: Sheridan, Beach, Monger,Oldham, Mayor Pro Tern Lamont,and Mayor Fleury NAY: None ABSENT:None 15. Take appropriate action to create a Joint Municipal Project Subcommittee of Two Council Members and an Alternate appointed by the Mayor for collaborating on joint projects related to the Municipal Utility District(MUD).(Mayor Fleury) Mayor Fleury reported she previously served on the Municipal Subcommittee with former Council Member Wilson,where they completed their charge with the approved Interlocal Agreement. The new Subcommittee would collaborate on the various joint Town and MUD Projects. Mayor Pro Tern Lamont made a motion to appoint Council Member Oldham and Council Member Sheridan as regular members and Council Member Beach as an alternate to serve on the Joint Municipal Project Subcommittee. Council Member Monger seconded the motion. The motion carried as follows: V AYE: Sheridan, Beach, Monger,Oldham, Mayor Pro Tern Lamont,and Mayor Fleury NAY: None ABSENT:None 16. Take appropriate action to Appoint Two members to the Connectivity Ad Hoc Committee to replace newly elected Council Members Jeff Beach and LuAnne Oldham.(Mayor Fleury) Mayor Pro Tern Lamont moved to accept the resignations from Council Member Oldham and Council Member Beach from the Connectivity Ad Hoc Committee and for the staff to advertise the two open positions. Council Member Oldham seconded the motion. The motion carried as follows: AYE: Sheridan, Beach, Monger,Shoffner,Oldham, Mayor Pro Tern Lamont,and Mayor Fleury NAY: None ABSENT:None 17. Future Agenda Items List(W.Carroll) Mr. Carroll presented the Future Agenda Items List. He reported the Request for Qualifications (RFQ) for a Landscape Architect had been finalized and would be sent out tomorrow for publication. Staff would review and narrow down the responses to two choices and submit to the Council Subcommittee, who would submit a recommendation to Council. No additional items were added at this time. The Council convened into Executive Session at 9:20 pm 18. Executive Session pursuant to the following section of the Texas Government Code, Annotated, Chapter 551 (Texas Open Meetings Act). Section 551.071 Consultation with Attorney—Litigation filed by Steve Norwood. The Council reconvened into Regular Session at 10:13 pm. 19. Take appropriate action regarding Executive Session. No action was taken regarding Executive Session. ADJOURNMENT Mayor Fleury adjourned the meeting at 10:13 pm. Alicia L. Fleury, Mayor Attest: Leticia Vacek,TRMC/CMC/MMC Town Governance Officer 7 TCTOWN OF * TROPHY CLUB T 'Irophy Wood Drive, Trophy Club, TX 76262 1 682.237.2900 1 iiifo��@ti-oph)7c]Eib.org N trophyclub.org To: Mayor Fleury and Town Council From: Leticia Vacek, Town Governance Officer CC: Wade Carroll, Town Manager Re: Appoint Council Member Karl Monger to the Budget/Finance Sub-Committee Date January 25, 2022 Agenda Item: Appointing Council Member Karl Monger to the Budget/Finance Council Sub-Committee. Strategic Link: Said item relates to the Administrative and Financial Services strategic priorities and goals of the Town's Strategy Map. Background and Explanation: In accordance with Section 1.02.033 of the Town of Trophy Club Code of Ordinances, three (3) members of Council are designated to serve on the Budget/Finance Council Sub-Committee to provide fiduciary oversight of the budget, as well as input regarding the administration of the budget and its process. Council Member Monger replaces former Council Member Greg Wilson and currently, Mayor Pro Tern Lamont and Council Member Shoff ner serve on the committee. Financial Considerations: N/A Legal Review: N/A Board/Commission/or Committee Recommendation: N/A Staff Recommendation: Staff recommends approval of the Appointment. Approval: , Mayor Alicia Fleury 17 TCTOWN OF * TROPHY CLUB T 'Irophy Wood Drive, Trophy Club, TX 76262 1 682.237.2900 1 iiifo��@ti-oph)7c]Eib.org trophyclub.org To: Mayor and Town Council From: Patrick Arata, Police Chief CC: Wade Carroll., Town Manager Leticia Vacek, Town Secretary/RMO Re: Annual Racial Profiling Report Town Council Meeting,January 25, 2022 Agenda Item: Receive Annual Racial Profiling Report; discussion of same (P. Arata). Strategic Link: Safety & Security Achieve exceeding high standards for public safety and low crime rate. Background and Explanation: This annual report is for Calendar Year 2020. The report was prepared and filed with the State by Del Carman Consulting. The attached Compliance Audit, Racial Profiling Law, for the Trophy Club Police Department was completed with the information provided from the Denton County Dispatch System. This is the Tier 2 State Racial Profiling Report required for submission to TCOLE no later than March 1, 2022. Financial Considerations: Not applicable. Legal Review: The Town Attorney has reviewed this item and concurs with the staff recommendation. Board/Commission/ or Committee Recommendation: Not applicable. Staff Recommendation: Staff recommends approval of the 2021 Annual Racial Profiling Report. Attachments: • Annual Racial Profiling Report 18 Page 1 of 1 i�y�� l'„�`�r ��/i✓�� it l� 1l ✓� � y jl0 i/rp � i�r � i�rrvs lrr✓l�l� ,,�l/✓� �i/ S�( �� r "�i�i��u�� ` �. IGr�� / J/, ✓.:. �� ✓,✓/ ✓, `,,;i ✓ i�, /` �� f. 1 ✓. 1 / ✓„ %%�i /� ✓, ,� ,�,✓ "Dr. Alex del Carmen's work on racial profiling exemplifies the very best of the Sandra Bland Act, named after my daughter. My daughter's pledge to fight for injustice is best represented in the high quality of Dr. del Carmen's reports which include, as required by law, the data analysis, audits, findings and recommendations. I commend the agencies that work with him as it is clear that they have embraced transparency and adherence to the law. " -Quote by �;eneva l�eed (cMotker of Sandra Rand) 1 January 10, 2022 Trophy Club City Council 1 Trophy Wood Drive Trophy Club, Texas 76262 a+ Dear Distinguished Members of the City Council, The Texas Legislature, with the intent of addressing the issue of racial profiling in policing, enacted in 2001, the Texas Racial Profiling Law. During the past year, the Trophy Club Policel Department, in accordance with the law, has collected and reported traffic and motor vehicle-related contact data for the purpose of identifying and addressing if necessary) areas of concern regarding racial profiling practices. In the 2009 Texas legislative session, the Racial Profiling Law was modified and additional requirements were implemented. Moreover, in 2017, �'%,,, ��Il the Sandra Bland Act was passed and signed into law (along with HB 3051 which introduced new racial and ethnic designations). The Sandra Bland Law requires that law enforcement agencies in the state collect additional data and provide a more detailed analysis. All of these requirements have been met by the Trophy Club Police Department and are included in this report. This particular report contains three sections with information on motor vehicle-related contact data. In addition, when appropriate, documentation is also a component of this report, aiming at demonstrating the manner in which the Trophy Club Police Department has complied with the Texas Racial Profiling Law. In section 1, you will find the table of contents. In section 2, the report includes documentation which demonstrates compliance by the Trophy Club Police Department relevant to the requirements as established in the Texas Racial Profiling Law. That is, you will find documents relevant to the training of all police personnel on racial profiling prevention and the institutionalization of the compliment and complaint processes, as required by law. In section 3, the report includes statistical data relevant to contacts (as defined by the law) which were made during the course of motor vehicle stops that took place between 1/1/21 and 12/31/21. In addition, this section contains the Tier 2 form, which is required to be submitted to this particular organization and the law enforcement agency's local governing authority, by March 1st of each year. The data in this report has been analyzed and compared to information derived from the U.S. Census Bureau's Fair Roads Standard. The final analysis and recommendations are also included in this report. The last section of the report contains the original draft of the Texas Racial Profiling Law, S131074, as well as the Sandra Bland Act (current law). Also, in this section, a list of requirements relevant to the Racial Profiling Law, as established by TCOLE (Texas Commission on Law Enforcement) is included. The findings in this report serve as evidence of the Trophy Club Police Department's commitment to comply with the Texas Racial Profiling Law. Sincerely, Alex del Carmen, Ph.D. 21 Table of Contents Introduction Letter to Council Members 2 Table of Contents 3 Responding to the Law Public Education on Filing Compliments and Complaints 4 Racial Profiling Course Number 3256 5 Reports on Compliments and Racial Profiling Complaints 11 Tier 2 Data (Includes tables) 13 Analysis and Interpretation of Data Tier 2 Motor Vehicle-Related Contact Analysis 23 Comparative Analysis 24 Summary of Findings 26 Checklist 27 Legislative and Administrative Addendum TCOLE Guidelines 29 The Texas Law on Racial Profiling 34 Modifications to the Original Law 41 Racial and Ethnic Designations 49 The Sandra Bland Act 50 Trophy Club Police Department Racial Profiling Policy 65 �14 I " I -� 1 3 PUBLIC EPUCATION ON RESPONPIN6 TO COMPLIMENTS ANP COMPLAINTS Informing the Public on the Process of Filing a Compliment or Complaint with the Trophy Club Police Department The Texas Racial Profiling Law requires that police agencies provide information to the public regarding the manner in which to file a compliment or racial profiling complaint. In an effort to comply with this particular component, the Trophy Club Police Department launched an educational campaign aimed at informing the public on issues relevant to the racial profiling complaint process. The police department made available, in the lobby area and on its web site, information relevant to filing a compliment and complaint on a racial profiling violation by a Trophy Club Police officer. In addition, each time an officer issues a citation, ticket or warning, information on how to file a compliment or complaint is given to the individual cited. This information is in the form of a web address (including in the document issued to the citizen), which has instructions and details specifics related to the compliment or complaint processes. It is believed that through these efforts, the community has been properly informed of the new policies and the complaint processes relevant to racial profiling. All Trophy Club Police officers have been instructed, as specified in the Texas Racial Profiling Law, to adhere to all Texas Commission on Law Enforcement (TCOLE) training and the Law Enforcement Management Institute of Texas (LEMIT) requirements. To date, all sworn officers of the Trophy Club Police Department have completed the TCOLE basic training on racial profiling. The main outline used to train the officers of Trophy Club has been included in this report. It is important to recognize that the Chief of the Trophy Club Police Department has also met the training requirements, as specified by the Texas Racial Profiling Law, in the completion of the LEMIT program on racial profiling. The satisfactory completion of the racial profiling training by the sworn personnel of the Trophy Club Police Department fulfills the training requirement as specified in the Education Code (96.641) of the Texas Racial Profiling Law. 23 j u rf RACIAL PROFILING IL COURSE NUMBER 3256 TEXAS COMMISSION ON LAW ENFORCEMENT SEPTEMBER 2001 r t Racial Profiling 3256 Instructor's Note: You may wish to teach this course in conjunction with Asset Jdaldl Forfeiture 3255 because of the related subject matter and applicability of the courses. If this course is taught in conjunction with Asset Forfeiture, you may report it under Combined Profiling and Forfeiture 3257 to reduce data entry. Abstract This instructor guide is designed to meet the educational requirement for racial profiling established by legislative mandate: 77R-SB1074. Target Population: Licensed law enforcement personnel in Texas Prerequisites: Experience as a law enforcement officer Le of Course: A suggested instructional time of 4 ours Length ugge h Material Requirements: Overhead projector, chalkboard and/or flip charts, video tape player, handouts, practical exercises, and demonstrations Instructor Qualifications: Instructors should be very knowledgeable about traffic stop procedures and law enforcement issues Evaluation Process and Procedures An examination should be given. The instructor may decide upon the nature and content of the examination. It must, however, sufficiently demonstrate the mastery of the subject content by the student. Reference Materials Reference materials are located at the end of the course. An electronic copy of this instructor guide may be downloaded from our web site at http://www.tcleose.state.tx.us. 24 Racial Profiling 3256 1.0 RACIAL PROFILING AND THE LAW 1.1 UNIT GOAL: The student will be able to identify the legal aspects of racial profiling. 1.1.1 LEARNING OBJECTIVE: The student will be able to identify the legislative requirements placed upon peace officers and law enforcement agencies regarding racial profiling. Racial Profiling Requirements: Racial profiling CCP 3.05 Racial profiling prohibited CCP 2.131 Law enforcement policy on racial profiling CCP 2.132 Reports required for traffic and pedestrian stops CCP 2.133 Liability CCP 2.136 Racial profiling education for police chiefs Education Code 96.641 Training program Occupations Code 1701.253 Training required for intermediate certificate Occupations Code 1701.402 Definition of"race or ethnicity" for form Transportation Code 543.202 A.Written departmental policies F.Vehicle stop report 1. Definition of what constitutes racial profiling 1. Physical description of detainees: 2. Prohibition of racial profiling gender, race or ethnicity 3. Complaint process 2. Alleged violation 4. Public education 3. Consent to search 5. Corrective action 4. Contraband 6. Collection of traffic-stop statistics 5. Facts supporting probable cause 7. Annual reports 6. Arrest B. Not prima facie evidence 7. Warning or citation issued C. Feasibility of use of video equipment G. Compilation and analysis of data D. Data does not identify officer H. Exemption from reporting - audio/video equipment E. Copy of complaint-related video evidence I. Officer non-liability to officer in question J. Funding K. Required training in racial profiling 1. Police chiefs 2. All holders of intermediate certificates and/or two-year-old licenses as of 09/01/2001 (training to be completed no later than 09/01/2003) - see 2 legislation 77R-SB1074 1.1.2 LEARNING OBJECTIVE: The student will become familiar with Supreme Court decisions and other court decisions involving appropriate actions in traffic stops. A. Whren v. United States, 517 U.S. 806, 116 S.Ct. 1769 (1996) 1. Motor vehicle search exemption 2. Traffic violation acceptable as pretext for further investigation 3. Selective enforcement can be challenged B. Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868 (1968) 1. Stop & Frisk doctrine 2. Stopping and briefly detaining a person 3. Frisk and pat down C. Other cases 1. Pennsylvania v. Mimms, 434 U.S. 106, 98 S.Ct. 330 (1977) 2. Maryland v. Wilson, 117 S.Ct. 882 (1997) 3. Graham v. State, 119 MdApp 444, 705 A.2d 82 (1998) 4. Pryor v. State, 122 MdApp. 671 (1997) cert. denied 352 Md. 312, 721 A.2d 990 (1998) 5. Ferris v. State, 355 Md. 356, 735 A.2d 491 (1999) 6. New York v. Belton, 453 U.S. 454 (1981) � �m rRruQNr�U�r� o oRG��l6 ?rt�r�or��m Rr rr 6 r n / a r r� 2.0 RACIAL PROFILING AND THE COMMUNITY 2.1 UNIT GOAL: The student will be able to identify logical and social arguments against racial profiling. 2.1.1 LEARNING OBJECTIVE: The student will be able to identify logical and social arguments against racial profiling. A. There are appropriate reasons for unusual traffic stops (suspicious behavior, the officer's intuition, MOs, etc.), but police work must stop short of cultural stereotyping and racism. B. Racial profiling would result in criminal arrests, but only because it would target all members of a race randomly - the minor benefits would be far outweighed by the distrust and anger towards law enforcement by minorities and the public as a whole . C. Racial profiling is self-fulfilling bad logic: if you believed that minorities committed more crimes, then you might look for more minority criminals, and find them in disproportionate numbers. D. Inappropriate traffic stops generate suspicion and antagonism towards officers and make future stops more volatile - a racially-based stop today can throw suspicion on tomorrow's legitimate stop. E. By focusing on race, you would not only be harassing innocent citizens, but overlooking criminals of all races and backgrounds - it is a waste of law enforcement resources. t�u�ii0ldlmINNN�O��dlmlmttrtmlNNi�dmW� wwuur�qr,�;�wu�awa��wwVwimw^;�io��mNiuiuuwionioimiuiuiiuiu�wiiuiuiiuiuwiy�UirNuiUiuiy�iuiiuNiUlr�rdimuioNWyyU, !�l�'wr",�nuww� ,�&w�wr�,'yW.�wu &r��6r � ��;. irrr �� ,r ti ii iii 111 J yl 1 r s i r e N 011110 3.0 RACIAL PROFILING VERSUS REASONABLE SUSPICION 3.1 UNIT GOAL: The student will be able to identify the elements of both inappropriate and appropriate traffic stops. 3.1.1 LEARNING OBJECTIVE: The student will be able to identify elements of a racially motivated traffic stop. A. Most race-based complaints come from vehicle stops, often since race is used as an inappropriate substitute for drug courier profile elements B. "DWB" - "Driving While Black" - a nickname for the public perception that a Black person may be stopped solely because of their race (especially with the suspicion that they are a drug courier), often extended to other minority groups or activities as well ("Driving While Brown," "Flying While Black," etc.) C. Atypical traffic stop resulting from racial profiling 1. The vehicle is stopped on the basis of a minor or contrived traffic violation which is used as a pretext for closer inspection of the vehicle, driver, and passengers 2. The driver and passengers are questioned about things that do not relate to the traffic violation 3. The driver and passengers are ordered out of the vehicle 4. The officers visually check all observable parts of the vehicle 5. The officers proceed on the assumption that drug courier work is involved by detaining the driver and passengers by the roadside 6. The driver is asked to consent to a vehicle search - if the driver refuses, the officers use other procedures (waiting on a canine unit, criminal record checks, license-plate checks, etc.), and intimidate the driver(with the threat of detaining him/her, obtaining a warrant, etc.) 3.1.2 LEARNING OBJECTIVE: The student will be able to identify elements of a traffic stop which would constitute reasonable suspicion of drug courier activity. A. Drug courier profile (adapted from a profile developed by the DEA) 1. Driver is nervous or anxious beyond the ordinary anxiety and cultural communication styles 2. Signs of long-term driving (driver is unshaven, has empty food containers, etc.) 3. Vehicle is rented 4. Driver is a young male, 20-35 5. No visible luggage, even though driver is traveling 6. Driver was over-reckless or over-cautious in driving and responding to signals 7. Use of air fresheners B. Drug courier activity indicators by themselves are usually not sufficient to justify a stop 3.1.3 LEARNINGOBJECTIVE: The student will be able to identify l s of a traffic stop which could constitute reasonable suspicion criminal activity. A. Thinking about the totality of circumstances in a vehicle stop B. Vehicle exterior 1. Non-standard repainting (esp. on a new vehicle) 2. Signs of hidden cargo (heavyweight in trunk, windows do not roll down, etc.) 3. Unusual license plate suggesting a switch (dirty plate, bugs on back plate, etc.) 4. Unusual circumstances (pulling a camper at night, kids' bikes with no kids, etc.) C. Pre-stop indicators 1. Not consistent with traffic flow 2. Driver is overly cautious, or driver/passengers repeatedly look at police car 3. Driver begins using a car- or cell-phone when signaled to stop 4. Unusual pull-over behavior (ignores signals, hesitates, pulls onto new street, moves objects in car, etc.) D. Vehicle interior 1. Rear seat or interior panels have been opened, there are tools or spare tire, etc. 2. Inconsistent items (anti-theft club with a rental, unexpected luggage, etc.) Resources Proactive Field Stops Training Unit - Instructor's Guide, Maryland Police and Correctional Training Commissions, 2001. (See Appendix A.) Web address for legislation 77R-SB1074: 074f=J tin .....................: ..................................................................................................................................................................................................................................................................................................................................................................... 29 REPORT ON COMPLIMENTS AND RACIAL PROFILING COMPLAINTS a ovoffl ///', 07, y /1 �l ; 001 ff Owl Al IN P. of ,,,��% �%% Report on Complaints The following table contains data regarding officers that have been the subject of a complaint, during the time period of 1/1/21-12/31/21 based on allegations outlining possible violations related to the Texas Racial Profiling Law. The final disposition of the case is also included. V A check above indicates that the Trophy Club Police Department has not received any complaints, on any members of its police force, for having violated the Texas Racial Profiling Law during the time period of 1/1/21-12/31/21. Complaints Filed for Possible Violations of The Texas Racial Profiling Law Complaint Alleged Violation Disposition of the Case Number Additional Comments: 31 TABLES ILLUSTRATIN6 MOTOR VEHICLE-RELATEP CONTACTS TOTAL STOPS: 2,987 Male Total: 1,909 STREET ADDRESS OR APPROXIMATE Alaska Native/American Indian 9 LOCATION OF STOP. Asian/Pacific Islander 113 City Street 2,937 Black 225 US Highway 3 White 1,372 County Road 0 Hispanic/Latino 190 State Highway 5 REASON FOR STOP? Private Property 42 Violation of Law Total: 53 WAS RACE OR ETHNICITY KNOWN PRIOR Alaska Native/American Indian 0 STOP?TO Asian/Pacific Islander 2 Yes 136 Black 6 No 2,851 White 35 RACE OR ETHNICITY Hispanic/Latino 10 Alaska Native/American Indian 11 Pre-existing Knowledge Total: 29 Asian/Pacific Islander 185 Alaska Native/American Indian 0 Black 339 Asian/Pacific Islander 1 White 2,185 Black 7 Hispanic/Latino 267 White 20 GENDER Hispanic/Latino 1 Female Total: 1,078 Moving Traffic Violation Total: 2,318 Alaska Native/American Indian 2 Alaska Native/American Indian 7 Asian/Pacific Islander 72 Asian/Pacific Islander 157 Black 114 Black 260 White 813 White 1,690 Hispanic/Latino 77 Hispanic/Latino 204 32 Vehicle Traffic Violation Total: 587 Contraband (in plain view) Total: 8 Alaska Native/American Indian 4 Alaska Native/American Indian 0 Asian/Pacific Islander 25 Asian/Pacific Islander 0 Black 66 Black 0 White 440 White 7 Hispanic/Latino 52 Hispanic/Latino 1 WAS SEARCH CONDUCTED? Probable Cause Total: 91 YES NO Alaska Native/American Indian 0 Alaska Native/American Indian 0 11 Asian/Pacific Islander 1 Asian/Pacific Islander 1 184 Black 23 Black 26 313 White 58 White 84 2,101 Hispanic/Latino 9 Hispanic/Latino 12 255 Inventory Total: 1 Alaska Native/American Indian 0 TOTAL 123 2,864 Asian/Pacific Islander 0 REASON FOR SEARCH? Black 0 Consent Total: 23 White 1 Alaska Native/American Indian 0 Hispanic/Latino 0 Asian/Pacific Islander 0 Incident to arrest Total: 0 Black 3 Alaska Native/American Indian 0 White 18 Asian/Pacific Islander 0 Hispanic/Latino 2 Black 0 White 0 Hispanic/Latino 0 33 WAS CONTRABAND DISCOVERED? DESCRIPTION OF CONTRABAND NO Drugs Total: 64 YES Alaska Native/American Indian 0 Alaska Native/American Indian 0 0 Asian/Pacific Islander 1 Asian/Pacific Islander 1 0 Black 11 Black 17 9 White 43 White 65 19 Hispanic/Latino 9 Hispanic/Latino 9 3 Currency Total: 0 TOTAL 92 31 Alaska Native/American Indian 0 Asian/Pacific Islander 0 Did the finding result in arrest (total should Black 0 equal previous column)? White 0 YES NO Hispanic/Latino 0 Alaska Native/American Indian 0 0 Asian/Pacific Islander 1 0 Weapons Total: 2 Black 4 13 Alaska Native/American Indian 0 White 29 36 Asian/Pacific Islander 0 Hispanic/Latino 1 8 Black 1 White 1 TOTAL 35 57 Hispanic/Latino 0 Alcohol Total: 8 Alaska Native/American Indian 0 Asian/Pacific Islander 0 Black 1 White 7 Hispanic/Latino 0 34 Total:Stolen Property 1 CitationI: 438 Alaska Native/American Indian 0 Alaska Native/American Indian 1 Asian/Pacific Islander 0 Asian/Pacific Islander 27 Black 0 Black 56 White 0 White 307 Hispanic/Latino 1 Hispanic/Latino 47 Total:Other 18 WrittenWarning Alaska Native/American Indian 0 Alaska Native/American Indian 0 Asian/Pacific Islander 0 Asian/Pacific Islander 0 Black 4 Black 0 White 14 White 0 Hispanic/Latino 0 Hispanic/Latino 0 RESULT OF THE STOP Citation WarningVerbal Alaska Native/American Indian 0 Alaska Native/American Indian 10 Asian/Pacific Islander 0 Asian/Pacific Islander 157 Black 0 Black 278 White 0 White 1,836 Hispanic/Latino 0 Hispanic/Latino 219 1 Arrest Total: 47 Written Warning Total: 2 Alaska Native/American Indian 0 Alaska Native/American Indian 0 Asian/Pacific Islander 1 Asian/Pacific Islander 0 Black 5 Black 0 White 40 White 2 Hispanic/Latino 1 Hispanic/Latino 0 35 ARREST BASED ON Was physical force used resulting in bodily Violation of Penal Code Total: 35 injury during the stop? Alaska Native/American Indian 0 YES NO Asian/Pacific Islander 1 Alaska Native/American Indian 0 11 Black 4 Asian/Pacific Islander 0 185 White 29 Black 0 339 Hispanic/Latino 1 White 0 2,185 Violation of Traffic Law Total: 1 Hispanic/Latino 0 267 Alaska Native/American Indian 0 2,987 Asian/Pacific Islander 0 TOTAL 0 Black 0 White 1 Hispanic/Latino 0 Violation of City Ordinance Total: 0 Alaska Native/American Indian 0 Asian/Pacific Islander 0 Black 0 aww �lsaitiw�,, White 0 Hispanic/Latino 0 Outstanding Warrant Total: 11 Alaska Native/American Indian 0 Asian/Pacific Islander 0 Black 1 White 10 Hispanic/Latino 0 36 Plf�uD�f�, MIP �,��, /,n f,%��%//�/i��l(I(I1111111,IIlll�llll��llll111t11rtl�lli i/............ Table 1. Citations and Warnings Race/ All Citations Verbal Written Contact Citation Verbal Written Ethnicity Contacts Warning Warning Percent Percent Percent Percent Alaska 11 1 10 0 0% 0% 0% 0% Native/ American Indian Asian/ 185 27 157 0 6% 6% 6% 0% Pacific Islander Black 339 56 278 0 11% 13% 11% 0% White 2,185 307 1,836 2 73% 70% 73% 100% Hispanic/ 267 47 219 0 9% 11% 9% 0% Latino IOTAL 2,987 438 2,500 2 100% 100% 100% 100% 37 Table 2. Motor Vehicle Contacts and Fair Roads Standard Comparison Comparison of motor vehicle-related contacts with households that have vehicle access. Race/Ethnicity Contact Percentage Households with Vehicle Access Alaska Native/American Indian 0% 1% Asian/Pacific Islander 6% 5% Black 11% 15% White 73% 60% Hispanic/Latino 9% 19% TOTAL 100% 98% Table 3. Motor Vehicle Searches and Arrests. Race/Ethnicity Searches Consent Arrests Searches Alaska Native/American Indian 0 0 0 Asian/Pacific Islander 1 0 1 Black 26 3 5 White 84 18 40 Hispanic/Latino 12 2 1 TOTAL 123 23 47 38 Table 4. Instances Where Peace Officers Used Physical Force Resulting in Bodily Injury Instances Where Peace Arrest Location of Stop Reason for Stop Officers Used Physical Force that Resulted in Bodily Injury 1 2 3 4 5 6 Table 5. Search Data Race/ Searches Contraband Contraband Arrests Percent Percent Percent No Percent Ethnicity Found Yes Found No Searches Contraband Contraband Arrest Found Alaska 0 0 0 0 0% 0% 0% 0% Native/ American Indian Asian/ 1 1 0 1 1% 1% 0% 2% Pacific Islander Black 26 17 9 5 21% 18% 29% 11% White 84 65 19 40 68% 71% 61% 85% Hispanic/ 12 9 3 1 10% 10% 10% 2% Latino TOTAL 123 92 31 47 100% 100% 100% 100% 39 Table 6. Report on Audits. The following table contains data regarding the number and outcome of required data audits during the period of 1/1/21-12/31/21 . Audit Data Number of Data Date of Completion Outcome of Audit Audits Completed 1 03.01 .21 Data is accurate 2 06.01 .21 Data is accurate 3 09.01 .21 Data is accurate 4 12.01 .21 Data is accurate ADDITIONAL COMMENTS: Table 7. Instance Where Force Resulted in Bodily Injury. Race/Ethnicity Number Percent mi Alaska Native/American Indian 0 0% Asian/Pacific Islander 0 0% Black 0 0% White 0 0% Hispanic/Latino 0 0% TOTAL 0 0% 40 Table 8. Reason for Arrests from Vehicle Contact Race/ Violation Violation Violation Outstanding Percent Percent Percent Percent Ethnicity of Penal of Traffic of City Warrant Penal Traffic City Warrant Code Law Ordinance Code Law Ordinance Alaska 0 0 0 0 0% 0% 0% 0% Native/ American Indian Asian/ 1 0 0 0 3% 0% 0% 0% Pacific Islander Black 4 0 0 1 11% 0% 0% 9% White 29 1 0 10 83% 100% 0% 91% Hispanic/ 1 0 0 0 3% 0% 0% 0% Latino TOTAL 35 1 0 11 100% 100% 0% 100% Table 9. Contraband Hit Rate Race/ Ethnicity Searches Contraband Contraband Search Contraband Found Yes Hit Rate Percent Percent Alaska Native/ 0 0 0% 0% 0% American Indian Asian/ Pacific 1 1 00% 1% 1% Islander Black 26 17 65% 21% 18% White 84 65 77% 68% 71% Hispanic/Latino 12 9 75% 10% 10% 41 of uqP""VIi1@q�� ANALYSIS ANP 1, 11INi tKKKETA The Texas legislature, in 2001, passed Senate Bill 1074 which became the Texas Racial Profiling Law. This particular law came into effect on January 1, i. V�BuOmu��uuruQ,,;ipg;.0 iu iiii uuui 2002 and required all police departments in Texas, to 11 collect traffic-related data and report this information to their local governing authority by March 1st of each year. This law remained in place until 2009, when it was modified to include the collection and reporting of all motor vehicle related contacts where a citation was issued or an arrest made. Further, the modification to the law further requires that all police ,00ill officers indicate whether or not they knew the race ,Y or ethnicity of individuals before detaining them. Further, it became a requirement that agencies report motor vehicle related data to their local governing authority and to the Texas Commission on Law Enforcement (TCOLE) by March 1st of each year. The purpose in collecting and disclosing this " information has been to determine if police officers, in a particular municipality, are engaging in the practice of racially profiling minority motorists. i ff,,, ��fr(�fs�� In addition, the Texas Racial Profiling Law requires police departments to interpret motor vehicle-related g probably data. Even though most researchers would robabl agree with the fact that it is within the confines of good practice for police departments to be accountable to the citizenry while carrying a transparent image before the community, it is very difficult to determine if individual police officers are engaging in racial profiling, from a review and analysis of aggregate/institutional data. In other words, it is challenging for a reputable researcher to ® !� identify specific "individual" racist behavior from aggregate-level "institutional" data on traffic or motor vehicle-related contacts. 42 ��IIIII IIIIIIIIIIIIIIIIIIIII As mentioned earlier, in 2009, the Texas Legislature passed House Bill 3389, which modified the Racial Profiling Law by adding new requirements; this took effect on January 1st, 2010. These changes included, but are were not limited to, the re-definition of a contact to include motor vehicles where a citation was issued or an arrest made. In addition, it required police officers to indicate if they knew the race or ethnicity of the individual before detaining them. Also, the 2009 law required adding "middle eastern" to the racial and ethnic category and submitting the annual data report to TCOLE before March 1 st of each year. In 2017, the Texas Legislators passed H.B. 3051 which removed the Middle Eastern data requirement while standardizing the racial and ethnic categories relevant to the individuals that came in contact with the police. In addition, the Sandra Bland Act (S.B. 1849) was passed and became law. Thus, the most significant legislative mandate (Sandra Bland Act) in Texas history regarding data requirements on law enforcement contacts, became law and took effect on January 1, 2018. The Sandra Bland Act not only currently requires the extensive collection of data relevant to police motor vehicle contacts, but it also mandates for the data to be analyzed while addressing the following: 1. A comparative analysis of the information compiled(under Article 2.133): a. Evaluate and compare the number of motor vehicle stops, within the applicable jurisdiction, of persons who are recognized as racial or ethnic minorities and persons who are not recognized as racial or ethnic minorities, b. Examine the disposition of motor vehicle stops made by officers employed by the agency, categorized according to the race or ethnicity of the affected persons, as appropriate, including any searches resulting from stops within the applicable jurisdiction; c. Evaluate and compare the number of searches resulting from motor vehicle stops within the applicable jurisdiction and whether contraband or other evidence was discovered in the course of those searches. 2. Information related to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling. In an attempt to comply with The Texas Racial Profiling/Sandra Bland Law, the Trophy Club Police Department commissioned the analysis of its 2021 contact data. Hence, two different types of data analyses were performed. The first of these involved a careful evaluation of the 2021 motor vehicle-related data. This particular analysis measured, as required by the law, the number and percentage of Whites, Blacks, Hispanics or Latinos, Asians and Pacific Islanders, Alaska Natives and American Indians (Middle Easterners and individuals belonging to the 'other" category, as optional categories), that came in contact with the police in the course of a motor vehicle related contact, and were either issued a ticket, citation, warning were issued or an arrest was made. Also, included in this data were instances where a motor vehicle contact took place for an alleged violation of the law or ordinance. The Tier 2 data analysis included, but was not limited to, information relevant to the number and percentage of contacts by race/ethnicity, gender, reason for the stop, location of stop, searches while indicating the type of search performed, result of stop, basis of an arrest and use of physical force 45sulting in bodily injury. It should be noted that the additional data analysis performed was based on a comparison of the 2021 motor vehicle contact data with a specific baseline. When reviewing this particular analysis, one should consider that there is disagreement, in the literature, regarding the appropriate baseline to be used when analyzing motor vehicle-related contact information. Of the baseline measures available, the Trophy Club Police Department accepted our recommendation to rely, as a baseline measure, on the Fair Roads Standard. This particular baseline is based on data obtained through the U.S. Census Bureau (2020) relevant to the number of households that have access to vehicles while controlling for the race and ethnicity of the heads of households. The census data presents challenges to any effort made at establishing a fair and accurate racial profiling analysis. That is, census data contains information on all residents of a particular community, regardless of the fact they may or may not be among the driving population. Further, census data, when used as a baseline of comparison, presents the challenge that it captures information related to city residents only. Thus, excluding individuals who may have come in contact with the Trophy Club Police Department in 2021 but live outside city limits. In some cases, the percentage of the population that comes in contact with the police but lives outside city limits represents a substantial volume of all motor vehicle-related contacts made in a given year. In 2002, several civil rights groups in Texas expressed their desire and made recommendations to the effect that all police departments should rely, in their data analysis, on the Fair Roads Standard. This source contains census data specific to the number of "households" that have access to vehicles. Thus, proposing to compare "households" (which may have multiple residents and only a few vehicles) with "contacts" (an individual-based count). This, in essence, constitutes a comparison that may result in ecological fallacy. Despite this, as noted earlier, the Trophy Club Police Department accepted the recommendation to utilize this form of comparison (i.e., census data relevant to households with vehicles) in an attempt to demonstrate its "good will" and "transparency" before the community. Thus, the Fair Roads Standard data obtained and used in this study is specifically relevant to the Dallas Fort-Worth (DFW) Metroplex. Tier 2 (2021) Motor Vehicle-Related Contact Analysis When analyzing the enhanced and more detailed Tier 2 data collected in 2021, it was evident that most motor vehicle-related contacts were made with Whites. This was followed by Blacks. Of those that came in contact with the police, most tickets or citations were issued to Whites; this was followed by Blacks. However, in terms of written warnings, most of these were issued to Whites. Regarding searches and arrests, the data showed that most searches took place among Whites. When considering all searches, most were consented by Whites and Blacks, while most custody arrests were also of Whites. Overall, most searches resulted in contraband; of those that produced contraband, most were of Whites; this was followed by Blacks. Of the searches that did not produce contraband, most were of Whites. Most arrests were made on Whites. Most of the arrests that originated from a violation of the penal code involved Whites. Overall, the police department does not report any instances where force was used that resulted in bodily injury. 44 Comparative Anal The data analysis of motor vehicle contacts to the census data relevant to the number of "households" in the DFW Metroplex who indicated, in the 2020 census, that they had access to vehicles, produced interesting findings. Specifically, the percentage of Hispanics, Blacks and American Indians that came in contact with the police was lower than the percentage of Hispanic, Black, and American Indian households in the DFW Metroplex that claimed, in the 2020 census, to have access to vehicles. The opposite was true of Whites and Asians. That is, a higher percentage of Whites and Asians came in contact with the police than the percentage of White and Asian households in the DFW Metroplex that claimed, in the 2020 census, to have access to vehicles. It should be noted that the percentage difference among Asian contacts with households is of 3%; thus, deemed by some as being statistically insignificant. The analysis of the searches resulting in contraband shows that the most significant contraband hit rate is of American Indians. This was followed by Whites and Hispanics. This means that among all searches performed in 2021, the most significant percentage of these that resulted in contraband was among American Indians. The lowest contraband hit rate was among Blacks. Summary of Findings The most recent Texas Racial Profiling Law requires that police department perform data audits in order to validate the data being reported. Consistent with this requirement, the Trophy Club Police Department has engaged del Carmen Consulting in order to perform these audits in a manner consistent with normative statistical practices. As shown in table 6, the audit performed has shown that the data is valid and reliable. Further, as required by law, this report also includes an analysis on the searches performed. This analysis includes information on whether contraband was found as a result of the search while controlling for race/ethnicity. The search analysis demonstrates that the police department is engaging in search practices consistent with national trends in law enforcement. While considering the findings made in this analysis, it is recommended that the Trophy Club Police Department should continue to collect and evaluate additional information on motor vehicle contact data (i.e., reason for probable cause searches, contraband detected) which may prove to be useful when determining the nature of the contacts police officers are making with all individuals. As part of this effort, the Trophy Club Police Department should continue to: 1) Perform an independent analysis on contact and search data in future years. 2) Commission data audits in 2022 in order to assess data integrity; that is, to ensure that the data collected is consistent with the data being reported. The comprehensive analysis of the data included in this report demonstrates that the Trophy Club Police Department has complied with the Texas Racial Profiling Law and all of its requirements. Further, the report demonstrates that the police department has incorporated a comprehensive racial profiling policy, currently offers information to the public on how to file a compliment or complaint, commissions quarterly data audits in order to ensure validity and reliability, collects and commissions the analysis of tier 2 data, and ensures that the practice of racial profiling will not be tolerated. 45 / / / / ,,; // /// /iii ,,,,,,,,,,,,,,,;✓/////„ ","/ ... ,. The following requirements were met by the Trophy Club Police Department in accordance with The Texas Racial Profiling Law: �mplement a Racial Profiling Policy citing act or actions that constitute racial rofiling. r' Include in the racial profiling policy, a statement indicating prohibition of an y, peace officer employed by the Trophy Club Police Department from engaging in racial profiling. �mplement a process by which an individual may file a complaint regardin", ,g, ti racial profiling violations. Provide public education related to the compliment and, complaint process. Implement disciplinary guidelines for officers found in violat,j/� 0f,,,/, S/�///� Racial Profiling Law. 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The Commission developed this document to assist agencies in complying with the statutory requirements. The guidelines are written in the form of standards using a style developed from accreditation organizations including the Commission on Accreditation for Law Enforcement Agencies(CALEA). The standards provide a description of what must be accomplished by an agency but allows wide latitude in determining how the agency will achieve compliance with each applicable standard. Each standard is composed of two parts: the standard statement and the commentary. The standard statement is a declarative sentence that places a clear-cut requirement, or multiple requirements, on an agency. The commentary supports the standard statement but is not binding. The commentary can serve as a prompt,as guidance to clarify the intent of the standard, or as an example of one possible way to comply with the standard. Standard 1 Each law enforcement agency has a detailed written directive that: • clearly defines acts that constitute racial profiling; • strictly prohibits peace officers employed by the agency from engaging in racial profiling; • implements a process by which an individual may file a complaint with the agency if the individual believes a peace officer employed by the agency has engaged in racial profiling with respect to the individual filing the complaint; • provides for public education relating to the complaint process; • requires appropriate corrective action to be taken against a peace officer employed by the agency who, after investigation, is shown to have engaged in racial profiling in violation of the agency's written racial profiling policy; and • requires the collection of certain types of data for subsequent reporting. Commentary Article 2.131 of the TCCP prohibits officers from engaging in racial profiling, and article 2.132 of the TCCP now requires a written policy that contains the elements listed in this standard. The article also specifically defines a law enforcement agency as it applies to this statute as an " agency of the state, or of a county, municipality, or other political subdivision of the state, that employs peace officers who make traffic stops in the routine performance of the officers' official duties." 48 29 The article further defines race or ethnicity as being of "a particular descent, including Caucasian,African, Hispanic, Asian, or Native American." The statute does not limit the required policies to just these ethnic groups. This written policy is to be adopted and implemented no later than January 1, 2002. Standard 2 Each peace officer who stops a motor vehicle for an alleged violation of a law or ordinance regulating traffic, or who stops a pedestrian for any suspected offense reports to the employing law enforcement agency information relating to the stop, to include: • a physical description of each person detained, including gender and the person's race or ethnicity, as stated by the person, or, if the person does not state a race or ethnicity, as determined by the officer's best judgment; • the traffic law or ordinance alleged to have been violated or the suspected offense; • whether the officer conducted a search as a result of the stop and, if so, whether the person stopped consented to the search; • whether any contraband was discovered in the course of the search, and the type of contraband discovered; • whether probable cause to search existed, and the facts supporting the existence of that probable cause; • whether the officer made an arrest as a result of the stop or the search, including a statement of the offense charged; • the street address or approximate location of the stop; and • whether the officer issued a warning or citation as a result of the stop, including a description of the warning or a statement of the violation charged. Commentary The information required by 2.133 TCCP is used to complete the agency reporting requirements found in Article 2.134. A peace officer and an agency may be exempted from this requirement under Article 2.135 TCCP Exemption for Agencies Using Video and Audio Equipment. An agency may be exempt from this reporting requirement by applying for the funds from the Department of Public Safety for video and audio equipment and the State does not supply those funds. Section 2.135 (a)(2) states, "the governing body of the county or municipality served by the law enforcement agency, in conjunction with the law enforcement agency, certifies to the Department of Public Safety, not later than the date specified by rule by the department, that the law enforcement agency needs funds or video and audio equipment for the purpose of installing video and audio equipment as described by Subsection (a) (1) (A) and the agency does not receive from the state funds for video and audio equipment sufficient, as determined by the department, for the agency to accomplish that purpose." Standard 3 The agency compiles the information collected under 2.132 and 2.133 and analyzes the information identified in 2.133. 49 30 Commentary Senate Bill 1074 from the 77t" Session of the Texas Legislature created requirements for law enforcement agencies to gather specific information and to report it to each county or municipality served. New sections of law were added to the Code of Criminal Procedure regarding the reporting of traffic and pedestrian stops. Detained is defined as when a person stopped is not free to leave. Article 2.134 TCCP requires the agency to compile and provide and analysis of the information collected by peace officer employed by the agency. The report is provided to the governing body of the municipality or county no later than March 1 of each year and covers the previous calendar year. There is data collection and reporting required based on Article 2.132 CCP (tier one) and Article 2.133 CCP (tier two). The minimum requirements for "tier one" data for traffic stops in which a citation results are: 1) the race or ethnicity of individual detained (race and ethnicity as defined by the bill means of "a particular descent, including Caucasian, African, Hispanic, Asian, or Native American"); 2) whether a search was conducted, and if there was a search, whether it was a consent search or a probable cause search; and 3) whether there was a custody arrest. The minimum requirements for reporting on "tier two" reports include traffic and pedestrian stops. Tier two data include: 1) the detained person's gender and race or ethnicity; 2) the type of law violation suspected,e.g., hazardous traffic, non-hazardous traffic, or other criminal investigation (the Texas Department of Public Safety publishes a categorization of traffic offenses into hazardous or non-hazardous); 3) whether a search was conducted, and if so whether it was based on consent or probable cause; 4) facts supporting probable cause; 5) the type, if any, of contraband that was collected; 6) disposition of the stop, e.g., arrest, ticket, warning, or release; 7) location of stop; and 8) statement of the charge, e.g., felony, misdemeanor, or traffic. Tier one reports are made to the governing body of each county or municipality served by the agency an annual report of information if the agency is an agency of a county, municipality, or other political subdivision of the state. Tier one and two reports are reported to the county or municipality not later than March 1 for the previous calendar year beginning March 1, 2003. Tier two reports include a comparative analysis between the race and ethnicity of persons detained to see if a differential pattern of treatment can be discerned based on the disposition of stops 50 31 including searches resulting from the stops. The reports also include information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling. An agency may be exempt from the tier two reporting requirement by applying for the funds from the Department of Public Safety for video and audio equipment and the State does not supply those funds [See 2.135 (a)(2) TCCP]. Reports should include both raw numbers and percentages for each group. Caution should be exercised in interpreting the data involving percentages because of statistical distortions caused by very small numbers in any particular category, for example, if only one American Indian is stopped and searched, that stop would not provide an accurate comparison with 200 stops among Caucasians with 100 searches. In the first case, a 100%search rate would be skewed data when compared to a 50% rate for Caucasians. Standard 4 If a law enforcement agency has video and audio capabilities in motor vehicles regularly used for traffic stops,or audio capabilities on motorcycles regularly used to make traffic stops,the agency: • adopts standards for reviewing and retaining audio and video documentation; and • promptly provides a copy of the recording to a peace officer who is the subject of a complaint on written request by the officer. Commentary The agency should have a specific review and retention policy. Article 2.132 TCCP specifically requires that the peace officer be promptly provided with a copy of the audio orvideo recordings if the officer is the subject of a complaint and the officer makes a written request. Standard 5 Agencies that do not currently have video or audio equipment must examine the feasibility of installing such equipment. Commentary None Standard 6 Agencies that have video and audio recording capabilities are exempt from the reporting requirements of Article 2.134 TCCP and officers are exempt from the reporting requirements of Article 2.133 TCCP provided that: • the equipment was in place and used during the proceeding calendar year; and • video and audio documentation is retained for at least 90 days. Commentary The audio and video equipment and policy must have been in place during the previous calendar year. Audio and video documentation must be kept for at least 90 days or longer if a complaint has been filed. The documentation must be retained until the complaint is resolved. Peace officers are not exempt from the requirements under Article 2.132 TCCP. 51 32 Standard 7 Agencies have citation forms or other electronic media that comply with Section 543.202 of the Transportation Code. Commentary Senate Bill 1074 changed Section 543.202 of the Transportation Code requiring citations to include: • race or ethnicity, and • whether a search of the vehicle was conducted and whether consent for the search was obtained. 