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HomeMy WebLinkAboutResolution - 2017-R0344 - Grant Agreement With State Of Texas - 09/28/2017Resolution No. 2017-RO344 Item No. 6.1.2 September 28, 2017 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock, or his designee, is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Texas Traffic Safety Program eGrant Agreement from the State of Texas, acting by and through the Texas Department of Transportation for the "Providing Education Today for a Safer Tomorrow" project for bicycle, car, pedestrian, and other safety-related programs at Safety City. A copy of said eGrant Agreement is attached hereto and shall be incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on September 28, 2017 DANIEL M. POPE, MAYOR ATTEST: Reb*-ca Garza, City APPROVED AS TO CONTENT: Faulkenberry, Parks and Recreatiob Director APPROVED AS TO FORM: • City Attorney ccdocsiRES Adoption — Texas Traffic Safety Program eGrant Agreement Parks & Recreation September 12. 2017 Texas Traffic Safety eGrants Fiscal Year 2018 Organization Name: City of Lubbock - Parks & Recreation Legal Name: City of Lubbock Payee Identification Number: 17560005906000 Project Title: Safety City: "Providing Education Today for a Safer Tomorrow" ID: 2018-LubbockP-G-1 YG-0241 Period: 12122/2017 to 09/30/2018 City of Lubbock - Parks & Recreation General -2018 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 Lubbock 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 GovemmentfTransit District AUTHORITY Texas Transportation Code, Chapter 723, the Traffic Safety Act of 1967. and the Highway Safety Performance Plan for the Fiscal Year 2018 Name of the Federal Agency National Highway Traffic Safety Administration CFDA Number 20.600 CFDA Title State and Community Highway Safety Grant Program Funding Source Section 402 DUNS 058213893 FAIN 18X9204020TX17 69A37518300004020TX0 Project Title Safety City: "Providing Education Today for a Safer Tomorrow" Description The Primary goal of Safety City is to develop and provide comprehensive traffic education programs to the South Plains with the initiative to create a safe environment on and around public roadways This protect is Not Research and Development Grant Period This Grant becomes effective on 1212212017 or on the date of final signature of both parties, whichever is later, and ends on 0913012018 unless terminated or otherwise modified Total Awarded $48,694.65 Amourit Eligible for Reimbursement by the Department- $28,606.80 Match Amount provided by the Subgrantee: $11,887.85 2018-LubbockP-G-1 YG-0241 Printed On: 12/28/2017 Page 1 of 33 City of Lubbock - Parks & Recreation General -2018 TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT The sigatory of the Subgrantee hereby represents and warrants that she/he is an officer of the organization for which she/he has executed this agreement and that she/he has fil and complete authority to enter into this agreement on behalf of the organization. Subgrantee Signature By checking this box, I agree to use electronic signatures. Furthermore, I confirm that I have X signature autherhy to execute this document and it is an electronic representation of my signature for all purposes when I use it on documents, including legally binding contracts—just the same as a pen -and -paper signature Name M& 0 Williams Title_ Outdoor Recreation Coordinator Date: Sep 29 2017 219PM TxDOT Signature By checking this box, I agree to use electronic signatures. Furthermore. I confirm that I have X signature authority to execute this document and it is an electronic repres=Azdon of my sigtlarwe for all pusses when I use it on documents, including legally binding contracts—just the same as a pert -and -paper signature.. Name: Terry Pence Title: Traffic Safety Director Date: Dec 22 2017 31IPM 2018-LubbockP-G-1 YG-0241 Printed On: 12/28/2017 Page 2 of 33 City of Lubbock - Parks & Recreation General -2018 Texas Traffic Safety Program GRANT AGREEMENT GENERAL TERMS AND CONDITIONS Delin;tions For purposes of these Terms ai)d Conditiuns the'Departmenr is also known as the 'State' and the 'prospective primarypartidpanr and the 'Subgrantee' Is also known as the 'Subrecipienr and 'prospective lewei tier partidpanr ►�]�11I�I>!#I�+T�I��f;l�►.L.�4tTi�lii;ITI'i'Fa The Subgrantee shall complywith 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, withoutllmitation, 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 Departmentwith satisfactory proof of compliance ARTICLE 2. STANDARD ASSURANCES The Subgrantee assures and certifies that Itwill complywith the regulations, policies, guidelines. and requirements, Including 2 CFR Part 200: and the Departments Traffic Safety Program Manual, as they relate to the application, acceptance, and use of federal or state funds for this project. Also, the Subgrantee assures and certifies that: A it possesses legal authority to apply for the grant; and that a resolution motion, or similar action has been duly adopted or passed as an official act of the applicants governing body, authorizing the filing of the application, including all understandings and assurances contained In the application, and directing and authorizing the person Identified as the official representaUve of the applicant to actin connection with the application and to prcMde any additional Information that may be required B 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 d; scriminate, on the grounds of race, color, sex, national ongin, age, religion, or disability C. It wilt complywith 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 (USD0T) regulations, 'Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted Programs,' 49 CFR, Part 24, which provide far fair and equitable treatment of persons displaced as a result of federal and federally assisted programs D It will comply with political activity (Hatch Act) (applies to subreciplents as wel I as States) The State will comply with provisions of the Hatch Act (5 U.S C 1501-150B) which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federa; funds I_ Itwill comply with the federal Fair Labor Standards Act's minimum wage and overtime requirements for employees performing project work F Itwill establish safeguards to prohibit employees from using their positions Fara purpose that is or gives the appearance of being motivated by a desire for private galn forthemsetves or others. particularly those with whom theyhave family, business, or otherties G Itwill give the Departmentthe access to and the right to examine all records, books, papers, or documents related to this Grant Agreement. H Itwill complywith all requirements imposed bythe Department concerning special requirements of law, program requirements, and other administrative requirements 2018-LubbockP-G-1YG-0241 Printed On: 12/28/2017 Page 3 of 33 City of Lubbock - Parks & Recreation General -2018 I It recognizes that man{ federal and state laws imposing environmental and resource conservation requirements may apply to this Grant Agreement. Some, but not all, of the majorfederal 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 USC §§9601 et seq The Subgrantee also recognizes that the U S. Environmental Protection Agency, USOOT, and otherfederal 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 anyfederal requirements that the federal government may now or in the future promulgate J It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, 42 USC §4012a(a). Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where that insurance is available as a condition for the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been Identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards The phrase 'federal financial assistance` includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy. disaster assistance loan or grant, or any form of direct or indirectfederal assistance. K itwill assistthe Department in its compliance with Section 106 of the National Historic Preservation Act of 1965 as amended (16 USC 470 el seq ), Executive Order 11593, and the Antiquities Code of Texas (National Resources Code, Chapter 191). L Itwill comply with Chapter 573 of the Texas Government Code by ensuring that no officer, employee, or member of the Subgrantee's govemin g board or the Subgrantee's subcontractors shall vote or confirm the employment of any person related within the second degree of affinity or third decree 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 Goyemment Code M ttwiil ensure that all information collected, assembled, or maintained bythe applicant relative to this project shall be available to the public during normal business hours in compliancewith Chapter552 of the Texas Government Code, unless otherwise expressly provided by law. N. If applicable, it will comply with Chapter 551 of the Texas Government Code, which regtilres 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. A The method of payment for this agreement will be based an actual costs incurred up to and not to exceed the limits specified in the Project Budget The amount inciuded in a Project Budget categorywill be deemed to be an estimaie only and a higher amount can be reimbursed, subject to the conditions specified in paragraph 6 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 wil I be based on the specified method. B All payments wi' I be made in accordance with the Project Budget 1 The Subgrantee's expenditures may overrun a budget category (I, 11, or III) in the approved Project Budget without a grant (budget) amendment, as long as the overrun does not exceed a tot@: of five (5) percent of the maximum amount eliglble for reimbursement CNDOT) in the attached Project Budget for the currentfiscal year This overrun must be off -set by an equivalent underrun elsewhere in the Project Budget 2_ if the overrun is five (5% percent or less, the Subgrantee must provide written notificatio n to the Department, through the TxDOT Electronic Grants Management System (eGrants), priorto the Requestfor Reimbursement being approved. The notification must indicate the amount, the percent over and the specific reason(s) for the overrun 3 Any overrun of more than five (5) percent of the amount eligible for reimbursement (fxDOT) in the attached Project Budget requires an amendment of this Grant Agreement 2018-Lubbock P -G-1 YG-0241 Printed On: 12/28/2017 Page 4 of 33 City of Lubbock - Parks & Recreation General -2018 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 Budges, Subgrantees are not allowed to use underrun funds from the TXDOT amount of (100) Salaries, Subcategories A.,'Enfemement; ` or B. `PI&E Activities,- to exceed the TxDOT amount fisted in Subcategory C, "Other' Also. Subgrantees are not allowed to use underrun funds from the TxDOT amount of(1Oa 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 rive (5) percent flexibility, with underrun funds from Budget Categories 11 or III C To be eligible for reimbuTsemenl underthis agreement, a cost muss 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 (replacey funds from any other sources The term'supplanbng,- refers to the use of federal orTxDOT funds to support personnel or an activity already supported by local or state funds E. Payment of costs incurred under this agreement is further governed by the cost principles outlined In 2 CFR Part 200 F The Subgrantee agrees to submit monthly Requests for Reimbursement, as designated In this Grani 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 agreementwithin forty-five (45) days of the end of the grant period M. Payments are contingent upon the availability of appropriated funds I Project agreements supported with federal or TxDOT funds are limited lo 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 fund,ng assistance beyond the Initial agreement period. Preference for funding will be given to projects based on (1) proposed cost sharing and (2) demonstrated performance history FJ-AfA1XN 111LI1f t110I;Lr12ii 1:I1ffM Payment of costs Incurred under this agreement is contingent upon the availability of funds if at anytime during this Grant Period, the Deparlment determines that there is insufficient fund.ng to continue the project, the Department shall notify the Subgrantee, giving notice of intent lo terminate This agreement, as specified in Article 11 ofthls agreement if at the end of a federal fiscal year. the Department determines thalthere Is sufficient funding and performance to continue the project the Department may notify the Subgrantee to continue this agreement ARTICLE 5, AMENDMENTS This agreement mai 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. ADDI-1 0NAL WORK AND GRANGES IN WORK A tf the Subgrantee is of the opinion that any assigned work is beyond the scope of this agreement and r:onst Ves 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 wrillen amendment to this agreement will be executed according to Article 5, Amendments, to provide 201 B-LubbockP-G-1 YG-0241 Printed On: 12/28/2017 Page 5 of 33 City of Lubbock - Parks & Recreation General -2018 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 R If the Subgrantee has submitted work in accordance with the terms of this agreement bulthe 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 underthis 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 sha I 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 thework authorized in this agreemenithat are necessaryto correct errors or omissions, when requlredto do so bythe Department No additional compensation shall be paldfor this work. E The Department shall not be responsible to r 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 ►_I:i1:+t�#A:94�+I:�rr7I.�7T;i7TT+1:�i +i�Tt:i? A Not laterthan thirty (30) days after the end of each reparting period. the Subgrantee shall subm.t 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 andwith€n 30 days of protect completion. 