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HomeMy WebLinkAboutResolution - 2015-R0257 - Grant Agreement - TXDOT - Teaching Kids To Be Street Smart Project - 08/27/2015No. 2015-RO257 No. 6.1.2 27, 2015 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 from the State of Texas, acting by and through the Texas Department of Transportation for the "Teaching Kids to Be Street Smart" project for the bicycle, car, pedestrian, and other safety-related programs at Safety City, a copy of said Agreement is attached hereto and shall be incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 27th day of GLEN .'ROBPKTSON, MAYOR ATTEST: �), gee � - C �Ac Rebe •ca Garza, City Secretat Bridget Faulkenberry, Parks and RTreation Director APPROVED TO FORM: La Pratt, Assistant City Attorney RES.TxDOT Safety City Grant 7.27.15 7.27.15 2015. Resolution No. 2015-RO257 Texas Traffic Safety eGrants Fiscal Year 2016 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: 2016-LubbockP-G-1 YG-0015 Period: 10/01/2015 to 09/30/2016 City of Lubbock - Parks & Recreation General -2016 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 2016. Name of the Federal Agency: National Highway Traffic Safety Administration CFDA Number: 20.600 CFDA Title: State and Community Highway Safety Grant Program Funding Source: Section 402 DUNS: 058213893 Project Title: Safety City: "Teaching Kids to be Street Smart" Description: The primary goal of Safety City is to develop and provide comprehensive traffic education programs to the South Plains with the initiate to create a safe environment on and around public roadways. This project is Not Research and Development Grant Period: This Grant becomes effective on 10/01/2015 or on the date of final signature of both parties, whichever is later, and ends on 09/30/2016 unless terminated or otherwise modified. Total Awarded: $103,099.15 Amount Eligible for Reimbursement by the Department: $34,810.59 Match Amount provided by the Subgrantee: $68,288.56 2016-LubbockP-G-1YG-0015 Printed On: 7/10/2015 Page 1 of 38 City of Lubbock - Parks & Recreation General -2016 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] By: [Authorized Sign re] 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 -51 [District Engineer Texas Department of Transportation] GLEN C. ROBERTSON' [Name] [Name] tiGwffl•.7 [Title] Date: August 27, 2015 Date: Under the authority of Ordinance or By: Resolution Number (for local government): Director, Traffic OperationsDivision Texas (If Applicable) Department of Transportation (Not Fequired for local project grants under S100,000.00) 2015-RO257 [Resolution Number] Date: A EST: 13 0-0 Reb cca Garza. Cita Secre APPROVED AS TO FORM: 0. Q— Lauur Pratt.yAsst. City Attorney Director 2016-LubbockP-G-1YG-0015 Printed On: 7/10/2015 Page 2 of 38 City of Lubbock - Parks & Recreation General -2016 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 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. 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. 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. 2016-LubbockP-G-1YG-0015 Printed On: 7/10/2015 Page 3 of 38 City of Lubbock - Parks & Recreation General -2016 H. It will comply with all requirements imposed by the Department concerning special requirements of law, program requirements, and other administrative requirements. I. It recognizes that many federal and state laws imposing environmental and resource conservation requirements may apply to this Grant Agreement. Some, but not all, of the major federal laws that may affect the project include: the National Environmental Policy Act of 1969, as amended, 42 USC §§4321 et seq.; the Clean Air Act, as amended, 42 USC §§7401 et seq. and sections of 29 USC; the Federal Water Pollution Control Act, as amended, 33 USC §§1251 et seq.; the Resource Conservation and Recovery Act, as amended, 42 USC §§6901 et seq.; and the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42 USC §§9601 et seq. The Subgrantee also recognizes that the U.S. Environmental Protection Agency, USDOT, and other federal agencies have issued, and in the future are expected to issue, 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. 2016-LubbockP-G-1YG-0015 Printed On: 7/10/2015 Page 4 of 38 City of Lubbock - Parks & Recreation General -2016 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 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 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. 1. 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 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 the cost principles outlined in 2 CFR Part 200. 