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HomeMy WebLinkAboutRES 23-256RESOLUTION NO. 23-256 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute all documents necessary to accept the project titled "Step Comprehensive Fiscal Year 2024." 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 THE CITY COUNCIL of the City of Beaumont this the 19th day of September, 2023. Mayor Roy West - Texas Traffic Safety Brant Fiscal Year 2024 Organization Name: City of Beaumont Police Department Legal Name: City of Beaumont Payee Identification Number: 17460002789003 Project Title: STEP Comprehensive Period: 10/01/2023 to 09/30/2024 City of Beaumont Police Department STEP Comprehensive 2024 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 GovernmentlTranatt District. AUTHORITY: Texas Transportation Code, Chapter 723, the Traffic Safety Act of 1967, and the Highway Safety Performance Plan for the Fiscal Year 2024. 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) : JELUBUIG69Z9 FAIN: 300004020TXO 69A37624300004020TX0 Project. Title: STEP Comprehensive This project Is Not Research and Development Grant Period: This Grant becomes effective on 1010112023 or on the date of final signature of both parties, whichever is later, and ends on 09/3012024 unless terminated or otherwise modified. Total Awarded: $117,788.72 Amount Eligible for Reimbursement by the Department: $89,970.00 Match Amount provided by the Subgrantee: $27,818.72 2024-Beaumont-S-1YG-00064 Printed On: 812/2023 Page 1 of 30 City of Beaumont Police Department STEP Comprehensive 2024 FOR 171ENA' ONLY - NOT A LEGAL DOCUMENT GRANT AGREEMENT GENERAL TERMS AND CONDITIONS (Revrsed.0711812019) Definitions: For purposes of these Terms and Conditions, the "Department" is also known as the "State" and the "prospective primary participant" and the "Subgrantee" is also known as the "Subrecipient" and "prospective lower tier participant" ARTICLE 1. COMPLIANCE WITH LAWS The Subgrantee shall comply with all federal, state, and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals In any matter affecting the performance of this agreement, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination laws and regulations, and licensing laws and regulations. When required, the Subgrantee shall furnish the Department with satisfactory proof of compliance. ARTICLE 2. STANDARD ASSURANCES The Subgrantee assures and certifies that It will comply with the regulations, policies, guidelines, and requirements, including 2 CFR, Part 200; and the Department's Traffic Safety Program Manual, as they relate to the application, acceptance, and use of federal or state funds for this project. Also, the Subgrantee assures and certifies that: A. It possesses legal authority to apply for the grant; and that a resolution, motion, or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained in the application, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide any additional information that may be required. B. It and its subcontractors will comply with Title VI of the Civil Rights Act of 1964 (Public Law 88- 352), as amended, and in accordance with that Act, no person shall discriminate, on the grounds of race, color, sex, national origin, age, religion, or disability. C. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970, as amended; 42 USC (United States Code) §§4501 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 subreciplents as well as States). The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508) which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds- E. It will comply with the federal Fair Labor Standards Act's minimum wage and overtime requirements for employees performing project work. F. It will establish safeguards to prohibit employees f1'0111 using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 2024-Beaumont-S-1YG-00064 Printed On: 8/2/2023 Page 2 of 30 City of Beaumont Police Department STEP Comprehensive 2024 G. It will give the Department the access to and the right to examine all records, books, papers, or documents related to this Grant Agreement. H. it will comply with all requirements imposed by the Department concerning special requirements of law, program requirements, and other administrative requirements. I. It recognizes that many federal and state laws imposing environmental and resource conservation requirements may apply to this Grant Agreement. Some, but not all, of the major federal laws that may affect the project include: the National Environmental Policy Act of 1969, as amended, 42 USC §§4321 et seq.; the Clean Air Act, as amended, 42 USC §§7401 et seq. and sections of 29 USC; the Federal Water Pollution Control Act, as amended, 33 USC §§1251 et seq.; the Resource Conservation and Recovery Act, as amended, 42 USC §§6901 et seq.; and the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42 USG §§9601 et seq. The Subgrantee also recognizes that the U.S. Environmental Protection Agency, USDOT, and other federal agencies have issued, and in the future are expected to issue, regulations, guidelines, standards, orders, directives, or other requirements that may affect this Project. Thus, it agrees to comply, and assures the compliance of each contractor and each subcontractor, with any federal requirements that the federal government may now or in the future promulgate. J. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, 42 USC §4012a(a). Section 102(a) requires, on and after March 2, 1976, the purchase of flood insurance in communities where that insurance is available as a condition for the receipt of any federal financial assistance for construction or acquisition purposes for use In any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any form of direct or indirect federal assistance. K. It will assist the Department in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470 et seq.), Executive Order 11593, and the Antiquities Code of Texas (National Resources Code, Chapter 191). L. It will comply with Chapter 673 of the Texas Government Code by ensuring that no officer, employee, or member of the Subgrantee's governing board or the Subgrantee's subcontractors shall vote or confirm the employment of any person related within the second degree of affinity or third degree by consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise that person. This prohibition shall not apply to the employment of a person described in Section 673.062 of the Texas Government Code. M. It will ensure that all information collected, assembled, or maintained by the applicant relative to this project shall be available to the public daring 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 561 of the Texas Government Code, which requires all regular, special, or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution, ARTICLE 3. COMPENSATION A. The method of payment for this agreement will be based on actual costs Incurred up to and not to exceed the limits specified in the Project Budget. The amount included in a Project Budget category will be deemed to be an estimate only and a higher amount can be reimbursed, subject to the conditions specified in paragraph B of this Article. If the Project Budget specifies that costs are 2024-Beaumont-S-1YG-00064 Printed On: 8/2/2023 Page 3 of 30 City of Beaumont Police Department STEP Comprehensive 2024 based oil a specitrc rate, per -unit cost, or other method of payment, reur►bursement will be based oil 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 (1, II, or III) in the approved Project Budget without a grant (budget) amendment, as long as the overrun does not exceed a total of five (5) percent of the maximum amount eligible for reimbursement (TxDOT) in the attached Project Budget for the current fiscal year. This overrun must be off -set by an equivalent underrun elsewhere in the Project Budget, 2. If the overrun is five (6) percent or less, the Subgrantee must provide written Notification to the Department, through the TxDOT Electronic Grants Management System (eGrants), prior to the Request for Reimbursement being approved. The notification must indicate the amount, the percent over, and the specific reason(s) for the overrun. 3. Any overrun of more than five (6) 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 111. C. To be eligible for reimbursement under this agreement, a cost must be incurred in accordance with the Project Budget, within the time frame specified in the Grant Period of this Grant Agreement, attributable to work covered by this agreement, and which has been completed in a manner satisfactory and acceptable to the Department. D. Federal or TxDOT funds cannot supplant (replace) funds from any other sources. The term „supplanting," refers to the use of federal or TxDOT funds to support personnel or an activity already supported by local or state funds. E. Payment of costs incurred under this agreement is further governed by the cost principles outlined in 2 CFR Pail 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 (46) days of the end of the grant period. H. Payments are contingent upon the availability of appropriated funds. 