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HomeMy WebLinkAboutResolution - 2022-R0255 - ARPA Funding Agreement 16158 with TTUHSC 5.24.22Resolution No. 2022-RO255 Item No. 7.12 May 24, 2022 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, ARPA Funding Agreement No. 16518 for healthcare training scholarships, by and between the City of Lubbock and Texas Tech University Health Sciences Center, of Lubbock, Texas, and related documents. Said Contract is attached hereto and 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 May 24, 2022 Ir1111136 2 L& j . 'ebefea Garza, City + APPROVED AS TO CONTENT: AD I `� Erik Rejino, Assistant City Manager ogo 0.101TAaWW"6�Oy VAI,& *Wve-2 elli Leisure, Assistant City Attorney ccdocs/RES.Contract 16518 ARPA scholarships TTUHSC 4.5.22 Resolution No. 2022-RO255 THE STATE OF TEXAS COUNTY OF LUBBOCK AMERICAN RESCUE PLAN ACT (ARPA) FUNDING AGREEMENT FOR HEALTHCARE TRAINING GRANTS This ARPA Funding Agreement for Job Training Services (the "Agreement") Contract No. 16518 is entered into this 24th day of May 2022, by and between the City of Lubbock (the "City"), a Texas home rule municipal corporation, and Texas Tech University Health Sciences Center, (the "Subrecipient"), a public institution of higher education in the State of Texas, collectively referred to herein as (the "Parties"). WHEREAS, the Coronavirus Disease 2019 ("COVID-19") pandemic caused numerous economic concerns throughout the United States, including in the City of Lubbock; and WHEREAS, on March 27, 2020, the President signed into federal law the Coronavirus Aid, Relief, and Economic Security Act ("CARES Act"), which established the Coronavirus Relief Fund; and WHEREAS, on March 11, 2021, the President signed into federal law the American Rescue Plan Act ("ARPA"), which established the Coronavirus State Fiscal Recovery Fund and Coronavirus Local Fiscal Recovery Funds ("CLFRF Fund"), which together make up the Coronavirus State and Local Fiscal Recovery Funds ("SLFRF") program. The SLFRF builds on and expands the support provided to the City, including through the Coronavirus Relief Fund; and WHEREAS, pursuant to the SLFRF program, the United States Department of Treasury has provided the City with a direct payment from the CLFRF Fund to cover certain costs, which includes the requirement of the obligation of funds by December 31, 2024 for following uses: (1) To respond to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19) or its negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel, and hospitality; (2) To respond to workers performing essential work during the COVID-19 public health emergency by providing premium pay to eligible workers of the metropolitan city, non - entitlement unit of local government, or county that are performing such essential work, or by providing grants to eligible employers that have eligible workers who perform essential work; (3) For the provision of government services to the extent of the reduction in revenue of such metropolitan city, non -entitlement unit of local government, or county due to the COVID-19 public health emergency relative to revenues collected in the most recent full Page 1 of 13 fiscal year of the metropolitan city, non -entitlement unit of local government, or county prior to the emergency; and (4) To make necessary investments in water, sewer, or broadband infrastructure; and WHEREAS, the City is a metropolitan city as defined by section 5302(a)(4) of the Housing and Community Development Act of 1974 (42 U.S.C. § 5302(a)(4)); and WHEREAS, the City is incurring the costs for the assistance provided under this Agreement prior to December 31, 2024; and WHEREAS, the primary goal of this Agreement is for the City to provide certain funds received from the CLFRF Funds to the Subrecipient as scholarships for certain students selected by the City (the "Student") enrolled in Subrecipient's healthcare training programs; and WHEREAS, the City has determined the funds the City is providing to Subrecipient under this Agreement are reasonable and necessary expenditures to address the COVID-19 public health emergency to respond to and assist the healthcare industry which has been impacted due to the COVID-19 pandemic; and NOW THEREFORE, for and in consideration of the terms, covenants and conditions set forth in this Agreement, the City and the Subrecipient hereby agree as follows: ARTICLE I. TERM The term of this Agreement commences on the Effective Date and continues until allocated funds have been disbursed to the Subrecipient or December 31, 2026, whichever shall occur first. ARTICLE II. SCOPE OF SERVICES The Subrecipient shall be responsible for applying ARPA funds contemplated herein to the Student's tuition account at Subrecipient's institution where the Student is attending healthcare training classes as an enrolled student. ARTICLE III. CONVEYANCE OF ARPA GRANT FUNDS The City agrees to convey ARPA grant funds to the Subrecipient as scholarships for the Student, and the Subrecipient shall apply the- funds to the Student's tuition account at the Subrecipient's institution