52 33 The Texas Law on Racial Profiling S.B. No. 1074 -An Act relating to the prevention of racial profiling by certain peace officers. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 2, Code of Criminal Procedure, is amended by adding Articles 2.131 through 2.138 to read as follows: Art. 2.131. RACIAL PROFILING PROHIBITED. A peace officer may not engage in racial profiling. Art. 2.132. LAW ENFORCEMENT POLICY ON RACIAL PROFILING. (a) In this article: (1) "Law enforcement agency" means an agency of the state, or of a county, municipality, or other political subdivision of the state, that employs peace officers who make traffic stops in the routine performance of the officers' official duties. (2) "Race or ethnicity" means of a particular descent, including Caucasian, African, Hispanic, Asian, or Native American descent. (b) Each law enforcement agency in this state shall adopt a detailed written policy on racial profiling. The policy must: (1) clearly define acts constituting racial profiling; (2) strictly prohibit peace officers employed by the agency from engaging in racial profiling; (3) implement a process by which an individual may file a complaint with the agency if the individual believes that a peace officer employed by the agency has engaged in racial profiling with respect to the individual; (4) provide public education relating to the agency's complaint process; (5) require appropriate corrective action to be taken against a peace officer employed by the agency who, after an investigation, is shown to have engaged in racial profiling in violation of the agency's policy adopted under this article; (6) require collection of information relating to traffic stops in which a citation is issued and to arrests resulting from those traffic stops, including information relating to: (A) the race or ethnicity of the individual detained; and (B) whether a search was conducted and, if so, whether the person detained consented to the search; and (7) require the agency to submit to the governing body of each county or municipality served by the agency an annual report of the information collected under Subdivision (6) if the agency is an agency of a county, municipality, or other political subdivision of the state. (c) The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling. (d) On adoption of a policy under Subsection (b), a law enforcement agency shall examine the feasibility of installing video camera and transmitter-activated equipment in each agency law enforcement motor vehicle regularly used to make traffic stops and transmitter-activated equipment in each agency law enforcement motorcycle regularly used to make traffic stops. If a law enforcement agency installs video or audio equipment as provided by this subsection, the 53 34 Policy adopted by the agency under Subsection (b) must include standards for reviewing video and audio documentation. (e) A report required under Subsection (b)(7) may not include identifying information about a peace officer who makes a traffic stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the collection of information as required by a Policy under Subsection (b)(6). (f) On the commencement of an investigation by a law enforcement agency of a complaint described by Subsection (b)(3) in which a video or audio recording of the occurrence on which the complaint is based was made, the agency shall promptly provide a copy of the recording to the peace officer who is the subject of the complaint on written request by the officer. Art. 2.133. REPORTS REQUIRED FOR TRAFFIC AND PEDESTRIAN STOPS. (a) In this article: (1) "Race or ethnicity" has the meaning assigned by Article 2.132(a). (2) "Pedestrian stop" means an interaction between a peace officer and an individual who is being detained for the purpose of a criminal investigation in which the individual is not under arrest. (b) A peace officer who stops a motor vehicle for an alleged violation of a law or ordinance regulating traffic or who stops a pedestrian for any suspected offense shall report to the law enforcement agency that employs the officer information relating to the stop, including: (1) a physical description of each person detained as a result of the stop, including: (A) the person's gender; and (B) the person's race or ethnicity, as stated by the person or, if the person does not state the person's race or ethnicity, as determined by the officer to the best of the officer's ability; (2) the traffic law or ordinance alleged to have been violated or the suspected offense; (3) whether the officer conducted a search as a result of the stop and, if so, whether the person detained consented to the search; (4) whether any contraband was discovered in the course of the search and the type of contraband discovered; (5) whether probable cause to search existed and the facts supporting the existence of that probable cause; (6) whether the officer made an arrest as a result of the stop or the search, including a statement of the offense charged; (7) the street address or approximate location of the stop; and (8) whether the officer issued a warning or a citation as a result of the stop, including a description of the warning or a statement of the violation charged. Art. 2.134. COMPILATION AND ANALYSIS OF INFORMATION COLLECTED. (a) In this article, "pedestrian stop" means an interaction between a peace officer and an individual who is being detained for the purpose of a criminal investigation in which the individual is not under arrest. (b) A law enforcement agency shall compile and analyze the information contained in each report received by the agency under Article 2.133. Not later than March 1 of each year, each local law enforcement agency shall submit a report containing the information compiled 54 35 during the previous calendar year to the governing body of each county or municipality served by the agency in a manner approved by the agency. (c) A report required under Subsection (b) must include: (1) a comparative analysis of the information compiled under Article 2.133 to: (A) determine the prevalence of racial profiling by peace officers employed by the agency; and (B) examine the disposition of traffic and pedestrian stops made by officers employed by the agency, including searches resulting from the stops; and (2) information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling. (d) A report required under Subsection (b) may not include identifying information about a peace officer who makes a traffic or pedestrian stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the reporting of information required under Article 2.133(b)(1). (e) The Commission on Law Enforcement Officer Standards and Education shall develop guidelines for compiling and reporting information as required by this article. (f) The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling. Art. 2.135. EXEMPTION FOR AGENCIES USING VIDEO AND AUDIO EQUIPMENT. (a) A peace officer is exempt from the reporting requirement under Article 2.133 and a law enforcement agency is exempt from the compilation, analysis, and reporting requirements under Article 2.134 if: (1) during the calendar year preceding the date that a report under Article 2.134 is required to be submitted: (A) each law enforcement motor vehicle regularly used by an officer employed by the agency to make traffic and pedestrian stops is equipped with video camera and transmitter-activated equipment and each law enforcement motorcycle regularly used to make traffic and pedestrian stops is equipped with transmitter-activated equipment; and (B) each traffic and pedestrian stop made by an officer employed by the agency that is capable of being recorded by video and audio or audio equipment, as appropriate, is recorded by using the equipment; or (2) the governing body of the county or municipality served by the law enforcement agency, in conjunction with the law enforcement agency, certifies to the Department of Public Safety, not later than the date specified by rule by the department, that the law enforcement agency needs funds or video and audio equipment for the purpose of installing video and audio equipment as described by Subsection (a)(1)(A) and the agency does not receive from the state funds or video and audio equipment sufficient, as determined by the department, for the agency to accomplish that purpose. (b) Except as otherwise provided by this subsection, a law enforcement agency that is exempt from the requirements under Article 2.134 shall retain the video and audio or audio documentation of each traffic and pedestrian stop for at least 90 days after the date of the stop. If a complaint is filed with the law enforcement agency alleging that a peace officer employed by the agency has engaged in racial profiling with respect to a traffic or pedestrian stop, the agency shall retain the video and audio or audio record of the stop until final disposition of the complaint. 55 36 (c) This article does not affect the collection or reporting requirements under Article 2.132. Art. 2.136. LIABILITY. A peace officer is not liable for damages arising from an act relating to the collection or reporting of information as required by Article 2.133 or under a policy adopted under Article 2.132. Art. 2.137. PROVISION OF FUNDING OR EQUIPMENT. (a) The Department of Public Safety shall adopt rules for providing funds or video and audio equipment to law enforcement agencies for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A), including specifying criteria to prioritize funding or equipment provided to law enforcement agencies. The criteria may include consideration of tax effort, financial hardship, available revenue, and budget surpluses. The criteria must give priority to: (1) law enforcement agencies that employ peace officers whose primary duty is traffic enforcement; (2) smaller jurisdictions; and (3) municipal and county law enforcement agencies. (b) The Department of Public Safety shall collaborate with an institution of higher education to identify law enforcement agencies that need funds or video and audio equipment for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A). The collaboration may include the use of a survey to assist in developing criteria to prioritize funding or equipment provided to law enforcement agencies. (c) To receive funds or video and audio equipment from the state for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A), the governing body of a county or municipality, in conjunction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency needs funds or video and audio equipment for that purpose. (d) On receipt of funds or video and audio equipment from the state for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A), the governing body of a county or municipality, in conjunction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency has installed video and audio equipment as described by Article 2.135(a)(1)(A) and is using the equipment as required by Article 2.135(a)(1). Art. 2.138. RULES. The Department of Public Safety may adopt rules to implement Articles 2.131-2.137. SECTION 2. Chapter 3, Code of Criminal Procedure, is amended by adding Article 3.05 to read as follows: Art. 3.05. RACIAL PROFILING. In this code, "racial profiling" means a law enforcement-initiated action based on an individual's race, ethnicity, or national origin rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity. 56 37 SECTION 3. Section 96.641, Education Code, is amended by adding Subsection (j) to read as follows: 0) As part of the initial training and continuing education for police chiefs required under this section, the institute shall establish a program on racial profiling. The program must include an examination of the best practices for: (1) monitoring peace officers' compliance with laws and internal agency policies relating to racial profiling; (2) implementing laws and internal agency policies relating to preventing racial profiling; and (3) analyzing and reporting collected information. SECTION 4. Section 1701.253, Occupations Code, is amended by adding Subsection (e) to read as follows: (e) As part of the minimum curriculum requirements, the commission shall establish a statewide comprehensive education and training program on racial profiling for officers licensed under this chapter. An officer shall complete a program established under this subsection not later than the second anniversary of the date the officer is licensed under this chapter or the date the officer applies for an intermediate proficiency certificate, whichever date is earlier. SECTION 5. Section 1701.402, Occupations Code, is amended by adding Subsection (d) to read as follows: (d) Asa requirement for an intermediate proficiency certificate, an officer must complete an education and training program on racial profiling established by the commission under Section 1701.253(e). SECTION 6. Section 543.202, Transportation Code, is amended to read as follows: Sec. 543.202. FORM OF RECORD. (a) In this section, "race or ethnicity" means of a particular descent, including Caucasian, African, Hispanic, Asian, or Native American descent. The record must be made on a form or by a data processing method acceptable to the department and must include: (1) the name, address, physical description, including race or ethnicity, date of birth, and driver's license number of the person charged; (2) the registration number of the vehicle involved; (3) whether the vehicle was a commercial motor vehicle as defined by Chapter 522 or was involved in transporting hazardous materials; (4) the person's social security number, if the person was operating a commercial motor vehicle or was the holder of a commercial driver's license or commercial driver learner's permit; (5) the date and nature of the offense, including whether the offense was a serious traffic violation as defined by Chapter 522; 57 38 (6) whether a search of the vehicle was conducted and whether consent for the search was obtained; M the plea, the judgment, and whether bail was forfeited; (8) [{7}] the date of conviction; and (9) [W] the amount of the fine or forfeiture. SECTION 7. Not later than January 1, 2002, a law enforcement agency shall adopt and implement a policy and begin collecting information under the policy as required by Article 2.132, Code of Criminal Procedure, as added by this Act. A local law enforcement agency shall first submit information to the governing body of each county or municipality served by the agency as required by Article 2.132, Code of Criminal Procedure, as added by this Act, on March 1, 2003. The first submission of information shall consist of information compiled by the agency during the period beginning January 1, 2002, and ending December 31, 2002. SECTION 8. A local law enforcement agency shall first submit information to the governing body of each county or municipality served by the agency as required by Article 2.134,Code of Criminal Procedure, as added by this Act, on March 1, 2004. The first submission of information shall consist of information compiled by the agency during the period beginning January 1, 2003, and ending December 31, 2003. SECTION 9. Not later than January 1, 2002: (1) the Commission on Law Enforcement Officer Standards and Education shall establish an education and training program on racial profiling as required by Subsection (e), Section 1701.253, Occupations Code, as added by this Act; and (2) the Bill Blackwood Law Enforcement Management Institute of Texas shall establish a program on racial profiling as required by Subsection (j), Section 96.641, Education Code, as added by this Act. SECTION 10. A person who on the effective date of this Act holds an intermediate proficiency certificate issued by the Commission on Law Enforcement Officer Standards and Education or has held a peace officer license issued by the Commission on Law Enforcement Officer Standards and Education for at least two years shall complete an education and training program on racial profiling established under Subsection (e), Section 1701.253, Occupations Code, as added by this Act, not later than September 1, 2003. SECTION 11. An individual appointed or elected as a police chief before the effective date of this Act shall complete a program on racial profiling established under Subsection (j), Section 96.641, Education Code, as added by this Act, not later than September 1, 2003. SECTION 12. This Act takes effect September 1, 2001 President of the Senate Speaker of the House 58 39 I hereby certify that S.B. No. 1074 passed the Senate on April 4, 2001, by the following vote: Yeas 28, Nays 2; May 21, 2001, Senate refused to concur in House amendments and requested appointment of Conference Committee; May 22, 2001, House granted request of the Senate; May 24, 2001, Senate adopted Conference Committee Report by a viva-voce vote. Secretary of the Senate I hereby certify that S.B. No. 1074 passed the House, with amendments, on May 15, 2001, by a non-record vote; May 22, 2001, House granted request of the Senate for appointment of Conference Committee; May 24, 2001, House adopted Conference Committee Report by a non-record vote. Chief Clerk of the House Approved: Date Governor 59 40 Modifications to the Original Law (H.B. 3389) Amend CSHB 3389 (Senate committee report) as follows: (1) Strike the following SECTIONS of the bill: (A) SECTION 8, adding Section 1701.164, Occupations Code (page 4, lines 61-66); (B) SECTION 24, amending Article 2.132(b), Code of Criminal Procedure (page 8, lines 19-53); (C) SECTION 25, amending Article 2.134(b), Code of Criminal Procedure (page 8, lines 54-64); (D) SECTION 28, providing transition language for the amendments to Articles 2.132(b) and 2.134(b), Code of Criminal Procedure (page 9, lines 40-47). (2) Add the following appropriately numbered SECTIONS to the bill and renumber subsequent SECTIONS of the bill accordingly: SECTION . Article 2.132, Code of Criminal Procedure, is amended by amending Subsections (a),(b), (d), and (e) and adding Subsection (g) to read as follows: (a) In this article: (1) "Law enforcement agency" means an agency of the state, or of a county, municipality, or other political subdivision of the state, that employs peace officers who make motor vehicle[tFa#€ie] stops in the routine performance of the officers' official duties. (2) "Motor vehicle stop" means an occasion in which a peace officer stops a motorvehicle for an alleged violation of a law or ordinance. (3) "Race or ethnicity" means of a particular descent, including Caucasian, African, Hispanic, Asian, [e-F] Native American, or Middle Eastern descent. (b) Each law enforcement agency in this state shall adopt a detailed written policy on racial profiling. The policy must: (1) clearly define acts constituting racial profiling; (2) strictly prohibit peace officers employed by the agency from engaging in racial profiling; (3) implement a process by which an individual may file a complaint with the agency if the individual believes that a peace officer employed by the agency has engaged in racial profiling with respect to the individual; (4) provide public education relating to the agency's complaint process; (5) require appropriate corrective action to be taken against a peace officer employed by the agency who, after an investigation, is shown to have engaged in racial profiling in violation of the agency's policy adopted under this article; (6) require collection of information relating to motor vehicle [tFa#€ie] stops in which a citation is issued and to _arrests made as a result of [..,suiting f- those [#Fa€fie] stops, including information relating to: (A) the race or ethnicity of the individual detained; and (B) whether a search was conducted and, if so, whether the individual [peFsen] detained consented to the search; and (C) whether the peace officer knew the race or ethnicity of the individual detained before detaining that individual; and (7) require the chief administrator of the agency, regardless of whether the administrator is elected, employed, or appointed, to submit [te the geyeffling bedy of eaeh eeunty 60 41 munTe0p,'�seFved--by the—agency] an annual report of the information collected under Subdivision (6) to. (A) the Commission on Law Enforcement Officer Standards and Education; and (B) the governing body of each county or municipality served by the agency, if the agency is an agency of a county, municipality, or other political subdivision of the state. (d) On adoption of a policy under Subsection (b), a law enforcement agency shall examine the feasibility of installing video camera and transmitter-activated equipment in each agency law enforcement motor vehicle regularly used to make motor vehicle [tFa##ie] stops and transmitter activated equipment in each agency law enforcement motorcycle regularly used to make motor vehicle [tFaffi6] stops. If a law enforcement agency installs video or audio equipment as provided by this subsection,the policy adopted by the agency under Subsection (b) must include standards for reviewing video and audio documentation. (e) A report required under Subsection (b)(7) may not include identifying information about a peace officer who makes a motor vehicle [tFaffi6] stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the collection of information as required by a policy under Subsection (b)(6). (g) On a finding by the Commission on Law Enforcement Officer Standards and Education that the chief administrator of a law enforcement agency intentionally failed to submit a report required under Subsection (b)(7), the commission shall begin disciplinary procedures against the chief administrator. SECTION . Article 2.133, Code of Criminal Procedure, is amended to read as follows: Art. 2.133. REPORTS REQUIRED FOR MOTOR VEHICLE [TRAFFIC AND PEDESTRIAAI] STOPS. (a) In this article, "race[- [ ] or ethnicity" has the meaning assigned by Article 2.132(a). [(2) "PedeStFiaR step" Fneans an inteFaetien between a peaee effieeF and an individual whe emit.] (b) A peace officer who stops a motor vehicle for an alleged violation of a law or ordinance [Fegulating tFaffieer=wrTe steps-a-p ccrcSrrimTTeF any susp eccccTe,TCTsc shall report tot e law enforcement agency that employs the officer information relating to the stop, including: (1) a physical description of any [eeeh] person operating the motor vehicle who is detained as a result of the stop, including: (A) the person's gender; and (B) the person's race or ethnicity, as stated by the person or, if the person does not state the person's race or ethnicity, as determined by the officer to the best of the officer's ability; (2) the initial reason for the stop [tFaffi6 law e eFdonnee alleged to have 1....en Vielated eF the suspeeted effense]. (3) whether the officer conducted a search as a result of the stop and, if so, whether the person detained consented to the search; (4) whether any contraband or other evidence was discovered in the course of the search and a description [the hype] of the contraband or evidence [yea]; (5) the reason for the search, including whether. (A) any contraband or other evidence was in plain view; B any probable cause or reasonable suspicion existed to perform the search, or 61 42 (C) the search was performed as a result of the towing of the motor vehicle or the arrest of any person in the motor vehicle [existed and the-rcrccrsa-ppormg-the cx'rsccrrce or-that pTobupTc tee]; (6) whether the officer made an arrest as a result of the stop or the search, including a statement of whether the arrest was based on a violation of the Penal Code, a violation of a traffic law or ordinance, or an outstanding warrant and a statement of the offense charged; (7) the street address or approximate location of the stop; and (8) whether the officer issued a written warning or a citation as a result of the stop[, ineluding a SECTION . Article 2.134, Code of Criminal Procedure, is amended by amending Subsections (a) through (e) and adding Subsection (g) to read as follows: (a) In this article: (1) "Motor vehicle[, "pedeStFiai ] stop" has the meaning assigned by Article 2.132(a) [� 0 i9teFaetien between a peaee effieeF and an individual whe is being detained feF the PUFpese ef a (2) "Race or ethnicity" has the meaning assigned by Article 2.132(a). (b) A law enforcement agency shall compile and analyze the information contained in each report received by the agency under Article 2.133. Not later than March 1 of each year, each [4eea4] law enforcement agency shall submit a report containing the incident-based data [i eR] compiled during the previous calendar year to the Commission on Law Enforcement Officer Standards and Education and, if the law enforcement agency is a local law enforcement agency, to the governing body of each county or municipality served by the agency [OR a w.,RR, F app.,.Ved by the ]. (c) A report required under Subsection (b) must be submitted by the chief administrator of the law enforcement agency, regardless of whether the administrator is elected, employed, or appointed, and must include: (1) a comparative analysis of the information compiled under Article 2.133 to: (A) evaluate and compare the number of motorvehicle stops, within the applicable jurisdiction, of persons who are recognized as racial or ethnic minorities and persons who are not recognized as racial or ethnic minorities [deteffnine the pFevalenee—ef Faeial pFefiling by peaee effieefs pl,.yed by the - y]; and (B) examine the disposition of motor vehicle [t"�-and-pedeS ] stops made by officers employed by the agency, categorized according to the race or ethnicity of the affected persons, as appropriate, including any searches resulting from [#fie] stops within the applicable jurisdiction; and (2) information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling. (d) A report required under Subsection (b) may not include identifying information about a peace officer who makes a motor vehicle [tFaffie eF pedeSt."R] stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the reporting of information required under Article 2.133(b)(1). (e) The Commission on Law Enforcement Officer Standards and Education, in accordance with Section 1701.162, Occupations Code, shall develop guidelines for compiling and reporting information as required by this article. 62 43 (g) On a finding by the Commission on Law Enforcement Officer Standards and Education that the chief administrator of a law enforcement agency intentionally failed to submit a report required under Subsection (b), the commission shall begin disciplinary procedures against the chief administrator. SECTION . Article 2.135, Code of Criminal Procedure, is amended to read as follows: Art. 2.135. PARTIAL EXEMPTION FOR AGENCIES USING VIDEO AND AUDIO EQUIPMENT. (a) A peace officer is exempt from the reporting requirement under Article 2.133 and the chief administrator of a law enforcement agency, regardless of whether the administrator is elected, employed, or appointed, is exempt from the compilation, analysis, and reporting requirements under Article 2.134 if: (1) during the calendar year preceding the date that a report under Article 2.134 is required to be submitted: (A) each law enforcement motor vehicle regularly used by an officer employed by the agency to make motor vehicle [ Faff06—and pedeS ] stops is equipped with video camera and transmitter-activated equipment and each law enforcement motorcycle regularly used to make motor vehicle [tFaffi6 and FedeStFiaR] stops is equipped with transmitter-activated equipment; and (B) each motor vehicle [tFaffi6 and pedeStFi ] stop made by an officer employed by the agency that is capable of being recorded by video and audio or audio equipment, as appropriate, is recorded by using the equipment; or (2) the governing body of the county or municipality served by the law enforcement agency, in conjunction with the law enforcement agency, certifies to the Department of Public Safety, not later than the date specified by rule by the department, that the law enforcement agency needs funds or video and audio equipment for the purpose of installing video and audio equipment as described by Subsection (a)(1)(A) and the agency does not receive from the state funds or video and audio equipment sufficient, as determined by the department, for the agency to accomplish that purpose. (b) Except as otherwise provided by this subsection, a law enforcement agency that is exempt from the requirements under Article 2.134 shall retain the video and audio or audio documentation of each motor vehicle [tFaff06 and stop for at least 90 days after the date of the stop. If a complaint is filed with the law enforcement agency alleging that a peace officer employed by the agency has engaged in racial profiling with respect to a motor vehicle [tFaffie eF pedeStFiaR] stop, the agency shall retain the video and audio or audio record of the stop until final disposition of the complaint. (c) This article does not affect the collection or reporting requirements under Article 2.132. (d) In this article, "motor vehicle stop" has the meaning assigned by Article 2.132(a). SECTION . Chapter 2, Code of Criminal Procedure, is amended by adding Article 2.1385 to read as follows: Art. 2.1385. CIVIL PENALTY. (a) If the chief administrator of a local law enforcement agency intentionally fails to submit the incident-based data as required by Article 2.134, the agency is liable to the state for a civil penalty in the amount of $1,000 for each violation. The attorney general may sue to collect a civil penalty under this subsection. (b) From money appropriated to the agency for the administration of the agency, the executive director of a state law enforcement agency that intentionally fails to submit the incident-based 63 44 data as required by Article 2.134 shall remit to the comptroller the amount of $1,000 for each violation. (c) Money collected under this article shall be deposited in the state treasury to the credit of the general revenue fund. SECTION . Subchapter A, Chapter 102, Code of Criminal Procedure, is amended by adding Article 102.022 to read as follows: Art. 102.022. COSTS ON CONVICTION TO FUND STATEWIDE REPOSITORY FOR DATA RELATED TO CIVIL JUSTICE. (a) In this article, "moving violation" means an offense that: (1) involves the operation of a motor vehicle; and (2) is classified as a moving violation by the Department of Public Safety under Section 708.052, Transportation Code. (b) A defendant convicted of a moving violation in a justice court, county court, county court at law, or municipal court shall pay a fee of 10 cents as a cost of court. (c) In this article, a person is considered convicted if: (1) a sentence is imposed on the person; (2) the person receives community supervision, including deferred adjudication; or (3) the court defers final disposition of the person's case. (d) The clerks of the respective courts shall collect the costs described by this article. The clerk shall keep separate records of the funds collected as costs under this article and shall deposit the funds in the county or municipal treasury, as appropriate. (e) The custodian of a county or municipal treasury shall: (1) keep records of the amount of funds on deposit collected under this article; and (2) send to the comptroller before the last day of the first month following each calendar quarter the funds collected under this article during the preceding quarter. (f) A county or municipality may retain 10 percent of the funds collected under this article by an officer of the county or municipality as a collection fee if the custodian of the county or municipal treasury complies with Subsection (e). (g) If no funds due as costs under this article are deposited in a county or municipal treasury in a calendar quarter, the custodian of the treasury shall file the report required for the quarter in the regular manner and must state that no funds were collected. (h) The comptroller shall deposit the funds received under this article to the credit of the Civil Justice Data Repository fund in the general revenue fund, to be used only by the Commission on Law Enforcement Officer Standards and Education to implement duties under Section 1701.162, Occupations Code. (i) Funds collected under this article are subject to audit by the comptroller. SECTION . (a) Section 102.061, Government Code, as reenacted and amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular Session, 2007, is amended to conform to the amendments made to Section 102.061, Government Code, by Chapter 1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session, 2007, and is further amended to read as follows: Sec. 102.061. ADDITIONAL COURT COSTS ON CONVICTION IN STATUTORY COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a statutory county court shall collect fees and costs under the Code of Criminal Procedure on conviction of a defendant as follows: (1) a jury fee (Art. 102.004, Code of Criminal Procedure) . . . $20; (2) a fee for services of the clerk of the court (Art. 102.005, Code of Criminal Procedure) . . . $40; 64 45 (3) a records management and preservation services fee (Art. 102.005, Code of Criminal Procedure) . . . $25; (4) a security fee on a misdemeanor offense (Art. 102.017, Code of Criminal Procedure) . . . $3; (5) a juvenile delinquency prevention and graffiti eradication fee(Art. 102.0171, Code of Criminal Procedure) . . . 50 [$-S]; [ate] (6) a juvenile case manager fee (Art. 102.0174, Code of Criminal Procedure) . . . not to exceed $5, and (7) a civil justice fee (Art. 102.022, Code of Criminal Procedure) . . . $0.10. (b) Section 102.061, Government Code, as amended by Chapter 1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session, 2007, is repealed. Section 102.061, Government Code, as reenacted and amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular Session, 2007, to reorganize and renumber that section, continues in effect as further amended by this section. SECTION . (a) Section 102.081, Government Code, as amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular Session, 2007, is amended to conform to the amendments made to Section 102.081, Government Code, by Chapter 1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session, 2007, and is further amended to read as follows: Sec. 102.081. ADDITIONAL COURT COSTS ON CONVICTION IN COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a county court shall collect fees and costs under the Code of Criminal Procedure on conviction of a defendant as follows: (1) a jury fee (Art. 102.004, Code of Criminal Procedure) . . . $20; (2) a fee for clerk of the court services (Art. 102.005, Code of Criminal Procedure) . . . $40; (3) a records management and preservation services fee (Art. 102.005, Code of Criminal Procedure) . . . $25; (4) a security fee on a misdemeanor offense (Art. 102.017, Code of Criminal Procedure) . . . $3; (5) a juvenile delinquency prevention and graffiti eradication fee(Art. 102.0171, Code of Criminal Procedure) . . . 50 [$-S]; [ate] (6) a juvenile case manager fee (Art. 102.0174, Code of Criminal Procedure) . . . not to exceed $5, and (7) a civil justice fee (Art. 102.022, Code of Criminal Procedure) . . . $0.10. (b) Section 102.081, Government Code, as amended by Chapter 1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session, 2007, is repealed. Section 102.081, Government Code, as amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular Session, 2007, to reorganize and renumber that section, continues in effect as further amended by this section. SECTION . Section 102.101, Government Code, is amended to read as follows: Sec. 102.101. ADDITIONAL COURT COSTS ON CONVICTION IN JUSTICE COURT: CODE OF CRIMINAL PROCEDURE. A clerk of a justice court shall collect fees and costs under the Code of Criminal Procedure on conviction of a defendant as follows: (1) a jury fee (Art. 102.004, Code of Criminal Procedure) . . . $3; (2) a fee for withdrawing request for jury less than 24 hours before time of trial (Art. 102.004, Code of Criminal Procedure) . . . $3; (3) a jury fee for two or more defendants tried jointly(Art. 102.004, Code of Criminal Procedure) . . . one jury fee of$3; 65 46 (4) a security fee on a misdemeanor offense (Art. 102.017, Code of Criminal Procedure) . . . $4; (5) a fee for technology fund on a misdemeanor offense (Art. 102.0173, Code of Criminal Procedure) . . . $4; (6) a juvenile case manager fee (Art. 102.0174, Code of Criminal Procedure) . . . not to exceed $5; (7) a fee on conviction of certain offenses involving issuing or passing a subsequently dishonored check (Art. 102.0071, Code of Criminal Procedure) . . . not to exceed $30; [a-F4] (8) a court cost on conviction of a Class C misdemeanor in a county with a population of 3.3 million or more, if authorized by the county commissioners court (Art. 102.009, Code of Criminal Procedure) . . . not to exceed $7, and (9) a civil justice fee (Art. 102.022, Code of Criminal Procedure) . . . $0.10. SECTION . Section 102.121, Government Code, is amended to read as follows: Sec. 102.121. ADDITIONAL COURT COSTS ON CONVICTION IN MUNICIPAL COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a municipal court shall collect fees and costs on conviction of a defendant as follows: (1) a jury fee (Art. 102.004, Code of Criminal Procedure) . . . $3; (2) a fee for withdrawing request for jury less than 24 hours before time of trial (Art. 102.004, Code of Criminal Procedure) . . . $3; (3) a jury fee for two or more defendants tried jointly(Art. 102.004, Code of Criminal Procedure) . . . one jury fee of$3; (4) a security fee on a misdemeanor offense (Art. 102.017, Code of Criminal Procedure) . . . $3; (5) a fee for technology fund on a misdemeanor offense (Art. 102.0172, Code of Criminal Procedure) . . . not to exceed $4; [ate] (6) a juvenile case manager fee (Art. 102.0174, Code of Criminal Procedure) . . . not to exceed $5, and (7) a civil justice fee (Art. 102.022, Code of Criminal Procedure) . . . $0.10. SECTION . Subchapter D, Chapter 1701, Occupations Code, is amended by adding Section 1701.164 to read as follows: Sec. 1701.164. COLLECTION OF CERTAIN INCIDENT-BASED DATA SUBMITTED BY LAW ENFORCEMENT AGENCIES. The commission shall collect and maintain incident-based data submitted to the commission under Article 2.134, Code of Criminal Procedure, including incident- based data compiled by a law enforcement agency from reports received by the law enforcement agency under Article 2.133 of that code. The commission in consultation with the Department of Public Safety, the Bill Blackwood Law Enforcement Management Institute of Texas, the W. W. Caruth, Jr., Police Institute at Dallas, and the Texas Police Chiefs Association shall develop guidelines for submitting in a standard format the report containing incident-based data as required by Article 2.134, Code of Criminal Procedure. SECTION Subsection (a), Section 1701.501, Occupations Code, is amended to read as follows: (a) Except as provided by Subsection (d),the commission shall revoke or suspend a license, place on probation a person whose license has been suspended, or reprimand a license holder for a violation of: (1) this chapteri 66 47 (2) the reporting requirements provided by Articles 2.132 and 2.134,Code of Criminal Procedure; or (3) a commission rule. SECTION . (a) The requirements of Articles 2.132, 2.133, and 2.134, Code of Criminal Procedure, as amended by this Act, relating to the compilation, analysis, and submission of incident-based data apply only to information based on a motorvehicle stop occurring on or after January 1, 2010. (b) The imposition of a cost of court under Article 102.022, Code of Criminal Procedure, as added by this Act, applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date. 67 48 Racial and Ethnic Designations (H.B. 3051) H.B. No. 3051 - An Act relating to the categories used to record the race or ethnicity of persons stopped for or convicted of traffic offenses. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Article 2.132(a)(3), Code of Criminal Procedure, is amended to read as follows: (3) "Race or ethnicity" means the following categories: (A) Alaska native or American Indian; (B) [„f a aFti6HIaF deseent, ; eluding Gaueasian, AfFi6an, Hisp,nie j Asian or Pacific Islander; C black; (D) white; and (E) Hispanic or Latino [, Native A....,...i6an, eF Middle EasteFA d,...eent] SECTION 2. Section 543.202(a), Transportation Code, is amended to read as follows: (a) In this section, "race or ethnicity" means the following categories: (1) Alaska native or American Indian; (2) [„f a aFti6HIaF descent, ; eluding Gaueasian, AfFi6an, Hisp,nie j Asian or Pacific Islander; 3 black; (4) white; and (5) Hispanic or Latino [, eF Native A....,...i6an d,...eent]. SECTION 3. This Act takes effect September 1, 2017. President of the Senate Speaker of the House I certify that H.B. No. 3051 was passed by the House on May 4, 2017, by the following vote: Yeas 143, Nays 2, 2 present, not voting. Chief Clerk of the House I certify that H.B. No. 3051 was passed by the Senate on May 19, 2017, by the following vote: Yeas 31, Nays 0. Secretary of the Senate APPROVED: Date Governor 68 49 The Sandra Bland Act S.B. 18 4 9 S.B. No. 1849 An Act relating to interactions between law enforcement and individuals detained or arrested on suspicion of the commission of criminal offenses, to the confinement, conviction, or release of those individuals, and to grants supporting populations that are more likely to interact frequently with law enforcement. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: ARTICLE 1. SHORT TITLE SECTION 1.01. SHORT TITLE. This Act shall be known as the Sandra Bland Act, in memory of Sandra Bland. ARTICLE 2. IDENTIFICATION AND DIVERSION OF AND SERVICES FOR PERSONS SUSPECTED OF HAVING A MENTAL ILLNESS, AN INTELLECTUAL DISABILITY, OR A SUBSTANCE ABUSE ISSUE SECTION 2.01. Article 16.22, Code of Criminal Procedure, is amended to read as follows: Art. 16.22. EARLY IDENTIFICATION OF DEFENDANT SUSPECTED OF HAVING MENTAL ILLNESS OR INTELLECTUAL DISABILITY [MENTAL RETARDATION]. (a)(1) Not later than 12 [72] hours after receiving credible information that may establish reasonable cause to believe that a defendant committed to the sheriff's custody has a mental illness or is a person with an intellectual disability [mental retardation], including observation of the defendant's behavior immediately before, during, and after the defendant's arrest and the results of any previous assessment of the defendant, the sheriff shall provide written or electronic notice of the information to the magistrate. On a determination that there is reasonable cause to believe that the defendant has a mental illness or is a person with an intellectual disability [mental retardation], the magistrate, except as provided by Subdivision (2), shall order the local mental health or intellectual and developmental disability [mental retardation] authority or another qualified mental health or intellectual disability [mental retardation] expert to: (A) collect information regarding whether the defendant has a mental illness as defined by Section 571.003, Health and Safety Code, or is a person with an intellectual disability [mental retardation] as defined by Section 591.003, Health and Safety Code, including information obtained from any previous assessment of the defendant; and (B) provide to the magistrate a written assessment of the information collected under Paragraph (A). (2) The magistrate is not required to order the collection of information under Subdivision 69 50 (1) if the defendant in the year preceding the defendant's applicable date of arrest has been determined to have a mental illness or to be a person with an intellectual disability [mental retardation] by the local mental health or intellectual and developmental disability [mental retardation] authority or another mental health or intellectual disability [mental retardation] expert described by Subdivision (1). A court that elects to use the results of that previous determination may proceed under Subsection (c). (3) If the defendant fails or refuses to submit to the collection of information regarding the defendant as required under Subdivision (1), the magistrate may order the defendant to submit to an examination in a mental health facility determined to be appropriate by the local mental health or intellectual and developmental disability [mental retardation] authority for a reasonable period not to exceed 21 days. The magistrate may order a defendant to a facility operated by the Department of State Health Services or the Health and Human Services Commission [Department of Aging and Disability Services]for examination only on request of the local mental health or intellectual and developmental disability [mental retardation] authority and with the consent of the head of the facility. If a defendant who has been ordered to a facility operated by the Department of State Health Services or the Health and Human Services Commission [Department of Aging and Disability Services] for examination remains in the facility for a period exceeding 21 days, the head of that facility shall cause the defendant to be immediately transported to the committing court and placed in the custody of the sheriff of the county in which the committing court is located. That county shall reimburse the facility for the mileage and per diem expenses of the personnel required to transport the defendant calculated in accordance with the state travel regulations in effect at the time. (b) A written assessment of the information collected under Subsection (a)(1)(A) shall be provided to the magistrate not later than the 30th day after the date of any order issued under Subsection (a) in a felony case and not later than the 10th day after the date of any order issued under that subsection in a misdemeanor case, and the magistrate shall provide copies of the written assessment to the defense counsel, the prosecuting attorney, and the trial court. The written assessment must include a description of the procedures used in the collection of information under Subsection (a)(1)(A) and the applicable expert's observations and findings pertaining to: (1) whether the defendant is a person who has a mental illness or is a person with an intellectual disability [mental retardation]; (2) whether there is clinical evidence to support a belief that the defendant may be incompetent to stand trial and should undergo a complete competency examination under Subchapter B, Chapter 4613; and (3) recommended treatment. (c) After the trial court receives the applicable expert's written assessment relating to the defendant under Subsection (b) or elects to use the results of a previous determination as described by Subsection (a)(2),the trial court may, as applicable: (1) resume criminal proceedings against the defendant, including any appropriate proceedings related to the defendant's release on personal bond under Article 17.032; (2) resume or initiate competency proceedings, if required, as provided by Chapter 46B 70 51 or other proceedings affecting the defendant's receipt of appropriate court-ordered mental health or intellectual disability [mental retardation] services, including proceedings related to the defendant's receipt of outpatient mental health services under Section 574.034, Health and Safety Code; or (3) consider the written assessment during the punishment phase after a conviction of the offense for which the defendant was arrested, as part of a presentence investigation report, or in connection with the impositions of conditions following placement on community supervision, including deferred adjudication community supervision. (d) This article does not prevent the applicable court from, before, during, or after the collection of information regarding the defendant as described by this article: (1) releasing a defendant who has a mental illness [mentally ill] or is a person with an intellectual disability [mentally retarded defendant] from custody on personal or surety bond; or (2) ordering an examination regarding the defendant's competency to stand trial. SECTION 2.02. Chapter 16, Code of Criminal Procedure, is amended by adding Article 16.23 to read as follows: Art. 16.23. DIVERSION OF PERSONS SUFFERING MENTAL HEALTH CRISIS OR SUBSTANCE ABUSE ISSUE. (a) Each law enforcement agency shall make a good faith effort to divert a person suffering a mental health crisis or suffering from the effects of substance abuse to a proper treatment center in the agency's jurisdiction if: (1) there is an available and appropriate treatment center in the agency's jurisdiction to which the agency may divert the person; (2) it is reasonable to divert the person; (3) the offense that the person is accused of is a misdemeanor,other than a misdemeanor involving violence; and (4) the mental health crisis or substance abuse issue is suspected to be the reason the person committed the alleged offense. (b) Subsection (a) does not apply to a person who is accused of an offense under Section 49.04, 49.045, 49.05, 49.06, 49.065, 49.07, or 49.08, Penal Code. SECTION 2.03. Section 539.002, Government Code, is amended to read as follows: Sec. 539.002. GRANTS FOR ESTABLISHMENT AND EXPANSION OF COMMUNITY COLLABORATIVES. (a) To the extent funds are appropriated to the department for that purpose, the department shall make grants to entities, including local governmental entities, nonprofit community organizations, and faith-based community organizations, to establish or expand community collaboratives that bring the public and private sectors together to provide services to persons experiencing homelessness, substance abuse issues, or [and] mental illness. [The department may make a maximum of five grants, which must be made in the most populous municipalities in this state that are located in counties with a population of more than one million.] In awarding grants, the department shall give special consideration to entities: (1) establishing [a] new collaboratives; or 71 52 (2) establishing or expanding collaboratives thatserve two or more counties, each with a population of less than 100,000 [collaborative]. (b) The department shall require each entity awarded a grant under this section to: (1) leverage additional funding from private sources in an amount that is at least equal to the amount of the grant awarded under this section; [and] (2) provide evidence of significant coordination and collaboration between the entity, local mental health authorities, municipalities, local law enforcement agencies, and other community stakeholders in establishing or expanding a community collaborative funded by a grant awarded under this section; and (3) provide evidence of a local law enforcement policy to divert appropriate persons from jails or other detention facilities to an entity affiliated with a community collaborative for the purpose of providing services to those persons. SECTION 2.04. Chapter 539, Government Code, is amended by adding Section 539.0051 to read as follows: Sec. 539.0051. PLAN REQUIRED FOR CERTAIN COMMUNITY COLLABORATIVE& (a) The governing body of a county shall develop and make public a plan detailing: (1) how local mental health authorities, municipalities, local law enforcement agencies, and other community stakeholders in the county could coordinate to establish or expand a community collaborative to accomplish the goals of Section 539.002; (2) how entities in the county may leverage funding from private sources to accomplish the goals of Section 539.002 through the formation or expansion of a community collaborative; and (3) how the formation or expansion of a community collaborative could establish or support resources or