1. Project agreements supported with federal or TxDOT funds are limited to the length of this Grant Dnrinrf c nra Mnd in this. (`.rant Anrnnn�nnf If thn nnr%asininnf Antnrminnn fhof fhn nrnionf han 2024-Beaumont-S-iYG-00064 Printed On: 8/2/2023 Page 4 of 30 City of Beaumont Police Department STEP Comprehensive 2024 1 GI IUU Ot.l Ot.11 IOU III tl IIa VI dl It 11 1 GGI k 101 Il. 11 tilt; L vIial tI 1101 it Utwol 11 III IG;!, tl lat Lim vl UjGt.t I Ia.'7 demonstrated merit or has potential long-range benefits, the Subgrantee may apply for funding assistance beyond the initial agreement period. Preference for funding will be given to projects based on (i) 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 ally time during this Grant Period, the Department determines that there is insufficient funding to continue the project, the Department shall notify the Subgrantee, giving notice of intent to terminate this agreement, as specified in Article I f of this agreement. If at the end of a federal fiscal year, the Department determines that there is sufficient funding and performance to continue the project, the Department may notify the Subgrantee to continue this agreement. ARTICLE 6. AMENDMENTS This agreement may be amended prior to its expiration by mutual written consent of both parties, utilizing the Grant Agreement Amendment in eGrants. Any amendment must be executed by the parties within the Grant Period, as specified in this Grant Agreement. ARTICLE 6. ADDITIONAL WORK AND CHANGES IN WORK A. If the Subgrantee is of the opinion that any assigned work is beyond the scope of this agreement and constitutes additional work, the Subgrantee shall promptly notify the Department in writing through eGrants. If the Department finds that such work does constitute additional work, the Department shall advise the Subgrantee and a written amendment to this agreement will be executed according to Article 6, Amendments, to provide compensation for doing this work on the same basis as the original work. If performance of the additional work will cause the maximum amount payable to be exceeded, the work will not be performed before a written grant amendment is executed. B. If the Subgrantee has submitted work in accordance with the terms of this agreement but the Department requests changes to the completed work or parts of the work which Involve changes to the original scope of set -vices or character of work under this agreement, the Subgrantee shall make those revisions as requested and directed by the Department. This will be considered as additional work and will be paid for as specified in this Article. C. If the Subgrantee submits work that does not comply with the terms of this agreement, the Department shall instruct the Subgrantee to make any revisions that are necessary to bring the work Into compliance with this agreement. No additional compensation shall be paid for this work. D. The Subgrantee shall make revisions to the work authorized in this agreement that are necessary to correct errors or omissions, when required to do so by the Department. No additional compensation shall be paid for this work. E. The Department shall not be responsible for actions by the Subgrantee or any costs inct.trred by the Subgrantee relating to additional work not directly associated with or prior to the execution of an amendment. ARTICLE T. REPORTING AND MONITORING A. Not later than thirty (30) days after the end of each reporting period, the Subgrantee shall submit a 2024-Beaumont-S-1YG-00064 Printed On: 8/2/2023 Page 5 of 30 City of Beaumont Police Department STEP Comprehensive 2024 rJCI IU1I I lal lut: I tpul t L1I1 ULIU1 i eul dl ilti. MtJJUI L1111U. 'JCI iUUb VU1 Y 1Jy tll UIMA UUHAIUI I W IU di a UCIII ICU i1u follows: 1. For short term projects, the reporting period is time 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. SUbgtantee shall submit a performance report within 30 days of the completion of each project month and within 30 days of project completion. 3. For Selective Traffic Enforcement Program (STEP) Wave projects, the reporting period is each billing cycle. Subgrantee shall submit a performance report within 30 days of time completion of each billing cycle. S. The performance report will include, as a minimum: (1) a comparison of actual accomplishments to the objectives established for the period, (2) reasons why established objectives and performance measures were not met, if appropriate, and (3) other pertinent information, including, when appropriate, an analysis and explanation of cost underruns, overruns, or high unit costs. C. The Subgrantee shall promptly advise the Department in writing, through eGrants, of events that will have a significant impact upon this agreement, including: J. Problems, delays, or adverse conditions, including a change of project director or other changes in Subgrantee personnel, that will materially affect the ability to attain objectives and performance measures, prevent the meeting of time schedules and objectives, or preclude the attainment of project objectives or performance measures by time established time periods. This disclosure shall be accompanied by a statement of the action taken or contemplated and any Department or federal assistance rmeeded to resolve the situation. 2. Favorable developments or events that enable meeting time schedules and objectives sooner than anticipated or achieving greater performance measure output than originally projected. D. The Subgrantee shall submit the Final Performance Report through eGrants within thirty (30) days after completion of the grant. ARTICLE 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 "Records"), and shall make the Records available at its office for the time period authorized within the Grant Period, as specified in this Grant Agreement. The Subgrantee further agrees to retain the Records for four (4) years from the date of final payment under this agreement, until completion of all audits, or until pending litigation has been completely and fully resolved, whichever occurs last. Duly authorized representatives of the Department, the USDOT, the Office of the Inspector General, Texas State Auditor, and the Comptroller General shall have access to the Records. This right of access Is not limited to the four (4) year period but shall last as long as the Records are retained. ARTICLE 9. INDEMNIFICATION A. To the extent permitted by law, the Subgrantee, if other than a government entity, shall indemnify, hold, and save harmless the Department and its officers and employees from all claims and liability due to the acts or omissions of the Subgrantee, its agents, or employees. The Subgrantee also agrees, to the extent permitted by law, to indemnify, hold, and save harmless the Department from any and all expenses, including but not limited to attorney fees, all court costs and awards for ir—A 1— #1,- rl..r..,.i.».,-+ i., ....,.• .,.... —• ' & 2024-Beaumont-S-1YC-00064 Printed On: 812i2023 Page 6 of 30 City of Beaumont Police Department STEP Comprehensive 2024 Uctl I IGyCS It IL.III I UU Wy U M L opal tI I ICI It 111 1109tillU1 l UI UtI IGI YYIOC I Matall lky. wall I it, Ul IIclUit ums Qb d I uz-vit of any activities of the Subgrantee, its agents, or employees. B. To the extent permitted by law, the Subgrantee, if other than a government entity, agrees to protect, indemnify, and save harmless the Department from and against all claims, demands, and causes of action of every kind and character brought by any employee of the Subgrantee against the Department due to personal injuries to or death of any employee resulting from any alleged negligent act, by either commission or omission on the part of the Subgrantee. C. If the Subgrantee is a government entity, both parties to this agreement agree that no party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds, as well as the acts and deeds of its contractors, employees, representatives, and agents. ARTICLE 10. DISPUTES AND REMEDIES This agreement supersedes any prior oral or written agreements. If a conflict arises between this agreement and the Traffic Safety Program Manual, this agreement shall govern. The Subgrantee shall be responsible for the settlement of all contractual and administrative issues arising out of procurement made by the Subgrantee in support of work under this agreement. Disputes concerning performance or payment shall be submitted to the Department for settlement, with the Executive Director or his or her designee acting as final referee. ARTICLE 11. TERMINATION A. This agreement shall remain In effect until the Subgrantee has satisfactorily completed all services and obligations described in this agreement and these have been accepted by the Department, unless: 1. This agreement is terminated in writing with the mutual consent of both parties; or 2. There is a written thirty (30) day notice by either party; or 3. The Department determines that the performance of the project is not in the best interest of the Department and informs the Subgrantee that the project is terminated Immediately. B. The Department shall compensate the Subgrantee for only those eligible expenses incurred during the Grant Period specified in this Grant Agreement that are directly attributable to the completed portion of the work covered by this agreement, provided that the work has been completed in a manner satisfactory and acceptable to the Department. The Subgrantee shall not incur nor be reimbursed for any new obligations after the effective date of termination. ARTICLE 12. INSPECTION OF WORK A. The Department and, when federal funds are involved, the USDOT, or any of their authorized representatives, have the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed under this agreement and the premises in which it is being performed. B. If any inspection or evaluation is made on the premises of the Subgrantee or its subcontractor, the Subgrantee shall provide and require its subcontractor to provide all reasonable facilities and assistance for the safety and 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. 