HomeMy WebLinkAboutRES 24-251RESOLUTION NQ, 24-251
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 2025."
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 15th day of
October, 2024,
wgw��ip�e
I,
- Mayor Roy West -
Texas Traffic Safety eGrants
Fiscal Year 2025
Organization Name: City of Beaumont Police Department
Legal Name: City of Beaumont
Payee Identification Number: 17460002789003
Project Title: STEP Comprehensive
ID: 2025-Beaumont-S-1 YG-00076
Period: 10/01 /2024 to 09/30/2025
City of Beaumont Police Department
STEP Comprehensive 2025
GENERAL INFORMATION.
Project Title:STEP Comprehensive
Project Description:
Program Elements
When performing enforcement activities under this grant, officers should matte the enforcement
of the STEP elements listed below their top priority, allhough any traffic -related probable cause
can be used to initiate a vehicle stop
1. DWI: Driving While Intoxicated
2. Speed: Speed Enforcement
3. OR Occupant Protection (Safety Belt and Child Safely Seat)
4. ITC: Intersection Traffic Control
5. DD: Distracted Driving
Holiday Periods
Enforcement activities under this grant may be conducted on any day at any time of day the
agency deems appropriate. However, subgrantee should make It a priority to conduct
enforcement activities during state and federally determined holiday periods, which are:
1. Christmas/New Year's
2, Spring Break
3. Memorial Day
4. Independence Day
5. Labor Day
STEP Mobilization Calendar is available on PGrnntsHoIp pacie
X Agency agrees to enforce the above Program Elements and Holiday Periods as part of the
Selective Traffic Enforcement Program
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City of Beaumont Police Depal4ment
STEP Comprehensive 2025
PROPOSING AGENCY AUTHENTI<CNrION
X The fallowing person has autltdrized die subnAtal of tails Proposal.
Nwiie
:Curtis Breaux
Tine
:Lie►ttenattt
Address
:255 College St.
City
:Beamottt
State
:Texas
Zip Code
:77704
Phone Munber
-4098803801
Bsu► Nw�tber
E-mail address
:Curtis.breaux@beawitottttexas.gov
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City of Beaumont Police Department
STEP Comprehensive 2025
RISK ASSESSMENT SUBGRANTIEE
1. Number of Belmioral Traffic Safety Funded Projects witli TxDOT in die
curreklt fiscal year
2. Nwriber of Behmiornl Traffic Safety Funded Projects Nvith TxDOT ur the
Previous fiscal year
3. Does your agency plan to use finnduig from outside local, federal or state sources Local finds for match
to fautd acthities Li Ns project. if fires, wWcli sources? If No, enter None putlioses only
4. When did, the agency update its grant operating policies and procedures 04107/2022
5. Has your agency ever terniuiated a grant project prior to the grant year ending?
No
b. Nuntiber of total personnel to be lured (new or preayous) to
Rork on thls project (Not Including volunteers or non -paid stag)
7. Will the personnel working on this grant splitting time on multiple projects? No
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City of Beaumont Police Department
STEP Comrirehensive 2025
Texas Traffic Safety Program
GRANTAGREEMENT GENERAL TERMS AND CONDITIONS
Definitions: For purposes of these Terms and Conditions, the "Department" is also known as
the "State" and the "prospective primary participant" and the "Subgrantee" is also known as
the "Subrecipient" and "prospective lower tler 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 Behavioral
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.
6, It and Its Subcontractors will comply with Title Vl of the Civil Rights Act of 1964 (Public Law
88-352), as amended, and In accordance with that Act, no person shall discriminate, on
the grounds of race, color, sex, national origin, age, religion, or disability.
C. It will comply with requirements of the provisions of the Uniform Relocation Assistance and
Real Property Acquisitions Act of 1970, as amended; 42 USC (United States Code)
§§4601 et seq.; and United States Department of Transportation (USDOT)
regulations, "Uniform Relocation and Real Property Acquisition for Federal and Federally
Assisted Programs," 49 CFR, Part 24, which provide for fair and equitable treatment of
persons displaced as a result of federal and federally assisted programs.
D. Political activity (Hatch Act) (applies to subrecipients as well as States). The State will
comply with provisions of the I -latch 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 tabor Standards Act's minimum wage and overtime
requirements for employees performing project work.
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F. Itwill establish safeguards to prohibit employees from using their positions for a purpose
that is or gives the appearance of being motivated by a desire for private gain for
themselves or others, particularly those with whom they have family, business, or other ties.
G. It will give the Department the access to and the right to examine all records, books,
papers, or documents related to this Grant Agreement,
H. It will comply with all requirements imposed by the Department concerning special
requirements of law, program requirements, and other administrative requirements.
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 friability Act, as amended, 42 USC §§9601 et seq. The Subgrantee
also recognizes that the U.S. Environmental Protection Agency, USDOT, and other federal
agencies have issued, and in the future are expected to Issue, regulations, guidelines,
standards, orders, directives, or other requirements that may affect this Project. Thus, it
agrees to comply, and assures the compliance of each contractor and each subcontractor,
with any federal requirements that the federal government may now or In the future
promulgate.