2016-LubbockP-G-1YG-0015 Printed On: 7/10/2015 Page 5 of 38 City of Lubbock - Parks & Recreation General -2016 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-five (45) days of the end of the grant period. H. Payments are contingent upon the availability of appropriated funds. I. Project agreements supported with federal or TxDOT funds are limited to the length of this Grant Period specified in this Grant Agreement. If the Department determines that the project has demonstrated merit or has potential long-range benefits, the Subgrantee may apply for funding assistance beyond the initial agreement period. Preference for funding will be given to 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. 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. B. If the Subgrantee has submitted work in accordance with the terms of this agreement but the 2016-LubbockP-G-1YG-0015 Printed On: 7/10/2015 Page 6 of 38 City of Lubbock - Parks & Recreation General -2016 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. Reporting periods vary by project duration and are defined as follows: 1. For short term projects, the reporting period is the duration of the project. Subgrantee shall submit a performance report within 30 days of project completion. 2. For longer projects, the reporting period is monthly. Subgrantee shall submit a performance report within 30 days of the completion of each project month 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 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. 2016-LubbockP-G-1YG-0015 Printed On: 7/10/2015 Page 7 of 38 City of Lubbock - Parks & Recreation General -2016 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. 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 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. 2016-LubbockP-G-1YG-0015 Printed On: 7/10/2015 Pape 8 of 38 City of Lubbock - Parks & Recreation General -2016 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. 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. 2016-LubbockP-G-1YG-0015 Printed On: 7/10/2015 Page 9 of 38 City of Lubbock - Parks & Recreation General -2016 Acceptance of funds directly under this agreement or indirectly through a subcontract under this agreement acts as acceptance of the authority of the State Auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. ARTICLE 14. SUBCONTRACTS A subcontract in excess of $25,000 may not be executed by the Subgrantee without prior written concurrence by the Department. Subcontracts in excess of $25,000 shall contain all applicable terms and conditions of this agreement. No subcontract will relieve the Subgrantee of its responsibility under this agreement. ARTICLE 16. 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. 2016-LubbockP-G-1YG-0015 Printed On: 7/10/2015 Page 10 of 38 City of Lubbock - Parks & Recreation General -2016 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 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. 2016-LubbockP-G-1YG-0015 Printed On: 7/10/2015 Page 11 of 38 City of Lubbock - Parks & Recreation General -2016 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 United States Department of Transportation (USDOT): 49 CFR, Part 21; 23 CFR, Part 200; and 41 CFR, Parts 60-74, as they may be amended periodically (called the "Regulations"). The Subgrantee agrees to comply with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 and as supplemented by the U.S. Department of Labor regulations (41 CFR, Part 60). B. Nondiscrimination: The Subgrantee, with regard to the work performed during the period of this agreement, shall not discriminate on the grounds of race, color, sex, national origin, age, religion, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. C. Solicitations for subcontracts, including procurement of materials and equipment: In all solicitations either by competitive bidding or negotiation made by the Subgrantee for work to be performed under a subcontract, including procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified 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 madeto 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 2016-LubbockP-G-1 YG-001 5 Printed On: 7/10/2015 Page 12 of 38 City of Lubbock - Parks & Recreation General -2016 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 http'/Awm.txdot.gov/bLisiness/partnerships/dbe.html E. The Subgrantee shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Subgrantee shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-discrimination in award and administration of USDOT-assisted contracts. The 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: 2016-LubbockP-G-1YG-0015 Printed On: 7/10/2015 Page 13 of 38 City of Lubbock - Parks & Recreation General -2016 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. 