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HomeMy WebLinkAboutResolution - 2019-R0344 - Safety City Grant - 09_24_2019Resolution No. 2019-RO344 Item No. 6.26 September 24, 2019 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 Texas Traffic Safety Program Grant Agreement and related documents from the State of Texas, acting by and through the Texas Department of Transportation. Said Grant Agreement will be used to develop and provide comprehensive traffic eduation programs to the South Plains with the initiative to create a safe environment on and around public roadways, and the grant funds will be used only for the purposes for which they are intended under the grant. Said Grant Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on SeptCMbQr 24, 2019 DANIEL M. POPE, MAYOR ATTEST: Pkcca Garza, City Sec eta APPROVED AS TO CONTENT: I�M&A,Lul) --- Bridget I~ aulkenberry, Director of Parks & Recreation APPROVED AS TO FORM: stant City Attorney RI:S. Grant Agreement 2020 kDOT fraf'fic Safety 94.19 City of Lubbock - Parks & Recreation General -2020 Texas Depoho ent Of Trawportalion-'lfaltic Safety Electronic Signature Authorization Form This form ideFftes the persorXs) who have the authority to sign grant ageemenls and amendments for the Grant ID fisted at the bottom of the page. No= Of OrgarftMon: City of Lubbock Propet 711119: Safety City: "Providing Education Today for a Safer Tonrorraaf' Authodzft Audrorilt► The signatory of the Subgrantee hereby represents and warrants that shelhe is an officer of to organization for which sheltie has executed this agreement and that shelhe has full and complete authority to ever into the agreement on behalf of the organization. I authorize the person(s) Isted under the section "Authorized to Electronically Sign Grant Agreements and ' to enter into an agreement on behalf of the organization. Daniel M. Pope Tide: Mayor signiftw. September 24. 2019 f Under the authority of Ordirrarxe or Resolution Number (ti applicable) Resolution No. 2019-RO344 Authorised to Electronieatiy Sign Grant Agreement and Amendmarle List Subgrantee Administrators who have complete authority to ender into an agreement on behalf of the organization _ PdnI Name of Sulbgranhe A*Nlubtratm M UDOT TmMc Safeq eGmuft + TN1e Daniel M Pope Mayor O.J. Williams Outdoor Recreation Coordinator 2020-LubbockP-G-1YG-0217 Printed On: 7/30/2019 Page 1 of 1 Texas Traffic Safety eGrants Fiscal Year 2020 Organization Name: City of Lubbock - Parks & Recreation Legal Name: City of Lubbock Payee Identification Number: 17560005906000 Project Title: Safety City: "Providing Education Today for a Safer Tomorrow" ID: 2020-LubbockP-G-1 YG-0217 Period: 10/01/2019 to 09/30/2020 City of Lubbock - Parks & Recreation General -2020 X The following person has authorized the submittal of this proposal Name O J Williams Title Outdoor Recreation Coordinator Address 1611 10th Street City Lubbock State Texas Zip Code 79401 Phone Number 806-775-2690 (xxx-xxx-xxxx) Fax Number 806-775-2686 (xxx-xxx-xxxx) E-mail address owiIliams@mylubbock.us 2020-LubbockP-G-1YG-0217 Printed On: 7/30/2019 Page 1 of 48 City of Lubbock - Parks & Recreation General -2020 COUNTY SERVED Bailey County - Lubbock District Castro County - Lubbock District Cochran County - Lubbock District Crosby County - Lubbock District Dawson County - Lubbock District Floyd County - Lubbock District Games County - Lubbock District Garza County - Lubbock District Hale County - Lubbock District Hockley County - Lubbock District Lamb County - Lubbock District Lubbock County - Lubbock District Lynn County - Lubbock District Parmer County - Lubbock District SvAsher County - Lubbock District Terry County - Lubbock District 'oakum County - Lubbock District 2020-LubbockP-G-1YG-0217 Printed On: 7/30/2019 Page 2 of 48 City of Lubbock - Parks & Recreation General -2020 POLITICAL DISTRICT SERVED US Congress* Congressional District 19 Texas Senate* Texas Senate District 2$ Texas House* Texas House of Representatives District $3 Texas House of Representatives District 84 2020-LubbockP-G-1YG-0217 Printed On: 7/30/2019 Page 3 of 48 City of Lubbock - Parks & Recreation General -2020 GRANT AGREEMENT GENERAL TERMS AND CONDITIONS (Revised 0 711 8/20 9 9) Definitions: For purposes of these Terms and Conditions, the "Department" is also known as the "State" and the "prospective primary participant" and the "Subgrantee" is also known as the "Subrecipient" and "prospective lower tier participant" ARTICLE 1. COMPLIANCE WITH LAWS The Subgrantee shall comply with all federal state and local laws, statutes. codes, ordinances rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of this agreement, including without limitation workers' compensation laws, minimum and maximum salary and wage statutes and regulations nondiscrimination laws and regulations, and licensing laws and regulations When required the Subgrantee shall furnish the Department with satisfactory proof of compliance ►.L'fltt[9� �+�-�i:1►1�7I:t�I:>~1��w1:7�1► [�3 �; The Subgrantee assures and certifies that it will comply with the reguWions, policies: guidelines, and requirements, including 2 CFR, Part 200; 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 ft 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 federal;y assisted programs D Political activity (Hatch Act) (applies to subrecipients as well as States). The State will comply with provisions of the Hatch Act (5 U_S.C. 1501-1508) which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds E. It will comply with the federal Fair 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 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 2020-LubbockP-G-1YG-0217 Printed On: 7/30/2019 Page 4 of 48 City of Lubbock - Parks & Recreation General -2020 H It will comply with all requirements imposed by the Department concerning special requirements of law program requirements, and other administrative requirements. L 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 mayor 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. ►T 4ZPTii1+1hN, A The method of payment for this agreement will be based on actual costs incurred up to and not to exceed the limits specified in the Project Budget The amount included in a Project Budget category will be deemed to be an estimate only and a higher amount can be reimbursed. subject to the conditions specified in paragraph S of this Article If the Project Budget species that costs are based on a specific rate, per-unit cost. or other method of payment, reimbursement will