HomeMy WebLinkAboutResolution - 2013-R0298 - Contract - TXDOT - Teaching Kids To Be Street Smart, Safety City - 11_26_2013aoi3-��a-9g
Replace this contract
with the signed one
when it arrives from
the department!!!!
Resolution No. 2013—RO298
September 26, 2013
Item No. 5.1.2
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, 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 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 this September 26 , 2013.
G N C. R RTSON, MAYOR
ATTEST:
APPROVED AS TO CONTENT:
unity Services Director'
APPROVED AS TO FORM:
gs/Res.TxDot-Safety City
9.5.13
Resolution No. 2013-RO298
Texas Traffic Safety eGrants
Fiscal Year 2014
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: 2014-LubbockP-G-1 YG-0047
Period: 10/01 /2013 to 09/30/2014
City of Lubbock - Parks & Recreation
General
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
Government.
AUTHORITY: Texas Transportation Code, Chapter 723, the Traffic Safety Act of 1967, and
the Highway Safety Performance Plan for the Fiscal Year 2014.
Name of the Federal Agency: National Highway Traffic Safety Administration
Contract Number: 584EGF6046
CFDA Number: 20.600
CFDA Title: State and Community Highway Safety Grant Program
Funding Source: Section 402
DUNS: 058213893
Project Title: Safety City, "Teaching Kids to be Street Smart"
Description: Safety City is dedicated to educating children on the importance of traffic and
bicycle safety. Our facility instructs an average of 5,000 children per year.
This project is Not Research and Development
Grant Period: This Grant becomes effective on 10/01/2013 or on the date of final signature of
both parties, whichever is later, and ends on 09/30/2014 unless terminated or otherwise
modified.
Total Awarded: $56,386.37
Amount Eligible for Reimbursement by the Department: $31,791.89
Match Amount provided by the Subgrantee: $24,594.48
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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
[Legal Name of Agency]
GLEN C. ROBERTSON
[Name]
MAYOR
[Title]
Date:
Under the authority of Ordinance or
Resolution Number (for local government)
(If Applicable)
a-ni 3- ►ZoaarK-
[Resolution Number]
TEST: . -5�<7
oo
ReAzcca Garza, City Secr a
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
M
[District Engineer Texas Department of
Transportation]
[Name]
[Title]
Date:
A
Director, Traffic Operations Division Texas
Department of Transportation (Not required for
local project grants under $100,000.00)
Date:
APPR VED A TO TENT:
Randy Truesdell, Community Services Director
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A y Attorney
City of Lubbock - Parks & Recreation
General
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 compliance.
ARTICLE 2. STANDARD ASSURANCES
The Subgrantee assures and certifies that it will comply with the regulations, policies,
guidelines, and requirements, including 49 CFR Part 18; 49 CFR Part 19 (OMB [Office of
Management and Budget] Circular A-110); 49 CFR Part 225 (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 in the application, and directing and authorizing the person identified as the
official representative of the applicant to act in connection with the application and to
provide any additional information that may be required.
B. It and its subcontractors will comply with Title VI of the Civil Rights Act of 1964 (Public Law
88-352), as amended, and in accordance with that Act, no person shall discriminate, on the
grounds of race, color, sex, national origin, age, religion, or disability.
C. It will comply with requirements of the provisions of the Uniform Relocation Assistance and
Real Property Acquisitions Act of 1970, as amended; 42 USC (United States Code)
§§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 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.
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G. It will give the Department the access to and the right to examine all records, books,
papers, or documents related to this Grant Agreement.
H. It will comply with all requirements imposed by the Department concerning special
requirements of law, program requirements, and other administrative requirements.
It recognizes that many federal and state laws imposing environmental and resource
conservation requirements may apply to this Grant Agreement. Some, but not all, of the
major federal laws that may affect the project include: the National Environmental Policy Act
of 1969, as amended, 42 USC §§4321 et seq.; the Clean Air Act, as amended, 42 USC
§§7401 et seq. and sections of 29 USC; the Federal Water Pollution Control Act, as
amended, 33 USC §§1251 et seq.; the Resource Conservation and Recovery Act, as
amended, 42 USC §§6901 et seq.; and the Comprehensive Environmental Response,
Compensation, and 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, regulations, guidelines,
standards, orders, directives, or other requirements that may affect this Project. Thus, it
agrees to comply, and assures the compliance of each contractor and each subcontractor,
with any federal requirements that the federal government may now or in the future
promulgate.
J. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood
Disaster Protection Act of 1973, 42 USC §4012a(a). Section 102(a) requires, on and after
March 2, 1975, the purchase of flood insurance in communities where that insurance is
available as a condition for the receipt of any federal financial assistance for construction or
acquisition purposes for use in any area that has been identified by the Secretary of the
Department of Housing and Urban Development as an area having special flood hazards.
The phrase "federal financial assistance" includes any form of loan, grant, guaranty,
insurance payment, rebate, subsidy, disaster assistance loan or grant, or any form of direct
or indirect federal assistance.
K. It will assist the Department in its compliance with Section 106 of the National Historic
Preservation Act of 1966 as amended (16 USC 470 et seq.), Executive Order 11593, and
the Antiquities Code of Texas (National Resources Code, Chapter 191).
L. It will comply with Chapter 573 of the Texas Government Code by ensuring that no officer,
employee, or member of the Subgrantee's governing board or the Subgrantee's
subcontractors shall vote or confirm the employment of any person related within the
second degree of affinity or third degree by consanguinity to any member of the governing
body or to any other officer or employee authorized to employ or supervise that person.
This prohibition shall not apply to the employment of a person described in Section
573.062 of the Texas Government Code.
M. It will ensure that all information collected, assembled, or maintained by the applicant
relative to this project shall be available to the public during normal business hours in
compliance with Chapter 552 of the Texas Government Code, unless otherwise expressly
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.
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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 of this Article. If the Project Budget
specifies that costs are based on a specific rate, per -unit cost, or other method of payment,
reimbursement will be based on the specified method.
B. All payments will be made in accordance with the Project Budget.
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.
2. If the overrun is five (5) percent or less, the Subgrantee must provide written
notification to the Department, through the TxDOT Electronic Grants Management
System (eGrants), prior to the Request for Reimbursement being approved. The
notification must indicate the amount, the percent over, and the specific reason(s)
for the overrun.
3. 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.
4. The maximum amount eligible for reimbursement shall not be increased above the
Grand Total TxDOT Amount in the approved Project Budget, unless this Grant
Agreement is amended, as described in Article 5 of this agreement.
5. For Selective Traffic Enforcement Program (STEP) grants only: In the Project
Budget, Subgrantees are not allowed to use underrun funds from the TxDOT amount
of (100) Salaries, Subcategories A, "Enforcement," or B, "PI&E Activities," to
exceed the TxDOT amount listed in Subcategory C, "Other." Also, Subgrantees are
not allowed to use underrun funds from the TxDOT amount of (100) Salaries,
Subcategories A, "Enforcement," or C, "Other," to exceed the TxDOT amount listed
in Subcategory B, "PI&E Activities." The TxDOT amount for Subcategory B, "PI&E
Activities," or C, "Other," can only be exceeded within the five (5) percent flexibility,
with underrun funds from Budget Categories II or 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
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cost principles, as appropriate, outlined in:
1. OMB CircularA-21, Cost Principles for Educational Institutions;
2. 49 CFR Part 225 (OMB CircularA-87), Cost Principles for State, Local, and Indian
Tribal Governments; or,
3. OMB Circular A-1 22, 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.
L 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 under this agreement is contingent upon the availability of funds. If at
any time during this Grant Period, the Department determines that there is insufficient funding
to continue the project, the Department shall notify the Subgrantee, giving notice of intent to
terminate this agreement, as specified in Article 11 of this agreement. If at the end of a federal
fiscal year, the Department determines that there is sufficient funding and performance to
continue the project, the Department may notify the Subgrantee to continue this agreement.
ARTICLE 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.
ARTICLE 6. ADDITIONAL WORK AND CHANGES IN WORK
A. If the Subgrantee is of the opinion that any assigned work is beyond the scope of this
agreement and constitutes additional work, the Subgrantee shall promptly notify the
Department in writing through eGrants. If the Department finds that such work does
constitute additional work, the Department shall advise the Subgrantee and a written
amendment to this agreement will be executed according to Article 5, Amendments, to
provide compensation for doing this work on the same basis as the original work. If
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.
