HomeMy WebLinkAboutResolution - 2009-R0436 - Contract - TXDOT - Teaching Kids To Be Street Smart Grant, Safety City - 10_20_2009Resolution No, 2009-RO436
October 20, 2009
Item No. 5.1.2
RESOLUTION
BE .1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock Be and is hereby authorized and directed
to execute for and on behalf of the City of Lubbock, Texas, a Contract from the State of
Texas, acting by and through the Texas Department of Transportation for the "Teaching
Kids to Be Street Smart" grant for the bicycle, car, pedestrian and other safety related
programs at Safety City, a copy of which Contract is attached hereto and which shall be
spread upon the minutes of this Council and as spread upon the minutes of this Council
shall constitute and be a part hereof as if fully copied herein in detail.
Passed by the City Council this 20th day of
ATTEST:
ee5hece arza, City Secretary
October 2009.
TOM MARTIN, MAYOR
APPROVED AS TO CONTENT:
Randy Trues ll, Community Services Director
APPROVED AS TO FORM:
Amy Sims, ,tar ney
gs:']\uot-Sala\ C aN re,
yl l 1 ()9
Texas Traffic Safety eGrants
Fiscal Year 2010
Organization Name: City of Lubbock Parks &
Recreation
Legal Name: City of Lubbock
Payee Identification Number: 17560005906000
Project Title: Safety City - "Teaching Kids to Be Street
Smart"
ID: 2010-LubbockP-G-SYG-0204
Period: 10/01/2009 to 09/30/2010
Page 1 of 25
City of Lubbock
Safety City - "Teaching Kids to Be Street Smart"
TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
UMMM-1 l�6101*fm
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 Government.
AUTHORITY: Texas Transportation Code, Chapter 723, the Traffic Safety Act of 1967, and
the Highway Safety Performance Plan for the Fiscal Year 2010.
Project Title: Safety City - "Teaching Kids to Be Street Smart"
Project Description: To educate students in their knowledge, perception and understanding
of pedestrian, bicycle and traffic safety.
Grant Period: This Grant becomes effective on 10/01/2009 or on the date of final signature
of both parties, whichever is later, and ends on 09/30/2010 unless terminated or otherwise
modified.
Total Awarded: $65,398.00
Amount Eligible for Reimbursement: $34,724.00
Match Amount: $30,674.00
Program Income: $0.00
RECEI'U%D
Th:lrrlto SAFETY
DISTRICT FIVE
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City of Lubbock
Safety City - "Teaching Kids to Be Street Smart"
TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
The signatory of the Subgrantee hereby represents and warrants that she/he is an officer
of the organization for which she/he has executed this agreement and that she/he has full
and complete authority to enter into this agreement on behalf of the organization.
THE SUBGRANTEE
City of Lubbock
By: ��
d
[Autha ized Signature]
TOM MARTIN
[Name]
MAYOR
[Title]
Date: October 20, 2009
Under the authority of Ordinance or
Resolution Number (for local
government):
(If Applicable)
Resolution No. 2009—RO436
[Resolution Number]
ATTEST:
D
Reb -ca Garza, City Secretar
THE STATE OF TEXAS
Executed for the Executive Director and
Approved for the Texas Transportation
Commission for the purpose and effect of
activating and/or carrying out orders, established
policies or work programs approved and
authorized by the Texas Transportation
Commission
By. k A) G
[District Engineer Texas Department of
Transportation]
Douglas Eichorst, P.E.
[Name]
District Enuineer
[Title]
Date: _10M'G�
By:
Director, Traffic Operations Division Texas RECEiVE.D
Department of Transportation (Not required for
local project grants under $100,000.00) !.'CT 29 2009
Date -
TRAFFIC SAFETY
[YSTRlC-r i:I vE
APPROVED AS TO CO\1TENT:
RanLYy Truesdell
Community Services Director
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City Atto ey
City of Lubbock
Safety City - "Teaching Kids to Be Street Smart"
General Information
Project Title Safety City - "Teaching Kids to Be Street Smart"
Project Description To educate students in their knowledge, perception and
understanding of pedestrian, bicycle and traffic safety.
How many years has your organization received funding for this project?
This will be our third year.
Project Director Name
Organization Address
Mailing Address
Multi Year Proposal Selection
P. O. Box 2000
Lubbock, TX 79457
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Safety City - "Teaching (Kids to Be Street Smart"
Texas Traffic Safety Program
GRANT AGREEMENT GENERAL TERMS AND CONDITIONS
ARTICLE 1. COMPLIANCE WITH LAWS
The Subgrantee shall comply with all federal, state, and local laws, statutes, codes,
ordinances, rules and regulations, and the orders and decrees of any courts or
administrative bodies or tribunals in any matter affecting the performance of this
Agreement, including, without limitation, workers' compensation laws, minimum and
maximum salary and wage statutes and regulations, nondiscrimination laws and
regulations, and licensing laws and regulations. When required, the Subgrantee shall
furnish the Department with satisfactory proof of its compliance therewith.