services to help local law enforcement agencies to divert persons who have been arrested to appropriate mental health care or substance abuse treatment. (b) The governing body of a county in which an entity that received a grant under Section 539.002 before September 1, 2017, is located is not required to develop a plan under Subsection (a). (c) Two or more counties, each with a population of less than 100,000, may form a joint plan under Subsection (a). ARTICLE 3. BAIL, PRETRIAL RELEASE, AND COUNTY JAIL STANDARDS SECTION 3.01. The heading to Article 17.032, Code of Criminal Procedure, is amended to read as follows: Art. 17.032. RELEASE ON PERSONAL BOND OF CERTAIN [MENTALLY ILL] DEFENDANTS WITH MENTAL ILLNESS OR INTELLECTUAL DISABILITY. SECTION 3.02. Articles 17.032(b) and (c), Code of Criminal Procedure, are amended to read as follows: (b) A magistrate shall release a defendant on personal bond unless good cause is shown 72 53 otherwise if the: (1) defendant is not charged with and has not been previously convicted of a violent offense; (2) defendant is examined by the local mental health or intellectual and developmental disability [mental retardation] authority or another mental health expert under Article 16.22 [of this code]; (3) applicable expert, in a written assessment submitted to the magistrate under Article 16.22: (A) concludes that the defendant has a mental illness or is a person with an intellectual disability [mental retardation] and is nonetheless competent to stand trial; and (B) recommends mental health treatment or intellectual disability treatment for the defendant, as applicable; and (4) magistrate determines, in consultation with the local mental health or intellectual and developmental disability [mental retardation] authority, that appropriate community-based mental health or intellectual disability [mental retardation] services for the defendant are available through the [Texas] Department of State [Mental] Health Services [and Mental Retardation] under Section 534.053, Health and Safety Code, or through another mental health or intellectual disability [mental retardation] services provider. (c) The magistrate, unless good cause is shown for not requiring treatment, shall require as a condition of release on personal bond under this article that the defendant submit to outpatient or inpatient mental health or intellectual disability [mental retardation] treatment as recommended by the local mental health or intellectual and developmental disability [mental retardation] authority if the defendant's: (1) mental illness or intellectual disability [mental retardation] is chronic in nature; or (2) ability to function independently will continue to deteriorate if the defendant is not treated. SECTION 3.03. Article 25.03, Code of Criminal Procedure, is amended to read as follows: Art. 25.03. IF ON BAIL IN FELONY. When the accused, in case of felony, is on bail at the time the indictment is presented, [it is not necessary to serve him with a copy, but] the clerk shall [on request] deliver a copy of the indictment [same] to the accused or the accused's [his] counsel[,] at the earliest possible time. SECTION 3.04. Article 25.04, Code of Criminal Procedure, is amended to read as follows: Art. 25.04. IN MISDEMEANOR. In misdemeanors, the clerk shall deliver a copy of the indictment or information to the accused or the accused's counsel at the earliest possible time before trial [it shall not be necessary before trial to furnish the accused with a copy of the indictment or information; but he or his counsel may demand a copy, which shall be given as early as possible SECTION 3.05. Section 511.009(a), Government Code, as amended by Chapters 281 (H.B. 875), 648 (H.B. 549), and 688 (H.B. 634), Acts of the 84th Legislature, Regular Session, 2015, is reenacted and amended to read as follows: 73 54 (a) The commission shall: (1) adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails; (2) adopt reasonable rules and procedures establishing minimum standards for the custody, care, and treatment of prisoners; (3) adopt reasonable rules establishing minimum standards for the number of jail supervisory personnel and for programs and services to meet the needs of prisoners; (4) adopt reasonable rules and procedures establishing minimum requirements for programs of rehabilitation, education, and recreation in county jails; (5) revise, amend, or change rules and procedures if necessary; (6) provide to local government officials consultation on and technical assistance for countyjails; (7) review and comment on plans for the construction and major modification or renovation of county jails; (8) require that the sheriff and commissioners of each county submit to the commission, on a form prescribed by the commission, an annual report on the conditions in each county jail within their jurisdiction, including all information necessary to determine compliance with state law, commission orders, and the rules adopted under this chapter; (9) review the reports submitted under Subdivision (8) and require commission employees to inspect county jails regularly to ensure compliance with state law, commission orders, and rules and procedures adopted under this chapter; (10) adopt a classification system to assist sheriffs and judges in determining which defendants are low-risk and consequently suitable participants in a county jail work release program under Article 42.034, Code of Criminal Procedure; (11) adopt rules relating to requirements for segregation of classes of inmates and to capacities for county jails; (12) require that the chief jailer of each municipal lockup submit to the commission, on a form prescribed by the commission, an annual report of persons under 17 years of age securely detained in the lockup, including all information necessary to determine compliance with state law concerning secure confinement of children in municipal lockups; (13) at least annually determine whether each county jail is in compliance with the rules and procedures adopted under this chapter; (14) require that the sheriff and commissioners court of each county submit to the commission,on a form prescribed by the commission,an annual report of persons under 17 years of age securely detained in the county jail, including all information necessary to determine compliance with state law concerning secure confinement of children in county jails; (15) schedule announced and unannounced inspections of jails under the commission's jurisdiction using the risk assessment plan established under Section 511.0085 to guide the inspections process; (16) adopt a policy for gathering and distributing to jails under the commission's jurisdiction information regarding: (A) common issues concerning jail administration; (B) examples of successful strategies for maintaining compliance with state law and the rules, 74 55 standards, and procedures of the commission; and (C) solutions to operational challenges for jails; (17) report to the Texas Correctional Office on Offenders with Medical or Mental Impairments on a jail's compliance with Article 16.22, Code of Criminal Procedure; (18) adopt reasonable rules and procedures establishing minimum requirements forjails to: (A) determine if a prisoner is pregnant; and (B) ensure that the jail's health services plan addresses medical and mental health care, including nutritional requirements, and any special housing or work assignment needs for persons who are confined in the jail and are known or determined to be pregnant; (19) provide guidelines to sheriffs regarding contracts between a sheriff and another entity for the provision of food services to or the operation of a commissary in a jail under the commission's jurisdiction, including specific provisions regarding conflicts of interest and avoiding the appearance of impropriety; [and] (20) adopt reasonable rules and procedures establishing minimum standards for prisoner visitation that provide each prisoner at a countyjail with a minimum of two in-person, noncontact visitation periods per week of at least 20 minutes duration each; (21) [(20)] require the sheriff of each county to: (A) investigate and verify the veteran status of each prisoner by using data made available from the Veterans Reentry Search Service (VRSS) operated by the United States Department of Veterans Affairs or a similar service; and (B) use the data described by Paragraph (A) to assist prisoners who are veterans in applying for federal benefits or compensation for which the prisoners may be eligible under a program administered by the United States Department of Veterans Affairs; (22) [(20)] adopt reasonable rules and procedures regarding visitation of a prisoner at a county jail by a guardian, as defined by Section 1002.012, Estates Code, that: (A) allow visitation by a guardian to the same extent as the prisoner's next of kin, including placing the guardian on the prisoner's approved visitors list on the guardian's request and providing the guardian access to the prisoner during a facility's standard visitation hours if the prisoner is otherwise eligible to receive visitors; and (B) require the guardian to provide the sheriff with letters of guardianship issued as provided by Section 1106.001, Estates Code, before being allowed to visit the prisoner; and (23) adopt reasonable rules and procedures to ensure the safety of prisoners, including rules and procedures that require a county jail to: (A) give prisoners the ability to access a mental health professional at the jail through a telemental health service 24 hours a day; (B) give prisoners the ability to access a health professional at the jail or through a telehealth service 24 hours a day or, if a health professional is unavailable at the jail or through a telehealth service, provide for a prisoner to be transported to access a health professional; and (C) if funding is available under Section 511.019, install automated electronic sensors or cameras to ensure accurate and timely in-person checks of cells or groups of cells confining at-risk individuals. SECTION 3.06. Section 511.009, Government Code, is amended by adding Subsection (d) to read 75 56 as follows: (d) The commission shall adopt reasonable rules and procedures establishing minimum standards regarding the continuity of prescription medications for the care and treatment of prisoners. The rules and procedures shall require that a qualified medical professional shall review as soon as possible any prescription medication a prisoner is taking when the prisoner is taken into custody. SECTION 3.07. Chapter 511,Government Code, is amended by adding Sections 511.019,511.020, and 511.021 to read as follows: Sec. 511.019. PRISONER SAFETY FUND. (a) The prisoner safety fund is a dedicated account in the general revenue fund. (b) The prisoner safety fund consists of: (1) appropriations of money to the fund by the legislature; and (2) gifts, grants, including grants from the federal government, and other donations received for the fund. (c) Money in the fund may be appropriated only to the commission to pay for capital improvements that are required under Section 511.009(a)(23). (d) The commission by rule may establish a grant program to provide grants to counties to fund capital improvements described by Subsection (c). The commission may only provide a grant to a county for capital improvements to a county jail with a capacity of not more than 96 prisoners. Sec. 511.020. SERIOUS INCIDENTS REPORT. (a) On or before the fifth day of each month, the sheriff of each county shall report to the commission regarding the occurrence during the preceding month of any of the following incidents involving a prisoner in the county jail: (1) a suicide; (2) an attempted suicide; (3) a death; (4) a serious bodily injury, as that term is defined by Section 1.07, Penal Code; (5) an assault; (6) an escape; (7) a sexual assault; and (8) any use of force resulting in bodily injury,as that term is defined by Section 1.07, Penal Code. (b) The commission shall prescribe a form for the report required by Subsection (a). (c) The information required to be reported under Subsection (a)(8) may not include the name or other identifying information of a county jailer or jail employee. (d) The information reported under Subsection (a) is public information subject to an open records request under Chapter 552. Sec. 511.021. INDEPENDENT INVESTIGATION OF DEATH OCCURRING IN COUNTYJAIL. (a) On the death of a prisoner in a countyjail,the commission shall appoint a law enforcement agency,other 76 57 than the local law enforcement agency that operates the county jail, to investigate the death as soon as possible. (b) The commission shall adopt any rules necessary relating to the appointment of a law enforcement agency under Subsection (a), including rules relating to cooperation between law enforcement agencies and to procedures for handling evidence. SECTION 3.08. The changes in law made by this article to Article 17.032, Code of Criminal Procedure, apply only to a personal bond that is executed on or after the effective date of this Act. A personal bond executed before the effective date of executed, and the former law is continued in effect for that purpose. SECTION 3.09. Not later than January 1, 2018, the Commission on Jail Standards shall: (1) adopt the rules and procedures required by Section 511.009(d), Government Code, as added by this article, and the rules required by Section 511.021(b), Government Code, as added by this article; and (2) prescribe the form required by Section 511.020(b), Government Code, as added by this article. SECTION 3.10. Not later than September 1, 2018, the Commission on Jail Standards shall adopt the rules and procedures required by Section 511.009(a)(23), Government Code, as added by this article. On and after September 1, 2020, a county jail shall comply with any rule or procedure adopted by the Commission on Jail Standards under that subdivision. SECTION 3.11. To the extent of any conflict, this Act prevails over another Act of the 85th Legislature, Regular Session, 2017, relating to non-substantive additions to and corrections in enacted codes. ARTICLE 4. PEACE OFFICER AND COUNTY JAILER TRAINING SECTION 4.01. Chapter 511, Government Code, is amended by adding Section 511.00905 to read as follows: Sec. 511.00905. JAIL ADMINISTRATOR POSITION; EXAMINATION REQUIRED. (a) The Texas Commission on Law Enforcement shall develop and the commission shall approve an examination for a person assigned to the jail administrator position overseeing a county jail. (b) The commission shall adopt rules requiring a person, other than a sheriff, assigned to the jail administrator position overseeing a countyjail to pass the examination not later than the 180th day after the date the person is assigned to that position. The rules must provide that a person who fails the examination may be immediately removed from the position and may not be reinstated until the person passes the examination. (c) The sheriff of a county shall perform the duties of the jail administrator position at any time there is not a person available who satisfies the examination requirements of this 77 58 section. (d) A person other than a sheriff may not serve in the jail administrator position of a county jail unless the person satisfies the examination requirement of this section. SECTION 4.02. Section 1701.253, Occupations Code, is amended by amending Subsection (j) and adding Subsection (n) to read as follows: commission shall require an officer to complete a 40- hour statewide education and training program on de-escalation and crisis intervention techniques to facilitate interaction with persons with mental impairments. An officer shall complete the program not later than the second anniversary of the date the officer is licensed under this chapter or the date the officer applies for an intermediate proficiency certificate, whichever date is earlier. An officer may not satisfy the requirements of this subsection [section] or Section 1701.402(g) by taking an online course on de-escalation and crisis intervention techniques to facilitate interaction with persons with mental impairments. (n) As part of the minimum curriculum requirements, the commission shall require an officer to complete a statewide education and training program on de-escalation techniques to facilitate interaction with members of the public, including techniques for limiting the use of force resulting in bodily injury. SECTION 4.03. Section 1701.310(a), Occupations Code, is amended to read as follows: (a) Except as provided by Subsection (e),a person may not be appointed as a countyjailer,except on a temporary basis, unless the person has satisfactorily completed a preparatory training program, as required by the commission, in the operation of a county jail at a school operated or licensed by the commission.The training program must consist of at least eight hours of mental health training approved by the commission and the Commission on Jail Standards. SECTION 4.04. Section 1701.352(b), Occupations Code, is amended to read as follows: (b) The commission shall require a state, county, special district, or municipal agency that appoints or employs peace officers to provide each peace officer with a training program at least once every 48 months that is approved by the commission and consists of: (1) topics selected by the agency; and (2) for an officer holding only a basic proficiency certificate, not more than 20 hours of education and training that contain curricula incorporating the learning objectives developed by the commission regarding: (A) civil rights, racial sensitivity, and cultural diversity; (B) de-escalation and crisis intervention techniques to facilitate interaction with persons with mental impairments; [and] (C) de-escalation techniques to facilitate interaction with members of the public, including techniques for limiting the use of force resulting in bodily injury; and (D) unless determined by the agency head to be inconsistent with the officer's assigned duties: (i) the recognition and documentation of cases that involve child abuse or neglect, family violence, and sexual assault; and (ii) issues concerning sex offender characteristics. SECTION 4.05. Section 1701.402,Occupations Code, is amended by adding Subsection (n)to read 78 59 as follows: (n) As a requirement for an intermediate proficiency certificate or an advanced proficiency certificate, an officer must complete the education and training program regarding de-escalation techniques to facilitate interaction with members of the public established by the commission under Section 1701.253(n). SECTION 4.06. Not later than March 1, 2018, the Texas Commission on Law Enforcement shall develop and the Commission on Jail Standards shall approve the examination required by Section 511.00905, Government Code, as added by this article. SECTION 4.07. (a) Not later than March 1, 2018, the Texas Commission on Law Enforcement shall establish or modify training programs as necessary to comply with Section 1701.253, Occupations Code, as amended by this article. (b) The minimum curriculum requirements under Section 1701.253(j), Occupations Code, as amended by this article, apply only to a peace officer who first begins to satisfy those requirements on or after April 1, 2018. SECTION 4.08. (a) Section 1701.310, Occupations Code, as amended by this article, takes effect January 1, 2018. (b) A person in the position of county jailer on September 1, 2017, must comply with Section 1701.310(a), Occupations Code, as amended by this article, not later than August 31, 2021. ARTICLE 5. MOTOR VEHICLE STOPS, RACIAL PROFILING, AND ISSUANCE OF CITATIONS SECTION 5.01. Article 2.132, Code of Criminal Procedure, is amended by amending Subsections (b) and (d) and adding Subsection (h) to read as follows: (b) Each law enforcement agency in this state shall adopt a detailed written policy on racial profiling. The policy must: (1) clearly define acts constituting racial profiling; (2) strictly prohibit peace officers employed by the agency from engaging in racial profiling; (3) implement a process by which an individual may file a complaint with the agency if the individual believes that a peace officer employed bythe agency has engaged in racial profiling with respect to the individual; (4) provide public education relating to the agency's compliment and complaint process, including providing the telephone number, mailing address, and e-mail address to make a compliment or complaint with respect to each ticket, citation, or warning issued by a peace officer; (5) require appropriate corrective action to be taken against a peace officer employed by the agency who, after an investigation, is shown to have engaged in racial profiling in violation of the agency's policy adopted under this article; (6) require collection of information relating to motor vehicle stops in which a ticket, citation, or warning is issued and to arrests made as a result of those stops, including information 79 60 relating to: (A) the race or ethnicity of the individual detained; (B) whether a search was conducted and, if so, whether the individual detained consented to the search; [and] (C) whether the peace officer knew the race or ethnicity of the individual detained before detaining that individual; (D) whether the peace officer used physical force that resulted in bodily injury, as that term is defined by Section 1.07, Penal Code, during the stop; (E) the location of the stop; and (F) the reason for the stop; and (7) require the chief administrator of the agency, regardless of whether the administrator is elected,employed,or appointed,to submit an annual report of the information collected under Subdivision (6) to: (A) the Texas Commission on Law Enforcement; and (B) the governing body of each county or municipality served by the agency, if the agency is an agency of a county, municipality, or other political subdivision of the state. (d) On adoption of a policy under Subsection (b), a law enforcement agency shall examine the feasibility of installing video camera and transmitter-activated equipment in each agency law enforcement motor vehicle regularly used to make motor vehicle stops and transmitter-activated equipment in each agency law enforcement motorcycle regularly used to make motor vehicle stops.The agency also shall examine the feasibility of equipping each peace officer who regularly detains or stops motor vehicles with a body worn camera, as that term is defined by Section 1701.651, Occupations Code. If a law enforcement agency installs video or audio equipment or equips peace officers with body worn cameras as provided by this subsection,the policy adopted by the agency under Subsection (b) must include standards for reviewing video and audio documentation. (h) A law enforcement agency shall review the data collected under Subsection (b)(6) to identify any improvements the agency could make in its practices and policies regarding motor vehicle stops. SECTION 5.02. Article 2.133, Code of Criminal Procedure, is amended by amending Subsection (b) and adding Subsection (c) to read as follows: (b) A peace officer who stops a motorvehicle for an alleged violation of a law or ordinance shall report to the law enforcement agency that employs the officer information relating to the stop, including: (1) a physical description of any person operating the motor vehicle who is detained as a result of the stop, including: (A) the person's gender; and (B) the person's race or ethnicity, as stated by the person or, if the person does not state the person's race or ethnicity, as determined by the officer to the best of the officer's ability; (2) the initial reason for the stop; (3) whether the officer conducted a search as a result of the stop and, if so, whether the person detained consented to the search; (4) whether any contraband or other evidence was discovered in the course of the search 80 61 and a description of the contraband or evidence; (5) the reason for the search, including whether: (A) any contraband or other evidence was in plain view; (B) any probable cause or reasonable suspicion existed to perform the search; or (C) the search was performed as a result of the towing of the motor vehicle or the arrest of any person in the motor vehicle; (6) whether the officer made an arrest as a result of the stop or the search, including a statement of whether the arrest was based on a violation of the Penal Code,a violation of a traffic law or ordinance, or an outstanding warrant and a statement of the offense charged; (7) the street address or approximate location of the stop; [and] (8) whether the officer issued a verbal or written warning or a ticket or citation as a result of the stop; and (9) whether the officer used physical force that resulted in bodily injury, as that term is defined by Section 1.07, Penal Code, during the stop. (c) The chief administrator of a law enforcement agency, regardless of whether the administrator is elected, employed, or appointed, is responsible for auditing reports under Subsection (b) to ensure that the race or ethnicity of the person operating the motor vehicle is being reported. SECTION 5.03. Article 2.134(c), Code of Criminal Procedure, is amended to read as follows: (c) A report required under Subsection (b) must be submitted by the chief administrator of the law enforcement agency, regardless of whether the administrator is elected, employed, or appointed, and must include: (1) a comparative analysis of the information compiled under Article 2.133 to: (A) evaluate and compare the number of motor vehicle stops, within the applicable jurisdiction, of persons who are recognized as racial or ethnic minorities and persons who are not recognized as racial or ethnic minorities; [and] (B) examine the disposition of motor vehicle stops made by officers employed by the agency, categorized according to the race or ethnicity of the affected persons, as appropriate, including any searches resulting from stops within the applicable jurisdiction; and (C) evaluate and compare the number of searches resulting from motor vehicle stops within the applicable jurisdiction and whether contraband or other evidence was discovered in the course of those searches; and (2) information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling. SECTION 5.04. Article 2.137, Code of Criminal Procedure, is amended to read as follows: Art. 2.137. PROVISION OF FUNDING OR EQUIPMENT. (a) The Department of Public Safety shall adopt rules for providing funds or video and audio equipment to law enforcement agencies for the purpose of installing video and audio equipment in law enforcement motor vehicles and motorcycles or equipping peace officers with body worn cameras [as described by Article 2.135(a)(1)(A)], including specifying criteria to prioritize funding or equipment provided to law enforcement agencies. The criteria may include consideration of tax effort, financial hardship, 81 62 available revenue, and budget surpluses.The criteria must give priority to: (1) law enforcement agencies that employ peace officers whose primary duty is traffic enforcement; (2) smaller jurisdictions; and (3) municipal and county law enforcement agencies. (b) The Department of Public Safety shall collaborate with an institution of higher education to identify law enforcement agencies that need funds or video and audio equipment for the purpose of installing video and audio equipment in law enforcement motor vehicles and motorcycles or equipping peace officers with body worn cameras [as described by Article 2.135(a)(1)(A)]. The collaboration may include the use of a survey to assist in developing criteria to prioritize funding or equipment provided to law enforcement agencies. (c) To receive funds or video and audio equipment from the state for the purpose of installing video and audio equipment in law enforcement motor vehicles and motorcycles or equipping peace officers with body worn cameras [as described by Article 2.135(a)(1)(A)], the governing body of a county or municipality, in conjunction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency needs funds or video and audio equipment for that purpose. (d) On receipt of funds or video and audio equipment from the state for the purpose of installing video and audio equipment in law enforcement motor vehicles and motorcycles or equipping peace officers with body worn cameras [as described by Article 2.135(a)(1)(A)], the governing body of a county or municipality, in conjunction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency has taken the necessary actions to use and is using [installed] video and audio equipment and body worn cameras for those purposes [as described by Article 2.135(a)(1)(A) and is using the equipment as required by Article 2.135(a)(1)]. SECTION 5.05. Article 2.1385(a), Code of Criminal Procedure, is amended to read as follows: (a) If the chief administrator of a local law enforcement agency intentionally fails to submit the incident-based data as required by Article 2.134, the agency is liable to the state for a civil penalty in an [the] amount not to exceed $5,000 [of $1,000] for each violation. The attorney general may sue to collect a civil penalty under this subsection. SECTION 5.06. Article 2.135, Code of Criminal Procedure, is repealed. SECTION 5.07. Articles 2.132 and 2.134, Code of Criminal Procedure, as amended by this article, apply only to a report covering a calendar year beginning on or after January 1, 2018. SECTION 5.08. Not later than September 1, 2018, the Texas Commission on Law Enforcement shall: (1) evaluate and change the guidelines for compiling and reporting information required under Article 2.134, Code of Criminal Procedure, as amended by this article, to enable the guidelines to better withstand academic scrutiny; and (2) make accessible online: (A) a downloadable format of any information submitted under Article 2.134(b), Code of Criminal 82 63 Procedure, that is not exempt from public disclosure under Chapter 552, Government Code; and (B) a glossary of terms relating to the information to make the information readily understandable to the public. This Act takes effect September 1, 2017. President of the Senate Speaker of the House I hereby certify that S.B. No. 1849 passed the Senate on May 11, 2017, by the following vote: Yeas 31, Nays 0. Secretary of the Senate I hereby certify that S.B. No. 1849 passed the House on May 20, 2017, by the following vote: Yeas 137, Nays 0, one present not voting. ARTICLE 6. EFFECTIVE DATE SECTION 6.01. Except as otherwise provided by this Act, Approved: Date Governor Chief Clerk of the House 83 64 TROPHY CLUB POLICE DEPARTMENT RACIAL PROFILING POLICY 84 65 Policy Trophy Club Police Department 333 Policy Manual RACIAL PROFILING / BIAS BASED PROFILING 333.1 PURPOSE The purpose of this policy is to affirm that the Trophy Club Police Department is committed to unbiased policing in all its encounters between officers and any person. The Department recognizes that our society holds the freedoms of the individual as a fundamental concept. Therefore members of this Department will not infringe upon this freedom without just, legal and necessary cause.This policy strictly forbids profiling of any individual or group based solely on race,ethnic background,gender, sexual orientation, religion, economic status, age, cultural group, faith-based organizations or any other identifiable group. 333.2 POLICY It is the policy of this department to police in a proactive manner and to aggressively investigate suspected violations of the law. Officers shall actively enforce local, state and federal laws in a responsible and professional manner, without regard to race, ethnicity, national origin. Officers are strictly prohibited from engaging in racial profiling as defined in this policy. Racial profiling is an unacceptable police tactic and will not be condoned. • This policy strictly prohibits profiling of any individual based on race, ethnic background, gender, sexual orientation, religion, economic status, age, cultural group, or any other identifiable group . • This Policy is adopted in compliance with the requirements of Articles 2.131 through 2.138, Texas Code of Criminal Procedure, which prohibits Texas peace officers from engaging in racial profiling. 333.3 DEFINITIONS Racial Profiling: A law enforcement-initiated action based on an individual's race, ethnicity, national origin, rather than on behavior or information identifying the individual as having engaged in criminal activity. Racial profiling pertains to persons who are viewed as suspects or potential suspect of criminal behavior. The term is not relevant as it pertains to witnesses, complainants, persons needing assistance, or other citizen contacts. Bias Based Profiling: The selection of an individual based solely on a trait common to that group for enforcement action. This includes, but is not limited to: race, ethnic background, gender, sexual orientation, religion, economic status, cultural group, or any other identifiable group. Race or Ethnicity: Persons of a particular descent, including Caucasian, Black, Hispanic, Asian, Middle Eastern or Native American descent. Acts Constituting Racial (Bias Based) Profiling: Acts initiating law enforcement action, such as a traffic stop, a detention, a search, issuance of a citation, or an arrest based solely upon an individual's race, ethnicity, or national origin or on the basis of racial or ethnic stereotypes, rather than upon the individuals' behavior, information identifying the individual as having possibly engaged in criminal activity, or other lawful rea!Wns for the law enforcement action. Copyright Lexipol,LLC 2021/12/06,All Rights Reserved. RACIAL PROFILING/BIAS BASED Published with permission by Trophy Club Police Department PROFILING- 1 Trophy Club Police Department Policy Manual RACIAL PROFILING/BIAS BASED PROFILING Motor Vehicle Contact: An occasion in which a peace officer stops a motor vehicle for an alleged violation of law or ordinance. 333.4 PROHIBITION Officers of the Trophy Club Police Department are strictly prohibited from engaging in racial profiling. The prohibition against racial profiling does not preclude the use of race, ethnicity or national origin as factors in a detention decision by an officer. Race, ethnicity or national origin may be legitimate factors in such a decision when used as part of a description of a suspect or witness for whom an officer is searching. Officers of the Trophy Club Police Department shall not engage in profiling based solely on race, ethnic background, gender,sexual orientation, religion, economic status, age, culture,or any other identifiable group. 333.5 COMPLAINT PROCESS No person shall be discouraged, intimidated or coerced from filing a complaint,or be discriminated against because they have filed a complaint. Any person who believes that a peace officer employed by the Trophy Club Police Department has engaged in racial profiling with respect to that person, may file a complaint in accordance with the provisions ofTrophy Club Police Department Policy 901 Complaints. • An employee who is contacted regarding a complaint against an officer shall follow the procedures set forth in Trophy Club Police Department Policy 901 Complaints. • Citizens who appear in person wishing to file a complaint shall be provided with a department brochure, "How to File a Complaint." Brochures are maintained in the Trophy Club Police Department lobby, and at the Trophy Club Town Hall. Citizens may also be directed to the Departmental website to file a complaint. Any supervisor who becomes aware of an alleged or suspected violation of this Policy shall report the alleged violation in accordance with Trophy Club Police Department Policy 901 Complaints. Complaints of racial profiling shall be classified as a Level I complaint, and shall be investigated by the Professional Standards Unit,or a designated Internal Affairs Investigator unless otherwise directed by the Chief of Police. A log of all Racial Profiling Complaints will be maintained by the Chief of Police. 333.6 DISCIPLINARY AND CORRECTIVE ACTIONS Any officer of this Department who is found, after investigation, to have engaged in racial profiling in violation of this Policy may be subject to disciplinary action, up to an including termination. Disciplinary or corrective actions may include diversity, sensitivity or other appropriate training or counseling, as determined by the Chief of Police. 86 Copyright Lexipol,LLC 2021/12/06,All Rights Reserved. RACIAL PROFILING/BIAS BASED Published with permission by Trophy Club Police Department PROFILING-2 Trophy Club Police Department Policy Manual RACIAL PROFILING/BIAS BASED PROFILING 333.7 PUBLIC EDUCATION • This Department shall provide education to the public concerning the racial profiling complaint process. The primary method of public education shall be through a brochure, "How to File a Complaint" which are maintained in the lobby of the Trophy Club Police Department, and at the Trophy Club Town Hall. These brochures are available in both English and Spanish versions. Other education methods may be utilized to inform the public, including news media, civic presentations, the Internet, and/or public meetings. • The Trophy Club Police Department shall provide public education relating to the Department's complaint process which shall be printed on each ticket, citation or warning issued by Trophy Club Officers. In the event that it is not possible for the computer generated citations to print the complaint process information, Officers shall provide information on how to file a complaint when encountering the public by means of an information card"How to file a complaint"which will be presented to all individuals who are stopped or arrested by Trophy Club Police Officers. 333.8 COLLECTION OF INFORMATION AND ANNUAL REPORT WHEN CITATION ISSUED OR ARREST MADE For each motor vehicle contact in which a citation is issued and/or for each arrest resulting from a motor vehicle contact, an officer involved in the stop shall collect the following information: If the person contacted is a resident of the Town of Trophy Club, it shall be reflected in the data that is entered. (b) The gender of the person being reported. (c) Information identifying the race or ethnicity of the person detained. The following codes will be used to identify the individual's race: 1. A. = Asian 2. B = Black 3. C = Caucasian 4. H = Hispanic 5. M = Middle Eastern 6. NA = Native American/American Indian 7. O = Other Note: Officers may not ask the individual to identify their race. If the officer is unable to determine the race or ethnicity of the person contacted, then the race shall be entered as "Other" on the citation(s) issued (d) Whether the officer knew the race or ethnicity of the individual detained before detaining that individual. 87 Copyright Lexipol,LLC 2021/12/06,All flights Reserved. RACIAL PROFILING i BIAS BASED Published with permission by Trophy Club Police Department PROFILING-3 Trophy Club Police Department Policy Manual RACIAL PROFILING/BIAS BASED PROFILING (e) What violation/charge was used to make first contact or was it related to a Call-For Service. (f) What was the action taken (citation or arrest)? (g) What was the contacted person's charge? (h) Was a search was conducted? (i) If a search was conducted, did the individual detained consent to the search? Q) Whether a search was conducted because probable cause existed. (k) Whether contraband was found; and, if so, what was the contraband? (1) The information collected shall be entered into a database by entering Racial Profiling data utilizing the in-car Mobile Data Computer (MDC) or the computers available in the Department. All contacts requiring Racial Profiling data collection must be entered 1. In the event the data is unable to be collected electronically, the data will be recorded on temporary forms and entered in the database at a later date. 2. ThePatrol Captain shall ensure all Racial Profiling Data is collected and reported to the Chief of Police. The data collected shall be compiled in an annual report covering the period January 1 through December 31 of each year, and shall be submitted to the governing body of the Town of Trophy Club no later than March of the following year. The report will include: (a) A breakdown of citations by race or ethnicity; (b) Number of citations that resulted in a search; (c) Number of searches that were consensual; (d) Number of citations that resulted in custodial arrest; and (e) Public education efforts concerning the racial profiling complaint process. 3. The annual report shall not include identifying information about any individual stopped or arrested, and shall not include identifying information about any peace officer involved in a stop or arrest. 4. Racial Profiling Data will also be reported to the Texas Commission on Law Enforcement Officer Standards and Education(TCOLE)by March 1 of each year, following the Commission's prescribed format. 333.9 AUDIO AND VIDEO EQUIPMENT A. Each motor vehicle regularly used by this department to make motor vehicle contacts shall be equipped with a mobile video camera system capable of recording video and audio, and each motorcycle regularly used by this department to make motor vehicle contacts shall be equipped with audio recording equipment. 88 Copy6ghtLempol LLC 2021/12/06,All Rights Reserved, RACIAL PROFILING 1 BIAS BASfFD Published with permission by Trophy Club Police Department PROFILING-4 Trophy Club Police Department Policy Manual RADIAL PROFILING/BIAS BASED PROFILING B. Each motor vehicle contact made by an officer of this department capable of being recorded by video and audio, or by audio only for motorcycles, shall be recorded. C. Supervisors and officers shall ensure that mobile video camera equipment, and/or audio equipment, is properly functioning prior to commencing their tour of duty. Police units with malfunctioning or inoperable mobile video camera equipment shall not be utilized under normal circumstances. D. Supervisors shall have the authority to assign units with malfunctioning or inoperable mobile video equipment when situations dictate. Officers assigned to such units shall collect and document the information listed below for each motor vehicle contact. All documentation must be submitted to the officer's supervisor prior to ending that tour of duty. Documentation shall include but is not limited to field interview forms, traffic citations and warning tickets. 1. A physical description of any person operating the motor vehicle, who is detained as a result of the stop, including: (a) The person's gender. (b) The person's race or ethnicity, as stated by the person, or if the person does not state, the person's race or ethnicity, as determined by the officer to the best of his or her ability. Officers will not ask the individual to identify their race or ethnicity. (c) Whether the officer knew the race or ethnicity of the individual detained before detaining that individual. (d) The initial reason for the stop. (e) Whether officer conducted a search as a result of the stop, and, if so, whether or not the person detained consented to the search. (f) Whether any contraband or other evidence was discovered in the course of the search and a description of the contraband or evidence. (g) The reason for the search, including whether: 1. Any contraband or other evidence was in plain view. 2. Any probably cause or reasonable suspicion existed to perform the search; or 3. The search was performed as a result of the towing of the motor vehicle or the arrest of any person in the motor vehicle. 4. Whether the officer made an arrest as a result of the stop or the search, including a statement of whether the arrest was based on a violation of Penal Code, a violation of traffic law or ordinance or an outstanding warrant and a statement of the offense charged. (h) The street address or approximate location of the stop. (i) Whether the officer issued a citation or a written warning as a result of the stop. 89 Copyright Lexipol,i_i_c 2 02 1/1 2106,Ali Rights Reserved. RACIAL PROFILING f BIAS BASFI Published with permission by Trophy Club Police Department PROFILING-5 Trophy Club Police Department Policy Manual RACIAL ,PROFILING/BIAS BASED PROFILING (j) Whether the person contacted is a resident or non-resident of the Town of Trophy Club. This shall be reflected on each citation issued, using an (R) for residents or an (NR) for non-resident. 333.10 REVIEW OF VIDEO AND AUDIO DOCUMENTATION A. Each audio and video recording shall be retained for a minimum period of ninety (90) days, unless a complaint is filed alleging that an officer has engaged in a racial profiling with respect to a motor vehicle contact. The Captain of the Patrol Division shall ensure that all audio and recordings are properly stored and retained in accordance with applicable laws and this Policy. B. (If a complaint is received alleging that an officer has engaged in racial profiling, the audio/video recording shall be forwarded to the Chief of Police. The Chief of Police shall retain the video until final disposition of the complaint has been made. C. The Patrol Captain or designee shall review a randomly selected sampling of video and audio recordings, made recently by officers employed by the Department, in order to determine if patterns of racial profiling exist.This Policy requires the supervisory review of at least three (3) random videos each quarter (3 months) per officer. These reviews shall be documented on the appropriate form. D. Written documentation shall include: 1. The names of the officers whose contacts were reviewed. 2. The date(s) of the videos reviewed. 3. The date the actual review was conducted. 4. The name of the person conducting the review. E. The Patrol Captain shall forward the required documentation to the Chief of Police or his designee. F. The Field Operations Division shall maintain a file of all video review documentation performed, in compliance with this Policy. G. In reviewing audio and video recordings, the Patrol Captain or designee shall seek to determine if the officer(s) reviewed have engaged in a pattern of racial profiling that includes multiple acts constituting racial profiling for which there is no reasonable, credible explanation based on established police and law enforcement procedures. 333.11 TRAINING Each peace officer employed by the department shall complete the comprehensive education and training program on racial profiling established by the Texas Commission on Law Enforcement Officer (TCOLE) not later than the second anniversary of the date the officer was licensed, or the date the officer applies for an intermediate proficiency certificate, whichever date is earlier. A person who on September 1, 2001, held a TCOLE intermediate proficiency certificate, or who had held a peace officer license issued by TCOLE for at least two years, shall complete a TCOLE training and education program on racial profiling not later than September 1 of the current year. Copyright Lexipol,LLC 2U21/12/06,All Rights Reserved. RACIAL PROFILING/BIAS BASED Published with permission by Trophy Club Police Department PROFILING-6 Trophy Club Police [department Policy Manual RACIAL PROFILING/BIAS BASED PROFILING The Chief of Police shall, in completing the training required by Section 96.641, Texas 777 Education Code, complete the program on racial profiling established by the Bill Blackwood Law Enforcement management Institute of Texas (LEMIT). 91 Copyright Lempol,LLC 202 t02/05,All Rights Reserved. RACIAL PROFILING/BIAS BASED Published with permission by Trophy Club Police Department PROFILING-7 1, 1 I. J pµ.e For additional questions regarding the information presented in t this report, please contact: Del Carmen Consulting® 817.681 .7840 www.texasracialprofiling.com www.delcarmenconsulting.com I"i IiJ i dN� Disclaimer: The author of this report, Alejandro del Carmen/del Carmen Consulting& is not liable for any omissions or errors committed in the acquisition, analysis, or creation of this report. Further, Dr. del Carmen/del Carmen Consulting ® is not responsible for the inappropriate use and distribution of information contained in this report. Further, no liability shall be incurred as a result of any harm that may be caused to individuals and/or organizations as a result of the information 4j contained in this report. Copyright: This report may not be altered or reproduced outside the agreed �;rms, in any manner whatsoever without the written permission of the author. TCTOWN OF * TROPHY CLUB T 'Irophy Wood Drive, Trophy Club, TX 76262 1 682.237.2900 1 iiifo��@ti-oph)7c]Eib.org N trophyclub.org To: Mayor and Town Council From: Matt Cox, Director of Community Development CC: Wade Carroll, Town Manager Leticia Vacek, Town Secretary Re: Bid for Sound Wall Repair Town Council Meeting,January 25, 2022 Agenda Item: Take appropriate action to approve the Bid for the Sound Wall Repair for$23,600. Strategic Link: Nature & Beautification — Maintain Town assets, services and codes of ordinances that preserve the natural beauty of the Town. Background and Explanation: In May 2021, a vehicle on 114 service road lost control and drove through the Trophy Club sound wall barrier. Due to Covid and multiple delays in the manufacturing supply chain,this project has far exceeded the normal timeline for a repair. Staff has been in contact with the affected homeowner throughout this process. Mr. Ragsdale (4 Winding Ct) has been very understanding and patient these past 6 months and appreciated the customer service our department has displayed. A police report was filed with Trophy Club PD and a coverage claim was filed with TML Intergovernmental Risk Pool. Four contractors were contacted for the repair but only C&M Concrete had a positive response. Staff is requesting to use C&M Concrete. They are recommended by TXDOT for this type of repair. Financial Considerations: The Town will be reimbursed the total cost of the expenditure through TML Intergovernmental Risk Pool in the current fiscal year. Legal Review: The Town attorney has reviewed and has no objection. Staff Recommendation: Staff recommends approval of bid from C&M Concrete. 93 Page 1 of 2 Attachments: • C&M bid • Police Report • TML Claim Report • List of contractors 94 Page 2 of 2 CONCRETE PRECAST5 CONSTRUCTION Date 1-4-22 To City of Trophy Club Kevin O'Dell kodell@trophyclub.org 682-237-2936 Trophy Club sound wall repair Scope of work repair: • Remove (1)7' tall top precast panel. This panel will be replaced after bottom panel is installed. • Install (1)new 7' lower panel. (This is a replacement panel provided by C&M) • Replace the removed 7' top panel. • Stain new panel to match existing. Price assumes all work done with(1) mobilization. Price for above repair work: $23,600 Exclusions: 1. anti-graffiti coatings 2. Permits or inspection fees. 3. Any work other than that listed above. 4. Removing any overhead obstructions. Notes: 1. C&M not responsible for repair to curb, asphalt, sidewalk, grass hardscape or landscape. 2. Work to be scheduled after acceptance of C&M proposal. Acceptance Signature- 95 Law Enforcement and TxDOT Use ONLY Total Total TxDOT ACTIVE 18296062.1 ❑FATAL ❑CMV ❑SCHOOL BUS ❑RAILROAD ❑MAB ❑SUPPLEMENT ❑SCHOOL ZONE Units 1 1 P sns.1 1 12 Crash ID /2021245607 ® Texas Peace Officer's Crash Report(Form CR-3 1/1/2018) Mail to:Texas Department of Transportation,Crash Data and Analysis,P.O.Box 149349,Austin,TX 78714. Questions?Call 8441274-7457 Refer to Attached Code Sheet for Numbered Fields '=These fields are required on all additional sheets submitted for this crash(ex.:additional vehicles,occupants,injured,etc.). page 1 of 2 Crash Date `Crash Time Case Local Use (MM/DDNYYY) 0 5 / 2 9 / 2 0 2 1 (24HRMM) 1 0 2 1 2 1 0 ID 21WP006592 County City Outside Z Name DENTON Name WESTLAKE CityLimit In your opinion,did this crash result in at least ®Yes Latitude Fd ngtudeV $1,000damagetoanyoneperson'sproperty? ❑No (decimldegree:) n,mdegree:I - ROAD ON WHICH CRASH OCCURRED 2 `1 Rdwy' SH •H ' 114 2 Rdwy. 1 Block 2400 3 Street 'Street 114 4 Street HWY O Sys. Num. Part Num. Prefix Name Suffix EiCrash Occurred on a Private Drive or Toll Road/ Speed Const. ❑Yes Workers ❑Yes Street Road/PrivateProperty/Parking Lot Toll Lane Limit Zone ®No Present ®No Desc. F. w INTERSECTING ROAD,OR IF CRASH NOT AT INTERSECTION,NEAREST INTERSECTING ROAD OR REFERENCE MARKER O At El Yes 1 Rdwy. Hwy. 2.Rdwy. Block 3 Street Street 4 Street Int. ®N0 Sys. SH Num.114 Part 1 Num. 91 Prefix Name Trophy Club Suffix DR Distance from Int. ❑FT 3 Dir.from Int. Reference Street RRX or Ref.Marker 0.35 ❑x MI or Ref.Marker W Marker Desc. Num. Unit 5 Unit Parked Hitand LP LP VIN 1 D 7 H U 1 8 D 0 4 S 6 6 0 2 2 2 Num. 1 Desc. 1 Vehicle ❑ Run State MO Num.5DFX22 Pol.,Fire,EMS on Veh. 6.Veh. Veh. Veh. 7 Body Emergency(Explain in Year 2 0 1 4 Color WHI Make DODGE Model RAM 1500 Style TR Narrative if checked) 8 DUID DL/ID DUID 9 DL 10 CDL 11 DL DOB Type 1 State MO Num. R205189006 Class 98 End. 96 Rest. 98 (MM/DDlYYYY)10 7 / 1 4 ! 