be based on the specified method, 2020-LubbockP-G-1YG-0217 Printed On: 7/30/2019 Page 5 of 48 City of Lubbock - Parks & Recreation General -2020 B All payments will be made in accordance with the Protect Budget, 1 The Subgrantee's expenditures may overrun a budget category (1, Il, 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 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 with.n 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 byth;s 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 the cost principles outlined in 2 CFR Part 200 F. The Subgrantee agrees to submit monthly Requests for Reimbursement, as designated in this Grant Agreement. within thirty (30) days after the end of the billing period The Request for Reimbursement and appropriate supporting documentation must be submitted through eGrants G. The Subgrantee agrees to submit the final Request for Reimbursement under this agreement within forty -live (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 bevond the initial aareement period. 2020-LubbockP-G-1YG-0217 Printed On: 7/30/2019 Page 6 of 48 City of Lubbock - Parks & Recreation General -2020 Preference for funding will be given to projects based on (1) proposed cost sharing and (2) demonstrated performance history 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_ V 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 wcrk will cause the maximum amount payable to be exceeded, the work will not be performed before a written grant amendment is executed. B. If the Subgrantee has submitted work in accordance with the terms of this agreement but the Department requests changes to the completed work or parts of the work which involve changes to the original scope of services or character of work under this agreement. the Subgrantee shall make those revisions as requested and directed by the Department This will be considered as additional work and will be paid for as specified in this Article C. If the Subgrantee submits work that does not comp;y with the terms of this agreement. the Department shall instruct the Subgrantee to make any revis,ons 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 pa d for this work E The Department shall not be responsible for actions by the Subgrantee or any costs incurred by the Subgrantee relating to additional work not directly associated with or prior to the execution of an amendment. ARTICLE 7. REPORTING AND MONITORING A Not later than thirty (30) days after the end of each reporting period, the Subgrantee shall submit a performance report through eGrants Reporting periods vary by project duration and are defined as follows. 2020-LubbockP-G-1YG-0217 Printed On: 7/30/2019 Page 7 of 48 City of Lubbock - Parks & Recreation General -2020 1 For short term projects the reporting period is the duration of the project Subgrantee shall submit a performance report within 30 days of project completion 2 For longer projects. the reporting period is monthly Subgrantee shall submit a performance report within 30 days of the completion of each project month and within 30 days of project completion 3 For Selective Traffic Enforcement Program (STEP) Wave projects, the reporting period is each billing cycle. Subgrantee shall submit a performance report within 30 days of the completion of each billing cycle. B The performance report will include as a minimum (1) a comparison of actual accomplishments to the objectives established for the period (2) reasons why established objectives and performance measures were not met, if appropriate and (3) other pert -neat 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 meas.ire output tian originally projected D. The Subgrantee shall submit the Final Performance Report through eGrants within thirty (30) days after completion of the grant. 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 f.ompletion of all audits, or until pending litigation has been completely and fully resolved whichever occurs 3ast Duly authorized representatives of the Department the USDOT, the Office of the Inspector General, Texas State Auditor. and the Comptroller General shat; 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, shah 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 res,sting claims or liabilities as a result of any activities of the Subgrantee its agents, or employees 2020-LubbockP-G-1 YG-0217 Printed On: 7/30/2019 Page 8 of 48 City of Lubbock - Parks & Recreation General -2020 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 parry agrees it is responsible for its individual acts and deeds, as well as the acts and deeds of its contractors. employees. representatives. and agents ARTICLE 10. DISPUTES AND REMEDIES This agreement supersedes any prior oral 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 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. A!I inspections and evaluations shall be performed in a manner that will not unduly delay the work. 2020-LubbockP-G-1YG-0217 Printed On: 7/30/2019 Page 9 of 48 City of Lubbock - Parks & Recreation General -2020 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 th!s 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 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 Departmert 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 discretLon 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 2020-LubbockP-G-1YG-0217 Printed On: 7/30/2019 Page 10 of 48 City of Lubbock - Parks & Recreation General -2020 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 18. PROCUREMENT AND PROPERTY MANAGEMENT The Subgrantee shall establish and administer a system to procure control, protect preserve. use maintain. and dispose of any property furnished to it by the Department or purchased pursuant to this agreement in accordance with its own procurement and property management procedures provided that the procedures are not in conflict with (1) the Department's procurement and property management standards and (2) the federal procurement and property management standards provided by 2 CFR §§ 200 310- 316. 200 318- 324. 