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R03-170RESOLUTION NO. R03- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING FLORIDA DEPARTMENT OF TRANSPORTATION HIGHWAY SAFETY GRANT FUNDS FOR FISCAL YEAR 2004; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH T HE FLORIDA DEPARTMENT OF TRANSPORTATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach Police Department applied for and has ,een awarded a sub-grant from the Florida Department of Transportation in the total of $92,601.00, and WHEREAS, the sub-grant will fund all costs of hiring one (1) new DUI Specialist and one (1) new Police Vehicle and related costs for a one year )eriod; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach hereby s acceptance of the Florida Department of Transportation sub-grant and of an Agreement with the Florida Department of Transportation to fund all :osts of hiring one (1) new DUI Enforcement Specialist and one (1) new Police Vehicle related costs in the amount of $92,601. A copy of the agreement is attached hereto. _Section 2. This Resolution shall become effective immediately upon passage. S:\CA\RESO~Agreements\BBPD\BBPD_FDOT _ DUI Sub-grant.doc PASSED AND ADOPTED this Al day of October, 2003. [TTEST: ~:\CA\RESO~Agreements\BBPD\BBPD-FDOT - DUI Sub-grant.doc o3- STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION SUBGRANT APPLICATION FOR HIGHWAY SAFETY FUNDS 500-065-01 SAFETY 06/03 For D. O. T. Use Only Project Number: DOT Contract Number: Federal Funds Allocated: Date Approved: Subgrant Period: Date Revised: Subgrant History: (1) (2) (3) Part I: GENERAL ADMINISTRATIVE INFORMATION (See Instructions for Highway Safety Subgrant Applications) 1. Project Title: Boynton Beach DUI Enforcement Specialist Phase II 2. Type of Application: {~) Initial 3. Requested Subgrant Period: 10/1/2003 O Continuation to 9/30/2004 4. Support Matching Sought: $92,601 Share: $0 5. Applicant Agency (Subgrantee): City of Boynton Beach Mayor Broening 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FL. 33435 Telephone: (561) 742-6000 7. Federal ID Number: 596000282005 9. Chief Financial Officer: Diane Reese City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL. 33435 Telephone Number: (561) 742-6312 Fax Number: (561) 742-6316 E-Mail Address: Reesed@ci.boynton-beach.fl.us Total Budget: $92,601 6. Implementing Agency: City of Boynton Beach Police Department Marshall B. Gage, Chief of Police 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FL. 33435 Telephone: (561) 742-6101 8. State SAMAS Number (State Agencies) 0. Project Director: Sgt. Stewart Steele City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FI. 33435 Telephone Number: (561) 742-6463 Fax Number: (561) 742-6185 E-Mail Address: Steeles@ci.boynton-beach.fl.us Subgrant funds provided by the U.S. Department of Transportation, National Highway Traffic Safety Administration, . Catalog of Federal Domestic Assistance Number - 20.60__ , State and Community Highway Safety Program, through the Florida Department of Transportation. 500-065-01 Part I1: PROJECT PLAN AND SUPPORTING DATA S^FE~ 06/03 State clearly and in detail the aims of the project, precisely what will be done, who will be involved, and what is expected to result. Use the following major headings: 1. Statement of the Problem 2. Proposed Solution 3. Objectives 4. Evaluation 5. Milestones (Use form provided) Start below and use additional pages as necessary. 1. Statement of the Problem: The City of Boynton Beach is located in the southern portion of Palm Beach County along State Road 9 (I-95). The city has an estimated population of over 62,000 people in a county of over one million people. At this time with 139+ sworn officers serving a city with a geographical area of 16.4 square miles we find our selves in a continuous stage of growth and expansion. With growth and change comes the everlasting need for specialty units as DUI Enforcement. While in the past the City of Boynton Beach has participated in the State of Florida Transportation's Projects J7-96-13-02-01 and AL-99-05-09, we find that we always in need of material and equipment to help us maintain suppression of DUI related crashes in the City of Boynton Beach. With the steady flow in the number of DUI related crashes we have found that our need to continue to educate our officers and maintain upgraded and operating equipment is continiously on the rise. The County of Palm Beach has had a steady increase in traffic crashes over the last three recorded years. It has also had an increase in the number of DUI related crashes in years 1998, 2000 and 2001 that crash rates were 14,387 crashes (DUI 1352), 15079 crashes (DUI 1404) and 15731 crashes (DUI 1497). There is an approximate 9.5% ratio of crashes related to intoxicated driver for each of the three years. The City of Boynton Beach crashes for the years of 2000, 2001, 2002 were 1302 crashes (DUI 59) ,1340 (DUI 44), 1350 (DUI 52). There is an approximate 5% ratio of crashes related to intoxicated drivers for each of the three years. 