1 1 9 1 8 1 7 Address(Street, City,State,ZIP) 311 Pirate LN Pleasant Hope, MO 65725 Z r o o Name:Last,First,Middle Y x v o a v .. C 0'_ C'o E a a '^' Enter Driver or Primary Person forthis Unit on first line ` > a s v, W CC ° ¢ v N o U WW N >. M O 7 a/ Ol V1.5 10 n co ON•` O N N Q a) M Q -e U1 LA D_Z -0- Q Q N2 N Nan Qoc NIA No: NV a 1 1 Little, Gary Pat B 33 W 1 1 1 5 97 N 2 2 99 99 W O2 2 3 Tandy, Michael Shane A 34 W 1 1 1 5 97 11 N Not Applicable-Alcohol and 4i Drug Results are only reported U for Driver/Primary Person for each Unit. xJ owner Owner/Lessee ❑Lessee Name&Address Tandy, Michael Shane, 3918 Dewberry DR Jefferson City, MO 65109 Proofof ®Yes ❑Expired 26 Fin, Fin.Resp. Fin.Resp. Fin.Resp.❑No ❑Exempt Resp.Type 1 Name AAA INS. CO. Num. MOA162375834 Fin.Resp. 27 Vehicle 27 Vehicle Vehicle ❑Yes Phone Num. (800) 222-7623 Damage Rating 1 1 - F D - 3 Damage Rating 2 3 - R F Q - 3 Inventoried x❑No Towed Towed By AA Wrecker Service To 5709 B Denton Hwy. Unit 5 Unit Parked Hitand LP LP Num. Desc. ❑ Vehicle Run State Num. VIN Veh. 6.Veh. Veh. Veh. 7 Body Pol.,Fire,EMS on Year Color Make Model Style ❑ Emergency(Explain in Narrative if checked) 8 DUID DL/ID DUID 9 DL 10 CDL 11 DL DOB Type State Num. Class End. Rest. (MM/DD/YYYY) Address(Street, City,State,ZIP) Z c o o Name:Last,First,Middle Y x v o a v .. _ a Enter Driver or Primary Person forthis Unit on first line ` > a s v, i rr E o o Ol V ` O a/ a) M a o a) LA W D_Z Q _W oc NIA N= NV a di w a 0 Not Applicable-Alcohol and W Drug Results are only reported U for Driver/Primary Person for each Unit. ❑Owner Owner/Lessee ❑Lessee I Name&Address Proofof ❑Yes ❑Expired 26 Fin. Fin.Resp. Fin.Resp. Fin.Resp.❑No ❑Exempt Resp.Type Name Num. Fin.Resp. 27 Vehicle 27 Vehicle Vehicle ❑Yes Phone N.M. Damage Rating 1 Damage Rating 2 - - Inventoried ❑No Towed Towed By To Law Enforcement and TxDOT Use ONLY. Case TxDOT Page 2 of 2 FormCR-3 (Rev.1/1/2018) ID 21WP006592 Crash ID 18296062.1/2021245607 Unit Prsn. Taken To Taken By Date of Death Time of Death Num. Num. (MM/DD/YYYY) (24HR:MM) 1 1 Baylor Grapevine M681 Trophy Club v,p Z- 1 2 Baylor Grapevine Trophy Club M681 Orz O h O� Unit Prsn. Charge Citation/Reference Num. Num. Num. W C 2 V W Damaged Property Other Than Vehicles Owner's Name Owner's Address l7 Sound barrier wall TXDOT 2624 W Prairie ST Denton, TX 76201 9- Unit ❑10,001+ ❑TRANSPORTING g+CAPACITY CMV Disabling ❑Yes 28 Veh. 29 Carrier Carrier Num. LBS. HAZARDOUS MATERIAL Damage? ❑No Oper. ID Type ID Num. Carrier's Carrier's 30 Veh. Corp.Name Primary Addr. Type 31 Bus ❑RGVW HazMat as 32 HazMat HazMat 32 HazMat HazMat 33 Cargo V Type ❑GVWR Released ❑No Class Num. ID Num.1 I I I Class Num. ID Num. Body Type Unit ❑RGVW 34 Trlr. CMV Disabling ❑Yes Unit ❑RGVW 34 Trlr. CMV Disabling ❑Yes Num. ❑GVWR Type Damage? ❑No Num. ❑GVWR Type Damage? ❑No Sequence Intermodal Shipping❑Yes Actual Total Num. Of Events 35 Seq.1 35 Seq.2 35 Seq.3 35 Seq.4 Container Permit No Gross ❑ Weight Axles 36 Contributing Factors(Investigator's Opinion) 37 Vehicle Defects(Investigator's Opinion) Environmental and Roadway Conditions N HC Unit# Contributing May Have Contrib. Contributing May Have Contrib. 38 39 40 41 42 43 44 0� Weather Light Entering Roadway Roadway Surface Traffic �Z 1 45 22 Cond. Cond. Roads Type Alignment Condition Control �v 1 3 97 4 2 1 96 Investigator's Narrative Opinion of What Happened Field Diagram-Not to Scale (Attach Additional Sheets if Necessary) Unit 1 was traveling west bound, when Unit 1went through the grass median, across the service road, and struck the sound ` barer wall. Unit 1 drove halfway through the bottom section of \\ the wall. ? F� ti\ J00 h U Z 4 wb Unif lr_� W T,S�!e 97 cc Time Notified How Time Arrived Report Date O0- (24HR:MM) 0 2 2 0 Notified Dispatched (24HRMI 0 3 0 3 (MM/DD/YYYY) 0 6 / 0 4 / 2 0 2 1 Invest. ❑x Yes Investigator ID H Comp. ❑No Name(Printed)Coulson, Gary D Num. 222 W 2 ORI "Agency Service/ Num. T X 2 2 0 3 0 0 0 KELLER POLICE DEPARTMENT Region/DA 0 5 Property Claim Form Date dtmdiifl:tied : 0� / 0�/ 021 12:041�11l Contact Information Member Member Address* 3411-Trophy Club 1 Trophy Wood Drive Contract Number* Member Contact Name Member Contact Phone* 3411 Haley Archer (682)237-2985 Accident Date of notice to Fund member* Date of accident or loss* 07/07/2021 05/29/2021 Description of accident or loss* Vehicle crashed through the sound wall. Location of accident or loss* Unit ID(s)* Westbound-South HWY 114 118 For information or record only?* Police or Fire investigation? Is this a crime coverage claim?* ❑Yes 7 No 7Yes ❑No ❑Yes W]No Was one of your animals mortally wounded?* ❑Yes W]No Has lawsuit been filed? If yes,what type? ❑Yes W]No Rush? If rush is checked, provide reason ❑Yes F7 No Special requests 98 TML Intergovernmental Risk Pool, P.O. Box 149194,Austin,TX 78754 512.491.2300 Toll Free 800.537.6655 Fax: 512.491.2366 List of Contractors Slaton Brothers—July 2021, informed us that they could not get cooperation from the precast company and withdrew from bidding. Hawk Construction—September 2021, after visiting the site the representative said the Commercial/Industrial panels were too large, and they could not match the existing panels. All-Star Concrete—October 2021, no response. C&M Precast— November 2021, Mike Glisson with TxDOT recommended C&M.They are the original manufacturer of the wall and have the capabilities to install to TxDOT specifications. 99 TCTOWN OF * TROPHY CLUB T 'Irophy Wood Drive, Trophy Club, TX 76262 1 682.237.2900 1 iiifo��@ti-oph)7c]Eib.org N trophyclub.org To: Mayor and Town Council From: J.G. Taylor III, Fire Chief CC: Town Manager Wade Carroll and Town Secretary Leticia Vacek Re: Fire Department SAFER Grant Submission Approval January 25, 2022 Agenda Item: Consider and take appropriate action regarding Town Council approval for the Fire Department to submit a grant request to the Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) regarding the Staffing for Adequate Fire and Emergency Response (SAFER) Grant. (Wade Carroll/J. Taylor) Strategic Link: This item relates primarily to the following strategic priorities and goals of the Town's strategy map. Safety and Security-Achieve exceedingly high standards for public safety and low crime rates. Administrative & Financial Services- Exercise fiscal discipline in all Town operations. Employee Development- Develop and retain a skilled workforce. Background and Explanation: The Fire Department has been requesting to add 3 additional full time equivalent (FTE) firefighter/Paramedics, to increase shift staffing to 6, with a minimum daily staffing of 5, since 2018. In 2021, a significant factor in the Fire Department accomplishing the ISO-1 rating was by increasing to 5 FTE on duty at all times. However, only 5 FTE are permanently assigned to each of the three shifts. This has come at considerable expense not only with increased overtime costs but has negatively impacted firefighter health and safety. The current revenue situation would not allow the department to hire more than one FTE per year for the next 3 years. Hiring one FTE per year does not immediately solve the pressing issue of overworking firefighters. However, it is a welcome option that will eventually staff the Fire Department adequately. In an effort to lessen financial impact on the Town by hiring 3 FTE, the only option available for the Fire Department to hire these 3 FTEs concurrently, is through a 100 Page 1 of 2 SAFER grant. Town Council provided informal direction to Chief Taylor to proceed with the SAFER Grant application during the January 15, 2020, Town Council and Staff Budget Retreat. Financial Considerations: If the Fire Department is awarded the SAFER Grant, SAFER will cover 100% of pay and benefits for 3 FTE for a three-year period. Once the three-year grant window closes,funding beyond that timeframe will be the sole responsibility of the Town of Trophy Club. Upon notification of award, the Town Council will again be asked to approve the award. This would be the final step of grant process approval. Pay and benefits for 1 FTE equals $96,967. The annual grant submission would be $290,901 per year for 3 FTE. The total of the three-year grant funding to add 3 FTE would be $872,703. Legal Review: Reviewed and Approved Board/Commission/or Committee Recommendation: Not applicable Staff Recommendation: Staff recommends approval of this opportunity to accelerate adding to Fire Department staffing by applying for the SAFER Grant. Receiving an award of the SAFER Grant will allow 3 FTE to be hired at once, thus increasing our overall service to the community while increasing firefighter safety and wellness, and reducing annual overtime costs. Attachments: 101 Page 2 of 2 1 The Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal Year 2021 Staffing for Adequate Fire and Emergency Response (SAFER) Grant Program NOTE: If you are going to apply for this funding opportunity and have not obtained an Employer Identification Number (EIN), a Data Universal Numbering System (DUNS) number, are not currently registered in the System for Award Management(SAM), or your SAM registration is not active,please take immediate action to obtain an EIN and DUNS Number,if applicable, and then register immediately in SAM or,if applicable, renew your SAM registration. It may take four weeks or more after you submit your SAM registration before your registration is active in SAM. Information on obtaining a DUNS number and registering in SAM is available from Grants.gov at: httl2://www.grants.gov/web/grants/register.html. Detailed information regarding DUNS, EIN, and SAM is also provided in Section D of this NOFO under the subsection titled "How to Register to Apply."Detailed information regarding the time required for each registration is also provided in Section D of this NOFO under the subsection titled "Other Kew." Table of Contents A. Program Description................................................................................................................ 3 1. Issued By.......................................................................................................................... 3 2. Assistance Listings Number ............................................................................................ 3 3. Assistance Listings Title.................................................................................................. 3 4. Funding Opportunity Title............................................................................................... 3 5. Funding Opportunity Number.......................................................................................... 3 6. Authorizing Authority for Program ................................................................................. 3 7. Appropriation Authority for Program.............................................................................. 3 8. Announcement Type........................................................................................................ 3 9. Program Category............................................................................................................ 3 1.0. Program Overview, Objectives, and Priorities ................................................................ 3 1.1. Performance Measures..................................................................................................... 4 B. Federal Award Information..................................................................................................... 5 1. Available Funding for this NOFO ................................................................................... 5 2. Projected Number of Awards .......................................................................................... 5 3. Period of Performance .................................................................................................... 5 4. Projected Period of Performance Start Date(s) ............................................................... 5 5. Projected Period of Performance End Date(s) ..................................................................5 6. Funding Instrument Type................................................................................................. 5 C. Eligibility Information............................................................................................................. 5 1. Eligible Applicants........................................................................................................... 5 2. Applicant Eligibility Criteria........................................................................................... 6 3. Other Eligibility Criteria.................................................................................................. 7 102 FY 2021 SAFER Program NOFO 113ack tc�,,,,t__�;z; ,_.,Top 2 D. Application and Submission Information................................................................................ 7 1. Key Dates and Times....................................................................................................... 7 2. Agreeing to Terms and Conditions of the Award.............................................................9 3. Address to Request Application Package........................................................................ 9 4. Steps Required to Obtain a Unique Entity Identifier, Register in the System for Award Management(SAM), and Submit an Application........................................................... 9 5. Electronic Delivery........................................................................................................ 10 6. How to Register to Apply .............................................................................................. 10 7. Timely Receipt Requirements and Proof of Timely Submission.................................. 13 8. Content and Form of Application Submission............................................................... 13 9. Funding Restrictions and Allowable Costs.................................................................... 14 E. Application Review Information........................................................................................... 17 1. Application Evaluation Criteria..................................................................................... 17 2. Review and Selection Process ....................................................................................... 19 3. Narrative Evaluation Criteria......................................................................................... 20 F. Federal Award Administration Information.......................................................................... 23 1. Notice of Award............................................................................................................. 23 2. Administrative and National Policy Requirements........................................................ 24 3. Reporting........................................................................................................................ 27 4. Monitoring and Oversight.............................................................................................. 30 G. DHS Awarding Agency Contact Information....................................................................... 32 1. Contact and Resource Information ................................................................................ 32 2. Systems Information...................................................................................................... 33 H. Additional Information.......................................................................................................... 33 1. Termination Provisions.................................................................................................. 33 2. Period of Performance Extensions................................................................................. 33 3. Disability Integration..................................................................................................... 34 4. Conflicts of Interest in the Administration of Federal Awards or Subawards............... 35 5. Procurement Integrity .................................................................................................... 36 6. Record Retention ........................................................................................................... 40 7. Actions to Address Noncompliance............................................................................... 41 8. Audits............................................................................................................................. 42 9. Payment Information ..................................................................................................... 44 1.0. Whole Community Preparedness................................................................................... 44 1.1. Appendix A—FY 2021 SAFER Program Updates ....................................................... 45 1.2. Appendix B —Programmatic Information and Priorities............................................... 46 1.3. Appendix C —Award Administration Information........................................................ 68 103 FY 2021 SAFER Program NOFO 113ack to t;;�z ,,,,,Top 3 A. Program Description 1. Issued By U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA)/Grant Programs Directorate (GPD) 2. Assistance Listings Number 97.083 3. Assistance Listings Title Staffing for Adequate Fire and Emergency Response (SAFER) Grant 4. Funding Opportunity Title Fiscal Year 2021 Staffing for Adequate Fire and Emergency Response (SAFER) Grant 5. Funding Opportunity Number DHS-2I-GPD-083-00-99 6. Authorizing Authority for Program Section 34 of the Federal Fire Prevention and Control Act of 1974, Pub. L. No. 93-498, as amended (15 U.S.0 § 2229a); and Section 4013 of the American Rescue Plan Act of2021, Pub. L. No. 117-2 7. Appropriation Authority for Program Department ofHomeland Security Appropriations Act, 2021 (Pub. L. No. 116-260); and American Rescue Plan Act of 2021 (Pub. L. No. 117-2) 8. Announcement Type Initial 9. Program Category Preparedness: Fire and Life Safety 10. Program Overview, Objectives, and Priorities a. Overview The Fiscal Year(FY) 2021 Staffing for Fire and Emergency Response (SAFER) Grant Program (hereafter referred to as the SAFER Program) is one of three grant programs that constitute the Department of Homeland Security (DHS), Federal Emergency Management Agency's (FEMA) focus on enhancing the safety of the public and firefighters with respect to fire and fire-related hazards. The SAFER Program provides funding directly to fire departments and volunteer firefighter interest organizations to assist in increasing the number of firefighters to help communities meet industry minimum standards and attain 24-hour staffing to provide adequate fire protection from fire and fire-related hazards, and to fulfill traditional missions of fire departments. The SAFER Program has awarded approximately $4.8 billion in grant funding to provide critically needed resources to hire new, additional firefighters (or to change the status of part-time or paid-on-call firefighters to full-time firefighters), to rehire laid off firefighters, or to retain firefighters facing layoff, as well as 104 FY 2021 SAFER Program NOFO 11�.ack tc�,,,,t__�;z; ,_.,Top 4 recruitment and retention of volunteer firefighters. Information about success stories for this program can be found at Assistance to Firefighters Grants Program I FEMA.gov. The SAFER Program is part of a comprehensive set of measures authorized by Congress and implemented by DHS. Among the five basic homeland security missions noted in the DHS Strategic..Plan, the SAFER Program supports the goal to Strengthen National Preparedness and Resilience. In awarding grants, the FEMA Administrator is required to consider: • The findings and recommendations of the Technical Evaluation Panel; • The degree to which an award will reduce deaths, injuries and property damage by reducing the risks associated with fire-related and other hazards; • The extent of an applicant's need for a SAFER Program grant and the need to protect the United States as a whole; and, • The number of calls requesting or requiring a firefighting or emergency medical response received by an applicant. The 2018-2022 FEMA Strategi j Plan creates a shared vision for the field of emergency management and sets an ambitious, yet achievable, path forward to unify and further professionalize emergency management across the country. The SAFER Program supports the goal of Readying the Nation for Catastrophic Disasters. We invite all of our stakeholders and partners to also adopt these priorities and join us in building a stronger Agency and a more prepared and resilient Nation. b. Objectives The objectives of the SAFER Program are to assist local fire departments with staffing and deployment capabilities to respond to emergencies and assure that communities have adequate protection from fire and fire-related hazards. Local fire departments accomplish this by improving staffing and deployment capabilities, so they may more effectively and safely respond to emergencies. With enhanced staffing levels, recipients should experience a reduction in response times and an increase in the number of trained personnel assembled at the incident scene. c. Priorities Information on program priorities and objectives for the FY 2021 SAFER Program can be found in ADDendix B —Programmatic Information and Priorities of this NOFO. 11. Performance Measures The grant recipient is required to collect data to allow FEMA to measure performance of the awarded grant in support of the SAFER Program metrics, which are tied to the programmatic objectives and priorities. In order to measure performance, FEMA may request information throughout the period of performance. In its final performance report submitted at closeout, the recipient must submit sufficient information to demonstrate it has met the performance goal as stated in its award. FEMA will measure the recipient's performance of the grant by comparing the number of items, supplies, projects, and activities needed and requested in its application with the number of items, supplies, projects, and activities acquired and delivered by the end of the period of performance using the following programmatic metrics: 105 FY 2021 SAFER Program NOFO Back to flie Top .................................................................................................. 5 • Percent of"majority career" SAFER Program recipients' structural fire responses that complied with National Fire Protection Association (NFPA) 1710 structural response standards. • Percent of"majority volunteer" SAFER Program recipients' structural fire responses that complied with NFPA 1720 structural response standards. • Percent of SAFER Program recipients who reported and provided evidence that the grant funding increased compliance with NFPA 1710 or 1720 assembly and deployment standards. B. Federal Award Information 1. Available Funding for this NOFO: $560,000,000.001 2. Projected Number of Awards: 500 3. Period of Performance: 12-48 months • Hiring of Firefighters (Hiring)Activity: The period of performance for applications funded under the Hiring Activity will be 36 months. • Recruitment and Retention (R&R)Activity: The period of performance for applications funded under the R&R Activity will be 12, 24, 36 or 48 months. Extensions to the period of performance are allowed. For additional information on period of performance extensions,please refer to Section H of this NOFO. FEMA awards only include one budget period, so it will be same as the period of performance. See 2 C.F.R. § 200.1 for definitions of"budget period" and "period of performance." 4. Projected Period of Performance Start Date(s): June 1, 2022 (will vary based on award date and activity type) 5. Projected Period of Performance End Date(s): May 31, 2023 —May 31, 2026 (will vary based on award date and activity type) 6. Funding Instrument Type: Grant C. Eligibility Information 1. Eligible Applicants a. Hiring Activity Fire departments operating in any of the 50 states, as well as fire departments in the District of Columbia, the Commonwealth of the Northern Mariana Islands, the U.S. Virgin Islands, 'Note that this figure differs from the total amount appropriated under the Department of Homeland Security Appropriations Act, 2021,Pub.L.No. 116-260.In this FY 2021 SAFER Program NOFO,percentages of"available grant funds"refers to the total amount appropriated $360,000,000 by Pub.L.No. 116-260 to meet the statutory requirements of§34 of the Federal Fire Prevention and Control Act of 1974,as amended(codified at 15 U.S.C. §2229a).Additionally,the total available funding amount includes an additional$200,000,000 appropriated by the American Rescue Plan Act of 2021,Pub.L.No. 117-2. 106 FY 2021 SAFER Program NOFO 113ack tc�„-flie,,,Top 6 Guam, American Samoa, the Commonwealth of Puerto Rico,2 or any federally recognized Indian tribe or tribal organization. A fire department is an agency or organization having a formally recognized arrangement with a state, local, tribal, or territorial authority (city, county,parish, fire district, township, town, or other governing body)to provide fire suppression to a population within a geographically fixed primary first due response area. b. R&R Activity Volunteer and combination fire departments operating in any of the 50 states, as well as fire departments in the District of Columbia, the Commonwealth of the Northern Mariana Islands, the U.S. Virgin Islands, Guam, American Samoa, the Commonwealth of Puerto Rico,2 or any federally recognized Indian tribe or tribal organization. A fire department is an agency or organization having a formally recognized arrangement with a state, local, tribal, or territorial authority (city, county,parish, fire district, township, town, or other governing body)to provide fire suppression to a population within a geographically fixed primary first due response area. National, regional, state, local, tribal and nonprofit interest organizations representing the interests of volunteer firefighters are eligible to receive a SAFER Program award under the R&R Activity. Information on ineligible applications and/or organizations is in Appendix E —Programmatic Information and Priorities of this NOFO. 2. Applicant Eligibility Criteria a. Hiring Activity: The Hiring Activity offers grants to support applications to hire new, additional firefighters (or to change the status of part-time or paid-on-call firefighters to full- time firefighters), rehire laid off firefighters, or to retain firefighters facing layoff. National, regional, state, local, tribal and nonprofit interest organizations representing the interests of volunteer firefighters are not eligible to receive a SAFER Program award under the Hiring Activity. b. R&R Activity: The R&R Activity offers grants to support applications to assist fire departments with the recruitment and retention of volunteer firefighters who are involved with or trained in the operations of firefighting and emergency response. Career fire departments are not eligible to apply for funding under the R&R Activity. Each activity has its own application and eligibility requirements, as further outlined in Appendix E —Programmatic Information and Priorities of this NOFO. An application submitted by an otherwise eligible non-federal entity (i.e., the applicant) may be deemed ineligible when the person that submitted the application is not: 1) a current employee,personnel, official, staff or leadership of the non-federal entity;and 2) duly authorized to apply for an award on behalf of the non-federal entity at the time of 2 The District of Columbia,the Commonwealth of the Northern Mariana Islands,the U.S.Virgin Islands,Guam,American Samoa,and the Commonwealth of Puerto Rico are all defined as"States"in the Federal Fire Prevention and Control Act of 1974. See 15 U.S.C.§2203(10). 107 FY 2021 SAFER Program NOFO 113ack tc�,,,,t__�;z; ,_.,Top application. Further, the Authorized Organization Representative (AOR) must be a duly authorized current employee,personnel, official, staff or leadership of the recipient and provide an email address unique to the recipient at the time of application and upon any change in assignment during the period of performance. Consultants or contractors of the recipient are not permitted to the AOR of the recipient. 3. Other Eligibility Criteria a. National Incident Management System (AIMS)Implementation SAFER Program applicants are not required to comply with NIMS to apply for SAFER Program funding or to receive a SAFER Program award. Any applicant who receives an FY 2021 SAFER Program award must achieve the level of NIMS compliance required by the Authority Having Jurisdiction (AHJ) over the applicant's emergency service operations (e.g., a local government),prior to the end of the grant's period of performance. b. Maintenance of Effort(MOE) There is no MOE or minimum budget requirement for the FY 2021 SAFER Program. c. Cost Share or Match There is no cost share or match or position cost limit for the FY 2021 SAFER Program. The award budget will not account for any voluntary committed cost sharing or overmatch. The use of an overmatch is not given additional consideration when scoring applicants. d. Economic Hardship Waivers Because there is no minimum budget requirement, no cost share requirement, and no position cost limit, an economic hardship waiver process is not necessary. Therefore, no economic hardship waiver process applies to the FY 2021 SAFER Program. D. Application and Submission Information I. Key Dates and Times a. Application Start Date: January 3, 2022 at 8 a.m. ET b. Application Submission Deadline: February 4, 2022 at 5 p.m. ET All applications must be received by the established deadline. FEMA's Grants Outcomes System (FEMA GO) automatically records proof of timely submission and the system generates an electronic date/time stamp when FEMA GO successfully receives the application. The individual with the Authorized Organization Representative role that submitted the application will also receive the official date/time stamp and a FEMA GO tracking number in an email serving as proof of their timely submission. For additional information on how an applicant will be notified of application receipt, see the subsection titled"Timely Receipt Requirements and Proof of Timely Submission" in Section D of this NOFO. 108 FY 2021 SAFER Program NOFO Back tc�,,,,t__�;z; ,_.,Top 8 FEMA will not review applications that are received after the deadline or consider these late applications for funding. FEMA may, however, extend the application deadline on request for any applicant who can demonstrate that good cause exists to justify extending the deadline. Good cause for an extension may include technical problems outside of the applicant's control that prevent submission of the application by the deadline, other exigent or emergency circumstances, or statutory requirements for FEMA to make an award. Applicants experiencing technical problems outside of their control must notify FEMA as soon as possible and before the application deadline. Failure to timely notify FEMA of the issue that prevented the timely filing of the application may preclude consideration of the award. "Timely notification" of FEMA means the following: prior to the application deadline and within 48 hours after the applicant became aware of the issue. A list of FEMA contacts can be found in Section G of this NOFO, "DHS Awarding Agency Contact Information." For technical assistance with the FEMA GO system,please contact the FEMA GO Help Desk at FEMAQQL&fema.dhs.gov or(877) 585-3242, Monday through Friday, 8 a.m. —6 p.m. ET. For programmatic or grants management questions,please contact your Preparedness Officer or Grants Management Specialist. If applicants do not know who to contact or if there are programmatic questions or concerns,please contact the SAFER Program Help Desk by phone at(866) 274-0960 or by e-mail at FireGrantsL&fema.dhs.gov, Monday through Friday, 8 a.m. —4:30 p.m. ET. c. Anticipated Funding Selection Date: No later than May 31, 2022 d. Anticipated Award Date: Beginning on approximately May 30, 2022 and continuing thereafter until all FY 2021 SAFER Program grant awards are issued, but no later than Sept. 30, 2022 e. Other Key Dates " " " " 1 I Obtaining DUNS Number Four weeks before actual submission deadline Obtaining a valid EIN Four weeks before actual submission deadline Creating an account with login.gov Four weeks before actual submission deadline Registering in SAM or Updating SAM Four weeks before actual submission registration deadline Registering Organization in FEMA Grants Outcomes FEMA GO System Prior to beginning application Submitting complete application in FEMA GO One week before actual submission deadline 109 FY 2021 SAFER Program NOFO Back tc�„_flie,,,,Tgp, 9 2. Agreeing to Terms and Conditions of the Award By submitting an application, applicants agree to comply with the requirements of this NOFO and the terms and conditions of the award, should they receive an award. 3. Address to Request Application Package Applications are processed through the FEMA GO system. To access the system, go to hops://go.fema.gov/. Note: Hard copies of the application are not available. However, the Telephone Device for the Deaf(TDD) and/or Federal Information Relay Service (FIRS)number available for this Notice is (800) 462-7585. 4. Steps Required to Obtain a Unique Entity Identifier, Register in the System for Award Management(SAM), and Submit an Application Applying for an award under this program is a multi-step process and requires time to complete. Applicants are encouraged to register early as the registration process can take four weeks or more to complete. Therefore, registration should be done in sufficient time to ensure it does not impact your ability to meet required submission deadlines. Please review the table above for estimated deadlines to complete each of the steps listed. Failure of an applicant to comply with any of the required steps before the deadline for submitting an application may disqualify that application from funding. To apply for an award under this program, all applicants must: a. Apply for, update, or verify their Data Universal Numbering System (DUNS)number from Dun & Bradstreet and Employer Identification Number(EIN) from the Internal Revenue Service; b. In the application,provide a valid DUNS number, which is currently the unique entity identifier; c. Have an account with to i�n.gov; d. Register for, update, or verify their SAM account and ensure the account is active before submitting the application; e. Register in FEMA GO, add the organization to the system, and establish the Authorized Organizational Representative (AOR). The organization's electronic business point of contact(EBiz POC) from the SAM registration may need to be involved in this step. For step-by-step instructions, see https://www.fema.gov/media- library/assets/documents/181607; f. Submit the complete application in FEMA GO; and g. Continue to maintain an active SAM registration with current information at all times during which it has an active federal award or an application or plan under consideration by a federal awarding agency. As part of this, applicants must also provide information on an applicant's immediate and highest-level owner and subsidiaries, as well as on all predecessors that have been awarded federal contracts or federal financial assistance within the last three years, if applicable. 110 FY 2021 SAFER Program NOFO 113ack tc�,,,,t__�;z; ,_.,Top 10 Applicants are advised that FEMA may not make a federal award until the applicant has complied with all applicable DUNS and SAM requirements. Therefore, an applicant's SAM registration must be active not only at the time of application, but also during the application review period and when FEMA is ready to make a federal award. Further, as noted above, an applicant's or recipient's SAM registration must remain active for the duration of an active federal award. If an applicant's SAM registration is expired at the time of application, expires during application review, or expires any other time before award, FEMA may determine that the applicant is not qualified to receive a federal award and use that determination as a basis for making a federal award to another applicant. Per 2 C.F.R. § 25.110(c)(2)(ii), if an applicant is experiencing exigent circumstances that prevents it from receiving a DUNS number and completing SAM registration prior to receiving a federal award, the applicant must notify FEMA as soon as possible by contacting AskCSIDL&fema.dhs.gov and providing the details of the circumstances that prevent completion of these requirements. If FEMA determines that there are exigent circumstances and FEMA has decided to make an award, the applicant will be required to obtain a DUNS number and complete SAM registration within 30 calendar days of the federal award date. 5. Electronic Delivery DHS is participating in the Grants.gov initiative to provide the grant community with a single site to find and apply for grant funding opportunities. DHS encourages or requires applicants to submit their applications online through Grants.gov, depending on the funding opportunity. For this funding opportunity, FEMA requires applicants to submit applications through FEMA GO. 6. How to Register to Apply a. General Instructions: Registering and applying for an award under this program is a multi-step process and requires time to complete. Read the instructions below about registering to apply for FEMA funds. Applicants should read the registration instructions carefully and prepare the information requested before beginning the registration process. Reviewing and assembling the required information before beginning the registration process will alleviate last-minute searches for required information. The registration process can take up to four weeks to complete. To ensure an application meets the deadline, applicants are advised to start the required steps well in advance of their submission. Organizations must have a Data Universal Numbering System (DUNS)Number, Employer Identification Number (EIN), and an active System for Award Management(SAM) registration. 111 FY 2021 SAFER Program NOFO 113ack tc�,,,,t__�;z; ,_.,Top 11 b. Obtain a DUNS Number: All entities applying for funding, including renewal funding, must have a DUNS number from Dun & Bradstreet(D&B). Applicants must enter the DUNS number in the data entry field labeled "Organizational DUNS" on the SF-424 form. For more detailed instructions for obtaining a DUNS number, refer to hLtps://www.grants.gov/web/grants/applicants/organization-registration/step-I-obtain-duns- number.htinl. Note: At some point, the DUNS Number will be replaced by a "new, non-proprietary identifier"requested in, and assigned by, SAM.gov. This new identifier is being called the Unique Entity Identifier(UEI), or the Entity ID. Grants.gov has begun preparing for this transition by educating users about the upcoming changes and updating field labels and references to the DUNS Number(the current identifier)within the Grants.gov system. Users should continue using the DUNS Number in UEI fields until further notice. To learn more about SAM's rollout of the UEI, please visit hqps:Hgsa.gov/entilyid. c. Obtain Employer Identification Number: In addition to having a DUNS number, all entities applying for funding must provide an Employer Identification Number(EIN). The EIN can be obtained from the IRS by visiting httf)s://www.irs.�ov/businesses/small-businesses-self-emi)loved/ai)T)lv-for-an-emf)lff er- identification-number-ein-online. d. Create a login.gov account. Applicants must have a login.gov account in order to register with SAM or update their SAM registration. Applicants can create a login.gov account here: htti)s:Hsecure.lo�in.�zov/sib uD/enter email?reguest id=34f19fa8-14a2-438c-8323- a62b99571fd. Applicants only have to create a login.gov account once. For applicants that are existing SAM users, use the same email address for the login.gov account as with SAM.gov so that the two accounts can be linked. For more information on the login.gov requirements for SAM registration, refer to htti)s://www.sam.�ov/SAM/D Dublic/lo�inFAQ.is . e. Register with SAM. In addition to having a DUNS number, all organizations applying online through Grants.gov must register with SAM. Failure to register with SAM will prevent your organization from applying through Grants.gov. SAM registration must be renewed annually. For more detailed instructions for registering with SAM, refer to hqps://www.grants.gov/web/grants/applicants/organization-registration/step-2-register-with- sam.html. 112 FY 2021 SAFER Program NOFO 113ack to flie Tgp ........................................................................................... 12 Note: As a new requirement per 2 C.F.R. § 25.200, applicants must also provide the applicant's immediate and highest-level owner, subsidiaries, and predecessors that have been awarded federal contracts or federal financial assistance within the last three years, if applicable. I. ADDITIONAL SAM REMINDERS Existing SAM.gov account holders should check their account to make sure it is "ACTIVE." SAM registration should be completed at the very beginning of the application period and should be renewed annually to avoid being "INACTIVE." Please allow plenty of time before the grant application submission deadline to obtain a DUNS number and then to register in SAM. It may be four weeks or more after an applicant submits the SAM registration before the registration is active in SAM, and then it may be an additional 24 hours before FEMA's system recognizes the information. It is imperative that the information applicants provide is correct and current. Please ensure that your organization's name, address, DUNS number, and Employer Identification Number, or EIN, are up to date in SAM and that the DUNS number used in SAM is the same one used to apply for all other FEMA awards. Payment under any FEMA award is contingent on the recipient's having a current SAM registration. �. HELP WITH SAM The SAM quick start guide for new recipient registration and SAM video tutorial for new applicants are tools created by the General Services Administration (GSA) to assist those registering with SAM. If applicants have questions or concerns about a SAM registration, please contact the Federal Support Desk at hops://www.fsd.gov/fsd-gov/home.do or call toll free (866) 606-8220. f. Register in FEMA GO,Add the Organization to the System, and Establish the AOR: Applicants must register in FEMA GO and add their organization to the system. The organization's electronic business point of contact(EBiz POC) from the SAM registration may need to be involved in this step. For step-by-step instructions, see hLtps://www.fema.g�gy/media-libraEy/assets/documents/I 81607. Note: FEMA GO will support only the most recent major release of the following browsers: • Google Chrome • Internet Explorer • Mozilla Firefox • Apple Safari • Microsoft Edge Users who attempt to use tablet type devices or other browsers may encounter issues with using FEMA GO. Applicants will be prompted to submit the standard application information and any program-specific information required as described in Section D of this NOFO, "Content and 113 FY 2021 SAFER Program NOFO 113ack tc�„_flie,,,,Tgp, 13 Form of Application Submission." The Standard Forms (SF) may be accessed in the Forms tab under the SF-424 family on Grants.gov. Applicants should review these forms before applying to ensure they have all the information required. After submitting the final application, FEMA GO will provide either an error message or a successfully received transmission in the form of an email sent to the AOR that submitted the application. Applicants using slow internet connections, such as dial-up connections, should be aware that transmission can take some time before FEMA GO receives your application. For additional application submission requirements, including program-specific requirements,please refer to the subsection titled "Content and Form of Application Submission"under Section D of this NOFO. 7. Timely Receipt Requirements and Proof of Timely Submission All applications must be completed in FEMA GO by the application deadline. FEMA GO automatically records proof of timely submission and the system generates an electronic date/time stamp when FEMA GO successfully receives the application. The individual with the AOR role that submitted the application will also receive the official date/time stamp and a FEMA GO tracking number in an email serving as proof of their timely submission on the date and time that FEMA GO received the application. Applicants who experience system-related issues will be addressed until 3 p.m. ET on the date applications are due. No new system-related issues will be addressed after this deadline. Applications not received by the application submission deadline will not be accepted. Applicants using unreliable internet connections, such as dial-up connections, should be aware that submission can take some time before FEMA GO receives your application. FEMA GO will display red validation errors if areas that need additional information in order to submit the application. Once your application is successfully submitted your application status will change from "pending submission"to "submitted to FEMA". The FEMA GO Support Center reports that some applicants end the submission because they think that nothing is occurring during the submission process. Do not do this as it may cause your application to fail to be submitted and consequently not be considered for funding. Please give the system time to process the application. 8. Content and Form of Application Submission a. Standard Required Application Forms and Information The following forms or information are required to be submitted via FEMA GO. The Standard Forms (SF) are also available at hqps://www.grants.gov/web/grants/fon-ns/sf-424- family,htral. • SF-424,Application for Federal Assistance • Grants.gov Lobbying Form, Certification Regarding Lobbying • SF-424A, Budget Information (Non-Construction) • SF-424B, Standard Assurances (Non-Construction) 114 FY 2021 SAFER Program NOFO 113ack tc�,,,,t__�;z; ,_.,Top 14 • SF-LLL, Disclosure of Lobbying Activities • Indirect Cost Agreement or Proposal if the budget includes indirect costs and the applicant is required to have an indirect cost rate agreement or proposal. If the applicant does not have or is not required to have an indirect cost rate agreement or proposal,please see Section D of this NOFO, "Funding Restrictions and Allowable Costs," for further information regarding allowability of indirect costs and whether alternatives to an indirect cost rate agreement or proposal might be available, or contact the relevant FEMA staff identified in Section G of this NOFO, "DHS Awarding Agency Contact Information" for further instructions. b. Program Specific Required Forms and Information For program-specific required and optional forms and information,please see the Appendices to this NOFO. 9. Funding Restrictions and Allowable Costs All costs charged to awards covered by this NOFO must comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements at 2 C.F.R. Part 200, unless otherwise indicated in this NOFO, or the terms and conditions of the award. This includes, among other requirements, that costs must be incurred, and products and services must be delivered, within the period of performance of the award. See 2 C.F.R. § 200.403(h) (referring to budget periods, which for FEMA awards is the same as the period of performance). In general, the Cost Principles establish standards for the allowability of costs,provide detailed guidance on the cost accounting treatment of costs as direct or administrative costs, and set forth allowability principles for selected items of cost. More specifically, except as otherwise stated in this NOFO, the terms and condition of an award, or other program materials, costs charged to awards covered by this NOFO must be consistent with the Cost Principles for Federal Awards located at 2 C.F.R. Part 200, Subpart E. In order to be allowable, all costs charged to a FEMA award or applied to the cost share must be reasonable in nature and amount and allocable to the particular FEMA award. Additionally, all costs charged to awards must comply with the grant program's applicable statutes,policies, requirements in this NOFO as well as with the terms and conditions of the award. If FEMA staff identify costs that are inconsistent with any of these requirements, these costs may be disallowed, and FEMA may recover funds as appropriate, consistent with applicable laws, regulations, and policies. As part of those requirements, grant recipients and subrecipients may only use federal funds or funds applied to a cost share for the purposes set forth in this NOFO and the terms and conditions of the award, and those costs must be consistent with the statutory authority for the award. Grant funds may not be used for matching funds for other federal grants/cooperative agreements, lobbying, or intervention in federal regulatory or adjudicatory proceedings. In 115 FY 2021 SAFER Program NOFO 113'ack tc�,,,,t__ie,_.,Top 15 addition, federal funds may not be used to sue the federal government or any other government entity. Additionally, federal employees are prohibited from serving in any capacity (paid or unpaid) on the development of any proposal submitted under this program. In addition to the subsections below, please see Appendix B —Programmatic Information and Priorities....Section..e. Restrictions on Use of Award Funds for additional information on funding restrictions and allowable costs. a. Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services Recipients and subrecipients of FEMA federal financial assistance are subject to the prohibitions described in section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year.20.19 FY 2019 NDA& Pub. L. No. 115-232 (2018) and 2 C.F.R. §§ 200.216, 200.326, 200.471, and Appendix 11 to 2 C.F.R. Part 200. Beginning August 13, 2020, the statute—as it applies to FEMA recipients, subrecipients, and their contractors and subcontractors —prohibits obligating or expending federal award funds on certain telecommunications and video surveillance products and contracting with certain entities for national security reasons. Additional guidance is available at Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim) FEMA Policy 4405 143-1. Effective August 13, 2020, FEMA recipients and subrecipients may not use any FEMA funds under open or new awards to: (1) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (2) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; or (3) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. I. REPLACEMENT EQUIPMENT AND SERVICES FEMA grant funding may be permitted to procure replacement equipment and services impacted by this prohibition, provided the costs are otherwise consistent with the requirements of this NOFO. 116 FY 2021 SAFER Program NOFO Back to flie Tgp ........................................................................................... 