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 admin strators 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 United States Department of Transportation 2020-LubbockP-G-1YG-0217 Printed On: 7/30/2019 Page 11 of 48 City of Lubbock - Parks & Recreation General -2020 (USDOT), 49 CFR, Part 21, 23 CFR. Part 200; and 41 CFR, Parts 60-74, as they may be amended periodically (called the "Regulations") The Subgrantee agrees to comply with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 and as supplemented by the U S Department of Labor regulations (41 CFR: Part 60)_ B Nondiscrimination (applies to subrecipients as well as States) The State highway safety agency will comply with all Federal statutes and implementing regulations relating to nondiscrimination ("Federal Nondiscrimination Authorities") These include but are not limited to- • Title VI of the Civil Rights Act of 1964 (42 U_S.C. 2000d et seq.: 78 stat 252) (prohibits discrimination on the basis of race, color, national origin) and 49 CFR part 21 • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C, 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects), • Federal -Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U_S C 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U S C 794 et seq ) as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27, • The Age Discrimination Act of 1975, as amended (42 U S C 6101 et seq ). (prohibits discrimination on the basis of age); • The Civil Rights Restoration Act of 1987 , (Pub_ L. 100-209). (broadens scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients subrecipients and contractors whether such programs or activities are Federally -funded or not) • Titles II and III of the Americans with Disabilities Act (42 U S C 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities. public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38; • Executive Order 12898, Federal Actions to Address Environmental Justice In Minority Populations and Low -Income Populations (prevents discrimination against minority populations by discourag-ng programs polic!es and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations) and • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency {guards against Title VI national origin discrimination/discrimination because of limited English profic=cy (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FR 74087-74100) The State highway safety agency - Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race color national origin, disability, sex, age. limited English proficiency, or membership in any other class protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the program is Federally -assisted Will administer the program in a manner that reasonably ensures that any of its subrecipients. contractors, subcontractors, and consultants receiving Federal financial assistance under this program will comply with all requirements of the Non -Discrimination Authorities identified in this Assurance- 2020-LubbockP-G-lYG-0217 Printed On: 7/30/2019 Page 12 of 48 City of Lubbock - Parks & Recreation General -2020 Agrees to comply (and require its subrecipients, contractors, subcontractors and consultants to comply) with all applicable provisions of law or regulation governing US DOT's or NHTSA's access to records, accounts, documents, information, facilities, and staff, and to cooperate and comply with any program or compliance reviews, andfor complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination Authority, Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising under these Non -Discrimination Authorities and this Assurance; Agrees to insert in all contracts and funding agreements with other State or private entities the following clause: "During the performance of this contract/funding agreement, the contractorlfunding recipient agrees - a. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time, b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non- discrimination law or regulation, as set forth in appendix B of 49 CFR part 29 and herein, c. To permit access to its books, records, accounts other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA: d_ That. in event a contractodfinding recipient fails to comply with any nondiscrimination provisions in this contract/funding agreement. the State highway safety agency will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate including but not limited to withholding payments to the contractorlfunding recipient under the contract/agreement unti.. the contractor/funding recipient complies, andlor cancelling, terminating or suspending a contract or funding agreement in whole or in part and e. To insert this clause. including paragraphs (a) through (e), in every subcontract and subagreement and in every solicitation for a subcontract or sub -agreement, that receives Federal funds under this program C_ Solicitations for subcontracts, including procurement of materials and equipment_ In all solicitations either by competitive bidding or negotiation made by the Subgrantee for work to be performed under a subcontract, including procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the Subgrantee of the Subgrantee's obligations under this agreement and the regulations relative to nondiscrimination on the grounds of race, color, sex, national origin, age. religion. or disability D Information and reports. The Subgrantee shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall 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 2020-LubbockP-G-1YG-0217 Printed On: 7/30/2019 Page 13 of 48 City of Lubbock - Parks & Recreation General -2020 E in every subcontract, including procurements of materials and leases of equipment, unless V 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 Department of Transportation's Federally -Approved Disadvantaged Business Enterprise by Entity and attachments found at web address :7t'a;rl mw.txdot yvv Wu _;Oesslaartnershiasidbe_ rikr-i! 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 shalt 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. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION (applies to subrecipients as well as Statest Instructions for Primary Tier Participant Certification (States) 1 By signing and submitting this proposal the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 GFR parts 180 and 1200 2020-LubbockP-G-1 YG-0217 Printed On: 7/30/2019 Page 14 of 48 City of Lubbock - Parks & Recreation General -2020 2 The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction_ However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3 The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification in addition to other remedies available to the Federal Government the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment 4. The prospective primary tier participant shall provide immed ate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances 5 The terms covered transaction, civil judgment, debarment suspension, ineligible. participant person. principal, and voluntarily excluded. as used in this clause. are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations 6 The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction 7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension; Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification , in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply w th 2 CFR parts 180 and 1200. 