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B. If the Subgrantee has submitted work in accordance with the terms of this agreement but
the Department requests changes to the completed work or parts of the work which involve
changes to the original scope of services or character of work under this agreement, the
Subgrantee shall make those revisions as requested and directed by the Department. This
will be considered as additional work and will be paid for as specified in this Article.
C. If the Subgrantee submits work that does not comply with the terms of this agreement, the
Department shall instruct the Subgrantee to make any revisions that are necessary to bring
the work into compliance with this agreement. No additional compensation shall be paid for
this work.
D. The Subgrantee shall make revisions to the work authorized in this agreement that are
necessary to correct errors or omissions, when required to do so by the Department. No
additional compensation shall be paid for this work.
E. The Department shall not be responsible for actions by the Subgrantee or any costs
incurred by the Subgrantee relating to additional work not directly associated with or prior
to the execution of an amendment.
ARTICLE 7. REPORTING AND MONITORING
A. Not later than thirty (30) days after the end of each reporting period, the Subgrantee shall
submit a performance report through eGrants. 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.
B. The performance report will include, as a minimum: (1) a comparison of actual
accomplishments to the objectives established for the period, (2) reasons why established
objectives and performance measures were not met, if appropriate, and (3) other pertinent
information, including, when appropriate, an analysis and explanation of cost underruns,
overruns, or high unit costs.
C. The Subgrantee shall promptly advise the Department in writing, through eGrants, of events
that will have a significant impact upon this agreement, including:
1. Problems, delays, or adverse conditions, including a change of project director or
other changes in Subgrantee personnel, that will materially affect the ability to attain
objectives and performance measures, prevent the meeting of time schedules and
objectives, or preclude the attainment of project objectives or performance
measures 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.
2. Favorable developments or events that enable meeting time schedules and
objectives sooner than anticipated or achieving greater performance measure
output than originally projected.
D. The Subgrantee shall submit the Final Performance Report through eGrants within thirty
(30) days after completion of the grant.
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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 under this
agreement (called the 'Records"), and shall make the Records available at its office for the
time period authorized within the Grant Period, as specified in this Grant Agreement. The
Subgrantee further agrees to retain the Records for four (4) years from the date of final
payment under this agreement, until completion of all audits, or until pending litigation has been
completely and fully resolved, whichever occurs last.
Duly authorized representatives of the Department, the USDOT, the Office of the Inspector
General, Texas State Auditor, and the Comptroller General shall have access to the Records.
This right of access is not limited to the four (4) year period but shall last as long as the
Records are retained.
ARTICLE 9. INDEMNIFICATION
A. To the extent permitted by law, the Subgrantee, if other than a government entity, shall
indemnify, hold, and save harmless the Department and its officers and employees from all
claims and liability due to the acts or omissions of the Subgrantee, its agents, or
employees. The Subgrantee also agrees, to the extent permitted by law, to indemnify, hold,
and save harmless the Department from any and all expenses, including but not limited to
attorney fees, all court costs and awards for damages incurred by the Department in
litigation or otherwise resisting claims or liabilities as a result of any activities of the
Subgrantee, its agents, or employees.
B. To the extent permitted by law, the Subgrantee, if other than a government entity, agrees to
protect, indemnify, and save harmless the Department from and against all claims,
demands, and causes of action of every kind and character brought by any employee of the
Subgrantee against the Department due to personal injuries to or death of any employee
resulting from any alleged negligent act, by either commission or omission on the part of
the Subgrantee.
C. If the Subgrantee is a government entity, both parties to this agreement agree that no party
is an agent, servant, or employee of the other party and each party agrees it is responsible
for its individual acts and deeds, as well 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 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.
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ARTICLE 11. TERMINATION
A. This agreement shall remain in effect until the Subgrantee has satisfactorily completed all
services and obligations described in this agreement and these have been accepted by
the Department, unless:
1. This agreement is terminated in writing with the mutual consent of both parties; or
2. There is a written thirty (30) day notice by either party; or
3. The Department determines that the performance of the project is not in the best
interest of the Department and informs the Subgrantee that the project is
terminated immediately.
B. The Department shall compensate the Subgrantee for only those eligible expenses
incurred during the Grant Period specified in this Grant Agreement that are directly
attributable to the completed portion of the work covered by this agreement, provided
that the work has been completed in a manner satisfactory and acceptable to the
Department. The Subgrantee shall not incur nor be reimbursed for any new obligations
after the effective date of termination.