16 �. DEFINITIONS Per section 889(f)(2)-(3) of the FY 2019 NDAA and 2 C.F.R. § 200.216, covered telecommunications equipment or services means: i. Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation, (or any subsidiary or affiliate of such entities); ii. For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); iii. Telecommunications or video surveillance services provided by such entities or using such equipment; or iv. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the People's Republic of China. Examples of the types of products covered by this prohibition include phones, internet, video surveillance, and cloud servers when produced,provided, or used by the entities listed in the definition of"covered telecommunications equipment or services." See 2 C.F.R. § 200.471. b. Pre Award Costs Only costs incurred during the period of performance are allowable. However, recipients of an R&R Activity award may be reimbursed for grant writer fees. See also Appendix C — Award Administration Information for further information regarding grant writer fees and the "Additional Information" section of this NOFO for general procurement under grants requirements. Note: FEMA reserves the right to re-evaluate and disallow pre-award costs at time of award monitoring if it is later determined that the services were not properly procured or do not satisfy the requirements of 2 C.F.R. § 200.458. c. Management and Administration (M&A) Costs M&A activities are those directly related to the management and administration of the SAFER award funds, such as financial management and monitoring. M&A expenses should be based only on actual expenses or known contractual costs; requests that are simple percentages of the award or estimates, without supporting justification or adequate documentation will not be allowed or considered for reimbursement. Salaries and fringe benefits for personnel directly supporting the grant are not required to be included in the M&A budget line item. No more than (3% of the federal share of SAFER Program funds 117 FY 2021 SAFER Program NOFO 113ack tc�„_flie,,,,Tgp, 17 awarded may be expended by the recipient for M&A for purposes associated with the SAFER Program award. M&A costs are not eligible-under the Hiring Activity. d. Indirect Facilities &Administrative (F&A) Costs Indirect costs are allowable only under R&R Activity for this program as described in 2 C.F.R. Part 200, including 2 C.F.R. § 200.414. Applicants with a current negotiated indirect cost rate agreement that desire to charge indirect costs to an award must provide a copy of their negotiated indirect cost rate agreement at the time of application. Not all applicants are required to have a current negotiated indirect cost rate agreement. Applicants that are not required by 2 C.F.R. Part 200 to have a negotiated indirect cost rate agreement but are required by 2 C.F.R. Part 200 to develop an indirect cost rate proposal must provide a copy of their proposal at the time of application. Applicants who do not have a current negotiated indirect cost rate agreement(including a provisional rate) and wish to charge the de minimis rate must reach out to the FEMA Preparedness Officer for further instructions. Applicants who wish to use a cost allocation plan in lieu of an indirect cost rate must also reach out to FEMA Preparedness Officer for further instructions. Post-award requests to charge indirect costs will be considered on a case-by-case basis and based upon the submission of an agreement or proposal as discussed above or based upon on the de minimis rate or cost allocation plan, as applicable. Indirect costs are not allowable under the Hiring Activity. e. Other Direct Costs • Construction Construction costs are not eligible under the SAFER Program. Construction includes major alterations to a building that changes the profile or footprint of the structure. Modifications to facilities activities described in ADDendix E —Programmatic Information and Priorities, Section f. Funding Priorities are not considered construction costs for purposes of general award cost categorization and may be eligible. However, modifications to facilities activities might be considered"construction" for purposes of applicable procurement under grants requirements or environmental protection and historic preservation purposes. E. Application Review Information I. Application Evaluation Criteria a. Programmatic Criteria Funding priorities and programmatic criteria for evaluating SAFER Program applications are established by FEMA based on the recommendations from the Criteria Development Panel (CDP). Each year, FEMA convenes a panel of fire service professionals to develop funding priorities for the SAFER Program. The panel makes recommendations about funding priorities as well as developing criteria for awarding grants. The nine major fire service organizations represented on the panel are: • International Association of Fire Chiefs • International Association of Fire Fighters • National Volunteer Fire Council 118 FY 2021 SAFER Program NOFO 11 .a;ck tc�,,,,t__�;z; ,_.,Top 18 • National Fire Protection Association • National Association of State Fire Marshals • International Association of Arson Investigators • International Society of Fire Service Instructors • North American Fire Training Directors; and • Congressional Fire Service Institute The CDP is charged with making recommendations to FEMA regarding the creation or modification of previously established funding priorities as well as developing criteria for awarding grants. The content of this NOFO reflects implementation of the CDP's recommendations with respect to the priorities, direction, and criteria for awards. FEMA will rank all complete and submitted applications based on how well they match the program priorities for the type of activity. Answers to the application's activity specific questions provide information used to determine each application's ranking relative to the stated program priorities. b. Financial Integrity Criteria Prior to making a federal award, FEMA is required by 31 U.S.C. § 3354, as amended by the Payment Integrity Information Act of 2019, Pub. L. No. 116-117 (2020); 41 U.S.C. § 2313; and 2 C.F.R. § 200.206 to review information available through any Office of Management and Budget(OMB)-designated repositories of governmentwide eligibility qualification or financial integrity information, including whether the applicant is suspended or debarred. FEMA may also pose additional questions to the applicant to aid in conducting the pre-award risk review. Therefore, application evaluation criteria may include the following risk-based considerations of the applicant: i. Financial stability. ii. Quality of management systems and ability to meet management standards. iii. History of performance in managing federal award. iv. Reports and findings from audits. v. Ability to effectively implement statutory, regulatory, or other requirements. c. Supplemental Financial Integrity Criteria and Review Prior to making a federal award where the anticipated total federal share will be greater than the simplified acquisition threshold, currently $250,000: i. FEMA is required to review and consider any information about the applicant, including information on the applicant's immediate and highest-level owner, subsidiaries, and predecessors, if applicable, that is in the designated integrity and performance system accessible through the System for Award Management(SAM), which is currently the Federal Awardee Performance and Integrity Information : stun (FAPIIS). ii. An applicant, at its option, may review information in FAPIIS and comment on any information about itself that a federal awarding agency previously entered. 119 FY 2021 SAFER Program NOFO 113ack to t;;�z ,,,,,Tgp, 19 iii. FEMA will consider any comments by the applicant, in addition to the other information in FAPIIS, in making a judgment about the applicant's integrity, business ethics, and record of performance under federal awards when completing the review of risk posed by applicants as described in 2 C.F.R. § 200.206. 2. Review and Selection Process SAFER Program applications are reviewed through a multi-phase process. All applications are electronically pre-scored and ranked based on how well they align with the funding priorities outlined in this NOFO. All applications are then scored competitively by no less than three members of a Peer Review Panel. Applications with the highest score rankings per activity will also be evaluated through a series of internal FEMA review processes for completeness, adherence to programmatic guidelines, technical feasibility, costs/quantities, and anticipated effectiveness of the proposed project(s). Below is the process by which applications will be reviewed: i. Pre-scoring Process The application undergoes an electronic pre-scoring process based on established program priorities listed in Appendix B —Programmatic Information and Priorities and answers to activity-specific questions within the online application. Application Narratives are not reviewed during the pre-score process. "Request Details" and "Budget" information should comply with program guidance and statutory funding limitations. The pre-score is 50% of the total application score under the Hiring Activity, and 30% of the total application score under the R&R Activity. ii. Peer Review Panel Process All applications will be evaluated through the Peer Review Panel process. A panel of peer reviewers is comprised of fire service representatives recommended by the CDP. Peer reviewers will assess the merits of each application based on the narrative statement on the requested activity. The evaluation elements listed in the "Narrative Evaluation Criteria"below will be used to calculate the narrative's score for each activity requested. Panelists will independently score each requested activity within the application, discuss the merits and/or shortcomings of the application with his or her peers, and document the findings. A consensus is not required. The panel score is 50% of the total application score under the Hiring Activity, and 70% of the total application score under the R&R Activity. iii. Technical Evaluation Process (TEP) The highest scoring applications from both activities will be considered within the fundable range. Applications that are in the fundable range will undergo a Technical Review by the FEMA Program Office prior to being recommended for award. The FEMA Program Office will assess the request with respect to costs, quantities, feasibility, eligibility, and recipient responsibility prior to recommending any application for award. 120 FY 2021 SAFER Program NOFO 113ack tc�,,,,t__�;z; ,_.,Top 20 Once the TEP is complete, each application's cumulative score will be determined, and a final ranking of applications will be created. FEMA will award grants based on this final ranking and the ability to meet statutorily required funding limitations outlined in Appendix E -Programmatic Information and Priorities of this NOFO. 3. Narrative Evaluation Criteria The Narrative Statements of the application must provide specific details about the activity for which applicants seek funding, including budget details. The weighted evaluation criteria used by the peer reviewers in the determination of the grant award, as described below, make up the elements of the narrative statement score. FEMA conducts reviews of a random sampling of applications to compare them for duplication including the narrative statements and statistical data. Therefore, all elements of the narrative statements must be specific and unique to the applying entity, and all statistical data must be accurate. Applications with narrative statements that have substantial duplication of statements, sentences, or paragraphs to other submitted applications, and/or inaccurate data that may mislead reviewers may be disqualified. Discovery of falsification, fabrication, or plagiarism of other grant proposals will disqualify the application(s). Note: FEMA evaluates each application on its merit, veracity, and accuracy to ascertain how the narrative statement(s) outlined within the application depicts the applicant's and their community's uniqueness, their particular risks, and how selecting them over a similarly situated applicant advances the objectives of the SAFER program to assist local fire departments with staffing and deployment capabilities to respond to emergencies and assure that communities have adequate protection from fire and fire-related hazards. At any time during application review process, including the technical review stage, FEMA may request additional documentation from applicants, including but not limited to: • Copies of official or certified documents demonstrating the claimed financial need; • Copies of the applicant's needs assessment report, survey, or any documented other efforts undertaken to identify the applicant's unique project objectives; • Copies of the risk analysis conducted to ascertain how said project will address the applicant's unique needs in alignment with their mission and AFG grant purpose; • Additional information or evidence detailing the applicant's particular risks; and • Any other information deemed necessary to adequately weigh the applicant's assistance request for funding under this discretionary-competitive grant program. No applicant is guaranteed funding_ The Narrative Statement blocks do not allow for formatting. Do not type the Narrative Statements using only capital letters. Additionally, do not include tables, special characters or fonts (e.g., quotation marks, bullets), or graphs. Space for the Narrative Statement is limited. While each element must have a minimum of 200 characters, the maximum number of characters varies based on the questions being asked. Peer Review Panelists will evaluate and score each activity based on the following narrative elements within each activity. 121 FY 2021 SAFER Program NOFO 113ack tc�,,,,t__�;z; ,_.,Top 21 a. Hiring Activity -the panel score is 50% of the total application score. i. Project Description (30 %: • Why does the department need the positions requested in this application? • How will the positions requested in this application be used within the department (e.g., fourth firefighter on engine, open a new station, eliminate browned out stations, reduce overtime)? • What unique and specific services will the requested positions provide to the fire department and community? • How will funds awarded through this grant enhance the department's ability to protect critical infrastructure within the primary response area? ii. Impact on Daily Operations (30%): • How are the community and the current firefighters employed by the department at risk without the positions requested in this application? • How will that risk be unequivocally reduced if awarded? iii. Financial Need(30%): • Provide an income versus expenses breakdown of the department's current annual budget. • Describe the department's precise budget shortfalls and inability to address financial needs without federal assistance. • Describe what other actions the department has taken to obtain funding elsewhere (e.g., state assistance programs, other grant programs). • Discuss how the critical functions of the department are uniquely affected without this funding. iv. Cost Benefit(10%): • Describe the unique and specific benefits (e.g., quantifying the anticipated savings and/or efficiencies)the department and community will realize if awarded the positions requested in this application. b. R&R Activity (Fire Departments) -the panel score is 70% of the total application score. i. Project Description (30%): • Describe the unique problems and issues the department is experiencing in recruiting new volunteer firefighters. • Describe the particular problems and issues the department is experiencing in retaining current members. • Describe the precise implementation plan, including the goals, objectives, methods, specific steps, and timelines to directly address the identified problems or issues. • Describe the current marketing plan already in place, or the marketing program to be put in place with or without grant funds. • Describe how the program will be uniquely evaluated for its impact on identified recruitment and retention problems and issues. Describe how the overall effectiveness of the grant will be measured. 122 FY 2021 SAFER Program NOFO 113ack tc�„_flie,,,,Tgp, 22 • Describe the unique and specific services the new volunteer firefighters and/or retention of current volunteer firefighters will provide for the fire department(s) and community. • If the grant request will have a regional impact, discuss how the regional partners will benefit and which activities they will benefit from. ii. Impact on Daily Operations (30%): • Describe with particularity and discreteness how the community and current volunteer firefighters in the department are at risk without the items or activities requested in this application. • Describe how that risk will be unequivocally reduced if awarded funding. • Explain the definitive impact the recruitment of new volunteer firefighters and/or the retention of current volunteer firefighters will have on the department's NFPA compliance. iii. Financial Need(30%): • Provide an income versus expenses breakdown of the department's current annual budget. • Describe the department's precise budget shortfalls and its inability to address financial needs without federal assistance. • Describe what other actions the department has taken to obtain funding elsewhere (e.g., state assistance programs, other grant programs), and how similar projects have been funded in the past. • Discuss how the critical functions of the department are uniquely affected without this funding. iv. Cost Benefit(10%): • Describe the unique and specific benefits (e.g., quantifying the anticipated savings and/or efficiencies)the department and community will realize if awarded the items or activities requested in this application. c. R&R Activity (National, state, local, or federally recognized tribal volunteer firefighters interest organizations) -the panel score is 70% of the total application score. i. Project Description (30%): • Describe the problems and issues the fire departments that the organization will be reaching with this grant are experiencing in recruiting new volunteer firefighters. • Describe the problems and issues the same departments are experiencing in retaining current members. • Describe the organization's implementation plan, including the goals, objectives, methods, specific steps, and timelines to directly address the problems or issues identified. • Describe the current marketing plan already in place, or the marketing program to be put in place with or without grant funds. • Describe how the program will be evaluated for its impact on the identified recruitment and retention problems and issues of the fire departments 123 FY 2021 SAFER Program NOFO 113ack tc�„_flie,,,,Tgp, 23 participating in this grant. Describe how the overall effectiveness of the grant will be measured. • Describe the specific services the new volunteer firefighters and/or retention of current volunteer firefighters will provide for the fire departments participating in this application and their respective communities. • Describe the organization's procurement practices and the timelines outlining the chronological steps to complete the activities requested in this application. ii. Impact on Daily Operations (30%): • Describe how the fire departments participating in this application and their current volunteer firefighters and communities are at risk without the items or activities requested in this application. • Explain how that risk will be reduced if awarded funding. • Describe the impact that the recruitment of new volunteer firefighters and/or the retention of current volunteer firefighters will have on the NFPA compliance of the fire departments participating in this application. iii. Financial Need (30%): • Provide an income versus expenses breakdown of the organization's current annual budget. • Describe the organization's particular budget shortfalls and the inability to address the financial needs without federal assistance. • Describe the other actions the organization has taken to obtain funding elsewhere (e.g., state assistance programs, other grant programs), and how similar projects have been funded in the past. • Discuss how the critical functions of the organization are affected without this funding. iv. Cost Benefit(10%): • Describe the specific benefits (e.g., quantifying the anticipated savings and/or efficiencies)the fire departments participating in this application and their communities will realize if awarded the items or activities requested in this application. F. Federal Award Administration Information In addition to the language here,please see Appendix C e Award Administration Information in this NOFO for additional award administration information. 1. Notice of Award Before accepting the award, the AOR and recipient should carefully read the award package. The award package includes instructions on administering the grant award and the terms and conditions associated with responsibilities under federal awards. Recipients must accept all conditions in this NOFO as well as any specific terms and conditions in the Notice of Award to receive an award under this program. 124 FY 2021 SAFER Program NOFO 113ack tc�,,,,t__�;z; ,_.,Top 24 FEMA will provide the federal award package to the applicant electronically via FEMA GO. Award packages include an Award Letter, Summary Award Memo, Agreement Articles, and Obligating Document. An email notification of the award package will be sent through FEMA's grant application system to the Authorized Organization Representative (AOR)that submitted the application. Recipients must accept their awards no later than 30 calendar days from the award date. The recipient shall notify FEMA of its intent to accept and proceed with work under the award through the FEMA GO system. Funds will remain on hold until the recipient accepts the award through the FEMA GO system and all other conditions of the award have been satisfied or until the award is otherwise rescinded. Failure to accept a grant award within the specified timeframe may result in a loss of funds. Recipients may request additional time to accept the award if needed. 2. Administrative and National Policy Requirements In addition to the requirements in this section and in this NOFO, FEMA may place specific terms and conditions on individual awards in accordance with 2 C.F.R. Part 200. a. DHS Standard Terms and Conditions All successful applicants for DHS grant and cooperative agreements are required to comply with DHS Standard Terms and Conditions, which are available online at DHS Standard Terms and Conditions. The applicable DHS Standard Terms and Conditions will be those in effect at the time the award was made. What terms and conditions will apply for the award will be clearly stated in the award package at the time of award. b. Ensuring the Protection of Civil Rights As the Nation works towards achieving the National Preparedness Goal, it is important to continue to protect the civil rights of individuals. Recipients and subrecipients must carry out their programs and activities, including those related to the building, sustainment, and delivery of core capabilities, in a manner that respects and ensures the protection of civil rights for protected populations. Federal civil rights statutes, such as Section 504 of the Rehabilitation Act of 1973 and Title VI of the Civil Rights Act of 1964, along with DHS and FEMA regulations,prohibit discrimination on the basis of race, color, national origin, sex, religion, age, disability, limited English proficiency, or economic status in connection with programs and activities receiving federal financial assistance from FEMA. The DHS Standard Terms and Conditions include a fuller list of the civil rights provisions that apply to recipients. These terms and conditions can be found in the DHS Standard Terms and Conditions. Additional information on civil rights provisions is available at hLtps://www.fema.ggy/abotit/offices/egual-dghts. 125 FY 2021 SAFER Program NOFO 113ack tc�,,,,t__�;z; ,_.,Top 25 Monitoring and oversight requirements in connection with recipient compliance with federal civil rights laws are also authorized pursuant to 44 C.F.R. Part 7. c. Environmental Planning and Historic Preservation (EHP) Compliance As a federal agency, FEMA is required to consider the effects of its actions on the environment and historic properties to ensure that all activities and programs funded by FEMA, including grant-funded projects, comply with federal EHP laws, Executive Orders, regulations, and policies, as applicable. Recipients and subrecipients proposing projects that have the potential to impact the environment,including,but not limited to, the construction of communication towers, modification or renovation of existing buildings, structures, and facilities, or new construction including replacement of facilities, must participate in the FEMA EHP review process. The EHP review process involves the submission of a detailed project description along with any supporting documentation requested by FEMA in order to determine whether the proposed project has the potential to impact environmental resources or historic properties. In some cases, FEMA is also required to consult with other regulatory agencies and the public in order to complete the review process. Federal law requires EHP review to be completed before federal funds are released to carry out proposed projects. FEMA may not be able to fund projects that are not incompliance with applicable EHP laws, Executive Orders, regulations, and policies. DHS and FEMA EHP policy is found in directives and instructions available on the FEMA.�zov EHP pae, the FEMA website page that includes documents regarding EHP responsibilities and program requirements, including implementation of the National Environmental Policy Act and other EHP regulations and Executive Orders. The GPD EHP screening form is located at https://www.fema.gov/media- library/assets/documents/90195. Additionally, all recipients under this funding opportunity are required to comply with the FEMA GPD EHP Policy Guidance, FEMA Policy 4108-023- 1, available at https://www.fema.gov/media-library/assets/documents/85376. Applicants may attach the EHP forms during the application period for the project(s)they wish to pursue; however, it does not guarantee award. Once the awards are announced, it is the responsibility of the grant recipients to supply the required EHP form at that time to DHS/FEMA, if they have not submitted already during the application period. Applicants can only proceed with their project(s) once the EHP review is completed and approved. DHS/FEMA may notify grant recipients via email if EHP review is required and will provide instructions on how to comply. SAFER Program applications that involve the installation of supplies/equipment not specifically excluded from a FEMA EHP Review,per the GPD Programmatic Environmental Assessment(PEA), such as ground-disturbing activities, or modification/renovation of 126 FY 2021 SAFER Program NOFO 113ack tc�„_flie,,,,Tgp, 26 existing buildings or structures, will require an EHP review. Some equipment will require an EHP review as well. Such activities include, but are not limited to, the installation of: • Building renovations such as removal of wall or installation of electrical or waterlines • Training/exercises in natural settings such as rope or swift water • LED Signs • Any scope of work that involves ground disturbances The following activities would not require the submission of the FEMA EHP Screening Form: • Planning and development of policies or processes • Management, administrative or personnel actions • Classroom-based training • Acquisition of mobile and portable equipment(not involving installation) on or in a building and does not require a storage area to be constructed • Purchase of Personal Protective Equipment(PPE) d. Federal Flood Risk Manazement Standard All non-critical new construction or substantial improvement of structures in a Special Flood Hazard Area must, at a minimum, apply the flood elevations of the Federal Flood Risk Management Standard's Freeboard Value Approach unless doing so would cause the project to be unable to meet applicable program cost-effectiveness requirements. All other types of projects may choose to apply the flood elevations of the Federal Flood Risk Management Standard's Freeboard Value Approach. e. Period of Performance Guidance i. Hiring Activity • The period of performance is 36 months for all grants awarded under this activity. • A default 180-day recruitment period begins when FEMA approves an application for an award under this activity. • The 36-month period of performance automatically starts after the 180-day recruitment period, regardless of whether the recipient has successfully hired the requested firefighters. The period of performance cannot start later than 180 days after the award date. • If a recipient is able to hire all SAFER Program-funded firefighters during the 180- day recruitment period, the period of performance may begin at that time. In these instances, recipients must submit an amendment requesting that the period of performance start before the end of the 180-day recruitment period if they wish to begin the period early. ii. R&R Activity • The period of performance is 12, 24, 36, or 48 months for all grants awarded under this activity. • A default 90-day recruitment period begins when FEMA approves the application for award. This period allows each recipient time to gather resources, initiate processes, 127 FY 2021 SAFER Program NOFO 113ack to t;;�z ,,,,,Tgp, 27 and finalize contracts needed to implement SAFER Program activities before the start of the period of performance in order to maximize the funding's availability. However, the recipient can only expend funds within the period of performance. • The period of performance automatically starts after the 90-day recruitment period ends, regardless of whether the recipient has begun implementing its grant award. The period of performance cannot start later than 90 days after the award date. • If a recipient is able to begin its recruitment or retention activities during the 90-day recruitment period, the period of performance may begin at that time. In these instances, recipients must submit an amendment requesting that the period of performance start before the end of the 90-day recruitment period if they wish to begin the period early. f. Difference between Application Request and Award During the review process for a SAFER Program award, FEMA may have modified the application request(s). These modifications will be identified in the award package provided upon the offer of an award. If the awarded activities, scope of work, or requested dollar amount(s) do not match the application as submitted, the recipient shall only be responsible for completing the activities actually funded by FEMA. The recipient is under no obligation to start, modify, or complete any activities requested but not funded by the award. The award package will identify any differences under the approved scope of work section. g. Turndown Notifications FEMA GO will provide all applicants who do not receive a FY 2021 SAFER Program award with a turndown notification. 3. Reporting Recipients are required to submit various financial and programmatic reports as a condition of award acceptance. Future awards and funds drawdown may be withheld if these reports are delinquent. Recipients should keep detailed records of all transactions involving the grant. FEMA may at any time request copies of purchasing documentation along with copies of cancelled checks or other proof of payment documentation for verification. a. Financial Reporting Requirements I. FEDERAL FINANCIAL REPORT(FFR) Recipients must report obligations and expenditures through the FFR form (SF-425)to FEMA. Recipients may review the Federal Financial Reporting Form (FFR) (SF-425) at https://www.�zrants.�zov/web/rants/forms/post-award-report-forms.htmlgsortby=1. Recipients must file the FFR electronically using FEMA GO. II. FFR REPORTING PERIODS AND DUE DATES Recipients are required to submit a Federal Financial Report(FFR or SF-425) on a semi- annual basis. The FFR must be submitted through FEMA GO based on the calendar year beginning with the period after the award is made. Grant recipients are required to submit an 128 FY 2021 SAFER Program NOFO 113ack tc�,,,,t__�;z; ,_.,Top 28 FFR throughout the entire period of performance of the grant and for closeout. Reports are due: • No later than July 30 (for the period January 1 —June 30) • No later than January 30 (for the period July 1 —December 31) • Within 120 calendar days after the end of the Period of Performance Future awards and fund drawdowns may be withheld if these reports are delinquent, demonstrate lack of progress, or are insufficient in detail. b. Programmatic Performance Reporting Requirements I. PERFORMANCE PROGRESS REPORT(PPR) The recipient is responsible for completing and submitting a Programmatic Performance Report (PPR)using FEMA GO. The PPR is due every six months after the start of the grant's period of performance, and every six months thereafter until the period of performance ends. The PPR should include the following: • A brief narrative of overall project(s) status; • A summary of project expenditures; • A description of any potential issues that may affect project completion; and • Other information specific to the Activities awarded. c. Closeout Reporting Requirements I. CLOSEOUT REPORTING Within 120 calendar days after the end of the period of performance for the prime award or after an amendment has been issued to close out an award before the original POP ends, recipients must liquidate all financial obligations and must submit the following: i. The final request for payment, if applicable. ii. The final FFR (SF-425). iii. The final progress report detailing all accomplishments, including a narrative summary of the impact of those accomplishments throughout the period of performance. iv. Other documents required by this NOFO, terms and conditions of the award, or other FEMA guidance. In addition,pass-through entities are responsible for closing out their subawards as described in 2 C.F.R. § 200.344; subrecipients are still required to submit closeout materials within 90 calendar days of the period of performance end date. When a subrecipient completes all closeout requirements,pass-through entities must promptly complete all closeout actions for subawards in time for the recipient to submit all necessary documentation and information to FEMA during the closeout of the prime award. After the prime award closeout reports have been reviewed and approved by FEMA, a closeout notice will be completed to close out the grant. The notice will indicate the period of performance as closed, list any remaining funds that will be deobligated, and address the requirement of maintaining the grant records for at least three years from the date of the final 129 FY 2021 SAFER Program NOFO 113ack tc�„_flie,,,,Tgp, 29 FFR. The record retention period may be longer, such as due to an audit or litigation, for equipment or real property used beyond the period of performance, or due to other circumstances outlined in 2 C.F.R. § 200.334. The recipient is responsible for refunding to FEMA any balances of unobligated cash that FEMA paid that are not authorized to be retained per 2 C.F.R. § 200.344(d). II. ADMINISTRATIVE CLOSEOUT Administrative closeout is a mechanism for FEMA to unilaterally move forward with closeout of an award using available award information in lieu of final reports from the recipient per 2 C.F.R. § 200.344(h)-(i). It is a last resort available to FEMA, and if FEMA needs to administratively close an award, this may negatively impact a recipient's ability to obtain future funding. This mechanism can also require FEMA to make cash or cost adjustments and ineligible cost determinations based on the information it has, which may result in identifying a debt owed to FEMA by the recipient. When a recipient is not responsive to FEMA's reasonable efforts to collect required reports needed to complete the standard closeout process, FEMA is required under 2 C.F.R. § 200.344(h)to start the administrative closeout process within the regulatory timeframe. FEMA will make at least three written attempts to collect required reports before initiating administrative closeout. If the recipient does not submit all required reports in accordance with 2 C.F.R. § 200.344, this NOFO, and the terms and conditions of the award, FEMA must proceed to administratively close the award with the information available within one year of the period of performance end date. Additionally, if the recipient does not submit all required reports within one year of the period of performance end date,per 2 C.F.R. § 200.344(i), FEMA must report in FAPIIS the recipient's material failure to comply with the terms and conditions of the award. If FEMA administratively closes an award where no final FFR has been submitted, FEMA uses that administrative closeout date in lieu of the final FFR submission date as the start of the record retention period under 2 C.F.R. § 200.334. In addition, if an award is administratively closed, FEMA may decide to impose remedies for noncompliance per 2 C.F.R. § 200.339, consider this information in reviewing future award applications, or apply special conditions to existing or future awards. d. Additional Reporting Requirements I. DISCLOSING INFORMATION PER 2 C.F.R. § 180.335 This reporting requirement pertains to disclosing information related to government-wide suspension and debarment requirements. Before a recipient enters into a grant award with FEMA,the recipient must notify FEMA if it knows if it or any of the recipient's principals under the award fall under one or more of the four criteria listed at 2 C.F.R. § 180.335: i. Are presently excluded or disqualified; 130 FY 2021 SAFER Program NOFO 113ack tc�„_flie,,,,Tgp, 30 ii. Have been convicted within the preceding three years of any of the offenses listed in 2 C.F.R. § 180.800(a) or had a civil judgment rendered against it or any of the recipient's principals for one of those offenses within that time period; iii. Are presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local)with commission of any of the offenses listed in 2 C.F.R. § 180.800(a); or iv. Have had one or more public transactions (federal, state, or local)terminated within the preceding three years for cause or default. At any time after accepting the award, if the recipient learns that it or any of its principals falls under one or more of the criteria listed at 2 C.F.R. § 180.335, the recipient must provide immediate written notice to FEMA in accordance with 2 C.F.R. § 180.350. II. REPORTING OF MATTERS RELATED TO RECIPIENT INTEGRITY AND PERFORMANCE Per 2 C.F.R. Part 200, Appendix I § F.3, the additional post-award reporting requirements in 2 C.F.R. Part 200, Appendix XII may apply to applicants who, if upon becoming recipients, have a total value of currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies that exceeds $10 million for any period of time during the period of performance of an award under this funding opportunity. Recipients that meet these criteria must maintain current information reported in FAPIIS about civil, criminal, or administrative proceedings described in paragraph 2 of Appendix XII at the reporting frequency described in paragraph 4 of Appendix XII. III. SINGLE AUDIT REPORT For audits of fiscal years beginning on or after December 26, 2014, recipients that expend $750,000 or more from all federal funding sources during their fiscal year are required to submit an organization-wide financial and compliance audit report, also known as the single audit report. The audit must be performed in accordance with the requirements of U.S. Government Accountability Office's (GAO) Government Auditing Standards, located at https://www.�zao.�zov/yellowboolc/overview, and the requirements of Subpart F of 2 C.F.R. Part 200, located at http://www.ecfr.gov/cgi-bin/text-idx?node=sp2.1.200.f. 4. Monitoring and Oversight Per 2 C.F.R. § 200.337, FEMA, through its authorized representatives, has the right, at all reasonable times, to make site visits or conduct desk reviews to review project accomplishments and management control systems to review award progress and to provide any required technical assistance. During site visits or desk reviews, FEMA will review recipients' files related to the award. As part of any monitoring and program evaluation activities, recipients must permit FEMA, upon reasonable notice, to review grant-related records and to interview the organization's staff and contractors regarding the program. Recipients must respond in a timely and accurate manner to FEMA requests for information relating to the award. 131 FY 2021 SAFER Program NOFO 113ack tc�,,,,t__�;z; ,_.,Top 31 Effective monitoring and oversight help FEMA ensure that recipients use grant funds for their intended purpose(s); verify that projects undertaken are consistent with approved plans; and ensure that recipients make adequate progress toward stated goals and objectives. Additionally, monitoring serves as the primary mechanism to ensure that recipients comply with applicable laws, rules, regulations,program guidance, and requirements. FEMA regularly monitors all grant programs both financially and programmatically in accordance with federal laws, regulations (including 2 C.F.R. Part 200),program guidance, and the terms and conditions of the award. All monitoring efforts ultimately serve to evaluate progress towards grant goals and proactively target and address issues that may threaten grant success during the period of performance. FEMA staff will periodically monitor recipients to ensure that administrative processes, policies and procedures, budgets, and other related award criteria are meeting Federal Government-wide and FEMA regulations. Aside from reviewing quarterly financial and programmatic reports, FEMA may also conduct enhanced monitoring through either desk- based reviews, onsite monitoring visits, or both. Enhanced monitoring will involve the review and analysis of the financial compliance and administrative processes,policies, activities, and other attributes of each federal assistance award, and it will identify areas where the recipient may need technical assistance, corrective actions, or other support. Financial and programmatic monitoring are complementary processes within FEMA's overarching monitoring strategy that function together to ensure effective grants management, accountability, and transparency; validate progress against grant and program goals; and safeguard federal funds against fraud, waste, and abuse. Financial monitoring primarily focuses on statutory and regulatory compliance with administrative grant requirements, while programmatic monitoring seeks to validate and assist in grant progress, targeting issues that may be hindering achievement of project goals and ensuring compliance with the purpose of the grant and grant program. Both monitoring processes are similar in that they feature initial reviews of all open awards, and additional, in-depth monitoring of grants requiring additional attention. Recipients and subrecipients who are pass-through entities are responsible for monitoring their subrecipients in a manner consistent with the terms of the federal award at 2 C.F.R. Part 200, including 2 C.F.R. § 200.332. This includes the pass-through entity's responsibility to monitor the activities of the subrecipient as necessary to ensure that the subaward is used for authorized purposes, in compliance with federal statutes, regulations, and the terms and conditions of the subaward; and that subaward performance goals are achieved. In terms of overall award management, recipient and subrecipient responsibilities include, but are not limited to: accounting of receipts and expenditures, cash management, maintaining adequate financial records, reporting and refunding expenditures disallowed by audits, monitoring if acting as a pass-through entity, or other assessments and reviews, and ensuring overall compliance with the terms and conditions of the award or subaward, as applicable, including the terms of 2 C.F.R. Part 200. 132 FY 2021 SAFER Program NOFO 113ack tc�„_flie,,,,Tgp, 32 G. DHS Awarding A2ency Contact Information I. Contact and Resource Information a. Program Office Contact The SAFER Program Help Desk provides technical assistance to applicants for the online completion and submission of applications into FEMA GO, answers questions concerning applicant eligibility, recipient responsibilities, and helps in the programmatic administration of awards. The SAFER Program Help Desk can be contacted at(866) 274-0960 or by email at FireGrantsL&fema.dhs.gov. Normal hours of operation are Monday through Friday, 8 a.m. to 4:30 p.m. ET. b. SAFER Program Application Guidance Documents Guidance documents such as application tutorials, Self-Evaluation Guides, and Frequently Asked Questions (FAQs) are provided to further explain the current SAFER Program, assist with the online grant application, and highlight lessons learned and changes for FY 2021. For more details,please visit the SAFER Program website at https://www.fema.a,o�v/,.r ants/preparedness/firefighters/safer. c. Centralized Scheduling and Information Desk(CSID) CSID is a non-emergency comprehensive management and information resource developed by FEMA for grants stakeholders. CSID provides general information on all FEMA grant programs and maintains a comprehensive database containing key personnel contact information at the federal, state, and local levels. When necessary, recipients will be directed to a federal point of contact who can answer specific programmatic questions or concerns. CSID can be reached by phone at(800) 368-6498 or by e-mail at AskCS1DL&fema.dhs.gov, Monday through Friday, 9:00 a.m. —4:30 p.m. ET. d. Grant Programs Directorate (GPD)Award Administration Division GPD's Award Administration Division (AAD)provides support regarding financial matters and budgetary technical assistance. For additional guidance and information, contact the AAD's Help Desk via e-mail at ASK-GMDL&fema.dhs.gov,., e. Equal Rights The FEMA Office of Equal Rights (OER) is responsible for compliance with and enforcement of federal civil rights obligations in connection with programs and services conducted by FEMA and recipients of FEMA financial assistance. All inquiries and communications about federal civil rights compliance for FEMA grants under this NOFO should be sent to FEMA-CivilRightsOfficeL&fema.dhs.gov. f. Environmental Planning and Historic Preservation GPD's EHP Team provides guidance and information about the EHP review process to recipients and subrecipients. All inquiries and communications about GPD projects under this NOFO or the EHP review process, including the submittal of EHP review materials, should be sent to GPDEHPinfoL&fema.dhs.gov. 133 FY 2021 SAFER Program NOFO 113ack tc�,,,,t__�;z; ,_.,Top 33 2. Systems Information a. FEMA GO For technical assistance with the FEMA GO system,please contact the FEMA GO Helpdesk at FEMAQQL&fema.dhs.gov or(877) 585-3242, Monday through Friday, 8 a.m. —6 p.m. ET. H. Additional Information 1. Termination Provisions FEMA may terminate a federal award in whole or in part for one of the following reasons. FEMA and the recipient must still comply with closeout requirements at 2 C.F.R. §§ 200.344-200.345 even if an award is terminated in whole or in part. To the extent that subawards are permitted under this NOFO,pass-through entities should refer to 2 C.F.R. § 200.340 for additional information on termination regarding subawards. a. Noncompliance If a recipient fails to comply with the terms and conditions of a federal award, FEMA may terminate the award in whole or in part. If the noncompliance can be corrected, FEMA may first attempt to direct the recipient to correct the noncompliance. This may take the form of a Compliance Notification. If the noncompliance cannot be corrected or the recipient is non- responsive, FEMA may proceed with a Remedy Notification, which could impose a remedy for noncompliance per 2 C.F.R. § 200.339, including termination. Any action to terminate based on noncompliance will follow the requirements of 2 C.F.R. §§ 200.341-200.342 as well as the requirement of 2 C.F.R. § 200.340(c)to report in FAPIIS the recipient's material failure to comply with the award terms and conditions. See also the section on Actions to Address Noncompliance in this NOFO. b. With the Consent of the Recipient FEMA may also terminate an award in whole or in part with the consent of the recipient, in which case the parties must agree upon the termination conditions, including the effective date, and in the case of partial termination, the portion to be terminated. c. Notification by the Recipient The recipient may terminate the award, in whole or in part, by sending written notification to FEMA setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. In the case of partial termination, FEMA may determine that a partially terminated award will not accomplish the purpose of the federal award, so FEMA may terminate the award in its entirety. If that occurs, FEMA will follow the requirements of 2 C.F.R. §§ 200.341-200.342 in deciding to fully terminate the award. 2. Period of Performance Extensions Extensions to the period of performance (POP) for this program are allowed. Extensions to the POP identified in the award will only be considered through formal, written requests to via FEMA GO and must contain specific and compelling justifications as to why an extension is required. Recipients are advised to coordinate with the FEMA Preparedness Officer as needed when preparing an extension request. Recipients should request extensions sparingly and only under exceptional circumstances. Approval is not guaranteed. 134 FY 2021 SAFER Program NOFO 113ack tc�,,,,t__�;z; ,_.,Top 34 All extension requests must address the following: a. The grant program, fiscal year, and award number; b. Reason for the delay—including details of the legal,policy, or operational challenges that prevent the final outlay of awarded funds by the deadline; c. Current status of the activity(ies); d. Approved POP termination date and new project completion date; e. Amount of funds drawn down to date; f. Remaining available funds, both federal and, if applicable, non-federal; g. Budget outlining how remaining federal and, if applicable, non-federal funds will be expended; h. Plan for completion, including milestones and timeframes for achieving each milestone and the position or person responsible for implementing the plan for completion; and i. Certification that the activity(ies)will be completed within the extended POP without any modification to the original statement of work as approved by FEMA. Extension requests will be granted only due to compelling legal,policy, or operational challenges. Extension requests will only be considered for the following reasons: • Contractual commitments by the recipient or subrecipient with vendors prevent completion of the project, including delivery of equipment or services, within the existing POP; • The project must undergo a complex environmental review that cannot be completed within the existing POP; • Projects are long-term by design, and therefore acceleration would compromise core programmatic goals; or • Where other special or extenuating circumstances exist. Recipients should submit all proposed extension requests to FEMA for review and approval at least 60 calendar days prior to the end of the POP to allow sufficient processing time. The review process can take up to 30 calendar days or longer. Recipients should factor this review period into the timing of when to submit a request for an extension. In accordance with FEMA policy, FEMA reviews extensions on a case-by-case basis and are typically granted for no more than a six-month period. Prior to submitting the extension request, recipients should be current on payment requests and required reporting discussed in this NOFO. 3. Disability Integration Pursuant to Section 504 of the Rehabilitation Act of 1973, recipients of FEMA financial assistance must ensure that their programs and activities do not discriminate against other qualified individuals with disabilities. Grant recipients should engage with the whole community to advance individual and community preparedness and to work as a nation to build and sustain resilience. In doing so, recipients are encouraged to consider the needs of individuals with disabilities into the activities and projects funded by the grant. 