It will comply with the flood insurance purchase requirements of Section 102(a) of the
Flood Disaster Protection Act of 1973, 42 USC §4012a(a). Section 102(a) requires, on
and after March 2, 1975, the purchase of flood insurance in communities where that
insurance is available as a condition for the receipt of any federal financial assistance for
construction or acquisition purposes for use in any area that has been identified by the
Secretary of the Department of Housing and Urban Development as an area having
special flood hazards. The phrase "federal financial assistance" includes any form of loan,
grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or
any form of direct or indirect federal assistance.
K. It will assist the Department in its compliance with Section 106 of the National Historic
Preservation Act of 1966 as amended (16 USC 470 et seq.), Executive Order 11593, and
the Antiquities Code of Texas (National Resources Code, Chapter 191).
L. It will comply with Chapter 573 of the Texas Government Code by ensuring that no officer,
employee, or member of the Subgrantee's governing board or the Subgrantee's
subcontractors shall vote or confirm the employment of any person related within the
second degree of affinity or third degree by consanguinity to any member of the governing
body or to any other officer or employee authorized to employ or supervise that person.
This prohibition shall not apply to the employment of a person described in Section
573.062 of the Texas Government Code-
M. It will ensure that all information collected, assembled, or maintained by the applicant
relative to this project shall be available to the public during normal business hours in
compliance with Chapter 552 of the Texas Government Code, unless otherwise expressly
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STEP Comprehensive 2025
provided by law.
N. If applicable, it will comply with Chapter 551 of the Texas Government Code, which
requires all regular, special, or called meetings of governmental bodies to be open to the
public, except as otherwise provided by law or specifically permitted in the Texas
Constitution.
ARTICLE 3. COMPENSATION
A. The method of payment for this agreement will be based on actual costs incurred up to and
not to exceed the limits specified In the Project Budget. The amount included in a Project
Budget category will be deemed to be an estimate only and a higher amount can be
reimbursed, subject to the conditions specified In paragraph B of this Article. If the Project
Budget specifies that costs are based on a specific rate, per -unit cost, or other method of
payment, reimbursement will be based on the specified method.
B. All payments will be made in accordance with the Project Budget.
1. The Subgrantee's expenditures may overrun a budget category (I, II, or Ili) 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 offset by an equivalent underrun elsewhere In the Project Budget,
2. An Increase to a salary amount stated in the budget is not considered an overrun. An
underrun elsewhere in the budget may not be used to fund an increase to a stated
salary amount.
3. If the overrun is five (5) percent or less, the Subgrantee must provide written notification
to the Department, through the TxDOT Electronic Grants Management System
(eGrants), prior to the Request for Reimbursement being approved. The notification
must indicate the amount, the percent over, and the specific reason(s) for the overrun.
4. Any overrun of more than five (5) percent of the amount eligible for reimbursement
(TxDOT) in the attached Project Budget requires an amendment of this Grant
Agreement.
5. 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.
6. 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 Il or III.
C. To be eligible for reimbursement under this agreement, a cost must be incurred in
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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 stake funds.
E. Payment of costs incurred tinder this agreement is further governed by the cost principles
outlined In 2 CFR Part 200.
F. The Subgrantee agrees to submit monthly Requests for Reimbursement, as designated In
this Grant Agreement, within thirty (30) days after the end of the billing period. The Request
for Reimbursement and appropriate supporting documentation most be submitted through
eGrants.
G. The Subgrantee agrees to submit (lie final Request for Reimbursement under this
agreement within forty-five (45) days of the end of the grant period.
H. Payments are contingent upon the availability of appropriated funds.
1. Project agreements supported with federal or TxDOT funds are limited to the length of this
Grant Period specified in this Grant Agreement. If the Department determines that the
project has demonstrated merit or has potential long-range benefits, the Subgrantee may
apply for funding assistance beyond the initial agreement period.
Preference for funding will be given to projects based on demonstrated performance history.
ARTICLE 4. LIMITATION OF LIABILITY
Payment of costs Incurred tinder this agreement Is contingent upon the availability of funds. If
at any time during this Grant Period, the Department determines that there Is insufficient
funding to continue the project, the Department shall notify the Subgrantee, giving notice of
Intent to terminate this agreement, as specified in Article 11 of this agreement. If at the end of
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 5, Amendments, to
provide compensation for doing this work on the same basis as the original work. If
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performance of the additional work will cause the maxlmiu11 amount payable to be
exceeded, the work will not be performed before a written grant amendment is executed.
B. If the Subgrantee has submitted work in accordance with the terms of this agreement but
the Department requests changes to the completed work or parts of the work which involve
changes to the original scope of services or character of work under this agreement, the
Subgrantee shall make those revisions as requested and directed by the Department. This
will be considered as additional work and will be paid for as specified In this Article.
C. If the Subgrantee submits work that does not comply with the terms of this agreement, the
Department shall instruct the Subgrantee to make any revisions that are necessary to bring
the work into compliance with this agreement. No additional compensation shall be paid
for this work.
D. The Subgrantee shall make revisions to the work authorized in this agreement that are
necessary to correct errors or omissions, when required to do so by the Department. No
additional compensation shall be paid for this work.
E. The Department shall not be responsible for actions by the Subgrantee or any costs
Incurred by the Subgrantee relating to additional work not directly associated with or prior
to the execution of an amendment.
