HomeMy WebLinkAboutRES 21-220RESOLUTION NO. 21-220
WHEREAS, the City of Beaumont has been notified by the Texas Department of
Transportation that it is eligible to receive funding to assist in highway safety
enforcement, and,
WHEREAS, the City of Beaumont recognizes that the safety and security of the
motoring public is of paramount importance to the City, and,
WHEREAS, the City of Beaumont strives to enhance the safety of the motoring
public; and,
WHEREAS, grant funding through the Texas Department of Transportation
would assist in enhancing the safety of the motoring public and reducing motor vehicle
crashes which often result in loss of life or personal injury; and,
WHEREAS, traffic safety enforcement and encouragement of safe driving habits
are a significant goal of the Beaumont Police Department, and,
WHEREAS, the City of Beaumont has been notified by the Texas Department of
Transportation that it is eligible to participate in a Texas Traffic Safety Program and
receive federal reimbursement grant funding in an amount not to exceed Ninety -Three
Thousand Eight Hundred Fifty and 00/100 Dollars ($93,850.00) pursuant to the project
tilled "STEP Comprehensive Fiscal Year 2022" for occupant protection enforcement,
reduction of alcohol and drug related driving incidents, speeding enforcement, and
speeding related crashes; and,
WHEREAS, the City of Beaumont has agreed to contribute Twenty -Seven
Thousand Four and 40/100 Dollars ($27,004.40) as its portion of the costs for the
project titled "STEP Comprehensive Fiscal Year 2022" which is for the period of
October 1, 2021 to September 30, 2022,
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are
hereby, in all things, approved and adopted, and,
THAT the City Manager of the City of Beaumont be, and he is hereby, authorized
to execute all documents necessary to apply for and receive funding for the project
"STEP Comprehensive Fiscal Year 2022" and take such action as necessary to
implement the project which occurs between October 1, 2021 to September 30, 2022,
and,
BE IT FURTHER RESOLVED THAT the City Manager is authorized to accept
and disburse the federal reimbursement grant funding in an amount not to exceed
Ninety -Three Thousand Eight Hundred Fifty and 001100 Dollars ($93,850.00) and take
such other actions and execute such documents as may be necessary and appropriate
to implement the purpose and objectives of the "STEP Comprehensive Fiscal Year
2022" project recognizing the City's contribution match of Twenty -Seven Thousand Four
and 40/100 Dollars ($27,004.40).
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551
PASSED BY Th
September, 2021.
ie City o aumont this the 22nd day of
- Mayor Robin Mouton -
City of Beaumont Police Department
STEP Comprehensive 2022
Texas Department Of Transportation Traffic Safety
Electronic Signature Authorization Form-
Thisforrn identifies the person(s) .
who have the authority to. sign grant agreements and
amendments for the Grant ID listed'at the bottom .of the page.
Name Of Organization: City of Beaumont
Project Title: STEP Comprehensive
Authorizing Authority
The signatory of the Subgrantee hereby represents and warrants that she/he is an officer of
the organization for which shelhe has executed this agreement and that she/he has full and
complete authority to enter into the agreement on behalf of the organization.. I authorize the
person(s) listed under the section"'Authorized to Electronically Sign Grant Agreements and
Amendments" to enter into an agreement on behalf of the organization:
Name,
Title: L l�
Signature:
Date:
Under the authority of Ordinance:,or Resolution.,
Number (if applicable)
Authorized to Electronically Sign Grant Agreements and Amendments
List Subgrantee Administrators who have complete authority to enter into an agreement on
behalf of the organization.
F[ Print Name of Subgrantee Administrator in Title
TOOT Traffic Safety eGrants
1.
Ok 5 0 r) L4 VA Ir V, 4— CA
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i
At/. T Ire-POY11 -1 4a V,
3. f
-Air kle I ILt
2022-Beaumont-S-1 YG-00084 Printed On: 9/7/2021 Page 1 of 1
Texas Traffic Safety eGranta
Fiscal Year 2022
Organization Name: City of Beaumont PoliceDepartment
Legal Name: City of -Beaumont
Payee. Identification Number.: 17460002789023
Project Title: STEP Comprehensive
ID: 2022-Beaumont-S-1 YG-00084
Period: 10I0112021 to 0;913012022
Texas Traffic Safety 'G rants
Fiscal Year 2022
Organization Name: City of Beaumont Police, Department
Legal Name: City of Be:aumont
Payee Identification Number: 174.60002789.023
Project Title: STEP Comprehensive
ID: 2022-Beaumont-S-1 YG-00084
Period: 10/01/2021 to 09/30/2022
City of Beaumont Police. Department
.STEP Comprehensive 2022
FOR REVIEW ONLY - NOT A LEGAL DOCUMENT
TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
THE STATE OF TEXAS
THE COUNTY OF TRAVIS
THIS AGREEMENT IS MADE BY and between the State of Texas, acting by and through the
Texas Department of Transportation, hereinafter called the Department and the, City of
Beaumont hereinafter called the Subgrantee, and becomes effective then fully executed by
both parties. For the purpose of this agreement, the Subgrantee is designated as a(n) Local
Government/Transit District.
AUTHORITY: Texas Transportation Code, Chapter 723, the Traffc Safety Act; of 1967,;and
the Highwa Safe Performance Plan for the Fiscal Year 2022.
Name of the Federal'Agency: National Highway Traffic Safety Administration
CFDA Number: 20.600:
CFDA Title: State and Community Highway Safety Grant Program
Funding Source: Section 402
Unique Entity Identifier (UEI)
FAIN:
1SX9204020TX22
69A37622300004020TX0
ProjectTtle: STEP Comprehensive
This project is Not Research and Development
Grant Period: This Grant becomes effective on 10/01/2021 or on the date of final signature of
both parties, whichever is later, and ends on 09/30/2022 unless terminated or otherwise
modified.
Total Awarded: $120,864.40
Amount Eligible for Reimbursement by the Department: $93,860.00
Match Amount provided by the Subgrantee: $27,004.40
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City of Beaumont Police Department
STEP Comprehensive 2022
FOR RENUNIT ONLY - NOT A LEGAL DOCUMENT
GENTERAL MOR.iI•UMON
Project Title:STEP Coniprehensh e
Project -Description:
Program Elements
When performing enforcement acthi'ties under this grant, officers .should make the enforcement of the STEP
elements listed below their top priority., altliough any tragic -related probable cause can be used to initiate a
vehicle stop
1. DNVI Driving While Intoxicated
2. Speed Speed Enforcement
3. OR Occupant Protection (SafetyyBelt and Child Safety Seat)
4. ITC: Intersection Traffic Control.
5. DIY. Distracted Dri<rung
Holida3, Periods
Enforcement actn7ties under this grant may be conducted on any day at any time of day the: agency deems
appropriate. However, subgrautee should make it a priority to conduct enforcement acthrities during state
and federally deternuned holiday .penods, . Nvhich are:
L Cluistmas:New Year's
2. SpringBreak
3. Memorial Day
4. Independence Day
5. Labor Day
STEP Mobilization Calendar: is available on eGrantsHdp page
X Agency agrees to enforce the above:Program Elements and Holiday Periods as part of the Selective
Traffic Enforcement Program
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FOR REAUAV ONLY - NOT A LEGAL DOCT AJEEENI T
GRANT.AGREEMENT GENERAL TERMS AND CONDITIONS. (Revised.*0711.WO19).
Definitions: For purposesofthese Terms and Conditions, the "Department" is, also known as the
"State" and the "pro.spective. primary participant" and the "Subgrantee" is also known as the
"Subrecipient" and "prospective lower tier participant"
ARTICLE 1-COMPLIANCE WITHIAWS
The Subgrantee shall comply with all federal, state, and local laws, statutes, codes, ordinances,
rules and regulations, and -the orders and decrees of any courts or administrative bodies or tribunals
in any natter affecting the performance of this agreement, including, without limitation, workers'
compensation laws, minimum and maximum salary and wage statutes and regulations,
nondiscrimination laws and regulations, and licensing laws and regulations. When required, the
Subgrantee shall furnish the Department with satisfactory proof of compliance.
ARTICLE 2. STANDARD ASSURANCES
The; Subgrantee assures and certifies that it will comply with the regulations, policies, gu'ideline.s,. and
requirements, including CFR, Pait200; and the Departments Traffic Safety Program Manual, as
they relate.to th'e application, acceptance, and use of federal or state.funds for this project. Also, the
Subgrantee-assures and certifies that:.
A. It possesses legal authority to-apoly forthe grant;, and that a resolution, motion, or similar action
has been duly adopted or passed as an official act of the applicant's governing'body, authorizing the
filing of the application, including all understandings and assurances contained.in the application, and
directing and authorizing the person identified as the official representative of the applicant,to act in
connection with the application and'to provide any additional information that may be required.