ARTICLE 2. STANDARD ASSURANCES
The Subgrantee hereby assures and certifies that it will comply with the regulations,
policies, guidelines, and requirements, including 49 CFR (Code of Federal Regulations),
Part 18; 49 CFR, Part 19 (OMB [Office of Management and Budget] Circular A-110); OMB
Circular A-87; OMB Circular A-102; OMB Circular A-21; OMB Circular A-122; OMB
Circular A-133; and the Department's Traffic Safety Program Manual, as they relate to the
application, acceptance, and use of federal or state funds for this project. Also, the
Subgrantee assures and certifies that:
A. It possesses legal authority to apply for the grant; and that a resolution, motion, or
similar action has been duly adopted or passed as an official act of the applicant's
governing body, authorizing the filing of the application, including all understandings
and assurances contained therein, and directing and authorizing the person
identified as the official representative of the applicant to act in connection with the
application and to provide such additional information as may be required.
B. It and its subcontractors will comply with Title VI of the Civil Rights Act of 1964
(Public Law 88-352), as amended, and in accordance with that Act, no person shall
discriminate, on the grounds of race, color, sex, national origin, age, religion, or
disability.
C. It will comply with requirements of the provisions of the Uniform Relocation
Assistance and Real Property Acquisitions Act of 1970, as amended; 42 USC
(United States Code) §§4601 et seq.; and United States Department of
Transportation (USDOT) regulations, "Uniform Relocation and Real Property
Acquisition for Federal and Federally Assisted Programs," 49 CFR, Part 24, which
provide for fair and equitable treatment of persons displaced as a result of federal
and federally assisted programs.
D. It will comply with the provisions of the Hatch Political Activity Act, which limits the
political activity of employees. (See also Article 25, Lobbying Certification.)
E. It will comply with the federal Fair Labor Standards Act's minimum wage and
overtime requirements for employees performing project work.
F. It will establish safeguards to prohibit employees from using their positions for a
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purpose that is or gives the appearance of being motivated by a desire for private
gain for themselves or others, particularly those with whom they have family,
business, or other ties.
G. It will give the Department the access to and the right to examine all records, books,
papers, or documents related to this Grant Agreement.
H. It will comply with all requirements imposed by the Department concerning special
requirements of law, program requirements, and other administrative requirements.
I. It recognizes that many federal and state laws imposing environmental and
resource conservation requirements may apply to this Grant Agreement. Some, but
not all, of the major federal laws that may affect the project include: the National
Environmental Policy Act of 1969, as amended, 42 USC §§4321 et seq.; the Clean
Air Act, as amended, 42 USC §§7401 et seq. and sections of 29 USC; the Federal
Water Pollution Control Act, as amended, 33 USC §§1251 et seq.; the Resource
Conservation and Recovery Act, as amended, 42 USC §§6901 et seq.; and the
Comprehensive Environmental Response, Compensation, and Liability Act, as
amended, 42 USC §§9601 et seq. The Subgrantee also recognizes that the U.S.
Environmental Protection Agency, USDOT, and other federal agencies have issued,
and in the future are expected to issue, regulation, guidelines, standards, orders,
directives, or other requirements that may affect this Project. Thus, it agrees to
comply, and assures the compliance of each contractor and each subcontractor,
with any such federal requirements as 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 such insurance is available as a condition for the receipt of any
federal financial assistance for construction or acquisition purposes for use in any
area that has been identified by the Secretary of the Department of Housing and
Urban Development as an area having special flood hazards. The phrase "federal
financial assistance" includes any form of loan, grant, guaranty, insurance payment,
rebate, subsidy, disaster assistance loan or grant, or any form of direct or indirect
federal assistance.
K. It will assist the Department in its compliance with Section 106 of the National
Historic Preservation Act of 1966 as amended (16 USC 470 et seq.), Executive
Order 11593, and the Antiquities Code of Texas (National Resources Code,
Chapter 191).
L. It will comply with Chapter 573 of the Texas Government Code by ensuring that no
officer, employee, or member of the Subgrantee's governing board or the
Subgrantee's subcontractors shall vote or confirm the employment of any person
related within the second degree of affinity or third degree by consanguinity to any
member of the governing body or to any other officer or employee authorized to
employ or supervise such person. This prohibition shall not prohibit the employment
of a person described in Section 573.062 of the Texas Government Code,
M. It will ensure that all information collected, assembled, or maintained by the
applicant relative to this project shall be available to the public during normal
business hours in compliance with Chapter 552 of the Texas Government Code,
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unless otherwise expressly provided by law.
N. If applicable, it will comply with Chapter 551 of the Texas Government Code, which
requires all regular, special, or called meetings of governmental bodies to be open
to the public, except as otherwise provided by law or specifically permitted in the
Texas Constitution.