ARTICLE 12. INSPECTION OF WORK
A. The Department and, when federal funds are involved, the USDOT, or any of their
authorized representatives, have the right at all reasonable times to inspect or otherwise
evaluate the work performed or being performed under this agreement and the premises in
which it is being performed.
B. If any inspection or evaluation is made on the premises of the Subgrantee or its
subcontractor, the Subgrantee shall provide and require its subcontractor to provide all
reasonable facilities and assistance for the safety and convenience of the inspectors in the
performance of their duties. All inspections and evaluations shall be performed in a manner
that will not unduly delay the work.
ARTICLE 13. AUDIT
The state auditor may conduct an audit or investigation of any entity receiving funds from the
state directly under this agreement or indirectly through a subcontract under this agreement.
Acceptance of funds directly under this agreement or indirectly through a subcontract under this
agreement acts as acceptance of the authority of the State Auditor, under the direction of the
legislative audit committee, to conduct an audit or investigation in connection with those funds.
An entity that is the subject of an audit or investigation must provide the state auditor with
access to any information the state auditor considers relevant to the investigation or audit.
ARTICLE 14. SUBCONTRACTS
A subcontract in excess of $25,000 may not be executed by the Subgrantee without prior
written concurrence by the Department. Subcontracts in excess of $25,000 shall contain all
applicable terms and conditions of this agreement. No subcontract will relieve the Subgrantee
of its responsibility under this agreement.
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ARTICLE 15. GRATUITIES
A. Texas Transportation Commission policy mandates that employees of the Department shall
not accept any benefit, gift, or favor from any person doing business with or who,
reasonably speaking, may do business with the Department under this agreement. The only
exceptions allowed are ordinary business lunches and items that have received the
advanced written approval of the Department's Executive Director.
B. Any person doing business with or who reasonably speaking may do business with the
Department under this agreement may not make any offer of benefits, gifts, or favors to
Department employees, except as mentioned here above. Failure on the part of the
Subgrantee to adhere to this policy may result in termination of this agreement.
ARTICLE 16. NONCOLLUSION
The Subgrantee warrants that it has not employed or retained any company or person, other
than a bona fide employee working solely for the Subgrantee, to solicit or secure this
agreement, and that it has not paid or agreed to pay any company or person, other than a bona
fide employee, any fee, commission, percentage, brokerage fee, gift, or any other
consideration contingent upon or resulting from the award or making of this agreement. If the
Subgrantee breaches or violates this warranty, the Department shall have the right to annul this
agreement without liability or, in its discretion, to deduct from the agreement price or
consideration, or otherwise recover the full amount of such fee, commission, brokerage fee,
contingent fee, or gift.
ARTICLE 17. CONFLICT OF INTEREST
The Subgrantee represents that it or its employees have no conflict of interest that would in any
way interfere with its or its employees' performance or which in any way conflicts with the
interests of the Department. The Subgrantee shall exercise reasonable care and diligence to
prevent any actions or conditions that could result in a conflict with the Department's interests.
ARTICLE 18. SUBGRANTEE'S RESOURCES
A. The Subgrantee certifies that it presently has adequate qualified personnel in its
employment to perform the work required under this agreement, or will be able to obtain
such personnel from sources other than the Department.
B. All employees of the Subgrantee shall have the knowledge and experience that will enable
them to perform the duties assigned to them. Any employee of the Subgrantee who, in the
opinion of the Department, is incompetent or whose conduct becomes detrimental to the
work, shall immediately be removed from association with the project.
C. Unless otherwise specified, the Subgrantee shall furnish all equipment, materials, supplies,
and other resources required to perform the work.
ARTICLE 19. PROCUREMENT AND PROPERTY MANAGEMENT
The Subgrantee shall establish and administer a system to procure, control, protect, preserve,
use, maintain, and dispose of any property furnished to it by the Department or purchased
pursuant to this agreement in accordance with its own procurement and property management
procedures, provided that the procedures are not in conflict with (1) the Department's
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procurement and property management standards and (2) the federal procurement and
property management standards provided by:
A. 49 CFR, Part 18, "Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments," or
B. 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
Upon completion or termination of this Grant Agreement, whether for cause or at the
convenience of the parties, all finished or unfinished documents, data, studies, surveys,
reports, maps, drawings, models, photographs, etc. prepared by the Subgrantee, and
equipment and supplies purchased with grant funds shall, at the option of the Department,
become the property of the Department. All sketches, photographs, calculations, and other
data prepared under this agreement shall be made available, upon request, to the Department
without restriction or limitation of their further use.