8 A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4 debarred suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended debarred or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to check the System for Award Management Exclusions website (https://www.sam.gov/). 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings 10 Except for transactions authorized under paragraph 6 of these instructions :f a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9 4 suspended debarred ineligible or 2020-LubbockP-G-1YG-0217 Printed On: 7/30/2019 Page 15 of 48 City of Lubbock - Parks & Recreation General -2020 voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default Cer_tifo on Regarding Debarment Suspension.nd Other Responsibility Matters-PdMarx Tier Covered Transactions (1) The prospective primary tier participant certifies to the best of its knowledge and belief that it and its principals (a) Are not presently debarred. suspended. proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency, (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement. theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification: and (d) Have not within a three-year period preceding this applicationproposal had one or more public transactions (Federal, State, or local) terminated for cause or default (2) Where the prospective primary participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal_ Instructions for Lower Tier Particiaant Certification 1 By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, civil judgment, debarment suspension ineligible participant person, principal, and voluntarily excluded, as used in this clause are defined in 2 CFR parts 180 and 1200_ You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5 The prospective lower tier participant agrees by submitting this proposal that should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered 2020-LubbockP-G-1 YG-0217 Printed On: 7/30/2019 Page 16 of 48 City of Lubbock - Parks & Recreation General -2020 transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 GFR Part 9 subpart 9.4, debarred, suspended, ineligible or voluntarily excluded from the covered transaction unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/). 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dea'ings. 9. Except for transactions authorized under paragraph 5 of these instructions. if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9. subpart 9 4, suspended. debarred ineligible or voluntarily excluded from participation in this transaction. in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment Certiticabon Regarding Debarment: Suspension, Ineligibility and Volunta!y Exclusion - Lower Tier Covered Transactions: 1 The prospective lower tier participant certifies, by submission of this proposal. that neither it nor its principals is presently debarred, suspended, proposed for debarment. declared ineligible or voluntarily excluded from participation ;n this transaction by any Federal department or agency 2 Where the prospective lower tier participant is unable to certify to any of the statements in this certification such prospective participant shall attach an explanation to this proposal ARTICLE 25. CERTIFICATION REGARDING FEDERAL LOBBYING (applies to subrecipients as well as States) Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that 1 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress. an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, 2020-LubbockP-G-1 YG-0217 Printed On: 7/30/2019 Page 17 of 48 City of Lubbock - Parks & Recreation General -2020 renewal, amendment, or moditication of any Federal contract. grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant loan, or cooperative agreement the undersigned shall complete and submit Standard Form -LLL "Disclosure Form to Report Lobbying." in accordance with its instructions 3. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans. and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U S. Code Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure ARTICLE 26. CHILD SUPPORT CERTIFICATION Under Section 231.006, Texas Family Code, the Subgrantee certifies that the individual or business entity named in this agreement is not ineligible to receive the specked grant, loan. or payment and acknowledges that this agreement may be terminated and payment may be withheld if this certification is inaccurate_ If the above certification is shown to be false the Subgrantee is liable to the state for attorney's fees and any other damages provided by law or the agreement. A child support obligor or business entity ineligible to receive payments because of a payment delinquency of more than thirty (30) days remains ineligible until. all arrearages have been paid. the obligor is in compliance with a written repayment agreement or court order as to any existing delinquency, or the court of continuing jurisdiction over the child support order has granted the obligor an exemption from Subsection (a) of Section 231 006, Texas Family Code as part of a court -supervised effort to improve earnings and child support payments ARTICLE 27. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT REQUIREMENTS A Any recipient of funds under this agreement agrees to comply with the Federal Funding Accountability and Transparency Act and implementing regulations at 2 CFR Part 170. including Appendix A. This agreement is subject to the following award terms- http.i�edocket.access.gpo.yoyi2010'pdfr2010-22705.pdf and http_,Iledocket.access.apo.govi2O,1,O'pdf,201,0-22700pdf . B_ The Subgrantee agrees that it shall: 1 Obtain and provide to the State a System for Award Management (SAM) number (48 CFR subpt 4 11) if this award provides for more than $25 000 in Federal funding The SAM number may be obtained by visiting the SAM web -site at httl2s://www_sam.gov 2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine -character number that allows the Federal government to track the distribution of federal money The DUNS number may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet (D&B) on-line registration website http.rIfedgov.dnb.com/%.,iebform-, .,-A 2020-LubbockP-G-1YG-0217 Printed On: 7130/2019 Page 18 of 48 City of Lubbock - Parks & Recreation General -2020 di IU 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 2 CFR Part 200. B. If threshold expenditures of $750,000 or more are met during the Subgrantee's fiscal year the Subgrantee must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Audit Office, 125 East 11th Street, Austin. TX 78701 or contact TxDOT's Audit Office at singleaudits00dot.gov C if expenditures are less than $750 000 during the Subgrantee's fiscal year, the Subgrantee must submit a statement to TxDOT's Audit Office as follows 'We did not meet the $750,000 expenditure threshold and therefore, are not required to have a single audit performed for FY " D. For each year the project remains open for federal funding expenditures, the Subgrantee will be responsible for filing a report or statement as described above_ The required annual filing shall extend throughout the life of the agreement, unless otherwise amended or the project has been formally closed out and no charges have been incurred within the current fiscal year. ARTICLE 29. BUY AMERICA ACT (applies to subrecipients as well as States) The State and each subrecipient will comply with the Buy America requirement (23 U_S_C_ 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient.. to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation ARTICLE 30. RESTRICTION ON STATE LOBBYING (applies to subrecipients as well as States) None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any speck legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g_, "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal ARTICLE 31. NONGOVERNMENTAL ENTITY'S PUBLIC INFORMATION (This article applies only to non-profit entities.) 2020-LubbockP-G-1YG-0217 Printed On: 7/30/2019 Page 19 of 48 City of Lubbock - Parks & Recreation General -2020 The Subgrantee is required to make any information created or exchanged with the Department pursuant to this Grant Agreement and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the Department (SB -1368. 83rd Texas Legislature. Regular Session, Effective 9111131 ARTICLE 32. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to subrecipients as well as States) The State and each subrecipient will not use 23 U S C Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists ARTICLE 33. INTERNAL ETHICS AND COMPLIANCE PROGRAM Subgrantee shall comply with Title 43 Texas Adm-nistrative Code §25 906(b) Subgrantee certifies it has adopted an internal ethics and compliance prog,am that satisfies the requirements of Title 43 Texas Administrative Code § 10 51 (relating to Internal Ethics and Compliance Program). Subgrantee shall enforce compliance with that program 2020-LubbockP-G-1YG-0217 Printed On: 7/30/2019 Page 20 of 48 City of Lubbock - Parks & Recreation General -2020 C011IPLLANCE REOUIREMENTS Data Universal Numbering System The Data Universal Numbering System (DUNIS) is a unique nine -digit number recognized as the universal standard for ident&*g and tracking businesses worldwide. The Federal Spending Transparency Directive and the previous Federal Funding Accountability and Transparency Act (FFATA) requires grantees and sub -grantees to have a DUI IS number_ Most agencies and organizations have DUNS numbers established, please check with your accounting staff To obtain a DUNS number, applicants should go to the Dun and Bradstreet website at http Tedgov. dnb.com webform Data Universal Numbering System (D -L -N -S) 058213893 2 C.F.R. Part 200 Compliance Enter the Begin Date and End Date of your Agency's Fiscal Year 2020 Begin Date: 101-2019 End Date: 9!30:x2020 Your entity is required to comply with federal (UvIB A-133) and or state (State of Texas Single Audit Circular) requirements If threshold expenditures of S750.000 or more are met during your agency's fiscal year, please submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Audit Office, 125 East Eleventh Street, Austin, Th 78701 or contact TxDOT's Audit Office at singleaudits"&txdot gov If expenditures are less than S`50,000 during your agency's fiscal year, please submit a statement to TxDOT's Audit Office as follows: "We did not meet the 5750.000 expenditure threshold and therefore we are not required to have a single audit performed for FY." X I agree 2020-LubbockP-G-1YG-0217 Printed On: 7/30/2019 Page 21 of 48 City of Lubbock - Parks & Recreation General -2020 �-10TORCi'CLE SAFETY Goal: X To reduce the number of motorcyclist fatalities. StrateU: Increase public information and education on motorists' responsibility pertainng to motorcycle safety. 2020-LubbockP-G-1YG-0217 Printed On: 7/30/2019 Page 22 of 48 City of Lubbock - Parks & Recreation General -2020 OCCUPANT PROTECTION Goal: To increase occupant restraint use, including child -safety seats, in all passenger vehicles and trucks. Strategy: Increase public information and education campaigns 2020-LubbockP-G-1YG-0217 Printed On: 7/30/2019 Page 23 of 48 City of Lubbock - Parks & Recreation General -2020 PEDESTRI.�Lti AND BICYCLIST SAFETY Goal: X To reduce the number of motor vehicle -related pedestrian and bicyclist fatalities and serious injuries. Strategy: Increase public information and education on motorists' responsibities pertaining to pedestrian and bicycbst safety. Increase public information and education efforts on pedestrian and bicyclist safety 2020-LubbockP-G-1YG-0217 Printed On: 7/30/2019 Page 24 of 48 City of Lubbock - Parks & Recreation General -2020 SPEED CONTROL Goal(s): X To reduce the number of speed -related fatal and serious injuries. Strategy: Pro -Me community training on speed -related issues Increase public information and education concerning speed -related issues_ 2020-LubbockP-G-1YG-0217 Printed On: 7/30/2019 Page 25 of 48 City of Lubbock - Parks & Recreation General -2020 DRIINTR EDUCATION AND BEHAVIOR Goa1(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_ X To reduce the number of crashes and injuries related to distracted driving. Strategy: Develop and implement public information and education efforts on traffic safety issues. 2020-LubbockP-G-1 YG-0217 Printed On: 7/30/2019 Page 26 of 48 City of Lubbock - Parks & Recreation General -2020 RAILROAD: HIGHN%AY CROSSMG Goal(s): X To reduce KA8 crashes at railroad/highway crossings. Strategy: Increase public education and information on rai7roadligh«ay crossing safety. 