2024-Beau mont-S-1 YG-00064 Printed On: 8/2/2023 Page 7 of 30 City of Beaumont Police Department STEP Comorehensive 2024 ARTICLE 13. AUDIT The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under this agreement or indirectly through a subcontract under this agreement. Acceptance Of funds directly under this agreement or indirectly through a subcontract under this agreement acts as acceptance of the authority of the State Auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. ARTICLE 14. SUBCONTRACTS A subcontract in excess of $25,000 may not be executed by the Subgrantee without prior written concurrence by the Department. Subcontracts in excess of $25,000 shall contain all applicable terms and conditions of this agreement. No subcontract will relieve the Subgrantee of its responsibility under this agreement. ARTICLE 15. GRATUITIES A. Texas Transportation Commission policy mandates that employees of the Department shall not accept any benefit, gift, or favor from any person doing business with or who, reasonably speaking, may do business with the Department under this agreement. The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of the Department's Executive Director. B. Any person doing business with or who reasonably speaking may do business with the Department under this agreement may not make any offer of benefits, gifts, or favors to Department employees, except as mentioned here above. Failure on the part of the Subgrantee to adhere to tills policy may result in termination of this agreement. ARTICLE 16. NONCOLLUSION The Subgrantee warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Subgrantee, to solicit or secure this agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this agreement. If the Subgrantee breaches or violates this warranty, the Department shall have the right to annul this agreement without liability or, in its discretion, to deduct fror n the agreement price or consideration, or otherwise recover the full amount of such fee, commission, brokerage fee, contingent fee, or gift. ARTICLE 17, CONFLICT OF INTEREST The Subgrantee represents that it or its employees have no conflict of interest that would in any way Interfere with its or its employees' performance or which in any way conflicts with the interests of the Department. The Subgrantee shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the Department's interests. ARTICLE 18, SUBGRANTEE'S RESOURCES A. The Subgrantee certifies that it presently has adequate qualified personnel in its employment to 2024-Beaumont-S-1YG-00064 Printed On: 8/2/2023 Page 8 of 30 City of Beaumont Police Department STEP Comprehensive 2024 perform the work required under- this agreement, or will be able to obtain such personnel from sources other than the Department. B. All employees of the Subgrantee shall have the knowledge and experience that will enable them to perform the duties assigned to them. Any employee of the Subgrantee who, in the opinion of the Department, is incompetent or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project. C. Unless otherwise specified, the Subgrantee shall furnish all equipment, materials, supplies, and other resources requited 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 (t) the Department's procurement and property management standards and (2) the federal procurement and property management standards provided by 2 CFR §§ 200.310-.3116, 200.318-.324. ARTICLE 20. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY Upon completion or termination of this Grant Agreement, whether for cause or at the convenience of the parties, all finished or unfinished documents, data, studies, surveys, reports, maps, drawings, models, photographs, etc. prepared by the Subgrantee, and equipment and supplies purchased with grant funds shall, at the option of the Department, become the property of the Department. All sketches, photographs, calculations, and other data prepared under this agreement shall be made available, upon request, to the Department without restriction or limitation of their further use. A. Intellectual property consists of copyrights, patents, and any other form of intellectual property rights covering any databases, software, inventions, training manuals, systems design, or other proprietary information in any form or medium. B. All rights to Department. The Department shall own all of the rights (including copyrights, copyright applications, copyright renewals, and copyright extensions), title and interests in and to all data, and other information developed under this contract and versions thereof unless otherwise agreed to in writing that there will be joint ownership. C. All rights to Subgrantee. Classes and materials initially developed by the Subgrantee without ally type of funding or resource assistance from the Department remain the Subgrantee's intellectual property. For these classes and materials, the Department payment is limited to payment for attendance at classes. ARTICLE 21. SUCCESSORS AND ASSIGNS The Department and the Subgrantee each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of the other patty 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 2024-Beaumont-S-1YG-00064 Printed On; 8/2l2023 Page 9 of 30 City of Beaumont Police Department STEP Comprehensive 2024 A. Compliance with regulations: The Subgrantee shall comply with the regulations relative to nondiscrimination in federally -assisted programs of the United States Department of Transportation (USDOT): 49 CFR, Part 21; 23 CFR, Part 200, and 41 CFR, Parts 60-74, as they may be amended periodically (called the "Regulations"). The Subgrantee agrees to comply with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 and as supplemented by the U.S. Department of tabor regulations (41 CFR, Part 60). B. Nondiscrimination: (applies to subrecipients as well as States) The State highway safety agency will comply with all Federal statutes and implementing regulations relating to nondiscrimination ("Federal Nondiscrimination Authorities"). These include but are not limited to: . Title VI of the Civil Rights Act of 1964 (42 U.S.C_ 2000d et seq., 78 stat_ 252), (prohibits discrimination on the basis of race, color, national origin) and 49 CFR part 21; . The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); . Federal -Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1686-1686) (prohibit discrimination on the basis of sex); . Section 604 of the Rehabilitation Act of 1973 , (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; . The Age Discrimination Act of 1976, 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 1976 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, srbrecipients and contractors, whether such programs or activities are Federally -funded or not); . Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability In the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38; • Executive Order 12898, Federal Actions to Address Environmental Justice In Minority Populations and Low -Income Populations (prevents discrimination against minority Populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); and . Execrative Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FR 74087-74100). The State highway safety agency - Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race, color, national origin, disability, sex, age, limited English proficiency, or membership in any other class protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the program is Federally -assisted; Will administer the program in a manner that reasonably ensures that any of its subrecipients, nnnlrnrinrc ojthrnnlrarfnrc onrl rnn�jdionfc ran.;%Ann Carlar�l finonrial anoiokanrra iindf rOil- 2024-Beaumont-S-1YG-00064 Printed On: 8l212023 Page 10 of 30 City of Beaumont Police Department STEP Comprehensive 2024 Lill ILI int tu13, .7uvuuI ill autup 3, Ci11U UU11-34111C11 MCP 1 V.6ViVII W I GUCI CII III ICII IWC11 CIC .Wa71C1114.v 11i1UC l U 110 program will comply with all requirements of the Non -Discrimination Authorities Identified in this Assurance; Agrees to comply (and require its subrecipients, contractors, subcontractors, and consultants to comply) with all applicable provisions of law or regulation governing US DOT's or NHTSA's access to records, accounts, documents, information, facilities, and staff, and to cooperate and comply with any program or compliance reviews, and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination Authority-, • Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising under these Non -Discrimination Authorities and this Assurance; • Agrees to insert in all contracts and funding agreements with other State or private entities the following clause: "During the performance of this contract/funding agreement, the contractor/funding recipient agrees - a. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time; b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non- discrimination law or regulation, as set forth in appendix B of 49 CFR part 21 and herein; c. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; d. That, in event a contractor/finding recipient falls to comply with any nondiscrimination provisions in this contract/funding agreement, the State highway safety agency will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient raider the contractlagreement until the contractor/funding recipient complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part; and e. To insert this clause, including paragraphs (a) through (e), in every subcontract and subagreement and in every solicitation for a subcontract or sub -agreement, that receives Federal funds under this program. C. Solicitations for subcontracts, including procurement of materials and equipment: in all solicitations either by competitive bidding or negotiation made by the Subgrantee for work to be performed under a subcontract, including procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the Subgrantee of the Subgrantee's obligations under this agreement and the regulations relative to nondiscrimination on the grounds of race, color, sex, national origin, age, religion, or disability. D. Information and reports: The Subgrantee shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Department or the USDOT to be pertinent to ascertain compliance with the Regulations or directives. Where any Information required of the Subgrantee is in the exclusive possession of another who falls or refuses to furnish this information, the Subgrantee shall certify that to the Department or the USDOT, whichever is appropriate, and shall set forth what efforts the Subgrantee has made to obtain the requested information. E. Sanctions for noncompliance: In the event of the Subgrantee's noncompliance with the nondiscrimination provision of this agreement, the Department Shall impose such Sanctions as it or the t mnOT mm/ riatprmina to hp gnnrnnriatP 2024-Beaumont-S-1YG-00064 Printed On: 8/2/2023 Page 11 of 30 City of Beaumont Police Department STEP Comprehensive 2024 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 sutpplier as a result of such direction, the Subgrantee may request the Department to enter into litigation to protect the interests of the state; and in addition, the Subgrantee may request the United States to enter into such litigation to protect the interests of the United States. ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM A. The parties shall comply with the DBE Program requirements established in 49 CFR Part 26. B. The Subgrantee shall adopt, in its totality, the Department's federally approved DBE program. C. The Subgrantee shall set an appropriate DBE goal consistent with the Department's DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Subgrantee shall have final decision- making authority regarding the DBE goal and shall be responsible for documenting its actions. D. The Subgrantee shall follow all other parts of the Department's DBE program referenced in TxDOT Form 2396, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally -Approved Disadvantaged Business Enterprise by Entity and attachments found at web address htto://YAw/.txdot.aov/business/oartnei*shios/dbe.litni] E. The Subgrantee shall not discriminate on the basis of race, color, national origin, or sex In the award and performance of any USDOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Subgrantee shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-discrimination in award and administration of USDOT-assisted contracts. The Department's DBE program, as required by 49 CFR Part 26 and as approved by USDOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Subgrantee of its failure to carry out its approved program, the Department may Impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 USC 1001 and the Program Fraud Civil Remedies Act of 1986 (31 USC 3801 et seq.). F. Each contract the Subgrantee signs with a contractor (and each subcontract the prime contractor signs with a sub -contractor) must include the following assurance: The contractor, sub -recipient, or sub -contractor shall not discriminate oil the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate. ARTICLE 24. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION (applies to subrecipients as well as States) Instructions for Primary Tier Participant Certification (States) 1. By signing and submitting this proposal, the prospective primary tier participant is providing the 2024-Beaumont-S-1YG-00064 Printed On: 8/2/2023 Page 12 of 30 City of Beaumont Police Department STEP Comprehensive 2024 certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 2. The Inability of a person to provide the certification required below will not necessarily result in denial of participation In this covered transaction. Tile 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 all explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment. 4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 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 0, subpart 0.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -tower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification , in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 0.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/). 9. Nothing contained In the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course Of business dealings- 4 (1 PvrcanF fnr lrancmrtinna ni ifl-nrirynrr trndor narnnmr)h R of thcaca inOn rrtinnc if a n3rtirinan4 in m 2024-Beaumont-S-1YG-00064 Printed On: 8/2/2023 Page 13 of 30 City of Beaumont Police Department STEP Comprehensive 2024 I U. L-^\ %,VL IUJ LI UI IUL0,UVt 1.0 UULI IU1ILL+U UI IU%A 1JU1 UuitIjJI I %J U1 it t Ot, 1110LI UI.UVI ko7 11 Le tJU1 ttL1rJU111 111 Lt covered transaction knowingly enters Into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part g, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation In this transaction, in addition to other remedies available to time Federal Government, the department or agency may terminate this transaction for cause or default. Cerfiircation Regarding Debarment, Suspension, and Other Reggonsibility Matters -Primary Trey Covered Transactions (1) The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal. Instructions for Lower Tier Participant Certification 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that time prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, time 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 erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 2024-Beaumont-S-1YG-00064 Printed On: 8/2/2023 Page 14 of 30 City of Beaumont Police Department STEP Comprehensive 2024 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 0.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment Linder 48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (littps://www.sam.gov/). 8. Nothing contained In the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prLrdent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment, Certification Recrardina Debarment, Suspension. Ineligibility and Voluntary Exclusion - 1_arver Tier Covered Transactions: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. ARTICLE 25. CERTIFICATION REGARDING FEDERAL LOBBYING (applies to subrecipients as well as States) Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or oil behalf of time undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress 2024-Beaumont--S-1YG-00064 Printed On: 8/2/2023 Page 15 of 30 City of Beaumont Police Department STEP Comprehensive 2024 in connection with the awarding of any IFederal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for - influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or anti employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not gore than $100,000 for each such failure. ARTICLE 26. CHILD SUPPORT CERTIFICATION Under Section 231.006, Texas Family Code, the Subgrantee certifies that the Individual or business entity named in this agreement is not ineligible to receive the specified grant, loan, or payment and acknowledges that this agreement may be terminated and payment may be withheld if this certification is inaccurate. If the above certification is shown to be false, the Subgrantee is liable to the state for attorney's fees and any other damages provided by law or the agreement. A child support obligor or business entity Ineligible to receive payments because of a payment delinquency of more than thirty (30) days remains ineligible until: all arrearages have been paid; the obligor is in compliance with a written repayment agreement or court order as to any existing delinquency; or the court of continuing jurisdiction over the child support order has granted the obligor- an exemption from Subsection (a) of Section 231.006, Texas Family Code, as pail of a court -supervised effort to improve earnings and child support payments. ARTICLE 27. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT REQUIREMENTS A. Any recipient of funds under this agreement agrees to comply with the Federal Funding Accountability and Transparency Act and implementing regulations at 2 CFR Part 170, including Appendix A. This agreement is subject to the following award terms: http:l/edocket.ace ess.gpo.qoy120101pdf/2010 22705_pdf and http://eciocket.access.c po.uovl20101pdfi2010-22706.pdf,. B. The Subgrantee agrees that it shall: 1.Obtain and provide to the State a System for Award Management (SAM) number (48 CFR subpt. 4.11) if this award provides for more than $26,000 in Federal funding. The SAM number may be obtained by visiting the SAM web -site at: https,llwww.sam.gov 2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine -character number that allows the Federal government to track the distribution of federal money. 