A. Intellectual property consists of copyrights, patents, and any other form of intellectual
property rights covering any databases, software, inventions, training manuals, systems
design, or other proprietary information in any form or medium.
B. All rights to Department. The Department shall own all of the rights (including copyrights,
copyright applications, copyright renewals, and copyright extensions), title and interests in
and to all data, and other information developed under this contract and versions thereof
unless otherwise agreed to in writing that there will be joint ownership.
C. All rights to Subgrantee. Classes and materials initially developed by the Subgrantee
without any type of funding or resource assistance from the Department remain the
Subgrantee's intellectual property. For these classes and materials, the Department
payment is limited to payment for attendance at classes.
ARTICLE 21. SUCCESSORS AND ASSIGNS
The Department and the Subgrantee each binds itself, its successors, executors, assigns, and
administrators to the other party to this agreement and to the successors, executors, assigns,
and administrators of the other party in respect to all covenants of this agreement. The
Subgrantee shall not assign, sublet, or transfer interest and obligations in this agreement
without written consent of the Department through eGrants.
ARTICLE 22. CIVIL RIGHTS COMPLIANCE
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,
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: The Subgrantee, with regard to the work performed during the period of
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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 by the Subgrantee of
the Subgrantee's obligations under this agreement and the regulations relative to
nondiscrimination on the grounds of race, color, sex, national origin, age, religion, or
disability.
D. Information and reports: The Subgrantee shall provide all information and reports required
by the Regulations, or directives issued pursuant thereto, and shall permit access to its
books, records, accounts, other sources of information, and its facilities as may be
determined by the Department or the USDOT to be pertinent to ascertain compliance with
the Regulations or directives. Where any information required of the Subgrantee is in the
exclusive possession of another who 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 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 USDOT may determine to be appropriate.
F. Incorporation of provisions: The Subgrantee shall include the provisions of paragraphs A.
through E. in every subcontract, including procurements of materials and leases of
equipment, unless exempt by the regulations or directives. The Subgrantee shall take any
action with respect to any subcontract or procurement that the Department may direct as a
means of enforcing those provisions, including sanctions for noncompliance. However, in
the event a Subgrantee becomes involved in, or is threatened with litigation with a
subcontractor or supplier as a result of such direction, the Subgrantee may request the
Department to enter into litigation to protect the interests of the state; and in addition, the
Subgrantee may request the United States to enter into such litigation to protect the
interests of the United States.
ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM
A. The parties shall comply with the DBE Program requirements established in 49 CFR Part
26.
B. The Subgrantee shall adopt, in its totality, the Department's federally approved DBE
program.
C. The Subgrantee shall set an appropriate DBE goal consistent with the Department's DBE
guidelines and in consideration of the local market, project size, and nature of the goods or
services to be acquired. The Subgrantee shall have final decision -making authority
regarding the DBE goal and shall be responsible for documenting its actions.
D. The Subgrantee shall follow all other parts of the Department's DBE program referenced in
TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas
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Department of Transportation's Federally -Approved Disadvantaged Business Enterprise
by Entity and attachments found at web address
htt://t�xdot gov/business/business outreach/mou.htm.
E. The Subgrantee shall not discriminate on the basis of race, color, national origin, or sex in
the award and performance of any USDOT-assisted contract or in the administration of its
DBE program or the requirements of 49 CFR Part 26. The Subgrantee shall take all
necessary and reasonable steps under 49 CFR Part 26 to ensure non-discrimination in
award and administration of USDOT-assisted contracts. The Department's DBE program,
as required by 49 CFR Part 26 and as approved by USDOT, is incorporated by reference
in this agreement. Implementation of this program is a legal obligation and failure to carry
out its terms shall be treated as a violation of this agreement. Upon notification to the
Subgrantee of its failure to carry out its approved program, the Department may impose
sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the
matter for enforcement under 18 USC 1001 and the Program Fraud Civil Remedies Act of
1986 (31 USC 3801 et seq.).