2020-LubbockP-G-1YG-0217 Printed On: 7/30/2019 Page 27 of 48 City of Lubbock - Parks & Recreation Genera! -2020 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 _ Pro-dde training on roadway safety issues To reduce large truck ("Semi- Trailer" or "Truck -Tractor") crashes, injuries and fatalities. Strategy: Increase public education and information on roadway safety ProNide training on roadway safety issues 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: 2020-LubbockP-G-1YG-0217 Printed On: 7/30/2019 Page 28 of 48 City of Lubbock - Parks & Recreation General -2020 PROBLEM IDENTIFICATION AND SOLUTION I.Problem Identification According to the Texas Motor Vehicle Traffic Crash Highlights, the fatality rate on Texas roadways in 2017 was 1.36 deaths per hundred mulh'on vehicle miles traveled This is a 1.22% decrease from 2016. Texas also experienced a decrease in the number of motor vehicle traffic fatalities. The 201" death toll of 3,721 was a decrease of 1.920.0 from the 3.794 deaths recorded in 2016 The population of Lubbock and surrounding counties are are contributors to the trends shown in state wide data In 2017 Lubbock County experienced 41 fatal crashes with 42 fatalities. These topics are data driven topics for points of education and enforcement among the populations served in the South Plains: pedestrian and cycling education, occupant safety, motorcycle safety including the use of helmets, school bus safety, addressing driver education and behavior, education on speed controL and railroad safety Among all indi%iduals regardless of age: pedestrian and cycling safety is important to all communities in aspects of health and traffic safety. Texas experienced a 100•a decrease in pedestrian fatalities in 2017 as well as a 160-o fatality decrease in cycling in 2017 from the previous year Texas saw a total of 501 motorcycle fatalities in 2017. According to TXDOT, of 501 fatalities, 261 of those were from motorcyclists not wearing a helmet Throughout the South Plains, 613 crashes were the result of speeding (MOT). Lubbock County alone experienced 32' of those crashes. hale County was the closest to Lubbock County with 45 crashes. Cochran County had the fewest with 3 There were no deathless days on Texas roadways H.Problem Solution Safety City is a miniature town with w orking traffic lights, cross walks, overpass, school zone, and a railroad crossing This 2 1,:21' acre site is a place in which school age youth and adults alike can learn real-world experience in a safe and controlled setting Safety City currently provides pedestrian, bicycle, railroad education; speeding education, occupant protection and proper restraint protocols, and general traffic safety to at risk populations including youth ages 6-24. Students get hands on training by being able to participate and experience the techniques needed to drive.`walk-ride in a city safely. The students that participate in our training's are taught the information and given an opportunity to apply the learned skills by driving a pedal car; riding a bike and walking across our streets. Research prodded by National Highway Traffic Safety Association s Child Pedestrian Safety Education: Applying Learning and Developmental Theories to Develop Safe Street -Crossing Behaviors. insists that behaviors are a motor skill. This means that the behavior of any one of the equation elements prodded above or any of the problems addressed in the previous section need to have a practical application portion. According to the report, the incorporation of motor skill acquisition should be enough to make the motor actions automatic; "Once motor skills are automatic, there is increased mental capacity for problem soling and decision making." To continue the efforts of Safety City's goal of modeling and providing education to the. South Plains, it is necessary to branch outside of the Lubbock County into the smaller more rural areas that are facing the same safety challenges with smaller resource s. Garza Hockley,and Lamb Counties have come to Safety City to have their Independent School District students taught traffiic,pedestrian and bicycle safety. Safety city staff continues to reach out to all our surrounding counties for safety training to their Independent School Districts. Scurry County which is outside the Lubbock area is also sending their Independent School district students to Safety City for safety training. Safety City's program is also invested in addressing the basic issues on which it was founded, education on safe pedestrian and cycling for youth through college age students. One of the initiatives of Safety City is to be a one stop safety shop for all of the South Plains to provide a place where community partners can come together. Safety City* hosts events like Health and Safety Fair and the Bicycle Rodeo to encourage the community to participate in our safety programs and show them what our miniature town is about. Safety City has already formed alliances with the Lubbock Fire Department partnering with their paramedics and fire prevention specialist to provide fire education as 2020-LubbockP-G-1YG-0217 Printed On: 7/30/2019 Page 29 of 48 City of Lubbock - Parks & Recreation General -2020 well as show students the equipment used when responding to emergencies and the types of things students may experience in traumatic situations such as a crash. Working «rith other agencies. such as Texas Department of Public Safety (DPS) and the Lubbock Police Department (LPD): «ill provide more experiences for our students and allow them to experience different situations and know behaviorally how to respond to help first respondents and themselves Lubbock Police Department and Texas Department of Public Safety are both active in our classes and help teach the students how a police officer may direct traffic or assist in an accident. Many organizations are targeting the same populations for similar reasons such as Lubbock Police Department working with second graders to provide cyber predator education or anti - bullying campaigns. Together we can reach the same population at the same time and save energy and resources for the school and for each working organization HI.Project Evaluation In order to measure the success of practical training aspects of traffic safety, classroom evaluations will be distributed to teachers and volunteers who accompany classes and groups to Safety City. Program'instructor evaluations ivill help to gauge content. materials. staff relevance and overall experiences The evaluations «ill also incorporate student experience ratings_ 2020-LubbockP-G-1 YG-0217 Printed On: 7/30/2019 Page 30 of 48 City of Lubbock - Parks & Recreation General -2020 OBJECTIVES, PI&E, PERFORMANCE MEASURES AND ACTIVITIES Objective statement: To Develop 1 alliance with an outside organization for a safer community by 9130?2020 Activity Activity Responsible Completion Date 1 Develop one alliance by the end of the second quarter Subgrantee 313012020 of the fiscal year to help educate students in different areas of Traffic Safety - 2 Develop partnerships with multiple organizations to Subgrantee 4130;2020 promote safety objectives with events such as the Bike Rodeo. 