135 FY 2021 SAFER Program NOFO 113ack tc�,,,,t__�;z; ,_.,Top 35 FEMA expects that the integration of the needs of people with disabilities will occur at all levels, including planning; alerting, notification, and public outreach; training;purchasing of equipment and supplies; protective action implementation; and exercises/drills. The following are examples that demonstrate the integration of the needs of people with disabilities in carrying out FEMA awards: • Include representatives of organizations that work with/for people with disabilities on planning committees, work groups and other bodies engaged in development and implementation of the grant programs and activities. • Hold all activities related to the grant in locations that are accessible to persons with physical disabilities to the extent practicable. • Acquire language translation services, including American Sign Language, that provide public information across the community and in shelters. • Ensure shelter-specific grant funds are in alignment with FEMA's Guidance on Planning for Integration of Functional Needs Support Services in General Population Shelters. • If making alterations to an existing building to a primary function area utilizing federal funds, complying with the most recent codes and standards and making path of travel to the primary function area accessible to the greatest extent possible. • Implement specific procedures used by public transportation agencies that include evacuation and passenger communication plans and measures for individuals with disabilities. • Identify, create, and deliver training to address any training gaps specifically aimed toward whole-community preparedness. Include and interact with individuals with disabilities, aligning with the designated program capability. • Establish best practices in inclusive planning and preparedness that consider physical access, language access, and information access. Examples of effective communication access include providing auxiliary aids and services such as sign language interpreters, Computer Aided Real-time Translation (CART), and materials in Braille or alternate formats. FEMA grant recipients can fund projects towards the resiliency of the whole community, including people with disabilities, such as training, outreach and safety campaigns,provided that the project aligns with this NOFO and the terms and conditions of the award. 4. Conflicts of Interest in the Administration of Federal Awards or Subawards For conflicts of interest under grant-funded procurements and contracts, refer to the section on Procurement Integrity in this NOFO and 2 C.F.R. §§ 200.317 —200.327. To eliminate and reduce the impact of conflicts of interest in the subaward process, recipients and pass-through entities must follow their own policies and procedures regarding the elimination or reduction of conflicts of interest when making subawards. Recipients and pass-through entities are also required to follow any applicable federal and state, local, tribal, or territorial (SLTT) statutes or regulations governing conflicts of interest in the making of subawards. 136 FY 2021 SAFER Program NOFO 113ack to t;;�z ,,,,,Top 36 The recipient or pass-through entity must disclose to the respective Program Analyst or Program Manager, in writing, any real or potential conflict of interest that may arise during the administration of the federal award, as defined by the federal or SLTT statutes or regulations or their own existing policies, within five days of learning of the conflict of interest. Similarly, subrecipients, whether acting as subrecipients or as pass-through entities, must disclose any real or potential conflict of interest to the recipient or next-level pass- through entity as required by the recipient or pass-through entity's conflict of interest policies, or any applicable federal or SLTT statutes or regulations. Conflicts of interest may arise during the process of FEMA making a federal award in situations where an employee, officer, or agent, any members of his or her immediate family, his or her partner has a close personal relationship, a business relationship, or a professional relationship, with an applicant, subapplicant, recipient, subrecipient, or FEMA employees. 5. Procurement Integrity Through audits conducted by the DHS Office of Inspector General (OIG) and FEMA grant monitoring, findings have shown that some FEMA recipients have not fully adhered to the proper procurement requirements when spending grant funds. Anything less than full compliance with federal procurement requirements jeopardizes the integrity of the grant as well as the grant program. To assist with determining whether an action is a procurement or instead a subaward,please consult 2 C.F.R. § 200.331. The below highlights the federal procurement requirements for FEMA recipients when procuring goods and services with federal grant funds. FEMA will include a review of recipients' procurement practices as part of the normal monitoring activities. All procurement activity must be conducted in accordance with federal procurement standards at 2 C.F.R. §§ 200.317—200.327. Select requirements under these standards are listed below. The recipient and any of its subrecipients must comply with all requirements, even if they are not listed below. Under 2 C.F.R. § 200.317, when procuring property and services under a federal award, states (including territories) must follow the same policies and procedures they use for procurements from their non-federal funds; additionally, states must now follow 2 C.F.R. § 200.321 regarding socioeconomic steps, 200.322 regarding domestic preferences for procurements, 200.323 regarding procurement of recovered materials, and 2 C.F.R. § 200.327 regarding required contract provisions. All other non-federal entities, such as tribes (collectively, non-state entities), must have and use their own documented procurement procedures that reflect applicable SLTT laws and regulations,provided that the procurements conform to applicable federal law and the standards identified in 2 C.F.R. Part 200. These standards include, but are not limited to, providing for full and open competition consistent with the standards of 2 C.F.R. § 200.319 and § 200.320. 137 FY 2021 SAFER Program NOFO 113ack to t;;�z ,,,,,Top 37 a. Important Changes to Procurement Standards in 2 C.F.R. Part 200 OMB recently updated various parts of Title 2 of the Code of Federal Regulations, among them, the procurement standards. States are now required to follow the socioeconomic steps in soliciting small and minority businesses, women's business enterprises, and labor surplus area firms per 2 C.F.R. § 200.321. All non-federal entities should also, to the greatest extent practicable under a federal award,provide a preference for the purchase, acquisition, or use of goods,products, or materials produced in the United States per 2 C.F.R. § 200.322. The recognized procurement methods in 2 C.F.R. § 200.320 have been reorganized into informal procurement methods, which include micro-purchases and small purchases; formal procurement methods, which include sealed bidding and competitive proposals; and noncompetitive procurements. The federal micro-purchase threshold is currently $10,000, and non-state entities may use a lower threshold when using micro-purchase procedures under a FEMA award. If a non-state entity wants to use a micro-purchase threshold higher than the federal threshold, it must follow the requirements of 2 C.F.R. § 200.320(a)(1)(iii)- (iv). The federal simplified acquisition threshold is currently $250,000, and a non-state entity may use a lower threshold but may not exceed the federal threshold when using small purchase procedures under a FEMA award. See 2 C.F.R. §§ 200.216, 200.471, and Appendix 11 as well as Section D.9.a: Prohibitions on Expend FEMA Award Funds for Covered Telecommunications of this NOFO regarding prohibitions on covered telecommunications equipment or services. b. Competition and Conflicts of Interest Among the requirements of 2 C.F.R. § 200.319(b) applicable to all non-federal entities other than states, in order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, or invitations for bids or requests for proposals must be excluded from competing for such procurements. FEMA considers these actions to be an organizational conflict of interest and interprets this restriction as applying to contractors that help a non- federal entity develop its grant application,project plans, or project budget. This prohibition also applies to the use of former employees to manage the grant or carry out a contract when those former employees worked on such activities while they were employees of the non- federal entity. Under this prohibition, unless the non-federal entity solicits for and awards a contract covering both development and execution of specifications (or similar elements as described above), and this contract was procured in compliance with 2 C.F.R. §§ 200.317—200.327, federal funds cannot be used to pay a contractor to carry out the work if that contractor also worked on the development of those specifications. This rule applies to all contracts funded with federal grant funds, including pre-award costs, such as grant writer fees, as well as post- award costs, such as grant management fees. Additionally, some of the situations considered to be restrictive of competition include, but are not limited to: • Placing unreasonable requirements on firms for them to qualify to do business; 138 FY 2021 SAFER Program NOFO 113ack to t;;�z ,,,,,Tgp, 38 • Requiring unnecessary experience and excessive bonding; • Noncompetitive pricing practices between firms or between affiliated companies; • Noncompetitive contracts to consultants that are on retainer contracts; • Organizational conflicts of interest; • Specifying only a"brand name"product instead of allowing "an equal"product to be offered and describing the performance or other relevant requirements of the procurement; and • Any arbitrary action in the procurement process. Per 2 C.F.R. § 200.319(c), non-federal entities other than states must conduct procurements in a manner that prohibits the use of statutorily or administratively imposed SLTT geographical preferences in the evaluation of bids or proposals, except in those cases where applicable federal statutes expressly mandate or encourage geographic preference. Nothing in this section preempts state licensing laws. When contracting for architectural and engineering services, geographic location may be a selection criterion provided its application leaves an appropriate number of qualified firms, given the nature and size of the project, to compete for the contract. Under 2 C.F.R. § 200.318(c)(1), non-federal entities other than states are required to maintain written standards of conduct covering conflicts of interest and governing the actions of their employees engaged in the selection, award, and administration of contracts. No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a federal award if he or she has a real or apparent conflict of interest. Such conflicts of interest would arise when the employee, officer or agent, any member of his or her immediate family, his or her partner, or an organization that employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of the non-federal entity may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However, non-federal entities may set standards for situations in which the financial interest is not substantial, or the gift is an unsolicited item of nominal value. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the non-federal entity. If the recipient or subrecipient (other than states) has a parent, affiliate, or subsidiary organization that is not a state, local, tribal, or territorial government, the non-federal entity must also maintain written standards of conduct covering organizational conflicts of interest. In this context, organizational conflict of interest means that because of a relationship with a parent company, affiliate, or subsidiary organization, the non-federal entity is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization. The non- federal entity must disclose in writing any potential conflicts of interest to FEMA or the pass- through entity in accordance with applicable FEMA policy. c. Supply Schedules and Purchasing Programs Generally, a non-federal entity may seek to procure goods or services from a federal supply schedule, state supply schedule, or group purchasing agreement. 139 FY 2021 SAFER Program NOFO 113ack to t;;�z ,,,,,Tgp, 39 I. GENERAL SERVICES ADMINISTRATION SCHEDULES States, tribes, and local governments, and any instrumentality thereof(such as local education agencies or institutions of higher education)may procure goods and services from a General Services Administration (GSA) schedule. GSA offers multiple efficient and effective procurement programs for state, tribal, and local governments, and instrumentalities thereof, to purchase products and services directly from pre-vetted contractors. The GSA Schedules (also referred to as the Multiple Award Schedules and the Federal Supply Schedules) are long-term government-wide contracts with commercial firms that provide access to millions of commercial products and services at volume discount pricing. Information about GSA programs for states, tribes, and local governments, and instrumentalities thereof, can be found at https://www. gov/resources-for/programs-for- State-and-local-governments and https://www. ov/buyin „-sg elling/purchasing- programs/gsa-schedules/schedule-buyers/state-and-local-governments. For tribes, local governments, and their instrumentalities that purchase off of a GSA schedule, this will satisfy the federal requirements for full and open competition provided that the recipient follows the GSA ordering procedures; however, tribes, local governments, and their instrumentalities will still need to follow the other rules under 2 C.F.R. §§ 200.317 —200.327, such as solicitation of minority businesses, women's business enterprises, small businesses, or labor surplus area firms (§ 200.321), domestic preferences (§ 200.322), contract cost and price (§ 200.324), and required contract provisions (§ 200.327 and Appendix II). II. OTHER SUPPLY SCHEDULES AND PROGRAMS For non-federal entities other than states, such as tribes, local governments, and nonprofits, that want to procure goods or services from a state supply schedule, cooperative purchasing program, or other similar program, in order for such procurements to be permissible under federal requirements, the following must be true: • The procurement of the original contract or purchasing schedule and its use by the non-federal entity complies with state and local law, regulations, and written procurement procedures; • The state or other entity that originally procured the original contract or purchasing schedule entered into the contract or schedule with the express purpose of making it available to the non-federal entity and other similar types of entities; • The contract or purchasing schedule specifically allows for such use, and the work to be performed for the non-federal entity falls within the scope of work under the contract as to type, amount, and geography; • The procurement of the original contract or purchasing schedule complied with all the procurement standards applicable to a non-federal entity other than states under at 2 C.F.R. §§ 200.317—200.327; and • With respect to the use of a purchasing schedule, the non-federal entity must follow ordering procedures that adhere to applicable state, tribal, and local laws and regulations and the minimum requirements of full and open competition under 2 C.F.R. Part 200. 140 FY 2021 SAFER Program NOFO 113ack tc�„_flie,,,,Tgp, 40 If a non-federal entity other than a state seeks to use a state supply schedule, cooperative purchasing program, or other similar type of arrangement, FEMA recommends the recipient discuss the procurement plans with its FEMA Preparedness Officer d. Procurement Documentation Per 2 C.F.R. § 200.318(i), non-federal entities other than states and territories are required to maintain and retain records sufficient to detail the history of procurement covering at least the rationale for the procurement method, contract type, contractor selection or rejection, and the basis for the contract price. States and territories are encouraged to maintain and retain this information as well and are reminded that in order for any cost to be allowable, it must be adequately documented per 2 C.F.R. § 200.403(g). Examples of the types of documents that would cover this information include but are not limited to: • Solicitation documentation, such as requests for quotes, invitations for bids, or requests for proposals; • Responses to solicitations, such as quotes, bids, or proposals; • Pre-solicitation independent cost estimates and post-solicitation cost/price analyses on file for review by federal personnel, if applicable; • Contract documents and amendments, including required contract provisions; and • Other documents required by federal regulations applicable at the time a grant is awarded to a recipient. 6. Record Retention a. Record Retention Period Financial records, supporting documents, statistical records, and all other non-federal entity records pertinent to a federal award generally must be maintained for at least three years from the date the final FFR is submitted. See 2 C.F.R. § 200.334. Further, if the recipient does not submit a final FFR and the award is administratively closed, FEMA uses the date of administrative closeout as the start of the general record retention period. The record retention period may be longer than three years or have a different start date in certain cases. These include: • Records for real property and equipment acquired with federal funds must be retained for three years after final disposition of the property. See 2 C.F.R. § 200.334(c). • If any litigation, claim, or audit is started before the expiration of the three-year period, the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. See 2 C.F.R. § 200.334(a). • The record retention period will be extended if the recipient is notified in writing of the extension by FEMA, the cognizant or oversight agency for audit, or the cognizant agency for indirect costs. See 2 C.F.R. § 200.334(b). • Where FEMA requires recipients to report program income after the period of performance ends, the program income record retention period begins at the end of the recipient's fiscal year in which program income is earned. See 2 C.F.R. § 200.334(e). 141 FY 2021 SAFER Program NOFO Back tc�,,,,t__�;z; ,_.,Top 41 • For indirect cost rate proposals, cost allocation plans, or other rate computations records, the start of the record retention period depends on whether the indirect cost rate documents were submitted for negotiation. If the indirect cost rate documents were submitted for negotiation, the record retention period begins from the date those documents were submitted for negotiation. If indirect cost rate documents were not submitted for negotiation, the record retention period begins at the end of the recipient's fiscal year or other accounting period covered by that indirect cost rate. See 2 C.F.R. § 200.334(f). b. Types of Records to Retain FEMA requires that non-federal entities maintain the following documentation for federally funded purchases: • Specifications • Solicitations • Competitive quotes or proposals • Basis for selection decisions • Purchase orders • Contracts • Invoices • Canceled checks Non-federal entities should keep detailed records of all transactions involving the grant. FEMA may at any time request copies of any relevant documentation and records, including purchasing documentation along with copies of cancelled checks for verification. See, e.g., 2 C.F.R. §§ 200.318(i), 200.334, 200.337. In order for any cost to be allowable, it must be adequately documented per 2 C.F.R. § 200.403(g). Non-federal entities who fail to fully document all purchases may find their expenditures questioned and subsequently disallowed. 7. Actions to Address Noncompliance Non-federal entities receiving financial assistance funding from FEMA are required to comply with requirements in the terms and conditions of their awards or subawards, including the terms set forth in applicable federal statutes, regulations, NOFOs, and policies. Throughout the award lifecycle or even after an award has been closed, FEMA or the pass- through entity may discover potential or actual noncompliance on the part of a recipient or subrecipient. This potential or actual noncompliance may be discovered through routine monitoring, audits, closeout, or reporting from various sources. In the case of any potential or actual noncompliance, FEMA may place special conditions on an award per 2 C.F.R. §§ 200.208 and 200.339, FEMA may place a hold on funds until the matter is corrected, or additional information is provided per 2 C.F.R. § 200.339, or it may do both. Similar remedies for noncompliance with certain federal civil rights laws are authorized pursuant to 44 C.F.R. Parts 7 and 19. In the event the noncompliance is not able to be corrected by imposing additional conditions 142 FY 2021 SAFER Program NOFO 113ack tc�,,,,t__�;z; ,_.,Top 42 or the recipient or subrecipient refuses to correct the matter, FEMA might take other remedies allowed under 2 C.F.R. § 200.339. These remedies include actions to disallow costs, recover funds, wholly or partly suspend or terminate the award, initiate suspension and debarment proceedings, withhold further federal awards, or take other remedies that may be legally available. For further information on termination due to noncompliance, see the section on Termination Provisions in this NOFO. FEMA may discover and take action on noncompliance even after an award has been closed. The closeout of an award does not affect FEMA's right to disallow costs and recover funds as long the action to disallow costs takes place during the record retention period. See 2 C.F.R. §§ 200.334, 200.345(a). Closeout also does not affect the obligation of the non-federal entity to return any funds due as a result of later refunds, corrections, or other transactions. 2 C.F.R. § 200.345(a)(2). The types of funds FEMA might attempt to recover include, but are not limited to, improper payments, cost share reimbursements,program income, interest earned on advance payments, or equipment disposition amounts. FEMA may seek to recover disallowed costs through a Notice of Potential Debt Letter, a Remedy Notification, or other letter. The document will describe the potential amount owed, the reason why FEMA is recovering the funds, the recipient's appeal rights, how the amount can be paid, and the consequences for not appealing or paying the amount by the deadline. If the recipient neither appeals nor pays the amount by the deadline, the amount owed will become final. Potential consequences if the debt is not paid in full or otherwise resolved by the deadline include the assessment of interest, administrative fees, and penalty charges; administratively offsetting the debt against other payable federal funds; and transferring the debt to the U.S. Department of the Treasury for collection. FEMA notes the following common areas of noncompliance for FEMA's grant programs: • Insufficient documentation and lack of record retention. • Failure to follow the procurement under grants requirements. • Failure to submit closeout documents in a timely manner. • Failure to follow EHP requirements. • Failure to comply with the POP deadline. 8. Audits FEMA grant recipients are subject to audit oversight from multiple entities including the DHS OIG, the GAO, the pass-through entity, or independent auditing firms for single audits, and may cover activities and costs incurred under the award. Auditing agencies such as the DHS OIG, the GAO, and the pass-through entity (if applicable), and FEMA in its oversight capacity, must have access to records pertaining to the FEMA award. Recipients and subrecipients must retain award documents for at least three years from the date the final FFR is submitted, and even longer in many cases subject to the requirements of 2 C.F.R. § 200.334. In the case of administrative closeout, documents must be retained for at least three years from the date of closeout, or longer subject to the requirements of 2 C.F.R. § 200.334. If documents are retained longer than the required retention period, the DHS OIG, the GAO, 143 FY 2021 SAFER Program NOFO 113ack tc�,,,,t__�;z; ,_.,Top 43 and the pass-through entity, as well as FEMA in its oversight capacity, have the right to access these records as well. See 2 C.F.R. §§ 200.334, 200.337. Additionally, non-federal entities must comply with the single audit requirements at 2 C.F.R. Part 200, Subpart F. Specifically, non-federal entities, other than for-profit subrecipients, that expend $750,000 or more in federal awards during their fiscal year must have a single or program-specific audit conducted for that year in accordance with Subpart F. 2 C.F.R. § 200.501. A single audit covers all federal funds expended during a fiscal year, not just FEMA funds. The cost of audit services may be allowable per 2 C.F.R. § 200.425, but non-federal entities must select auditors in accordance with 2 C.F.R. § 200.509, including following the proper procurement procedures. For additional information on single audit reporting requirements, see Section F of this NOFO under the header"Single Audit Report"within the subsection "Additional Reporting Requirements". The objectives of single audits are to: • Determine if financial statements conform to generally accepted accounting principles (GAAP); • Determine whether the schedule of expenditures of federal awards is presented fairly; • Understand, assess, and test the adequacy of internal controls for compliance with major programs; and • Determine if the entity complied with applicable laws, regulations, and contracts or grants. For single audits, the auditee is required to prepare financial statements reflecting its financial position, a schedule of federal award expenditures, and a summary of the status of prior audit findings and questioned costs. The auditee also is required to follow up and take appropriate corrective actions on new and previously issued but not yet addressed audit findings. The auditee must prepare a corrective action plan to address the new audit findings. 2 C.F.R. §§ 200.508, 200.510, 200.511. Non-federal entities must have an audit conducted, either single or program-specific, of their financial statements and federal expenditures annually or biennially pursuant to 2 C.F.R. § 200.504. Non-federal entities must also follow the information submission requirements of 2 C.F.R. § 200.512, including submitting the audit information to the Federal Audit Clearinghouse within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period. The audit information to be submitted include the data collection form described at 2 C.F.R. § 200.512(c) and Appendix X to 2 C.F.R. Part 200 as well as the reporting package described at 2 C.F.R. § 200.512(b). The non-federal entity must retain one copy of the data collection form and one copy of the reporting package for three years from the date of submission to the Federal Audit Clearinghouse. 2 C.F.R. § 200.512; see also 2 C.F.R. § 200.517 (setting requirements for retention of documents by the auditor and access to audit records in the auditor's possession). FEMA,the DHS OIG, the GAO, and the pass-through entity (if applicable), as part of monitoring or as part of an audit, may review a non-federal entity's compliance with the 144 FY 2021 SAFER Program NOFO 113ack to t;;�z ,,,,,Tgp, 44 single audit requirements. In cases of continued inability or unwillingness to have an audit conducted in compliance with 2 C.F.R. Part 200, Subpart F, FEMA and the pass-through entity, if applicable, are required to take appropriate remedial action under 2 C.F.R. § 200.339 for noncompliance,pursuant to 2 C.F.R. § 200.505. 9. Payment Information FEMA uses the Direct Deposit/Electronic Funds Transfer(DD/EFT) method of payment to recipients. Payment requests are submitted through FEMA GO. 10.Whole Community Preparedness Preparedness is a shared responsibility that calls for the involvement of everyone not just the government—in preparedness efforts. By working together, everyone can help keep the nation safe from harm and help keep it resilient when struck by hazards, such as natural disasters, acts of terrorism, and pandemics. Whole Community includes: • Individuals and families, including those with access and functional needs • Businesses • Faith-based and community organizations • Nonprofit groups • Schools and academia • Media outlets • All levels of government, including state, local, tribal, territorial, and federal partners The phrase "Whole Community" often appears in preparedness materials, as it is one of the guiding principles. It means two things: 1. Involving people in the development of national preparedness documents. 2. Ensuring their roles and responsibilities are reflected in the content of the materials. 145 FY 2021 SAFER Program NOFO 113'ack to t;;�z ,,,,,Top 45 11.Appendix A—FY 2021 SAFER Program Updates Appendix A contains a brief list of changes between FY 2020 and FY 2021 to the SAFER Program. • Under Applicant Eligibility Criteria o Added information on application submittal and Authorized Organization Representatives • Under Narrative Evaluation Criteria o Added information on FEMA's review of Narrative Statements • Under Programmatic Performance Reporting Requirements o Timeline for Performance Progress Report (PPR) changed from every three months to every six months • Under Grant Writer/Preparation Fees o Added information on allowability of grant writer fees 146 FY 2021 SAFER Program NOFO Back tc�,,,,t__�;z; ,_.,Top 46 12.Appendix B —Programmatic Information and Priorities Appendix B contains details on SAFER Program information and priorities. Reviewing this information may help applicants make their application(s) more competitive. a. Ineligible Applications and/or Organizations Volunteer and combination fire departments may apply for funding under both the Hiring Activity and the R&R Activity; however, departments must complete separate applications for each activity. Applicants are limited to one application per activity,per application period. If an applicant submits two applications for the same activity during a single application period, FEMA will disqualify both applications. If two or more of the following entities have different funding streams,personnel rosters, and EINs but share the same facilities, FEMA considers them as being separate organizations for the purposes of FY 2021 SAFER Program eligibility: • Fire departments • National, state, local, federally recognized tribal, and non-profit interest organizations However, if two or more organizations share facilities and each submits an application in the same activity (e.g., Hiring of Firefighters), FEMA reserves the right to review and compare all of those program area applications to determine eligibility and review for potential overlap to avoid duplication of benefits. Examples of ineligible applications and/or organizations include: • For-profit organizations, federal agencies, and individuals. • Fire departments that are a Federal Government entity, or contracted by the Federal Government, and are solely responsible under a formally recognized agreement for suppression of fires on federal installations or land. • Fire departments that are not independent entities but are part of, controlled by, or under the day-to-day operational command and control of a larger department, agency or AHJ. o However, if a fire department is considered to be the same legal entity as a municipality or other governmental organization, and otherwise meets the eligibility criteria, that municipality or other governmental organization may apply on behalf of that fire department as long as the application clearly states that the fire department is considered part of the same legal entity. • State or local agencies, or subsets of any governmental entities, or any authorities that do not meet the requirements as defined by 15 U.S.C. § 2229a(a)(1)(A) and (a)(2). • Ambulance services, emergency medical service organizations, rescue squads, auxiliaries, dive teams, and urban search and rescue teams. • Non-federal airport or port authority fire departments whose sole responsibility is the suppression of fires on the airport grounds or port facilities, unless the airport/port fire department has a formally recognized arrangement with the local jurisdiction to provide fire suppression on a first-due basis outside the confines of the airport or port facilities. 147 FY 2021 SAFER Program NOFO Back tc�,,,,t__�;z; ,_.,Top 47 • Eligible applicants may submit only one application for each eligible activity (Hiring Activity and R&R Activity); all submissions of duplicate applications may be disqualified. • If an applicant submits two or more applications for the same activity, both applications may be disqualified. o This is different from when where an entity is applying on behalf of other organizations that are agencies or instrumentalities of the applicant(e.g., multiple fire departments under the same county, city, borough,parish, or other municipality). In that situation, the applicant may request similar or the same costs as long as the application clearly states which costs (including quantities) are for which agency/instrumentality. This is permissible even if that entity submits multiple applications across regional versus direct applications. b. Supporting Definitions for this NOFO Attrition is a gradual reduction in work force without laying off personnel, e.g., when workers resign or retire and are not replaced. Authority Having Jurisdiction (AHJ) is that person or office charged with enforcing the NFPA codes (Per NFPA 101-2015 Edition: Life Safety Code). Automatic Aid is a plan developed between two or more fire departments for immediate joint response on first alarms (Per NFPA 1710 —2020 edition and NFPA 1720—2020). Benefits, as defined in 2 C.F.R. § 200.431, means the regular compensation paid to employees during periods of authorized absences from the job, e.g., vacation leave, sick leave, military leave. Benefits may include employer contributions or expenses for social security, employee insurance, workmen's compensation, and pension plan costs, and the like, whether treated as indirect costs or as direct costs, and are also eligible and shall be distributed to particular awards and other activities in a manner consistent with the pattern of benefits accruing to the individuals or group of employees whose salaries and wages are chargeable. Career Fire Department, as defined in 15 U.S.C. § 2229, means a fire department that has an all-paid force of firefighting personnel other than paid-on-call firefighters. Combination Fire Department, as defined in 15 U.S.C. § 2229, means a fire department that has paid firefighting personnel and volunteer firefighting personnel. FEMA considers a fire department with firefighting personnel paid a stipend on a per-event basis, or paid on- call, to be a combination fire department. Emergency Medical Services Organization is a public or private organization that provides direct emergency medical services, including medical transport. Fire Department is an agency or organization that has a formally recognized arrangement with a state, territory, local government, or tribal authority (city, county,parish, fire district, 148 FY 2021 SAFER Program NOFO Back tc�„_flie,,,,Tgp, 48 township, town, village or other governing body)to provide fire suppression on a first-due basis to a fixed geographical area. Fire departments may be comprised of members who are volunteer, career, or a combination of volunteer and career. Firefighter is an individual having the legal authority and responsibility to engage in fire suppression; employed by a fire department of a municipality, county, fire district or state, engaged in the prevention, control and extinguishing of fires; and/or responding to emergency situations in which life,property, or the environment is at risk. This individual must be trained in fire suppression, but may also be trained in emergency medical care, hazardous materials awareness, rescue techniques, and any other related duties provided by the fire department. Formal Layoff Notice: Any layoff notice should align with the local rules and regulations that govern civil service employment in the jurisdiction. In order to be reasonable to employees, and to provide employees facing layoff actions a clear understanding of the impending action, any notice of layoff should be in writing and delivered to a specific employee affected by the action. The notice should identify a specific date employment will cease or specific event that would trigger the termination of employment. The notice should be delivered or otherwise presented directly to the affected employee in advance of the layoff action in accordance with the civil service provisions or union agreement in force in the jurisdiction taking action, e.g., 60 days prior to the effective date of the layoff action. The notice should specify whether the action is permanent or temporary, as well as provide the anticipated schedule of layoffs. Initial Full Alarm Assignment is the personnel, equipment, and resources ordinarily dispatched upon notification of a structural fire. Majority Career departments are considered majority career if more than 50% of the active firefighting membership is salaried staff. Majority Volunteer departments are considered majority volunteer if more than 50% of the active firefighting membership is NOT compensated for service other than a nominal stipend and/or insurance. Mutual Aid is a written intergovernmental agreement between agencies and/or jurisdictions stating that they will assist one another on request by furnishing personnel, equipment, and/or expertise in a specified manner(NFPA 1710 Standard for the Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations, and Special Operations to the Public by Career Fire Departments, 2020 edition; and NFPA 1720 Standard for the Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations, and Special Operations to the Public by Volunteer Fire Departments, 2020 Edition). National, State, Local, or Federally Recognized Tribal Organizations that Represent the Interests of Volunteer Firefighters are organizations that support or represent the interests of firefighters in front of legislative bodies at the local, state, tribal and/or federal 149 FY 2021 SAFER Program NOFO Back tc�„_flie,,,,Tgp, 49 level. Such organizations include, but are not limited to, state or local firefighter and/or fire chiefs' associations; and volunteer firefighter relief organizations and associations. FEMA shall make the final determination as to whether an applicant is an appropriate volunteer firefighter interest group. New Recruit is a volunteer that joins the department with the intent to serve as a firefighter, after the recipient is notified of the grant award(the date of the award notification email in the FEMA GO mail center). Nominal Stipend is a stipend that does not exceed 20% of what the fire department would otherwise pay to hire a full-time firefighter to perform the services for which the stipend is provided. Whether a stipend falls above or below the 20%threshold may be determined in one of two ways. Departments that maintain paid full-time firefighters on their payrolls may compare the stipend to the salary they pay a full-time firefighter who performs similar services to determine whether the stipend is more or less than 20% of that salary. Departments that do not maintain full time firefighters on their payrolls may make the determination based on a comparison to the salary paid to a full-time firefighter in a neighboring jurisdiction, elsewhere in the state or ultimately the nation, and may also utilize data from the U.S. Department of Labor's Bureau of Labor Statistics. A nominal stipend may also include reimbursements to volunteer firefighters for approximate out-of-pocket expenses they incur. If a stipend paid exceeds 20% of the prevailing wage calculated as described above, then the firefighter receiving compensation would not qualify as a volunteer and is considered an employee who may be covered by the Fair Labor Standards Act(FLSA) minimum wage and overtime provisions. Operational Budget is the funding supporting fire-related programs and/or emergency response activities (e.g., salaries, maintenance, equipment, apparatus). Operational Position is a position with a primary assignment(more than 50% of time) on a fire suppression vehicle, regardless of collateral duties, in support of the department's NFPA 1710 or NFPA 1720 compliance. Paid-on-Call is defined as firefighters who are paid a stipend for each event to which they respond. Paid-on-call firefighters may be considered paid firefighters or volunteer firefighters, depending on whether the stipend they receive is a nominal stipend. For the purposes of this SAFER Program, a department whose membership is comprised of all volunteer firefighters, including any paid-on-call firefighters who receive only a nominal stipend, will be considered a volunteer fire department. Also, for the purposes of this SAFER Program, a department whose membership is composed of any paid-on-call firefighters who receive more than a nominal stipend will be considered a combination fire department. Also refer to the definition of a nominal stipend. Part-Time Firefighter is a firefighter who works less than 40 hours per week. When more than one part-time firefighter shares a position that results in work in excess of 40 hours per 150 FY 2021 SAFER Program NOFO Back tc�„_flie,,,,Tgp, 50 week, FEMA considers that shared assignment to be a Full-Time Equivalent(FTE)position that must be accounted for in the staffing information provided in the application. Primary First Due is a geographic area surrounding a fire station in which a company from that station is projected to be first to arrive on the scene of an incident. Salary is a fixed payment made by an employer to an employee to compensate for a regular work schedule. Typically, the payment is made on a monthly, biweekly, or weekly basis but often expressed as an annual sum. The salary structure should be documented in writing by the employer. Note: Only costs for overtime that an employer routinely pays as a part of a firefighter's regularly scheduled and contracted shift hours to comply with FLSA are eligible salary costs under the Hiring Activity. State is defined as any of the 50 states, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. Staffing and Deployment is the minimum staffing requirements to ensure a sufficient number of members are available to operate safely and effectively as defined in NFPA 1710 and 1720. Supplanting is to replace or take place of funds that would otherwise be available from state or local sources, or the Bureau of Indian Affairs. Volunteer Fire Department, as defined in 15 U.S.C. § 2229, means a fire department that has an all-volunteer force of firefighting personnel. c. Application Tips The following information may be useful when preparing a competitive application: • NFPA—"FREE ACCESS": as part of its commitment to enhancing public safety and supporting the emergency responder, the NFPA makes its codes and standards available online for free. Please visit http://www.nfpa.org/freeaccess. • For the most competitive applications, select those local need(s)that most closely align with one or more SAFER Program funding priorities. • Applications differ based on the applicant type. For example, the Hiring Activity application will be different from the fire department application for the R&R Activity; the R&R application will be different for a fire department than an interest organization. Be sure to select the appropriate applicant type when applying. • When filling out the online application, applicants are required to provide basic demographic information regarding their organization and the community served, and must provide detailed information regarding the items or activities for which they are seeking funding. • If awarded, the application request(s) may be modified during the award review process; if the awarded activities, Scope of Work, or amount(s) do not match the application as submitted, the grant recipient shall only be responsible for completing the activities actually funded. The grant recipient is under no obligation to start, 151 FY 2021 SAFER Program NOFO 113ack tc�„_flie,,,,Tgp, 51 modify, or complete any activities requested, but not funded by this award. Please review the Award Package. d. Funding Limitations Specific funding parameters are either required by law or are the outcome of recommendations from the CDP. Each requirement is identified below, followed by the source of the requirement noted in parentheses: • A total of 10% of the funding appropriated for FY 2021 SAFER Program awards is set aside for the recruitment and retention of volunteer firefighters (15 U.S.C. § 2229a(a)(2)). o No more than 33% of the total amount allocated for the recruitment and retention of volunteers can be awarded to national, state, local, territorial, or federally recognized tribal organizations that represent the interests of volunteer firefighters (CDP). • A total of 10% of funding appropriated for FY 2021 SAFER Program awards is set aside for grants awarded to all volunteer or majority volunteer departments for hiring of firefighters (15 U.S.C. § 2229a(a)(1)(H)). o A majority volunteer fire department is one that more than half its personnel do not receive financial compensation for their services, other than life, health, and worker's compensation insurance, or a nominal stipend payment, including certain paid-on-call personnel. Although applications are normally awarded based on total score (high to low), in order to meet this 10% statutory set aside the SAFER Program Office may be required to fund an application that meets the criteria for the set aside instead of a higher-scoring application that does not meet the set aside criteria(15 U.S.C. § 2229a(a)(1)(H)). o If FEMA awards less than 10% of the funds available for the hiring of firefighters to volunteer and majority volunteer fire departments, it must transfer the remaining funds to provide grants for the recruitment and retention of volunteer firefighters (15 U.S.C. § 2229a(a)(1)(H)). e. Restrictions on Uses ofA ward Funds • Under the R&R Activity, applications that request a Staffing Needs Assessment and/or Risk Assessment project are precluded from applying for additional R&R- related activities. • Applicants may not use award funds for matching funds for any other federal grants/cooperative agreements, lobbying, or intervention in federal regulatory or adjudicatory proceedings. • Applicants may not use federal funds to sue the Federal Government or any other government entity. f. Funding Priorities Meeting the National Standards FEMA prioritizes bringing non-compliant(NFPA 1710 or 1720) departments into compliance in the most cost-effective manner. 152 FY 2021 SAFER Program NOFO Back tc�„_flie,,,,Tgp, 52 FEMA will ask applicants general questions about the NFPA standard they are attempting to meet as well as their current ability to meet that standard (without the use of overtime). FEMA will also ask applicants to indicate what their ability will be to meet that same standard if awarded grant funds. Having additional firefighters on staff should improve a local fire department's ability to comply with the staffing, response, and operational standards that enhance community and firefighter safety. Applications resulting in the largest percentage increases in compliance with the relevant section of NFPA 1710 (for career departments) or 1720 (for volunteer departments)receive higher pre-scores than applications resulting in smaller percentage increases in compliance. Note: SAFER Program grants focus only on the Deployment, or Staffing and Deployment sections of these two standards, respectively. • NFPA 1710 Assembly Requirements —Standard for the Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations, and Special Operations to the Public by Career Fire Department(Section 5.2.4.1 —Single- Family Dwelling Initial Full Alarm Assignment Capability). This standard applies primarily to career fire departments and combination departments if the combination department chooses it. • NFPA 1720 Assembly Requirements —Standard for the Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations, and Special Operations to the Public by Volunteer Fire Departments (Section 4.3 — Staffing and Deployment). This standard applies primarily to all-volunteer fire departments, but it may also apply to combination departments if the combination department does not choose to comply with the NFPA 1710 standard. g. Hiring Activity Overview Grants awarded under the Hiring Activity enable volunteer, combination, and career fire departments to improve or restore staffing levels to attain a more effective level of response and a safer incident scene. FEMA awards Hiring Activity grants directly to volunteer, combination, and career fire departments to help fire departments increase their cadre of frontline firefighters by providing financial assistance in three categories: • Rehire: Rehiring firefighters who were laid off within the two years prior to the start of the application period; • Retention: Retaining firefighters facing imminent layoff(within 120 days of the close of the application period); or, • New Hire: Hire new, additional firefighters. All of the following are considerations in pre-scoring and peer review determinations. Program priorities are listed as: High(M ), Medium (L9), or Low ( 1.1). 153 FY 2021 SAFER Program NOFO 113ack tc�,,,,t__�;z; ,_.,Top 53 1. Compliance with NFPA Standards The tables below identify the priority levels for current and new compliance with the NFPA 1710/1720 standards discussed in subsection f Funding Priorities - Meeting National Standards of this NOFO. III Never or 0% El Half of the time or 40-59% III Rarely or 1-19% IR Very often or 60-79% 133 Sometimes or 20-39% 1[11 Most of the time or 80-100% _M Always or9l-100% [M Half of the time or 40-59% M Most of the time or 80-90& I[I, Sometimes or 20-39% EM Very often or 60-79% 1[I, Rarely or 0-19% 7 2. Call Volume and Population Served Department call volume and population served are both factors in the initial application evaluation. Departments responding to a higher number of incidents and departments that protect a larger jurisdiction will receive higher consideration than those departments responding to fewer incidents and protecting smaller jurisdictions. 