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 2016-LubbockP-G-1 YG-001 5 Printed On: 7/10/2015 Page 14 of 38 City of Lubbock - Parks & Recreation General -2016 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 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://edocket.access.gpo.gov/2010/pdf/2010-22705.pdf and 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: https://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:/ffedgov.dnb.com/webform; and 2016-LubbockP-G-1YG-0015 Printed On: 7/10/2015 Page 15 of 38 City of Lubbock - Parks & Recreation General -2016 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 TxDOTs Audit Office, 125 East 11th Street, Austin, TX 78701 or contact TxDOT's Audit Office at s6ngleaudits txdoL= 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 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 2016-LubbockP-G- 1 YG-001 5 Printed On: 7/10/2015 Page 16 of 38 City of Lubbock - Parks & Recreation General -2016 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.) 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 9/1/131 2016-LubbockP-G-lYG-0015 Printed On: 7/10/2015 Page 17 of 38 City of Lubbock - Parks & Recreation General -2016 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. 2016-LubbockP-G-1YG-0015 Printed On: 7/10/2015 Page 18 of 38 City of Lubbock - Parks & Recreation General -2016 RESPONSIBILITIES OF THE DEPARTMENT A. Monitor the Subgrantee's compliance with the performance obligations and fiscal requirements of this Grant Agreement using appropriate and necessary monitoring and inspections, including but not limited to: 1. review of periodic reports 2. physical inspection of project records and supporting documentation 3. telephone conversations 4. e-mails and letters 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 2016-LubbockP-G-1 YG-001 5 Printed On: 7/10/2015 Page 19 of 38 City of Lubbock - Parks & Recreation General -2016 rfi<I n o PLANNING AND ADMINISTRATION To provide effective and efficient management of the Texas Traffic Safety Program. Strategy: Ensure availability of program and project management training. Review and update program procedures as needed. Conduct periodic project monitoring and evaluation of traffic safety activities. Perform accurate accounting and efficient reimbursement processing. Maintain coordination of traffic safety efforts and provide technical assistance. 2016-LubbockP-G-1YG-0015 Printed On: 7/10/2015 Page 20 of 38 City of Lubbock - Parks & Recreation General -2016 ALCOHOL AND OTHER DRUG COUNTER MEASURES Goal(s): X To reduce the number of alcohol impaired and driving under the influence of alcohol and other drug-related crashes, fatalities and injuries. Strategy: Educate the public and stakeholders on the use of interlock devices and other alcohol monitoring technologies for DWI offenders. To reduce the number of DUI -related crashes Ni here the driver is under age 21. Strategy: Improve education programs on alcohol and driving for youth. Increase public education and information, concentrating on youth age 5-13 and 14-20, including parent education on drinking and driving. 2016-LubbockP-G-1YG-0015 Printed On: 7/10/2015 Page 21 of 38 City of Lubbock - Parks & Recreation General -2016 MOTORCYCLE SAFETY Select a goal: X To reduce the number of motorcyclist fatalities Select a strategy: Improve public information and education on motorcycle safety, including the value of wearing a helmet. Improve public information and education on the value of not operating a motorcycle while under the influence of alcohol and/or other drugs. Increase public information and education on motorists' responsibility pertaining to motorcycle safety. Improve education and awareness of motorcycle safety among law enforcement and EMS personnel, educators and state & local traffic engineers. 2016-LubbockP-G-1YG-0015 Printed On: 7/10/2015 Page 22 of 38 City of Lubbock - Parks & Recreation General -2016 OCCUPANT PROTECTION Select a goal: X To increase occupant restraint use in all passenger vehicles and trucks. Select a strategy: Increase public information and education campaigns. Increase intervention efforts by healthcare professionals, teachers, and all safety advocates. Concentrate efforts on historically low use populations. Increase occupant protection education, training, and awareness of safety belt issues for law enforcement, judges and prosecutors. 2016-LubbockP-G-1YG-0015 Printed On: 7/10/2015 Page 23 of 38 City of Lubbock - Parks & Recreation General -2016 PEDESTRIAN AND BICYCLIST SAFETY Select a goal: X To reduce the number of motor vehicle -related pedestrian and bicyclist fatalities. Select a strategy: Increase public information and education on motorists' responsibilities pertaining to pedestrian and bicyclist safety. Increase public information and education efforts on pedestrian and bicyclist safety. Improve "walkability" and "bikeability" of roads and streets. Improve identification of problem areas for pedestrians 2016-LubbockP-G-1YG-0015 Printed On: 7/10/2015 Page 24 of 38 City of Lubbock - Parks & Recreation General -2016 SPEED CONTROL Select a goal: X To reduce the number of speed -related fatal and serious injury crashes. Select a strategy: Provide community training on speed -related issues. Increase public information and education concerning speed -related issues. 