upon receipt. The City shall select individual applicants to be designated as Students and such selection shall be within the sole discretion of the City. Total funding allocated to the Subrecipient for these purposes shall be for an amount not to exceed Three hundred ninety thousand and NO/100 dollar ($390,000). If for any reason the Student is not enrolled for courses at the Subrecipient's institution, the Subrecipient shall immediately refund the grant funds to the City. All funding shall be Page 2 of 13 subject to the requirements of 42 U.S.C. § 803 and no funds shall be disbursed to the Subrecipient after December 31, 2026. ARTICLE IV. TERMINATION A. General. Either Party may terminate this Agreement, for any reason or convenience, upon thirty (30) days written notice to the Subrecipient. Any excess ARPA grant funds in the Subrecipient's possession shall be refunded to the City immediately upon termination. B. Termination and Remedies. In the event either Party breaches any term and/or provision of this Agreement, the other Party shall be entitled to seek any right or remedy available to it by this Agreement, at law, equity, or otherwise, including without limitation, termination of this Agreement and assertion of an action for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the concurrent or subsequent exercise of any right or remedy and all rights and remedies shall be cumulative. ARTICLE V. NON - ARBITRATION Each Party reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, neither Party shall be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this Agreement, this provision shall control. ARTICLE VI. REPRESENTATIONS AND WARRANTIES A. Existence. The Subrecipient is an educational institution established under Chapter 110 of the Texas Education Code and is qualified to carry on its business in the State of Texas. B. Authorization. Execution, delivery, and performance of this Agreement and the activities contemplated hereby have been duly and validly authorized by all the requisite action on the part of each Party. This Agreement constitutes legal, valid, and binding obligations of each Party and is enforceable in accordance with the terms thereof. C. Subrecipient. The Subrecipient maintains a professional staff and employs, as needed, other qualified specialists experienced in completing the Program, and is familiar with all laws, rules, and regulations, both state and federal, including, without limitation the applicable laws, regarding the Program contemplated hereby. D. Performance. The Subrecipient will and shall comply with all applicable laws, rules, and regulations, both state and federal, relating to this Agreement, as contemplated hereby. Page 3 of 13 ARTICLE VII. INDEPENDENT CONTRACTOR STATUS The Subrecipient and the City agree that the Subrecipient shall perform the duties under this Agreement as an independent contractor and shall be considered as independent contractor under this Agreement and/or in its activities hereunder for all purposes. During the performance of this Agreement, the Subrecipient and the Subrecipient's employees and/or sub -consultants, will not be considered, for any purpose, employees or agents of the City within the meaning or the application of any federal, state or local law or regulation, including without limitation, laws, rules or regulations regarding or related to unemployment insurance, old age benefits, workers compensation, labor, personal injury or taxes of any kind. ARTICLE VIII. INSURANCE The Subrecipient's insurance coverage shall be as set forth in "Exhibit A", attached hereto and incorporated herein. ARTICLE IX. EMPLOYMENT OF AGENTS/RETAINING OF CONSULTANTS [INTENTIONALLY OMITTED] ARTICLE X. CONFIDENTIALITY Each Party shall retain all information received from or concerning the other Party and the other Parry's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the other Party, unless otherwise required by law. Confidential Information shall not include any information disclosed hereunder to the extent that the receiving Party can show that it: (a) is at the time of disclosure generally available to the public, or becomes generally available to the public otherwise than by reason of breach by the receiving Party of the provisions of this Agreement; (b) was known to the receiving Party prior to the date of such information from the other Party, provided that documentary evidence of such knowledge is provided to the disclosing Party on request; (c) is subsequently disclosed to the receiving Party without obligation of confidence by a third party owing no such obligations to the disclosing Party in respect of that information; or (d) is required by law to be disclosed but then only when, to the extent reasonably practicable, prompt notice of this requirement has been given to the original disclosing Party so that it may seek appropriate relief to prevent or limit such disclosure. ARTICLE XI. INDEMNITY The Subrecipient and the City acknowledge that, as governmental entities, neither party may indemnify the other against claims, demands, actions, liabilities, or