2024-Beaumont-S-1YG-00064 Printed On: 8/212023 Page 16 of 30 City of Beaumont Police Department STEP Comprehensive 2024 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 l�ttp:I/fedrov.di�i�.comltvel�forr�; 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 $26,000,000; and ii. The compensation Information is not already available through reporting to the U.S. Securities and Exchange Commission. ARTICLE 28. SINGLE AUDIT REPORT A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in 2 CFR Part 200. B. If threshold expenditures of $750,000 or more are met during the Subgrantee's fiscal year, the Subgrantee must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Audit Office, 125 East 11th Street, Austin, TX 78701 or contact TxDOT's Audit Office at sinaIeaudits c0txdot.aov C. If expenditures are less than $750,000 during the Subgrantee's fiscal year, the Subgrantee must submit a statement to TxDOT's Audit Office as follows: "We did not meet the $750,000 expenditure threshold and therefore, are not required to have a single audit performed for FY " D. For each year the project remains open for federal funding expenditures, the Subgrantee will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the life of the agreement, unless otherwise amended or the project has been formally closed out and no charges have been incurred within the current fiscal year. ARTICLE 28. BUY AMERICA ACT (applies to subrecipients as well as States) The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public Interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation. ARTICLE 30. RESTRICTION ON STATE LOBBYING (applies to subreciplents as well as States) None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary Is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. 2024-Beaumont-S-1YG-00064 Printed On; 8/2/2023 Page 17 of 30 S City of Beaumont Police Department STEP Comprehensive 2024 ARTICLE 31. NONGOVERNMENTAL ENTITY'S PUBLIC INFORMATION (This article applies only to non-profit entities.) The Subgrantee is required to make any information created or exchanged with the Department pursuant to this Grant Agreement and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the Department. ISI3-1368, 83rd Texas Legislature, Regular Session, Effective 9111131 ARTICLE 32. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to subrecipients as well as States) The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. ARTICLE 33, INTERNAL ETHICS AND COMPLIANCE PROGRAM Subgrantee shall comply with Title 43 Texas Administrative Code §25.906(b). Subgrantee certifies it has adopted an internal ethics and compliance program that satisfies the requirements of Title 43 Texas Administrative Code §10.51 (relating to Internal Ethics and Compliance Program). Subgrantee shall enforce compliance with that program. 2024-Beaumont-S-1YG-00064 Printed On; 8/212023 Page 18 of 30 City of Beaumont Police Department STEP Comprehensive 2024 FOR REVIEW ONLY n NOT 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 inforiation, and within the required times, as defined in Article 3 and Article 7 of the General Terms and Conditions of this Grant Agreement. This includes reporting to the Department on progress, achievements, and problems in monthly Performance Reports and attaching necessary source documentation to support all costs claimed in Requests for Reimbursement (RFR). C. Attend grant related training as requested by the Department D_ Attend meetings according to the following: 1. The Department will arrange for meetings with the Subgrantee to present status of activities and to discuss problems and the schedule for grant related activities. 2. The project director or other appropriate qualified persons will be available to represent the Subgrantee at meetings requested by the Department. E. Support grant enforcement efforts with public information and education (PAE) activities_ Salaries being claimed for PKE activities must be included in the budget. F. For out of state travel expenses to be reimbursable, the Subgrantee must have obtained the written approval of the Department, through eGrants system messaging, prior to the beginning of the trip. Grant approval does not satisfy this requirement.. G. Maintain verification that all expenses, including wages or salaries, for which reimbursement is requested, is for 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 funds. 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 grant worked, Enforcement Zone identifier, mileage (including starting and ending mileage), hours worked, type of warning or citation issued or arrest made, officer and supervisor signatures. J. All STEP agencies must provide the following provision in all daily activity report forms: "I understand that this information is being submitted to support a claim against a federally- fiinrlArl nmrit nrnrimm PAQP QWamianta nn We form mrw ho ni-ma inhln itnrlor 1A I l.(`. 2024-Beaumont-S-1YG-00064 Printed On: 8/2I2023 Page 19 of 30 City of Beaumont Police Department STEP Comprehensive 2024 fill l%J%,U yI u1IL 1n -OU 1 M111. i LAIOt JLXALL' 11411%lp L 11 LI"J l�l1111 11 My I.M- 141 VWI+VLILtAlJllr 111 lull I v vvv 1001. This information on this form is true, correct, and complete to the hest of my knowledge and ability." The above language should be a 2024-Beaumont-S-1YG-00064 Printed On, 8/2/2023 Page 20 of 30 City of Beaumont Police Department STEP Comprehensive 2024 FOR REVIENN' ONLY - NOT A LEGAL DOC:UNIENT RESPONSIBILITIES OF THE DEPARTMENT A. Monitor the Subgrantee's compliance with the performance obligations and fiscal requirements of this Grant Agreement using appropriate and necessary monitoring and Inspections, including but not limlted to: 1. review of periodic repots 2. physical inspection of project records and supporting documentation 3. telephone conversations 4. a -mails and letters 5. quarterly review meetings 6. eGrants B. Provide program management and technical assistance. C. Attend appropriate meetings. D. Reimburse the Subgrantee for all eligible costs as defined in the project budget. Requests for Reimbursement will be processed up to the maxinILIM amount payable as indicated in the project budget. E. Perform an administrative review of the project at the close of the grant period to: 1. Ascertain whether or not the project objectives were met 2. Review project accomplishments (performance measures completed, targets achieved) 3. Account for any approved Program Income earned and expended 4. Identify exemplary performance or best practices 2024-Beaumont-S-1YG-00064 Printed On: 8/2/2023 Page 21 of 30 r City of Beaumont Police Department STEP Comprehensive 2024 FOR. REVIENV ONLY - NOT A LEGAL DOCUMENT GENMR.AL INFORMATION Project Title:STEP Coniprelienshe Project Description: Program Elements When petfornirrg enforcement activities under this grant, officers should make tie enforcement of the STEP elements listed below their top priority, altliough any traffic -related probable cause can be used to initiate a velicle stop 1. DWI: Drixing Mile Intoxicated 2. Speed: Speed Enforcement 3. OR Occupant Protection (Safety Belt and Child Safety Seat) 4. ITC: Intersection Traffic Control 5. DD: Distracted Dri%irrg Holiday Periods Enforcement activities under this grant way be conducted oil any day at any tune of day the agency deems appropriate. However, subgrantee should make it a priority to conduct enforcement actMides during state and federally deteitulned Holiday periods, MAch are: 1. Christmas,lNew Year's 2. Spring Break 3. Memorial Day 4. Independence Day 5. Labor Day STEP Mobilization Calendar is available oil :,a-gj tsH_elp page X Agency agrees to enforce tie above Program Elements and Holiday Periods as part of the Selectn,e Traffic Enforcement Program 2024-Beaumont-S-1YG-00064 Printed On: 3/2/2023 Page 22 of 30 City of Beaumont Police Department STEP Comprehensive 2024 I'OR REVIENV ONLY - NOT A, LEGAL DOC:U.MENT GOALS AND STRATEGIES Goal: To increase effective enforcement and adjudication of traffic safety -related laws to reduce crashes, injuries and fatalities. Strategies: Increase and sustain high visibility enforcement of traffic safety -related laws. Increase public education and information campaigns regarding enforcement activities. Goal. To reduce the number of alcohol impaired and driving render the influence of alcohol and other drug -related crashes, injuries, and fatalities. Strategy: Increase and sustain high visibility enforcement of DWI laws. Goal: To increase occupant restraint use, including child -safety seats, in all passenger vehicles and trucks. Strategy: Increase and sustain high visibility enforcement of occupant protection laws. Goal: To reduce the number of speed -related crashes, injuries, and fatalities. Strategy: Increase and sustain high visibility enforcement of speed -related laws. Goal: To reduce intersection -related motor vehicle crashes, injuries, and fatalities. Strategy:Increase and sustain high visibility enforcement of Intersection Traffic Control (ITC) laws. Goal: To reduce Distracted Driving motor vehicle crashes, Injuries, and fatalities. Strategies: Increase and sustain high visibility enforcement of state and local ordinances on celluar and texting devices. Increase public Information and education on Distracted Driving related traffic issues. i X I agree to the above goals and strategies. Please mark all of your proposed zones on a single heat map and upload that map here. Click here to see an example. The maximum number of allowable zones for an agency is determined by dividing the total number of enforcement hours by 480 and rounding to the nearest whole numb er.Mips:1iwww.dot. state.tx.uslapps/egrants/ Uploadi110115G_341467- 20230102101159156.pdf 2024-Beaumont-S-1YG-00064 Printed On: 8/2/2023 Page 23 of 30 City of Beaumont Police Department STEP Comprehensive 2024 FOR REVIEW ONLY - NOT A. LEGAL DOCUMENT ENFORCEMENT ZONMS Zone Name: Zotte 1 Eastex Freeway corridor Zone Description • ' US HNvy, 69 from Folsom to Trani Road Hwy 105 fi•oni US MY 69 to FM 364 Folsom froin FM 364 to US HiVY 69 Zone Hours : 2417 Enforcement Zone Detail Map : httpsJ/Nv%Nw. dot. state.tK.us/apps!egratits,rUptoad/1191684�341453- Zone 1 STEPtnap.pdf .Additional Documentation : 2024-Beaumont-S-1YG-00064 