2016-LubbockP-G-1YG-0015 Printed On: 7/10/2015 Page 25 of 38 City of Lubbock - Parks & Recreation General -2016 DRIVER EDUCATION AND BEHAVIOR Select a goal: X To increase public knowledge, perception and understanding of driver education and traffic safety for all road users. Select a strategy: Develop and implement public information and education efforts on traffic safety issues. Conduct and assist local, state and national traffic safety campaigns. Implement and evaluate countermeasures to reduce the incidence of distracted driving. Conduct public information and education campaigns related to distracted driving. Select a goal: X To reduce the number of crashes and injuries related to distracted driving. Select a strategy: Develop and implement public infonnation and education efforts on traffic safety issues. Conduct and assist local, state and national traffic safety campaigns. Implement and evaluate countermeasures to reduce the incidence of distracted driving. Conduct public information and education campaigns related to distracted driving. 2016-LubbockP-G-1YG-0015 Printed On: 7/10/2015 Page 26 of 38 City of Lubbock - Parks & Recreation General -2016 RAILROAD / HIGHWAY CROSSING Select a goal: XTo reduce KAB crashes at railroad/highway crossings. Select a strategy: Increase public education and information on railroad/highwey crossing safety. 2016-LubbockP-G- 1 YG-001 5 Printed On: 7/10/2015 Page 27 of 38 City of Lubbock - Parks & Recreation General -2016 ROADWAY SAFETY Select a goal: X To reduce the number of traffic crashes, injuries, and fatalities in work zones. Select a strateev: Increase public education and infonnation on roadway safety. Provide training on roadway safety issues. X 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. Select a strateev: Provide training on roadway safety issues. 2016-LubbockP-G-1 YG-001 5 Printed On: 7/10/2015 Page 28 of 38 City of Lubbock - Parks & Recreation General -2016 SAFE COMMUNITIES Select a goal: X To establish integrated community traffic safety programs to prevent traffic -related fatalities and injuries. Select a strategy: Support the establishment and growth Safe Communities Coalitions. 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. 2016-Lubbock P-G-1YG-0015 Printed Om 7/10/2015 Page 29 of 38 City of Lubbock - Parks & Recreation General -2016 SCHOOL BUS Select a goal: XTo reduce School bus -related crashes, injuries and fatalities. Select a strategy: Provide public information and education campaigns to promote safe motor vehicle operations around school buses. 2016-LubbockP-G-1YG-0015 Printed On: 7/10/2015 Page 30 of 38 City of Lubbock - Parks & Recreation General -2016 PROBLEM IDENTIFICATION AND SOLUTION [.Problem Identification Lubbock specifically, has a history of being an unsafe place to drive. Discussing all the issues that are faced on the roadways in the south plains there is a dire need for awareness, education, and training among our youth and their families.These issues include pedestrian/cycling education and awareness, motorcycle safety, occupant safety, distracted driving, impaired driving, school bus safety, railroad safety, and general traffic safety.The NHTSA 2014 published report for pedestrian and cyclist fatalities have been consistent for the past several years. There were four pedestrian fatalities in 2013 and zero cyclist fatalities within Lubbock and the surrounding counties. The rate non fatal injuries with these two groups is even more astronomical. Texas reports over 40 serious injuries in rural contacts with vehicles failing to yield to pedestrians or bicyclist. In more urban areas, such as Lubbock, where there are more pedestrians, rates of serious injury and fatalities totaled 589. Non fatal crashes in Lubbock County and surrounding counties summed up to over 400 according to the NHTSA 2013 non fatal crash data. Motor vehicle crashes remains the leading cause of death for children ages 4, and then every age 1 I through 14 (Texas Childhood Fatality Annual Report, 2013). According to the NHTSA, total fatality rates for motor vehicle crashes in Texas for 2013 decreased by .8%. While this is a trend in the right direction the change is not statistically significant and more work is needed to continue to save every life on our roadways. Texas' rate of 12.79 per 100,000 people is still significantly higher than the US average at 10.35 fatalities per 100,000 people. Specifically, Lubbock, Texas has reported a total fatality rate per 100,000 people for 2013 of 11.6. This is a reported 2% increase from