2. Proposed Solution: The City of Boynton Beach police department currently has a one-man DUI unit and would like to increase the unit with a second officer to combat the alcohol related crash problem that has been identified in the city. The officer will receive special training in the detection and apprehension of impaired drivers, and he will be fumished a car with radar, laser, and in-car video unit. The officer will be assigned to work primarily during the evening shift. The patrol areas will be determined by identifying areas of high alcohol related crash occurrence. The department plans to conduct public awareness programs to make citizens of Boynton Beach more aware of the DUI problem in the city. Presentations will be made to business and civic groups', retirees and a special emphasis on students Who are our newest and least experienced drivers on the read. The officers on the DUI unit may be assigned to participate in planned public awareness activities. 3. Objectives: While our primary objective remains to reduce the number of alcohol related accidents, we also hope to continue to show a high visibility of DUI Enforcement throughout the City of Boynton Beach. Having the proper resources (training,equipment and manpower) will only aid us in the continued efforts to lower any and all alcohol related incidents within the city and therefore throughout the county. The City of Boynton Beach will conduct DUI check points in November, January, April, July and September. Officers from the department will also participate in DUI Wolf Packs and DUI Checkpoints hosted by the Palm Beach County Sheriffs office and Florida Highway Patrol. The City of Boynton Beach Police Department with your help would like to reduce the number of alcohol-related crashes by 25% during 2003/2004. With an increase of 100 arrest by impaired drivers over the 2002 number of 199 arrest. 500-065-01 SAFETY 06/03 4. Evaluation: Collection of specific data related to the objective is of the utmost importance. In our project we will continue to measure DUI arrest, hazardous moving citations, total citation and total warnings along with total alcohol related contacts. We will continue in our periodic review and comparisons of this data to help monitor and maintain the highest standards. There will continue to be quarterly, year to date and year to year comparisons. 500-065-01 SAFETY 06/03 Timetable for Milestones Milestones ,,,Quarter 2ndQuarter 3rd Quarter 4th Quarter OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP Track Number of DUI Arrests made by Officer X X X X X X X X X X X Track Number of DUI Checkpoints Hosted by X X X X X Boynton Beach Police Dept. Conduct Saturation Patrols X X X Conduct DUI Checkpoints X X X X X Track Child Restraint Ticket Issued by Agency X X X X X X X X X X X Track Safety Belt Ticket Issued by Agency X X X X X X X X X X X 4 500-O65-01 Part II1: PROJECT DETAIL BUDGET s,Fm 06/03 Project Title: Boynton Beach DUI Enforcement Specialist Phase II Project Number: Contract Number: BUDGET CATEGORY TOTAL FEDERAL NON-FEDERAL FUNDING STATE LOCAL A. Personnel Services Salarv for one officer $ 36,422 $ 36,422 Benefits (includin~ Life, Disability $15,133 $15,133 Health, and Dental Insurance: FICA Pension: and Worker's Comp.) Court Overtime $ 2,626 $ 2,626 Sub-total $ 54,181 $ 54,181 B. Contractual Services Sub-total C. Expenses Uniform Shirts, Pants and Shoes $ 325 $ 325 Vest $ 475 $ 475 Jacket and Rain Coat $ 370 $ 370 Sub-total $1,170 $1,170 D. Operating Capital Outlay Patrol Car (Inc. Graphics, Plastic Rear $ 25,000 $ 25,000 Seat and Gun Rack) $ 0 Laptop $ 2,800 $ 2,800 In-Car Video Unit $ 4,000 $ 4,000 Radios $ 3,600 $ 3,600 Radar $1,850 $1,850 Sub-total $ 37,250 $ 37,250: E. Indirect Cost Sub-total Total Cost of Project $ 92,601 $ 92,601 5 Budget Modification Number: Effective Date: BUDGET NARRATIVE 500-065-01 SAFETY 06/03 Project Title: Boynton Beach DUI Enforcement Specialist Phase II Project Number: Contract Number: The following is a narrative description of the project budget by line item by category, detailing the item and anticipated cost. Each category must be sufficiently defined to show cost relationship to project objectives. Attach additional sheets as needed. A. Personnel Services $54,181 Cost to be reimbursed in this category include the base salary and benefits for one officer, along with court overtime. Benefits include life insurance, disability health, dental insurance, FICA, pension and worker's comp. C. Expenses $1,170 Cost to be reimbursed in this category include uniforms, vest, winter jacket and rain coat. D. Operating Capital Outlay $37,250 Cost to be reimbursed in this category include a police vehicle with graphics, plastic rear seat, gun rack, in-car video unit, radios, radar and laptop computer. Budget Modification Number: Effective Date: 500-065-01 Part IV: REPORTS SAFETY 06/03 Quarterly Progress Report Narrative for the Project Title: Boynton Beach DUI Enforcement Specialist Phase II quarter. Project Number: Implementing Agency: City of Boynton Beach Police Department Project Director: Sgt. Stewart Steele Describe the subgrant activities that took place during the quarter. Attach newspaper clippings, press releases, photos and other items that document activities. Use additional sheets, if necessary. The Quarterly Progress Report of Performance Indicators should be sent to the DOT Safety Office along with the narrative within 30 days of the end of each quarter. 