3. Firefighter Health Measures The health and well-being of firefighters is of paramount importance. Therefore, applicants who indicate newly hired firefighters will undergo an entry-level physical and receive immunizations and who indicate they will provide annual medical exams receive higher consideration than applicants who do not specify that these benefits will be provided. To qualify for this higher consideration, the physicals must be consistent with those required under NFPA 1582 Chapter 6, Medical Evaluations of Candidates 6.1, and Chapter 9, Essential Job Tasks — Specific Evaluation of Medical Conditions in Members. Applicants should note that FEMA is working with the NFPA Technical Committee on Fire Service Occupational Safety and Health to evaluate whether the NFPA 1582 standard complies with applicable federal civil rights laws. No decisions have been made and FEMA will issue additional guidance if and when more information becomes available. .......................... M NFPA 1582-compliant physicals on-NFPA 1582-complian physicals ............................ M NFPA 1582-com liant physicals [M Non-NFPA 1582_compliant physicals 4. Training Requirements Applicants will receive higher pre-scores if the personnel funded under the grant will meet the minimum EMS training and certification requirements prescribed by the AHJ. 154 FY 2021 SAFER Program NOFO Back to flie Top ..................................................................................................- 54 a. R&R Activity—Fire Departments Overview Grants awarded under the R&R Activity -Fire Departments assist fire departments with the recruitment and retention of volunteer firefighters who are involved with or trained in the operations of firefighting and emergency response. The grants are intended to create a net increase in the number of trained, certified, and competent firefighters capable of safely responding to emergencies within the recipient's response area. All of the following are considerations in pre-scoring and peer review determinations. Program priorities are listed as: High(M ), Medium (M), or Low 1. Compliance with NFPA Standards The highest priority is to assist departments experiencing a high rate of turnover and that have staffing levels significantly below the ideal staffing level required to comply with NFPA standard 1710 or 1720 as discussed in subsection f. Funding Priorities - Meeting the National Standards of this NOFO. 2. Volunteer Membership Departments or organizations with the highest percentage of volunteers should benefit the most from the recruitment and retention of volunteer firefighters. Therefore, applicants whose membership is comprised of mostly volunteer members, or have a significant number of volunteer firefighters, receive higher consideration. u a o o a 91-100% 41-50% 81-91% 31-40% 71-80% 21-30% 61-70% 11-20% 51-60% 1-10% 3. Call Volume Department call volume is a factor in the initial evaluation. Departments responding to a higher number of incidents receive higher consideration. 4. Firefighter Health Measures Applicants who indicate the newly recruited firefighters will undergo an entry-level physical and receive immunizations, and who indicate they will provide annual medical exams receive higher consideration. To qualify for this higher consideration, the physicals must be consistent with those required under NFPA 1582 Chapter 6, Medical Evaluations of Candidates, and Chapter 9, Essential Job Tasks —Specific Evaluation of Medical Conditions in Members. Applicants who provide worker's compensation/Accidental Death& Dismemberment(AD&D)benefits to their members receive higher consideration than applicants who do not specify these benefits will be provided. Applicants should note that FEMA is working with the NFPA Technical Committee on Fire Service Occupational Safety and Health to evaluate whether the NFPA 1582 standard complies with applicable federal civil rights laws. No decisions have been made 155 FY 2021 SAFER Program NOFO 113ack tc�,,,,t__�;z; ,_.,Top 55 and FEMA will issue additional guidance if and when more information becomes available. W NFPA 1582-compliant physicals IM Non-NFPA 1582-compliant physicals III NFPA 1582-com liant physicals IM Non-NFPA 1582-compliant physicals 5. Firefighter Training and Certification Requirements a III Both Firefighter(FF) IFEmergency FF I Medical Technician EMT III FF II N First Responder 7 Both FF FEW 6. R&R Coordinator/Program Manager/Grant Administrator Applicants who currently have a coordinator,program manager, or grant administrator in place Applicants who will request grant funding for a coordinator,program manager, or rant administrator's position IIIR Applicants who do not have, or are not requesting, a coordinator,program manager, or grant administrator 7. Regional Requests Applications that will have a direct regional or local benefit beyond the immediate boundaries of the applicant's first-due area will receive higher consideration. A regional request is an opportunity for an eligible R&R Activity organization to act as a host and apply for funding on behalf of itself and any number of other participating R&R Activity eligible organizations. Regional activities should achieve cost effectiveness, support regional efficiency and resilience, and have a direct regional or local benefit to more than one local jurisdiction (county,parish, town, township, city, or village). Direct regional or local benefit means that other eligible organizations will receive a portion of the grant-awarded funds, will receive items purchased with the grant funds, or share an item purchased with grant funds. The community identification characteristic, the organizational status of the applicant, and the permanent resident population should be entered for the host entity, regardless of the composition of the participating partners. Regional populations served are the aggregate of the geographically fixed areas of the host and participating partner organizations. 156 FY 2021 SAFER Program NOFO 113ack tc�,,,,t__�;z; ,_.,Top 56 Neither the regional host nor any participating partner is prevented from also applying on behalf of their own organization for any SAFER Program Activity. However, it cannot be for the same item. In completing the application, the host applicant must include a list of all participating organizations, including a point of contact and phone number for each organization that will directly benefit from the regional project if they receive the grant. The organizations that will benefit from the R&R Activity may also apply for funding under the SAFER Program as long as the organizations do not apply for a project or activity that could conflict with or duplicate the host applicant's project. Applicants must also certify that they will ensure the organizations participating in this application have not received grants for similar items/activities. To apply for a regional project, the host organization must agree, if awarded, to be responsible for all aspects of the grant. This includes, but is not limited to, cost share, accountability for the assets, and all reporting requirements in the regional application. All participants of a regional application must be compliant with SAFER Program requirements, including being current with past grants, closeouts, and other reporting requirements. Upon notification by the SAFER Program Office, the host agency shall not distribute grant-funded assets or provide grant-funded contractual services to non- compliant partner organizations. The host and the delinquent partners will be notified by the SAFER Program Office of their specific deficiency. Regional host applicants and participating partner agencies must execute a Memorandum of Understanding (MOU) or equivalent document signed by the host and all participating organizations participating in the award. The MOU must specify the individual and mutual responsibilities of the host and participating partners, the host's and participants' level of involvement in the project(s), the participating partners' EINs, and the proposed distribution of all grant-funded assets or contracted services. Any entity named in the application as benefiting from the award must be an eligible SAFER Program organization and must be a party to the MOU or equivalent document. Copies of the MOU or equivalent document should be submitted as an attachment in the application. b. R&R Activity—National, State, Local, Territorial, or Federally Recognized Tribal Volunteer Firefighter Interest Organizations (Interest Organizations) Overview Grants awarded under the R&R Activity —Interest Organizations allows applicants who identify as an Interest Organization to apply for R&R Activity funding. The grants are intended to create an aggregate increase in the number of trained, certified, and competent firefighters capable of safely responding to emergencies on behalf of the fire departments being represented. For this reason,projects that are comprehensive in nature and based on a clear needs assessment, implementation plan, evaluation plan, and have, or will establish, fire service partnerships will receive higher consideration. 157 FY 2021 SAFER Program NOFO Back to t�z Tgp . ;; ,,,,, 57 In completing the application, the applicant must include data that approximates the characteristics of the entire region and/or all fire departments affected by the grant. If awarded, recipients may be required to provide documentation of each fire department's consent to participate in the application. Applicants must also certify that they will ensure the fire departments participating in this application have not received grants for similar items/activities. The following identifies the elements that the applications will be evaluated on during the pre-scoring process. Automated (pre-score) evaluation scores represent 30% of the total application score. All of the following are considerations in pre-scoring and peer review determinations. Program priorities are listed as: High(M ), Medium (L9), or Low 1. Compliance with NFPA Standards The highest priority is to assist departments experiencing a high rate of turnover that have staffing levels significantly below the ideal staffing level required to comply with NFPA standards 1710 or 1720 as discussed in subsection f. Fundinz Priorities - Meeting the National Standards of this NOFO. Interest Organizations that currently have the lowest recruitment and retention rates among the entire region and/or all fire departments benebtting from the grant funds receive higher consideration for funding. 2. R&R Coordinator/Program Manager/Grant Administrator Applicants who currently have a coordinator,program manager, or grant administrator in place Applicants who will request grant funding for a coordinator,program manager, or rant administrator's position lllM Applicants who do not have, nor are not requesting, a coordinator,program manager, or grant administrator 3. Needs Assessment 7n!eedsXpapssessment licants with projects based on a f�'It Applicants with projects that are not based on a needs assessment 4. Fire Service Partnerships i u MOM Applicants who have, or will establish, IIIICI4� Applicants who will not ha7e, fire service partnerships as part of this establish, fire service partnersh project of this ro'ect 158 FY 2021 SAFER Program NOFO 113'ack tc�,,,,t__�;z; ,_.,Top 58 c. Eligible and Ineligible Costs and Requirements Regardless of the eligibility of any costs requested or the results of the review of the application conducted in accordance with Section E—Application Review Information of this NOFO, FEMA reserves the right to approve the activities requested in an application in whole or in part. IM Eligible Costs: • Salary and associated benefits (actual payroll expenses) for the positions funded under the SAFER Program grant are eligible. Costs are reimbursable if they are included as part of the standard package, available to all operational firefighter positions, contractually obligated, and reimbursed via payroll. Refer also to the definitions in Appendix E —Programmatic Information and Priorities, subsection b. Supporting Definitions for this NOFO. • Compensation for a firefighter's normal, contracted work schedule is reimbursable, but overtime costs are not eligible for reimbursement by the SAFER Program grant award (including overtime for holdovers, extra shifts, to attend training, etc.). Only costs for overtime that the fire department routinely pays as a part of the base salary or a firefighter's regularly scheduled and contracted shift hours, in order to comply with FLSA, are eligible. • Salaries and benefits of firefighters hired with SAFER Program funding while they are engaged in initial recruit training are eligible. Eligibility Requirements: • Only firefighters hired (New Hire category) or rehired (Rehire category) after the SAFER Program grant offer of award (except if awarded under the Retention category) are eligible for grant funding. • Only full-time positions are eligible for funding in all three categories. A full-time position is one position that is funded for at least 2,080 hours per year, e.g., 40 hours per week, 52 weeks per year. • SAFER Program grant funds will only pay for operational positions, in all three categories, whose primary assignment(more than half the time) is on a fire suppression vehicle, regardless of collateral duties. • Volunteer and mostly volunteer fire departments may also hire individuals to fill officer-level positions (e.g., chief, fire inspector, training officer, safety officer) in addition to their primary operational assignment. • Eligible positions for funding under the Rehire category must have been laid off in the two years prior to the start of the application period on Wlatitiu�ary F, 2022. Copies of the official, signed, and issued layoff notices will be required at the time of application. • Firefighters who have been issued a formal layoff notice, which includes a specific date for the layoff action,prior to the start of the application period, and those who face imminent layoff—within 120 days of the close of the application period—are eligible for SAFER Program funding under the Retention category. As the application period closes on Fcbrti ary y, 2022, the layoffs must become effective on or before.before.1 cu tic 4,, 202 Copies of the official, signed, and issued layoff notices will be required at the 159 FY 2021 SAFER Program NOFO Back tc�„_flie,,,,Tgp, 59 u time of application. • Eligible positions under the Retention category must be employees of the department at the time the application is submitted. Note: if a retention position becomes vacant after the application is submitted, departments must fill the vacancy with a new hire in order to maintain the operational staffing level. • A layoff notice that is not executed within the specified terms will be considered void (unless an additional notice is provided within 14 days of the original action date) and will not qualify for funding in the Rehire or Retention categories. Applicants who do not meet these parameters must apply under the New Hire category. • Any layoff action not executed in accordance with the terms of the official layoff notice, or which does not meet the above requirements will not qualify for funding in the Rehire or Retention categories. Applicants who do not meet these parameters must apply under the New Hire category. EMa o • The salaries and benefits of full-time firefighters who are employees at the time of grant award(except under the Retention category) are ineligible to be funded under this grant. • Job-sharing positions (e.g., utilizing more than one person to fill a full-time SAFER Program-funded position) are ineligible. • The SAFER Program may not be used to fund promotions (e.g., to pay a current member a higher salary by placing him/her in a new SAFER Program-funded position). • Pre-application costs, such as grant writer fees, administrative costs (e.g., physicals/medical exams, background checks, etc.), and indirect costs associated with hiring firefighters are ineligible. • Costs to train and equip firefighters (e.g., PPE/Turnout Gear) are ineligible (this does not include the salaries and benefits of firefighters hired under the SAFER Program while they are engaged in training). • Costs for additional benefits such as uniform allowances, education stipends, meal allowance, etc., that are not contractually obligated, included as part of the standard benefits package for all employees, and reimbursed via payroll are ineligible. • Costs of annual physicals/medical exams are ineligible. • Overtime costs (including overtime for holdovers, extra shifts, to attend training, etc.) are ineligible (except as noted in "eligible costs" above). • M&A costs. • Indirect costs. Eligibility Requirements: • Applicants must correlate the activities for which funding is requested and the identified recruitment or retention problems or issues to be addressed. FEMA will not fund a budget line item if an applicant does not provide sufficient information detailing how it will enhance recruitment and retention. Allowable costs may be limited to reasonable amounts, as determined by FEMA. 160 FY 2021 SAFER Program NOFO Back tc�„_flie,,,,Tgp, 60 • Applicants who propose to focus on retention of volunteers will receive equal consideration as applicants focusing on recruitment of volunteers. A focus on retention may include providing incentives for volunteer firefighter members to continue service in a fire department. • SAFER Program grant funds may only be used for volunteer firefighters who are involved with, or trained in, the operations of firefighting and emergency response. • FEMA recommends that departments consult their AHJ or the department's legal counsel to understand the full legal and financial implications involved with implementing or sustaining programs that offer benefits or financial awards to firefighters (e.g., stipends, Length of Service Award Program [LOSAP]/Retirement Program). • All grant-related purchases and activities must be incurred, received, and completed within the period of performance. The period of coverage and/or service delivery on all contracts and agreements may not begin prior to or extend beyond the period of performance of the grant. FEMA may permit pro-rated costs to be charged to the grant for training courses that begin during the period of performance but end after the period of performance ends. • All funded activities under the R&R Activity must be governed by formally adopted Standard Operating Procedures (SOPS). Minimally, these SOPS should specify who qualifies for each of the incentives, specific requirements for earning the incentives, and the disposition of the awarded incentives if an individual fails to fulfill the stipulations. FEMA may ask for copies of SOPS prior to, or after being awarded. High Priority: • Costs to support a staffing needs assessment identifying the operational staff and support that are required to carry out fire department responsibilities safely and effectively (e.g., supplies for data collection, contractors or personnel to collect and analyze data, software programs, etc.). o Note: If a staffing needs assessment is requested and the application is selected for funding, the staffing needs assessment will be the only activity that will be funded. • Costs to support a R&R Coordinator, a Program Manager, and/or a Grant Administrator(including reasonable salary, fringe benefits, contract support, supplies, travel, etc.). Note: computers for these positions are low priority items. • Marketing Program to recruit new volunteer firefighters, such as: o Media advertising (e.g., television, radio, social media); o Print advertising (e.g., newspapers, billboards, signs, banners, brochures, flyers); and, o LED/electronic sign. Note: this is a high priority item only when included as part of a comprehensive marketing program. Only one LED/electronic sign is allowed per applicant and 75% of usage must be dedicated to R&R activities — additional restrictions apply (for details see Section F.5.c.: Environmental Planning and Historic Preservation EHP Com fiance of this NOFO . 161 FY 2021 SAFER Program NOFO 113ack to t;;�z ,,,,,Tgp, 61 o Note: If requesting funds to recruit new members, a marketing plan must be in place or the application must show a marketing plan will be implemented either with grant funds (requested as a line item) or that the applicant will implement a marketing plan using existing department resources. • New Member Costs. Only one entry-level physical per new recruit. Physicals for existing members are not eligible. All grant-funded physicals (except those for explorers/cadets) must meet NFPA 1582 standards (Chapter 6, Medical Evaluations of Candidates 6.1, and Chapter 9, Essential Job Tasks —Specific Evaluation of Medical Conditions in Members). The cost of physicals should be based on local physician or health center prices. Detailed information on implementing NFPA 1582 physicals can be found at https://www.fstaresearch.oW/roadinap. o Note: annual physicals are only eligible if the applicant is also requesting grant funds to provide NFPA 1582 entry-level physicals for new recruits; annual physicals are only eligible for the same new recruits. Physicals or annual exams for any other members are not eligible. o Only actual costs for physicals are allowed and will be paid on a reimbursable basis. To receive reimbursement, recipients must provide invoices/proof of payment(e.g., canceled checks, bank statements, electronic funds transfers) to support the cost for physicals. • New recruit basic training that is not covered under a department's normal operating budget, and as required by the AHJ to meet minimum firefighter certification (e.g., cardiopulmonary resuscitation (CPR), First Responder, EMT, FF1, 17172). o Reimbursement to members for lost wages, mileage/transportation, lodging, and/or per diem while attending required basic training is also eligible. o Note: costs for mileage/transportation, lodging, and per diem must comply with the department's written travel policies and procedures. If policies are not established, costs will only be reimbursed at the federal government rate. • Leadership/career development training when used as a retention incentive that is not covered under a department's normal operating budget. o Reimbursement to members for lost wages, mileage/transportation, lodging and/or meals while attending leadership/career development training or conferences are also eligible. o Note: costs for mileage/transportation, lodging and meals must comply with the department's written travel policies and procedures. If policies are not established, costs will only be reimbursed at the federal government rate. o Courses must provide Continuing Education Units (CEU) or certificates of completion to be eligible. To receive reimbursement, recipients must provide documentation of the CEUs or the certificates of completion. • Instructor/train-the-trainer training that is not covered under a department's normal operating budget. o Reimbursement to members for lost wages, mileage/transportation, lodging, and/or per diem while attending instructor/train-the-trainer training are also eligible. 162 FY 2021 SAFER Program NOFO 113ack tc�„_flie,,,,Tgp, 62 o Note: costs for mileage/transportation, lodging, and per diem must c7rate. the department's written travel policies and procedures. If policies ar established, costs will only be reimbursed at the federal government • Tuition assistance for higher education (including books, lab fees and student fees). o Coursework or certifications in this category should be more advanced than what departments typically fund for required minimum-staffing requirements. o Courses are not limited to firefighter training or education. o Only tuition payments for classes offered and taken during the period of performance are allowable. o Computers for individual students are not eligible for funding. o Payments for student loans are not eligible for funding. o Allowable costs may be limited to reasonable amounts, as determined by FEMA. o Actual costs will be paid on a reimbursable basis. To receive reimbursement, students must successfully complete all classes. • PPE/Turnout Gear. o PPE may only be funded for new firefighters that join the department after the date of grant award, that successfully pass an NFPA 1582-compliant physical, and that are certified as "fit for duty."PPE purchased with SAFER Program funding must be utilized by adequately trained staff. o Funds are available to acquire Occupational Safety and Health Administration (OSHA)-required and NFPA-compliant PPE for firefighting personnel_ In addition, PPE must meet any national or state standards and increase firefighter safety. Failure to meet these requirements may result in ineligibility for PPE funding. Copies of NFPA standards may be reviewed at hqp://www.nfpa.org/freeaccess, o Only actual costs for PPE are allowed and will be paid on a reimbursable basis. o Allowable costs may be limited to reasonable amounts, as determined by FEMA. o To receive reimbursement, recipients must provide the following documentation to support the purchase of PPE: ■ Invoices/proof of payment(e.g., canceled checks, bank statements, electronic funds transfers) for PPE. ■ Proof that the firefighter(s) have passed an NFPA 1582-compliant physical and are certified as "fit for duty." o Eligible PPE Expenditures: ■ Only one set of PPE for structural or wildland firefighting per each new recruit. ■ The SAFER Program considers a complete set of structural PPE to be comprised of one self-contained breathing apparatus (SCBA) mask/face piece, one pair of pants, one coat, one helmet, two hoods, one pair of boots, two pairs of gloves, one pair of suspenders, and one pair of goggles. In those jurisdictions where additional PPE, like Personal Safety/Rescue Bailout Systems are statutorily required, the SAFER 163 FY 2021 SAFER Program NOFO 113ack tc�„_flie,,,,Tgp, 63 Program will consider all statutorily required items to be part of a complete PPE set. ■ The SAFER Program considers a complete set of wildland PPE to be comprised of one pair of pants, one coat, one jumpsuit, one helmet, one pair of boots, one pair of gloves, one pair of suspenders, one pair of goggles, one fire shelter, one web gear, one backpack, and one canteen/hydration system. ■ American National Standards Institute-approved retro-reflective highway apparel. ■ PPE gear bags. Medium Priority: _ • Nominal stipends, as defined under Appendix B —Programmatic Information and Priorities, subsection b. Supporting Definitions for this NOFO, for volunteer firefighters who are involved with, or trained in, the operations of firefighting and emergency response (e.g., Pay-per-Call, Points Based System, etc.). Stipends may only be provided for participation in operational (firefighting) activities, such as duty shifts, operational training, and/or responding to incidents. o Food vouchers may be used for nominal stipends if the Narrative supports their use as an effective recruitment and retention tool for the department. However, food vouchers must be issued through formally adopted SOPS. o Award recipients must maintain records of all food vouchers including firefighter name, amount, date received, and signature of the receiving firefighter. o Gift cards may not be used for nominal stipends. For information on gift cards, see Low Priority—Awards/Incentives below. o Only actual costs for stipends are allowed and will be paid on a reimbursable basis. o Allowable costs may be limited to reasonable amounts as determined by FEMA. o To receive reimbursement, recipients must provide the following documentation to support the stipends: ■ Documentation to show what the department would pay to hire a full- time firefighter to perform the services for which the stipend is provided (e.g., current salary/benefit package from human resources department, data from the U.S. Department of Labor's Bureau of Labor Statistics). ■ Copies of run reports, staffing reports, etc. • Costs to support explorer/cadet, and mentoring programs, such as: o Only one set of station duty uniforms (the SAFER Program considers one set of station duty uniform as one pair of pants, one shirt, one hat, and one pair of boots) for each newly recruited cadet/explorer per the department's documented uniform policy. o Training (Non-Immediate Danger to Life and Health [IDLH]). o One set of structural or wildland PPE as defined above for each new 164 FY 2021 SAFER Program NOFO Back tc�„_flie,,,,Tgp, 64 cadet/explorer that joins the department after the date of grant award72) following two exceptions: 1) SCBA mask/face pieces are not eligibl PPE for explorers/cadets may not be used in an IDLH atmosphere, a physicals for explorers/cadets are not required to meet NFPA 1582. o One introductory physical exam per each newly recruited explorer/cadet. • LOSAP or Retirement Program: o New LOSAP or Retirement Programs (meaning the department has never had a LOSAP or Retirement Program). o Increasing existing LOSAP or Retirement Program coverage to include newly recruited members (FEMA will only fund the increase portion of the program). o Note: FEMA will not fund LOSAP or Retirement Programs that were previously funded by a SAFER Program grant. • Insurance packages (e.g., AD&D, workers compensation, disability, health, dental, life). • Exercise equipment and gym memberships are limited to no more than $10,000 total per grant award. Low Priority: • New Member Costs. Only one set of station duty uniforms (the SAFER Program considers one set of station duty uniforms as one pair of pants, one shirt, one hat, and one pair of boots) for new firefighters that join the department after the date of grant award,per the department's documented uniform policy. o Note: Class A or B uniforms (e.g., Dress Uniforms) and badges are not allowable costs under the SAFER Program. • Costs for advanced training not currently covered under the department's operating budget(e.g., extrication training, specialized equipment training, swift water rescue, etc.). Advanced training requests are only eligible for members who have already met the minimum firefighter certifications required by the AHJ and must closely correlate to the applicant's recruitment and/or retention goals. o Reimbursement to members for lost wages, mileage/transportation, lodging, and/or per diem while attending advanced training are also eligible. o Note: costs for mileage/transportation, lodging, and per diem must comply with the department's written travel policies and procedures. If policies are not established, costs will only be reimbursed at the federal government rate. • Single computer(including monitor, keyboard, mouse) and printer for grant-appointed R&R Coordinator, Program Manager, and/or Grant Administrator. • Awards/Incentive program for participation in operational (firefighting) activities, such as operational training and/or responding to incidents (e.g., length of service plaques, gift cards for top responders, non-uniform clothing). o Non-uniform clothing (limited to a shirt, a jacket, or a pullover) as part of an award program only. ■ Note: Class A or B uniforms (e.g., Dress Uniforms) and badges are not allowable costs under the SAFER Program. o Gift Cards: a logbook for the purchase and issuance of gift cards is required. 165 FY 2021 SAFER Program NOFO Back tc�„_flie,,,,Tgp, 65 NMI u The logbook should include name of recipient, date, amount of card, reason for issuance, and signature of recipient. Gift cards should be issued to operational firefighters who have completed the minimum firefighter training required by the AHJ. • LED/electronic sign when it is not included as part of a comprehensive marketing program. • Fire service association membership fees. • Projector and/or screen to support classroom training. • Payments for housing or rent for volunteers at or near the fire station. • Other costs associated with new recruits (background checks, aptitude tests, etc.). • Station modifications/remodeling/renovation of existing facilities. o Remodeling/renovations to an existing facility are allowable (e.g., converting space into bunkroom) and must correlate to the identified recruitment or retention problems or issues being addressed with the grant. The renovations must be minor interior alterations not to exceed $10,000 total per grant award. o Remodeling/renovations may not change the footprint or profile of the building. o Any request for modifications to facilities may require EHP review (for details see Section F5.a.: Environmental Planning and Historic Preservation (EHP) Com 11 ance of this NOFO). Recipients are encouraged to have completed as many steps as possible for a successful EHP Review in support of their proposal for funding, including coordination with their State Historic Preservation Office to identify potential historic preservation issues and to discuss the potential for project effects, and compliance with all state and EHP laws and requirements. o Written approval must be provided by FEMA prior to the use of any SAFER Program funds for remodeling or renovation. If awarded funds for remodeling or renovation, recipients may be required to submit evidence of approved zoning ordinances, architectural plans, any other locally required planning permits, and a notice of interest. Non-prioritized Costs: • M&A costs up to three percent of the total awarded amount in accordance with 2 C.F.R. Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. M&A costs must be identifiable and directly related to the implementation and management of the SAFER Program grant. Salaries and fringe benefits for personnel directly supporting the grant are not required to be included in the M&A budget line item. • Indirect costs for national, state, local, or federally recognized tribal volunteer firefighter interest organizations that are expended pursuant to Section D: Application and Submission Information. • Up to $1,500 in grant writer fees for application preparation, but not grant administration. The fee must have been paid between the publication date of this NOFO and up to 30 days of the end of the application period and prior to any contact with SAFER Program Office staff or an Offer of Award. For details see ApgLrLdix C — 166 FY 2021 SAFER Program NOFO 113ack tc�„_flie,,,,Tgp, 66 Award Administration Information, subsection b. Grant Writer/Preparation Fees. • Audit costs proportional to the total SAFER Program award. Recipients of multiple federal funding sources can only charge a pro rata share of the audit cost(s) to the SAFER Program award, and they must be incurred during the period of performance. MIT= Ineligible Costs (this list is not exhaustive): • Salary and benefits for firefighters. • Retroactive payments or recognition for operational services rendered prior to the grant award. • Costs incurred (including the delivery of goods or services) outside of the period of performance except for grant writer fees; see Appendix C —Award Administration Information, subsectionb. Grant Writer/Preparation Fees. • Fire suppression equipment. • Vehicles. • Fire simulators, fire evolution, or fire training props (e.g., bum trailers, forcible entry, rescue/smoke maze, flashover simulators). • Supplies, expendables, or "onetime"use items such as foam, fuel/propane, breaching materials (e.g., wood or sheetrock). • Sirens, warning lights for fire department or private vehicles, or other outdoor warning devices. • Communication equipment including cell phones, pagers, portable radios or Computer- Aided Dispatch systems. • Video cameras/recording equipment. • Photographs/Photographer unless part of a marketing contract for recruitment of new members. • Intruder alerting systems and deployment notification systems. • Retroactive payments or recognition for non-operational activities (including payments, gift cards, recruitment bonuses, or stipends for recruiting firefighters). • Payments for travel to or participation in leisure or social activities such as theater tickets, entertainment tickets, and trips (e.g., professional sporting events). • Costs associated with award banquets, such as food, photographers, refreshments, entertainment, or rental facilities. Reimbursement for actual awards (e.g., plaques and trophies) is eligible. • Costs for food or refreshments that are not part of a conference or training hosted by the grant recipient(food vouchers can be requested as a nominal stipend but must be provided only under formally adopted SOPS). • Costs for training currently covered under the department's operating budget(e.g., tuition or instructor fees for department-mandated, basic-level training). • Services at a member's personal residence (e.g., intemet access, plowing of driveways). • Furniture (except for newly converted bunkrooms), televisions, fixtures, appliances (e.g., refrigerators), and entertainment equipment. • "Giveaways" for recruitment events, such as pencils, pens, t-shirts, cups, mugs or balloons. 167 FY 2021 SAFER Program NOFO Back to tlie Tgp ........................................................................................... 67 aman • Fees for courses and training that are available free of charge on the internet or at state/local training facilities (e.g., NIMS 100, 700, 800). • Costs for fuel. Costs for travel to training or other eligible activities are reimbursed through mileage rates. • Medical exams for existing members, R&R Coordinator, Program Manager, and/or Grant Administrator. • Payments for student loans. • Mileage reimbursement for responding to incidents or periodic operational training at the fire house (mileage reimbursement is allowed for other types of training as explained under eligible costs). • Station internet access/user fees and equipment to install internet(such as routers). • Continued funding of an existing (or previously funded through the SAFER Program) LOSAP or Retirement Program. • Computers in common areas or individual computers for training/education. • Copiers/printers. • Incentives for career firefighters within the recipient's fire department. • Ineligible explorer/cadet/mentoring program expenditures: o SCBAs, including masks/face pieces. o Anything involving the IDLH atmosphere. o Any activities precluded by the AHJ. • Ineligible PPE expenditures: o Three-quarter length rubber boots. o SCBAs (not including SCBA masks/face pieces). o PASS Devices. o Spare cylinders. o Bomb disposal suits. o PPE for hazardous materials and other specialized incidents. o More than one set of PPE per newly recruited member(within the period of performance). o PPE for existing members, R&R Coordinator, Program Manager, and/or Grant Administrator. 168 FY 2021 SAFER Program NOFO Back tc�„_flie,,,,Tgp, 68 13.Appendix C —Award Administration Information Appendix C contains detailed information on SAFER Program Award Administration. Reviewing this information may help recipients in the programmatic and financial administration of their award(s) a. Help FEMA Prevent Fraud, Waste, and Abuse If applicants or recipients have information about instances of fraud, waste, abuse, or mismanagement involving FEMA programs or operations, they should contact the DHS Office of Inspector General (OIG) Hotline at(800) 323-8603, by fax at(202) 254-4297, or email HOTLINE(&- of d, hs.�zov. b. Grant Writer/Preparation Fees Fees for grant writers may be included as a pre-award expenditure. For grant writer fees to be eligible as a pre-award expenditure, the services must be competitively sources, specifically identified, and listed within the "Request Details" section of the application and must satisfy the requirements under 2 C.F.R. § 200.458. FEMA will only consider reimbursements for application preparation, not administration, up to $1,500 annually. The allowability of grant writer fees as a pre-award expenditure must be paid between the publication date of this NOFO and up to 30 calendar days after the application period closes. In order for Grant writer fees held either on retainer or subscription basis to be an eligible pre-award cost, the claimed retainer or subscription must have been competitively secured, and the costs are limited to the start of the appropriation period for the underlying award and up to 30 calendar days after the application period closes, and meet the requirements under 2 C.F.R. § 200.458. Fees payable on a contingency basis are not an eligible expense. Pursuant to 2 C.F.R. Part 180, recipients may not use federal grant funds to reimburse any entity, including a grant writer or preparer, if that entity is presently suspended or debarred by the Federal Government from receiving funding under federally-funded grants or contracts. Recipients must verify that the contractor is not suspended or debarred from participating in specified federal procurement or non-procurement transactions pursuant to 2 C.F.R. § 180.300. Prior to submission of the application,please review all work produced by grant writers or other third parties for accuracy.By submitting the application, applicants are certifying all of the information contained therein is true and an accurate reflection of the organization, and that regardless of the applicant's intent, the submission of information that is false or misleading may result in actions by FEMA. These actions include but are not limited to the submitted application not being considered for award, temporary withholding of funding under the existing award pending investigation, or referral to the DHS OIG. The following documentation shall be provided to FEMA upon request: i. A copy of the grant writer's contract for services; ii. A copy of the invoice or purchase order; iii. A copy of the canceled check (front and back); and iv. Evidence that the services were competitively procured. 169 FY 2021 SAFER Program NOFO Back tc�,,,,t__�;z; ,_.,Top 69 Failure to provide the requested documentation may result in the grant writer fee being deemed ineligible and the grant reduced accordingly. Note: FEMA requires that all applicants identify the following as "Application Participants"in the "Contact Information" section of the application: Any individual or organization that assisted with the development,preparation, or review of the application to include drafting or writing the narrative and budget; whether that person, entity, or agent is compensated or not; and whether the assistance took place prior to submitting the application. c. Maintenance and Sustainment The use of FEMA preparedness grant funds for the costs of repairs or replacement, as well as maintenance contracts, warranties, and user fees may be allowable. The intent of eligible Maintenance and Sustainment activities is to provide direct support to the critical capabilities developed using FEMA and other DHS grants and support activities. Routine upkeep and the supplies, expendables, or one-time use items that support routine upkeep (e.g., gasoline, tire replacement, routine oil changes, monthly inspections or grounds and facility maintenance) are the responsibility of the recipient and may not be funded with SAFER Program funding. Generally, when purchasing a maintenance agreement, service contract, or extended warranty for systems or equipment, the period of coverage provided under such a plan may not extend beyond the period of performance of the grant with which the agreement, warranty or contract is purchased. The duration of an extended warranty purchased incidental to the original purchase of the equipment may exceed the period of performance as long as the coverage purchased is consistent with that which is typically provided for, or available through, these types of agreements, warranties, or contracts. When purchasing a stand-alone warranty or extending an existing maintenance contract on an already-owned piece of equipment or system, coverage purchased may not exceed the period of performance of the award used to purchase the maintenance agreement or warranty. As with warranties and maintenance agreements, this policy extends to licenses and user fees as well. Even if purchased incidental to the original purchase of the equipment, the duration of an extended maintenance agreement or warranty must also be reasonable for the type of equipment or system being purchased. For example, if a vendor offers a 10-year extended warranty incidental to the purchase of a piece of equipment, but the useful life of that equipment being purchased is five years, the purchase of a 10-year extended warranty would not be a reasonable cost and may not be charged to the grant. d. Taxes, Fees, Levies, and Assessments Taxes, fees, levies, or assessments that the recipient is legally required to pay and are directly related to any eligible SAFER Program acquisition activity may be charged to a SAFER Program award pursuant to 2 C.F.R. § 200.470. These charges shall be identified and 170 FY 2021 SAFER Program NOFO Back tc�„_flie,,,,Tgp, 70 enumerated in the SAFER Program application narrative, as well as the "Grant Request Details" section of the acquisition activity. Any avoidable and unreasonable costs that result from the action or inaction of a recipient(or recipient's agent) or that prevent that recipient from enjoying any lawful exemption, waiver, or reduction of any tax, fee, levy, or assessment directly related to any eligible SAFER Program acquisition activity are not chargeable to any SAFER Program award. Example: Governmental entities and Public Safety Agencies are exempt from some Federal Communications Commission (FCC) fees*, but only if the eligible organization submits an exemption or waiver request to the FCC. *Government entities are not required to pay FCC regulatory fees. Nonprofit entities (exempt under Section 501 of the Internal Revenue Code) may also be exempt. The FCC requires that any entity claiming exempt status submit, or have on file with the FCC, a valid Internal Revenue Service Determination Letter documenting its nonprofit status, or certification from a governmental authority attesting to its exempt status. For more information,please visit http:11www. e. Excess Funds After completing the initial project(s)proposed in the recipient's application, some recipients may have unexpended funds remaining in their budget. These excess funds may result from any combination of under-budget acquisition activities or competitive procurement processes. These excess funds may be utilized to address an organization's local needs or to mitigate identified capability gaps. FEMA expects excess funds to be obligated concurrent with an award's period of performance to address a known or critical need. An amendment request must be submitted to document the expenditure of excess funds. As a reminder, all costs must be incurred, and all goods and services must be delivered or completed within the period of performance in order to be allowable. f. Payments and Amendments FEMA uses the Direct Deposit/Electronic Funds Transfer method of payment to recipients. SAFER Program payment/drawdown requests are generated using FEMA GO. SAFER Program payment/drawdown requests from state or local government entities will be governed by applicable federal regulations in effect at the time a grant is awarded to the recipient and may be either advances or reimbursements. Recipients should not expend funds until all special conditions listed on the grant award document have been met, including completion of EHP review, and the request for payment in FEMA GO has been approved. Recipients should draw down funds based upon immediate disbursement requirements; however, FEMA strongly encourages recipients to draw down funds as close to disbursement or expenditure as possible to avoid accruing interest. 171 FY 2021 SAFER Program NOFO Back tc�„_flie,,,,Tgp, 71 Non-federal entities should keep detailed records of all transactions involving the grant. FEMA may at any time request copies of any relevant documentation and records, including purchasing documentation along with copies of cancelled checks for verification. See, e.g., 2 C.F.R. §§ 200.318(i), 200.334, 200.337. Advances Recipients shall be paid in advance,provided they maintain or demonstrate the willingness and ability to maintain procedures to minimize the time elapsing between the transfer of funds and disbursement by the recipient(not to exceed 30 days), and the financial management systems that meet the standards for fund control and accountability as established in 2 C.F.R. Part 200. The recipient shall include all applicable source documentation such as invoice(s),purchase orders, contracts, etc., to support the costs associated with the advance SAFER Program payment/drawdown requests. EHP review requirements must be met prior to advanced payments. Although advance drawdown requests are permissible, recipients remain subject to applicable federal laws in effect at the time a grant is awarded to the recipient. Governing interest requirements include the Uniform Administrative Requirements Cost Principles, and Audit Requirements for Federal Awards at 2 C.F.R. Part 200 and the Cash Management Improvement Act(CMIA) and its implementing regulations at 31 C.F.R. Part 205. Interest under CMIA will accrue from the time federal funds are credited to a recipient's account until the time the recipient pays out the funds for program purposes. For the rate to use in calculating interest,please visit Treasury Current Value rate at hops://www.fiscal.treasury.gov/fsreports/rpt/cvfr/cvfr home.htm. Reimbursement Payment by reimbursement is the preferred method when the requirements to be paid in advance,pursuant to 2 C.F.R. § 200.305, cannot be met. In accordance with U.S. Department of Treasury regulations at 31 C.F.R. Part 205, if applicable, the recipient shall maintain procedures to minimize the time elapsing between the transfer of funds and the disbursement of said funds. As a prerequisite of SAFER Program approval for reimbursement requests, recipients shall submit all applicable source documentation, such as payroll records, timecards, contracts, invoices,purchase orders,proof of payment(e.g., cancelled checks, bank statements, electronic funds transfers)to support the costs associated with each payment/drawdown request. Rebates Recipients shall disburse program income, rebates, refunds, contract settlements, audit recoveries, and interest earned on such funds before requesting additional cash payments, in accordance with 2 C.F.R. § 200.305. The reduction of federal financial participation via rebates/refunds may generate excess funds for the recipient if the recipient previously obligated their Cost Share match based upon the original award figures. If the recipient previously obligated their original Cost Share prior to the rebate, then the recipient may have minimum excess funds equal to the difference between the original Cost Share less the rebate-adjusted Cost Share. 