last years total fatalities in Lubbock County. With the additional fatalities of the surrounding counties, a total number of deaths in 2013 in the South Plains was a resounding 48. Lubbock continues to rank as one of the top most dangerous cities to drive. The Texas Motor Vehicle Crash Statistics state that 29% of those fatalities were with unrestrained passengers or drivers. Speeding is now the second leading cause of fatalities where alcohol -impaired driving has overtaken speeding related crashes covering 40% of all fatalities. Speeding related fatalities increased by 3.5% in Lubbock county in 2013. Fatalities and high rates of traffic accidents can also be contributed to the use of a wireless device or other distmction.This information reported by the Texas State Child Fatality Review Annual Report 2013, states distracted driving accounted for 6% of all motor vehicle fatalities. According to the report, 77% of the fatalities reviewed could have been prevented. There were a total of 3,283 motor vehicle crashes in which mobile phone use was a contributing factor. In Texas distracted driving due to a wireless device contributed to 35 fatalities and over 640 injuries. The top age group represented in the total number of traffic crashes caused by distracted driving is the 16-24 year old age group with 28,443 crashes out of the 94,943 total for 2013. This is a 4% increase from last years distracted driving statistics. Distracted driving resulted in more than 459 Texas deaths and over 18,500 serious injuries (TXDOT, 2014). Lubbock police and City Council members convened late in 2013 to try to increase public awareness about the dangers of distracted driving (Lubbock Avalanche-Joumal, 2013). Along with distracted driving, driving while under the influence is also a key factor in motor vehicle crashes. In 2013, national rates of alcohol related fatalities decreased by 2.5 percent.Texas alcohol related fatalities increased by 2%. Alcohol impaired driving has taken over the lead in causality for fatalities in the state representing 49% of the total deaths. Lubbock in particular saw more than 5.88 deaths per 100,000 people in 2013.This is an increase of 5 total deaths than last year. Texas is also dealing with an rise in preventable deaths among motorcyclists. Half of all motorcycle fatalities in Texas are due to lack of helmet. In Lubbock, motorcycle fatalities increased in 2013 from the previous year and accounted for 18% of all fatalities seen in the county in 2013. General traffic safety, school bus safety, and railroad safety are other issues Lubbock county and the citizens of Lubbock faced with. NHTSA reported even though there seems to be a decrease in the number of fatalities on American roadways in 2013 the number of incidental crashes has increased. The general knowledge of 2016-LubbockP-G-1YG-0015 Printed On: 7/10/2015 Page 31 of 38 City of Lubbock - Parks & Recreation General -2016 proper traffic flow, watching for trains, being cautious of school buses especially during peak hours are factors that contribute to those crashes. II.Problem Solution Safety City is a miniature town with working traffic lights, cross walks, overpasses, school zone, and railroad crossing. This 21/2 acre site is a place in which school aged youth and adults alike can learn real world experience in a safe and controlled setting. Safety City is operated and funded by the City of Lubbock Parks and Recreation Department. Safety City currently provides pedestrian, bicycle, distracted and impaired driving education, railroad education, speed education, occupant protection, and general traffic safety to the youth in Lubbock County. Students get real time hands on training to experience the techniques needed to drive/walk/ride a bicycle in a city. They also realize the dangers of participating in risky behavior such as driving distracted or under the influence. Research provided by NHTSA'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 provided above and problems addressed in the previous section needs to have a practical application portion of the children to learn and practice by doing. These sessions cannot be a 30 minute walk through the course or 15 minute bicycle lesson; these behaviors need to be built into a person's routine or have a great enough impact to be remembered. According to the report, the incorporation of motor skill acquisition should be enough to make the motor actions automatic. "Once motor skills are automatic, there is increased mental capacity for problem solving and decision making." Continuing to have the students practice skills enough to be able to make educated and cognitive decisions is important to their safety in real world situations. To continue the efforts of Safety City's goal of modeling and providing education to the South Plains of techniques to