500-065-01 QUARTERLY PROGRESS REPORT OF PERFORMANCE INDICATORS sAF~ 06/03 for the quarter. Project Title: Boynton Beach DUI Enforcement Specialist Phase II Project Number: Implementing Agency: City of Boynton Beach Police Department Project Director: Sgt Stewart Steele Milestones Acomplished Performance Indicators Quarter Quarter Quarter Quarter Ending Ending Six-Month Project December 31 March 31 Totals Ending Ending June 30 September 30 Totals Number of DUI arrests made by officer in subgrant-funded position. Number of DUI checkpoints hosted by Boynton Beach Police Department ( Attach After Action Reports. ) Number of saturation patrols conducted. Number of checkpoints hosted by other agencies at which subgrant-funded officer participated. Number of child safety seat violations issued by Boynton Beach Police Department. Number of safety belt violations issued by Boynton Beach Police Department. Final Narrative Report 500-065-01 SAFETY 06/03 Project Title: Boynton Beach DUI Enforcement Specialist Phase II Project Number: Implementing Agency: City of Boynton Beach Police Department Project Director: Sgt. Stewart Steele The following is a chronological narrative history of the above listed project in accordance with Part V: Acceptance and Agreement, Conditions of Agreement, 1. Reports. This report is an accurate accounting of the project performance and accomplishments. Attach additional sheets as needed. 9 500-065-01 SAFETY Part V: Acceptance And Agreement 0~,03 Conditions of Agreement. Upon approval of this Subgrant Application for Highway Safety Funds, the following terms and conditions shall become binding. Noncompliance will result in loss of, or delays in, reimbursement of costs as set forth herein. 1. Reports. The subgrant year quarters are October 1 - December 31, January 1 - March 31, April 1 - June 30, and July 1 - Septmeber 30. The implementing agency shall submit the Quarterly Progress Report Narrative and Quarterly Progress Report of Performance Indicators forms to the State Safety Office by the last day of the month following the end of each quarter (January 31, April 30, July 31, and October 31) if the subgrant was effective during the quarter any part of the quarter. Quarterly reports postmarked after the respective submission dates listed above shall be considered past due. The implementing agency shall submit a Final Narrative Report, giving a chronological history of the subgrant activities, problems encountered, and major accomplishments by October 31. Requests for reimbursement will be returned to the subgrantee or implementing agency unpaid if the required reports are past due, following notification. 2. Responsibility of Subgrantee. The subgrantee and its implementing agency shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All monies spent on this project shall be disbursed in accordance with provisions of the Project Detail Budget as approved by the State Safety Office. All expenditures and cost accounting of funds shall conform to 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments; 49 CFR, Part 19, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations; OMB Circular A-102, Grants and Cooperative Agreements with State and Local Governments; OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations; OMB Circular A-21, Cost Principles for Educational Institutions; OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments; and/or OMB Circular A-122, Cost Principles for Non-Profit Organizations, hereby incorporated by reference, (hereinafter referred to as Applicable Federal Law). 3. Compliance with Chapter 287, Florida Statutes. The subgrantee and implementing agency agree to compty with all applicable provisions of Chapter 287, Florida Statutes. The following provisions are stated in this agreement pursuant to sections 287.133(3)(a) and 287.134(3)(a), Florida Statutes. (a) Section 287.133 (2)(a), F.S. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. (b) Section 287.134 (2)(a), F.S. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. 4. Approval of Consultant and Contractor Agreements. The State Safety Office shall review and approve in writing all consultant and contractor agreements prior to the actual employment of the consultant or the contractor by the subgrantee or implementing agency. Approval of the subgrant does not constitute approval of a consultant or contractor agreement. 10 All consultant agreements will contain the following statement: 500q:)65-01 SAFETY 06/03 The parties to this contract shall be bound by all applicable sections of Part V: Acceptance and Agreement of Project # (insert project number), DOT Contract # (insert contract number). A final invoice must be received by (insert date) or payment will be forfeited. 5. Allowable Costs. The allowability of costs incurred under any subgrant shall be determined in accordance with the general principles of allowability and standards for selected cost items set forth in the Applicable Federal Law and state law, to be eligible for reimbursement. All funds not spent in accordance with the Applicable Federal Law will be subject to repayment by the subgrantee. 6. Travel. Travel costs for approved travel shall be reimbursed in accordance the State of Florida, Department of Transportation's (Department's) Disbursement Operations Manual, Chapter 3 Travel, hereby incorporated by reference, but not in excess of provisions in Section 112.061, Florida Statutes. All out-of-state travel, conference travel, meeting travel which includes a registration fee, and out-of-grant-specified work area travel shall require written approval of the State Safety Office prior to the commencement of actual travel as being within the travel budget of the project and relevant to the project. Out-of-state travel shall not be approved unless the specific trip is in the approved subgrant budget or the head of the Implementing Agency provides sufficient justification to prove that the travel will have significant benefits to the outcome of the subgrant activities. In addition, prior written approval shall be obtained from the State Safety Office for hotel rooms with rates exceeding $100 per day that are to be reimbursed. Rates exceeding $100 per day shall not be approved unless the hotel is the host facility for an approved conference or the average rate for all hotels in the area exceeds $100. 