ARTICLE 7. REPORTING AND MONITORING
A. Not later than thirty (30) days after the end of each reporting period, the Subgrantee shall
submit a performance report through eGrants. Reporting periods vary by project duration
and are defined as follows:
1. For short term projects, the reporting period is the duration of the project. Subgrantee
shall submit a performance report within 30 days of project completion.
2. For longer projects, the reporting period is monthly. Subgrantee shall submit a
performance report within 30 days of the completion of each project month and within
30 days of project completion,
3. For Selective Traffic Enforcement Program (STEP) Wave projects, the reporting
period is each billing cycle. Subgrantee shall submit a performance report within 30
days of the completion of each billing cycle.
B. The performance report will include, as a minimum: (1) a comparison of actual
accomplishments to the objectives established for the period, (2) reasons why established
objectives and performance measures were not met, if appropriate, and (3) other pertinent
information, including, when appropriate, an analysis and explanation of cost underruns,
overruns, or high unit costs.
C. The Subgrantee shall promptly advise the Department in writing, through eGrants, of
events that will have a significant impact upon this agreement, including:
1. Problems, delays, or adverse conditions, including a change of project director or other
changes In Subgrantee personnel, that will materially affect the ability to attain
objectives and performance measures, prevent the meeting of time schedules and
objectives, or preclude the attainment of project objectives or performance measures
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STEP Comprehensive 2025
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of the action taken or contemplated and any Department or federal assistance needed
to resolve the situation,
2. Favorable developments or events that enable meeting time schedules and objectives
sooner than anticipated or achieving greater performance measure output than
originally projected.
ARTICLE B. RECORDS
The Subgrantee agrees to maintain all reports, documents, papers, accounting records,
books, and other evidence pertaining to costs incurred and worts performed under this
agreement (tailed 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 damages incurred by the Department in
litigation or otherwise resisting claims or liabilities as a result of any activities of the
Subgrantee, its agents, or employees.
B. To the extent permitted by law, the Subgrantee, if other than a government entity, agrees to
protect, indemnify, and save harmless the Department from and against all claims,
demands, and causes of action of every kind and character brought by any employee of
the Subgrantee against the Department due to personal injuries to or death of any
employee resulting from any alleged negligent act, by either commission or omission on
the part of the Subgrantee.
C. If the Subgrantee is a government entity, both parties to this agreement agree that no party
is an agent, servant, or employee of the other party and each party agrees it is responsible
for its individual acts and deeds, as well its 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
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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.
8. It 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 it
manner that will not unduly delay the work.
ARTICLE 13. AUDIT
The state auditor may conduct an audit or investigation of any entity receiving funds from the
state directly under this agreement or indirectly through a subcontract under this agreement.
Acceptance of funds directly under this agreement or Indirectly through a subcontract under
this agreement acts as acceptance of the authority of 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
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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 contaln all
applicable terms and conditions of this agreement. No subcontract will relieve the Subgrantee
of its responsibility under this agreement.
ARTICLE 16. 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 t►nder 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 this policy may result in termination of this agreement.
ARTICLE 16. NONCOLLUSION
The Subgrantee warrants that it has not employed or retained any company or person, other
than a bona fide employee working solely for the Subgrantee, to solicit or secure this
agreement, and that it has not paid or agreed to pay any company or person, other than a
bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other
consideration contingent upon or resulting from the award or making of this agreement. If the
Subgrantee breaches or violates this warranty, the Department shall have the right to annul this
agreement without liability or, in Its discretion, to deduct from the agreement price or
consideration, or otherwise recover the full amount of such fee, commission, brokerage fee,
contingent fee, or gift.
ARTICLE 17. CONFLICT OF INTEREST
The Subgrantee represents that it or its employees have no conflict of interest that would In
any way Interfere with its or its employees' performance or which in any way conflicts with the
Interests of the Department. The Subgrantee shall exercise reasonable care and diligence to
prevent any actions or conditions that could result in a conflict with the Department's interests.
ARTICLE 18, SUBGRANTEE'S RESOURCES
A. The Subgrantee certifies that it presently has adequate qualified personnel In its
employment to perform the work required under this agreement, or will be able to obtain
such personnel from sources other than the Department.
B. All employees of the Subgrantee shall have the knowledge and experience that will enable
them to perform the duties assigned to them. Any employee of the Subgrantee who, in the
opinion of the Department, is incompetent or whose conduct becomes detrimental to the
work, shall immediately be removed from association with the project.
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C. Unless otherwise specified, the Subgrantee shall furnish all equipment, materials, supplies,
and other resources required to perform the work.
ARTICLE 19. PROCUREMENT AND PROPERTY MANAGEMENT
The Subgrantee shall establish and administer a system to procure, control, protect, preserve,
use, maintain, and dispose of any property furnished to it by the Department or purchased
pursuant to this agreement in accordance with its own procurement and property management
procedures, provided that the procedures are not in conflict with (1) the Department's
procurement and property management standards and (2) the federal procurement and
property managerent standards provided by 2 CFR §§ 200.216, 200.310-.31 G, 200.318-
.327.
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, systerns
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.
G. All rights to Subgrantee. Classes and materials initially developed by the Subgrantee
Without any type of funding or resource assistance from the Department remain the
Subgrantee's Intellectual property. For these classes and materials, the Department
payment is limited to payment for attendance at classes.