ARTICLE 3. COMPENSATION
A. The method of payment for this Agreement will be based on actual costs incurred
up to and not to exceed the limits specified in the Project Budget. The amount
included in the Project Budget will be deemed to be an estimate only and a higher
amount can be reimbursed, subject to the conditions specified in paragraph B
hereunder. If the Project Budget specifies that costs are based on a specific rate,
per -unit cost, or other method of payment, reimbursement will be based on the
specified method.
B. All payments will be made in accordance with the Project Budget.
The Subgrantee's expenditures may overrun a budget category (I, II, or III) in the
approved Project Budget without a grant (budget) amendment, as long as the
overrun does not exceed a total of five (5) percent per year of the maximum amount
eligible for reimbursement (TxDOT) in the attached Project Budget for the current
fiscal year. This overrun must be off -set by an equivalent underrun elsewhere in the
Project Budget.
If the overrun is five (5) percent or less, the Subgrantee must provide written
notification to the Department, through the TxDOT Electronic Grants Management
System (eGrants) messaging system, prior to the Request for Reimbursement being
approved. The notification must indicate the amount, the percent over, and the
specific reason(s) for the overrun.
Any overrun of more than five (5) percent of the amount eligible for reimbursement
(TxDOT) in the attached Project Budget requires an amendment of this Grant
Agreement.
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.
For Selective Traffic Enforcement Program (STEP) grants only: In the Project
Budget, Subgrantees are not allowed to use underrun funds from the TxDOT
amount of (100) Salaries, Subcategories A, "Enforcement," or B, °PI&E Activities," to
exceed the TxDOT amount listed in Subcategory C, "Other." Also, Subgrantees are
not allowed to use underrun funds from the TxDOT amount of (100) Salaries,
Subcategories A, "Enforcement," or C, "Other," to exceed the TxDOT amount listed
in Subcategory B, "PI&E Activities." The TxDOT amount for Subcategory B, "PI&E
Activities," or C, "Other," can only be exceeded within the 5 percent flexibility, with
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underrun funds from Budget Categories II or III.
C. To be eligible for reimbursement under this Agreement, a cost must be incurred in
accordance with the Project Budget, within the time frame specified in the Grant
Period of this Grant Agreement, attributable to work covered by this Agreement, and
which has been completed in a manner satisfactory and acceptable to the
Department.
D. Federal or TxDOT funds cannot supplant (replace) funds from any other sources.
The term "supplanting," refers to the use of federal or TxDOT funds to support
personnel or an activity already supported by local or state funds.
E. Payment of costs incurred under this Agreement is further governed by one of the
following cost principles, as appropriate, outlined in the Federal Office of
Management and Budget (OMB) Circulars:
• A-21, Cost Principles for Educational Institutions;
• A-87, Cost Principles for State, Local, and Indian Tribal Governments; or,
• A-122, Cost Principles for Nonprofit Organizations.
F. The Subgrantee agrees to submit monthly or quarterly Requests for
Reimbursement, as designated in this Grant Agreement, within thirty (30) days after
the end of the billing period. The Request for Reimbursement and appropriate
supporting documentation must be submitted through eGrants.
G. The Subgrantee agrees to submit the final Request for Reimbursement under this
Agreement within forty-five (45) days of the end of the grant period.
H. Payments are contingent upon the availability of appropriated funds.
I. Project agreements supported with federal or TxDOT funds are limited to the length
of this Grant Period specified in this Grant Agreement. If the Department determines
that the project has demonstrated merit or has potential long-range benefits, the
Subgrantee may apply for funding assistance beyond the initial Agreement period.
Preference for funding will be given to those projects for which the Subgrantee has
assumed some cost sharing, those which propose to assume the largest
percentage of subsequent project costs, and those which have demonstrated
performance that is acceptable to the Department.
ARTICLE 4. LIMITATION OF LIABILITY
Payment of costs incurred hereunder is contingent upon the availability of funds. If at any
time during this Grant Period, the Department determines that there is insufficient funding
to continue the project, the Department shall so notify the Subgrantee, giving notice of
intent to terminate this Agreement, as specified in Article 11 of this Agreement. If at the
end of a federal fiscal year, the Department determines that there is sufficient funding and
performance to continue the project, the Department may so notify the Subgrantee to
continue this agreement.
ARTICLE 5. AMENDMENTS
This Agreement may be amended prior to its expiration by mutual written consent of both
parties, utilizing the Grant Agreement Amendment in eGrants. Any amendment must be
executed by the parties within the Grant Period, as specified in this Grant Agreement.
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ARTICLE 6. ADDITIONAL WORK AND CHANGES IN WORK
If the Subgrantee is of the opinion that any assigned work is beyond the scope of this
Agreement and constitutes additional work, the Subgrantee shall promptly notify the
Department in writing through eGrants system messaging. If the Department finds that
such work does constitute additional work, the Department shall so advise the Subgrantee
and a written amendment to this Agreement will be executed according to Article 5,
Amendments, to provide compensation for doing this work on the same basis as the
original work. If performance of the additional work will cause the maximum amount
payable to be exceeded, the work will not be performed before a written grant amendment
is executed.