7. Written Approval of Changes. The subgrantee or implementing agency shall obtain prior written approval from the State Safety Office for changes to the agreement. Changes to the agreement will be approved which achieve or improve upon the outcome of the subgrant work, or where factors beyond the control of the subgrantee require the change. For example: (a) Changes in project activities, milestones, or performance indicators set forth in the approved application. (b) Changes in budget items and amounts set forth in the approved application. (c) Changes to personnel in positions that are being reimbursed by this agreement. Changes to the subgrant agreement shall only be requested by the Authorized Representative of the Subgrantee or the Adminstrator of the Implementing Agency. Requests for changes to the subgrant budget must be postmarked no later than June 30 of the fiscal year to be considered. Requests for budget changes postmarked after June 30 will be denied. 8. Reimbursement Obligation. The State of Florida's performance and obligation to reimburse the subgrantee shall be subject to the availability of Federal highway safety funds and an annual appropriation by the Legislature. As detailed in 49 CFR, Part 29, Governmentwide Debarment and Suspension (Nonprocurement) and Governmentwide Requirements for Drug-Free Workplace (Grants), hereby incorporated by reference, the subgrantee shall not be reimbursed for the cost of goods or services received from contractors, consultants, vendors, or individuals suspended, debarred, or otherwise excluded from doing business with the Federal government. The subgrantee or its implementing agency shall submit the required certification by consultants with awards in excess of the small purchase threshold fixed at 10 U.S.C. 2304(g) and 41U.S.C. 253(g) (currently $25,000). 9. Commencement of Projects. If a project has not commenced within 30 days after the acceptance of the subgrant award, the subgrantee or its implementing agency shall report by letter the steps taken to initiate the project, the reasons for delay, and the expected starting date. If, after 60 days from the acceptance of the award, project activity as described herein has not begun, a further statement of implementation delay will be submitted by the subgrantee or its implementing agency to the State Safety Office. The subgrantee agrees that if the letter is not received in the 60 days, the State Safety Office will cancel the project and reobligate the funds to other program areas. The State Safety Office, where warranted by excusable delay, will extend the implementation date of the project past the 60-day period, but only by formal wdtten approval from the State Safety Office. 11 500q365-O1 SAFETY O6/O3 10. Excusable Delays. (a) Except with respect to the defaults of subgrantee's or implementing agency's consultants and contractors which shall be attributed to the subgrantee, the subgrantee and its implementing agency shall not be in default by reason of any failure in performance of this agreement in accordance with its terms if such failure arises out of causes beyond the control and without the fault or negligence of the subgrantee or its implementing agency. Such causes are acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the failure to perform must be beyond the control and without the fault or negligence of the subgrantee. If the failure to perform is caused by the failure of the subgrantee's or its implementing agency's consultant or contractor to perform or make progress, and if such failure arises out of causes beyond the control of the subgrantee, its implementing agency and its consultant or contractor, and without the fault or negligence of any of them, the subgrantee shall not be deemed to be in default, unless (1) the supplies or services to be furnished by the consultant or contractor were obtainable from other sources, (2) the State Safety Office shall have ordered the subgrantee or its implementing agency in writing to procure such supplies or services from other sources, and (3) the subgrantee or its implementing agency shall have failed to comply reasonably with such order. (b) Upon request of the subgrantee or its implementing agency, the State Safety Office shall ascertain the facts and extent of such failure and, if it shall be determined that any failure to perform was occasioned by any one or more of the said causes, the delivery schedule shall be revised accordingly. 11. Obligation of Subgrant Funds. Subgrant funds may not be obligated pdor to the effective date or subsequent to the termination date of the subgrant period. Only project costs incurred on or after the effective date and on or prior to the termination date of the subgrant application are eligible for reimbursement. A cost is incurred when the subgrantee's employee, its implementing agency, or approved contractor or consultant performs the service required or when goods are received by the subgrantee or its implementing agency, notwithstanding the date of order. 