ARTICLE 21. SUCCESSORS AND ASSIGNS
The Department and the Subgrantee each binds itself, its successors, executors, assigns, and
administrators to the other party to this agreement and to the successors, executors, assigns,
and administrators of the other party in respect to all covenants of this agreemenl. The
Subgrantee shall not assign, sublet, or transfer Interest and obligations in this agreement
without written consent of the Department through eGrants.
ARTICLE 22. CIVIL RIGHTS COMPLIANCE
A. Compliance with regulations: The Subgrantee shall comply with the regulations relative to
nondiscrimination in federally -assisted programs of the United States Department of
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i ransporration tu6uu i j: 4Y Ertl, tart r-i; zj ut-K, t-arr zuu; ano wi ut-K, tnapter ou,
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 11376 and as supplemented by the U.S. Depaoment of
Labor regulations (41 CFR, Part 60).
B. Nondiscrimination: (apl)lies to subreclpients 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.G. 4601), (prohibits unfair treatment of persons displaced or whose
property has been acquired because of Federal or Federal -aid programs and projects);
* Federal-Ald 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 1685-1686)
(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 1975 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, subrecipients and contractors, whether such
programs or activities are Federally -funded or not);
* Titles Il 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);
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• Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency (guards against Title VI national origin discriminalion/discrimhtation
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);
28 CFR 60.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the
Civil Rights Act of 1964);
• Executive Order 13985, Advancing Racial Equity and Support for Underserved
Communities through the Federal Government (advancing equity across the Federal
Government);
• Executive order 13988, Preventing and Combating Discrimination on the Basis of
Gender Identity or Sexual Orientation (clarifying that sex discrimination includes
discrimination on the grounds of gender identity or sexual orientation).
The State highway safely 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, contractors, subcontractors, and consultants receiving Federal financial
assistance under this 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 tinder 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:
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'During the performance of this contract/funding agreement, the contractorlfunding
recipient agrees -
a. To comply with all Federal nondiscrimination laws and regulations, as may be amended
from time to tithe;
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 fails to comply with any nondiscrimination
provisions in this contract/funding agreement, the State highway safety agency will have
the right to impose such contract/agreement sanctions as it or NHTSA determine are
appropriate, including but not limited to withholding payments to the contractor/funding
recipient under the contract/agreement until the contra ctorlfunding 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 pert -nit 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 (lie Subgrantee is in the
exclusive possession of another who fails or refuses to furnish this Information, the
Subgrantee shall certify that to file Department or the USDOT, whichever is appropriate,
and shall set forth what efforts the Subgrantee has made to obtain the requested
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information.
E. Sanctions for noncompliance: In the event of the Subgrantee's noncompliance with the
nondiscrimination provision of this agreement, the Department shall impose such
sanctions as it or the USDOT may determine to be appropriate.
F. Incorporation of provisions: The Subgrantee shall include the provisions of paragraphs A.
through E. in every subcontract, including procurements of materials and leases of
equipment, unless exempt by the regulations or directives. The Subgrantee shall take any
action with respect to any subcontract or procurement that the Department may direct as a
means of enforcing those provisions, including sanctions for noncompliance. However, in
the event a Subgrantee becomes involved in, or is threatened with litigation with a
subcontractor or supplier as a result of such direction, the Subgrantee may request the
Department to enter into litigation to protect the Interests of the state; and In addition, the
Subgrantee may request the United States to enter Into such litigation to protect the
interests of the United States.
ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM
A. The parties shall comply with the DBE Program requirements established in 49 CFR Part
26.
B. The Subgrantee shall adopt, in its totality, the Department's federally approved DBE
program.
C. The Subgrantee shall set an appropriate DBE goal consistent with the 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. Information
can be found at web address bhps:I/wwvr.txdot.goylbusinessldisadyfflLtacged-small-
business-enterpi I seldhe-aIrpori-concessions.Ill ml
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 Pad 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: Tile
contractor, sub -recipient, or sub -contractor shall not discriminate on the basis of race,
color, national origin, or sex in the performance of this contract. The contractor shall carry
out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT-
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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 DEBARMENTAND SUSPENSION (applies
to subreciplents as well as States)
Instructions for Primmy Tier Participant Certification (States)
1. By signing and submitting this proposal, the prospective primary tier participant is providing
the certification set out below and agrees to comply with the requirements of 2 G R 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 an explanation shall disqualify such person
from participation in this transaction_
3. The certification in this clause is a material representation of fact upon which reliance was
placed when the department or agency determined to enter into this transaction. If it is later
determined that the prospective primary 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.
a. 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.
6. Tile prospective primary tier participant agrees by submitting this proposal that, should the
proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is proposed for debarment under 48 CFR Part 9,
subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from
participation in this covered transaction, unless authorized by the department or agency
entering Into this transaction.
7. The prospective primary tier participant further agrees by submitting this proposal that it will
Include the clause titled "Certification Regarding Debarment, Suspension, Inellgibllity and
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Voluntary ExdLision-Lower Tier Covered Transaction," provided by the department or agency
entering into this covered transaction, without modification, in all lower tier covered
transactions and in all solicitations for lower tier covered transactions and will require lower
tier participants to comply with 2 CFR parts 180 and 1200.