F. Each contract the Subgrantee signs with a contractor (and each subcontract the prime
contractor signs with a sub -contractor) must include the following assurance: The
contractor, sub -recipient, or sub -contractor shall not discriminate on the basis of race,
color, national origin, or sex in the performance of this contract. The contractor shall carry
out applicable requirements of 49 CFR Part 26 in the award and administration of
USDOT-assisted contracts. Failure by the contractor to carry out these requirements is a
material breach of this agreement, which may result in the termination of this agreement
or such other remedy as the recipient deems appropriate.
ARTICLE 24. DEBARMENT AND 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 the 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 the 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, the
Subgrantee shall attach an explanation to this agreement.
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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." By executing this agreement, the Subgrantee certifies that it is not
currently debarred, suspended, or otherwise excluded from or ineligible for participation in
Federal Assistance Programs under Executive Order 12549 and further certifies that it will
not do business with any party that is currently debarred, suspended, or otherwise excluded
from or ineligible for participation in Federal Assistance Programs under Executive Order
12549.
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
In executing this agreement, each signatory certifies to the best of that signatory's knowledge
and belief that:
A. No federally appropriated funds have been paid or will be paid by or on behalf of the
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 sub -awards at all tiers (including subcontracts, sub -grants, and contracts
under grants, loans and cooperative agreements) and that all sub -recipients shall certify
and disclose accordingly. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Title 31 USC § 1352. Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
ARTICLE 26. CHILD SUPPORT CERTIFICATION
Under Section 231.006, Texas Family Code, the Subgrantee certifies that the individual or
business entity named in this agreement is not ineligible to receive the specified grant, loan, or
payment and acknowledges that this agreement may be terminated and payment may be
withheld if this certification is inaccurate. If the above certification is shown to be false, the
Subgrantee is liable to the state for attorney's fees and any other damages provided by law or
the agreement. A child support obligor or business entity ineligible to receive payments
because of a payment delinquency of more than thirty (30) days remains ineligible until: all
arrearages have been paid; the obligor is in compliance with a written repayment agreement
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or court order as to any existing delinquency; or the court of continuing jurisdiction over the
child support order has granted the obligor an exemption from Subsection (a) of Section
231.006, Texas Family Code, as part of a court -supervised effort to improve earnings and
child support payments.
ARTICLE 27. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT
REQUIREMENTS
A. Any recipient of funds under this agreement agrees to comply with the Federal Funding
Accountability and Transparency Act and implementing regulations at 2 CFR Part 170,
including Appendix A. This agreement is subject to the following award terms:
httn:/Iedocket.access aoo aov!Z010/r)df/2019-22705.odf and htto://edocket.access.ano.00v/2010/ndf/2010-
B. The Subgrantee agrees that it shall
1. Obtain and provide to the State a Central Contracting Registry (CCR) number
(Federal Acquisition Regulation, Part 4, Sub -part 4.1100) if this award provides for
more than $25,000 in Federal funding. The CCR number may be obtained by
visiting the CCR web -site whose address is: https://www.bpn.aov/ccr/default.aspx;
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 entities required to do so by visiting the Dun &
Bradstreet (D&B) on-line registration website htt :/n /fadgov.dob.comlaebfgrm; and
3. Report the total compensation and names of its top five (5) executives to the State if:
i. More than 80% of annual gross revenues are from the Federal government, and
those revenues are greater than $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 OMB Circular A-
133.
B. If threshold expenditures of $500,000 or more are met during the Subgrantee's fiscal year,
the Subgrantee must submit a Single Audit Report and Management Letter (if applicable)
to TxDOTs Audit Office, 125 East 11th Street, Austin, TX 78701 or contact TxDOTs Audit
Office at httn://www.txdot.aov/contact us/audit.htm.
C. If expenditures are less than $500,000 during the Subgrantee's fiscal year, the Subgrantee
must submit a statement to TxDOTs Audit Office as follows: "We did not meet the
$500,000 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
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will be responsible for filing a report or statement as described above. The required annual
filing shall extend throughout the life of the agreement, unless otherwise amended or the
project has been formally closed out and no charges have been incurred within the current
fiscal year.
ARTICLE 29. BUY AMERICA ACT
The Subgrantee will comply with the provisions of the Buy America Act (49 U.S.C. 53230)),
which contains the following requirements:
Only steel, iron and manufactured products produced in the United States may be purchased
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 of the 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 Secretary of Transportation.