3. For selective Traffic Enforcement Program (STEP) Wave projects, the reporting period is each bill Ing 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 advisethe 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, thatwill 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 bythe establishedtime periods This disclosure shall be accompanied by a statement of the action taken or contemplated and any Department or federal assistance needed to resolve the situation 2. Favorable developments or events that enable meeting time schedules and objectives sooner than anticipated or achieving greater performance measure output than originally projected. D The subgrantee shall submit the Final Performance Report through eGrants within thirty (30,, da4s after completion of the grant 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 GrantAgreement The Subgrantee further agrees to retain the Records for four (4) years from the date of final 2018-LubbockP-G-1 YG-0241 Printed On: 12/28/2017 Page 6 of 33 City of Lubbock - Parks & Recreation General -2018 payment underthis agreement, until completion of all audits, or until pending litigation has been completely and fully resolved, whichever occurs last Duey 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 11A0801.*AIB111& 1W1114!-11.01 ,: 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 liabll.ty due to the ads 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 attom ey fees, all court costs and awards for damages incurred b•; the Department In litigation or otherwise resisting claims or liabilities as a result of any activities of the Subgrantee. Its agents, or employees 9 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 land and character brought by any employee of the Subgrantee againstthe Department due to personal injuries to or death of any employee resulting from any alleged negligent ad, 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 orwritten 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 a.l 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 8 The Department shall compensate the Subgrantee for only those eligible expenses Incurred during the Grant Period specified in this Grant Agreement that are d,rectly 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 not be reimbursed for any new obligations after the effective date of termination ARTICLE 12. INSPECTION OF WORK k 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 perrormed under this agreement and the premises in which it is being performed B. If any inspectior, or evaluation is made on the premises of the Subgrantee or its subcontractor, the Subgrantee shall provide and require its subcontractor to protide all reasonable faral•ties and assistance for the safety and 2018-LubbockP-G-1 YG-0241 Printed On: 12/28/2017 Page 7 of 33 City of Lubbock - Parks & Recreation General -2018 convenience ofthe inspectors in the performance olthelr duties Ali inspections and evaluations shall be performed in a manner that will not unduly delay the work. ARTICLE 43. AUDfr The state auditor may conduct an audit or investigation of anf 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 ads as acceptance of the authority of the State Auditor, under the direction of the f egislative 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 stale auditor with access to any information the state auditor considers relevantto the investigation or audit. ARTICLE 14. SUBCONTRACTS A subcontract in excess of 525,004 may not be executed by the Subgrantee without prior written concurrence by the Department subcontracts in excess of 525,000 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 po:lcy mandates that employees of the Department shall not accept any benefit, gilt, or favor from any person doing business with orwho, reasonably spealdng, 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 Departmenrs Executive Director B Any person doin g business with or who reasonably spealdng may do business with the Department under this agreement may not make any offer of benefits, gaits, 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 sol -,cit or secure this agreement, and that it has not paid o, agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, girt, 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 war interfere with its or its employees performance or which in anyway conflicts with the interests of the Department The Subgrantee shall exercise reasonable care and dfigence to prevent any actions or conditions that could resLf# in a conflict with the Departmenrs interests ARTICLE 1& SUBGRAIME'S RESOURCES X The Subgrantee certifies that it presenby has adequate qualified personnel in :ts employmentto pefform Me work required under this agreement, or will be able to obtain such personnel from sources otherthan 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 opinlon of the Department, is Incompetent orwhose conduct becomes detrimental to the work, shall Immediately be removed from association with the project C Unless otherwise specified. the Subgrantee shall furnish al; equipment materials, supplies, and other 2018-LubbockP-G-1 YG-0241 Printed On: 12/28/2017 Page 8 of 33 City of Lubbock - Parks & Recreation General -2018 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 famished 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 stan dards and (2) th a federal procurement and property management standards provided by 2 CFR §§ 200 310-.316, 200 3113- 324 ARTICLE 20. MVNERSHIP 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 Ali 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 copyn ghts, 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 i nitially developed by the Subgrantee without any type of funding or resource assistance from the Department remain the Subgrantee's intellectual property Forthese classes and materials, the Department payment is limited to paymentfor attendance at classes ARTKLE 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 ether party in respectto all covenants ofthis agreement The Subgrantee shall not assign, sublet, or transfer interest and obligations in this agreement without written consent ofthe Department through eGrants. ARTICLE 22. CML RIGKTS COMPLIANCE A Compliance with regulations The Subgrantee shall comply with the regulations relative to nondiscrimination In federally -assisted programs of the United States Department of Transportation (USDOT): 49 CFR, Part 21,23 CFR Part 200, and 41 CFR Parts 60-74 as they may be amended periodically (called the 'Regulations-) The Subgrantee agrees to comply with Executive Order 11246, entitled -Equal Employment Opportunity; as amended by Executive Order 11375 and as supplemented by the U S Department of Labor regulations (41 CFR, Part 60) B Nondiscrimination (applies to subrecipients as well as Stales)The State highway safety agency and Subgrantee will complywith all Federal statutes and Implementing regulations relating to nondiscrimination These Include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (Pub L 88-352), which prohibits discrimination on the basis of race, color or national origin (and 49 CFR Part 21); (b) Title IX of the Education Amendments of 1972, as amended (20 U S.0 1681-1683 and 1685-1686)- which prohibits discrimination on the basis of sex; (c) Section 504 orthe Rehabilitation Ad of 1973 as amended (29 U S C 794k and the Americans with Disabilities Act of 1990 (Pub L 101-336), as amended (42 U.S.0 12101, etseq.), which prohibits discrimination on the basis of disabilities (and 49 CFR Part 27); (d) the Age Discrimination Act