8, A participant In a covered transaction may rely upon a certification of it prospective
participant in a lower tier covered transaction that it is not proposed for debarment under 48
CFR part 9, subpart 9.4, debarred, suspended, Ineligible, or voluntarily excluded from the
covered transaction, unless it knows that the certification is erroneous. A participant is
responsible for ensuring that Its principals are not suspended, debarred, or otherwise
ineligible to participate 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
(httpsJ/www.sa1-n.gov1).
9. Nothing contained In the foregoing shall be construed to require establishment of a system
of records in order to render In good faith the certification required by this clause. The
knowledge and information of a participant is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant
In a covered transaction knowingly enters into a lower tier covered transaction with a person
who is proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred,
Ineligible, or voluntarily excluded frorn participation in this transaction, in addition to other
remedies available to the Federal Government, the department or agency may terminate this
transaction for cause or default.
Cottt 0's alerr ri a
Tier 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 focal) with commission of any of the offonses
enumerated in paragraph (1)(b) of this certification; and
141 14won nnf within o ihmn unor narinri nrnr-ndinn fhic annlirufinnlnrnnnanl hart nno nr
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kUj I IfAVU IWt YMIt111I1 u t1I1 UQ-y G41I NGIIUU PI GI.GU It Itj U110 CAPPIlULALIVIV tit V!-IU041I IIEM UIIU VI
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 or Lo er Il er Pagi.cipant Cerlificati on
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 the prospective
lower tier participant knowingly rendered an erroneous certification, In addition to other
remedies available to the federal government, the department or agency with which this
transaction originated may pursue available remedies, including suspension or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person
to which this proposal is submitted if at any time the prospective lower tier participant learns
that its certification was 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.
5. The prospective lower tier participant agrees by submitting this proposal that, should the
proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is proposed for debarment under 48 CFR Part 9,
subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from
participation in this covered transaction, unless authorized by the department or agency with
which this transaction originated.
G. 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, III 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 under 48
CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the
covered transaction, unless It knows that the certification is erroneous. A participant is
responsible for ensuring that its principals are not suspended, debarred, or otherwise
Ineligible to participate 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
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required to, check the System for Award Management Exclusions website
(Mips'//Ymw..aam govl).
8. Nothing contained in the foregoing shall be construed to require establishment of a system
of records in order to render In good falth the certification required by this clause. The
knowledge and information of a participant Is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in
a covered transaction knowingly enters into a lower tier covered transaction with a person who
is proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred,
Ineligible, or voluntarily excluded from participation in this transaction, in addition to other
remedies available to the Federal government, the department or agency with which this
transaction originated may pursue available remedies, including suspension or debarment.
Collif
cat b end'ng Debarinent, Sy-Ruension, lualkAW-V nd Voluntaty Exclusiot)=,
Ewer Tisr 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 26. CERTIFICATION REGARDING FEDERAL LOBBYING (applies to
subreciplents 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 on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of
any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to Influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
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3. The undersigned shall require that the language of this certification be included In the award
documents for all sub -awards at all tiers (including subcontracts, subgrants, and contracts
under grant, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered Into. Submission of this certification Is a prerequisite for
making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any
person who fails to file the required certification shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such failure.
ARTICLE 26. CHILD SUPPORT CERTIFICATION
Under Section 231.006, Texas Family Code, the Subgrantee certifies that the individual or
business entity named In this agreement is not Ineligible to receive the specified grant, loan,
or payment and acknowledges that this agreement may be terminated and payment may be
withheld if this certification is inaccurate. If the above certification Is shown to be false, the
Subgrantee is liable to the state for 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 part of a court -supervised effort to Improve earnings and
child support payments.
ARTICLE 27. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT
REQUIREMENTS
A. Any recipient of funds under this agreement agrees to comply with the Federal Funding
Accountability and Transparency Act and Implementing regulations at 2 CFR Part 170,
Including Appendix A.
B. The Subgrantee agrees that it shall:
1. In accordance with 2 CFR Part 25, all federal financial assistance applicants must
obtain a unique entity identifier (UEI) from SAM. The UEI is a 12-character, alpha-
numeric value.
2. Report the total compensation and names of its top five (5) executives to the state if.
i. More than 80% of annual dross revenues are from the Federal government, and
those revenues are greater than $25,000,000; and
ii. The compensation information is not already available through reporting to the U.S.
Securities and Exchange Commission.
ARTICLE 28. SINGLE AUDIT REPORT
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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 $1,000,000 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 Compliance Division, 125 East 11th Street, Austin, TX 78701 or
contact TxDOT's Compliance Division at singleauditsf clot.gov
C. if expenditures are less than $1,000,000 during the Subgrantee's fiscal year, the
Subgrantee must submit a statement to TxDOT's Compliance Division as follows: "We did
not meet the $1,000,000 expenditure threshold and therefore, are not required to have a
single audit performed for FY "
D. For each year the project remains open for federal funding expenditures, the Subgrantee
will be responsible for filing a report or statement as described above. The required annual
filing shall extend throughout the life of the agreement, unless otherwise amended or the
project has been formally closed out and no charges have been incurred within the current
fiscal year.
ARTICLE 29. BUY AMERICA ACT (applies to subrecipients as well as States)
The State and each subreciplent 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 subrecipients as wail 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.