make everyone street smart, it is necessary to branch outside of the Lubbock County into the smaller more [ural areas that are facing safety challenges. It is also the goal to reach a more adult population in the winter months when classes for the youth have slowed down. Adults involved in pedestrian and bicycle crashes are becoming more prevalent in the Lubbock County area. These education seminars would be held where ever adults congregate including senior centers, food distribution centers, and meeting with local groups and agencies. Material and safety equipment will be distributed including reflective wear and information booklets on the dangers and precautions of walking in high traffic areas. With the aid of DPS, Texas BNSF, and other agencies, Safety City will be a one stop safety education and recreation center to increase traffic safety. Having full time staff participate in continuing education including program management courses and attending conferences with other enforcement and education entities will allow proper and quality education programs to be provided to the community. By providing information and hands on training, the entire South Plains community can practice being aware of their environment while participating in safe travel in whatever mode of transportation they desire. Teaching motorcycle safety includes incorporating sharing the road, awareness of these vehicles and drivers, and being conscious of the need to wear a helmet while riding a motorcycle. These factors are monumental in reducing the number of accidents and ultimately fatalities due to motorcycle crashes and are all part of the training provided by Safety City. Not only is instruction on road safety being incorporated but general safety including any conditions in which the public may come into contact with on the roads including electrical lines and natural gas lines. Railroad education is especially important with the numerous lines in and out of the South Plains as a major mode of transportation for agriculture. With the number of schools in the area it is important for not only children to learn the proper techniques for loading and unloading but other drivers to know how far to stop from a loading and unloading bus. These general traffic safety guidelines are all a part of the overall educational experience at Safety City. Conditions are not always perfect and the more obstacles addressed early enough in life regarding traffic safety and undesirable conditions, the more prepared future drivers are to handle these situations in a calm and 2016-LubbockP-G-1 YG-001 5 Printed On: 7/10/2015 Page 32 of 38 City of Lubbock - Parks & Recreation General -2016 cognitive manner. Based on research data from NHTSA and their continuous publications and our partnerships with LISD and surrounding school districts we have been able to develop curricula for the area students to provide them with devlopmentally appropriate and information. This approach creates partneships within the community to assist safety city in challenging the students critical thinking skills while broadening their scope of safety information. III.Project Evaluation In order to measure the success of the project, the organization will seek to reach 12,000 people, 2,000 more than previously served, to educate and provide hands on training of traffic safety. Daily measure of evaluation will include all attendees taking a "drivers license exam" and receive a Safety City Drivers license. Instructor/program evaluations will also be completed to accompanying teachers and volunteers to rate effectiveness. 2016-LubbockP-G-1YG-0015 Printed On: 7/10/2015 Page 33 of 38 City of Lubbock - Parks & Recreation General -2016 OBJECTIVES, PI&E, PERFORMANCE MEASURES AND ACTIVITIES Objective statement: To Participate in 3 Professional Training Seminars or Conferences by 9/30/2016 Q 3. 4. 5. 6. 7. 8. 9. 10. 2016-LubbockP-G-1YG-0015 Printed On: 7/10/2015 Page 34 of 38 Activity Activity Responsible Completion Date 1 Safety City employees are to complete 1 traffic Subgrantee 1/31/2016 safety training each by the first quarter of the grant award year. 1 Safety City employees are to complete an additonal Subgrantee 5/30/2016 safety training each by the end of the third quarter of the grant award year. 1 Safety City employees are to attend 1 traffic safety Subgrantee 9/30/2016 conference with a focus on distracted driving, impaired driving, or pedestrain safety. 