expenses arising out of the actions or omissions of the other party. The Subrecipient and the City agree that they will be responsible for the negligence, gross negligence, willful misconduct or legal wrongdoing of their own employees and agents in any way connected with the performance of any work under this Agreement which results in Page 4of13 claims or liabilities, penalties, costs or expenses as authorized by Texas law. This provision shall survive any termination or expiration of this Agreement. ARTICLE XII. COMPLIANCE WITH APPLICABLE LAWS Each Party shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations relating, in any way, manner or form, to the activities under this Agreement, and any amendments thereto. ARTICLE XIII. NOTICE A. General. Whenever notice from the Subrecipient to the City or the City to the Subrecipient is required or permitted by this Agreement and no other method of notice is provided, such notice shall be given by (1) actual delivery of the written notice to the other party by hand (in which case such notice shall be effective upon delivery); (2) facsimile (in which case such notice shall be effective upon delivery); or (3) by depositing the written notice in the United States mail, properly addressed to the other party at the address provided in this article, registered or certified mail, return receipt requested, in which case such notice shall be effective on the third business day after such notice is so deposited. B. Subrecipient's Address. The Subrecipient's address and numbers for the purposes of notice are: Texas Tech University Health Sciences Center Office of Sponsored Programs 3601 4th Street, MS 6271 Lubbock, Texas 79430 Telephone: 806-743-4570 Email: sponsoredprograms@ttuhsc.edu C. City's Address. The City's address and numbers for the purposes of notice are: Erik Rejino, Assistant City Manager City of Lubbock P.O. Box 2000 1314 Avenue K Lubbock, Texas 79457 Email: erejino@mylubbock.us Telephone: 806-775-2355 D. Change of Address. Either party may change its address or numbers for purposes of notice by giving written notice to the other party as provided herein, referring specifically to this Agreement, and setting forth such new address or numbers. The address or numbers shall become effective on the 15th day after such notice is effective. Page 5of13 ARTICLE XIV. CITY -PROVIDED DATA AND RESPONSIBILITIES Provision of Data. The City shall furnish the Subrecipient non -confidential studies, reports and other available data in the possession of the City pertinent to the Subrecipient's activities. The Subrecipient shall be entitled to use and rely, so long as such reliance is reasonable, upon all such provided data. ARTICLE XV. MISCELLANEOUS A. Captions. The captions for the articles and sections in this Agreement are inserted in this Agreement strictly for the parties' convenience in identifying the provisions to this Agreement and shall not be given any effect in construing this Agreement. B. Audit. The Subrecipient shall provide access to its corporate books and records related to this Agreement to the City. Upon ten (10) business days, prior written notice, the City may audit, at its expense and during normal business hours, the Subrecipient's books and records related to this Agreement between the Subrecipient and the City. C. Records. The Subrecipient shall maintain records that are necessary to substantiate the activities performed by the Subrecipient. D. Assignability. Neither party may assign this Agreement without the prior written approval of the other party. E. Successor and Assigns. This Agreement binds and inures to the benefit of the City and the Subrecipient, and in the case of the City, its respective successors, legal representatives, and assigns, and in the case of the Subrecipient, its permitted successors and assigns. F. Construction and Venue. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THIS AGREEMENT IS PERFORMABLE IN LUBBOCK COUNTY, TEXAS. PURSUANT TO TEXAS EDUCATION CODE § 109.005, THE COUNTY IN WHICH SUBRECIPIENT'S CHIEF EXECUTIVE OFFICER IS LOCATED SHALL BE THE SOLE PROPER PLACE OF VENUE FOR ANY LEGAL ACTION OR PROCEEDING ARISING OUT OF THIS AGREEMENT OR THE ENFORCEMENT OF ANY PROVISION IN THIS AGREEMENT. G. Severability. If any provision of this Agreement is ever held to be invalid or ineffective by any court of competent jurisdiction with respect to any person or circumstance, the remainder of this Agreement and the application of such provision to persons and/or circumstances other than those with respect to which it is held invalid or ineffective shall not be affected thereby. Page 6 of 13 H. Amendment. No amendment, modification, or alteration of the terms of this Agreement shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Agreement, and duly authorized and executed by the Subrecipient and the City. I. Entire Agreement. This Agreement, including Exhibits "A" through "B" attached hereto, contains the entire agreement between the City and the Subrecipient, and there are no other written or oral promises, conditions, warranties, or representations