ARTICLE 31. NONGOVERNMENTAL ENTITY'S PUBLIC INFORMATION
( This ar icle applies attly to non-p!'ofit e►rtifies.)
The Subgrantee is required to matte any Information created or exchanged with the
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Department pursuant to this Grant Agreement and not otherwise excepted from disclosure
under the Texas Public Information Act, available in a format that is accessible by the public at
no additional charge to the Department. [SB-1368, 83rd Texas Legislature, Regular Session,
Effective 911113]
ARTICLE 32. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET
USAGE (applies to subrecipients as well as States)
The State and each 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 §25.006(b). Subgrantee
certifies it has adopted an Internal ethics and compliance program that satisfies the
requirements of Title 43 Texas Administrative Code §10.51 (relating to Internal Ethics and
Compliance Program). Subgrantee shall enforce compliance with that program.
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COUNTY .r4ERITD
Jefferson Comity - Beawnn it District
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POLITICAL DISTRICT SERVED
U.S. Congress` Congressional District 14
Texas Souate* Texas Senate District 4
Texas House* Texas House ofRepresentath es District 21
Texas House of Representatives District 22
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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 under the Influence
of alcohol and other drug -related crashes, Injuries, and fatalities.
Strategy: Increase and stIstain high visibility enforcement of DWI laws.
Goal: To Increase occupant restraint use, Including child -safety seats, in all
passenger vehicles and trucks.
Strata Increase and sustain high visibility enforcement of occupant protection
Strategy: 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.
Strata Increase and sustain high visibility enforcement of Intersection Traffic
Strategy: 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
Irafhc issues.
IT 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 ntiniber,https://egrants.bts,txdot.gov/-Upload/1279024_341467-FY24HeatMap
(212931.jpg
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BASELI NT- INFORMATION
Basoliva Defiuition; A nmuber sening as afomrdationfor subgrantees to n►easure pre -gram traffic
enforcement activity. Baseline infotniation trust be provided by the subgramee ut order to identity local
traffic ctiforcement related acthity. `fltis urformadon should exclude any acthity generated rvith STEP grtuat
dollars_ Once the baseline is establlslied, these figures Nlfl be used to compare subsequent year's local and
grant traffic etf'orcenlent acWty.
Note for A►rests/Citatious and Wk ittou Warntugs; Baseline data used inust be no older dean 2020.
Note KA Crashes: KA crash data is provided to subgrantees tlrrougll the RFP document. Each
jurisdiedon is provided with correspotidu►g KA crash ryumbers based on a three-year rolling average.
County -level agencies should use the data from "Rural X Comity."
Baselu►e Year for Arrests!Citadons amid Written
Nvartdtrgs (12 naot►ths)
Baseline A-leasure
Driving Under Influence (DUI)
Speed
Safety Belt
Child Safety Seat
Intersection Traffic Control (ITC)
Distracted Driving Citations
Other Elements
.From 10/i/2022 To 9/30/2023
'4'4'ritteu
KA
Arrests/Citations NIIarniu s
Crashes
0 0
10
0 0
41
0 0
13
0 a
0 0
38
0 0
0 0
If you have additional attachiuents, provide them on the "Attachments" page.
2025-Beaumont-S-1YG-00076 Printed an; 9/25/2024 Page 27 of 38
City of Beaumont Police Department
STEP Comprehensive 2026
LAW EATORCEI ENT OBJECT"T/PERb ORllMNCE AEASURE
Objective/Performance Aleasure Target Not Applicablo
Number
Reduce the nutntiber of Alcohol -Involved (DWUDUO KA crashes 10
to
Reduce the number of Speed -related KA crashes to 30
Reduce dtie nuiuber of All OP -related (Sentbelt and CWd 14
Passenger Safety) KA crashes to
Reduce the number of ITC -related KA crashes to 30
Note: Nothing In this agreement shall be interpreted as a requirement, formal or in€ormal, that
a peace cifficer issue a specified or predetermined nu►uber of citations in pursuance of the
Subgrautee's obligations hereunder. Department and Subgrantee acknowledge that Texas
Transportation Code Section 720.002 prohibits using traffic -offense quotas and agree that
nothing in this Agreement is establishing an illegal quota.
In addition to the STEP enforcement activities, the subgrautee must maintain baseline nou-
STEP funded citation and arrest activity due to the prohibition of supplanting.
2025- Beaumont-S-1 YG-00076 Printed On; 9/25/2024 Page 28 of 38
City of Beaumont Police Department
STEP Comprehensive 2025
PME QBJECTWEIPERFORMANCE MEASURE
XI agree to tl►e below efforts with a public hifortuation and education (PMR) program.
