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Exh 8B4 Io-II- 99 STAFF REPORT CITY OF ATLANTIC BEACH CITY STAFF REPORT AGENDA ITEM: Grant Application DATE: October 5, 1999 :u~ SUBMITTED BY: David E. Thompson, Director of Public Safety BACKGROUND: Over the past year, the Police Department (Sgt. Barbara Sumrall) has been pursuing grant funding for one fully outfitted police car for DUI enforcement, and additional equipment to outfit an existing patrol car with DUI equipment. Through the State Department of Transportation, funding is available for these purposes. Atlantic Beach Police Officers already work with other agencies and plan their own initiatives for DUI enforcement. However, the proposed grant will provide additional equipment and better documentation for DUI cases, and it will establish the DUI enforcement function as a priority in the Police Department. The grant does not require any matching funds, but it requires the Mayor's signature on the application. The grant will require the Police Department to operate several DUI initiatives including working with other local agencies. RECOMMENDATIONS: To authorize the Mayor to sign the grant application. ATTACHMENTS: Grant Application and attached paperwork REVIEWED BY CITY MANAGER: _ __ __ _ AGENDA ITEM NUMBER: . g•~p~F REPORT POLICE DEPARTMENT Date: 09-29-99 By: J. Campbel~/ Subject: D.U.I. Enforcement Grant Backaround• The Florida Department of Highway Safety Vehicle Crash Records shows that in 1997 more than 14.69% of traffic crashes in Atlantic Beach were alcohol related. Increased Driving under the Influence of Alcohol Enforcement by officers of this department has lowered this from 16.79% in 1.996, but more needs to be dons to lower it further. Recommendation: I recommend the filing of the attached grant applica±ion for the reimbursement of the cos± for one totally equipped police vehicle with in the car video camera equipment to be used for D.U.I. Enforcement, and an additional in the car video system to be installed in an existing vehicle. The purchase of this equipment will allow the police department to conduct safe and more efficient D.U.I. enforcement operations against D.U.I. drivers. These operations will include checkpoints, select nights to target D.U.I. drivers, as well as roving operations included in daily traffic enforcement. Funding: There is no matching funds needed for this grant. It is a straight grant to reimburse up to $36,800.00 in capital outlay for this equipmen±. Florida Department of Transportation JEB Buses 605 Suwannee Street GOVERNOR Tallahassee, Florida 32399-0450 September 2, 1999 Sgt. Barbara L. Sumrall Atlantic Beach Police Department 850 Seminole 1Zoad Atlantic Beach, Florida 32233 Dear Sgt. Sumrall: THOMAS F. BARRY, JR. SECRETARY Enclosed is one copy of the newly approved application form for your FY 2000 highway safety subgrant. The title of the project should be Atlantic Beach DUI Enforcement Program, This will be considered a initial project. The City of Atlantic Beach is Applicant Agency, and the Police Department is the Implementing Agency. The Project Director should be a supervisor who will be familiar with the subgrant activities and who will be able to meet with me when I make monitoring visits. The FY 2000 highway Safety Plan allocates up to $36,800 in Operating Capital Outlay for this project. This amount includes reimbursement for the purchase of a patrol vehicle equipped with radar and in-car video for DL~I enforcement purposes. The application form has been revised for this year, and you must use the new form. I recommend that you make several extra copies of the form and that you read Part V. Please complete the revised form, and send one copy with at least three signature pages to us as soon as possible..All signatures must be original, and the signature of the "Authorized Representative of the Subgrantee"must be witnessed and dated. In addition, all pages mast be numbered. Please keep at least one completed copy and a blank form in case you need to make changes prior to the subgrant being awarded. A sample application form is included. The examples printed in blue ink correspond to places where you need to fill in information. Some of the information from your concept paper ean be used in Part II of the application. I have also enclosed budget pages and a performance indicator report page based on your concept paper that you can use in your application. Complete the top sections of these three pages if you choose to use them. If budget authority is approved, subgrants will be awarded as soon as possible after October 1. Please call me at (850} 488-5455 if you have any questions. Sincerely, Roger J. Doherty Certified Law Enforcement Planner Enclosures file: 610 WWw.dot.state.fl.us ®RECYCLED PAPER FORM 500..0g5.0~ SAFT! OGC -08199 STATE OF F;O?IDA vcP3RTMENT O~ TRAT:SPORTATIO~: ~, __- SUBGRANT APPLICATION FOR HIGHWAY SAFETY FUNDS I 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) City of Atlantic Beach DUI Enforcement Project- 1. Project Title: ~, ,, _ ~~, 2. Type of Application: ®Initial ~ Continuation 3. Requested Subgrant Period: October 1, 1999 to September 30, 2000 4. Support Matching Total Sought: Share: Budget: 5. Applicant Agency (Subgrantee): 6. Implementing Agency: City of Atlantic Beach Atlantic Beach Police Department Susan Shaughnessy, Mayor David Thompson. Chief. of Police 800 Semenole Rd. 850 Seminole'Rd. Atlantic Beach, Florida 32233 Atlantic Beach, Florida 32233 Telephone: (904)2475800 Telephone: (904)2475859 7. Federal ID Number: 8. State SAMAS Number (State Agencies Only) 59-600267. 