B. It and, its subcontractorswill comply with Title VI of the Civil'Rights Act of 1964 (Public Law 88-
352), as amended,, and in accordance with that Act, no person shall discriminate, on the grounds of
race;,color, sex, national origin, age, religion, or disability-
C. It will comply with requirementsof`the provisions of the Uniform Relocation Assistance and Real
Property Acquisitions Act of 1970, as,amended; 42 USC (United States Code) §§4601` et seq.; and
United States Department.of Transportation (USDOT) regulations, "Uniform Relocation'.and Real
Property Acquisition for Federal and. Federally Assisted Programs;" 49 CFR, Part 24, which provide
for fair and equitable treatment of persons displaced as a result of'federal and federally assisted
programs.
D. Political activity (Hatch Act) (applies to subrecipients as well as States). The State will comply
with provisions.of the Hatch Ac't'(5 U.S.C. 1501-1508) which limits the political activities of.
employees whose principal employment activities are funded in whole or in part with Federal funds..
E. It will comply with the federal Fair Labor Standards Acfs minimum wage -and overtime
requirements for employees performing project work.
F_ It will establish: safeguard to prohibit employees from using their positions for a purpose.that is or
gives the.appearance of being motivated by a'desire for private gain forihemselves or others,
particularly those.with whom they havefamily, business, or other ties.
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G. It will give the Department the access to and the right to examine all records, books, papers, or
documents related to this Grant Agreement.
H. It will comply with all requirements imposed by the Department-concerning,.special-requirements
-of law, program requirements, and.other administrative requirements.
I. It recognizes -that many federal and state laws imposing environmental and: resource conservation
requirements may apply to this Grant Agreement. Some, but not all,, of.the major federal laws that.
may affect -the projectinclude: the'National Environmental Policy Act -of 1.969, as amended, 42 USC
§§4321 et seq.; the Clean Air Act, as. amended, 42 USC §§7401 et seq. and sections of 29 USC; the
Federal Water Pollution Control Act,; as amended, 33 USC §§1251 et seq.; the Resource
Consetvation.and Recovery Act, as amended, 42 USC §§6901 e.t.seq.; and..the Comprehensive
Environmental Response, Compensation, and Liability Act, as amended, 42 USC.§§9601 et seq.
The-Subgrantee also recognizes that,tl a U.S. Environmental Protection Agency, USDOT, and other
federal agencies have issued, and in the future are expected to issue, regulations, guidelines,
standards,orders, directives, or other requirements that may affect this Project. Thus, it agrees to
comply,.and assures the compliance of each contractor and each subcontractor, with any federal
requirements that the federal government may now or in the future promulgate.
J. It will comply with the flood insurance purchase requirements -of Section 102(a) of the Flood
Disaster Protection Act of 1973, 42-USC §4012a(a). Section 102(a) requires, on and after March 2,
1975, the purchase of flood insurance in communities where that. insurance is available as a
condition for the receipt of any federal financial assistance for construction or acquisition purposes
for use in any area that has been identified by the Secretary of the Department of Housing and.' Urban
Development as an area having special flood hazards. The phrase"federal financial.assistance"
includes -any form of'loan, grant,=guaranty, insurance payment, rebate,. subsidy; disaster assistance
loan or grant, or any form 6f:direct or`indirect federal assistance.
K. It will assist.the Department1n its compliance with Section 106 of the National Historic
Preservation -Act of 1966 as amended (16 USC 470 et seq.), Executive Order-11593, and'the
Antiquities Code of Texas (National. Resources Code, Chapter 191).
L. It will comply with Chapter 573 of the Texas Government Code by ensuring -that no officer,
employee, or member of the Subgrantee's governing board or the Subgrantee's subcontractors shall
vote or confirm the employment of any person related within'the second degree of affinity or third
degree by consanguinityto any member of the governing body or to any other.officer or employee
authorized to employ or supervise that person. This prohibition shall not apply to the employment of a
person, described in Section 573,062 of the Texas Government Code,
M. It will ensure that --all information collected, assembled, ort maintained bythe:applicant relative'to
this project shall be available to the public during normal business hours. in compliance with Chapter
552 of the Texas Government Code; unless otherwise expressly provided by law.
N. If applicable, it will comply with Chapter 551 of the Texas Government Code, which requires all
regular,. special; or called meetings of governmental bodies to be open to the public, except as
otherwise provided by law or specifically permitted in the Texas Constitution.
ARTICLE 3. COMPENSATION
A. The method of payment.for this agreement will. be based on actual costs incurred up to and not to
exceed the.limits specified in the Project Budget. The amount included in a.Project Budget category
will be deemed to be an estimate only and a higher amount can.be reimbursed, ;subject'to the
conditions.specified in paragraph R Of this Article. If the Project Budget specifies that costs are
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STEP Comprehensive 2022
based on a specific rate; per -unit cost, or other method of payment, reimbursement will be based on
the specified method.
B. All payments will be made in.accordance with the Project Budget.
1. The Subgrantee's expenditures may overrun a budget category (l, II, or III) in the approved Project
Budget without a grant (budget) amendment, as long as the overrun does not exceed a total of five
(5) percent of the maximum amount eligible for reimbursement (TxDOT) inthe.attached Project
Budget for the current fiscal year. This overrun must be off -set by.an equivalent underrun elsewhere
in the Project Budget.
2. If the overrun is five (5) percent or less, the Subgrantee must provide written"notification10 the
Department; through -the. TxDOT Electronic Grants Management"System (eGrants), prior to -the
Request for Reimbursement being approved. The notification must indicate the amount,. the percent
over, and the specific reason(s)for the overrun.
3. Any overrun. of more than five (5) percent of the amount eligible for reimbursement (TxDOT) in the
attached Project. Budget requires an amendment of this Grant Agreement.
4. The maximum amount eligible for reimbursement shall not be increased above the "Grand Total
TxDOT AmoUnt.in the approved Project Budget, unless this Grant Agreement is amended, as
described in Article 5 of this agreement.
5. For Selective Traffic Enforcement Program (STEP) grants only: In.the Project Budget;
Subgrantees are not allowed to. use underrun funds from the TxDOT amount of (100).Salaries,
Subcategories A, "Enforcement," or B, "PI&E Activities," to exceed the TxDOT amount listed in,
Subcategory C, "Other." Also, Subgrantees are not allowed to use underrun funds from the TxDOT
amount of (100). Salaries, Subcategories A, "Enforcement," or C, "Other," to exceed the TxDOT
amount listed in Subcategory B, "PI&E Activities." The TxDOT amount for Subcategory B, "PI&E
Activities," or C, "Other," can only be exceeded within the five (5). percent flexibility, with underrun
funds from Budget Categories II. or III,
C. To be eligible for reimbursement under this agreement, a cost must be incurred in accordance
with the: Project Budget, within.1he time frame specified. in the Grant Period of this. Grant Agreement,
attributableto work covered byahis agreement, and. which has been completed in -`a manner
satisfactory and acceptable to the,Department.
D. Federal or TxDOT funds cannot supplant (replace) funds from any other.sources. The term
"supplanting," refers to the use of federal or TxDOT funds to support personnel or an activity already
supported by local or state funds.
E. Payment of costs. incurred under this agreement is further governed by the cost. principles
outlined in 2 CFR Part ,200.
F. The Subgrantee agrees to submit monthly Requests for Reimbursement, as designated in this
Grant Agreement,, within thirty .(30) days after the end of the billing period. The" Request for
Reimbursement and'appropriate supporting documentation must be submitted through eGrants.
G. The Subgrantee agrees to submit the.final Request for Reimbursement under this agreement
Within forty-five (45) days of the end of the grant period.
H. Payments are contingent upon the availability of appropriated funds.
I. Project agreements supported with federal or TxDOT funds are limited to the length of this Grant
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demonstrated'merit or has potential long-range benefits; the :Subgrantee may applyfor funding
assistance beyond Ahe_initial 'sgreement period.
Preference for funding will be giyen to projects. based on (1,) proposed cost'sharing and (2)
,demonstrated performance history:
ARTICLE`4. LIMITATION OF LIABILITY
Payment of -costs incurred .under this agreement is contingent upon the availability of funds. If at any
time during this Grant Period, the Department determines thatthere is, insufficient. funding to continue
the project, the Department shaifrtotifythe Subgrantee, giving notice ofintent to terminate -this
agreement;,as.specified 'ih,Articie 11 of this agreement. If at the end of a federal fiscal year, the
Department determines that the' sufficient funding and. performance to continuealie project; the
Depart[nent'may notify the Subgrantee to continue this.agreement.
ARTICLEz. AMENDMENTS
This, agreement may be.amended: prior to its expiration by mutual'written consent of both parties;
utilizing the'.Grarit Agreement Amendment'in eGrants: Any amendment must be executed by the
parties within the Grant Period,, as=specified in this Grant Agreement.
ARTICLE 6. ADDITIONAL WORK AND CHANGES IN WORK.