a. Conduct a n"nwn of five (5) presentations
b. Conduct a rrwurnwu of five (5) inedia exposures (e.g. news conferences, news releases, mid uitennews)
c. Conduct a n"nwn of two (2) conuuwrity events (e.g. licaldi fair$, boodts)
2025-Beaumont-S-M-00076 Printed On: 9/25/2024 Page 29 of 38
City of Beaumont Police Department
STET' Comprehensive 2025
ENFORCEISIENT ZONES
Zone Nine ;
Zone 1
Eastex Freeway Coffidor
US HAVY 69 from Folsom to Tram
Zone Description :
Hwy 105 fi-oni US Hwy 69 to FM 364
Folsom &oui FM 364 to US Hwy 69
Zone Hours :
24/7 Enforcement
lidps:1legra<its.bts.txdot.go,,,l_Upload/1333109-341453-
Zone Detail Map:
20240813110001797.pdf
Additional
Documentation,
2025-Beaumont-S-1YG-00076 Printed On: 9/26/2024 Page 30 of 38
City of Beaumont Police Depaitment
STEP Comprehensive 2025
ENFORCEMENT ZONES
Zone Name: Zone 2
IH-10 mid College Street Corridor
Zone Description ; 111-10 fi-om H%%T 90 to Delaware Street
Hwy 90 f'ronr E11I 364 to I ltli Street
I1di Street froml wy 90 to Delaware Street
Zone Hours: 2417 Enforcement
Zone Detail iliap : https:Iiegrmtits.bts.tadot,go�, Upload/1279388_341453-
20240813110022823.pdf
Additional
Documentation
2025-Beaumont-S-IYC-00076 Printed On: 9/25/2024 Page 31 of 38
City of Beaumont Police Department
STEP Comprehensive 2025
It NFORC1 i1 ENT ZO14TS
Zone Name:
Zone 3
M.L.K. Blvd, mid Ltuntu- Unh ersity CeMdor
Zone T)escri#Minn :
Spur 380 from US Hwy 69 to H%vy 90
US Hwy 69 from Spur 380 to W. }Florida Street
E. Florida Street from US Hwy 69 to Spur 380
Zone Hours :
2417 Enforcement .
Zone Detail 1llip :
littps' legriufts,Uts.txdot.goN1 Uplondt1279389-341453-
20240813110103 869.p df
Additional
Documentation
2025-Beaumont-S-1YG-00076 Printer! On: 9/26/2024 Page 32 of 38
City of BeaUmont Police Department
STEP Comprehensive 2025
AGENCY INFORMATION
Agency Contacts
1. A%o is your deparbuent's C1ief+SherifftConstable? Sallies
Singietat yf
2. How malty years has that person held that position at this agency? 12
3. ZN'ho is the person ut charge of ti-aitr{tig at yotu- department? Lt. Detrick Fowler
4. Please proAde their work email and telephone snuttber. derrick,fbwler [@beam:
5. What is the atanme of the person itt charge of yom department's official social
media accounts? Sgt.'I'itomas Swope
6, Please provide their work ctttail and telephone tnuube. thomas.swope c beaur
Seivice Data
1. NN Itat is the size In square miles of your depamnent's ser%tice area? S5.9
2. NN'hat is die latest esthnated population of your sen ice area? 118500
3. How m my sworn officer positions is your agency authorized? 260
4. How many of those positions are currently Med? 2,17
S. How many total calls for service did your agency log in the past 12 months? 139671
6. How many total Crashes did your agency respond to lit the past 12 months? 3723
7. How many total vehicle stops did your agency make in the past 12 months? 13802
BTS Program Area
2025-Beaumotlt-S-IYG-00076 Printed On; 9125/2024 Page 33 of 38
City of Beaumont Police Department
STEP Comprehensive 2025
1. Does your agency participate in Fatal Crash Review (FCR) meetings wide
TxDOT? No
2. Does your department have a traffic orris? Yes
3. Does your department have a DAVI tuut? No
4. Does your depa►ttnent have at least one currently certified Drag Recogiution
Expert (DRE)? Yes
S. Does your departtuent have at least otte certified Cluid Passenger Safety (CPS)
Teclutician or Instructor? Yes
6. Does your department have at least one data analyst? Yes
7. Does your department have at least one cettified Commercial VeWcte
Enforcement (CNrE) officer? Yes
S. Does your agency have a Controlled Patty Dispersal (CPD) program in place for
tutderage individuals who, are gairtirag social access to alcohol at parties? Na
9. Arc dtere arty officially designated bicycle routes its your sen ice area? Yes
10. Are there ride -sharing options available hi your conm uw ty such as Leff or Uber? Yes
2025-Beau mont-S-1 YG-00076 Printed On: 9/26/2024 Page 34 of 38
Clty of Beaumont Police Department
STEP Comprehensive 2025
SALARIES AND FRINGE BENEFITS
Rsx EntwaFmet 1�R �
o.elllYu Ae� iurTlYrr
pat Wilont 11IFISE)
In d C {Ad"Milativa
044ij an MIA pi2o.thNl iha OVarTiTa andor Regular TPm ba'.arr
that Rpp$toth9N IUNCIIIhefiIraf1aaNsIneIndC,IaIVa601hGakatuntwAld
A"MM
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Wqa rMT Satuks TVAI
rwije
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HASP 53UMS SlUfki
!:
Ffl>]a
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6700)) 3?3,2950) $13.700)
2219!i
W$93.12
SFrptlYt.
:Vt v
010)) 313M20) 513%3101
2219€i
41.131,11
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j !i
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M.100) Y) 492.16201
S20.72723
C-0'+lYjOf/
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!1 l.iSki1
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51latki:
392.1b2W
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1,0 40We Pfr's
0
�
00ki 03,12723
�
100 %
8UT2723
-- -
c�:IxauxaolrnY;e
FMi3YG4] Fa
FCA-Ved fEk' 143%
WASAC14YA'd
U1.61s0ft)J'dfLift.
