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Item 8C AGENDA ITEM #8C APRIL 26, 2004 ~• STAFF REPORT City of Atlantic Beach Commission Meeting AGENDA ITEM: Authorization for Mayor to Sign FDOT Grant. DATE: April 13, 2004 SUBMITTED BY: David E. Thompson, Chief ofPolice/DPS BACKGROUND: In 2003, Detective Bazbaza Sumrall submitted a DUI Enforcement Grant to the Florida '"~ Department of Transportation. The City received a notification that the police department was going to be awazded $71,337 in grant money for this project in the 2003- 04 budget. This grant is included in the City of Atlantic Beach 2003-04 budget. ~. This project includes the purchase of a vehicle and equipment for conducting DUI enforcement operations throughout the city. This grant does not require a match from the City of Atlantic Beach. To receive the funding under this grant, the attached grant application needs to be signed by the Mayor. ~,,, BUDGET: This is included in the current budget. ~, RECOMMENDATIONS: To authorize the Mayor to sign the attached grant application and all related paperwork for the 2003-04 FDOT grant. ATTACHMENTS: Subgrant Application for Highway Safety Funds REVIEWED BY CITY MANAGER: ~. NUMBER: >~. AGENDA ITEM #8C APRIL 26, 2004 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 500-065-01 SUBGRANT APPLICATION FOR HIGHWAY SAFETY FUNDS sAFErv 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: Atlantic Beach DUI Enforcement Initiative 2. Type of Application: ~ Initial ~ Continuation 3. Requested Subgrant Period: 9/30/2003 to 9/30/2004 4. Support Matching Total Sought: $ 71337 Share: $ 0 Budget: $ 71337 5. Applicant Agency (Subgrantee): 6. Implementing Agency: City of Atlantic Beach. Atlantic Beach Police Department John Meserve, Mayor David E.Thompson, Director 800 Seminole Rd. 850 Seminole Rd. Atlantic Beach, Florida 32233 Atlantic Beach, Florida 32233 Telephone: (904) 247-5800 Telephone: (904) 247-5859 7. Federal ID Number: 8. State SAMAS Number (State Agencies) 596002670000 9. Chief Financial Officer: 10. Project Director: Nelson VanLiere, Comptroller Det. B. L. Sumrall City of Atlantic Beach Atlantic Beach Police Department 800 Seminole Rd 850 Seminole Rd Atlantic Beach, FI 32233 Atlantic Beach, Florida 32233 Telephone Number: (904) 247-5800 Telephone Number: (904) 247-5859 Fax Number: (904) 249-5877 Fax Number: (904) 270-2536 E-Mail Address: E-Mail Address: BSUMRALL@COAB.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. 1 AGENDA ITEM #8C APRIL 2(, 2004 saa-oss-oi Part 11: PROJECT PLAN AND SUPPORTING DATA SAFETY 06103 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) as Start below and use additional pages as necessary. The city of Atlantic Beach is located on the east side of Duval County in northeast Florida. It is bordered on the east by the Atlantic Ocean, to the north by Mayport Navy Base, to the west by the Consolidated City of Jacksonville and to the south by the city of Neptune Beach. Being. a beachfront community, it is the natural playground for the northeast Florida community. The permanent population of the city is approximately 14,000 people. The main roadways through our city are also the main roadways to the beach nightlife. Atlantic Beach not only is responsible for the vehicle traffic of our city's restaurants and bars but also Jacksonville Beach, Neptune Beach and the Mayport area which houses a cruise ship that has nightly gambling and drinking excursions, as well as several small pubs and resturants serving alcohol. The police department has an aggressive DUI enforcement policy, which has increased the DUI arrests, but has not reduced the Alcohol related crashes. As a part of our officers on going training each officer attends the IPTM advanced DUI enforcement training to assist the officers in better case preparation amd arrest conviction. The city of Atlantic Beach is participating in DUI checkpoints in conjunction with surrounding agencies and has assigned individual officers. as DUI enforcement officers. These officers are assigned primarily to the night shift to aggressively work DUI enforcement. - The state records of vehicle crashes for Atlantic Beach indicate that 26.14% of the total crashes for 2001 were alcohol related. In 2001 the figure was 13.82% and in 1999 the figure was 14.79°!0. The city has increased enforcement activities and education, but more is needed. The vehicle traffic that passes through the two main arteries per day has been extimated at 46,000 on State Rd A1A and 40,000+ on State Rd 10. While coducting DUI enforcement, a need for additional equipment has been identified. In-car Video / Radars are a valuable tool in DUI enforcement and prosecution. We also identified a need for local inner city checkpoints specifically focusing on underage and adult DUI's. To accomplish this task, we will need a traffic counter to assist with statistical information gathering, a generator, a traitor to transport DUI checkpoint equipment -cones, light signs, etc, a vehicle to transport the trailer. 