Exh 8BAgenda #8B
September 11, 2000
'- STAFF REPORT ,
CITY OF ATLANTIC BEACH
CITY STAFF REPORT
_ __ _ _
__
. .................. _._....__...
AGENDA ITEM: Authorization. for_ the Mayor to Sign All Paperwork Relative to the
FDOT Grants for 2000-2001
DATE: September 1, 2000
SUBMITTED BY: David E. Thompson, Chief of Police/Director of Public. Safety
BACKGROUND: A few months ago, the Police Department reported that it was
planning to apply for two (2) FDOT grants. One grant of $58,000
would be utilized to provide mobile video cameras for ten (10)
police cars. The other grant was estimated at $28,000, but it has
been reduced in conjunction with FDOT to $10,040 which would
provide a trailer, bicycles, and equipment for bicycle rodeos and
pedestrian safety prograrris.
These grants do not require matching funds.
The grant paperwork includes applications, acceptance contracts,
and other items that need the Mayor's signature. For this reason,
staff is requesting the authorization for the Mayor to sign all of the
related paperwork for the FDOT grants discussed in this report.
RECOMMENDATIONS: To authorize the Mayor to sign the paperwork associated with the
FDOT grants discussed above.
ATTACHMENTS: None
REVIEWED BY CITY MANAGER:
AGENDA~'TEM NUMBER:
_--~ - .
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
SUBGRAN7 APPLICATION
r`OR
HIGHWAY SAFETY FUNDS
Agenda #8B
September 11, 2000
For D.O.T. Use Only
Project Number: DOT Contract Number:
Federal Funds AI[ocated: - - - - _ - Date Approved:,
Subgrant Period: - ~ Date Revised:
Subgrant History: (1} {2) (3)
Part I: GENERAL ADMIN{STRAT{VE INFORMATION
(See .Instructions for Highway Safety Subgrant Applications}
1. Project Title: Atlantic Beach Police Department D.U.I.. Enforcement Program
2. Type of Application: ~ Initial ~ Continuation
October 1st, 2000 September 30th, 2001
3. Requested Subgrant Period: to
4. Support Matching Total
Sought: 58 ,190.00 Share: Budget: 58 ,190.00
5. Applicant Agency (Subgrantee): 6. Implementing Agency:
City of Atlantic Beach Atlantic Beach police Department
John Meserve, riayor L'avid Thompson:, Director
800 Seminole Rd. 850 Seminole Rd,
Atlantic Beach, Florida 32.233 Atlantic Beach, Florida 32233
Telephone: (904)-247-5800 Telephone: (904)-247-5859
7. Federal ID Number: 8. State SAMAS Number (State Agencies Only)
59-600267
9. Chief Financial Officer: 10. Project Director:
Nelson Vanliere, Comptroller Sgt. B. L. Sumrall
City of Atlantic Beach Atlantic Beach Police Department
800 Seminole Rd. 850 Seminole Rd,
Atlantic Beach, Florida 32233 Atlantic Beach, Florida 32233
Telephone: (904)-247-5800 Telephone: (904)-247-5859
11. Project Summary: Briefly describe the problem and the proposed solution.
The purchase of the .equipment in this propsed grant will allow the police departmer.
to conduct safer D.U.I.. enforcement with greater efficency, reliability and
professionalism.
Funds Provided by U.S. Department of Transportation, National Highway Traffic Safety Administration, Catalog of Federal Domestic Assistance
Number- 20.800, State and Community Highway Safety Program.
Part 1!: PROJECT` PLAN AND SUPPORTING DATA
Agenda #8B
September 11, 2000
State dearly 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)
State below and use continuation pages as necessary.
1. Statement of the Problem
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 24,000 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 and 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 restaurants serving alcohol.
The police department has an aggressive DUI enforcement policy which has reduced the alcohol related
vehicle crashes, but has not reduced it to a level we are willing to accept.
As apart of our officers on going training each officer attends the IPTM advanced DUI
enforcement training to assist the officers in better case preparation and arrest conviction. The city of
Atlantic Beach wauld like to participate in DUI checkpoints in conjunction with surrounding
Departments and assign individual officers as DUI enforcement officers. These officers would be
assigned primarily to the night shift to aggressively work DUI enforcement.