A. if the, Subgrantee is of the opinioathat any assigned work is.beyond he scope of this agreement
and constitutes additional work,`the`Subgrantee shall promptly notify the Department in writing
through eGrants. If the Department finds,that such work does constituteadditional. the
Department'shall advise the:. Subgrantee and a written amendment to this agreement will be
executed according to Article 5, Amendments, to provide compensation for doing this work on the
same basis -as the -original work. If performance of the additional work will cause the maximum
amount payable to be exceeded, the work will not be performed before a,written: grant amendment -is
executed.
B.11"the. Subgrantee,.has submitted=work in.accordance with the terms of:this agreement but the
Department requests changes. to the completed work or parts of the. work which inuolve changes to
the original scope of-serviices;or character of. work under this agreement,'the Spbgrantee shall make
those revisions as requested and:direcied by the Department. This willbe.considered as,addittonal
work and will be pa`i.Vor asspecified,in,this Article.
C: if"the. Subgranteesubmits work that does not comply with the terms of this agreement, the
Department -shall ihstruct the Subgrantee to make any revisions that are: necessary to,bnng the work
into complianeewith this agreement. No additional compensation shall be paid forthis Work-
D. The,Subgrantee:shall make,revisions to the workzuthorized in this agreement that are.necessary
to correct errors or omissions, when required to do so by the Department. No additional
compensatibri shall be paidfor,;this work.
E. The.Department.shall not be responsibl6'f.of actions; by the Subgrantee,or any costs,incurred_by
the:Subgrante. relating to additional work not directly associated with: or prior 'to"the execution of an
amendment.
ARTICLE, '7 ..REPORTING. AND MONITORING
A. Not laterthanthirty (30) days after the end of each reporting period, the Subgrantee shall submit.a
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penurn IU: repun uuuugn euranis. rceponurg penuu5 vary uy proJeci uurauora anu are ueunea at;
follows:
1. For short term projects, the reporting period is the duration of the project. Subgrantee shall submit
a performance report within 30 days of project -completion.
2. For longer projects, the reporting period is monthly. Subgrantee shall submit a performance report
within 3thdays of the completion of each project month and within 30-days of project completion.
3. For Selective Traffic Enforcement Program (STEP) Wave projects, the reporting period.is each
billing cycle. Subgrantee shall submit a performance report within 30-days of the completion of each
billing cycle..
B. The performance.reporkwill include, as a minimum: (1) a comparison of actual accomplishments
to � the objectives established for the period, (2) reasons why established objectives and performance
measures were not met, if appropriate, and .(3) other pertinent information, including, when
appropriate, an analysis and explanation of cost underruns, overruns, or high unit,costs.
C. The'-Subgrantee shall promptly advise the Department in writing, through eGrants, of.events that
will have a significant impact upon this agreement, including:
1. Problems, delays; or adverse conditions, including a change of projeCtr director or other changes
in Subgrantee personnel, that will materially affect the ability to attain _objectives and performance
measures;.prevent the meeting of time schedules and objectives, or preclude the attainment of
project objectives or performance: r neasures by the established time periods. This disclosure shall
be accompanied by a statement of'the action taken or contemplated -and any Department or federal
assistance needed to resolve the situation.
2. Favorahib developments or events that enable meeting time schedules and objectives sooner
than anticipated or achieving greater performance measure o1.itput than. originally projected.
D. The Subgrantee shall submit the Final Performance Report through eGrants within thirty (30)
days after -completion ofthe grant.
ARTICLE B. RECORDS
The Subgrantee agrees to maintain all reports,. documents, papers, accounting.records, books, and
other evidence pertaining to costs incurred and work. performed. under this agreement (called. the
"Record"'), and shall make the R0tords available at its office. for the time period.authorized within
the .Grant'Period, 'as specified in this Grant Agreement. The Subgrantee-further agrees to'retain the
Records for four.(4).years from the date of final -payment under this agreement, until completion of all
audits; of until pending litigation has been completely and fully resolved,. Whichever occurs last.
Duly authorized representatives of the Department, the USDOT,. the Office of the Inspector General,
Texas State Auditor, and the Comptroller General shall have access to the Records. This right of
access is not limited'to the four (4) year period but shall last as long as the Records are retained:
ARTICLE 9. INDEMNIFICATION
A. To th:e.bxtent permitted by law, the Subgrantee; if other than a govemment entity, shall indemnify,.
hold,, and save harmless the Department and its officers and employees from all claims andliability
due to the, acts o.r omissions of the Subgrantee, its agents, or employees. The Subgrantee.also
agrees,. to the extent permitted bylaw, to indemnify, hold, and save harmless the Department from
any and_all'expenses, including but not limited to attorneyfees, all court costs andawards for
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of any activities of the Subgrantee, its agents, or employees.
B. To the extent permitted by law, the Subgrantee, if other than a government entity, agrees to
protect, indemnify, and save harmless the Department from and against all claims, demands, and
causes of action of every kind and character brought by any employee of the Subgrantee against the
Department: clue to personal injuries.to or death of any employee resulting from any alleged negligent
act, by either commission or omission on the part of the Subgrantee.
C. If tile. Subgrantee is.a government entity, both parties to thiss agreement agree that no party. is an
agent, servant, or employee of the other party and each party agrees,it is responsible for its'individual
acts and deeds, as -well as the acts and deeds of its contractors, employees,. representatives, and
agents.
ARTICLE 10. DISPUTES AND REMEDIES
This agreement supersedes -any prior oral or written agreements, If'a conflict arises between this
agreement and. the Traffic Safety Program Manual, this agreement shall govern,. The. Subgrantee
shall be: responsible for the settlement of all contractual and administrative issues arising out of
procurement made by the Subgrantee in support of work under this agreement. Disputes concerning
performance or payment shall be submitted to the Department for settlement, with the Executive
Director or his or her designee acting as final referee.
ARTICLE 11. TERMINATION
A. This agreement shall remain in.effect until the Subgrantee has satisfactorily completed all
services and obligations described in this agreement and these have been -accepted by the
Department, unless:
1. This agreementis terminated in writing with. the mutual consent of both parties; or
2. There -is a written thirty (30) day notice,by either party; or
3. The Departmentdetermines that the performance of the project is not in the best interest of the
Department and informs the Subgrantee that the project is terminated immediately.
B: The Deepartment shall compensate the Subgrantee for only those eligible expenses incurred
during the Grant Period specified in this Grant Agreement that are directly attributable to the
completed portion of the work -covered by this -agreement, provided that the.work-has been
completed in a manner satisfacto y and acceptable to the Department. The Subgrantee shall not
incur not be reimbursed for any new obligations -after the effective date of termination.
ARTICLE 12. INSPECTION OF WORK
A The Department and, when federal funds are involved, the USDOT, or any of their authorized
representatives, have.the eight at all -reasonable times to inspect or otherwise evaluate the work
performed or being performed under.this agreement and the,premises in which it is being performed.
B_ If any inspection:or evaluation is made on the premises of the Subgrantee or its subcontractor, the
Subgrantee shall provide and require its subcontractor to provide all reasonable facilities and
assistance for the safety and convenience of the inspectors'in the performance of their duties. All
inspections and evaluations shall be performed in a manner that will not unduly delay the work.
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ARTICLE'13. AUDIT
The state; auditor n ay conduct an audit or investigation of any entity receiving funds from the state
directly under this agreement or indirectly -through a subcontract under this ,agreement. Acceptance
of funds-directlyunder this agreement or indirectly through a subcontract under this agreement acts
as'acceotance 61 the authority of the State Auditor, under the direction of the.lesislative audit
committee, to conduct an auditor investigationin connection with those funds. An entity that is the
subject of an auditor investigation.mustprovide the state auditorwith access to anyinformation the
state auditor co►isiders relevant>to;the investigation or audit.
ARTICLE 14. SUBCONTRACTS
A subcontract in excess of `$ 5,00Q,may not be executed by the Subgrantee without,prior written
concur'rernce,by the -Departs eh . Subcontracts in excess of $25,00.0 shali contain all applicable
termsand conditions of this:,agreement. No subcontract will relieve the'Subgrantee of -As
responsibility under'this agreement.
ARTICLE.'16. GRATUITIES
A_ TeXasTransportation Commission policy mandates that employees.of"the Department shall not
accept any benefit, gift, or favor from any person doing business with or who, reasonably speaking,
may do businesswith the Department under this agreement. The.only exceptions allowed,are
ordinary apusit! ess'lunches and items that have received the advanced written approval. of the
Department's Executive Director.
B. Any person doing business with or who reasonably speaking may -,do business with the
Department under this agreement ri ay not make any offer of benefits, gifts, or favors to Department
employees, except as mentiorned.here above. Failure -on the.part of the. Subgrantee to adhere to this
policy,m0y result: interrriination of this agreement.
ARTICLE 16. NONC_OLLUSION
The SUbgrantee warrants that it has not;enyployed or retained any c:orr pang or person,, other than a
bona'fde em°p[oyee.working solely for the"Subgrantee, to solicitor secure:this agreernent,.and thatk
has,�not paid or agreedto pay -any company or person, other than a bona fide employee, ,anyfe'e,
commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting
from the'.avizied or'making of this agreement. If the Subgrantee breaches or violates this warranty,
the Department shall have the. right annul this agreement without liability or, in its discretion,°to
deductfron-i tbe.agreement pricew consideration, or otherwise recover the full amount of such fee,
commissions, brokerage fee, contingent fee, or gift.