12. Performance. In the event of default, noncompliance, or violation of any provision of this agreement by the subgrantee, the implementing agency, the subgrantee's consultant(s) or contractor(s) and supplier(s), the subgrantee agrees that the Department will impose sanctions. Such sanctions include withholding of payments, cancellation, termination, or suspension of the agreement in whole or in part. In such an event, the Department shall notify the subgrantee and its implementing agency of such decision 30 days in advance of the effective date of such sanction. The sanctions imposed by the Department will be based upon the severity of the violation, the ability to remedy, and the effect on the project. The subgrantee shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. 13. Access to Records and Monitoring. The Department, NHTSA, Federal Highway Administration (FHWA), and the Comptroller and Auditor General of the State of Florida, or any of their duly authorized representatives, shall have access for the purpose of audit and examination of books, documents, papers, and records of the subgrantee and its implementing agency, and to relevant books and records of the subgrantee, its implementing agency, and its consultants and contractors under this agreement, as provided under Applicable Federal Law. In addition to review of audits conducted in accordance with OMB Circular A-133, as revised, hereby incorporated by reference, monitoring procedures will include, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and status checks of subgrant activity via telephone calls from Safety Office staff to subgrantees. By entering into this agreement, the subgrantee and its implementing agency agree to comply and cooperate with monitoring procedures. In the event that a limited scope audit of the subgrantee or its implementing agency is performed, the subgrantee agrees to bring the project into compliance with the subgrant agreement. The subgrantee further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor General. The Department shall unilaterally cancel this subgrant if the subgrantee or its implementing agency refuses to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S., and made or received by the subgrantee or its implementing agency in conjunction with the subgrant. 12 500-065-01 SAFETY 06/03 14. Audit. This part is applicable if the subgrantee is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. In the event that the subgrantee expends $300,000 or more in Federal awards in its fiscal year, the subgrantee must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. Page 1 of this agreement indicates the source of Federal funds awarded through the Florida Department of Transportation by this agreement. In determining the Federal awards expended in its fiscal year, the subgrantee shall consider all sources of Federal awards, including Federal funds received from the Department of Transportation. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the subgrantee conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. In connection with the audit requirements addressed above, the subgrantee shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the subgrantee expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the subgrantee expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal funds. Copies of audit reports for audits conducted in accordance with OMB Circular A-133, as revised, and required by this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the subgrantee directly to each of the following: (a) Flodda Department of Transportation 605 Suwannee Street, MS-17 Tallahassee, FL 32399-0450 (b) Federal Audit Clearinghouse Bureau of the Census 1201 East 10 Street Jeffersonville, IN 47132 (c) Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 15. Retention of Records. The subgrantee shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of three years from the date the audit report is issued, and shall allow the Department or its designee access to such records upon request. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Records shall also be maintained and accessible in accordance with 49 CFR, Section 18.42 or 49 CFR, Section 19.53. 16. Procedures for Reimbursement, All requests for reimbursement of subgrant costs must be submitted on forms provided by the Department (FDOT Form Numbers 500-065-04 through 07). Appropriate documentation supportive of the reported costs must accompany each claim. The subgrantee or its implementing agency shall submit financial reimbursement forms to the Safety Office at least once each quarter as costs are incurred and payment is made. The only exception is when no costs are incurred during a quarter. Reimbursement for subgrants with personnel costs shall be made after every two pay periods if paid bi-weekly. Personnel costs reimbursement shall be requested monthly if payroll is on a monthly basis. Failure to submit reimbursement requests in a timely manner shall result in the subgrant being terminated. 