The state records of vehicle crashes for Atlantic Beach indicate that more than 12.94% of the
total for 1998 were alcohol related {1999 figures not available). In 1997 the figure was 14.89% In 1996
the figure was 16.79%. The city has been trying to increase enforcement activities, but more is needed.
The vehicle traffic that passes through the two main arteries per day has been estimated at 44,000 on
State rd. Al A and 40,000+ on State rd. 10.
While conducting DUI enforcement, a need for additional in ca.r video /radar. equipped vehicles
were identified. These video /radar units are an invaluable tool.. needed for the successful prosecution
of the DUI offenders. The needs include ten in car video /radar systems and installation costs.
x~~ciiua rron
September 11, 2000
Z. Proposed Solutions
.._____
The purchase of this equipment in this proposed grant will allow the police department to
conduct more efficient D.U:I. 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 twenty hours of
this type enforcement each week.
3.Objectives
The objectives for 2000/2001 is to reduce the percentage of alcohol related traffic crashes by ten
percent, compared to the reported traffic crashed in 1998, through increasing the number of DUI arrests
and increased public awareness and deterrence.
4. Evaluation
The success of the program will 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 Beach. Police Officers.
5. Proposed Budget
The Atlantic Beach Police Department is requesting federal highway safety funding from the
Florida Department of Transportation to enhance DUI enforcement. Funding for equipment is needed.
- The Department will assign four officers to The DUI Enforcement unit.
- Ten in car video /radar units and installation. The estimated cost of the ten units would be
$58,190.00
- The Department will incur the additional costs needed to outfit and train the officers, and to
finance the additional manpower expenses associated with the DUI enforcement program.
- The total funding for the upcoming fiscal year is $58,190.00
_ _ . Agenda #8B
September 11, 2000
Timetable for Milestones ~ ~~- -~
Milestones 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter
OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP
Get approval -from city ~. ~. 1
council to use grant money
to purchase equipment .
Order equipment X-- ---- --X
Train officer in use of
equipment and procedures
Receive equipment and
place into service
Conduct D.U.I. Checkpoint
Officers assigned to pm
Shift to detect DUI
X- ---- -X
1 1
1
1
3 13 ~ 3 ~ 3 .~ 3 ~ 3 ~ 3 ~ 3 ~ 3 ~ 3 ~ 3 1 3
._~ ~ . -- Agenda #8B
'- ;~,_, September 11, 2000
Part 111: PKUJtc i Ut I AIL t3000~t I
Project Title: Atlantic Beach Police Department D.U.I. Enforcement Program
Project Number. Contract Number:
BUDGET CATEGORY TOTAL FEDERAL NON-FEDERAL
___
- _ _..
-- _ _ ._
_
_ -. __ FUNDING . __
_. _.
_
STATE LOCAL
A. Personnel Services
Sub-total
B. Contractual Services
Sub-total
C. Expenses
Sub-total
D. Operating Capital Outlay
Grant for D.U.I. Enforcement
Radar/Camera units (10) 58,190.00 58,190.00
Sub-total '
E. Indirect Cost
Sub-total
Total Cost of Project 58,190.00 58,190.00
Budget Modification Number:
Effective Date:
• ~ ~ ' • ~ Agenda #8B
' - September 11, 2000
BUDGET NARRATIVE
` P'rojectTitle: Atlantic Beach Police Department D.U.I. Enforcement Program
Project Number. Contract Number:
The following •is a narrative description of the project budget byline 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.
OPERATING CAPITAL OUTLAY $58.190.00
Costs to be remibursed in this category include (10) in car Radar / Camera units
for use in D.U.I. enforcement as well as installation and hardware costs.