9. Chief Financial Officer: 10. Project Director: Nelson VanLiere, Comptroller Sat. B, L. Sumrall City of. Atlantic Beach Atlantic Beach Police Department 800 Seminole Rd. 850 Seminole Rd, Atlantic Beach, F1 32233 Atlantic Beach, Florida 32233 Telephone: (904)2475800 Telephone: 11. Project Summary: Briefly describe the problem and the proposed solution. The purchase of the equipment in this pro posed grant will allow the police department to conduct safer D.U.I. enforcement with greater efficency'; reliability and visibility, Funds Provided by U.S. Departmenf of Transportation, Na6~ona1 Highway Traffic Safety Administration, Catalog of Federal Document Assistance Number- 20.5Q0. Sta,`e and Commu^:ry i-righwa;~ Safety Program. FORM ` ~GS-0t SAFETY Part•II: PROJECT PLAN AND SUPPORTING DATA 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) 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 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 and IvTeptune 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 a part of our officers on going training each officer attends the IPTNI advanced DUI enforcement training to assist the officers in better case preparation and arrest conviction. The city of Atlantic Beach would 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 14.69% of the total for 1997 were alcohol related (1998 figures not available). In 1996 the figure was 16.79% In 1995 the figure was 24.32%. 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. AlA and 40,000+ on State rd. 10. While conducting DUI enforcement, a need for additional equipped vehicles was identified. These vehicles are needed for the safety of the officers and the public as well to enhance the D.U.I. traffic enforcement capability. The needs include two netiv cars equipped with radios, in car video, specialized radar equipment and safety equipment (alight bar and accessories). ~ri DUI Enforcement Concept Paper Atlantic Beach Police Department Page 2 2. Proposed Solutions The purchase of this equipment in this proposed grant will allow the police department to conduct safe and 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 ten hours of this type enforcement each week. A task force will be created and staffed with one supervisor and five patrolmen and scheduled for five hours or more at night, during peak DUI activities. The task force will be coordinated with surrounding agencies when possible as a county wide effort. The sobriety checkpoints are set up on the main arterial roadways. A request for temporary closing or use of State Roads will be made for each checkpoint. All check point areas will be will marked with temporary signs and lighting. 3.Objectives The objectives for 1999/2000 is to reduce the percentage of alcohol related traffic crashes by ten percent, compared to the reported traffic crashed in 1997, 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. 3 FORM 500.085-01 SAFETY Timetable for Milestones M i I esto n es 1 st 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 Receive equipment and place into service X- ---- --X Conduct DUI Checkpoint 1 1 1 1 Officers assigned to PM shift to detect DUI drivers 2 2 2 2 2 2 2 2 2 2 2 2 d FORM 500.085-01 SAFETY - OGC - 08/96 Part III: PROJECT DETAIL BUDGET Project Title: Atlantic Beach Police D.U.I. En orcement 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 36;800 36`:'800 Vehicle Sub-total E. Indirect Cost ` Sub-total Total Cost of Project 36, 800 36;800 Budget Modification Number: Effective Date: Jr' FORM500-065-01 SAFETY occ . rwroa BUDGET NARRATIVE 'rajectTitle: Atlantic Beach Police Department D.U.I. Enforcement Program Project Number: Contract Number: The following is a narrative description of the project budget by fine 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 $38,600 Costs to be reimbursed in this category include one police vehicle for use in DUI enforcement. Included in the cost of the vehicle are the following items: cage, radio, radar, in-car video system, lights and striping. One in car video including installation and hardware to be installed in a preexisting vehicle Budget Modification Number: Effective Date: FORM 500.065-01 SAFETY w~. • util~Jg Part IV: REPORTS Quarterly Progress Report Narrative for the quarter. Project Title: Atlantic Beach Police Department I];~.t1. I . Enforcement Program Project Number. Atlantic Beach Police Department Implementing Agency: Project Director: Sgt. B. L. Sumrall Briefly describe the subgrant activities that took place during the quarter. Attach additional sheets if necessary. The Quarterly Progress Reporf of Performance Indicators should be sent to the DOT Safety Office along with this narrative at the end of each quarter. 1 FORM 500-p6$.p~ SAFETY OGC -08199 - ~ QUARTERLY PROGRESS REPORT OF PERFORMANCE INDICATORS for the quarter. Project Title: Atlantic Beach Police Department D.U.I. Program Project~Number: Implementing Agency: Atlantic Beach Police Department Project Director: Sgt. B.. L: Sumrall Milestones Accomplished Performance Indicators Quarter Quartet Six-Month Quarter Quarter Project Ending Ending Totals Ending Ending Totals December 31 March 31 June 30 September 30 Number of D.U.I. arrests made by officers using grant equipment Number of other Hazardous moving citations issued by officers using grant~eq. Number of D.U.I. checkpoints using grant equipment Number of D.U.I. arrest made at Checkpoints Number of D,U.I, checkpoints hosted by other agencys at which A.B.P.D. officers assisted. I FORM 500-085.p1 SAFELY Final Narrative Report Project Title: Atlantic Beach Police Department D.U.I. Enforcement Project Project Number: Implementing Agency: Atlantic Beach Police Department Project Director: Sgt B 1 Sumrall The following is a chronological narrative history of the above listed project in accordance with Part V.' Acceptance and Agreement, Conditions ofAgreement, 1. Reports. It is an accurate accounting of the project performance and accomplishments. (Attach additional sheets as needed.) ~- FORM 500-065-01 SAFETY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE SAFETY OFFICE Part V: ACCEPTANCE 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 cost reimbursement. The term subgrantee as used in Part V refers to the subgrantee and its implementing agency. Part I through Part lV, attached to this agreement, are incorporated by reference herein. 