ARTICLE 17.,CONFLICT OF INTEREST
The; Subgrantee represe►its°th0f it or its employees have no conflict of interesUhat would in any way
interfere•Wyith'its :or its employees' performance or which.in anyway conflicts'lvith the interests of the,
Department. The'S'ftmntee shall exercise' reasonable care and"diligence to"prevent any actions or
conditions that could result, ina'conflict with the Departments.interests
ARTICLE 18. SUBORANTEE'S RESOURCES
A. TheSubgrantee certifies that it presently has adequate qualified personnel in'its employment to
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perforrhAhe work required under this _agreement, or will be able to obtain such personnel from
sourdes' otherthan the D.eparthient.
B. All employees of the Subgrantee shall have the knowledge and.experience that will enable them to
perform -the duties assigned to -them. Any employee of the Subgrantee who, in.the.opinion of'the
Department, is incompetent or whose conduct becomes detrimental -to the work, shall immediately
be_re roved from association with the project.
C. Unless otherwise specified, -the Subgrantee shall furnish.all equipment,,mate.rials, supplies, and
otherresaurces�required.to perform the work.
ARTICLE 19. PROCUREMENT AND PROPERTY MANAGEMENT
The Subgrantee shall establish and administer a system to procure, control, protect, preserve, use,
maintain, and dispose of any property furnished to it by the. Department or purchased pursuant to
this agreement in accordance with its own procurement and property management procedures,
provided that the procedures are not in conflict with (1) the Department's procurement and property
management standards and (2) the federal procurement and property management standards
provided by 2 CFR §§ 200.310-.31'6, 200.318-.324.
ARTICLE 20. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY
Upon, :completion or termination of this Grant Agreement, whether for cause or at.the convenience of
,the parties, all finished or unfinished .documents, data, studies; surveys; reports, maps, drawings,
models, photographs,. etc. prepared by the Subgrantee, and.equipment and supplies purchased with
grantfunds shall,, -at -the option of the Department, becomathe property ofthe.Department. All
sketches, photographs, calculations; and other'data prepared under this agreement shall be made
available; upon request,.to the Department without restriction or limitation of theirfurther use.
A. Intellectual property consists of copyrights, patents, and any other form of intellectual property
rights covering any databases, software, inventions, training manuals, systems. design, or other
proprietary information in any form or medium-
B. All rights to Department. The Department shall own all of the rights (including copyrights,
copyright applications, copyright renewals, and copyright extensions), title -and interests.in and'to all
data, and other information developed Linder this contract and versions thereof unless otherwise
agreed to in writing that there will be joint ownership.
C. All rights to Subgrantee. Classes and materials initially developed by: the Subgrantee without any
type of funding or resource assistance from the Department remainthe Subgrantee's intellectual
property: For these classes and materials, the Department payment is limited .to payment for
attendance at classes.
ARTICLE 21. SUCCE;SSORS AND ASSIGNS
The.Department and the Subgrantee each binds itself, its successors, executors, assigns, and
administrators to the other party to this agreement and to the: successors, executors, assigns; and
administrators of the other party in respect to all covenants of this agreement. The Subgrantee shall
not assign, sublet, or transfer interest and obligations in this agreement without written consent of
the Department through eGrants.
ARTICLE 22. CIVIL RIGHTS COMPLIANCE
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A. Corn pliancewith regulations: The Subgrantee shall comply with the regulations relative to
nondiscrimination.in.federally-assisted programs of the United States Department of Transportation
(USD(OT): 49 CFR, Part 2;1; 23 _CFR; Part200; and.41 CFR, Parts 60-74, as:they maybe amended
periodically (called the "Regulations"). The Subgrantee agrees to comply -with Executive Order
11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 and as
supplemented by the US. Department of Labor regulations (41 CFR, Part'60).
B. Nondiscrimination: (applies to subrecipients as well as States) The State highway safety agency
will comply with ail Federal statutes and implementing regulations relating to nondiscrimination
("Federal Nondiscrimination Authorities"). These include but are not limited to:
. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et'seq_, 78..stat. 252), (prohibits
discrimination on'the basis of race, color, national origin): and 49 CFR part 21;
. The' Uniform Relocation Assistance and'ReM PropertyAcquisit on.P'oiicies ;Act of 1970 ,
(42 U.S;C. 4601;),.(prohib'its:uiifair,treatMent of persons displaced orwhose,property,has been
ac.auired beeause�bf Federal or Federal -aid programs and projects);_
federal -Aid Highway Act of 1973 , (23 U.S.-C. 324 et seq.'),and Tltle.IX of the Education
Amendments of 1972, as amended (20 U.S.C. 1681-16831and 1685A686) (prohibit
disc rirriinati6n on the basis of sex);
. Section 604 of the Rehabllitation.Actof 1973 , (29 U.S.C..794 et seq..), as amended,
(prohibits discrimination on the basis of disability) and 49 CFR part 27;
. The Age Discrimination Act of 1975 ; as amended, (42 U.S.C_ 6101 et seq.), (prohibits
discrimination on the basis of age);
. The Civil Rights Restoration Act of 1987 , (Pub. L. 100-209), (broadens scope, coverage
and applicability of Title VI of the Civil Rights Act. of 1964, The Age Discrimination Act.of 1975
acid Section 504. of the Rehabilitation Act of 1073, by expanding the definition of the terms:
"programs or activities" to,include. all of the programs.or activities_ of the Federal aid recipients,
'subrecipients and contractors; whether such programs or activities are Federally -funded or
not);
. Titles II and III of the, Americans with Disabilities Act(42 U.S.C. 1213.1-12189) (prohibits
discriminatiori,on the. basis of disability in the operation of public entities, public and private
transportation systems, places of public accommodation, and certain testing) and 49 CFR
parts 37 and 38;
. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low -Income Populations (prevents discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high and
adverse-hUman health or. environmental effects on minority -and low-income -populations); and
. Executive Order 13166, Improving Access to Servicesifor Persons with Limited
.English Proficiency {guards against Title VI national origin discrimination/discrimination
because of limited English proficiency (LEP) byensuring.that funding, recipients' take
reasonable steps to ensure that LEP persons have meaningful access to programs (70. FIR
74087-74100).
The State highway safety agency -
Will take all measures necessaryto ensure that no, person in the Vnited States shall,..on the
,grounds of race; color; national origin, disability, sex, agejimited English' proficiency, or
membership in any other class protected by Federal Nondiscrimination Authorities, be
excluded from participation in, be denied the benefits of, or be otherwise subjected to
disc rimination'under any of its programs or activities, so long as anyportion of the program is
Federally -assisted;
Will administer the program in a manner that reasonably ensures that any of its subrecipients,
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1:ul IU MAUI,, jUULVI I[7QULVIO, 01 IU I.V I IJUnaI RAI UL VIVII Iy I GUOI GI III ICII I6I0I,.13ZOIJIOIR44U UI IUGI UIIJ
"progr."am will comply with all requirements of the Non -Discrimination Authorities identified in
this. Assurance;
. Agrees to comply (and require its subrecipients; contractors, subcontractors, and consultants
to, .comply) with all applicable provisions of law or regulation" overning US.DOT's or NHTSA's
access"to records, accounts, documents, information, facilities, and staff, and to: cooperate
and comply with any program or compliance reviews,'and/or complaint' investigations
.conducted by US DOT or.NHTSA under any Federal Nondiscrimination Authority;
• Acknowledges that the United States has a right to seek judicial enforcement with regard to
any matter arising under these Non -Discrimination Authorities and this Assurance;
. Agrees to insert in all contracts and funding agreements with other State or private entities the
following Clause, -
"During the performance of this.contract/funding agreement, the contractor/funding recipient agrees -
a. To.comply with all Federal nondiscrimination laws and regulations, as may be amended from time
to time;
b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non-
discrimination lay^r'or regulation, as setfoith in appendix B of 49. CFR part.21 and herein;
c. To permit access to its books, records, accounts, other sources of information, and its facilities
as required by the State highway safety office, US DOT or NHTSA;
d. That, in event contractor/finding recipient fails to comply with any nondiscrimination provisions in
this contract/fUnding agreement, the State highway safety agency will.have the right to impose such
contract/agreement sanctions asit or NHTSA determine are appropriate, including but not.limited to
withholding payments to the contractorlfunding recipient under the contract/agreement until the
contractor/funding recipient complies; and/or cancelling, terminating, or suspending a contract or
funding agreement, in whole or in part; and
e. To insert this claase',, including paragraphs (a).through (e), in every subcontract and
subagreement-and in every solicitation for a subcontract or sub -agreement, that receives Federal
funds'inder this program.