If the Subgrantee has submitted work in accordance with the terms of this Agreement but
the Department requests changes to the completed work or parts thereof which involve
changes to the original scope of services or character of work under this Agreement, the
Subgrantee shall make such 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.
If the Subgrantee submits work that does not comply with the terms of this Agreement, the
Department shall instruct the Subgrantee to make such revisions as are necessary to bring
the work into compliance with this Agreement. No additional compensation shall be paid
for this work.
The Subgrantee shall make revisions to the work authorized in this Agreement, which are
necessary to correct errors or omissions appearing therein, when required to do so by the
Department. No additional compensation shall be paid for this work.
The Department shall not be responsible for actions by the Subgrantee or any costs
incurred by the Subgrantee relating to additional work not directly associated with or prior
to the execution of an amendment.
ARTICLE 7. REPORTING AND MONITORING
Not later than thirty (30) days after the end of each reporting period, the Subgrantee shall
submit a performance report through eGrants. For short-term projects, only one report
submitted by the Subgrantee at the end of the project may be required. For longer projects,
the Subgrantee will submit reports at least quarterly and preferably monthly. The frequency
of the performance reports is established through negotiation between the Subgrantee and
the program or project manager.
For Selective Traffic Enforcement Programs (STEPS), performance reports must be
submitted monthly.
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,
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overruns, or high unit costs.
The Subgrantee shall submit the Final Performance Report through eGrants within thirty
(30) days after completion of the grant.
The Subgrantee shall promptly advise the Department in writing, through eGrants
messaging, of events that will have a significant impact upon this Agreement, including:
A. Problems, delays, or adverse conditions, including a change of project director or
other changes in Subgrantee personnel, that will materially affect the ability to attain
objectives and performance measures, prevent the meeting of time schedules and
objectives, or preclude the attainment of project objectives or performance
measures by the established time periods. This disclosure shall be accompanied by
a statement of the action taken or contemplated and any Department or federal
assistance needed to resolve the situation.
B. Favorable developments or events that enable meeting time schedules and
objectives sooner than anticipated or achieving greater performance measure
output than originally projected.
ARTICLE 8. RECORDS
The Subgrantee agrees to maintain all reports, documents, papers, accounting records,
books, and other evidence pertaining to costs incurred and work performed hereunder,
(hereinafter called the records), and shall make such records available at its office for the
time period authorized within the Grant Period, as specified in this Grant Agreement. The
Subgrantee further agrees to retain said records for four (4) years from the date of final
payment under this Agreement, until completion of all audits, or until pending litigation has
been completely and fully resolved, whichever occurs last.
Duly authorized representatives of the Department, the USDOT, the Office of the Inspector
General, Texas State Auditor, and the Comptroller General shall have access to the
records, This right of access is not limited to the four (4) year period but shall last as long
as the records are retained.
ARTICLE 9. INDEMNIFICATION
To the extent permitted by law, the Subgrantee, if other than a government entity, shall
indemnify, hold, and save harmless the Department and its officers and employees from all
claims and liability due to the acts or omissions of the Subgrantee, its agents, or
employees. The Subgrantee also agrees, to the extent permitted by law, to indemnify,
hold, and save harmless the Department from any and all expenses, including but not
limited to attorney fees, all court costs and awards for damages incurred by the
Department in litigation or otherwise resisting such claims or liabilities as a result of any
activities of the Subgrantee, its agents, or employees.
Further, 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
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claims, demands, and causes of action of every kind and character brought by any
employee of the Subgrantee against the Department due to personal injuries or death to
such employee resulting from any alleged negligent act, by either commission or omission
on the part of the Subgrantee.
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 supercedes any prior oral or written agreements. If a conflict arises
between this Agreement and the Traffic Safety Program Manual, this Agreement shall
govern.
The Subgrantee shall be responsible for the settlement of all contractual and administrative
issues arising out of procurement made by the Subgrantee in support of Agreement work.
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
This Agreement shall remain in effect until the Subgrantee has satisfactorily completed all
services and obligations described herein and these have been accepted by the
Department, unless:
• This Agreement is terminated in writing with the mutual consent of both parties; or
• There is a written thirty (30) day notice by either party; or
• 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.
The Department shall compensate the Subgrantee for only those eligible expenses
incurred during the Grant Period specified in this Grant Agreement which are directly
attributable to the completed portion of the work covered by this Agreement, provided that
the work has been completed in a manner satisfactory and acceptable to the Department.
The Subgrantee shall not incur nor be reimbursed for any new obligations after the
effective date of termination.
ARTICLE 12. INSPECTION OF WORK
The Department and, when federal funds are involved, the US DOT, or any authorized
representative thereof, have the right at all reasonable times to inspect or otherwise
evaluate the work performed or being performed hereunder and the premises in which it is
being performed.
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If any inspection or evaluation is made on the premises of the Subgrantee or its
subcontractor, the Subgrantee shall provide and require its subcontractor to provide all
reasonable facilities and assistance for the safety and convenience of the inspectors in the
performance of their duties. All inspections and evaluations shall be performed in such a
manner as will not unduly delay the work.