13 500-065-01 SAFETY 06/03 All requests for reimbursement of Operating Capital Outlay items having a unit cost of $5,000 or more and a useful life of one year or more shall be accompanied by a Non-Expendable Property Accountability Record (FDOT Form No. 500-065-09). Payment of the Operating Capital Outlay costs shall not be made before receipt of this form. A final financial request for reimbursement shall be postmarked no later than October 31 following the end of the subgrant period. Such request shall be distinctly identified as Final. Failure to submit the invoice in a timely manner shall result in denial of payment. The subgrantee agrees to forfeit reimbursement of any amount incurred if the final request is not postmarked by October 31 following the end of the subgrant period. The Safety Office has a 30-day review process of financial reimbursement requests from the date of receipt. Reimbursement requests will be returned if not completed properly. 17. Ownership of Data and Creative Material, The ownership of material, discoveries, inventions and results developed, produced, or discovered by the agreement are governed by the terms of 49 CFR, Section 18.34, 49 CFR, Section 19.36, or OMB Circular A-110, hereby incorporated by reference. In addition to the provisions for 49 CFR, Part 18 and 49 CFR, Part 19, the State Safety Office reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use: (a) The copyright in any work developed under a subgrant or contract under a subgrant; and (b) Any rights of copyright to which a subgrantee or a contractor purchases ownership with subgrant support. 18. Property Accountability. The subgrantee or its implementing agency shall establish and administer a system to control, protect, preserve, use, and maintain and dispose of any property furnished by the Department, or purchased pursuant to this agreement in accordance with Federal Property Management Standards as set forth in 49 CFR, Section 18.32, 49 CFR 19, Section 19.34, or OMB Circular A-110, incorporated herein by reference. This obligation continues as long as the property is retained by the subgrantee or its implementing agency, notwithstanding the expiration of this agreement. 19, Disputes. Any dispute, disagreement, or question of fact arising under the agreement shall be decided by the State Safety Office in writing and shall be distributed to parties concerned. A written appeal may be made within 30 calendar days to the Governor's Highway Safety Representative at the Florida Department of Transportation, 605 Suwannee Street, MS 57, Tallahassee, Florida 32399-0450, whose decision is final. The subgrantee and its implementing agency shall proceed diligently with the performance of the agreement and in accordance with Department's decision. 20. Conferences, Inspection of Work. Conferences may be held at the request of any party to this agreement. Representatives of the Department or the U.S. Department of Transportation (USDOT), or both, shall be privileged to visit the site for the purpose of inspection and assessment of work being performed at any time. 21. Publication and Printing of Observational Surveys and Other Reports. (a) Before publication or printing, the final draft of any report or reports required under the agreement or pertaining to the agreement shall be submitted to the State Safety Office for review and concurrence. (b) Each publication or other printed report covered by Paragraph 21.a. above shall include the following statement on the cover page: (1) This report was prepared for the State Safety Office, Department of Transportation, State of Florida, in cooperation with the National Highway Traffic Safety Administration, U.S. Department of Transportation and/or Federal Highway Administration, U.S. Department of Transportation. (2) The conclusions and opinions expressed in these reports are those of the subgrantee and do not necessarily represent those of the State of Florida, Department of Transportation, State Safety Office, the U.S. Department of Transportation, or any other agency of the State or Federal Government. 14 500-.065~31 SAFETY 06/03 22. Equal Employment Opportunity. No person shall, on the grounds of race, color, religion, sex, handicap, or national origin, be excluded from participation in, be refused the benefits of, or be otherwise subjected to discrimination under this subgrant, or any project, program, or activity that receives or benefits from this subgrant award. The subgrantee and its implementing agency agree to comply with Executive Order (E.O.) 11246, as amended by E.O. 11375, and as supplemented by 41 CFR, Part 60, incorporated herein by reference. 23. Responsibility for Claims and Liability. Subject to the limitations of Section 768.28, Florida Statutes, the subgrantee and its implementing agency shall be required to defend, hold harmless and indemnify the Department, NHTSA, FHWA, and USDOT, from all claims and liability, or both, due to negligence, recklessness, or intentional wrongful misconduct of subgrantee, implementing agency, and its contractor, consultant, agents and employees. The subgrantee and its implementing agency shall be liable for any loss of, or damage to, any material purchased or developed under this subgrant agreement which is caused by the subgrantee's or its implementing agency's failure to exercise such care in regard to said material as a reasonable careful owner of similar materials would exercise. The parties executing this agreement specifically agree that no provision in this agreement is intended to create in the public or any member thereof, a third party beneficiary, or to authorize anyone not a party to this agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this agreement. 