of 1975, as amended (42 U S C 6101-6107)- which prohibits discrimination on the basis of age, (e) the Civk Rights Restoration Act of 1987 (Pub L 100-259), which requires Federal -aid recipients and all subrecipients to prevent discrimination and ensure nondiscrimination In all of their programs and activities, (f) the Drug Abuse Office and Treatment Act of 1972 (Pub- L 92-255), as amended, relating to nondiscrimination on the basis of drug abuse. (g) the comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (Pub L 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism, (h) Sections 523 and 527 of the Public Health Service Ad of 1912. as amended (42 U S.C. 290dd-3 and 290ee-3), relating to 2018-LubbockP-G-1 YG-0241 Printed On: 12/28/2017 Page 9 of 33 City of Lubbock - Parks & Recreation General -2018 confidentiality of alcohol and drug abuse patient records, (i) Titre Vlll of the Civil Rights Act of 1968, as amended (42 U S C 3601, et seq.), relating to nondiscrimination in the sale, rental or financing of housing, (j) any other nondiscrimination provisions In the specific statute(s) underwhich application for Federal assistance is being made, and (k) the requirements of any other nondiscrimination statule(s) which may apply to the application C. Solicitations for subcontracts, including procurement of materials and equipment: In all solicitabons 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 rel ative to nondiscrimination on the grounds of race, color, sex, national origin, age, religion, or disability D. Information and reports The Subgrantee sha' I provide all mformabon 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 ofthe Subgrantee is in the exclusive possession ofanotherwho fails or refuses to furnish this Information, the Subgrantee shall certify that to the Department or the USDOT, whichever is appropriate, and shall set forth what efforts the Subgrantee has made to obraln the requested information E. Sanctions for noncompl lance In the event of the Subgrantee's noncompliance with the non discdminail on 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 equ.,pment, unless exempt by the regulations or directives The Subgrantee shall take any action with respect to any subcontractor 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 lifigation 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 mai,; request the United States to enter Into such litigation to prated the Interests of the United States ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM A The partles steal comply with the DISE Program requirements established in 49 CFR Part 26. B The Subgrantee shall adopt~ in its totality, the Departments federally approved DBE program_ C The Subgrantee shall set an appropriate DBE goal consiste rlwith the Department's DBE guidelines and in consideration of the local market, project stze, and nature of the goods or services to be acquired. The Subgrantee shall have final decision- making authority regarding the DBE goal and shall be responsible for documenting its actions D The Subgrantee shall follow all other parts of the Department's DBE program referenced in TxDOT Form 2395 Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally - Approved Disadvantaged Business Enterprise by Entity and attachments found at web address http)t6ww txdotgovlbusiness1partnershlpsldbe html E The Subgrantee shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-assisted contract or In the administration of Its DBE program or the requirements of 49 CFR Part 26 The Subgrantee shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non- discrimination in award and administration of USDOT-assisted contracts. The Departments DBE program. as required by 49 CFR Part26 and as approved by USDOT, is incorporated by reference in this agreement Implementation of this program Is a legal obligation and failure to carry oul its terms shall be treated as a violation of this agreement Upon notificabon 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 land each subcontract the prime contractor signs with a sub -contractor) must include the following assurance. The contractor, sub-redpient or sub- contractor shall not discriminate on the basis of race, color_ national origin. or sex lin the performance of this contract. The contractor 2018-LubbockP-G-1 YG-0241 Printed On: 12/28/2017 Page 10 of 33 City of Lubbock - Parks & Recreation General -2018 shall carry out applicable requirements of 49 CFR Part2fi 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 othe! remedy as the recipient deems appropriate. ARTICLE 24. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION (applies to subreciplents as well as Stales) Instructions for Primary Certification 1 By signing and submitting this proposal, the prospective primary participant is providing the certification set out below 2. The Inability of a person to provide the certification required below will not necessarily result in denial of participation In this covered transaction, The prospective participant shall submit an explanation of why It cannot provide the certification set out below The certification or explanation will be considered in connection with the department or agencys determination whether to enter into this transaction However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation In this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default 4. The prospective primary participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances 5 The terms covered transaction, debarred, suspended, ineligible, lowertiercovered transaction, participant, person. primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set obit in the Definitions and coverage sections of 49 CFR Part 29 You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations 5. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered Into, It shall not knowingly enter into any lower tier covered transaction with a person who Is proposed for debarment under 48 CFR Part 9, subpart 9 4. debarred, suspended, declared ineligible, or voluntarily excluded from participation In this covered transaction, unless authorized by the department or agency entering into this transaction 7. The prospective primary participant further agrees by submitting this proposal that it will include the clause fitled-CertificationRegarding Debarment, Suspension, lneligiblllty and Voluntary Exclusion -Lower Tier Covered Transaction,' provided by the department or agency entering Into this covered transaction, without modification. In all lower her covered transactions and in all solicitations for lower her covered transactions. B. A participant in a covered transaction may rely upon a certification of a prospective participant In a lowertier covered transaction that it is not proposed for debarment under 48 CFR Part 9, subpart 9 4, debarred, suspended. Ineligible, orvoluntarily excluded from the covered transaction, unless itfnows thatthe certification is erroneous A participant may decide the method and frequency by whi ch it determines the ellgibllAy of its principals Each participant may, bulls not required to check the list of Parties Excluded from