Printed On: 8/2/2023 Page 24 of 30 City of Beaumont Police Department STEP Comprehensive 2024 FOR. RE, VIE'6'4" ONLY - NOT A LL- GAL DOCUMENT ENFORCEMENT ZONES Zone Name : Zone 2 I-10 and College Street corridor Zone Description : IH-10 from MVY 90 to Delaware St. H VY 90 from FM 364 to 1 Idi Street I I di Street from WY 90 to Delaware St. Zone Hours : 2417 Enforcement Zone Detail Map : littps:ffrNN"N,.dot.state.tx.uslapps!egralits/ UPloadl1191685 �341453- Zone2STEPwap.pdf Additional Documentation : 2024-Beaumont-S-1YG-00064 Printed On: 8/2/2023 Page 25 of 30 City of Beaumont Police Department STEP Comprehensive 2024 FOR REVIEW ONLY - NOT A LEGAL DOCUMENT ENFORCEMENT ZONES Zone Name : Zone 3 M.L.K. Blvd. and Lamar Unh ersity corridor Zone Description: Spur 380 from US MVY 69 to MVY 90 US HWY 69 from Spur 380 to W. Florida E. Florida from US I VY 69 to Spur 380 Zone Hout's : 2417 Enforcement Zone Detail Map; littps: /NNrN ti t,dot,state.tx.us./apps!egratitsLUpload/I Additional Documentation 2024-Beaumont-S-1YG-00064 Printed On: 8/2I2023 Page 26 of 30 { City of Beaumont Police Department STEP Comprehensive 2024 FOR VIE, NV ONLY _ NOT A LEGAL DOCUMENT BASELIlIM, II1`FORMATION Baseline Mwition: A number ser%ing as a foutndation for subgrantees to measure pre -grant traffic enforcement activity. BaseWne information. trust be provided by the subgrantee in order to idetntify local traffic, enforcement related add ity. This information should exclude any activity generated with STEP grant dollars. Once the baseline is established, these figures will be used to compare subsequent year's local acid grant traffic enforcement activity. ],!`'ote for Arrests/Citations and Written Warnings: Baseline data used roust be no older than 2020. Note KA Crashes: KA crash data is pro -tided to subgratntees dtrouglt the RFP document. Each ,jurisdiction is provided with corresponding KA crash nutubers based on a three-year roUig average. County -level agencies should use die data from "Rural h County." Baseline Year for Arrests!Citations mid Written Warnings (12 nnotndts) Baseline Treasure Drhi ng Under Influence (DUI) Speed Safety Belt Child Safety Seat Intersection Traffic Control (ITC) Distracted Driving Citations Other Elements From 10/112021 To 9/30/2022 Written KA Arrests/Citations Warnings Crashes 0 0 11 0 0 38 0 0 15 0 0 0 0 35 0 0 0 0 If you have additional attachments, pro«ide them on the "Attacliments" page. 2024-Beaumont-S-1YG-00064 Printed On: 8/2/2023 Page 27 of 30 ' 'City of Beaumont Police Department STEP Comprehensive 2024 FOR REVIE, NV ONLY - NOT A. LE GAL DOCUMENT LAW EIITORCEMENT OBJECTIVE/PERFORMANCE XIEASURE Objective/Performance Measure Target Not Applicable Number Reduce die number of Alcohol-Invohred (DWUDUI) KA crashes 10 toto Reduce the number of Speed -related KA crashes to 30 Reduce the number of All, OIL -related (Seatbelt and Cldld 14 Passenger Safety) KA crashes to Reduce die number of ITC -related KA crashes to 30 Note: Nothing in this agreement shall be interpreted as a requirement, formal or informal, that a peace officer issue a specified or predetermined number of citations in pursuance of the Subgrantee's obligations hereunder. Department and Subgrautee aclmowledge that Texas Transportation Code Section 720.002 prohibits using traffic -offense quotas and agree that nothing in this Agreement is establishing an illegal quota. In addition to the STEP enforcement activities, the subgrantee must maintain baseline non - STEP funded citation and arrest activity clue to the prohibition of supplanting, 2024-Beaumont-S-1YG-00064 Printed On: 8/212023 Page 28 of 30 City of Beaumont Police Department STEP Comprehensive 2024 FOR RE, VIENN" ONLY .- NOT .Ad LEGAL DOCUMENT PI&E OBJECTWE,IPERFORMANCE I1-MASURE XI agree to the below efforts with a public fifirmation acid education (PIKE) program. a. Conduct a nibihiwn of fn�e (5) presentations b. Conduct a inirhnwn of fn�e (5) media exposures (e.g. news conferences, news releases, and hiterviews) c. Conduct a n>vwnu ti of two (2) com mwuty events (e.g. health fairs, booths) 2024-Beaumont-S-11YG-00064 Printed On: 81212023 Page 29 of 30 City of Beaumont Police Department STEP Comprehensive 2024 FOR REVIENV ONLY - NOT A LEGAL DOC:UI1r ENT Budget Suiumaily TOOT Match Total Budget Category Category I - Labor Costs (100) salaries t j (200) Fringe Benefits Category I sub - Total i Category 11- Other Direct Costs (300) Travel (400) Equipment (600) Supplies i (600) j Contractual I Services Other (700) 1Miscellaneous Category 11 Sub - Total Total Direct Costs Category III - Indirect Costs (800) Indirect Cost Bate Summary Total Labor Costs Total Direct Costs Total Indirect Costs Grand Total Fund Sources (Percent share) $89,970.00 i $0 � $89,970.00 $0 $0 $0 $0 $0 $01 I $89,970.00 $0 $89,970.00 $0 $0 $89,970.00 76.38% $0 $18,621.72 $18,821.72 $0 $0 $0 $0 $0 $0 $18,621.72 $8,997.00 $18,821.72 $0 I $8,997.00 $27,818.72 23.62% I $89,970.00 $10,821.72 $0 $0 $0 $0 $0 $0 $108,791.72 $8,997.00 $108,791.72 $0 $8,997.00 $1117,788.72 2024-Beaumont-S-1 YG-00064 Printed On, 812/2023 Page 30 of 30 T, exa,s Traffic Safety eiGrants HMO TIM Ina Fit ffl���Vl Project Title: STEP, pirehlensivi I City of Beaumont Police Department STEP Comprehensive 20,24 Texas Department Of Transportati on Traffic Safety Electronic Signature, Authorilzat"on Form Thi's form Identifies the person(s) who'havethe authority to sign grant agreements and amendments for the Grant ID; listed at the bottom, of the page. 2024-BeaumI,ont-S-1 YG-00064 Printed On: 8/21/2023 Page 11' of I 'ety eG,rants Texas T'rai,'T,�ic Saf Fiscal Year 21024 Organization Name: City of Beaumont Police Department Legal Name: City, of Beaumont Payee Identification Number: 17460002789003 Project Title,: STEP Camprehensive ID: 2024-Beaumont-S-1 YG-00064 "0' uity of Beaumont Police Department STEP, Comprehensive 2024 FOR R,I VIEW ONLY o, NOT A, L�EGAL DOCUMENT' Eil THE STATE OF TEXAS THE, COUNTY OF TRAVIS act THIS AGREEIVIENTIS MIADE BY and between the State of Texas ing by and through th Texas Department of'Transportatiloti, hereinafter called the Department and the, City of I by Beaumont hereinlafter called the Slubgrantee, and becomes eiffec,tive then, fully executed both part , ies. For the purpose of this agreement,, the Subgrantee is designated, as a,(n) Loc Governmehit/Transit Distflct' I ct AUTHORITY", Texas Transportation Code, Chapter 723, the Traffic SafetyA ofig,67,and ar 2024. rformance Plan for the Fiscal'Ye the Hilghway Safety Pe Name ofthe, Federal Agency". National, Highway Traffic, Safety Administratio CFDA Number: 205.6100 CFDA Title: State and Community Highway Safety Grant Program Funding Source: Section 402. Unique Entity idener (UEI) JELUBUIG69Z9 30000,402OU0 69A37162431000040201X0 Project Title-, STEP Comprehensive i oj *s Not Research and, Development This pr 'ect 1 10,10112023 or on, the date loif final signature of Grant Period: This Grant becomes elielctive on both parties whIcheveris later and ends on 01913012024, unless terminated or otherwise mod1fied. Total Awarded-, $1171788.72, Amount Efiglible, for, Reimbursement by the Department $89,970.00 Match Amount, provided, b $27,818 U P 2,024-Beaurn,on - t- . S-1 YG-00064 Printed On: 8/2/2023 Page 11 of 30 I City of Beaumont PIolice Department STEP Comprehensive 2024 REVIEWONLY - N01T A LEGAI DOCU MENT GTA . .... .. . .......... ... 2024-Beau monit-S-1 YG:i-010064 Printed Ow. 8/2/2023 Rage 2 of 30 2024-Be a umont-o"'A Y U-1-000 64 Primed 'n: 8/2-It""'.20,23 Page 3 of 3 f ,e 4 of 2024-Beaumont-S-1 YG-00",016`4 Printed On: 8,12/2023 Pag " ' 34 City of Beaumont Police: Department STEP Comprehensive 20,24 I C1 JUU 'zipcIoI 11 11CU III I Ll liz!) al it t%jl UJUI I MI K. jj� tj IC t-supal U I �ICI IL UVIL' I'M U lu P1 vjcut' I laz� I the SUbgrantele; may apply for funding demonstrated mient or has potential long-range benefits, assistance bleyonid the initial agreernent period., Preference for funding will be given to projects based on (1) proposed cost sharing and (2) demonstrated pei-formance history., rejawom L ARTICLE 75. REPORTING AND MONIT0R.'[FIG A. Not later than thirty (30) days after the end of each reporting Period, the SUbgrantee shall subirnit a 21024-Beau,mont-S-l'Y'G-00064 Printed On.1 8/2/2023 Page 5 of 30 City of Beaumont Police Department STEP Comprehensive 2024 Pet 1U1 I I 1d,11LU i[UPUIL L11WUY1 I tOldlitti. MUPUIL111Y PUHUMi VLIIY'IJY PIUJI' LL UU11d11U1 I dIM ClIt" Baer [I WU dz� foil ows* ME M MI M 94 W M I off I$ M 2. Favora' bile developments or events that enable meeting, time schedules and objectives sooner than anticipated or; achieving greater performance meaSUre output than originally projected- D. The Subgrantee shall submit the Final Performance Report thirough eGrants within thirty (30) 1 days after completion of the grant. r'MkT%M4MqA MIA40BIGON Duly authorized representatives of the Department, the USDOT, the Off ice of the Inspector General, Texas State Auditor, and the Comptroller General sha' III have acces's to the Records. This right of accessis not limited to the four (4) year period but shall last as long as the Records are retained - uity of Beaumont Police Department STEP Comprehensive 2024 Im, M W I'M I'm mail ill a M M, 40 A dF 91, lip M M, m A w Wi wdij w I mill I ,M, 1� ill 0] 1 -0 110.1, ��i I me- U 44 dMILIFICATIM81 N D 4k AIR ML All III MOR 8/2/2023 Page 7 of 30 ,2024-B,eaumont,�,S-�l',Y,G,-00064 Pdnted On.1 O'N 4, uty of Beaumont Police Department STEP Comprehensive 2024 A subcontractin excess of $25,000 may not be executed by the Subgrantee without prior written a concurrence by the Departinen' t. Subcontracts in excess