24, Disadvantaged Business Enterprises (DBE), (a) The subgrantee and its implementing agency agree to the following assurance: The subgrantee and its implementing agency 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 required by 49 CFR, Part 26, incorporated herein by reference. The subgrantee shall take all necessary and reasonable steps under 49 CFR, Part 26 to ensure nondiscrimination in the award and administration of USDOT-assisted contracts. 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 USDOT may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.), herein incorporated by reference. (b) The subgrantee and its implementing agency agree to include the following assurance in each contract with a consultant or contractor and to require the consultant or contractor to include this assurance in all subcontract agreements: The consultant or contractor and subconsultant or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The consultant or contractor shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of USDOT-assisted contracts. Failure by the consultant or contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the subgrantee, its implementing agency, or the Department deems appropriate. 25. Restrictions on Lobbying, The subgrantee and its implementing agency agree to comply and require consultants and contractors to comply with 49 CFR, Part 20, New Restrictions on Lobbying, herein incorporated by reference, for filing of certification and disclosure forms. No funds granted hereunder shall be used for the purpose of lobbying the legislature, the judicial branch, or state agencies. Section 216.347, Florida Statutes. 26. How Agreement is Affected by Provisions Being Held Invalid. If any provision of this agreement is held invalid, the remainder of this agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 15 500~65-01 SAFETY 06/03 27. Federal Requirement for Public Service Announcements. All public service announcements produced with Federal Highway Safety funds shall be closed captioned for the hearing impaired. 28. Public Awareness Materials and Promotional Items. All public awareness materials and promotional items reimbursed with subgrant funds shall contain a traffic safety message. Where feasible, either the Florida Department of Transportation logo or the words "Funding provided by the Florida Department of Transportation." shall appear on all items. The name of the subgrantee or implementing agency and its logo can appear on printed materials and promotional items. The names of individuals connected with the subgrantee shall not appear on printed materials and promotional items paid for with Federal highway safety funds. Before printing public awareness materials or ordering promotional items, a final draft or drawing of the items shall be submitted to the State Safety Office for review. The Office shall provide written approval for reimbursement if the items are appropriate for purchase under this agreement. Copies of all public awareness materials purchased with Federal highway safety funds shall be attached to the forms requesting reimbursement for the items. 29. Term of Agreement. Each subgrant shall begin on the date of the last party to sign the agreement and shall end on September 30, following, unless otherwise stipulated by the State Safety Office on the first page of the respective agreement. The subgrant period shall not exceed 12 months. 30. Clean Air Act and Federal Water Pollution Control Act. For subgrant awards in excess of $100,000 the subgrantee and its implementing agency agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), herein incorporated by reference. The subgrantee shall include this provision in all subcontract awards in excess of $100,000. 31. Personnel Hired Under Agreement. The head of any implementing agency receiving first year funding for a new position(s) through a subgrant shall provide written notification within 30 days of the agreement being awarded to the State Safety Office that a new position(s) has been created in the agency as a result of the subgrant being awarded. Any and all employees of the subgrantee or implementing agency whose positions are funded, in whole or in part through a subgrant, shall be the employee of the subgrantee or implementing agency only, and any and all claims that may arise from said employment relationship shall be the sole obligation and responsibility of the subgrantee or its implementing agency. 32. Repossession of Equipment. Ownership of all equipment purchased with Federal highway safety funds rests with the subgrantee and its implementing agency; however, the USDOT maintains an interest in the equipment for three fiscal years following the end of the subgrant period. Any equipment purchased with Federal highway safety funds that is not being used by the subgrantee or its implementing agency for the purposes described in the subgrant shall be repossessed by the State Safety Office, on behalf of the USDOT. Items that are repossessed shall be disbursed to agencies that agree to use the equipment for the activity described in this subgrant. 33. Replacement or Repair of Equipment. The subgrantee and its implementing agency are responsible, at their own cost, for replacing or repairing any equipment purchased with Federal highway safety funds that is damaged, stolen, or lost, or that wears out as a result of use. Federal regulations prohibit funding equipment replacement. 