Federal Procurement and Non -procurement Programs 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records In order to render in good faith the certification required bythis clause The knowledge ard Information of a participants not required to exceed thatwhich is normally possessed by a prudent person in the ordinary course of business dealings 10. Except for transactions authori¢ed under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower Her covered transaction with a person who is proposedfor debarment under48 CFR Part 9, subpart 9 4. suspended, debarred, ineligible. orvoluntarily excludedfrom 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 2018-LubbockP-G-1YG-0241 Printed On: 12/28/2017 Page 11 of 33 City of Lubbock - Parks & Recreation General -2018 Certification ReaardinaDeharment-Suspension, and Other Responsibility Matters -Primary Covered Transactions (11) The prospective primaryparticipant certifies to the best of, is knovyfedge and belief, that Its prindpaIs (a) Are not presently debarred. suspended proposed for debarment, declared Ineligible, orvoluntarily excluded by any Federal department or agency. (b) Have not within a three-year period preceding this proposal been convicted of or had a dvil)udgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal_ State or local) transaction or contract under a public transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of record, making false statements, or receiving stolen property; (c) Are not presently Indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) orthis certification, and (d) Have not within a three-year period preceding this applicationlproposal had one or more public transactions (f=ederal, State, or local) terminated for cause or default. (2) Where the prospective primary participant Is unable to certify to any ofthe Statements in this certification, such prospective participant shall attach an explanation to this proposal structions for LowerTler Certification 1 By signing and submitting this proposal, the prospedive lower her participant is providing the certification set out below 2. The certification in this clause Is a material representation of fad upon which reliance was placed when this transaction was entered into If It is later determined that the psospectivelower her participant knowingly rendered an erroneous certification in addition to other remedies avai,able to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3 The prospective lowertier participant shall provide immediate written notice to the person to which this proposal Is submitted if at any time the prospective lower her participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances 4 The terms covered transaction. debarred, suspended, ineligible. lower her covered transactionparticipant, person, primary covered transaction, prindpaL proposal, and voluntarily excluded as used In this clause. have the meanings set out In the Definition and Coverage sections of 49 CFR Part 29 You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations 5 The prospective lowertierparticipant agrees by submitting this proposal that, should the proposed covered transaction be entered Into, It shall not knowingly enter Into any lower her covered transaction with a person who is proposed far debarment under 48 CFR Part 9. subpart 9 4 debarred suspended, declared ineligible, or voiuntarilyexcluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6 The prospective lower Ger participant further agrees by submitting this proposal that it will Include the clause titled'Certification Regarding Debarment, Suspension. Ineligibility andVoiuntaryExclusion— LowerTiierCovered Transaction, without modification in all lower her covered transactions and in all solicitations for lower her covered transactions. (See below) 7 A participant in a covered transaction may rely upon a certification of a prospective participant in a lower her covered transaction that it is not proposed for debarment under 48 CFR Part 9, subpart 9 4, debarred.. suspended, ineligible, or voluntarily excluded from the covered transaction unless it knows that the certification is erroneous A participant may decide the method and frequency by which it determines the eligibility of its prindpals Each participant may. but is not required tocheck the List of Parties Excluded from Federal Proc=urement and Non -procurement Programs 2018-LubbockP-G-1 YG-0241 Printed On: 12/28/2017 Page 12 of 33 City of Lubbock - Parks & Recreation General -2018 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 thatwh-ch is normally possessed by a prudent person in the ordinary course of business dealings 9 Exceptfor transactions authorized under paragraph 5 of these instructions, If a participant in a covered transaction knowingly enters into a lower Her covered transaction with a person who is proposedfor debarment under 48 CFR Part 9, subpart 9 4, suspended, debarred, ineligible, orvoluntarity excluded from participation in this transaction, in addition 10 other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension andfor debarment Geitifcatiori Rerrardmg Debarment, Suspension. InelirribiliN, and Vol untarX-Fxclusion -Lower Tier Doriered Transactions: 1. The prospective iowertier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended proposed for debarment declared ineligible. orvoluntarity excluded from participation in this transaction by any Federal department or agency 2. Where!.he prospective lower Her participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. ARTICLE 25. CERTIFICATION REGARDING FEDERAL LOBBYING (applies to subrecipients as well as States) Certification for Contracts Grants, Loans, and Cooperative Agreements In executing this agreement, each signatory certifies to the best of his or her knowledge and belief, that 1 No Federal appropriated funds have been pal 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 arty 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 agreemenL 2_ If any funds other than f=ederal appropriated funds have been paid or will be paid to any person for infiu ending or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions 3. The undersigned shall require that the language of this certification be Included In the award documents for all sub -awards at a•I 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 n subject to a civil penalty of not less than 510,000 and not more than $100,000 for each such failure ARTICLE 26. CHILD SUPPORT CERTIFICATION Under Section 231.006, Texas Fami y Code, the Subgrantee certifies thatthe individual or business entity named In this agreement is not Ineligible to recetvethe specified grant, loan, or payment and acknowledges thatthis agreement may be terminated and payment may be withheld if this certification is inaccurate. If the above certification is shown to be false, the Subgrantee Is liable to the state For attorneys fees and any other damages provided by law orthe 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 (ax of Section 231006, Texas Family Code, as part of a court -supervised effort to Improve earnings and child support payments 2018-LubbockP-G-1YG-0241 Printed