Budget Modification Number:
Effective Date:
Agenda #8B
September 11, 2000
\r(VMi\i L.[\L i r itvVl\L.VJ i11...i.-VJ1~ V(- f-L..11I-VRIYIHIYVG IIV Ut~/H) VT'C~
_
:. for the
quarter. _
Project Titte: Atlantic Beach Police Department D.U.I. Enforcement Program ~~
Project Number:
Implementing Agency: Atlantic Beach Police Department
_. _ _
Project Director: SQt. B. L. Sumrall
Milestones Accomplished
Pertormance
lndicatOPS ~
- Quarter
Ending
December 31 Quarter
Ending
March 31 Six-Month
Totals Quarter
Ending
June 30 Quarter
Ending
September 30
Project
Totals
number of DUI arrests made by
fficers using grant equipment
umber of hazardous. moving
iolations cited. by officers
using grant equipment.
Number of DUI checkpoints .
using grant equipment
number of arrests made at
Checkpoint t
umber of DUI checkpoints
hosted by other agenc_ys at
which A.B.P.D. officers assiste
i
1 .-
.1
Part IV: REPORTS
Agenda #8B
September 11, 2000
, Quarterly Progress Report Narrative for the ~ quarter.
Project Title: Atlantic Beach Police Department D.U.I•. Enforcement Program ' '
Project Number:
_Atlantic Beach _Police_Department
Implementing Agency: __,_ _
Project Director: 'sgt. B. L. Sumrall
Briefly describe the subgrant activities that took place during the quarter. Attach additional sheets if necessary. The
Quarterly Progress Report of Performance lndlcators shou{d be sent to the DOT Safety Office along with this narrative
at the end of each quarter.
.---~ Agenda #8B
- September 11, 2000
Final Narrative Report -
` Project Title:
Project Number:
Implementing Agency: '
- Project Director:- --- -- - -- --- _ -- - --------
The following is a chronological narrative history of the above listed project in accordance with Part V.~ Accepfance and .
Agreement, Condifions ofAgreemenf, 1. Reports. It is an accurate accounting of the project performance and
accomplishments. (Attach additional sheets as needed.)
Agenda #8B
September 11, 2000
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
STATE SAFETY OFFICE ,
Part V; AGCEPTANCE AND AGREEMENT
Conditions of Agreement. Upon approval of this subgrant, the approved application and the following terms ---
and conditions shall become binding. Noncompliance may result in loss of, or delays in cosf reimbursement.
The term subgrantee as used in Part V refers to the subgrantee and its implementing agency. Part I through
Part IV, attached to this agreement, are incorporated by reference herein.
1. Reports. The subgrantee shall submit the Quarterly Progress Report Narrative and Quarterly
Progress Report of Performance Indicators forms to the State. Safety Office by January 31, April 30,
July 31, grid October 31 if there was subgrant activity during the quarter prior to the deadline. The
subgrantee shall submit a Fina/Narrative Report, giving chronological history of the subgrant activities,
problems encountered, and major accomplishments by October 31, unless the State Safety Office
extends the subgrant period due to late award of the. subgrant. Requests for reimbursement may be
returned to the subgrantee unpaid if the required reports are past due.
2
Responsibility of subgrantee. The subgrantee must establish fiscal control and fund accounting
procedures which assure proper disbursement and accounting of subgrant funds and required non-federal
expenditures. All monies spent on this project will be disbursed in accordance with provisions of the
project budget as said budget was approved by the State Safety Office. All expenditures and cost
accounting of funds shall .conform to 49 CFR 18, Uniform Administrative Requirements for Grants and
Cooperative Agreements to Sfate and Local Governments; 49 CFR 19, Uniform Administrative
Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and
Other Non-Profit Organizations; National Highway Traffic Safety Administration (NHTSA) Order 462-
13A, Principles for Determining Costs Applicable to Grants and Contracts with State and Local
Governments; OMB Circular A-102, Grants anal Cooperative Agreements with State and Local
Governments; OMB Circular A-110, 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 and Local Governments; and/or OMB,
Circular A-122, Cost Principles for Non-Profit Organizations, as applicable (hereinafter referred to as
Applicable Federal Law). All funds not spent in accordance with the Applicable Federal Law will be
subject to repayment by the subgrantee.
The subgrantee, by entering into this agreement, certifies that it meets and will comply with the federal
statutes, executive orders, and implementing regulations applicable to this subgrant.