ARTICLE 13. AUDIT
The Subgrantee shall comply with the requirements of the Single Audit Act of 1984, Public
Law (PL) 98-502, ensuring that the single audit report includes the coverage stipulated in
OMB Circular A-133, "Audits of States, Local Governments, and Other Non -Profit
Organizations."
The state auditor may conduct an audit or investigation of any entity receiving funds from
the state directly under this Agreement or indirectly through a subcontract under this
Agreement. Acceptance of funds directly under this Agreement or indirectly through a
subcontract under this Agreement acts as acceptance of the authority of the State Auditor,
under the direction of the legislative audit committee, to conduct an audit or investigation in
connection with those funds. An entity that is the subject of an audit or investigation must
provide the state auditor with access to any information the state auditor considers relevant
to the investigation or audit.
ARTICLE 14. SUBCONTRACTS
A subcontract in excess of $25,000 may not be executed by the Subgrantee without prior
written concurrence by the Department. Subcontracts in excess of $25,000 shall contain all
applicable terms and conditions of this Agreement. No subcontract will relieve the
Subgrantee of its responsibility under this Agreement.
ARTICLE 15. GRATUITIES
Texas Transportation Commission policy mandates that employees of the Department
shall not accept any benefit, gift, or favor from any person doing business with or who,
reasonably speaking, may do business with the Department under this Agreement. The
only exceptions allowed are ordinary business lunches and items that have received the
advanced written approval of the Department's Executive Director.
Any person doing business with or who reasonably speaking may do business with the
Department under this Agreement may not make any offer of benefits, gifts, or favors to
Department employees, except as mentioned here above. Failure on the part of the
Subgrantee to adhere to this policy may result in termination of this Agreement.
ARTICLE 16. NONCOLLUSION
The Subgrantee warrants that it has not employed or retained any company or person,
other than a bona fide employee working solely for the Subgrantee, to solicit or secure this
Agreement, and that it has not paid or agreed to pay any company or person, other than a
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bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other
consideration contingent upon or resulting from the award or making of this Agreement. If
the Subgrantee breaches or violates this warranty, the Department shall have the right to
annul this Agreement without liability or, in its discretion, to deduct from the Agreement
price or consideration, or otherwise recover the full amount of such fee, commission,
brokerage fee, contingent fee, or gift.
ARTICLE 17. CONFLICT OF INTEREST
The Subgrantee represents that it or its employees have no conflict of interest that would in
any way interfere with its or its employees' performance or which in any way conflicts with
the interests of the Department. The Subgrantee shall exercise reasonable care and
diligence to prevent any actions or conditions that could result in a conflict with the
Department's interests.
ARTICLE 18. SUBGRANTEE'S RESOURCES
The Subgrantee certifies that it presently has adequate qualified personnel in its
employment to perform the work required under this Agreement, or will be able to obtain
such personnel from sources other than the Department.
All employees of the Subgrantee shall have such knowledge and experience as will enable
them to perform the duties assigned to them. Any employee of the Subgrantee who, in the
opinion of the Department, is incompetent or whose conduct becomes detrimental to the
work, shall immediately be removed from association with the project.
Unless otherwise specified, the Subgrantee shall furnish all equipment, materials, supplies,
and other resources required to perform the work.
ARTICLE 19. PROCUREMENT AND PROPERTY MANAGEMENT
The Subgrantee shall establish and administer a system to procure, control, protect,
preserve, use, maintain, and dispose of any property furnished to it by the Department or
purchased pursuant to this Agreement in accordance with its own property management
procedures, provided that the procedures are not in conflict with the Department's property
management procedures or property management standards and federal standards, as
appropriate, in:
49 CFR, Part 18, "Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments," or
49 CFR, Part 19 (OMB Circular A-110), "Uniform Administrative Requirements for
Grants and Agreements with Institutions of Higher Education, Hospitals, and Other
Nonprofit Organizations."
ARTICLE 20. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY
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Upon completion or termination of this Grant Agreement, whether for cause or at the
convenience of the parties hereto, all finished or unfinished documents, data, studies,
surveys, reports, maps, drawings, models, photographs, etc. prepared by the Subgrantee,
and equipment and supplies purchased with grant funds shall, at the option of the
Department, become the property of the Department. All sketches, photographs,
calculations, and other data prepared under this Agreement shall be made available, upon
request, to the Department without restriction or limitation of their further use.
A. Intellectual property consists of copyrights, patents, and any other form of
intellectual property rights covering any data bases, software, inventions, training
manuals, systems design, or other proprietary information in any form or medium.
B. All rights to Department. The Department shall own all of the rights (including
copyrights, copyright applications, copyright renewals, and copyright extensions),
title and interests in and to all data, and other information developed under this
contract and versions thereof unless otherwise agreed to in writing that there will be
joint ownership.
C. All rights to Subgrantee. Classes and materials initially developed by the
Subgrantee without any type of funding or resource assistance from the Department
remain the Subgrantee's intellectual property. For these classes and materials, the
Department payment is limited to payment for attendance at classes.