C. Solicitations for subcontracts, including procurement of materials and equipment: In all
solicitations either by competitive bidding or negotiation made by the Subgrantee for work to be
performed under a subcontract, including procurements of materials and leases of equipment, each
potential subcontractor or supplier shall be notified by the Subgrantee of the Subgrantee's obligations
under this agreement and the regulations relative to nondiscrimination on the grounds of race, color,
sex, national origin, age, religion, or disability.
D. Information and reports: The Subgrantee shall provide all information. and reports required `by the
Regulations, or directives,'issued pursuant thereto, and shall permit access to its books; -records,
accounts, other sources""of information, and its facilities as may be, determined by the Department or
the USDOT to be pertinent to ascertain compliance with the Regulations or directives: Where any
information required of the Subgrantee is in the exclusive possession of anotherwho fails or -refuses
to furnish this information, the Subgrantee shall. -certify that to the Department or the USDOT,
whichever is appropriate -and shall.set forth what efforts the Subgrantee-has made to obtain the
requested information.
E. Sanctions for noncompliance: In the event.of the Subgrantee's'noncompliance with -the
nondiscrimination provisionof this agreement, the Department'shall impose such sanctions'as it or
the l j.gnC)-r may riafarrnina to ha Annrnnrista
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F. Incorporation of provisions: The Subgrantee shall include the provisions of paragraphs A. through
E. in every subcontract, including procurements of materials and leases of equipment, unless
exempt by the regulations or directives. The Subgrantee shall take any action with respect to any
subcontract or procurement that the Department may direct as a means of enforcing those
provisions; including sanctions'for noncompliance. However,'in the event a Subgrantee becomes
involved,in, or is threatened with litigation with a subcontractor-or:supplier as a -,result of such
direction; the Subgrantee.may regl.iest.the Department to enter into litigation to protect the,Iinterests
of the state; and in addition, the-Subgrantee may request the.United'States-to enter- into such
litigation'to protect the1nterests of the United States.
ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM
A. The parties shall comply with the DBE Program requirements established in 49 CFR Part 26.
B_ The.Subgrantee shall adopt, in its totality, the Department's federally approved DBE program.
C. The Subgrantee shall set an appropriate DBE goal consistent with the Department's DBE
guidelines and in consideration of the,local market; project -size, and nature of the goods -,or services
to be acc uired. The Subgrantee shall have final decision- making. authority regarding the DBE goal
and shall be responsible for documenting its actions_
D. The Subgrantee shall follow all other parts of the Department's DBE program referenced in
TxD.OT Form 2395, Ivlemorandum of Understanding Regarding the Adoption of the Texas
Department of Transportation's Federally -Approved Disadvantaged Business Enterprise by Entity
and attachments found at web address http:/1m%j : _txdot_aoy/bus inessipartnershipsldbe.html
E. The Subgrantee shall not discriminate on the basis of race, color, national. origin, or sex in the
award and performance of any USDOT=assisted contract or in the administration of its DBE.
program or -the requirements of 49 CFR Part 26. The Subgrantee shall take all necessary.and
reasonable steps under 49 CFR Part2G to ensure non-discrimination in award. and administration of
USDOT-assisted contracts;_ The,Department's DBE program, as required by 49. CFR Part 26 and as
approved by USDOT, is incorporated"by reference in this agreement. Implementation of this program
is a legal obligation and failure to cant' out its terms shall be treated as a violation of this agreement.
Upon notification to the Subgrantee of its'failure to carry out its approved program;'the Department
may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriatecases, refer
the matter for enforcement under 18. USC 1001 and the Program Fraud. Civil Remedies Act:of ,1986.
(31 _USC 380.1 et seq.).
F.. Each contract the Subgrantee signs with a contractor (and each subcontract the prime contractor
signs with a sub -contractor) must in the following assurance: The contractor, sub -recipient, or
sub:contractor shall not discriminate on the basis of race, color, national origin, or sex in the,
performance of this contract, The contractor shall carry out applicable requirements of 49 CFR Part
26 in the award and administration of USDOT-assisted contracts, Failure by the contractor to carry
out these requirements is a, material breach of this agreement, which may result in the termination of
this agreement or such other remedy as the recipient deems appropriate.
ARTICLE 24. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION.(appliesto
subrecipients as well as States)
Instructions for Primary Tier Participant Certification (States)
1. By sianinct and submittinq this proposal, the prospective primary tier participant is providing the
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certificafiot set out below and agrees to complywith the requirements of 2 CFR parts 180.and 1200.
2. The inability of a person to provide the certification required below will not necessarily result in
denial 'of participation in this covered transaction. The prospective primary tier participant shall
submit an .explanation of why it cannot provide the certification set out below. The certification or
explanation will be considered. in connection with the department or agency's determination whether
to enter into this transaction. However, failure.of the prospective primary tier participant to: furnish a
certification or an explanation _shall.'disqualify such. person from participation in. this transaction.
3. The certificationinthis clause is=a material representation of -fact upon which'reliance•was.placed
when the depaitrnent.ot:agencydete'rmined to enter intothis transaction. If Us later determined that
the prospective: primary tier.participant knowingly rendered an erroneous -certification; in addition to
other remedies available to the Federal Government, the department.or agency may terminate this
transaction for cause; or default or'may pursue se spension or debarment.
4. The prospective primary tier participant shall provide immediate written notice to the department or
agency to which this proposal 'is submitted if at any time the prospective primary tier participant
learns its -certification was erroneous when submitted or has become erroneous by reason of
changed circumstances.
5.7he terms covered transaction, :civil judgment, debarment, suspension, ineligible, participant,
person, principal, and voluntarily excluded, as used in this clause, are defined, in2 CFR parts 180
and 1200. You may contact the.departmerlt or agency to which this proposal is being submitted for
assistance, in obtaining, a copy of those regulations.
G. The prospective primary tier participant agrees by submitting.this proposal that; should the
proposed covered transaction be entered into, it shall not knowingly enter ,into ;any lower tier covered
transaction with a person who is proposed for debarment under 48 CFR Part 9, subpar 9.4,
debarred, Suspended, declared ineligible,,or voluntarily excluded'from participation in this covered
transaction, unless authorized by the -department. or agency.entering into this transaction.
7. The prospective -primary tier participant further agrees by submitting this proposal that it will
include,th&clause titled `'Certification Regarding Debarment, Suspension, Ineligibility. and Voluntary
Exclusion -Lower Tier Covered Transaction," provided by the department oragency entering into this
covered transaction, without modification , in all lower tier covered transactions and in all'solicitations
for lower tier covered transactions and will require lower tier participants. to comply with 2 CFR parts
180 and 1200.
8. A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that, it is not proposed for debarment under 48 CFR part 9, subpart
9.4, debarred, suspended, ineligible, or voluntarily excluded from,the covered transaction; unless it
knows that the certification is erroneous. A participant is responsible for ensuring that its principals.
are not suspended, debarred, or otherwise ineligible to participate i'n covered.transactions. To verify
the:eligibility of its principals, as well as the eligibility, of any prospective lower tierparticipants, each
participant, may, but 'is not required to; .check the -System for.Award Management Exclusions website
(httpsa/�nnvs a rrl: gov7).
9. Nothing contained in the foregoing=shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
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IV. "A—IJL IV] LI Lai IJ4lq UVI 10 LIUU1UI 1LL U UI iU%A rout Uyl anJII v U1 UIl JLi 116LJLI ULi II VIIJ, II.0 ► L1I,iArIVGIIL 111 U
covered transaction knowingly enters ;into a lower tier covered transaction with'a person who 'is,
proposed for debarment under O CFR Part 9, stibpart'9.4, suspended;.debarred, ineligible, or
voluntarily excluded from participation in.this>transaction,.in additionto other remedies available to.
the Federal Government, the depart►iient or agency may terminate,this fransaction for cause. or
default.
Certification Recrarcling Debarment, Suspension, and Other Responsibility Matters -Prima Tier
Coverecl Transactions
(1) The prospective primary tier participant certifies to the best of its knowledge and belief, that it'and
its principals:
'(a) Are not presently debarred, suspended, proposed for debarment, "declared.ineligible, or voluntarily
excluded from participating in covere ,transactions by any Federal department.'or agency;
'(b) Have not W�ithin a three-year period preceding this proposal been -convicted. of or had a civil
judgment rendered against then-for,commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing apublic (Federal, State or local). transaction or contract
under a public transaction; violation of Federal.or2State antitrust statutes or commission of
embezzlement, theft; forgery, bribery, falsification or destruction ofrecords; making false
statements, or receiving stole►i property.;
(c).Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State or Local) with commission of any of the offenses enumerated in. paragraph (1)(b) of
this certification; and
(d) Have notWithin.a three=year period preceding this applicatiorAroposal had 6ne of more public -
transactions (Federal State, or local) terminated for cause or default.
(2) When the prospective primary participant is unable to certifyto any; of•the Statements in this
certificalion, such prospective participant shall attach an explanation to this_proposaL
structions for tower Tier Participant Certification)
1. By signing and submitting this proposal, the prospective -lower tier participant.is providing the
certification set out below and;agrees to comply ivith.the requirements 6f.2CFR parts 186 and 1200.