3. Compliance with Chapter 287, Florida Statutes. The subgrantee agrees to satisfy all requirements
provided in Chapter 287, Florida Statutes, and other applicable state law.
4. Approval of Consultant and. Contractor Agreements. The State Safety Office shall review and approve
in writing all subgrantee's consultant and. contractor agreements prior to the actual employment of the
consultant or the contractor by the subgrantee. Approval of the subgrant agreement does not constitute
approval of a consultant or contractor agreement. •
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.
' ~ Agenda #8B
September 11, 2000
6. Travel. Travel costs for approved travel will be reimbursed in .accordance with regulations applicable to
the subgrantee, and the State of Florida, Department of Transportation's (Department's) Disbursement
. Operations Manual, Chapter 3 Travel, but not in excess of provisions in Section 112.061, Florida Statutes.
All travel for out-of--state or out-of-grant-specified work area shall require written approval of the State
Safety Office prior to the commencement of actual travel.
7. Written Appoova! of Changes. The subgrantee must obtain prior written approval from the State Safety
Office for changes to the agreement. For example: ~ -__:__
(a) Changes in project activities, goals and objectives, or research plans set forth in the approved
application.
(b) Changes in budget items and amounts set forth in the approved application.
8. Reimbursement Obligation. The State of Florida's performance and obligation to reimburse the
subgrantee will be subject to the availability of Federal Highway Safety funds and an annual appropriation
by the Legislature. As approved in 49 CFR, Part 29, 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 shall submit
the required certification by consultants with awards in excess of the small purchase threshold (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 will 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 to the State Safety Office. If the statement is not received in 60 days, the State Safety Office
may cancel the project and reobligate the funds to other program areas. The State Safety Office, where
warranted by excusable delay, may extend the implementation date of the project past the 60-day period.,
but only by formal written approval from the State Safety Office.
10. Excusable Delays.
(a)
Except with respect to the defaults of subgrantee's consultants and contractors which shall be
attributed to the subgrantee, the subgrantee 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. Such causes may include,
but are not restricted to, 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 consultant or confractor to perform or make progress, and if such
failure arises out of causes beyond the control of the subgrantee 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 ar services fo be furnished by the consultant or contractor were
obtainable from other sources, (2) the State Safety Office shall have ordered the subgrantee in
writing to procure such supplies or services from other sources, and (3) the subgrantee shall have
failed to comply reasonably with such order.
(b) Upon request of the subgrantee, the State Safety Office shall ascertain the facts and extent of such
failure and, if it shall be determined thet any failure to perform was occasioned by any one or more
of the said causes, the delivery schedule shall be revised accordingly.
' • ~ Agenda #8B
September 11, 2000
11. Obligation of Subgrant Funds. Subgrant funds may not under any circumstances. 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 or approved
contractor or consultant performs the service required, or when goods are received by the subgrantee,
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 subgrantee's consultant(s) or contractor(s) and supplier(s), the Department shall
impose such sanctions as it deems appropriate. 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 of such decision 30 days in advance of the effective date of such
sancfion. The subgrantee shall be paid only for those services satisfactorily performed prior to the
effective date of such sanction.
13. Access to Records. The Department, NHTSA, Federal Highway Administration (FHWA), and the 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 to
relevant books and records of subgrantee and it's consultants and contractors under this agreement, as
provided under Applicable Federal Law. The Department shall unilaterally cancel this subgrant if the
subgrantee 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 in conjunction with the
subgrant.
14
Audit. Acceptance of this agreement constitutes subgrantee assurance that all audits shall be conducted
under the guidelines of OMB Circular No. A-133, Section 216.349, Florida Statutes, and Chapter 10.600,
Rules of the Auditor General
For fiscal years beginning on or before June 30, 1998, the reporting packages and data co{lection forms
shall be submitted to the State Safety Office program manager by the subgrantee within the earlier of 30
days after the receipf of the auditor's report, or 13 months. after the end of the subgrantee's fiscal year.