ARTICLE 21. SUCCESSORS AND ASSIGNS
The Department and the Subgrantee each binds itself, its successors, executors, assigns,
and administrators to the other party to this Agreement and to the successors, executors,
assigns, and administrators of such other party in respect to all covenants of this
Agreement. The Subgrantee shall not assign, sublet, or transfer interest and obligations in
this Agreement without written consent of the Department through eGrants messaging.
ARTICLE 22. CIVIL RIGHTS COMPLIANCE
A. Compliance with regulations: The Subgrantee shall comply with the regulations
relative to nondiscrimination in federally -assisted programs of the USDOT: 49 CFR,
Part 21; 23 CFR, Subchapter C; and 41 CFR, Parts 60-74, as they may be
amended periodically (hereinafter referred to as 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: The Subgrantee, with regard to the work performed during the
period of this Agreement, shall not discriminate on the grounds of race, color, sex,
national origin, age, religion, or disability in the selection and retention of
subcontractors, including procurements of materials and leases of equipment.
C. Solicitations for subcontracts, including procurement of materials and equipment: In
all solicitations either by competitive bidding or negotiation made by the Subgrantee
for work to be performed under a subcontract, including procurements of materials
and leases of equipment, each potential subcontractor or supplier shall be notified
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City of Lubbock
Safety City - "Teaching Kids to Be Street Smart"
by the Subgrantee of the Subgrantee's obligations under this Agreement and the
regulations relative to nondiscrimination on the grounds of race, color, sex, national
origin, age, religion, or disability.
D. Information and reports: The Subgrantee shall provide all information and reports
required by the regulations, or directives issued pursuant thereto, and shall permit
access to its books, records, accounts, other sources of information, and its facilities
as may be determined by the Department or the USDOT to be pertinent to ascertain
compliance with such regulations or directives. Where any information required of
the Subgrantee is in the exclusive possession of another who fails or refuses to
furnish this information, the Subgrantee shall so certify to the Department or the US
DOT, whichever is appropriate, and shall set forth what efforts the Subgrantee has
made to obtain the requested information.
E. Sanctions for noncompliance: In the event of the Subgrantee's noncompliance with
the nondiscrimination provision of this Agreement, the Department shall impose
such sanctions as it or the US DOT may determine to be appropriate.
F. Incorporation of provisions: The Subgrantee shall include the provisions of
paragraphs A. through E. in every subcontract, including procurements of materials
and leases of equipment, unless exempt by the regulations or directives. The
Subgrantee shall take such action with respect to any subcontract or procurement
as the Department may direct as a means of enforcing such provisions, including
sanctions for noncompliance. However, in the event a Subgrantee becomes
involved in, or is threatened with litigation with a subcontractor or supplier as a
result of such direction, the Subgrantee may request the Department to enter into
litigation to protect the interests of the state; and in addition, the Subgrantee may
request the United States to enter into such litigation to protect the interests of the
United States.
ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE
It is the policy of the Department and the USDOT that Disadvantaged Business
Enterprises, as defined in 49 CFR Part 26, shall have the opportunity to participate in the
performance of agreements financed in whole or in part with federal funds. Consequently,
the Disadvantaged Business Enterprise requirements of 49 CFR Part 26, apply to this
Agreement as follows:
The Subgrantee agrees to insure that Disadvantaged Business Enterprises, as
defined in 49 CFR Part 26, have the opportunity to participate in the performance of
agreements and subcontracts financed in whole or in part with federal funds. In this
regard, the Subgrantee shall make good faith efforts in accordance with 49 CFR
Part 26, to insure that Disadvantaged Business Enterprises have the opportunity to
compete for and perform agreements and subcontracts.
The Subgrantee and any subcontractor shall not discriminate on the basis of race,
color, sex, national origin, or disability in the award and performance of agreements
funded in whole or in part with federal funds.
These requirements shall be included in any subcontract.
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Failure to carry out the requirements set forth above shall constitute a breach of this
Agreement and, after the notification of the Department, may result in termination of this
Agreement by the Department, or other such remedy as the Department deems
appropriate.
ARTICLE 24. DEBARMENT/SUSPENSION
A. The Subgrantee certifies, to the best of its knowledge and belief, that it and its
principals:
1. Are not presently debarred, suspended, proposed for debarment, declared
ineligible or voluntarily excluded from covered transactions by any federal
department or agency;
2. Have not within a three (3) year period preceding this Agreement been
convicted of or had a civil judgment rendered against them for commission of
fraud or a criminal offense in connection with obtaining, attempting to obtain,
or performing a federal, state, or local public transaction or contract under a
public transaction; violation of federal or state antitrust statutes; or
commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
3. Are not presently indicted or otherwise criminally or civilly charged by a
federal, state, or local governmental entity with commission of any of the
offenses enumerated in paragraph A. 2. of this Article; and
4. Have not, within a three (3) year period preceding this Agreement, had one
or more federal, state, or local public transactions terminated for cause or
default.