PIVL !dIIVIV9!WRItOM
210M
TV,eI OF*w Prvq
2240%
2025-Beaumont-S-1YG-00076 printed On: 9/25/2024 Page 35 of 38
City of Beatlm011t Police Department
STEP Comprehensive 2026
Description
File Upload
Proposed Percentage
Apply fire Indirect Cost
Rate to:
Total Selected Aurowrt
Exemption Amount
Exemption Reason
Eligible Amount
Total Cost
INDWXCT COST - 800
Indirect costs allowed by grwit.
10%
X (100) Salaries - S92,162.00
(200) Ftinge Benefits - $20,727.23
(.300) Travel and Per Diem - Non-enforcers►ent Travel - SO / STEP
Enforcement mileage - SO
(400) Egidpment - $O
(500) Supplies - SO
(600) Contractual Ser-Ores - SO
(700) Other Miscellaneous - SO
S92,162.00
S92,162.00
S9,216.20
Please enter allocation amowtt per items entered h1 die foilowutg fields.
Click the Saes button to calculate tl►e percentages.
;Amount Percentages
TkDOT 0.00%
Match 100.00%
Total S9,216.20
2026-Beaumont-S-1YG-00076 Printed On: 9/25/2024 Page 36 of 38
City of Beaumont Police Qepar#ment
STEP Comprehensive 2025
Budget Category
Category I - Labor Costs
(100) Salaries
(200) Fringe Benefits
Category I Sub-
Total
Category 11- 01her Direct Costs
(300) Travel
(400) Equipment
(500) Supplies
Contractual
(600) j Services
(700) Other
Miscellaneous
Category It Sub-
; Total
Total Direct Costs
Category III - Indirect Costs
(600) Indirect Cost Rate
Summary
ITotal Labor Casts
Total Direct Costs
Total Indirect
Costs
Grand Total
T Fund Sources
(Percent Share)
Budget Sunumaii,
TXDOT j Match
$92,162.00 $0 j
$0 : $20,727.23 11
$92,162.00 $20,727.23
$0
$0
$01
$0
$0
$0
$0
$0
$0 .
$0
4
$0
$0
$92.162.001
$20,72T23
Total
$92,162.00
$20,727.23
$0
$0
$0
$0
$0
$0
$112,889.23
$0 $9,216.20I $9,216.20
$92,162.00 ! $20,727.23 ` $112,069.23
$n $n $0
$0 $9,216.20 $9,216.20
I
$92,162.00 ! $29,943.43 $122,105.43
76.40% i 24.62%
2025-Beaumont-S-1YG-00076 Printed On: 9/25/2024 Page 37 of 38
City of Beaumont Police Department
STEP Comprehensive 2025
TEXAS TRAFFIC SAITTY PRO GRAM GRANT AGRFFIVEENT
The signatory of Ole Subgrantee hereby represents acid wan'WAS that shetlle is atv otiicer of file argatuzation
for Ni ich sheAe has executed this agreement and that sheAie has full and complete audtority to eater into
Us agrecnirnt on behalf of the orgatization.
Subgrautee Signature
By cliecking this box, I agree to vise electrotic. signatures. Futthennore, I confirm that I have
X signature authority to execute dils document and it Is an electrotic represet►tation of lily signature for
ail purposes when I use it oil documents, inehtdhtg legally binding contracts just the same as n
pen -and -paper signature.
Natne:
Title:
Date:
UDOT Siguature
By checking this box, I agree to use electrotuc signatures. Furthermore, I confirm that I have
signature authority to execute this docutnent audit is an etectrotic representation orwy signature for
all purposes when I use it oil documents, incluttuig legally bhidasg contracts just die smile as a
pen -mid -proper signature.
Naive:
Tide:
Date:
2025-Beaumont-S-1YG-00076 Printed On: 9/25/2024 Page 38 of 38
City of Beaumont Police Department:
STEP Comprehensive 2025
Texas Department of Transportation - Traffic Safety
Electronic Signature Authorization Form
This form Identifies the person(s) who have the authority to sign grant agreements and
amendments for the Grant ID listed at the bottom of the page.
Name Of Organization: City of Beaumont
Project Title: STEP Comprehensive
Authorizing Authority
The signatory of the Subgrantee hereby represents and warrants that she/he is an officer of
the organization for which she/he has executed this agreement and that shelhe has full and
complete authority to enter into the agreement on behalf of the organization. I authorize the
person(s) listed under the section "Authorized to Electronically sign Grant Agreements and
Amendments" to enter into an agreement on behalf of the organization.
Name: - -
Title:
Signature:
Date:
Under the authority of Ordinance or Resolution
Number (if applicable)
Authorized to Electronically Sign Grant Agreements and Amendments
List Subgrantee Administrators who have complete authority to enter Into an agreement on
behalf of the organization.
Print Name of Subgrantee Administrator In Title
TxDOT Traffic Safety eGrants
1.
,J kor OP/W
a
z, -
,EMI t 1a'(�A�tV .�r _, itmr�(vr
2025-Beaumont-S-1YG-00076 Printed On: 9/24/2024 Page 1 of I