For fiscal years beginning after June 30, 1998, the reporting packages and data collection forms are to be
submitted within the earlier of 30 days after the receipt of the auditor's report, or nine months after the
end of the subgranfee's fiscal year. For audits conducted only under Section 216.349, Florida Statutes,
the report is to be submitted within the earlier of 30 .days after the receipt of the auditor's report, or 12
months after the end of the subgrantee's fiscal year. The date the audit report was delivered fo the
subgrantee must be indicated by the subgrantee in correspondence accompanying the audit report, or
reporting package, and data collection form.
The subgrantee shall follow up and take corrective action on audit findings. OMB Circular A-133 further
requires the preparation of a summary schedule of prior audit findings and a corrective action plan for
current year audit findings.
The subgrantee shall also submit required audit documentation as follows: A reporting package and a
data collection form for all audits conducted in accordance with OMB Circular A-133 shall be sent to:
Federal Audit Clearinghouse, Bureau of the Census, 1201 East 10th Street, Jefferson, IN 47132.
Reports of Audits conducted in accordance with Section 216.349, F.S., and Chapter 10.600, Rules of the
Auditor General shall be sent to: State of Florida Auditor General, P.O. Box 1735, Tallahassee, FL 32301-
1735.
Failure to furnish an acceptable audit as determined by the State or cognizant Federal audit agency may
be a basis for denial or refund, or both, of Federal funds. Federal funds determined by the Departmenf to
be misspent must be refunded to the Department, regardless of disclosure in the audit report.
• -Agenda #8B
September 11, 2000
15.
_ -- ..
roce ures for Reimbursement. All requests for reimbursement of subgrant costs must be submitted
on forms provided by the Department (Department Form Numbers 500-065-04 through 07). Approprfate
documentation supportive of the reported costs must accompany each claim. Requests should be
submitted on a regular basis as costs are incurred and payment is made. All requests for reimbursement
for Operating Capita( Outlay items having a unit cost of $5,000 or more and a useful life of one year or
more must be accompanied by aNon-Expendable Property Accountabiiity Record (Department Form
No. 500-065-09). Payment of the Operating Capital Outlay costs will not be made before receipt of this
form. _ _ _..
A final financial request for reimbursement must be submitted to -the State Safety Office within 30 days
after the end of the subgrant period. Such request must be distinctly identified as Final. Failure to
comply'will be grounds for forfeiture of reimbursement.
16. Retention of Records. All records and financial documents must be maintained for a minimum period of
three years from the date of the final financial statement and be available for audit and public disclosure
upon request of duly authorized persons. Records related to unresolved audit findings, appeals, or
litigation shall be retained until the action is completed or the dispute is resolved. Records also must be
maintained and accessible in accordance with Section 18.42 of 49 CFR 18 or Section 19.53 of 49 CFR
19.
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 Section 18.34
of 49 CFR 18, Section 19.36 of 49 CFR 19, or OMB Circular A-110, Attachment N, Paragraph 8.
18. Property Accountability. The subgrantee 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
Section 18.32 of 49 CFR 18, Section 19.34 of 49 CFR 19, or OMB Circular A-110, Attachment N. This
obligation continues as long as the property is retained by the subgrantee, 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 fhe Florida
Department of Transportation, 605 Suwannee Sfreet, MS 57, Tallahassee, Florida 32399-0450, whose
decision is final. The subgrantee 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 must include the
following statement on the cover page:
Agenda #8B
~~ September 11, 2000
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 andlor Federal Highway Administration, U.S. Department of
Transportation.
(1)
-_ .-
(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. •- .
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 agrees to comply with E.O. 11246, as amended by E.O. 11375, and as
supplemented by 41 CFR part 60.
23. Responsibility for Claims and Liability. Subject to the limitations of Section 768.28, Florida Statutes,
the subgrantee shall be required to defend, hold harmless and indemnify the Department, NHTSA,
FHWA,~and USDOT, from all claims and liability, or both, due to the negligent acts of subgrantee, and ifs
contractor, consultant, agents and employees. The subgrantee shall be liable for any loss of, or injury to,
any material developed or serviced under this subgrant agreement which is caused by the subgrantee's
failure to exercise such .care in regard to said material as a reasonable careful owner of similar materials
would exercise.