ARTICLE 30. RESTRICTION ON STATE LOBBYING
None of the funds under this program will be used for any activity specifically designed to urge
or influence a State or local legislator to favor or oppose the adoption of any specific legislative
proposal pending before any State or local legislative body. Such activities include both direct
and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude
a State official whose salary is supported with NHTSA funds from engaging in direct
communications with State or local legislative officials, in accordance with customary State
practice, even if such communications urge legislative officials to favor or oppose the adoption
of a specific pending legislative proposal.
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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.
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 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), 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:
1. review of periodic reports
2. physical inspection of project records and supporting documentation
3. telephone conversations
4. a -mails and letters
5. quarterly review meetings
6. eGrants
B. Provide program management and technical assistance.
C. Attend appropriate meetings.
D. Reimburse the Subgrantee for all eligible costs as defined in the project budget. Requests
for Reimbursement will be processed up to the 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. Document any progress towards self-sufficiency
4. Account for any approved Program Income earned and expended
5. Identify exemplary performance or best practices
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Planning and Administration
Goal(s):
X To provide effective and efficient management of the Texas Traffic Safety Program
Strategy:
Provide training and assistance for local and statewide traffic safety problem identification.
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Alcohol and Other Drug Counter Measures
Goal(s):
To reduce the number of alcohol impaired and driving under the influence of alcohol and other
drug -related crashes, fatalities and injuries.
Strategy:
X To reduce the number of DUI -related crashes where the driver is under age 21.
Strategy:
Increase public education and information, concentrating on youth age 5-13 and 14-20,
including parent education on drinking and driving.
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Occupant Protection
Goal(s):
X To increase occupant restraint use in all passenger vehicles and trucks.
Strategy:
Increase public information and education campaigns.
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Pedestrian and Bicyclist Safety
Goal(s):
X To reduce the number of motor vehicle -related pedestrian and bicyclist fatalities.
Strategy:
Increase public information and education on motorists' responsibilities pertaining to
pedestrian and bicyclist safety.
Increase public information and education efforts on pedestrian and bicyclist safety.
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Driver 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.
To reduce the number of crashes and injuries related to distracted driving.
Strategy:
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Railroad / Highway Crossing
Goal(s):
X To reduce KAB crashes at railroad/highway crossings.
Strategy:
Increase public education and information on railroad/highway crossing safety.
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Roadway Safety
Goal(s):
X To reduce the number of traffic crashes, injuries, and fatalities in work zones.
Strategy:
Increase public education and information on roadway safety.
To increase knowledge of roadway safety and current technologies among people involved in
engineering, construction, and maintenance areas at both the state and local level.
Strategy:
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Safe Communities
Goal(s):
X To establish integrated community traffic safety programs to prevent traffic -related fatalities
and injuries.
Strategy:
Support statewide the Texas Safe Community efforts by providing education, training, and
coordination on how to initiate and conduct community based traffic safety programs and
how communities can become designated as a Texas Safe community Coalition.
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School Bus
Goal(s):
X To reduce School bus -related crashes, injuries and fatalities.
Strategy:
Provide public information and education campaigns to promote safe motor vehicle
operations around school buses.
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Problem Identification and Solution
I. Problem Identification
According to the National Safety Council, more than 3,000 children die, 60,000 go to
emergency rooms and 170,000 are injured in traffic -related accidents each year in the
United States. Almost half of all traffic fatalities involve children between the ages of one
and fifteen. Most of these accidents could have been avoided if children were more aware
of traffic safety. Studies concluded that children who learn hazard identification and
avoidance in an experimental environment had 89% fewer accidents. The City of Lubbock
Police Department does track the number of accidents each year involving young children.
It is imperative that we teach our young children the importance of being safe while riding
in a car, walking outside, and riding their bicycles in order to decrease the number of
accidents we have in Lubbock, TX.
II. Problem Solution
Safety City is an unique kid -sized town where school age children learn hands-on rules of
pedestrian, bicycle, and traffic safety. Safety City is operated and funded by the City of
Lubbock Parks and Recreation Department. Not only does Safety City offer safety
education, but we also offer many other programs such as summer camps, bicycle
lessons, birthday parties, badge requirements for boy and girl scout troops and
classes/activities for children with special needs.