2' The certification in this clause is a material representation of fact upon which reliance was.placed
when this transaction was entered into. lf'it is later determined that the prospective lower tier
participant knowingly rendered an erroneous certification, in addition to other. remedies available to.
the Federal government, the department or agency with which this transaction originated may
pursue available remedies, including suspension or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which
this proposal is submitted if at any time the prospective lower tier participant -learns that its
certification was eri oneous when submitted or has become erroneous by reason of changed
circumstances.
4. The terms covered transaction, civil judgment; debarment, suspension, ineligible, participant,
person, principal, and voluntarily excluded, as used in this clause, are.definedA ' 2 CFR parts Ilk
and 1200. You may contact the person to.Whom this proposal is submitted for assistance in
obtaining a copy of those regulations.
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5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed
covered transaction be entered into, it shall not knowingly enter into any lower tier covered
transaction with a person who is proposed for debarment under 48 CFR Part.,% subpart 9.4,
debarred, suspended, declared ineligible; or voluntarily excluded from participation in this covered
transaction, unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that'it,will include
the -clause titled "Instructions for;Lower Tier Participant Certification'"including the"Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered
Transaction," Without modification; in all lowertier covered transactions and in, all solicitations for
lower tier covered transactions and will require lower tier participants to complyWth 2 CFR.parts
180 and 1200.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that it'is not proposed for debarment under 48 O.M. Part 9, subpart
9.4, debarred, suspended, ineligible, or voluntarily. excluded from the covered.transaction, unless it
knows that the certification is erroneous.. A participant is responsible for ensuring that its principals
are not suspended, debarred, or otherwise ineligible`to. participate'in.covered transactions. To verify
the eligibility of its principals, as well as the eligibility of any prospective lower ter participants, each
participant may, but is not required to, check the System forAward Management Exclusions website
(https:/lm"Ai.sam. g ov/).
8-Nothing contained in the foregoing shall be construed to require,establishment of a system of
records in order to render in good faith the certification required. by this clause.. The knowledge and
information of a participant is not required to exceed thatwhich isnormally possessed by a prudent
person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, ifa participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
proposed for debarn-ient under 48 CFR Part 9, subpart_ 9.4, suspended, debarred; ineligible, or
voluntarily excluded from participation in this transaction, in addition to other remedies available to
the Federal government, the department or agency with which this transaction originated may
pursue available remedies, including suspension or debarment.
Certification Re(,-.wdinci Debarment; Suspension, InelictibiffltVand Voluntary Exclusion - Loyver Tier
Covered Transactions:
1. The prospective l0\Ajer tier participant certifies, by Submissionof this proposal, that neither -it nor'its
principals is presently debarred, suspended, proposed for debarment; declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal department or agency.
2. Where_the prospective lower tier,participant islunable to certifyto any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
ARTICLE 25. CERTIFICATION REGARDING FEDERAL LOBBYING (applies to subrecipients as
well as States)
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge.and belief; that:
1. No Federal api-A ohriated funds have been paid or will be paid, by or on behalf of the undersigned,
t&any. person for influencing orattempting to influence an officer.or employee of'any agency, a
Member of Conrrress, an officer or employee of Cohgress, or an'emp' loyeeofa Member of Congress
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in, connection with the awarding; of any Federal contract, the making of any Federal grant, the`rriaking
of any Federal loan, the entering into of any aooperatiwe. agreement, and,the extension, continuation,
renewal,;amendmentor modification of any Federal Contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have,been paid or will be. paid to any person for
influencing or attempting -to influence an officer or employee of -any agency, a Member of Congress,
an officer, &,employee -of Congress, or.an employee of a Member of Congress:in connection with
this Federal contract, grant, loan; or cooperative agreement, the undersigned shall complete and
submit.Staridard Form-LLL, "Disclosure.Form to. Report Lobbying;" in accordance with its
instructions.
3. The undersigned shall require that the language.of this certification be tncluded'in the.award
documents,for all sub -awards at all tiers (including subcontracts, subgrants, and contracts under
grant, loans, and cooperative agreements) and that,all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fa,"ct upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to
file the reciuired certification shall be subject to a civilpenaltyof not less than $10,000 and not more
than $100 000.for each such failure.
ARTICLE' 26. CHILD SUPPORT CERTIFICATION
Under Section 231.0016, Texas Family Code; the Subgrantee certifies that the;individual or business
entity'named.in'.this agreement'is not,ineligible.to receive thee-speciified grant, loan,.or payment and
acknowledges that this agreement "may be terminated and payment may be .wiihheld`if this
certification is.inaccurate: If the above; certification is shown:to be,false, the'Subgrantee is liablpAo
the state for attorney's fees and any other damages provided by law or the agreement. A child
support obligor oa' business entity ineligible to receive payments because of a: payment delinquency
of more than thirty (M) days-rer ains ineligible until: alf arrearages have been paid;" the obligor is in
compliance.with awritten repaymen.t'agreemenYor'court order as to any existing delinquency; or the
court of continuing jurisdiction over the child support order has granted the obligor an exemption from
Subsection (a) of Section 231.006, Texas Family Code;,as part of a court -supervised -effort to
improve earnings and childsupport"payments.
ARTICLE 27. FEDERAL FUNDING ACCOUNTA ILITY AND TRANSPARENCY ACT
REQUIREMENTS
A. Any recipient of funds under this agreementagrees to comply with the Federal Funding
Accountability and Transparency Act and implementing regulations -at 2 CFR, 0art:170, including
Appendix A. This agreement is subject -to the following award terms:
http://eclbcket:ac ess.rjpo:ciov12010/pcif/2010-2270o'.pdf and
tt :G'edocl<et.ac es;> qno.clo���20101bdfi2010-22706.jD&f
B. The Subgrantee agrees that it shall:.
I.. Obtain and provide; to the State a System for Award Management (SAM) number (48 CFR subpt.
4."11) if this award provides for niore than $25,000 in Federal funding. The SAM number may be
obtained by visiting the SAM web -site at: https./hv�vw.sam.goy
2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique
nine -character nurnber that allows the Federal governmentto track the distribution of federal money:
2022-Beaumont-S-1YG-000.84 Printed On; 9/7/2021 Page 17 of 31
City of'Beaul-noill Police Department
STEP Comprehensive 2022
The DUNS number may be requested free of charge for all businesses and entities required to do. so
by visiting the- Dun & Bradstreet (D&B) on-line registration website httpMedciov:cl6b.com/WebfoLl-12i
and
3. Report the total compensation and names of its top five (5) executives to the State if:
i. More than 80% of annual gross revenues are from the Federal government, and those revenues
are greater: than $25,000,000; and
ii. The compensation information is not- already.available through`reporting to the U.S. Securities and
Exchange Commission.
ARTICLE 28. Slt,.IGL.E AUDIT REPORT
A. The parties sh2A cornply with the requirements of the Single AuditAct of 19i34, P:L. 98-502,
ensuring that the single audit report includes the coverage stipulated in 2 CFR Part 200.
B. If threshold expenditures of 5750;000 or more are met during the Subgr"antee's.fiscal year, the
Subgrantee must submit a Single Audit Report and Management Letter (if applicable) to TxDOT:s
Audit Office, 125 Easl 11 th Street, Austin, TX 78701 or contact TxDOT's Audit Office at
sire leaudits aWdot ciov
C. If expenditures are less than S750,000 during the Subgrantee's fiscal year, the Subgrantee must
submit a statement to TxD.OT's Audit Office as follows:'W.e_did not_meetthe $750-000 expenditure
It
-threshold and therefore, are not required to have a single audit performed for FY
D. For each year the project remains open for federal funding expenditures, the Subgrantee will be
fi
responsible for ling a report or statement as described above. The required annual filing shall
extend.thr-oughoLit the life of the agreement, unless otherwise -amended orthe project.has been
.formally closed out and no charges.have been incurred within the current fiscal year.
ARTICLE 29. BUY AMERICA ACT (applies to subrecipients.as well as States)
The State and each subrecipient will comply with the Buy America requirement.(23 U.S.C_ 313)
when purchasing items using Federal funds. Buy America requires a State, :'or'subrecipient, to
purchase with Federal funds only steel,, iron and'manufactured products. produced in the United
States, unless the Secretary of Transportation determines that, such domestically, produced items
would be inconsistent \with the public interest, that such materials are no treasonably available and of
a satisfactory quality, or that inclusion of domestic materials will increasethe:cost of the -overall
project contract 1,y more than 2.5 percent_ In order to use Federal funds to purchase foreign
produced items, !Ire State must submit a waiver request that provides an adequate basis and
justification for approval by the Secretary of Transportation.