3. Develop partnerships with multiple organizations to Subgrantee 5131/2020 promote safety objectives with events such as the Health and Safety Fair 4 10 2020-LubbockP-G-1YG-0217 Printed On: 7/30/2019 Page 31 of 48 City of Lubbock - Parks & Recreation Genera! -2020 OBJECTIVES, PI&E, PERFORMANCE MEASURES AND ACTIVITES Objective statement: To Educate 10000 elementary students in safe pedestrian behavior while participating at Safety City by 9 302020 Activity Activity Responsible Completion Date 1 Host Annual Trick or Treat Street to educate public on Subgrantee 10.!3112019 pedestrian and other safe measures during Halloween 2. Host Walk. Roll_ or Run to educate public on pedestrian Subgrantee 11130,12019 and other safe measures during Thanksgiving. 3 Develop partnerships with LISD. surrounding county Subgrantee 33112020 ISD's: private and parochial schools to provide pedestrian safety_ 4. Distribute educational literature to elementary age Subgrantee 913012020 students or adults on the importance of pedestrian safety practices through outreach or classes - 5 10. 2020-LubbockP-G-1YG-0217 Printed On: 7/30/2019 Page 32 of 48 City of Lubbock - Parks & Recreation General -2020 OBJECTIVES, Pt&E, PERFORMANCE MEASURES AND ACTIVITES Objective statement: To Educate 10000 participants on motor vehicle safety by 9'302020 ;4 15 i g 7 8 9 10. 2020-LubbockP-G-1 YG-0217 Printed On: 7/30/2019 Page 33 of 48 Activity Activity Responsible Completion Date 1 Incorporate railroad safety into all aspects of traffic Subgrantee 10;31.2019 safety education providing detailed hands on training to elementary students. 2. Provide motor vehicle training to every class or group Subgrantee 513012020 participating at Safety City including second grade and above - 3 Promote proper occupant restraints by providing Subgrantee 9130)2020 material on car seat installation and a car seat checkup event with TXDOT and other safety advocates. ;4 15 i g 7 8 9 10. 2020-LubbockP-G-1 YG-0217 Printed On: 7/30/2019 Page 33 of 48 City of Lubbock - Parks & Recreation General -2020 OBJECTIVES, PI&E, PERFORMANCE MEASURES AND ACTIVITES Objective statement: To Educate 10000 persons on proper bicycle safety and riding techniques by 9:302020 Activity Activity Responsible Completion Date 1 Develop partnerships with LISD, surrounding county Subgrantee 12:-3112019 ISD's, private and parochial schools to provide bicycle safety and safe riding techniques. 2 Host a bicycle rodeo to provide a family event which Subgrantee 413012020 focuses on skils and agility for participants ages 3-12. 3 Recruit early childcare centers to engage early motor Subgrantee 613012020 skills in safe cycling and the importance of wearing a helmet. 4 Provide opportunities for children with disabilities to Subgrantee 613012020 participate in bicycle safety training 5 Provide local Boy and Girl Scout troop cusses in order Subgrantee 913012020 for them to earn safety badges by learning bicycle safety and maintenance 6. 7 8- 9. 10_ 2020-LubbockP-G-1 YG-0217 Printed On: 7/30/2019 Page 34 of 48 City of Lubbock - Parks & Recreation General -2020 OBJEC7IVE_Ss_PI_&E, PERFORMANCE MEASURES AND ACTIVITIES Objective statement: To Complete 3 professional training seminars or conferences by 9.30:2020 2 3 4- 5. 6- 7- 8- 9- 10. _7_8_9_10. Activity To broaden their knowledge all Safety City staff. will view and document 1 online traffic safety webinar to train Safety City classes effectively. To broaden their knowledge all Safety City staff will view and document 1 ontine traffic safety webinar to train Safety City classes effectively. To broaden their knowledge one Safety City employee is to attend a traffic safety conference during the year Activity Responsible Completion Date Subgrantee 1231,2019 Subgrantee 3,312020 Subgrantee 9130f2020 2020-LubbockP-G-1YG-0217 Printed On: 7/30/2019 Page 35 of 48 City of Lubbock - Parks & Recreation General -2020 SA L.A=S Al`D FRINGE BENEFITS -100 & 200 Position Title Position Description: ('his field was added November 15th ?018 for Fiscal Year 2020 onward) Salary Type Unit Price Quantity Total Fringe Rate Fringe Total Breakdo«,n of Fringe Percentage : Safety City Assistant (Position 1) • Part Time employee who instructs classes and assists in day to day Safety City operations. Hourly S7,965 is °`o of the Indhiduals Total Salary (applicable to monthly/yearly) 1100 58,761.50 .°b SO Category- (100) Salaries Amount (200) Fringe Benefits Amount TxDOT: S8.761.50 100.00% so 0.00% Match: _ s0 0.00° o so 0.00% Program Income: So_ 0.001,110 so % Total:0.00 S8_?61.50 �w s0 2020-LubbockP-G-1YG-0217 Printed On: 7/30/2019 Page 36 of 48 City of Lubbock - Parks & Recreation General -2020 S_4LAIZ ES AND FRWGE BENEFITS -100 & 200 Position Title : Safety City Assistant (Position 2) Position Description (This field was added November 15th 2018 for 'Part Time employee who instructs classes and assists in Fiscal Year 2020 onward) day to day Safety City operations. Salary Type : Hourly Unit Price Quantity Total Fringe Rate Fringe Total Breakdown of Fringe Percentage : S' 965 is 0 of the In6iduals Total Salary (applicable to monthly yearly) :1100 S8,761.50 °o SO Category (100) Salaries Amount (200) Fringe Benefits Amount TxDOT: _ S8,761.50 100,00% SO 0.00% Match: SO 0.00% SO 0.00% Program Income: SO 0,000,10 SO % Total. -O,00 SS,761.50 I ISO 2020-LubbockP-G-1YG-0217 Printed On: 7/30/2019 Page 37 of 48 City of Lubbock - Parks & Recreation General -2020 SALARIES AND FRIDGE BENEFITS -100 & 200 Position'Title : Safety City Supenisor Position Description: November . Schedules all ev=ents and coordinates classes and groups to -*isit Safety (Tins field for addedear2020C to be educated in traffic safety. Instructs classes in-,-&ious forms of 15th 2018 for Fiscal Year 2020 '� �' on«=ard) safety education. Supenises assistants on a daily basis Salary Type : Hourly S18257 is ° o of the In&iduals Total Salary (applicable to Unit Price monthly