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, and October 31 if there was subgrant activity during the quarter prior to the deadline. The subgrantee shall submit a Final 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 State 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 and 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. 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. 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 P,pp!icab!e Federal Law and state la~v, to be eligible for reimbursement. IU FORM 500-065-07 SAFETY OGC -08/99 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 Approval 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 witi~~ 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 contractor 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 i got 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 shalt have ordered the subgrantee in writing to procure such supplies or services from other sources, and (3) the subgrantee shat! 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 that any failure to perform was occasioned by any one or more of the said causes, the delivery schedule shall be revised accordir-gly. FORM 506-065-01 SAFETY 11. O~ligstion 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, riotwithstanding 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 sanction. 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 collection forms shall be submitted to the State Safety Office program manager by the subgrantee within the earlier of 30 days after the receipt 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 subgrantee'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 to 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 Department to be misspent must be refunded to the Department, regardless of disclosure in the audit report. . ~ .~_ FORM 500-p65.p~ SAFETY OGC - 08/99 'i5. rroc2duras 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). Appropriate 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 Capital 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 Accounfability 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. ~, Yvritten appal muy 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 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: J ~~ FORM 500-065-01 SAFET( (c} Failure to provide required quarterly and fnal reports in the required time frame, (d) Failure to perform work described in Part If 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. ___~___ FORM SOO.pBS.Ot SAFEfI' --(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. 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 its 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 2F 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 subcontracf 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 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 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. .~_ FORM 500.065-01 SAFEfY Ito'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. All 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 5100,000. 31. Personnel. The head of any subgrantee receiving first year funding for a new positions} 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, 1 !,~ FORM 500-p5g,p1 SAFETY OGC - 0&gg PROJECT NUMBER: 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 ofApplicantAgency Typed By: By: Signature ofAuthorized Representative Suzanne Shaughnessy Title: Authorized Representative's Name Typed Mayor Date: Title: Attest: Date: Attest: Signature of Witness FEDERAL FUNDS ALLOCATED ADMINISTRATOR OF IMPLEMENTING AGENCY $36,800.00 By: Signature ofAdministrator Approved as to form, legality for the Department of David Thompson Transportation by: Administrator's Name Typed Title: Chief of Police Attorney NOTE: No whiteout or erasures accepted on this signature page. RECYCLED PAPER 1 FORM 500.pgs.pj SAFETY OGC • 08/9g PROJECT NUMBER: 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 ifs entirety. Now, therefore, in consideration of the mutual covenants, promises and representations herein have executed this Agreement by their undersigned officials on the day, monih, and year set out below. (For D.O. T. Use Onfy) SUBGRANTEE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION City of Atlantic Beach Name of Applicant Agency Typed By: Signature of Authorized Representative Suzanne Shaughnessy Title Date: Attest: By: Authorized Representative's Name Typed Mayor Title: Date: Attest: Signature of t~tness FEDERAL FUNDS ALLOCATED ADMINISTRATOR OF IMPLEMENTING AGENCY $36,800.00 t3y: Signature of Administrator Approved as to form, legality for the Department of Transportation by: David Thompson Administrator's Name Typed Title; Chief of Police Attorney NOTE: No whiteout or erasures accepted on this signature page. RECYCLED PAPER