2016-LubbockP-G-1YG-0015 Printed On: 7/10/2015 Page 34 of 38 City of Lubbock - Parks & Recreation General -2016 OBJECTIVES, PI&E, PERFORMANCE MEASURES AND ACTIVITES Objective statement: To Educate 12000 people in safe pedestrian behavior by 9/30/2016 Activity Activity Responsible Completion Date 1. Host Annual Trick or Treat Street to educate to pulbic Subgrantee 11/1/2015 on pedestrain and other safety measures during Halloween 2. Add additional recreation times at Safety City for adult Subgrantee 12/30/2015 pedestrains to use the facility to encourage safe pedestrain practices for the whole family 3. Create a partnership with Lubbock Independent School Subgrantee 1/1/2016 District and surrounding school districts to teach students pedestrian and traffic safety 4. Incorporate free exploration time at Safety City to be Subgrantee 3/30/2016 able for children to apply hands on knowlege learned during instruction times. 5. Provide schools with curriculums to support hands on Subgrantee 5/30/2016 techniques taught and enforced at Safety City. Distribute educational literature to public on safe Subgrantee 6/30/2016 pedestrian and traffic practices. Host annual Health and Safety Fair to educate the Subgrantee 6/30/2016 public on health and safety issues. Provide educational seminars where adults are already Subgrantee 9/30/2016 assembled to provide them with education and information on safe pedestrian activity 10. 2016-LubbockP-G-1 YG-001 5 Printed On: 7/10/2015 Page 35 of 38 City of Lubbock - Parks & Recreation General -2016 OBJECTIVES, PI&E, PERFORMANCE MEASURES AND ACTIVITIES Objective statement: To Educate 12000 South Plains citizens proper bicycle safety and riding techniques by 9/30/2016 Activity Activity Responsible Completion Date 1. Develop a partnership with Lubbock Independent Subgrantee 11/30/2015 School District and surrounding school district students bicycle safety and riding techniques. 2. Provide 5 informational seminars to adult groups to Subgrantee 5/30/2016 educate them on how to ride a bicycle in traffic safetly as well as how to drive among cyclists. 3. Provide instruction to 15 early childhood centers, 10 Subgrantee 6/30/2016 more than 2013 to engage early motor skills safe cycling and the importance of wearing a helmet. 4. Provide the public with 1 sessions of safety camp at Subgrantee 8/30/2016 Safety City teaching participants all aspects of traffic safety. 5. Increase participation of bicycle safety training for those Subgrantee 9/30/2016 individuals with disabilities by 5% of last years 10 participants. 6. Provide local Boy Scout/Girl Scout troups classes in Subgrantee 9/30/2016 order for them to earn safety badges by leaming traffic laws and proper bicycle maintenance. 7. Provide 5% more bicycle lesons to the public than the Subgrantee 9/30/2016 previous 8 lessons conducted during 2013. 8. 9. 10. 2016-LubbockP-G-1YG-0015 Printed On: 7/10/2015 Page 36 of 38 City of Lubbock - Parks & Recreation General -2016 OBJECTIVES, PI&E, PERFORMANCE MEASURES AND ACTIVITIES Objective statement: To Provide 10000 South Plains citizens with motor vehicle safety education through hands on training by 9/30/2016 Activity Activity Responsible Completion Date Introduce motor vehicle education by providing pedal Subgrantee 10/30/2015 cars to elementary students to supplement classroom instruction. Provide education and information on motorcycle Subgrantee 10/30/2015 safety including safety materials, videos, and the importance of wearing a helmet. Purchase curriculum materials to lead scientific based Subgrantee 11/30/2015 instruction of distracted driving and impaired driving classes. Initiate distracted driving education to students by Subgrantee 3/30/2016 having them drive a pedal car while using a cell phone. Partner with Texas Tech University to lead an impaired Subgrantee 9/30/2016 driving education course at one event. Incorporate railroad safety into all aspects of the traffic Subgrantee 9/30/2016 safety education program providing detailed hands on training to 10000 people. 10. 2016-LubbockP-G-1YG-0015 Printed On: 7/10/2015 Page 37 of 38 City of Lubbock - Parks & Recreation General -2016 BUDGET SUMMARY Budget Category TxDOT Match Program Income Total Category I - Labor Costs 100 (200) Salaries: Fringe 9 Benefits: $11,850.00 $0 $64,088.56 $0 $0 $0 $75,938.56 $0 Sub -Total: $11,850.00 $64,088.56 $0 $75,938.56 [Category II - Other Direct Costs 300 Travel:1 $1,116.00 $0 $0 $1,116.00 400 E uipment: $5,100.00 $0 $0 $5,100.00 (500 (600) (700) Su lies: Contractual Services: Miscellaneous: $2,100.00 $0 $14,644.59 $0 $4,200.00 $0 $0 $0 $0 $2,100.00 $4,200.00 $14,644.59 O Sub -Total: $22,960.59 $4,200.00 $0 $27,160.59 Total Direct Costs: $34,810.59 $68,288.56 $0 $103,099.15 Category III -Indirect Costs (800) Indirect Cost $0 $0 $0 $0 Summary ❑ ❑Coos�Direct ❑ Cootstr Labor Coostsllndirect $11,850.00 $22,960.59 $0 $64,088.56 $4,200.00 $0 $0 $0 $0 $75,938.56 $27,160.59 $0 Grand Total: $34,810.59 $68,288.56 $0 $103,099.15 11 Fund Sources: (Perces Share 33.76% 66.24% 0.00%� Salary and cost rates will be based on the rates submitted by the Subgrantee in its grant application in eGrants. 2016-LubbockP-G-1YG-0015 Printed On: 7/10/2015 Page 38 of 38