172 FY 2021 SAFER Program NOFO 113ack tc�„_flie,,,,Tgp, 72 Payment Requests During Closeout A recipient may only submit reimbursement payment requests up to 120 calendar days after the expiration of the period of performance, during an award's closeout reconciliation per 2 C.F.R. § 200.344. Reimbursement payments are the only eligible type of requests to be submitted after a grant's period of performance has expired. The expenditure must have been obligated and received during the period of performance of the award. The recipient's request should contain clear and specific information certifying that the liquidation of federal funds is reimbursement for an obligation properly incurred during the active period of performance. FEMA may request documentation supporting the reimbursement for review at any time. Amendments FEMA may approve SAFER Program award amendments on a case-by-case basis for the following reasons: • Extension of the period of performance in order to complete the scope of work; • Changes to the activity, mission, retroactive approval (pre-award), closeout issues, and some excess funds requests; • Budget changes (adding funds to award/non-closeout deobligation of funds). FEMA will only consider amendments submitted via FEMA GO. These requests must contain specific and compelling justifications for the requested change. Amendments or changes to the scope of work may require additional EHP review. FEMA strongly encourages recipients to expend grant funds in a timely manner to be consistent with SAFER Program goals and objectives. Note: a recipient may deobligate (e.g., return) unused funds (e.g., those remaining funds previously drawn down via payment request and/or remaining award funding that was never requested) to DHS/FEMA prior to the end of an award's period of performance. To exercise this option, a recipient must submit an amendment via FEMA GO and state in the amendment that the unliquidated funds (e.g., the funds to be returned) are not necessary for the fulfillment or success of the grant's obligations or mission. The recipient must also indicate in the amendment that it understands that the returned funds will be deobligated and unavailable for any future award expenses. Deobligation of funds will decrease the federal portion of the grant and the amount of the recipient's cost share obligation. FEMA will confirm deobligation amendments with all points of contact; after confirmation of the recipient's intent to deobligate, FEMA will hold the approved deobligation request for 14 calendar days as a period for recipient reconsideration before FEMA processes the deobligation request. g. Disposition of Grant Funded Equipment A recipient must use, manage, and dispose of SAFER Program-funded equipment in accordance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards at 2 C.F.R. § 200.313. With the exception of state governments, when original or replacement equipment acquired under a SAFER Program award is no longer needed for the original project, program, or other activities currently or previously supported by a federal awarding agency, the recipient must request disposition 173 FY 2021 SAFER Program NOFO 113ack tc�„_flie,,,,Tgp, 73 instructions from FEMA. FEMA strongly recommends contacting the SAFER Help Desk prior to the disposition of SAFER Program-funded equipment. h. Post Award Recipient Responsibilities Once awarded, recipients under the Hiring Activity must submit a pre-SAFER Program roster listing paid operational/firefighting personnel, in support of NFPA 1710 or NFPA 1720, who are employees at time of award. FEMA compares the pre-SAFER Program roster to names submitted for SAFER Program-funded positions to ensure that the SAFER Program-funded firefighters are new employees (except under the retention category). The SAFER Program Office will work with recipients to establish the correct staffing maintenance numbers, which combine the number of pre-SAFER Program and SAFER Program-funded operational positions. Once this is established, recipients must agree to maintain this number throughout the period of performance by taking active and timely steps to fill any vacancies. Recipients under the Hiring Activity who lay off any operational personnel during the period of performance will be considered in default of their grant and the award will be terminated. In those situations, recipients may be required to return the federal funds disbursed under the grant award. Recipients who are unable, due to documentable economic hardship, to backfill non-SAFER Program operational positions vacated through attrition (e.g., resignation, retirement) after receiving an award may petition FEMA to waive the staffing maintenance requirements. Approved waivers allow recipients to decrease and reestablish the staffing maintenance numbers agreed to at the time of award by the number of positions that recipients are unable to fill. To qualify for this waiver, the economic hardship must affect the entire public safety sector in a recipient's jurisdiction, not just the fire department. FEMA will not grant waivers for SAFER Program-funded positions. Recipients who fail to maintain the required level of staffing risk losing federal funds awarded under this grant. Recipients must agree that, notwithstanding any provision of other laws, firefighters hired under these grants will not be discriminated against or be prohibited from engaging in volunteer firefighting activities in another jurisdiction during off-duty hours. FEMA strongly encourages applicants, to the extent practicable, to seek, recruit and hire military veterans to increase their ranks within their departments. 174 FY 2021 SAFER Program NOFO 113ack tc�„_flie,,,,Tgp, " TOWN OF TROPHY CLUB 3 Trophy Wood I7riv , Trophy(Job, 'TX 76262 1682.237.2900 rrafa>C,=>tres��laya'�rrl�.r7r� � lrea�alry 1r[7,[ao� a To: Mayor and Town Council From: Leticia Vacek, Town Governance Officer/Town Secretary CC: Wade Carroll, Town Manager Re: Ordinance 2022-01 Town Council Meeting,January 25, 2022 Agenda Item: Take appropriate action adopting Ordinance 2022-01 Calling the Town's General Election to Elect 1 Council Member to Place 5 and 1 Council Member to Place 6; for a 3-year term of office for each Place. Strategic Link: Administrative& Financial Services—Provide strong internal and external marketing and communications. The Early Voting Period and Election Day hours will be advertised on the Town's Web Page and the Town Marquees, as well as distributed via social media. Background and Explanation: The Town Council Places are 3-year staggered terms and the candidate that receives a majority of votes is elected. The filing period for a Place on the Ballot ends February 18, 2022 at 5 pm. A Drawing for the Placement of the Candidate Names on the Ballot will be held on February 24, 2022, at 9:30 am. (EOC Room at Town Hall). Financial Considerations: The cost of the election cannot yet be determined as the cost is pro-rated based on the number of entities that participate in the Joint Election. The Counties of Denton and Tarrant will provide election costs after February 18, 2022. The Standard Contract of Election with Denton and Tarrant Counties and associated costs are approved by passage of Ordinance 2022-01. Legal Review: Reviewed and approved by Town Attorney. Staff Recommendation: Recommend adoption of Ordinance 2022-01 Calling the General Election on May 7, 2022; approving contracts with Denton and Tarrant Counties and their respective costs. Attachments: • Ordinance 2022-01 175 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2022-01 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, ORDERING AND CALLING A GENERAL ELECTION FOR THE TOWN OF TROPHY CLUB ("TOWN") TO BE HELD ON MAY 7, 2022 FOR THE PURPOSE OF ELECTING ONE (1) COUNCILMEMBER FOR PLACE NO. 5 AND ONE (1) COUNCILMEMBER FOR PLACE NO. 6, EACH TO SERVE A THREE YEAR TERM ENDING 2025, ON THE TOWN OF TROPHY CLUB TOWN COUNCIL; PROVIDING FOR THE INCORPORATION OF PREMISES; SPECIFYING THE DATE OF ELECTION; SPECIFYING THE PURPOSE OF THE ELECTION; SPECIFYING ELIGIBILITY FOR CANDIDACY; PROVIDING FOR APPLICATION FOR A PLACE ON THE BALLOT; PROVIDING FOR A RUNOFF ELECTION; AUTHORIZING CONTRACTS WITH DENTON COUNTY ELECTIONS AND TARRANT COUNTY ELECTIONS FOR ADMINISTRATION OF THE ELECTION; ESTABLISHING OTHER PROCEDURES FOR CONDUCTING THE ELECTION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 41.001(a) of the Texas Election Code establishes the first Saturday in May as a Uniform Election Date for the purposes of conducting a Joint General Election; and WHEREAS, Section 3.004 of the Texas Election Code provides that the governing body of a municipality shall be the authority to order a Joint General Election; and WHEREAS, the Town Council finds and declares that the meeting at which this Ordinance is considered is open to the public as required by law, and that public notice of the time, place, and purpose of such meeting was given as required by Chapter 551, Texas Government Code, as amended; and WHEREAS, Section 3.005(c) of the Texas Election Code provides that an election ordered by an authority of a municipality shall be ordered not later than the 78th day before Election Day; and WHEREAS, the Town Council desires to and hereby orders a Joint General Election for the purpose of electing one (1) Councilmember for Place No. 5 and one (1) Councilmember for Place No. 6, each for a three (3) year term. NOW, THEREFORE, BE IT ORDAINED BY THE TROPHY CLUB TOWN COUNCIL: 176 SECTION 1. INCORPORATION OF PREMISES All of the above premises are true and correct and are hereby incorporated in the body of this Ordinance as if fully set forth herein. All resident, qualified voters of the Town shall be eligible to vote at the Election. SECTION 2. DATE OF ELECTION It is hereby ordered that a General Election shall be held on May 7, 2022, from 7.00 a.m. to 7.00 p.m. SECTION 3. PURPOSE OF ELECTION The purpose of the General Election is to elect one (1) Councilmember for Place No. 5 and one (1) Councilmember for Place No. 6, each for a three (3) year term, on the Town of Trophy Club Town Council. SECTION 4. ELIGIBILITY FOR CANDIDACY As set forth in Section 141.001 of the Texas Election Code, to be eligible for a public elective office in this state, a person must: 1) be a United States citizen; 2) be 18 years of age or older on the first day of the term to be filled at the election or on the date of appointment, as applicable; 3) have not been determined by a final judgment of a court exercising probate jurisdiction to be: (A) totally mentally incapacitated; or (B) partially mentally incapacitated without the right to vote; 4) have not been finally convicted of a felony from which the person has not been pardoned or otherwise released from the resulting disabilities; 5) have resided continuously in the state for 12 months and in the territory from which the office is elected for six months immediately preceding the following date; (6) be registered to vote in the territory from which the office is elected; and 7) satisfy any other eligibility requirements prescribed by law for the office. Additional requirements are set forth in Article III, Section 3.02, of the Trophy Club Town Charter and are as follows: (a) Each person who becomes a candidate for Mayor or Councilmember shall meet the following qualifications: (1) be at least eighteen (18) years of age on the first day of the form to be filed; (2) be a citizen of the United States; (3) be a qualified voter of the Town; 177 ORD. 2022-01 Page 2 of 8 (4) reside and have resided for at least twelve (12) months preceding the election within the corporate limits of the Town; (5) no candidate may file for more than one office or position number per election; (6) no employee of the Town shall continue in such position after becoming a candidate for a Town elective office; and, (7) if any sitting Councilmember files to become a candidate for another public office, he shall resign his current seat upon filing for the new office. SECTION 5. APPLICATION FOR A PLACE ON THE BALLOT For the purpose of the May 7, 2022 General Election and pursuant to Section 143.007 of the Texas Election Code, any eligible and qualified person may have their name printed upon the official ballot as a candidate for the office stated on their application by filing a sworn application with the Town Secretary not earlier than January 19, 2022 and not later than 5.00 p.m. on February 18, 2022. The order in which the names of the candidates are to be printed on the ballot shall be determined by a drawing by the Town Secretary as provided by Section 52.094 of the Texas Election Code. Notice of the time and place for such drawing shall be given in accordance with Section 52.094 of the Texas Election Code. SECTION 6. RUNOFF ELECTION If no candidate receives a majority of all votes cast for his or her office at such election as required to be lawfully elected, there shall be a runoff election held. The runoff election shall be conducted as required by the Town Charter and the Texas Election Code. Notwithstanding the foregoing, the runoff election date has been set for June 18, 2022. SECTION 7. NOTICE OF ELECTION PUBLICATION Notice of the Election shall be given by posting a notice containing a substantial copy of this Ordinance in both English, Spanish, and Vietnamese at the Town Hall on the bulletin board used for posting notices of the Town Council meetings and by publication of said notice one time in a newspaper of general circulation published within the Town, the date of the publication to be not earlier than the 30th day (April 7, 2022) or later than the 10th day before (April 27, 2022) election day. SECTION 8. ELECTIONS ADMINISTRATION/CONTRACTS 8.1 Denton County. The Denton County Elections Administrator, Frank Phillips, is hereby appointed as Denton County Early Voting Clerk for the Election. Deputy early voting judges/clerks will be appointed as needed to process early voting mail and to conduct early voting. Early voting by mail shall be conducted in conformance with the 178 ORD. 2022-01 Page 3 of 8 requirements of the Code. Ballot applications and ballots voted by mail shall be sent to: Early Voting Clerk, P.O. Box 1720, Denton, Texas 76202. The Elections Administrator and/or the Early Voting Clerk are hereby authorized to appoint the members of the Early Voting Ballot Board and the presiding judge and alternate judge in accordance with the requirements of the Code. Early voting by personal appearance shall be conducted at the times on the dates and at the locations designated on Exhibit "A" hereto. The main early voting polling place is hereby designated to be Denton County Elections Administration, 701 Kimberly Drive, Suite A101, Denton, Texas 76208. Early voting shall be conducted by the Early Voting Clerk, at the main early voting polling location listed above, and at the locations designated on Exhibit "A" hereto; such locations may be changed or additional early voting locations may be added by the Denton County Elections Administrator, without further action of the Town Council, as is necessary for the proper conduct of the Election. 8.2 Tarrant County. The Tarrant County Elections Administrator, Heider Garcia, is hereby appointed as Tarrant County Early Voting Clerk for the Election. Deputy early voting judges/clerks will be appointed as needed to process early voting mail and to conduct early voting. Early voting by mail shall be conducted in conformance with the requirements of the Code. Ballot applications and ballots voted by mail shall be sent to: Early Voting Clerk, P.O. Box 961011, Fort Worth, Texas 761 61-001 1. The Elections Administrator and/or the Early Voting Clerk are hereby authorized to appoint the members of the Early Voting Ballot Board, the presiding judge and alternate judge in accordance with the requirements of the Code. Early voting by personal appearance shall be conducted at the times on the dates and at the locations designated on Exhibit "A" hereto. The main early voting polling place is hereby designated to be Tarrant County Elections Center, 2700 Premier Street, Fort Worth, Texas 761 1 1-301 1. Early voting shall be conducted by the Early Voting Clerk, at the main early voting polling location listed above, and at the locations designated on Exhibit "A" hereto; such locations may be changed or additional early voting locations may be added by the Tarrant County Elections Administrator, without further action of the Town Council, as is necessary for the proper conduct of the Election. 8.3 Since the Town of Trophy Club is located in both Denton County and Tarrant County, the Mayor, or Town Secretary, is authorized to execute the necessary contracts for the administration of the May 7, 2022 General Election to the extent required for the Election to be conducted in an efficient and legal manner as determined by the Denton County Election and/or Tarrant County Election Administrators. Upon approval by the Town Council, the Joint Election Agreements between the Town and Denton County and Tarrant County Election Offices shall be approved and incorporated herein by reference as Exhibits"B". 179 ORD. 2022-01 Page 4 of 8 SECTION 9. CANVASS OF ELECTION Pursuant to Section 67.002 of the Texas Election Code, the Town Council will canvass the Election not earlier than May 10, 2022, and not later than May 18, 2022. Notice of the time and place for canvass shall be posted on the official bulletin board in the same manner as required by the Open Meetings Act for other Town Council meetings in accordance with the Chapter 551 of the Local Government Code. SECTION 10. VOTING RIGHTS ACT The Mayor and the Town Secretary of the Town, in consultation with the Town Attorney, are hereby authorized and directed to take any and all actions necessary to comply with the provisions of the Code and the Federal Voting Rights Act in carrying out and conducting the Election, whether or not expressly authorized herein. SECTION 11. SEVERABILITY It is hereby declared to be the intent of the Trophy Club Town Council that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this Ordinance, since the same would have been enacted by the Town Council without incorporation of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 12. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance as required by the Town Charter. SECTION 13. EFFECTIVE DATE This Ordinance shall take effect immediately upon adoption. 180 ORD. 2022-01 Page 5 of 8 PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 25th day of January 2022. Alicia L. Fleury, Mayor [SEAL] ATTEST: Leticia Vacek, TRMC/CMC/MMC Town Governance Officer/Town Secretary APPROVED TO AS FORM- J. David Dodd III, Town Attorney 181 ORD. 2022-01 Page 6 of 8 EXHIBIT "A" NOTICE FOR EARLY VOTING Incorporated By Reference Trophy Club Denton County voters may only vote at the early voting polling locations as designated and maintained by Denton County throughout the County. Trophy Club Tarrant County voters may only vote at the early voting polling locations as designated and maintained by Tarrant County throughout the County. DENTON COUNTY *Early voting by personal appearance will be conducted at: Days and Hours designated by Denton County: Monday, April 25 8.00 a.m. to 5.00 p.m. Tuesday, April 26 8.00 a.m. to 5.00 p.m. Wednesday, April 27 8.00 a.m. to 5.00 p.m. Thursday, April 28 8.00 a.m. to 5.00 p.m. Friday, April 29 8.00 a.m. to 5.00 p.m. Saturday, April 30 8.00 a.m. to 5.00 p.m. Sunday, May 1 11.00 a.m.to 5.00 p.m. Monday, May 2 7.00 a.m. to 7.00 p.m. Tuesday, May 3 7:00 a.m. to 7:00 p.m. *Subject to change by Denton County TENTATIVE TARRANT COUNTY *Early voting by personal appearance will be conducted at: Days and Hours designated by Tarrant County: Monday, April 25 8.00 a.m. to 5.00 p.m. Tuesday, April 26 8.00 a.m. to 5.00 p.m. Wednesday, April 27 8.00 a.m. to 5.00 p.m. Thursday, April 28 8.00 a.m. to 5.00 p.m. Friday, April 29 8.00 a.m. to 5.00 p.m. Saturday, April 30 7.00 a.m. to 7.00 p.m. Sunday, May 1 11.00 a.m.to 4.00 p.m. Monday, May 2 7.00 a.m. to 7.00 p.m. Tuesday, May 3 7:00 a.m. to 7:00 p.m. *Subject to change by Tarrant County 182 ORD. 2022-01 Page 7 of 8 EXHIBIT "B" JOINT ELECTION AGREEMENT BETWEEN THE TOWN OF TROPHY CLUB, TEXAS and DENTON COUNTY ELECTIONS AND EXHIBIT "B" JOINT ELECTION AGREEMENT (AWAITING CONTRACT) BETWEEN THE TOWN OF TROPHY CLUB, TEXAS and TARRANT COUNTY ELECTIONS Incorporated By Reference 183 ORD. 2022-01 Page 8 of 8 THE STATE OF TEXAS COUNTY OF DENTON JOINT ELECTION AGREEMENT AND CONTRACT FOR ELECTION SERVICES This CONTRACT for election services is made by and between the Denton County Elections Administrator and the following political subdivisions,herein referred to as"participating authority or participating authorities"located entirely or partially inside the boundaries of Denton County: Participating Authorities: [entities] This contract is made pursuant to Texas Election Code Sections 31.092 and 271,002 and Texas Education Code Section 11.0581 for a joint May 7,2022 election to be administered by Frank Phillips,Denton County Elections Administrator,hereinafter referred to as"Elections Administrator," RECITALS Each participating authority listed above plans to hold a General or Special Election on May 7, 2022.Denton County plans to hold county-wide voting for this General Election. The County owns the Hart InterCivic Verity Voting System,which has been duly approved by the Secretary of State pursuant to Texas Election Code Chapter 122 as amended,and is compliant with the accessibility requirements for persons with disabilities set forth by Texas Election Code Section 61.012. The contracting political subdivisions(participating authorities) desire to use the County's voting system and to compensate the County for such use and to share in certain other expenses connected with joint elections,in accordance with the applicable provisions of Chapters 31 and 271 of the Texas Election Code,as amended. NOW THEREFORE, in consideration of the mutual covenants,agreements,and benefits to all parties,IT IS AGREED as follows: I.ADMINISTRATION The participating authorities agree to hold a"Joint Election"with Denton County and each other in accordance with Chapter 271 of the Texas Election Code and this agreement. The Elections Administrator shall coordinate,supervise,and handle all aspects of administering the Joint Election as provided in this agreement. Each participating authority agrees to pay the Elections Administrator for equipment,supplies,services,and administrative costs as provided in this agreement.The Elections Administrator shall serve as the administrator for the Joint Election; however,each participating authority shall remain responsible for the decisions and actions of its officers necessary for the lawful conduct of its election.The Elections Administrator shall provide advisory services in connection with decisions to be made and actions to be taken by the officers of each participating authority as necessary. 184 It is understood that other political subdivisions may wish to participate in the use of the County's Verity voting system and polling places,and it is agreed that the Elections Administrator may enter into other contracts for election services for those purposes,on terms and conditions generally similar to those set forth in this contract.In such cases,costs shall be pro-rated among the participants according to Section XI of this contract. H.LEGAL DOCUMENTS Each participating authority shall be responsible for the preparation,adoption,and publication of all required election orders,resolutions,notices,and any other pertinent documents required by the Texas Election Code and/or the participating authority's governing body, charter,or ordinances, except that the Elections Administrator shall be responsible for the preparation and publication of all voting equipment testing notices that are required by the Texas Election Code. Election orders should include language that would not necessitate amending the order if any of the Early Voting and/or Election Day polling places change. Preparation of the necessary materials for notices and the official ballot shall be the responsibility of each participating authority,including translation to languages other than English. Each participating authority shall provide a copy of their respective election orders and notices to the Elections Administrator. III. VOTING LOCATIONS The Elections Administrator shall select and arrange for the use of and payment for all Early Voting and Election Day voting locations.Voting locations will be,whenever possible,the usual voting location for each election precinct in elections conducted by each participating authority, and shall be compliant with the accessibility requirements established by Election Code Section 43.034 and the Americans with Disabilities Act(ADA). The proposed voting locations are listed in Exhibit A of this agreement. In the event a voting location is not available or appropriate,the Elections Administrator will arrange for use of an alternate location.The Elections Administrator shall notify the participating authorities of any changes from the locations listed in Exhibit A. IV.ELECTION JUDGES,CLERKS,AND OTHER ELECTION PERSONNEL Denton County shall be responsible for the appointment of the presiding judge and alternate judge for each polling location. The Elections Administrator shall make emergency appointments of election officials if necessary. Upon request by the Elections Administrator,each participating authority agrees to assist in recruiting bilingual polling place officials(fluent in both English and Spanish).In compliance with the Federal Voting Rights Act of 1965,as amended,each polling place containing more than 5%Hispanic population as determined by the 2020 Census shall have one or more election officials who are fluent in both the English and Spanish languages.If a presiding judge is not bilingual,and is unable to appoint a bilingual clerk,the Elections Administrator may recommend a bilingual worker for the polling place. If the Elections Administrator is unable to recommend or recruit a bilingual worker,the participating authority or authorities served by that polling 185 place shall be responsible for recruiting a bilingual worker for translation services at that polling place. The Elections Administrator shall notify all election judges of the eligibility requirements of Subchapter C of Chapter 32 of the Texas Election Code,and will take the necessary steps to insure that all election judges appointed for the Joint Election are eligible to serve. The Elections Administrator shall arrange for the training and compensation of all election judges and clerks.The Election judges and clerks who attend in-person voting equipment training and/or procedures training,shall be compensated at the rate of$13 an hour. Election judges and clerks that elect to complete online training shall be compensated as a rate of a flat $40. In the event that as Election judge or clerk completes both in-person and online training, they shall be compensated for the training resulting in the highest pay and will not be compensated for both trainings. The Elections Administrator shall arrange for the date,time,and place for presiding election judges to pick up their election supplies. Each presiding election judge will be sent a letter from the Elections Administrator notifying them of their appointment,the dates/times and locations of training and distribution of election supplies,and the number of election clerks that the presiding judge may appoint. Each election judge and clerk will receive compensation at the hourly rate established by Denton County pursuant to Texas Election Code Section 32.091 and overtime after 40 hours worked per week,if applicable. The election judge,or their designee,will receive an additional sum of $25.00 for picking up the election supplies and equipment prior to Election Day and for returning the supplies and equipment to the central counting station after the polls close. Likewise,the Lead Clerk in Early Voting,or their designee,will receive an additional sum of$25.00 for picking up the election supplies prior to the first day of Early Voting and for returning the supplies and equipment to the Elections Department after Early Voting has ended. The compensation rates established by Denton County are: Early Voting—Presiding Judge($15/hour),Alternate Judge($14/hour),Clerk($13/hour) Election Day—Presiding Judge($15/hour),Alternate Judge($14/hour),Clerk($13/hour) The Elections Administrator may employ other personnel necessary for the proper administration of the election,as well as,pre and post-election administration. In such cases,costs shall be pro- rated among participants of this contract. Personnel working in support of full-time staff will be expensed on a pro-rated basis and include a time period of one week prior to the election;during the election,and one week post-election. Personnel working in support of the Early Voting Ballot Board and/or central counting station on election night will be compensated at the hourly rate set by Denton County in accordance with Election Code Sections 87.005, 127.004,and 127.006. 186 If elections staff is required outside of the hours of the office's normal scope of business,the entity(ies)responsible for the hours will be billed for those hours.The Elections Administrator will determine when those hours are necessary,the number of staff and whom are necessary, along with to whom the hours are to be billed.Cost for these hours will be billed at a rate of 1.5 times the staffs hourly rate(See Sections XV#10).The Election Administrator has the right to waive these costs as they see fit. V.PREPARATION OF SUPPLIES AND VOTING EQUIPMENT The Elections Administrator shall arrange for delivery of all election supplies and voting equipment including,but not limited to,the County's Verity voting system and equipment, official ballot paper,sample ballots,voter registration lists,and all forms,signs,maps and other materials used by the election judges at the voting locations.The Elections Administrator shall ensure availability of tables and chairs at each polling place and shall procure rented tables and chairs for those polling places that do not have tables and/or chairs. Any additional required materials(required by the Texas Election Code)must be provided by the participating authority, and delivered to the Elections Office thirty-three(33)calendar days(April 4,2022)prior to Election Day. If this deadline is not met,the material must be delivered by the participating authority,to all Early Voting and Election Day locations affected,prior to voting commencing. The Elections Administrator shall be responsible for conducting all required testing of the voting equipment,as required by Chapters 127 and 129 of the Texas Election Code. At each polling location,joint participants shall share voting equipment and supplies to the extent possible.The participating authorities shall share a mutual ballot in those precincts where jurisdictions overlap. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not overlap.The Elections Administrator shall provide the necessary voter registration information,maps,instructions,and other information needed to enable the election judges in the voting locations that have more than one ballot style to conduct a proper election. Each participating authority shall furnish the Elections Administrator a list of candidates and/or propositions showing the order and the exact manner in which the candidate names and/or proposition(s)are to appear on the official ballot(including titles and text in each language in which the authority's ballot is to be printed). Said list must be provided to the Elections Office within three(3)business days following the last day to file for a place on the ballot or after the election is ordered,whichever is later. The list must be in a Word document,the information must be in an sentence case format,be in Arial 12 point font,and must contain candidate contact information for the purposes of verifying the pronunciation of each candidate's name. Each participating authority shall be responsible for proofreading and approving the ballot insofar as it pertains to that authority's candidates and/or propositions. Each participating authority shall be responsible for proofing and approving the audio recording of the ballot insofar as it pertains to that authority's candidates and/or propositions.The approval must be finalized with the Elections Office within five(5)calendar days of the receipt of the proofs,or the provided proofs shall be considered approved. The joint election ballots shall list the County's election first.The joint election ballots that contain ballot content for more than one joint participant because of overlapping territory shall 187 be arranged with the appropriate school district ballot content appearing on the ballot following the County's election,followed by the appropriate city ballot content,and followed by the appropriate water district or special district ballot content. Early Voting by personal appearance and on Election Day shall be conducted exclusively on Denton County's Verity voting system including provisional ballots. The Elections Administrator shall be responsible for the preparation,testing,and delivery of the voting equipment for the election as required by the Election Code. The Elections Administrator shall conduct criminal background checks on the relevant employees upon hiring as required by Election Code 129.051(g). VI.EARLY VOTING The participating authorities agree to conduct joint early voting and to appoint the Election Administrator as the Early Voting Clerk in accordance with Sections 31.097 and 271.006 of the Texas Election Code.Each participating authority agrees to appoint the Elections Administrator's permanent county employees as deputy early voting clerks. The participating authorities further agree that the Elections Administrator may appoint other deputy early voting clerks to assist in the conduct of early voting as necessary,and that these additional deputy early voting clerks shall be compensated at an hourly rate set by Denton County pursuant to Section 83.052 of the Texas Election Code.Deputy early voting clerks who are permanent employees of the Denton County Elections Administrator or any participating authorities shall serve in that capacity without additional compensation. Exhibit A of this document includes locations,dates,and times that voting will be held for Early Voting by personal appearance. Any qualified voter of the Joint Election may vote early by personal appearance at any one of the joint early voting locations.All requests for temporary branch polling places will be considered,and determined based on the availability of facility and if it is within the Election Code parameters.All costs for temporary locations including coverage by Election Administration staff will be borne by the requesting authority.The Elections Administrator will determine when those hours are necessary,the number of staff and whom are necessary,along with to whom the hours are to be billed.Cost for these hours will be billed at a rate of 1.5 times the staff s hourly rate(See Sections XV 410).The Election Administrator has the right to waive these costs as they see fit. The standard dates and hours for the May 7,2022 election will be as follows: Monday,April 25,2022 through Saturday,April 30,2022; Sam—5pm Sunday,May 1,2022; 11 am-5pm Monday,May 2,2022 through Tuesday,May 3,2022;7am-7pm. As Early Voting Clerk,the Elections Administrator shall receive applications for early voting ballots to be voted by mail in accordance with Chapters 31 and 86 of the Texas Election Code. Any requests for early voting ballots to be voted by mail received by the participating authorities 188 shall be forwarded immediately by fax or courier to the Elections Administrator for processing. The address of the Early Voting Clerk is as follows: Frank Phillips,Early Voting Clerk Denton County Elections PO Box 1720 Denton,TX 76202 Email: elections@dentoncounty.gov Any requests for early voting ballots to be voted by mail,and the subsequent actual voted ballots that are sent by a contract carrier(ie. UPS,FedEx,etc.)shall be delivered to the Early Voting Clerk at the Denton County Elections Department physical address as follows: Frank Phillips,Early Voting Clerk Denton County Elections 701 Kimberly Drive,Suite A 10 1 Denton,TX 76208 Email: elections@dentoncounty.gov The Elections Administrator shall post on the county website,the participating authority's Early Voting Roster on a daily basis. In accordance with Section 87.121 of the Election Code,the daily roster showing the previous day's early voting activity will be posted no later than 11:00 am each business day. VII. EARLY VOTING BALLOT BOARD Denton County shall appoint the Presiding Judge of an Early Voting Ballot Board(EVBB)to process early voting results from the Joint Election.The Presiding Judge,with the assistance of the Elections Administrator,shall appoint an Alternate Presiding Judge and one or more additional members to constitute the EVBB. The Elections Administrator shall determine the number of EVBB members required to efficiently process the early voting ballots. VIII. CENTRAL COUNTING STATION AND ELECTION RETURNS The Elections Administrator shall be responsible for establishing and operating the central counting station to receive and tabulate the voted ballots in accordance with the provisions of the Texas Election Code and of this agreement. The participating authorities hereby,in accordance with Section 127.002, 127.003,and 127.005 of the Texas Election Code,appoint the following central counting station officials: Counting Station Manager:Brandy Grimes,Deputy Elections Administrator Tabulation Supervisor: Jason Slonaker,Technology Resources Coordinator Presiding Judge: Early Voting Ballot Board Judge Alternate Judge: Early Voting Ballot Board Alternate Judge 189 The counting station manager or their representative shall deliver timely cumulative reports of the election results as precincts report to the central counting station and are tabulated by posting on the Election Administrator's Election Night Results website. The manager shall be responsible for releasing unofficial cumulative totals and precinct returns from the election to the joint participants,candidates,press,and general public by distribution of hard copies at the central counting station(if requested)and by posting to the Election Administrator's Election Night Results website.To ensure the accuracy of reported election returns,results printed on the reports produced by Denton County's voting equipment will not be released to the participating authorities at the remote collection locations or from individual polling locations. The Elections Administrator will prepare the unofficial canvass reports after all precincts have been counted,and will deliver a copy of the unofficial canvass to each participating authority as soon as possible after all returns have been tabulated. The Elections Administrator will include the tabulation and precinct-by-precinct results that are required by Texas Election Code Section 67.004 for the participating authorities to conduct their respective canvasses. Each participating authority shall be responsible for the official canvass of its respective election(s),and shall notify the Elections Administrator,or their designee,of the date of the canvass,no later than three days after Election Day. The Elections Administrator shall be responsible for conducting the post-election manual recount required by Section 127.201 of the Texas Election Code unless a waiver is granted by the Secretary of State.Notification and copies of the recount,if waiver is denied,will be provided to each participating authority and the Secretary of State's Office. IX.PARTICIPATING AUTHORITIES WITH TERRITORY OUTSIDE DENTON COUNTY Each participating authority with territory containing population outside of Denton County agrees that they Elections Administrator shall administer only the Denton County portion of those elections. X.RUNOFF ELECTIONS Each participating authority shall have the option of extending the terms of this agreement through its runoff election,if applicable. In the event of such runoff election,the terms of this agreement shall automatically extend unless the participating authority notifies the Elections Administrator in writing within three(3)business days of the original election. Each participating authority shall reserve the right to reduce the number of early voting locations and/or Election Day voting locations in a runoff election. Each participating authority eligible to hold runoff elections agrees that the date of the runoff election,if necessary,shall be Saturday,June 18,2022,with early voting being held in accordance with the Election Code. XI.ELECTION EXPENSES AND ALLOCATION OF COSTS 190 The participating authorities agree to share the costs of administering the Joint Election. Allocation of general expenses,which are not directly attributable to an individual polling location,will be expensed by each participating authority's percentage of registered voters of the total registered voters of all participating authorities. Expenses for Early Voting by personal appearance shall be allocated based upon the actual costs associated with each early voting location.Each participating authority shall be responsible for an equal portion of the actual costs associated with the early voting locations within their jurisdiction.Participating authorities that do not have a polling location within their jurisdiction shall pay an equal portion of the nearest polling location. Election Day location expenses will be allocated based on each participating authority's percentage of registered voters assigned to each polling place. If a participating authority's election is conducted at more than one Election Day polling location there shall be no charges or fees allocated to the participating authority for the cost of the Election Day polling location in which the authority has fewer than 50°%of the total registered voters served by that polling location,except that if the number of registered voters in all of the authority's polling locations is less than the 50%threshold,the participating authority shall share the expenses,based on their percentage of registered voters,of the polling location at which it has the greatest number of registered voters. In the event that participating authorities with overlapping boundaries cannot make an agreement on Early Voting and/or Election Day locations,the requesting participating authority agrees to bear the entire expense of the location. Each participating authority requesting additional hours,outside of the standard hours,for a location or locations,agree to split the cost of the additional open hours equally amongst the requesting participating authorities. Costs for Early Voting by mail,in-person ballots,provisional ballots,and Poll Pad paper shall be allocated according to the actual number of ballots issued to each participating authority's voters and the cost shared equally amongst participating authorities of each ballot style. Each participating authority agrees to pay the Elections Administrator an administrative fee equal to ten percent(10%)of its total billable costs in accordance with Section 31.100(d)of the Texas Election Code. The Denton County Elections Administrator shall deposit all funds payable under this contract into the appropriate fund(s)within the county treasury in accordance with Election Code Section 31.100. The Denton County Elections Administrator reserves the right to adjust the above formulas in agreement with an individual jurisdiction if the above formula results in a cost allocation that is inequitable. 191 If any participating authority makes a special request for extra Temporary Branch Early Voting by Personal Appearance locations as provided by the Texas Election Code,that entity agrees to pay the entire cost for that request. Participating authorities having the majority of their voters in another county,and fewer than 500 registered voters in Denton County,and that do not have an Election Day polling place or early voting location within their Denton County territory shall pay a flat fee of$400 for election expenses. Election expenses,including but not limited to,overtime charges for Election Office staff,and any unforeseen expenses needed to conduct the election,will be borne by the participating authority or authorities,affected. XII. WITHDRAWAL FROM CONTRACT DUE TO CANCELLATION OF ELECTION Any participating authority may withdraw from this agreement and the Joint Election should it cancel its election in accordance with Sections 2.051 -2.053 of the Texas Election Code. The withdrawing authority is fully liable for any expenses incurred by the Denton County Elections Administrator on behalf of the authority plus an administrative fee of ten percent(10%)of such expenses. Any monies deposited with the Elections Administrator by the withdrawing authority shall be refunded,minus the aforementioned expenses and administrative fees,if applicable. It is agreed that any of the joint election early voting locations that are not within the boundaries of one or more of the remaining participating authorities,with the exception of the early voting location at the Denton County Elections Building,may be dropped from the joint election unless one or more of the remaining participating authorities agreed to fully fund such location(s). In the event that any early voting location is eliminated under this section,as addendum to the contract shall be provided to the remaining participants within five days after notification of all intents to withdraw have been received by the Elections Administrator. XIII. RECORDS OF THE ELECTION The Elections Administrator is hereby appointed general custodian of the voted ballots and all records of the Joint Election as authorized by Section 271.010 of the Texas Election Code. Access to the election records shall be available to each participating authority as well as to the public in accordance with applicable provisions of the Texas Election Code and the Texas Public Information Act. The election records shall be stored at the offices of the Elections Administrator or at an alternate facility used for storage of county records. The Elections Administrator shall ensure that the records are maintained in an orderly manner so that the records are clearly identifiable and retrievable. Records of the election shall be retained and disposed of in accordance with the provisions of Section 66.058 of the Texas Election Code. If records of the election are involved in any pending election contest,investigation,litigation,or open records request,the Elections Administrator 192 shall maintain the records until final resolution or until final judgment,whichever is applicable. It is the responsibility of each participating authority to bring to the attention of the Elections Administrator any notice of pending election contest, investigation,litigation or open records request which may be filed with the appropriate participating authority. XIV.RECOUNTS A recount may be obtained as provided by Title 13 of the Texas Election Code.By signing this document,the presiding officer of the contracting participating authorities agree that any recount shall take place at the office of the Elections Administrator,and that the Elections Administrator shall serve as Recount Supervisor,and the participating authority's official or employee who performs the duties of a secretary under the Texas Election Code shall serve as Recount Coordinator. The Elections Administrator agrees to provide advisory services to each participating authority as necessary to conduct a proper recount. XV.MISCELLANEOUS PROVISIONS 1. It is understood that to the extent space is available,other districts and political subdivisions may wish to participate in the use of the County's election equipment and voting places,and it is agreed that the Elections Administrator may contract with such other districts or political subdivisions for such purposes and that in such event there may be an adjustment of the pro-rata share to be paid to the County by the participating authorities. 2. The Elections Administrator shall file copies of this document with the Denton County Treasurer and the Denton County Auditor in accordance with Section 31.099 of the Texas Election Code, 3. Nothing in this contract prevents any party from taking appropriate legal action against any other party and/or other election personnel for a breach of this contract or a violation of the Texas Election Code. 4. This agreement shall be construed under and in accord with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County,Texas. 5. In the event that one of more of the provisions contained in this Agreement shall for any reason be held to be invalid,illegal,or unenforceable in any respect,such invalidity, illegality,or unenforceability shall not affect any other provision hereof and this agreement shall be construed as if such invalid,illegal,or unenforceable provision had never been contained herein. 6. All parties shall comply with all applicable laws,ordinances,and codes of the State of Texas,all local governments,and any other entities with local jurisdiction. 193 7. The waiver by any party of a breach of any provision of this agreement shall not operate as or be construed as a waiver of any subsequent breach. 8. Any amendments of this agreement shall be of no effect unless in writing and signed by all parties hereto. 9. Failure for a participating authority to meet the deadlines as outline in this contract may result in additional charges,including but not limited to,overtime charges,etc. 10.Elections Staffing Hourly Rate(includes all benefit pay): Absentee Voting Coordinator $46.135 Voter Registration Clerk $33.760-$51.822 Technology Resources Coordinator $59.547 Elections Technician $42.000-$45.530 Voter Registration Coordinator $44.431 Training Coordinator $55.650 Election Coordinator $38.056 XVI. COST ESTIMATES AND DEPOSIT OF FUNDS The total estimated obligation for each participating authority under the terms of this agreement is listed below.The exact amount of each participating authority's obligation under the terms of this agreement shall be calculated after the May 7,2022 election(or runoff election,if applicable).The participating authority's obligation shall be paid to Denton County within 30 days after the receipt of the final invoice from the Denton County Elections Administrator. The total estimated obligation for each participating authority under the terms of this agreement shall be provided within 45 days after the last deadline for ordering an election: [pagebreak] THIS PAGE INTENTIONALLY BLANK. 194 XVI1. JOINT CONTRACT ACCEPTANCE AND APPROVAL IN TESTIMONY HEREOF,this agreement has been executed on behalf of the parties hereto as follows,to-wit: (1) It has on the 21st day of January,2022 been executed by the Denton County Elections Administrator pursuant to the Texas Election Code so authorizing; (2) It has on the 25`h day of January,2022 been executed on behalf of the Town of Trophy Club pursuant to an action of the 25`h day of January,2022 the Town Council so authorizing; ACCEPTED AND AGREED TO BY DENTON COUNTY ELECTIONS ADMINISTRATOR: APPROVED: Frank Phillips,CERA ACCEPTED AND AGREED TO BY THE TOWN OF TROPHY CLUB,TEXAS APPROVED: ATTEST: Mayor Alicia Fleury Leticia Vacek,Town Governance Officer/Town Sec 195 Future Agenda Items January 25, 2022 Future Agenda Items will be divided into 3 Categories: 1) Current listing of all future agenda items requested by Council that have not been addressed. 2) Items that have been researched and are scheduled for a report to Council (first 2-4 weeks). 3) Items that Council has requested additional research/staff time on and will be brought back for public discussion at a Council Meeting. Council will be provided updates on items that require significant time. The Future Agenda Items list will be placed on the Council Meeting agenda to provide a status on all items. The current list will be reviewed and as items are completed;said items will be removed. The Council may add items as needed to the list. 1) Receive an update regarding Entryway Monumentation/Landscaping for the Town of Trophy Club. I1 RFQ (Requests for Qualifications) for a Landscape Arc i s s been posted withate of January tn. Staff will select Landscape Arc i s submitted i is ins and negotiate contract for services. An RFQ for Statues will be posteds soon as we have written permission from the Byron Nelson Foundation. Staff is working on securing ission. 2) Develop a Strategic Plan for the Town addressing future goals with budgetary needs for each department. Staff participated in Strategic Management Training in September. Council in January identified the Mission, Vision, Focus Areas and Objectives for the Next 2-3 years. Directors Retreat is scheduled arch 23-24. Staff will develop departmental s based on key areas identified at the Counci Retreat using skills learned in the Strategic Management Training 3) Modifying the Existing Veteran's Memorial to include"Space Force". A PO was submitted in November for the new POW-MIAMonument I1 for the renovation Veteran's Park addingSpace Force to the existing towers. The monument is expected to take 6-10 months for completion. s Staff is in planning process to add disabled . 4) Street Maintenance Sale Tax Re-Authorization for May,2022 Election. Staff will present at Feb. 8to Council MeetingI1 Ordinance Calling Special l cti n for a 10-year Reauthorization for the May 7th Ballot. 5) Possible CCPD Sales Tax Re-Authorization for May,2022 Election. Staff will present at Feb. 8to Council MeetingI1 Ordinance Calling Special l cti n for a 20-year Reauthorization for the May 7to Ballot. Revised by: L.Vacek January 20,2022 196