of$26,000 shall, contain all applic ble terms and conditions of this a,greemetit. No subcontract, will! relieve the Subgrantee of 'Its responsibility under, this agreement - ARTICLE 16. GRATU111TIES A. Tlexas Transportation Commission policy mandates that employees of the Departmetit shall not, accept any benefit, glft,, or favor from, any person doing business with or who,, reasonably speaking, may do business w I ith the Depailmetit under t1lis agreement. The only exceptions allowed are ordinary business lunches and"terns that have received the advanced written approval of the Department's Executive Director. B, Any person doing bUsiness with or who reasonably speaking may do business with the Department Under this agreement may not make any offer of benefits, gifts, or favors, to Department employees, except as mentioned here above. Failure on the part of the Subgrantee to adhere to this policy may result in termination of this, agreement. Ah Ah, The Subgrantee represents that it or its employees have no conflict of interest. that, would in any way interfere with its or its employees' performance or whichit way conflicts with the of the ,i any Department. The Subgrantee shall exercise reasonable care and diligenceto prevent any actions or conditions that COUld' resUltin a conflict with the Delp artmient's interests. ARTICLE 18. SUBGRANTEE'S RESOURCES OYM A. The Subgrantee certifies that it presently has adequate qualified personnel in its enipl, ent, t 20124-B ea u mont-S- 1 YG-00064, Printed On: 18/2/2023 Page 8 of'30 City of Beaumont Police Department STEP Comprehensive 2024 4W 40 A 06 M M Mill! EXCIA"ITI 114 il" k I 216 11 :1 11:11�;Iziiiir I , q1111111 I ��� "'' W;[ Tons, xi I mill vi IF 4& 4P Ab do dL a I SIN' dr The Department and the Subgrantee each, bind's itself, its successors, executors, assigns, and administrators to the, other party to this agreernent and to the successors, executors, assigns,1 and adii-itnistrators of the other party in respect to all covenants ofthis agreement'. The SUbgrantee shal' -nent without written consent of not assign, sublet, or, transfer interest and obligations in this agrelei the Department through eGrants. ARTICLE 22.., CIVIL RIGHTS COMPLIARICE 64 Printed On: 8/2/2023. Page i9 of 30 City of Beaumont Police Department STEP Comprehensive 2024 1 10 -y agency as well as States) The State Nghway safet B. Nondiscrimination- (applies to subrecipten Indiscrimination Will coniply with all Federal statutes and irnpilernentinig regulations relating to no These include but are not. limited to - Federal No scriminafion ALIthort'es The State highway safety agency - I mill WMXAA�W�Wliik . .. ........ . ....... . 2024-Reaumont-S-1 Y'G-00064 Pi, nted On: 8/2/2023 Page 10 of 30 1 u I i I ty of Beaumont Police Department, STEP Ci pre hens ive 2024 1 0 ia I I %Mwl=MMU -owsal, the mospective viniiary tier viarticiijailt is Drovildinof the 1. Biv sicininci and submittina this rm, City of Beaumont Police Department STEP Comprehensive 2024 M As dp off oil SIM, 9., Nothing contained in the foregoing shall be construed to requilre establishment of a systemi of -equiredby this, clause. The; knowledge and records in o1rder to renderin good faith the certification i y piossiessed by a prudent information oexceed that which, is norniall, plei-soln n the ordinary course of business deal�ings, 10 1='vr tant fnr frmncnrfinnc ni tthnri7ad t jndnr warmer-nnh A of tha iInctri irtinnQ if � n�v-fir in;Int In a 20,24-Bea u mont-S-1 YG-0110)064 Printed On: 8/2/20,23 Page 13 of 30 91-41 luity ofBeaumont Police Department STEP Comprehensive 202,4 8/212023 Page 14 of 30 -20124-Beaumonti-S-WIG-00064 Printed On: t City of Beaumont Police Department STEP Comprehensive 2,024 0 All .......... will III i I! I. 'The prospective lower tier participant certifies, by submission, ofthis proposal, that neither it nor its principals is presently debarred,, suspended, proposed for debarment, declared ineligible or Voluntarily exclLided onoion in thistransaction by any Federal department or agency,. �2, Where the prospective lower fier pa' rticipa,nt is unable to certify,to any of the statements in this certification, such prospective participant shall attach an explanationito this propolsal. ARTICLE 25. CERTIFICATIO,N'REGARDMG FEDERAL LOBBYING (applies to; subrecipients as wellas States) 'The undersigned certifies, Ito the best of his or her knowledge and belief,, that: ed 1., No Federal', appropriated funds have been paid or wil I I be paid, by or on behalf of the undersign, to any person for InflUencing or attempting to influence an off i1cer or employee of any agency, a Member of Conqress, an officer or emploveel of Conflress, or an emplovee of a Mernber of Conqress I - 8/2/2023 Page 15 of'A 2024-iBeaumont-S-lYG-010064, Pdrited On,.' C"'ity of Beaumont Police Department STEP Comprehensive 2024 & -act, the making of any Federal grant, the maki in conniection w�h the awai,,'ding of any Federal contt fig Ive of agreement, and the extensil any Federal, loan theentering, into of any cooperati on contimiation re,riewal, arnetidment, or modification of any Federal contract, grant, loan,,, or cooperative agreement- �3. The undersigned shall require that the language of this certification be 111,ClLidedin the award -s (including Subcontracts, subg1rant's and contracts under documents for all SLibi-awards at all bei gra, loans, and coe a operativgreemee nts) and that all SLibrecipin, s shall certify and ds iclose nt,, accordingly- ThIs certificationmaterial representation of fact upon which reliance was placed when this I - making or tra,nsact�ion was made or entered into. Submission of thi's certification is a prereqU'site foi entering into this transaction imposed by section, 1,352, title 31, U.S. Code. Any person, who fails to -nore file the required certlfl'c ation, shall be subject to ia c Will penalty of not less than $10,000 and not i Ure. than $100,000 for each such, fail ARTICLE 27. FEDERAL, FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT REQUIREMENTS A. Any recipient offunds under this agreement agrees to comply with the Fedet` al Funding 4 Accountability and Transparency Act and implementing regulations at 2 CFR Part, 170 '1 including Appendix A. This agreement is subje�ct �to, the following award terms: UP 9,01,01 idf/2010-227Q�5,Lf and I.Hiedocklet.acciess g p o. g I j p ,lLittL:r/,,Ie,clowcket.a(-,,r,,ee-,-sA,p cov/20'10[ If/2010-2270,6Jpcif., B- The SUbgrafflee agrees that it shall- 1 Obtain and provide to the State a, System for Award Management (SA,M) number (48 CFR SLjbpt- 4.11) if this award provides for more than $25,000 in Federal funding. The SAM nurnber may be obtaiiied by visiting the SAM web -site at- hUps.-,/`/``www.sa 2. Obtain and provide to the State a Dfata Universal Numbering System (DUNS,) number, a unique nine -character number that allows the Federal government to track the distribution of federal money- .... . .... . . .......... 2024-Beaurnont-S-WIG-00064 Pri"Inted On: 8/2/2023 Page 16 of 30 City, of Beaumont Police Department STEP Comprehensive 2024 The DUNS number may be requested free of charge for all businesses andentifies required to do so by visiting the Dun & Bt-adstt-eet (D&B) on, -line registration website htt, [.1/teclov dnb.coni.,/wlebf&rrn- and All i. e than 80% of annual gross revenues are from the Federal governlilient, and those revenues are greaterthan $25,000,000,, and ii,. Thecompensation informationis not already avallable through reporting to the U.S. Securities anc,'�, Exchange Commission- ARTICLE, 29. BUY AMERICA ACT (applies to subrecipitints as well as States) MNNbI I I; I 1 1 q11111111 1 gm IIPRN.Pll lip] tl . ... . . .. ..... . ....... ... .. . . . ... ...... .. . . ............ 2024-Beaumont-SAYG-Ouluf 4 Printed On: 8/2/2023 Page 17 of 30 11 City of Beaumont Police Department STEP Comprehensive 2024 ARTICLE 31. NONGOVERNMENTAL EN'T111TYS PUBLIC INFORMATION (This, article applies only to non-profit entities.) I -nent The Subgrantee is required to make any information created or exchanged with the Deparb Pursuant to this Grant Agreement and riot otherwise excepted froni disclosure under the, Texas PUblic Information Act, available, in a fori-nat that is accessible by the public at, no additional charge to the Department. [SB- 1368, 83,rd Texas Legislature, Regular Session, Effective 911 /13] ARTICLE 32. PRO11-1111311711011 OR II'SfrVG GRAAT F-1 ADS TO CAECK FOR 6ELP, AlET-1-i-W-1E J* t (a,ppjiies to subrecipients as wel! as States) The State and each subreci pient will not use 23 U.S.G. Chapter 4 grant funds for programs to check helmet usage orto create checkpoints that specifically target motorcyclists. SUbgrantee shall comply with Title 43 Texas Administrative Codie §25.906(b). Subgran'tee certifiesit has adopted an internal ethics and, compliance program that satisfies the requirements of Title 43 0-51 (relating to Internal Ethics and Compliance Program),- Subgrantee Texas Administrative Code shafl enforce compliance with that progiram. 2024-Beaurnont-S-1 YG-00064 Printed On.- 8/2/2023 Page 18 of 30 I City of Beaumont Police Department STEP Comprehensive 2024 FOR R,EVIEVT 1ONLY to NOT A, LEGAL DOCUMENT RESPONSIBILITIES OF THE SUBGRANTEE 2024-Beaumont-SAYG-00064 Printed On- 8/2,12023 PagMff��� I City of Beaumont Police, Department STEP Comprehensive 2.1024 1 IL41 it, ka, � %�.A tj I to I I L V I %-j �j 1 0.41 1 1. x 4.4L Il'i ti" .'n " v%"I 1, 1 %, 11 1, kj W I I %, I I I j I W 1 1: 1 1 6 1 1 L,4.y ", tj I U L L%, " I' , U i I %A!, I I %J %-I %-Ij 100 11 . i nforma on on thi s form 1 s true) correct, and complete to the best of my knowledge and ability.," 1111111liq 11111111 1 q 1111111 1111111111::1 . . .... . .. .... ...... 