24. Disadvantaged Business Enterprises (DBE).
(a) The subgrantee agrees to the following assurance:
The subgrantee. shall not discriminate on the basis of race, color, national origin, or sex in the award
and performance of any USDOT-assisted contract. or in the administration of its DBE program or the
requirements of 49 CFR part 26. The subgrantee~shall take all necessary and reasonable steps
under 49 CFR part 26 to ensure nondiscrimination in the award and administration of USDOT-
assisted contracts. The subgrantee's DBE program, as required by 49 CFR part 26 and as
approved by USDOT, is incorporated by reference in this agreement. Implementation of this
program is a legal obligation and failure to carry out its terms shall be treated as a violation of this
agreement. Upon notification to the subgrantee of its failure to carry out its approved program, the
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.).
(b) The subgrantee agrees to include the following assurance in each contract the subgrantee signs
with a consultant or contractor and to require its consultant or contractor to include this assurance in
all subcontract agreements:
The subgrantee's 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 USbOT-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 or the Department deems appropriate.
25. Restrictions on Lobbying.
The subgrantee agrees to comply and require it's consultants and contractors to comply with 49 CFR part
20, New Restrictions on Lobbying, for filing of certification and disclosure forms.
• Agenda #8B
September 11, 2000
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.
27. Federal. Requirement for. Public. Service Announcements. AN public service announcements produced
with Federal Highway Safety funds must be closed captioned for the hearing impaired.
28. Public Awareness Materials and Promotional Items. 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 and written approval for reimbursement. The name of the. subgrantee and its logo can
be used 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. '
29. Term of Agreement. All subgrant agreements shall begin on the date of the last party to sign and shall
end on September 30, following, unless so stipulated by the State Safety Office.
30. Clean Air Act and Federal Water Pollution Control Act. For subgrant awards in excess of $100,000 the
subgrantee agrees to comply with all applicable standards, orders, or regulations. issued pursuant to the
Clean Air Act (42 U.S.C. 7401 et sef.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et
sef.). The subgrantee shall include this provision in all subcontract awards in_excess of S100,000.
31. Personnel. The head of any subgrantee receiving first year funding for a new position(s) through this
agreement shall provide written notification to the State Safety Office that a new position(s) has been
created in the agency as a result of the subgrant being awarded within 30 days of the agreement being
awarded.
Any and all employees of the subgrantee whose positions are funded, in whole or in part through this
agreement, 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.
32. Repossession of Equipment. Ownership of all equipment purchased with Federal highway safety funds
rests with the subgrantee; however, the USDOT maintains an interest in the equipment for three fiscal
years following the end of the. subgrant period. The State Safety Office, on behalf of the USDOT, may
repossess any equipment purchased with Federal highway safety funds that is not being used by the
subgrantee for the purposes described in the subgrant agreement. Items that are repossessed will be
disbursed to agencies that agree to use the equipment for the intended activity.
33. Replacement or Repair of Equipment. The subgrantee is responsible 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.
34. Ineligibility for Future Funding. The subgrantee may be ruled 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,
Agenda #8B
September 11, 2000
(c) Failure to provide required quarterly and final reports in the required time frame,
(d) Failure to perform work described in Part I1 of the subgrant agreement, ,
(e) Providing fraudulent quarterly reports or reimbursement requests,
(f) Misuse of equipment purchased with Federal highway safety funds.
35. Special Conditions..
(a) All subgrantee agencies must have a written safety belt policy which is enforced for all employees of
the agency. A copy of the policy must be attached to the subgrant application.
(b) Any (aw enforcement agency receiving highway safety funds must have a standard operating
procedure (SOP) regarding enforcement of safety belt and child safety seat laws. A copy of the
SOP must be attached to the subgrant application, and safety belt and child seat citation totals must
be reported on the Quarterly Progress Report of Performance Indicators.
(c) The head of any agency purchasing equipment costing more than $500 per item must 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.
(d) Recipients of Federal and State funds are to have audits done annually using the following criteria.
Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title
arid number, award number and year, and name of the awarding Federal agency. State awards will
be identified using the Catalog of State Financial Assistance (CSFA) title and number, award
number and year, and name of the awarding State agency.
In the event that a recipient expends 5300,000 or more in Federal awards in its fiscal year, the
recipient must have a single or program specific audit conducted in accordance with the Unified
States Office of Management and Budget (OMB) CircuiarA-133.
If a recipient expends less than $300,000 in Federal awards during its fiscal year, an audit
conducted in accordance with the OMB CircularA-933 is not required. If a recipient expends less
than $300,000 in Federal awards during its fiscal year and elects to have an audit conducted in
accordance with the OMB CircularA-933, the cost of the audit must be paid from non-Federal
funds.
in the event that a recipient expends $300,000 or more in State award funds during its fiscal year,
the recipient must have a State single or program specific audit conducted in accordance with
Section 215.97, Florida Statutes, and Chapter 10.600, Rules of the Auditor General.
If a recipient expends less than $300,000 in State awards during its fiscal year, an audit conducted
in accordance with Section 215.97, Florida Statutes, and Chapter 10.600, Rules of the Auditor
General is not required. If a recipient expends less than $300,000 in State awards during its fiscal
year and elects to have an audit conducted in accordance with Section 215.97, Florida Statutes, anc
Chapter 10.600, Rules of the Auditor General, the cost of the audit must be paid from non-State
funds.
~\
_ Agenda #8B
September 11, 2000
Reporting Packages and management letters generated from audits conducted in accordance with
.. OMB CircularA-133 and Financial Reporting Packages generated in accordance with Section
~~ 215.97, Florida Statutes, and Chapter 10.600, Rules of the Auditor General shall be suf~mitted to the
State Safety Office, by the recipient, within 30 days of receiving it. The aforementioned items are to
be received by the State Safety Office no later than 9 months after the end of the recipient's fiscal
year.
- -__
The recipient shall. follow up and take corrective actions on audit findings. 'Preparation of a =_
summary. schedule of prior year audit findings, including corrective action and current status of the
audit finding is required. Current year audit findings require corrective action. and status of finding.
Project records shall be retained and available for at least 3 years from the date the audit report is
issued. Records related to unresolved audit findings, appeals, or litigation shall be retained until the
action is completed or the dispute is resolved. Access to project records and audit workpapers shat(
be given to FDOT, the Comptroller, and the Office of the Auditor General.
The recipient shall submit required audit documentation as follows:
A Reporting Package and Data Collection Form for each audit conducted in accordance with OMB
CircularA-133 shall be sent to:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10"' Street
Jefferson, 1N 47132
A Financial Reporting Package of audits conducted in accordance with Section 215.97, Florida
Statutes, and Chapter 10.600, Rules of the Auditor General shall be sent to:
State of Florida Auditor General
Attn: Ted J. Sauerbeck
Room 574, Claude Pepper Building
111 West Madison Street
Tallahassee, FL 32302-1450
(e) Financial reimbursement forms must be submitted to the State 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. Failure to submit reimbursement requests in a timely manner may result
in the subgrant being terminated.
(f) Agencies that host sobriety checkpoints, shall attach a copy of each After Action Report to the
appropriate quarterly report form..
' Agenda #8B
_.
PROJECT NUMBER: September 11, 2000
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 D.O. T. Use Only) SUBGRANTEE
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION. ~ - City of Atlantic -Beach
Name of Applicant Agency Typed
By:
Title:
Date:
Attest:
By:
Signature of Authorized Representative
John Meserve
Authorized Representafive's Name Typed
Mayor
Title:
Date:
Attest:
Signature of Witness
FEDERAL FUNDS ALLOCATED
ADMINISTRATOR OF IMPLEMENTING AGENCY
By:
Reviewed for the Department of Transportation:
By:
Signature of Administrator
David Thompson
Administrator's Name Typed
Date:
Attorney -DOT
NOTE: No whiteout or erasures accepted on this signature page.
RECYCLED PAPER
Title: Director of Public Safety
18