16 500-065-01 SAFETY 06/03 34. Ineligibility for Future Funding, The subgrantee and its implementing agency agree that the Department shall find the subgrantee or its implementing agency ineligible for future funding for any of the following reasons: (a) Failure to provide the required audits, (b) Failure to continue funding positions created with highway safety funds after the Federal funding cycle ends, (c) Failure to provide required quarterly and final reports in the required time frame, (d) Failure to perform work described in Part II of the subgrant agreement, (e) Providing fraudulent quarterly reports or reimbursement requests, (f) Misuse of equipment purchased with Federal highway safety funds. 35. Safety Belt Policy. Each subgrantee and implementing agency shall have a written safety belt policy, which is enforced for all employees. A copy of the policy shall be submitted with the subgrant application. 36. Safety Belt Enforcement. All law enforcement agencies receiving subgrant funds shall have a standard operating procedure regarding enforcement of safety belt and child safety seat violations. A copy of the procedure shall be attached to the subgrant application. Law enforcement agencies receiving subgrant funds shall participate in the safety belt enforcement waves conducted in Florida and shall report their participation on the appropriate form by the deadline. Failure to- participate shall result in the subgrant being terminated. 37. Certification for Equipment Costing More than $500 per Item. The head of any implementing agency purchasing equipment costing more than $500 per item shall send a letter to the Safety Office upon award of the subgrant certifying that none of the items being purchased with federal highway safety funds is replacing previously purchased equipment, whether the equipment was purchased with federal, state, or local funds. 38. Checkpoint Reporting. Any law enforcement agency that conducts DUI checkpoints shall attach a copy of the After Action Report for each checkpoint operation conducted during a quarter to its Quarterly Progress Report of Performance Indicators. 39.Child Safety Seats. Any implementing agency that receives funds to purchase child safety seats must have at least one staff member certified by the American Automobile Association (AAA) as a Certified Child Passenger Safety Technician. Failure to comply with this provision shall result in the termination of this agreement. 40. Special Conditions. 17 PROJECT NUMBER: 500-065-01 SAFE'PC 06/03 IN WITNESS WHEREOF, the parties affirm that they have each read and agree to the conditions set forth in Part V of this Agreement, that each have read and understand the Agreement in its entirety. Now, therefore, in consideration of the mutual covenants, promises and representations herein have executed this Agreement by their undersigned officials on the day, month, and year set out below. (For DOT Use Only) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Title: Date: Attest: FEDERAL FUNDS ALLOCATED Reviewed for the Department of Transportation: By: Attorney- DOT Date: SUBGRANTEE City of Boynton Beach By: Name of Applicant Agency Typed Signature of Authorized Representative Gerald Broening Authorized Representative's Name Typed Title: Mayor Date: Attest: ADMINISTRATOR OF IMPLEMENTING AGENCY Signature of Administrator Marshall B. Gage Administrator's Name Typed Title: Chief of Police NOTE: No whiteout or erasures accepted on this signature page. 18 Ci'~' AT PROJECT NUMBER: SAFETY 06103 IN WITNESS WHEREOF, the parties affirm that they have each read and agree to the conditions set forth in Part V of this Agreement, that each have read and understand the Agreement in its entirety. Now, therefore, in consideration of the mutual covenants, promises and representations herein have executed this Agreement by their undersigned officials on the day, month, and year set out below. (For DOT Use Only) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Title: Date: Attest: FEDERALFUNDS ALLOCATED Reviewed for the Department of Transportation: By: Attorney - DOT Date: SUBGRANTEE City of Boynton Beach By: Name o~f Applicant Agency Typed 'Signature 6f Authori~e d Representative Gerald Broening Authorized Representative's Name Typed Title: Mayor Date: Attest:~~.~~ ADMINISTRATOR OF IMPLEMENT-liN'G--AGENCY Signature of ~'dministrator Marshall B. Gage Administrator's Name Typed Title: Chief of Police NOTE: No whiteout or erasures accepted on this signature page. 18 CiTY ATTORNEY PROJECT NUMBER: 500-065-0" SAFETY' 06/03 IN WITNESS WHEREOF, the parties affirm that they have each read and agree to the conditions set forth in Part V of this Agreement, that each have read and understand the Agreement in its entirety. Now, therefore, in consideration of the mutual covenants, promises and representations herein have executed this Agreement by their undersigned officials on the day, month, and year set out below. DOT Use Only) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Title: Date: Attest: FEDERALFUNDS ALLOCATED Reviewed for the Department of Transportation: Aflomey-DOT By: Date: SUBGRANTEE By: City of Boynton Beach Name of Applicant Agency Typed //S:~gnature of Authorized Representative Gerald Broening Authorized Representative's Name Typed Title: Mayor Date: /0 --,,~0 - 0 ~) · \ Attest:: ~1~~/ i ADMINISTRATOR OF IMPLEMENTING AGENCY Signature of Administrator Marshall B. Gage Administrator's Name Typed Title: Chief of Police NOTE: No whiteout or erasures accepted on this signature page. 18 -- 'OITY A'l~rORr, '