On: 12/28/2017 Page 13 of 33 City of Lubbock - Parks & Recreation General -2018 ARTICLE 27. FEDERAL FUNDING ACCOUNTABILITYAND TRANSPARENCYACT 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 vedocket.access gpo gov120101pdV2010-22705 pdf and hitp-Redocketaccess gpo gov120101pdfi2010-22706.pdf B The Subgrantee agrees that itshall 1 obtain and provide to the State a System for Award Management (SAM) number (48 CFR subpL 411) if this award provides for more than 525,000 in Federal funding. The SAM number may be obtained byvisiting the SAM web -site at httpslMww sam gov 2 Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine -character number that allows the Federal government to track the distribution of federal money The DUNS number may be requested free of charge for all businesses and entitles required to do so byvisiting the Dun & Bradstreet (D&B) on-line registration webstte httpillfedgov dnb comlwebform: and 3 Report the total compensation and names of its top fire (5) executives to the Stale if I More than 80% of annual gross revenues are from the Federal government, and those revenues are greaser than $25,000,000; and ii. The compensation information is not already available through reporting to the U.S Securities and Exchange Commission. ARTICLE 28. SINGLE AUDIT REPORT A The parties shall comply with the requirements of the Single Audit Act of 1984, P L 98-502, ensuring that the single audit report includes the coverage stipulated in 2 CFR Part 200 B If threshold expenditures of $750,000 or more are met during the Subgrantee`s fiscal year, the Subgrantee must submit a Single Audit Report and Management Letter (^f applicable) to TxDOT's Audit Office 125 East 11th Street, Austin, 7X78701 or contactTxDOT's Audit Office at singleaudits@txdot.gov C If expenditures are I ass than $750..000 during the Subgrantee's fiscal year, the Subgrantee must submit a statement to TxDOrs Audit Office as follows -We did not meet the $75-3,000 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 wIL 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 dosed cut and no charges have been Incurred within the current fiscal year ARTICLE 29. BUY AMERICA ACT (applies to subrecipients its well as States) The Slate and Subgrantee will complywith the provisions ofthe BuyAmedca Act (49 U.S.0 53230)), which contains the following requirements Only steel, Iron and manufactured products prod -Aced in the United States may be pL-rchased with Federal funds unless the Secretary of Transportation determines that such domestic purchases would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost otthe overall project contract by more than 25 percent Clear justification for the purchase of non- domestic Items must be in the form of a waiver request submitted to and approved by the Secretar, Or Transportation ARTICLE 30. RESTRICTIfDN ON STATE LOBBYING (applies to subreciptents as well as States) None of the funds under this program will be used for aniw 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 2018-LubbockP-G-1YG-0241 Printed On: 12/28/2017 Page 14 of 33 City of Lubbock - Parks & Recreation General -2018 local legislative body Such activities include both direct and indirect (a g, -grassroots") lobbying activities, with one exceptlon. This does not preclude a State official whose salary is supported with NHTSAfunds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or nppose the adoption of a specific pending legislative proposal ARTICLE 31. NONGOVERNMENTAL EN7iTY"S PUBLIC INFORMATION [This article applies onlyto non-profit entities.) The Subgrantee is required to make any information created cr exchanged with the Department pursuant to this Grant Agreement and not otherwise excepted from disclosure underthe Texas Pubic information Act, available in a format that is accessible by the public at no additional charge to the Department iSB-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 Subgranlee will not use 23 U S C Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically larg at motorcyclists ARTICLE 33. INTERNAL ETHICS AND COMPLIANCE PROGRAM Subgrantee shall comply with Tille 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 Administrafive Code §10 51 (relating to Internal Ethics and Compliance Program). Subgrantee shall enforce compliance with that program 2018-LubbockP-G-1YG-0241 Printed On: 12/28/2017 Page 15 of 33 City of Lubbock - Parks & Recreation General -2018 RESPONSIBILITIES OF THE SUBGRANTEE A Carry out the objectives and performance measures of this Grant Agreement by implementing all activities in the Action Plan B. Submit all required reports to the Department (TXDOT) fully completed with the most current information, and within the required times, as defined in Article 3 (Compensation) and Article 7 (Reporting and Monitoring) 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 daimed 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 drscuss problems and schedule for the following quarter's work 2- The project director or other qualified person will be available to represent the Subgrantee at meetings requested by the Department - E. When applicable, all newly developed PI&E materials must be submitted to the Department for written approval, through the TxDOT Electronic Grants Management System (eGrants), prior to final production. Refer to the Traffic Safety Program Manual regarding PI&E procedures 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 an activity already supported by Total or state funds_ I_ The Subgrantee should have a safety belt use policy, If the Subgrantee does not have a safety belt use policy in place, a policy should be implemented during the grant year 2018-tubbockP-G-1 YG-0241 Printed On: 12/28/2017 Page 16 of 33 City of Lubbock - Parks & Recreation General -2018 RESPONSIBILITIES OF THE DEPARTMENT A Monitor the Subgrantee's compliance with the performance obligations and fiscal requirements of this Grant Agreement using appropriate and necessary monitoring and inspections, including but not limited to. 1_ review of periodic reports 2 physical inspection of project records and supporting documentation 3_ telephone conversations 4 e-mails and letters 6. quarterly review meetings 6. eGrants B. Provide program management and technical assistance. C.. Attend appropriate meetings D_ Reimburse the Subgrantee for all eligible costs as defined in the project budget Requests for Reimbursement will be processed up to the maximum amount payable as indicated in the project budget E Perform an administrative review of the project at the close of the grant period to 1 Ascertain whether or not the project objectives were met 2 Review project accomplishments (performance measures completed, targets achieved) 3 Account for any approved Program Income earned and expended 4 Identify exemplary performance or best practices 2018-LubbockP-G-1YG-0241 Printed On: 12/28/2017 Page 17 of 33 City of Lubbock - Parks & Recreation General -2018 PL4NNF i G Goal: X To proNide effective and efficient management of the Te=as Traffic Safety Program. Strategy: Provide training and assistance for local and statewide traffic safety problem identification_ Ensure availability of program and project management tracing. Review and update program procedures as needed- Conduct eededConduct periodic project monitoring and evaluation of traffic safety activities. Perform actuate accounting and efficient reimbursement processing. 