relating to or affecting the matters contemplated herein. J. No Joint Enterprise. Nothing contained herein shall be construed to imply a joint venture, joint enterprise, partnership or principal — agent relationship between the Subrecipient and the City. K. Notice of Waiver. A waiver by either the City or the Subrecipient of a breach of this Agreement must be in writing and duly authorized to be effective. In the event either party shall execute and deliver such waiver, such waiver shall not affect the waiving party's rights with respect to any other or subsequent breach. L. Third Party Activities. Nothing in this Agreement shall be construed to provide any rights or benefits whatsoever to any party other than the City and the Subrecipient. M. Non -Appropriation. All funds for payment by the City under this Agreement are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the activities provided under the Agreement, the City will terminate the Agreement, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the activities covered by this Agreement is spent, whichever event occurs first (the "Non -Appropriation Date"). If at any time funds are not appropriated for the continuance of this Agreement, cancellation shall be accepted by the Subrecipient on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this Agreement beyond the Non -Appropriation Date. ARTICLE XVI. AGREEMENT WITH SUBRECIPIENT OF FEDERAL RECOVERY FUNDS TERMS AND CONDITIONS 1. Use of Funds. a. Subrecipient understands and agrees that the funds disbursed under this award may only be used in compliance with section 603(c) of the Social Security Act (the Act) and Treasury's regulations implementing that section and guidance. b. Subrecipient will determine prior to engaging in any Program using this assistance that it has the institutional, managerial, and financial capability to ensure proper planning, management, and completion of such Program. Page 7of13 2. Period of Performance. The period of performance for this award begins on the date hereof and ends on December 31, 2026. As set forth in Treasury's implementing regulations, Subrecipient may use award funds to cover eligible costs incurred during the period that begins on March 3, 2021, and ends on December 31, 2024. 3. Reporting. Subrecipient agrees to comply with any reporting obligations established by Treasury as they relate to this award. 4. Maintenance of and Access to Records a. Subrecipient shall maintain records and financial documents sufficient to evidence compliance with section 603(c), Treasury's regulations implementing that section, and guidance issued by Treasury regarding the foregoing. b. The Treasury Office of Inspector General and the Government Accountability Office, or their authorized representatives, shall have the right of access to records (electronic and otherwise) of Subrecipient in order to conduct audits or other investigations. c. Records shall be maintained by Subrecipient for a period of five (5) years after all funds have been expended or returned to the City, whichever is later. 5. Pre -award Costs. Pre -award costs, as defined in 2 C.F.R. § 200.458, may not be paid with funding from this award. 6. Administrative Costs. Subrecipient may use funds provided under this award to cover both direct and indirect costs. 7. Cost Sharing. Cost sharing or matching funds are not required to be provided by Subrecipient. 8. Conflicts of Interest. The City of Lubbock understands and agrees it must maintain a conflict of interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict of interest policy is applicable to each activity funded under this award. Subrecipient must disclose in writing to the City of Lubbock any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112. The City of Lubbock shall disclose such conflict to the Office of State Controller or the Treasury. 9. Compliance with Applicable Law and Regulations. a. Subrecipient agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. Subrecipient also agrees to comply with all other applicable federal statutes, regulations, and executive Page 8of13 orders, and Subrecipient shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award. b. Federal regulations applicable to this award include, without limitation, the following: i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury. Subpart F — Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply to this award. ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. iv. OMB Guidelines to Agencies on Government Wide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (Agreements and sub -contractors described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19. v. Subrecipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. vi. Government Wide Requirements for Drug -Free Workplace, 31 C.F.R. Part 20. vii. New Restrictions on Lobbying, 31 C.F.R. Part 21. viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations. ix. Generally applicable federal environmental laws and regulations. c. Statutes and regulations prohibiting discrimination applicable to this award include, without limitation, the following: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000(d) et Page 9of13 seq.) and Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance; ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability; iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance; iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and v. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. 10. Remedial Actions. In the event of Subrecipient's noncompliance with section 603 of the Act, other applicable laws, Treasury's implementing regulations, guidance, or any reporting or other program requirements, the City may impose additional conditions on the receipt of a subsequent tranche of future award funds, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a violation of section 603(c) of the Act regarding the use of funds, previous payments shall be subject to recoupment as provided in section 603(e) of the Act and any additional payments may be subject to withholding as provided in section 603(e) of the Act, as applicable. 11. Hatch Act. Subrecipient agrees to comply, as applicable, with requirements of the Hatch Act (5 U.S.C.§§ 1501-1508 and 7324-7328), which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance. 12. False Statements. Subrecipient understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or Agreements, and/or any other remedy available by law. Page 10 of 13 IIPublications. Any publications produced with funds from this award must display the following language: "This Program is being supported, in whole or in part, by federal award number SLFRP2653 awarded to the City of Lubbock by the U.S. Department of the Treasury." 14. Debts Owed the City. a. Any funds paid to the Subrecipient: i. in excess of the amount to which the Subrecipient is finally determined to be authorized to apply to Students tuition under the terms of this Agreement; ii. that are determined by the Treasury Office of Inspector General or the City to have been misused; or iii. that are determined by Treasury or the City to be subject to a repayment obligation pursuant to sections 602(e) and 603(b)(2)(D) of the Act and have not been repaid by the Subrecipient shall constitute a debt to the City. b. Any debts determined to be owed to the City must be paid promptly by Subrecipient. A debt is delinquent if it has not been paid by the date specified in the City's initial written demand for payment, unless other satisfactory arrangements have been made or if the Subrecipient knowingly or improperly retains funds that are a debt as defined in paragraph 14(a). The City will take any actions available to it to collect such a debt. 15. Disclaimer. a. The United States expressly disclaims any and all responsibility or liability to Subrecipient or third persons for the actions of Subrecipient or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of this award or any other losses resulting in any way from the performance of this award or any Agreement, or sub -contractor under this award. b. The acceptance of this award by Subrecipient does not in any way establish an agency relationship between the United States and Subrecipient. 16. Protections for Whistleblowers. a. In accordance with 41 U.S.C. § 4712, Subrecipient may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal agreement Page 11 of 13 or grant, a gross waste of federal funds, an abuse of authority relating to a federal agreement or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal agreement (including the competition for or negotiation of an agreement) or grant. b. The list of persons and entities referenced in the paragraph above includes the following: i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General; iii. The Government Accountability Office; iv. A Treasury employee responsible for Agreement or grant oversight or management; v. An authorized official of the Department of Justice or other law enforcement agency; vi. A court or grand jury; or vii. A management official or other employee of Subrecipient, Subrecipient, or Sub -contractor who has the responsibility to investigate, discover, or address misconduct. c. Subrecipient shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. 17. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Recipient encourages Subrecipient to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company -owned, rented or personally owned vehicles. 18. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Recipient encourages Subrecipient to adopt and enforce policies that ban text messaging while driving, and encourages Subrecipient to establish workplace safety policies to decrease accidents caused by distracted drivers. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 12 of 13 EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK ATTEST: Rebe ca Garza, City Secr tar APPROVED AS TO CONTENT: 46�1` V Erik Rejino, Assistant City Manager APPROVED AS TO FORM: elli Leisure, Assistant City Attorney TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER �& A By: Erin Woods, Vice President of Office of Sponsored Programs Page 13 of 13