B. Where the Subgrantee is unable to certify to any of the statements in this Article,
such Subgrantee shall attach an explanation to this Agreement.
C. The Subgrantee is prohibited from making any award or permitting any award at any
tier to any party which is debarred or suspended or otherwise excluded from or
ineligible for participation in federal assistance programs under Executive Order
12549, Debarment and Suspension.
D. The Subgrantee shall require any party to a subcontract or purchase order awarded
under this Grant Agreement to certify its eligibility to receive federal grant funds,
and, when requested by the Department, to furnish a copy of the certification.
ARTICLE 25. LOBBYING CERTIFICATION
The Subgrantee certifies to the best of his or her knowledge and belief that:
A. No federally appropriated funds have been paid or will be paid by or on behalf of the
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Subgrantee to any person for influencing or attempting to influence an officer or
employee of any federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of any
federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any federal contract, grant,
loan, or cooperative agreement.
B. If any funds other than federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
federal 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 party to this Agreement shall complete and
submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
C. The Subgrantee shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including subcontracts) and that
all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code.
Any person who fails to file the required certification shall be subject to a civil penalty of not
less than $10,000 and not more than $100,000 for each such failure.
ARTICLE 26. CHILD SUPPORT STATEMENT
Unless the Subgrantee is a governmental or non-profit entity, the Subgrantee certifies that
it either will go to the Department's website noted below and complete the Child Support
Statement or already has a Child Support Statement on file with the Department , The
Subgrantee is responsible for keeping the Child Support Statement current and on file with
that office for the duration of this Agreement period. The Subgrantee further certifies that
the Child Support Statement on file contains the child support information for the
individuals or business entities named in this grant. Under Section 231.006, Family Code,
the Subgrantee certifies that the individual or business entity named in this Agreement is
not ineligible to receive the specified grant or payment and acknowledges that this
Agreement may be terminated and payment may be withheld if this certification is
inaccurate.
The form for the Child Support Statement is available on the Internet at:
http://www.dot.state.tx.us/cso/defauIt.htm.
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RESPONSIBILITIES OF THE SUBGRANTEE:
A. Carry out the objectives and performance measures of this Grant Agreement by
implementing all activities in the Action Plan (Attachment D).
B. Submit all required reports to the Department (TxDOT) fully completed with the most
current information, and within the required times, as defined in Article 3 and Article 7 of
the General Terms and Conditions of this Grant Agreement. This includes reporting to the
Department on progress, achievements, and problems in monthly Performance Reports
and attaching necessary source documentation to support all costs claimed in Requests
for Reimbursement (RFR).
C. Attend Department -approved grant management training.
D. Attend meetings according to the following:
1. The Department will arrange for meetings with the Subgrantee to present
status of activities and to discuss problems and 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) system messaging, 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. For Department
district -managed grants, the Subgrantee must have written Department district approval for
travel and related expenses if outside of the Department district's boundaries.
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 local 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.
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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:
• review of periodic reports
• physical inspection of project records and
• telephone conversations
• e-mails and letters
• quarterly review meetings
• eGrants system messaging
supporting documentation
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:
Ascertain whether or not the project objectives were met
• Review project accomplishments (performance measures completed, targets
achieved)
• Document any progress towards self-sufficiency
• Account for any approved Program Income earned and expended
• Identify exemplary performance or best practices
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Pedestrian and Bicyclist Safety
Select a goal: Se
I " To reduce the number of motor vehicle -related pedestrian and bicyclist fatalities
Select a strateuy:
Improve public education and information on pedestrians and "safe walking"
Increase public information and education efforts on the use of safety equipment
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Safetv Citv - "Teachin4 Kids to Be Street Smart"
Driver Education and Behavior
Select a goal:
Se
I " To increase public knowledge, perception and understanding of traffic safety
Select a strategy:
Develop and implement public information and education efforts on traffic safety issues
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City of Lubbock
Safety City - "Teaching Kids to Be Street Smart"
Problem Identification and Solution
I. Problem Identification
According to the National Center for Statistics and Analysis in 2007, the number one
leading cause of death from ages 3 to 6 and 8 to 14 is motor vehicle crashes. In
2007, there were 306 pedestrian fatalities and 14,000 pedestrian injuries in the
United States in the 14-and-younger age group. There were a total of 91 bicyclist
fatalities for the 14-and-younger age group in 2007 and 10,000 injured. In the last two
years Lubbock has seen three pedestrians killed in two days, eight area teens killed
as a result of a car crash within a span of six weeks, and a middle school student hit
while crossing the street. (Information obtained from kcbd.com archives). Using
simple techniques to stop, look, and listen, using hand signals, being aware of traffic
lights and traffic laws and being courteous to other drivers can help in preventing
these accidents. News Channel 11 has a series "Safety Solutions" which addresses
concerns of parents and teachers. A story dating 8/8/03 "A Lesson in Bus Safety for
Children and Parents," informs on how to ride a bus and what to do in emergency
situations and the appropriate behavior. Since implementing safety education in our
elementary schools, the number of fatalities in children fourteen and younger have
decreased. Since 2002, over 30,000 kids have visited Safety City to apply what they
have learned in the classroom with actual hands-on experiences. We use our kid
sized town to allow the kids to identify problems while walking, cycling or in the car
with a parent or sibling, then who them the right move. By doing this we give kids the
experience and confidence to know what to do as a pedestrian and cyclist and we
can help to decrease the traffic -pedestrian related fatalities. Safety City is determined
to continue in educating our youth in order to decrease these statistics.