2 e~. AGENDA ITEM #8C APRIL 26, 2004 500-065-01 SAFETY 06103 Proposed Solutions The purchase of the equipment in this proposed grant would allow the police department to conduct safe and more efficient DUI task force operations. These operations will be conducted a minimum of every three months. Operations will involve checkpoints and roving operations that will include daily traffic enforcement, and selected nights to target DUi drivers. Officers will work at least ten hours of this type of enforcement each week. A task force has been created and staffed with one supervisor and four patrolmen, They are scheduled for five hours or more at night, during peak DUI enforcement activities. The task force will be coordinated with surrounding agencies when possible as a countywide effort. The sobriety checkpoints will be set up on the main arterial roadways with the assistance of FHP and FDOT. A request for temporary closing or use of State Roads will be made for each checkpoint. All checkpoint areas will be marked with temporary signs and lighting. The internal roadway city checkpoints will be a scaled down version on two lane roadways with a maximum speed of 35 mph. We will set up the checkpoint to DOT standards using grant obtained checkpoint equipment. We will also be scheduling additional manpower on nights of special events at the area high school historicaNy associated with underage drinking. During checkpoint operations additional units will be employed as saturation patrols in the area's surrounding the checkpoint monitoring traffic flow and enforcing traffic laws. Objectives The objective for 2003/2004 is to reduce the percentage of alcohol related traffic crashes by ten percent, compared to the reported traffic crashed in 2001, through increasing the number of DUI arrests and increased public awareness and deterence. Evaluation The success of the program wil{ be measured by figures obtained from the Florida Department of Transportation on alcohol related traffic crashes in the City of Atlantic Beach, and the number of DUI arrests made by Atlantic Seach Police Officers. u~ AGENDA ITEM #8C APRIL 26, 2004 soo-oss-oi SAFETY 06/03 Timetable for Milestones Milestones 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP DUI checkpoints hosted by ABPD ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ABPD assisting other agency checkpoints ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ DUI arrest made at checkpoints ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ DUI arrests made by ABPD officers ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ABPD DUI saturation patrols ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ Seat belt citations issued by ABPD ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ Child Safety Seat citations by ABPD ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ o ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ~+• AGENDA ITEM #8C APRIL 26, 2004 500-065-01 Part Ilt: PROJECT DETAIL BUDGET SAFETY 06/03 air Project Title: Atlantic Beach DUI Enforcement Initiative Project Number: Contract Number: BUDGET CATEGORY TOTAL FEDERAL FUNDING NON-FEDERAL STATE LOCAL A. Personnel Services $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Sub-total $ 0 $ 0 $ 0 $ 0 B. Contractual Services $o $o $o $o $o $o $o $o - $o $o $o $o Sub-total $ 0 $ 0 $ 0 $ 0 C. Expenses (200) 36" REFLECTIVE CONES (14.25 EA) $ 2,850 $ 2,850 $ 0 $ 0 (10) CHECKPOINTS SIGNS $ 500 $ 500 $ 0 $ 0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Sub-total $ 3,350 $ 3,350 $ 0 $ 0 D. Operating Capital Outlay (1) SUV-police vehicle $ 25,000 $ 25,000 $ 0 $ 0 (1) Trailer $ 7,000 $ 7,000 $ 0 $ 0 (1) Generator and (1) light tower $ 3,500 $ 3,500 $ 0 $ 0 (1) Arrow board $ 4,387 $ 4,387 $ 0 $ 0 (1) Variable Message Sign $ 18,300 $ 18,300 $ 0 $ 0 (1) in-car video units $ 9,800 $ 9,800 $ 0 $ 0 Sub-total $67,987 $ 67,987 $ 0 $ 0 E. Indirect Cost $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Sub-total $ 0 $ 0 $ 0 $ 0 Total Cost of Project $ 71,337 $ 71,337 $ 0 $ 0 Budget Modification Number: 5 Effective Date: AGENDA ITEM #8C APRIL 26, 2004 BUDGET NARRATIVE 500-065-0 i SAFETY 06/03 Project Title: Atlantic Beach DUI Enforcement Initiative Project Number: Contract Number: The fol4owing 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 reiationship to project objectives. Attach additional sheets as needed. Budget Modification Number: Effective Date: AGENDA ITEM #3C APRIL 26, 2004 Part {V: REPORTS 500-065-Ot SAFETY 06/03 Quarterly Progress Report Narrative for the FIRST quarter. Project Titfe: Atlantic Beach DUI Enforcement Initiative Project Number: Implementing Agency: Project Director: 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. .., AGENDA ITEM #8C APRIL 26, 2004 500-065-01 QUARTERLY PROGRESS REPORT OF PERFORMANCE INDICATORS SAFETY 06/03 for the FIRST. quarter. Project Title: Atlantic Beach DUI Enforcement Initiative Project Number: Implementing Agency: Project Director: Performance Milestones Acomplished IndiCatOf S Quarter Ending December 31 Quarter Ending March 31 Six-Month Totals Quarter Ending . June 30 Quarter Ending September 30 Project Totals 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~• AGENDA ITEM #8C APRIL 26, 2004 Firsal Narrative Report 500-065-0i SAFETY 06/03 Project Title: Atlantic Beach DUI Enforcement Initiative Project Number: Implementing Agency: Project Director: 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. ~. AGENDA ITEM #8C APRIL 26, 2004 500-065-01 SAFETY Part V: Acceptance And Agreement °6.