yearly) Quantity : 624 Total : 511,392.37 Fringe Rate : o 0 Fringe Total : SO Breakdown of Fringe Percentage Category (100) Salaries Amount (200) Fringe Benefits Amount TxDOT: s0 0-00-o so 0.00% Match: S11,392-37 100.000o SO 0.0001-0 Program Income: ISO O.00oro SO % Total:0.00 511.392.3? �SO 2020-LubbockP-G-1 YG-0217 Printed On: 7/30/2019 Page 38 of 48 City of Lubbock - Parks & Recreation General -2020 TR43'EL A.ti'D PER DIEM .300 Description : Air Fare Please explain : To and from Lifesat,ers Conference in Tampa_ FL Emit Price -S600000 Quantity - 1 Total Cost - S600.00 Purpose./Details - Round trip airfare to attend 21020 Lifesavers conference in Tampa, Florida Amount Percentages TxDOT 5600.00 lW00% Match SO 0.00% _ Program Income SO °'o Total0.00 5600.00 2020-LubbockP-G-1YG-0217 Printed On: 7/30/2019 Page 39 of 48 City of Lubbock - Parks & Recreation General -2020 TR.ANTL AND PER DiE1i - 300 Description : Hotel Expenses Please explain : Hotel accommodations for attending conference Unit Price : 5205.000 Quantity .4 Total Cost -.S820.00 PurposelDetails : Hotel reservation wUe attending the 2020 Lifesavers conference in Tampa Florida. Amount Percentages TxDOT I S820.00 1100.00% Match ISO 0-00% Program Income ISO °o Total0.00 5820,00 2020-LubbockP-G-1 YG-0217 Printed On: 7/30/2019 Page 40 of 48 City of Lubbock - Parks & Recreation General -2020 TRANTL A\ -D PER DIEM - 300 Description : Meals Please explain Meals for attending conference Unit Price --S61.000 Quantity .4 Total Cost --S244.00 Purpose0etails - Meals while attending the 20-10 Lifesavers conference in Tampa, Florida amount Percentages TxDOT I5244.40 I 100.00°/0 ISO 0.00% a Income ISO 40 00 5244.00 2020-LubbockP-G-1 YG-0217 Printed On: 7/30/2019 Page 41 of 48 City of Lubbock - Parks & Recreation General -2020 TRAVEL AND PER MINI - 300 Description : Vehicle Rental Please explain : Transportation while attending conference Unit Price -S190-000 Quantity :1 Total Cost : 5190.00 Purpose.+'Details : Rental vehicle while attending 2020 Lifesavers conference in Tampa, Florida Program Income Totalb.00 Amount percentages 5190.00 1100.00% s0 X0.00% s0 % 5190.00 2020-LubbockP-G-1YG-0217 Printed On: 7/30/2019 Page 42 of 48 City of Lubbock - Parks & Recreation General -2020 E UIPIN ENT 400 Description : Bicycle Helmets Unit Price : S20.00 Quantity :25 Total Cost -.S500.00 : Bicycle helmets to replace old and broken helmets for elementary students to wear during Safety Training class. We need to have sufficient stock to accommodate all Purpose,Details students attending class v ith a variety of sizes.We must fit every student properly before letting them ride during a training session. iffor any reason a helmet should become damaged we must take it out of rotation Bicycle Safety is one of the 3 major courses taught at Safety City and helmets are instrumental in this training Amount Percentages TxDOT S500A0 100.00% Match SO 0.00% Program Income ASO % Tota10 00 S500.00 2020-LubbockP-G-1 YG-0217 Printed On: 7/30/2019 Page 43 of 48 City of Lubbock - Parks & Recreation Genera! -2020 EQUIPi1IENT - 400 Description : Bicycles unit Price : 5100 00 Quantity :10 Total Cost : 51,000.00 Bicycles to replace old and broken bicycles for elementary students to ride during Safety Training class. We need to have sufficient stock to accommodate all students attending Purpose.0etails class with a variety of sizes We must fit every student properly before letting them ride during a training session. if for any reason a bicycle should become damaged beyond repair we must take it out of rotation Bicycle Safety is one of the 3 major courses taught at Safety City and are instrumental in this training. Amount Percentages TxDOT 51,000.00100.00°0 Match SO 0.00% Program Income SO % TotalO 00 51:000,001 2020-LubbockP-G-1 YG-0217 Printed On: 7/30/2019 Page 44 of 48 City of Lubbock - Parks & Recreation General -2020 OTHER MISCELLANEOUS - 700 Name : PI&E Educational Items Description Educational Brochures Unit Price : SO. 50 Quantity :10000 Total Cost : S5,000.00 Purpose'Details ' Educational brochures to inform the public on a variety of safety topics. Brochures w2l be distributed to all participants attending Safevy City. TxDOT Match Program Income Tota10 00 Aumount Percentages 55,000.00 100.0000 S5.00000 0-0080 0.0 2020-LubbockP-G-1YG-0217 Printed On: 7/30/2019 Page 45 of 48 City of Lubbock - Parks & Recreation General -2020 OTHER MISCELLkNEOUS - 700 Name :Other Description : Program Income Unit Price : S2.00 Quantity :2800 Total Cost : S55,600.00 : Program income derived from estimated S2 00 per participant fee for independent Purpose Detais school districts, private and parochial schools; groups, and private citizens who come to Safety City for bicycle, pedestrian and car safety training. TxDOT Match Program Income Tota! 100.00 Amount Percentages 0.00% 10.00% S5,600.00°o 55,600.00 2020-LubbockP-G-1YG-0217 Printed On: 7/30/2019 Page 46 of 48 City of Lubbock - Parks & Recreation General -2020 OTHER IIISCELI—AJS-EOUS - 700 Name :Other Description Registration for Lifesavers conference Unit Price --S40000 Quantity :I Total Cost : S400.00 PurposelDetails : Registration for Safety City Supenisor to attend Lifesavers conference in Tampa; Florida Amount Percentages TxDOT s40o.o0 1 Ioo_oo% Match � 0.00% Program Income % Totai0.00 5400.00 2020-LubbockP-G-1YG-0217 Printed On: 7/30/2019 Page 47 of 48 City of Lubbock - Parks & Recreation General -2020 BUDGET SUNIN iR1 BudgetCatepory 11 TxDOT Match Program Income Total Category I . Labor Costs 5900} HIBenefits: Salaries: Fringe $17,523.00 $0$0 $11,392.37 $0 $0IF $28 915 37 ::$lo Sub-Total: $175230011 $11,392.37 —$Oil $28,915.37 Category II - Other Direct Costs (300} Travel: $1,854.00 $0 $0 $1 854 00 {400} Equi menta I $1.500,00 I $0 1 $1 500 00 8500} Supplies: J1 $0 $0 1 $0 $0 } F H10ther,laneou$5,.$5.600.00F Contractual Services: 11 $0 $0 $0 11 $0 $11,000.00Misces: Sub -Total: 1 $8.754.0011 $6,600.00]1 $14,354.00 Total Direct Costs: 11 $26,277 00 1 $11,392.37 $6,600.001 $43,269.37 Category III - Indirect Costs Indirect Cost 7slol$0 iol Hlate: Iso Summary Total Labor $17,523.00F $11,392 37 $0 $28 915 37 FiCosts: 1 Flotal Direct $8.754.00 $4IF $5 600 00 $14 354 00 osts: __F Total Indirect $0 $0 $0 $0 FlCosts: Grand Total: $26277.00 $11,39237 $5 600 00 $43 269 3l 11 Fund Sources: (Percent Share) 60.73% 26.33% 1294% Salary and cost rates gill be based on the rates submitted by the Subgrantee in its grant application in eGrants 2020-LubbockP-G-1YG-0217 Printed On: 7/30/2019 Page 48 of 48