2018-LubbockP-G-1YG-0241 Printed On: 12/28/2017 Page 18 of 33 City of Lubbock - Parks & Recreation General -2018 MOTORCYCLE SAFETY Goal: X To reduce the number of motorcv dist fatalities. Strategy Increase public iaformation and education on motorists' responsb1ty pertaining to motorcycle safety 2018-LubbockP-G-1 YG-0241 Printed On: 12/28/2017 Page 19 of 33 City of Lubbock - Parks & Recreation General -2018 OCCUPANT PROTECTION Goal: X To increase occupant restraint use, including child -safety seats, in all passenger vehicles and trucks. Strategy: Increase public information and education campaigns. 2018-LubbockP-G-1YG-0241 Printed On: 12/28/2017 Page 20 of 33 City of Lubbock - Parks & Recreation General -2018 PEDESTRUN A -D BICYCLLST S_AnTY Select a goal• X To reduce the number of motor vehicle -related. pedestrian and bicyclist fatalities. Select a strategy Increase public information and education on motorists' responssbilities pertaining to pedestrian and bicyclist safety. Increase public information and education efforts on pedestrian and bicyclist safety 2018-LubbockP-G-1YG-0241 Printed On: 12/2812017 Page 21 of 33 City of Lubbock - Parks & Recreation General -2018 SPEED CONTROL Select a goal: X To reduce the number of speed -related fatal and serious injury crashes. Select a strategy: Provide conmundy training on speed -related issues. Increase public information and education concerning speed -related issues. 2018-LubbockP-G-1YG-0241 Printed On: 12/28/2017 Page 22 of 33 City of Lubbock - Parks & Recreation General -2018 DRI TR EDUCATION AND BEHAVIOR Goal(s): X To increase public knowledge, perception and understanding of driver education and traffic safety for all road users. Strategy: Develop and implement public information and education efforts on traffic safety issues. Conduct public information and education campaigns related to distracted driving. X To reduce the number of crashes and injuries related to distracted drn-ing. Strateg-: Develop and implement public information and education efforts on traffic safety issues. Conduct public irbrmation and education campaigns related to distracted driving. 2018-LubbockP-G-1YG-0241 Printed On: 12/28/2017 Page 23 of 33 City of Lubbock - Parks & Recreation Genera! -2018 RAILROAD / HIGHWAY CROSS W- G Goal(s): X To reduce KAB crashes at rarilmadlhighway crossings. Strategy Increase pubfic education and information on raifroadN&vay crossing safety- 2018-LubbockP-G-1 YG-0241 Printed On: 12/28/2017 Page 24 of 33 City of Lubbock - Parks & Recreation General -2018 ROADW4Y SAFETY Select a goal: X To reduce the number of traffic crashes, injuries, and fatalities in work zones. Select a strategy: Increase pubic education and information on roach%ay safety Provide training on roadway safety issues. To increase knowledge of roadway safety and current technologies among people invoh ed in engineering, construction, and maintenance areas at both the state and local Ievel. Select a strateg~ 2018-LubbockP-G-1YG-0241 Printed On: 12/28/2017 Page 25 of 33 City of Lubbock - Parks & Recreation General -2018 PROBLEDI IDENTIFICATION AND SOLUTION LProblem Identification According to the Texas Motor Vehicle Traffic Crash Highlights, the fatality rate on Texas roadways in 2015 was 1,43 deaths per hundred million vehicle miles traveled This is a 2.05% decrease from 2014. Texas also experienced a decrease in the number of motor vehicle traffic fatalities- The 2015 death tall of 3,531 was a decrease of 0.14% from the 3,536 deaths recorded in 2014_ Lubbock and surrounding counties are a major contributor to the trends shown in state wide data These topics are data driven topics for points of education and enforcement among the populations served in the South Plains pedestrian and cycling education, occupant safety, motorcycle safety including the use of helmets, addressing driver education and behavior, education on speed control, and railroad safety Among all individuals regardless of age, pedestrian and cycling safety is important to all communities in aspects of health and traffic safety. Texas experienced a 12 7% increase in pedestrian fatalities in 2015 as well as a 2% fatality increase in cycling in 2015 from the previous year NHTSA reports for all crashes for Lubbock and surrounding counties to have increased in 2015 with a total of 87 deaths Almost half of those deaths involved unrestrained occupants While overall motorcycle crashes have increased from 2014 to 2015 totals, the percentage of unhelmeted motorcyclist fatalities remains the same Texas saw a total of 443 Motorcycle fatalities in 2015 according to the NHTSA, of those 443 fatalities, 231 of those were from motorcyclists not wearing a helmet. White the reduction in fatalities is good news, the actuality of Lubbock County's fatalities is one third of motorcycle fatalities were from unhelmeted motorcyclist. Throughout the South Plains, 824 crashes were the result of speeding (TXDOT) Lubbock County alone experienced 393 of those crashes. Of the 34 total fatal crashes in Lubbock County, 18% of those were a result of speeding. The majority of -all crashes involving injuries or fatalities were from ages 15-24 (TXDOT) II.Problem Solution Safety City is a miniature town with woridng traffic lights, cross walks, overpasses, school zone, and a railroad crossing. This 2 % acre site is a place in which school age youth and adults alike can team real-world experience in a safe and controlled setting Safety City currently provides pedestrian, bicycle, railroad education, speeding education, occupant protection and proper restraint protocols, and general traffic safety to at -risk populations including youth ages 6-24 Students get hands-on training to experience the techniques needed to drivetwalklride in a city safety. Research provided by NHTSA's Child Pedestrian Safety Education, Applying Leaming and Developmental Theories to Develop Safe Street -Crossing Behaviors, insists that behaviors are a motor skill. This means that the behavior of any one of the equation elements provided above or any of the problems addressed in the previous section need to have a practical application portion. According to the report, the incorporation of motor skill acquisition should be enough to make the motor actions automatic: "Once motor skills are automatic, there is increased mental capacity for problem solving and decision making." To continue the efforts of Safety City's goal of modeling and providing education to the South Plains, it is necessary to branch outside of the Lubbock County into the smaller more rural areas that are facing the same safety challenges with smaller resources_ Safety City's program is also invested in addressing the basic issues on which it was founded, education on safe pedestrian and cycling for youth through college age students One of the initiatives of Safety City is to be a one stop safety shop for all of the South Plains to provide a place where community partners can come together Safety City has already formed alliances with the Lubbock Fre Department partnering with their paramedics and fire prevention specialist to provide fire education as well as show students the equipment used when responding to emergencies and the types of things students may experience in traumatic situations such as a crash. Working with other agencies, such as Texas DPS, will provide more experiences for our students and allow them to experience different situations and know behaviorally how to respond to help first respondents and themselves_ Many organizations are targeting the same populations for similar reasons such as LPD working with second graders to provide cyber predator education or anti -bullying campaigns. Together we can reach the same population at the same time and save ...... �.........