ARTICLE 30. Pi— -> TRICTION ON STATE LOBBYING (applies to subrecipients as well as States)
None of the funds under this program will be used for any activrty-specifically designed to urge or
influence a �:tEite r lot-il legislator to favor or oppose the adoption of any specific legislative proposal
pending before any Sl,,ite or -local legislative body. Such activities.include both,direct and indirect
(e-.g., "grassroots"1 lobbying activities, with.one:exception: This::do-es not.preclude.a State official
whose salaryis supoi ted with NHTSA funds from engaging in communications with,State or
local legislative officials, in accordance with customary State practice, even,if'such communications
urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.
2022-E3eaumon?- S-I YG-00084 Printed- On: 9/7/2021 Page 18 of 31
City of Reaumo,i! Pc lice Department
STEP Compreh,;nsive 2022
ARTICLE 31. NONGOVERNMENTAL ENTITY'S PUBLIC INFORMATION
(This arlicle appi. oily to non-profit entities.)
The Subgrantee is required to make any information created or exchanged with the Department
pursuant to this Grant Agreement and not otherwise excepted from diselosure.under the. Texas
Public Information Act, available in a format that is accessible by the,public at noadditional charge to
the Department 3.68, 83rd Texas Legislature, RegUlar Session, Effective 9/1/13]
ARTICLE 32. PROHIDITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE
(applies to cubrecipic its as well as States)
The State and each subrecipient will not use 23 U.S.G. Chapter 4 grant funds for programs to check
helmet us: -cue or!,,-) create checkpoints that specifically target motorcyclists.
ARTICLE 33. 1IT! ! :RNAL ETHICS AND COMPLIANCE PROGRAM
Subgra.,tee sh {:. •. i;;ly with Title 43 Texas Administrative Code §25:906(b). Subgrantee certifies it
has adopted an i, sternal ethics and compliance program that satisfies the requirements of Title 43
Texas A.drninistr :.i«e Cade §10.51 (relating to Internal Ethics and Compliance Prograin). Subgrantee
shall erfoccc, coii,pli ;.nce with that program.
2022-Beaumont-S-1 YG-00084 Printed On:. 9/7%2021 Page 19 of 31
City of Beaumont Police Department
STEP Comprehensive 2022
FO REVIEW ONLY o NO"I A LEGAL: DOCUMENT
RESPONSIBILITIES OF THE SUBGRANTEE
A. Carry, out all performance -measures established in the grant, including fulfilling the law
enforcement objectives by implementing the Operational Plan contained. in this Grant
Agreement.
B. Submit all required reports to the Department-(TxDOT) fully -completed with the most current
information, and within the required;times, as'defined in Article 3 and Artiele.7 otthe General
s Termand. Conditions of this Grant;Agreeme.nt. This in.cfudes: reporting to:the Department on
progress, achievements, and problems in monthly Performance RepQt%and attaching
necessary source documentation to support all costs claimed in Requests for Reimbursement
(RFR).
C. Attend grant related training as requested by the Department
D. Attend meetings according to the following:
1. The Department will arrange for meetings with the Subgrantee to presentstatus _of activities
and to discuss problems and the schedule for grant.related activities.
2. Theproject director or other appropriate qualified persons will.beAvailable to represent:the
Subgrantee atmeetings requested by the Department.
E. Support grant enforcement efforts with public i nformati on. and education (PI&E) activities.
Salaries being.claimed for PI&E activities must be included inthe budget.
F. For out of state travel. expenses to be reimbursable,.the;,Subgrantee must have obtained the
written approval of the Department, through eGi-ants system messaging, prior to the beginning
of the trip. Grant approval does not satisfy this requirement..
G. Maintain verification, that Lill expenses, including wages or salaries, forvuhich reimbursement
is requested, isfor work exclusively related to this project.
H. Ensure that this grant will in no way.supplant (replace) funds from other sources.
Supplanting refers to the use of federal,funds to support personnel.or any activity already
supported by local or state lunds.
I. Ensure that each officer ~working on the STEP project will complete an officer's daily activity
report form. The.form should include at a minimum: name, date, badge or identification
number, type of grantworked, Enforcement. Zone identifier; mileage-(i icluding starting and
ending mileage), hours worked, type of warning or citation,issued or arrest -made, officer.and
S pervisor signatures.
J. All STEP agencies must provide the following provision. n all daily activity report forms:
"I understand that this information is being submitted to support a claim against a federally-
fnnriprl nrant rnrnnram r=arcA ctntPmAntc nn thic fnrm may ha nrncpriitnhlp iinripr 1R l I (:
2022-Beaumont-S-1YG-00084 Printed On: 9/7/2021 Page 20,of.31
City of Beaumont ,Police Departiment
STER Cbrhprehensiv.e 2022
11,001. - Thislinformat information on this form is trLie, correct,. and
complete to -the besttof my knowledge
and Ability."
The above languages should be addledJothe activity reports immediately above the signature
lines of the officer and: supervi sor.
K'Ensur ' ethat no officer above the rank of UeLltenant.'(or equiValent title) will be reimbursed for
enforcement duty Unless the SUbgraritee received specific,written authorization from the
Department, thrOLIgh, eGrants system messaging, prior to. incurring costs.
Llf An officer makes a STEP -related arrest c1dring the shift; but does not complete the arrest
before the shift is -scheduled to end, (lie officer can continue, . working Linder . t I he-grantto
-complete that, arrest.,
M, The- , Subgrantee 'S'IIOLIld have a.safety. belt use policy. If the Subgrantee, does not have a
safety belt Use,policY in place, a policy should be implemented, and a copy-maintained"for
verification during the,grant year.
N. Officers working DWI enforcement must be trained in the National Hig'fiwp'yTraffic.Safbty
Administi'atioi-dlnternritioiiaI Association of Chiefs of Police Standardized Field Sobriety
Testing (SFST).'1n.the..,case of a first year subgrantee, the officers Must be trained, or
sche,dUled to be SFST trained, by the end of the grant year,- For seconclor-subsequent year
grants, rbnts, all officers, working DWI enforcement must be SFST.tra.ined.
O. The SUbgrantee should have a'procedur(i in pine for contacting, andAlsirig drug recognition
experts (DREs) when, necessary.
P. The SUbgrantee is encouraged 10 Use the,DWI On-line ReportingSystem-Wailable through
the Bbcklo.up Texas Web site at vNAy.bLfckIeUotexas_cohj.
Revised- 11/07/2017
2022- Be8 u rno nt-S- 11YG-0 0 0 84 Printed On: 9/7/2021 Page 21 of 31
City of.8eaumont Police Department
STEP Comprehensive 2022
FOR P.EVIEW ONLY -NOT .A LEGAL DOCUA]ENVT
RESPONSIBILITIES OF THE -DEPARTMENT
A. MoNtor the Subgra.ntee's compliance with the performance.obligations and fiscal
requirements of this Grant Agreement using appropriate. and -necessary monitoring and
inspections, including but not limited to:
1. review of periodic reports
2. physical inspection of project records and supporting documentation.
3. telephone conversations
4. e-mails and letters
5. quarterly review meetings
6. eGrants
B'. Provide program management and technical assistance.
C. Attend:appropriate meetings.
D. ReimbUrse the. Subgrantee for .all eligible costs as defined in the project.budget. Requests
for Reimbursement twill be processed up to the,maximuin'amount payable as indicated in
the project budget.
E. Perform an administrative review of the project.atthe close of the grant period to:
1. Ascertain whether or not the project objectives were:met
2. Review project accomplishments (performance measures°completed; targets achieved)
3. Account for any -approved Program Income earned and expended
4. Identify exemplary performance or best practices
2022-Beaumont-S=1"YG-00084 Printed On: 9Y7/2021 Page 22 of 31
City of, - Beaumont Ro-licb D60zittm-eht
STEP Cbmpfehensive* 2022
FOIE rEVAA17 MY --NOT-A LEGAL DOCUNItNT
.GOALS AND STRATEGIES
Godk .,To increase effbcti,ve erforteMent and adjudication of trafflip'safet -re law
s
-to(OdUce.cra§hesf6t0fies,.andJnjUries. Strategies, Increase and sustain high visibility enforcement of traffic safety -related laws,
Increase public edL[Cati'On and infort-nafion,campaigns regarding enforcement
activities.
Goal" To reduce the nurnber'of alcohol impaired ' and driving under -the influence of
alcohol and other drug -related crashers., in jqiiesi and fatalities.
$trategyIncrease and sustain high visibility ehfarce mont.of DWI laws,
G661:1 To increise-oc,cupatit-re5traiiituse in.Eill_passpngot-9,Wi"C'Ies-,andtr'ucks;
Strategy_:; ;- Increase,andspstaip hidhmisi, l ty enforcement -of occupant-protp. aws
Goal:- To reduce the number of speed-reiate.d crashes, -injuries; and'fatalities.,
'$trA tagy' Increase and sustain, high visibility enforcement of speed -related laws.
Goal To reduce'iilt6t§ecti'oh!,!reldte'd Motorvdhicle.crashes, irijuriet,and.fatalities.
Strategy:, Increase and sustain High visibility enforcement of Intersection Traffic Control
(ITC) lal,vs-
G661:, To reduce Dittra.ded Drivino motor vehlcle,:.crathes, injuries,
es, andfaldlifies.