8/212023 2024-Beaumont-S-lYG-00,064 Printed On: Page 20 of'30 City of Beiaurnont Police Department STEP Com1prehensive 20,24 A. Monitor the Subgrantee's compliance with the performance obligat�ions and fiscal requirements of this Grant Agreement using appropriate and necessary nionitoring and inspections, including blut not limited to: T. review of periodic reports 2- physical inspection of project, records and supporting documentation 3. telephone conversations 4. e-rails and letters MEMM 11111�p;p� I poll �i III I D. Reimburse the Subgr,a,ntee for al 1. eligible costs as defined in the project budget. ReqUests. is for Reimbursement will be pro,ces ed Lip, to the max1mum amount payable asindicated in the project budget. E. Perform an administrative review of the project at the close, of the grant period to'. I - Ascertain whether or not the project objectives were met 2. Review project accomplishments (performance measurecomplet edl targets achieved) 3. Account for any approved Program Incoirne earned and expended 4. Identify exemplary performance or best practices 2024-Beaurnon1-S,-1'YG1-00064 Printed Onf: 8/2/2023 Page 21 of 30 t pity of Beaumont Police Department STEP Comprehensive 2024 0 FOR,IZLI'l,�"IE,'Nl',O-,N,'L,Y - NOT A LEGAL DOCUIVIENT III` Proj'ect'Tt*t1e-.S'fEP Cotnprehensive Project Description - Program Elements When perfornlilig enforcement actnoities wider tl uis gratit. officers shoWd make the enforcementofthe elements listed, below flieir top prion'ty. alfliouoi wiy traffic -related. probiable, cause cati be used ito ir�ifiate a, vehicle stop . � 41 � - iV ql 1111111711 11 1 L III, J11 11, �� � III 4. ITC: hitersection Traffic Control Hollidav Pen*oids W 17dorcenient acti�Afies wider this gratit may be conducted, on anyrday at�, any �itiie of day the agency deems 0 approphate. H, owever. subgrantee should, make it a, pn`orit�!to conduct enforcement acti%ifies during state and. &deragy deternmed holiday periods, which are: 1. Clifis,tnias,/Nlew Year" s 3 Memiort'al, Day 4. hideplendence Day REESM X Agency agrees to enf6rce the above Program Element s, and HoHday, Periods, as, part of 'die S elective Traffic Enforcement Progrm, 2024-Beaumont-S-1 YG-00064 Printed On: Page 22 of 30 8/2/2023 t" City of Beaumont Police Department STEP, Connprehenslve 20,24 To increase effective enforcement and adjudication of traffic safety -related Goal laws to reiduce crashes InjUnes and fatalities., Strategies: Increase a nd sustal n high vi si bi lity enforcement of' traffi c, safety-relatled laws - Increase public education and information campaigns regarding enforcement activities. To reduce the number of alcohol impaired and driving un, G o a 1 11: of a1cohol and other drug-rela,ted crashes * * * der the i nfluencei, injuries, and fatalities, %e and sustain hilgh visibility enforcement of' DW laws. Strategy,: Increas G o a 11: To increase occupant restrain t use ' including child-sa,fety seats: In, all passenger vehicles and trucks. protection Strategy.# Increlase and sustain high visibility enforcement of OCCUpant laws. -ies, and fatalities., Goal:, To reduce the number of speed -related crasheisy lnkft' Increase and sustain high visibility enforcement of speedl-related laws - Goal: To, reduce, i mere ection-re lated motor veh'i cle crashes, iqjUri es,,, and fatalities. Increase and sustain high visibility enforcement ofintersection, Traffic Strategy:, Control (ITC), laws. G oal To reduce Distracted'Driving, MOtorvehicle, crashes, injuries,, and fatalltie Increase and sustain high vis'ibillty enforcement of state and, local Strategies ordinances on, cellLiar and text I ing devices. Increase public Information and education on Distracted Driving related traffic i,SSUes- I [T i agree to, the above goals and strategies. Please mark all of your proposed zones on a single, heat nnap and upload that map here, Click examp here to see, an. le. The maxiMLIm number of' allowable zones for an agency is, determined by dividing the, total number of enforcement hours by 480 and rounding to the -//wwwdot.state.tx.�us/""""""`apps/"`""eg�rants/`"``" Upload/1191156 341467- nearest whole n,umber.hftps. 2023010,21101 15,9156.pdf uity of'Beaumont Police Department STEP Comprehensive 21024 FOR REY'",IEW ONLY - NOTA LEGAL DOCUMENT MQUEM.Ml Zone Name zolle, 1 Eastex Freeway com'dor Zone, Description 'US HNvy 69 ffoin Folsom, I to Tram, Road HINVY 105 fioni USMVY 69 to FM" 364 Folsom from FM3,64 to, US HNVY 69 Zone Hours 24,117 Enforcement httPslANr%Nr%%v. dot. state.tx.us!apps./e,grwits/��UploadI 1191684341453- Zone Detaill%lap Zone 1 STEP,map.pdf Addnal Documentation -8/2/2023 Page 24 of 30 2024-Beaumont-S-ING-000.64 Printed On'. City of Belaumont Police Department STEP ComprehensIve 2,024 'I R FOR RENITIENAT ONLY - NOT A LEGAL DOCU"AlEl"'N'T ENFORCEAIENT ZONTS Zone Name! Zone: 2 mid College Street com"dor Zone DescOption IH- 10, from EAVY 9 0 to Delaware St. HNVY 90, from FM 364 to, 1 ltli, Street I Idi Street fironi'HNVY 90 to Delaware St., Zone Hours 24/7 Enforcement littp,s�,INNrNv,Nv,.dot,state.tx.us,/ap,ps!egrwits/�Up,loadl11,9l685 3414513- Zone Detail Alap h Zo,ne2,STrE,',Pnlap-pdf Additional Documentafion 2024-Beaumont-S,-1 YG-100064 Printed Ow 8/2/2023 Page 251 of 3,0; Clity of Beaumont Police Department STEP Comprehensive 2024 'r'I'E'NI'v ONLY - NOT A LEGAL DOCUAIT'N'T FOR REIN Zone Name Zone 3 M.L.K. Blvd. wid, LaumarUnhre.rsity com'dor Zone Description Spy 38�0, from US MVY 69, to MVY 90 US, MVY 69 from, Spur 380, . Flofida E- Flon'da from US EAVY 69 to Spur 3 8 0 Zone Hours: 24,17 Enforcement https�lurww. d,ot. state,.tx,.us./,ap,,Ps/egran,ts,��_VploadI 1, 1916 8 63 4 "1, 45 3 Zone'Detail Map Zone3STEPmappd Additional Documentation, 202,4-Beaumont-S,-IYG-00064 Printed On: 8,/2/2,02,3 Page 26 of 30 City aumont Police Depar at STEP, Comprehensive 2024 Malm"Re-, ia", MM ..... ... . . . ......... ........ - . . ................. BaselineDefiniftion: A ntunber s1erNi"n-g as a fbiundation, for subgantees, to measure pre-grwA traffic enforce,ment activity. Baseline itionnation niust be prom'ded by the subgrantee ff"i order to identi�r local, iraffic', eiiforcenilent related acthity. TMs, ft&rmation should exclude any acthity generated wifli STEP grwit dollars,. Once the baseline 11's established., fliese. figuresw&( be used to compw-e subsequent year's local and grant traffic, enforcement activity. Note KA Crashes: KA crash data i's proNi'ded to subgrantees, dirough the UP document. Each junsdic6onts, prom'ded, with corresponding KA crash numbers based on a tbree-year rolling mirerage. County-le'Nrel agencleS, should use, the data, from"Rural, X Cowity." Baseline. Year for Affests/'Cit, afions and W-ritten Warnu'igs (12, montlis) Drhiig'Under Influence (DUI) Speed Safety B elt CWd Safety Seat, Intersecti,on Traffic Control (fTQ Distracted Drhlfilg Cftations Other Elements Written KA ArrestsICitations Warn"t'ngs, Crashes 0 0 11 0 0 38 0 0 15 0 0 0 0 35, O0 0 0 If you have additional attachments.. prom'de them on the "Attac�hments" page. -8/2/20.23 21024-Beau monti-S-11 YG-0100164, Printed Oni, Page 27 of'30 'City of Beaumont Police Department STEP Comprehensive 2024 ! I 'UNIE NT F'OR RIVIEIV ONLY - NOT A LEGAL, DOC., LXIV ENFORCElUENT OBJECTIAMPERFORMASCE 1HEASURE Objectivei/Perforwauce Measure 'Target Not Applicable Number Reduce the nuinber of, Alcoliol-Invohred (DIVIOU'l) KA crashes toto Reduce die muhber of Speed, -related KA crashes to 30 Reduce the nwnber of'Al OP -related (SeatbeftCWd 14 Passenger Safet�) KA crashes, to 1IMPM 4 -ashes to - er ofITC-related KA ct, 30 6 r Note-Wil Nothing in this agreement shall be interpreted as a requirement, iormal or informal, that a peace officer issue a specified or predetermined number of citatilons, i [ n pursuance of the Subgrantee's obligations hereunder. Department and. Subgrantee aclmowledge that Texas Transportation Code Section 720.002 prohibits using -offense quotas and agree that nothing in this Agreement is establishing an illegal, quota., In addition to the STEP enforcement activities, the subgrantee must maint"'am",basetine, non- TEP funded c"taflon and arrest acti-vit- 1 11 Ing. I I y? due to, the prob"b'flon of supplant" 202,4-Beaumonti-S-flYG-00064 Pi-linted On: 8/2/2023 Page 28 of 30 uity of Beaumont Police Department ,STEP Comprehensive 2024, 'FOR RENTIEWONLY - NOT A LEGAL DOCUNIENT a. Conduct a, nift"u"nim of five (5) presentlations, b. Conduct a illu` of five (15) media e�xposure,s (e.g. news cotifffences. news, releases, midn,itenliews) c., Conduct a nunmn= of t%vo (2) commmity events, (e.g. health fais, boodis)) 2024-Beaumont-S-liYG-00064 PrInted, On.1 8/2/2023 Page; 29 of 30 uity of Beaumont Police Department, STEP Ciolm prehens I've 2024 I M 1, r IF-4-AN" ONLY - NOT ALEGAL DOCUMENT Budget, Summairy TxDOT Match, T otal Budget Category Category, I - Labor Costs (100) Salaries J200) Fringe Benefits, Category I Sub Total Category 11 - Other Direct Costs (3,00) Travel , Equipnit (5,00), SUpplies Contractual (600) Services Other ('00) Miscell'aneOL,IS Category 11 Sub - Total Total Direct Costs Category III In Costs (800) Indirect Cost Rate Summary Total Labor Costs Total Direct. Costs Total Indirect, Costs Grand Total Fund SOUrces (Percent. Share') $89P970.00 $0 $0 $1811,1821-72" $8919,70-00 $18,821.72 $0 $0 $0 $0 $'O $10 $0 $0 $89,970-00 $18,8211.72 $0 $8,997-00 $18 82132 $0 $0 $0 $ 8 9,9 70. 0 0 $27,81832 '76.38% 23.62% $89p9,70-C $181182 1., j 91 WN ..... . .... . .. .. .. ... . . ......... ....... . . ..... ... ..... .. .... 2024-13eaumont-S-TYG-00064 Printed On�: 8/2/'2023 Page 30 of 30