� sem_ 4L... ..—L__I --J c..... L.......1»».............,..s:.... 201 8-LubbockP-G-1 YG-0241 Printed On: 12/28/2017 Page 26 of 33 City of Lubbock - Parks & Recreation General -2018 C1=1Yq 01 MJ I=bUU1LCb 9ui UIC auwu1 euu IU1 CdL1I rVU11U1 nj U1YCU flLdUU11_ III.Project Evaluation In order to measure the success of practical training aspects of traffic safety, classroom evaluations will be distributed to teachers and volunteers who accompany classes and groups to Safety City- Programfnstructor evaluations will help to gauge content, materials, staff, relevance and overall experiences The evaluations will also incorporate student experience ratings. 2018-LubbockP-G-1YG-0241 Printed On: 12/28/2017 Page 27 of 33 City of Lubbock - Parks & Recreation General -2018 OBJECTIVES, PI&F— PERFORMANCE MEASURES AND ACTMTES Objective statement: To Create 2 alliances with other organizations for a safer community by 9/30/2018 Activity Activity Responsible Completion Date Create one alliance by the first quarter of the grant fiscal Subgrantee 1213112017 year to help educate students in different areas of safety Create one alliance by the last quarter of the grant fiscal Subgrantee 9/30/2018 year to help educate students in different areas of safety 3. Safety City creating partnerships with multiple Subgrantee 3131/2018 organizations to promote safety objectives with events such as Health and Safety Fair and Bike Rodeo 15. 7. 8 9 10 2018-LubbockP-G-1YG-0241 Printed On: 12/28/2017 Page 28 of 33 City of Lubbock - Parks & Recreation General -2018 OBJECTIVES PME, PERFORMANCE MEASURES AND ACTMTES Objective statement: To Educate 12000 elementary students in safe pedestrian behavior who participate at Safety City by 9130/2018 5. 6. 7- a. 9. 10. 2018-Lubbock P -G-1 YG-0241 Printed On: 12/28/2017 Page 29 of 33 Activity Activity Responsible Completion Date 1 Host Annual Trick or Treat Street to educate public on Subgrantee 1111/2017 pedestrian and other safety measures during Halloween 2. Create partnership with Lubbock Independent School Subgrantee 1111/2017 District and surrounding school districts to teach elementary students pedestrian safety 3. Recruit rural school districts to participate in Safety City Subgrantee 3130/2018 education classes. 4 Distribute educational literature to the public on Subgrantee 613012018 pedestrian safety and traffic practices 5. 6. 7- a. 9. 10. 2018-Lubbock P -G-1 YG-0241 Printed On: 12/28/2017 Page 29 of 33 City of Lubbock - Parks & Recreation General -2018 OBJECTIVES PIBE PERFORMANCE MEASURES AND ACTMTES Objective statement: To Provide 12000 Motor vehicle safety education to 12,000 people through hands on training through group instruction. by 9/30/2018 Activity Activity Responsible Completion Date Incorporate railroad safety into all aspects of traffic Subgrantee 9/30/2018 safety education providing detailed hands on training to elementary students 2 Provide motor vehicle training with pedal cars to every class participating at Safety City including second grade and above 3 Promote proper occupant restraints by providing material on carseat installation and a carseat checkup event with TXDOT and other safety advocates 4 6 6 7 8. 9. 10 Subgrantee 9130+2018 Subgrantee 9/30/2018 2018-LubbockP-G-1YG-0241 Printed On: 12/28/2017 Page 30 of 33 City of Lubbock - Parks & Recreation General -2018 OBJECTIVES, PME, PERFORMANCE MEASURES AND ACTMTES Objective statement: To Complete 3 professional training seminars or conferences by 9130!2018 3 4 6. 6. 7_ 8_ 9. 10. Activity Each safety city employee is to complete 1 online traffic safety training to provide more knowledge to teach others proper traffic safety Each safety city employee is to complete 1 online traffic safety training to provide more knowledge to teach others proper traffic safety One Safety City employee is to attend a traffic safety conference Activity Responsible Completion Date Subgrantee 12/31/2017 Subgrantee 3/31/2018 Subgrantee 9/30/2018 2018-LubbockP-G-1YG-0241 Printed On: 12/28/2017 Page 31 of 33 City of Lubbock - Parks & Recreation General -2018 OBJECTIVES, PIBE, PERFORMANCE MEASURES AND ACTMTES Objective statement: To Educate 12000 persons proper bicycle safety and riding techniques by 9130/2018 3. 4 6 I, 2018-LubbockP-G-1YG-0241 Printed On: 12/28/2017 Page 32 of 33 Activity Activity Responsible Completion Date Develop a partnership with Lubbock Independent Subgrantee 9130/2018 School District and surrounding school districts to provide bicycle safety and safe riding techniques Recruit additional early childcare centers to engage Subgrantee 9/3012018 early motor skills in safe cycling and the importance of wearing a helmet Increase opportunities for children with disabilities to Subgrantee 9/3012018 participate in bicycle safety training Provide local Boy Scout/Girl Scout troop classes in Subgrantee 913012018 order for them to earn safety badges by learning bicycle safety and maintenance Host a bicycle rodeo to provide a family event which Subgrantee 613012018 focuses on skills and agility for participants ages 3-12 2018-LubbockP-G-1YG-0241 Printed On: 12/28/2017 Page 32 of 33 City of Lubbock - Parks & Recreation General -2018 BUDGET SU1 ALARY Budget Category 11 TxDOT Match Program Income Total Category I - Labor Costs X100 Salaries: J1 $16;926 BO1 $11,887 85 $0 $28,814651 F00i Fringe Benefits:11 IFSD $0 $0 $O Sub -Total: $16,926.80 511,887.85 $0 $28,814 65 Category 11 - Other Direct Costs FI300 Travel: j $1,430 0011 50 $0 1 $1,430.00 F(4-()-D-)l I Equipment: j $2,500 001 $0 $0 1 52,500.00 F504j Supplies: 50 $0 $0 $0 F(s�1 Ff,�� Contractual Services: Other Miscellaneous: $0 57,750 00 50 $0 SO $8,200.00 $0 $15,9:50:010 Sub -Total: $11,680 0011 $8,200001 $19,880 40 Total Direct Costs: $28,606 80 $11,887.85 $8,2066011 $48.694.65 Category III - Indirect Costs FIndirect Cost 11 :so=so F 50 $0 Summary C� Labor 11 $16,926.80 511,887 85 :$la$28,814 65❑ l Total Direct $11 680 00 $OIF $8,20a 00 519,880 00 Flosts- I Indirect a0 5 SO $0 Grand Total: 528,606.80 $11.887.8511 $8,200 001 $48,694651 11 Fund Sources: jPercent 5harej 5875% 2441% 1684% Salary and cost rates v;ilbe based ou the rates submitted by the Subgrantee inks grant appkcahon in eGraats 2018-LubbockP-G-1YG-0241 Printed On: 12/28/2017 Page 33 of 33