°3 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 comply 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)(b), 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 on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids 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. from 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 on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids 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. All consultant agreements will contain the following statement: 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 contrat number). A final invoice must be received by (insert date) or payment will be forfeited. a>. AGENDA ITEM #8C APRIL 26, 2004 i•• soo-oss-oi SAFETY 06/03 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. put-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 sha{I 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 considered 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 iri 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. Changes made prior to getting written approval shall be subject to the denial of reimbursement. 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(8) and 41 U.S.C. 253(8) (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 written approval from the State Safety Office. D AGENDA ITEM #8C APRIL 26, 2004 soo-ass-0~ SAFETY ®"'' 10. Excusable Delays. os~os (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 .w 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 (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 prior 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 ~s 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 s 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, s 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. AGENDA ITEM #8C APRIL 26, 2004 500-065-01 SAFETY O6I03 14. Audit. This part is applicable if the subgrantee is a State or local government or anon-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) Florida Department of Transportation 605 Suwannee Street, MS-17 aaw 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 ~1' 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 1~ basis. Failure to submit reimbursement requests in a timely manner shall result in the subgrant being terminated. AGENDA ITEM #8C APRIL 26, 2004 500-065-07 SAFETY 06103 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 n~. (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 finacial 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 propertyfiurnished 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 ee~. Office, the U.S. Department of Transportation, or any other agency of the State or Federal Government. ~. AGENDA ITEM #8C APRIL 26, 2004 soo-oss-0i 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 steal{ 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 shalt 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 Civi{ 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 contractor 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. AGENDA ITEM #8C APRIL 26, 2004 ~. 500-065-0 t 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 nr. 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. The head of the agency shall request approval from the Safety Office to hire the individual(s) selected for the new position(s) prior to the start date. 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. AGENDA ITEM #8C APRIL 26, 2004 soo-oss-o, 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 o eratin rocedure re ardin enforcement of safet belt and child safet seat violations. A co p g p g g y y py of the procedure shall be attached to the subgrant application. Law enforcement agencies receiving subgrant funds shall participate in the safety belt enforcement waves w. 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. ~* AGENDA ITEM #8C APRIL 26, 2004 PROJECT NUMBER: soa-oss-oi SAFETY O6/Q3 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) SUBGRANTEE STATE OF FLORIDA DEPARTMENTOFTRANSPORTATION City of Atlantic Beach Name of Applicant Agency Typed By: By. Jrgnarure ui Huiiruriceu rZa~icoaiiiaiivc Title: John Meserve Authorized Representative's Name Typed Date: Title: Mayo r Attest: Date: Attest: FEDERAL FUNDS ALLOCATED Signature of Witness ADMINISTRATOR OF IM PLEMENTING AGENCY 1 By: ~' ~-L~ Reviewed for the Department of Transportation: Signature of Administrator gy: __ David Thompson Attorney -DOT Administrator's Name Typed Date: Title: Director of Public Safety NOTE: No whiteout or erasures accepted on this signature page.