Safety City is a 2 1/2 acre miniature city complete with traffic signals, crosswalks, and
small sized automobiles used to teach traffic safety techniques to children. It simulates a
real traffic environment featuring many safety hazards children encounter on a daily basis.
Upon arrival to Safety City, children are given a short presentation by a trained staff
member about bicycle, pedestrian, bus safety, railroad safety and traffic laws. Each child,
depending on age is given an opportunity to have hands-on experience dealing with the
information presented in the classroom presentation. Second graders participate as
pedestrians and bicyclists and fourth graders participate as pedestrians, bicyclists and
motorists.
Potential safety hazards such as overpasses, construction areas, railroad crossings and
school zones are included so that children can learn to react in these circumstances in a
realistic setting.
Safety City has expanded to include seat belt education, animal safety and hosting a
yearly on -site safety fair that attracts area hospitals and other safety related organizations.
We also will be working with West Texas Cycling Club and the Lubbock Bicycle
Community to host bicycle workshops.
III. Project Evaluation
Safety City hopes to see a decrease in traffic related injuries and deaths involving children
not only in the Lubbock area but state wide. The numbers of those traffic related injuries
are tracked by the Lubbock Police Department. Staff at Safety City will continue to
evaluate those numbers in order to show that the program is having a positive effect on the
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safety of young children. Safety City will continue to expand programming to educate more
children each year.
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Objectives, PI&E, Performance Measures and Activities
Objective statement: To Educate 7500 elementary students in pedestrian, bicycle, motor
vehicle, bus, and railroad safety by 9/30/2014
Activity
Activity Responsible Completion
Date
1.
Educate Lubbock Independent School District's and Subgrantee
5/30/2014
surrounding school district's elementary students about
traffic safety.
2.
Offer birthday parties at Safety City where children Subgrantee
9/30/2014
receive literature on bicycle, pedestrian, and motor
safety.
3.
Boy/Girl Scout troops attend Safety City classes in Subgrantee
9/30/2014
order to earn safety badges by learning traffic laws.
4.
Health and Safety Fairs: by attending other fairs to Subgrantee
9/30/2014
offer information, location and programming about
Safety City.
5.
Summer camps: offer activities revolving around health Subgrantee
9/30/2014
and safety.
6.
Bicycle lessons: teaching children how to ride a bicycle Subgrantee
9/30/2014
without training wheels and how to safely navigate city
streets.
7.
ADA: offer programming to children with special needs Subgrantee
9/30/2014
of all ages. This program includes but is not limited to
general traffic safety.
8.
Fun summer recreation: offer a time during the summer Subgrantee
9/30/2014
months that children lean about bicycle, pedestrian and
motor safety.
9.
Host annual Health and Safety Fair: to educate the Subgrantee
5/30/2014
public on health and safety issues.
10.
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Budget Summary
i budget Category 11 TxDOT Match li Program Income J1 Total i
Category I - Labor Costs
(100) Salaries: $16,395.60 $20,8378748]1 $0 $37,234.08
200 ( Fringe ) Benefits: $ $$011
$0 $0
Sub -Total: $16,395.60 $20,838.48 $0 $37,234.08
Category II - Other Direct Costs
(300) Travel: $2,226.50 $0 $0 $2,226.50
(400) Equi ment: $3,980.00 $0 $0 $3,980.00
(600) Supplies: 1 $1,500.00 $0 $0 $1,500.00
Contractual
(600) Services: $0 $3,756.00 $0 $3,756.00
FOther
,7,],)Miscellaneous: $7,689.79 $0 $0 F $7,689.79
__]ISub-Total: J[— $15,396.29 $3,756.00
Total Direct Costs: 11 $31,791.89 $24,594.48
Category III - Indirect Costs
�(8010)
Indirect Cost
Rate: $0 $0
Summary
Total Costs: Labor�7 $16,395.60 IF $20,838.48
To
tal Direct $15,396.29 $3,756.00
$0
$19,152.24
;56, 386.37
$37,234
$19,152
Total Indirect $0 $0F $0 $0
Costs: IF
Grand Total: IL $31,791.891 --$24,594.48�1 $011 $56,386.37�
Fund Sources:
(Percent 56.38% 43.62% 0.00%
Share)
Salary and cost rates will be based on the rates submitted by the Subgrantee in its grant application in
eGrants.
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