II. Project Plan
Problem Solution
Safety education is provided to public schools in our region and the hands-on
experience that staff at Safety City offers will give children the tools and knowledge
they need to handle potentially hazardous situations in their community. Introducing a
totally updated curriculum with hands-on experience builds confidence along with the
knowledge of basic pedestrian concepts, helmet safety, bicycle fundamentals, rules
of the road when in a car or on a bike. In conjunction with Lubbock Independent
School District, a mandatory curriculum lasting two weeks in the classroom is
followed by a field trip to Safety City. Once here a short refresher on what they
learned and what they can expect once they are outside driving our miniature cars,
practicing bicycle and helmet safety, and pedestrian concepts are all part of the
Safety City experience. Safety City will follow up at the end of each school year with a
health and safety fair centered around issues concerning kids at that specific time.
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Allowing children to ride in a safe environment during the summer, either during open
recreation or our summer camp, staff at Safety City is able to reinforce and embed
pedestrian, bicycle, and traffic safety within our youth.
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City of Lubbock
Safety City - "Teaching Rids to Be Street Smart
Objectives, PI&E, Performance Measures and Activities
Objectives indicate the specific purpose of the project, Objectives should follow the
SMART principle - Specific, Measurable, Action -oriented, Realistic, and Time framed.
Objective statement:
Action Verb
To Educate
Target Number
7500
Baseline Measure
4143
Performance Measure
school age children in pedestrian, bicycle, traffic, and
railroad safety
Completion Date
By 9/30/2010
(mm/dd/yyyy)
Activity
Responsible
Activity Completion Date
(mm/dd/yyyy)
1.
JEducate all LISD 2nd and 4th grades on pedestrian, bicycle
Subgrantee
5/30/2010
and car safety and laws in a hands on environment_
2
Contact all 16 counties pre schools and elementary school
Subgrantee
9/30/2010
administrators on programs offered through Safety City.
3
Offering birthday parties at Safety City. All children receive
Subgrantee
9/30/2010
literature on bicycle, pedestrian, and traffic safety.
4.
Scout troops (Boys/Girls) attend Safety City classes to earn
Subgrantee
9/30/2010
safety badges by learning Texas laws on cycling, and parts
of a bike and maintenance.
5
Health and Safety fairs in our county to provide information
Subgrantee
9/30/2010
on Safety City programs as well as information on
pedestrian and bicycle rules and tips.
6.
Summer Camps (in-house), We offer camps that are filled
Subgrantee
7/31 /2010
with activities revolving around bicycle, pedestrian, and
traffic safety.
7
Developing public information and educational material to
Subgrantee
9/30/2010
enhance awareness on staying safe while walking/ ridding in
our community.
8.
Working with LISD t & preschool to update educational
Subgrantee &
8/31 /2010
material used in teaching bike, pedestrian & car safety by
Dept.
providing new & safe techniques.
9.
10.
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City of Lubbock
Safety City - "Teaching Kids to Be Street Smart'
Budget Summary
Budget Category TxDOT Match Program Income I
I - Labor Costs
(109Salaries: $25,584.00 $25,584.00 $51,168 000
(200) Fringe
Benefits: 71
$0
Sub -Total: $25,584.00 $25,584.00 $0 $51,168.00
Category 11 -Other Direct Costs
(300} Travel: 1 $240.00 $0 11$240,00
[401)} Equipment: $1,900.00 $1,900.00
(500} Supplies: $3.000,0011 $1, IF $4,000.00
H
Contractual $2,840,00 $2,840.00
Services:
H
Other $4.000.00 $1,250.00 $5,250.00
Miscellaneous:
Sub -Total: $9,140.00 1 $5,090.00 $0 $14,230.00
Total Direct Costs: $34,724 00 $30,674.00 $0 $65,398.00
Category III - Indirect Costs
(80t}} Indirect Cost $0
Rate: F ::1
Summary
F To al Labor $25.584.00IE $25,584.00IF7 $01
$51,168.00
Tootal Direct $9,140.00 $5,090.00 $0 $14,230.00
lT otal Indirect
Costs: 7[ :JI $0
Grand Total: I 1 $34,724.00 $30,674.0011 $0 $65,398.00
Fund Sources:
(Percent 53.10% 46.90% 0.00%
Share) IE
Salary and cost rates will be based on the rates submitted by the Subgrantee in its grant application in
eGrants.
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