Ihc(easand sustain high visibility enforcement of -state and. local ordinances.On
Strategies, e,cello at a nd- textitig-devi ces
Increase public information and education -on -Distracted Driving related traffic -
issues.
,�-,Jagree,.to the above goals- and,strategies.
Page 23 of,31
2022 Beaumofit-S-IYG-00084 Printed On." 0/1)QQ21, " -
City of'BebLIMOnt Police Departm—ent
STEP'Gompr,ehensive 2022
FOP, RE VItW ONLY - NOT A. LEGAL DOCUMENT
OPERATIONIAL-PLAN
z0iI&MAftIe' Zone 2
Zon6.Loc-at.io,u HNvy 90 (College St.) from IH- 10 to, FM 364
zolfe-Eburs 241'7 Enforcement
zt)n'eHqAt INIAp hUps-WvW.N -4oUtdeAx.u*p
ps-legrant5,_Vpload/1022923-337651:-
(attach) FY2022Zone2.pdf
2'022-13e,aurnont-S-1 YG-00084 Printed On: 9/7/2021 Page 24 df"131
City of Bba'ufnbnt Police Departhieht
-STERC&npt6h'ensi\te 2022
FOR REIIIENY, ONLY -'NOT A LEGAL DO CUNNENT
OPERATIONAL PLAN
Zone. Nawe : Zone 3
Zone Location,4 us 69froiii -m-lo to ivest Port Arthur Rd
Zone Hours : 241' 7 Enforcement
Zone Heat Alap littps-*!,, fegrotsLup
*WNY,_d0t.stateJx.0s., foadllM514 137651-
.4pp s
(attach)" FY2022Zon63.pdf'
2022-Beaumont-S-1 YG-00084 Printed Oii: 9177/2021 Page 25 of 3l
City of Beaumont Police Department
,STEP .Comprehensive 2022
FOR l lIE, W ONLY - NOT A LEGAL DOCUNIENT
OPERATIONAL PLAN'
Zone Name : Zone 4
Zone Location: US HN y 69/96/287 from Lucas.Dr. to Lawrence Dr.
Zone Hours-: 24i7 Enforcement
Zone Heat 'Map; 'httpss.h««N,.d'ot.state.tx.uslappslegrants._Uploadi1022925_337651-
(attach) EY2022Zdne4.pdf
2022' Beaumont-S-1YG-00084 Printed On 9L7/2021 Page 26 of 31
City of.B;eaumont Police,. Department
STEP Comprehensive 2022
FOR RE17 ENI ONLY - NOT A LEGAL DOCU11rIENT
OPERATIONAL PLAN
Zone .N ame : B,eaumont FY2022 STEP Comp
Zoue Locatiou : All Zones
Zone Hours 24/7;Entorcement
Zone,Heat littpslJi««N,.dot.state.tx_uslapps/egrants.L Vptoad/I022927_337.651-
Map -.--(attach) BeaumontFY2022STEPCoiiipl,Iap.pdf'
2022`-Beaumont-S'=1-YG-00084 Printed On:. 9/7/2021 Page'27 of 31
City of Beaumont Police Department
STEP C`omprehensiue 2022
FOR..REXUI OIr'LY - NOT A LEGAL"DOCUA+I,NT
BASELINE WF.ORAUTION
Baseline Definition: A.iimub.er serNT g as a foimdadbn for subgrantees.to measure pre -grant traffic
enforcement acti<rity. Baseline information must be pro-,ridedby die subgrantee in: order to identify'local
traffic enforcement related activity! This ipformation should "exclude any acthity'generatedwith STEP grant
dollars. Onee.tlie baseline is established; these figures «will be used to compare °subsequent year's local and
granf traffic enforcement acth ity.
Note for Arrests/Citations. and Wriften Warnings: Baseline..dataused must be no older than 2019.
Note: M4 Crashes: KA crash data is prodded to subgrantees t1rough the RFP document. Each
juris,diatioii is pi o�7ded;tiritli correspot�duig KA crash numbers based on a duee-year rolluig average.
County -level agencies should use the data from "Rural X County."
Baseline Year for ArrestsiCitations'atd «fritter
Warnings (12.montlis)'
Baseline Measure
Drirnvg t?iider Influence. (DUD
Speed
Safety B elt
Child safe"hi Seat
Intersection Traffic Control (ITC)
Distracted Driv i g Citations
Other Elements
From 111/2020 To 12131/2020
Mrtif in,
Arrests/Citations, warninIts:
185 0
3445 0
504 0
2.28 0
1160 0
0 0
105 0
If you leave additional attaclunents, prof de their on die "Attaclunents"page.
KA
Crashes
10
6
13
34
2022-Beaumont-S-1 YG-00084. Printed On: 9/7/2021 Page. 28 of 31
City of Beaumont Police Department
STEPComprehensive 2022
Fisk REVIE MIT ONLY - NOT A LEGAL. DOCUMENT
I—AIVEN7, ORCEINIENT`T "OBJECTIVE/PERFORIVIANCE .IIEASU.RE
Target
ObjectivelPerfortuauce Measure Target Not -Applicable
Number
Reduce the nuttier of`Alcoliol-Invohred.(DNIrDUI) KA-crashes 9
toto
Reduce the number of All OP-related-(Seatbelt and Child
Passenger SaIG�. fay) ,.crashes to 10
Reduce. the number of Speed -related crashes to 5
Reduce the ttutiiber of ITC -related ct a lies to 30
N'othiuc iu this noceetueut shall -be iuterpreted as a requirement, formal or informal, that
a peace officer issue n specifted:orpredetermiued numlier of citations -in pursuance of"the
Subgrante.e's oblivations hereunder..Departmeut and Subgrantee acknowledge that.Texas
Transport-atiou Code Sectiou 720-002 prohibits using h•affic-offense quotas and agree that
nothing in this Agreement is establishing an illegal quota.
In addition -to -the STEP enforcement. activities, thesubgrautee mustniaintainbaseline-non-
STEP funded citation and arrest aetty tv due to the prohibition.of supplanting.
2022-Beaumont-S-1 YG-00084. Printed On: 9/712021 Page 29 of 31
City of Beaumont Police Department
STERComprelie nsive 2022
FOR P.EN'IEW ONLY - NOT A LEGAL DOCUMENT
PIS,rE OBJECTIN'E/PERFORllIANCE 11IIEr1SURE
XI agree to die below efforts wide a public information and education,08—,E) program.
a. Conduct a mEi nun of five (5) presentations
b. Conduct a mininnun of five (5) media exposures (e.g. news conferences, nee<<s releases, and interviews)
c. Conduct a iii.Lium of Lwo (2) conunwvty events (e.g. healdi fairs, .booths)
2022-Beaumont-S-1 YG-00084 Printed On: 9/7/2'021 Page 30 of 31
City of Bbaumont Pblice, Department
STEP Cof-bprehe'nsiVe 2022
FOR, P,2 VIE NY ONLY - NOT A LEGAL DOCUMENT
BUDGET SUMMARY
Bu.� d grettape gory I
TOOT
Match
Total
Categ'ory 1, Labor,Cos I is,
»
(1oo)
Salaries:
I
'$93,850.00
$0
F
(200),
-Fringe Benefits,:
—
F so
$19,,577.11
SubTotal:
'T93'850'.00
$19,$77.11
$11 q,07:11
Category'll' - Other Direct Costs
(306)
[Travel:
$o
$o.
.$o
(400�),
(500)
(600)
I Equipment:
Supplies:
Contractual
Sep
I $o
10 $o
$0 $0
$0
to
$o
(700)
Other
rviiscellaneous:"
$o
$0
$0
Total:.
$0
F
$o
T.otalI-Dif,ec-ttxsLs:
$93,850,00,
I s 19 t 17.11
:C6t.eqoryjll - Indirect,Cqsts
(800)
Indirect Cost
Rat I di,
F $0
$7,427.29'
7,,427.2.9
Surnmary.
Total Ubor
Costs:
$93,850.00
$19,577.11
$113',427.11
Total Direct
costs:
$0
$0
$0
Total indirect
Costs:
$0
F
$7,427.29,
'4�7
$7, .29
Grand Total
$93,850O0Q.
$27,004.40
Fund Sources
(Percent
Share):
77.66%
22i34%
Salary and cost rates wi 11 be based on,the rates submitted by the Subgrantlee in its grarit application in
Egrants.
2022-Be---ILlmorit-S-1,Y'O'-000.84 Printed On,: 9/712021 Pag6 31 :OU81
-CIC111.SAM, oov°
Entity Workspace Results 1 Total Results
BEAUMONT, CITY OF
[:Du -Ns Unique°.EntitylD:,0739min 'Physi_calAddress:
801 MAIN ST
sAM Unique Entity ID: JELUBUlG59Z9
BEAUMONT,TX
CAGE/NCAG E: 3LLN2 77701'-3548 _USA
Expiration Date:
Sep 01,:2022
Purpose of Registration::
Federa[Assistance Awards