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2001-100 Subgrant w/DOT for PSafety Speed Control ProgramRESOLUTION 100-2001 • A K}:SOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR, VILLAGE CLERK AND PUBLIC SAFETY DIRECTOR TO EXECUTE AND FILE A SUBGRANT APPLICATION SEFiK1NG GRANT FUNDS FOR PURCHASE OF EQUIPMENT TO BE UTILIZED IN THF, PUBLIC SAFETY DEPARTMENTS FISCAL YEAR 2002 SPEED ENFORCEMENT PROGRAM, WHICH SUBGRANT APPLICATION IS ATTACHED TO THIS RESOLUTION AS EXHIBIT "A" ANll MADE A PART HEREOF; AND, PROVIDING FOR AN EFFECTIVE DATE. BE 1T RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby authorize and direct the Mayor, Village Clerk and Public Safety Director to execute and file the subgrant application seeking grant funds for purchase of equipment to be utilized in the Public Safety Departments Fiscal Year 2002 Speed Enforcement Program, which subgrant application is attached as F;xhibit "A" and made part of this Resolution. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 13th DAY OF DECEMBER, 2001. (Village Seal) AT;'F,ST: 1 • VILLAGE CLERK Florida Department o f Transportation JEB BUSH 605 Suwannee Street GOVERNOR Tallahassee, Florida 32399-0450 February 5, 2002 The Honorable David B. Non•is Mayor Village of North Palm Beach 501 U.S. #1 North Palm Beach, Florida 33408 RE: North Palm Beach FY 2002 Speed Enforcement Program Project No.: SC-02-13-12 D.O.T. Conhact No.: AL494 Dear Mayor Non°is: TH0;11AS F. BARRY, JR. sECRET.4RY Your application to the Florida Deparmrent of Transportation for highway safety funds has been approved. We are pleased to make this award in the amount of $20,743 to your agency for the purpose of purchasing traffic enforcement equipment to enhance haffic enforcement in the city of North Palm Beach. A copy of the approved project agreement with the referenced project number and title is enclosed for your file. All correspondence with the Department should always refer to the project number and title. Your attention is directed to Part V of the subgrant entitled "Acceptance and Agreement". These conditions should be reviewed carefully by those persons responsible for project adnunistration to avoid delays in project completion and cost reimbursements. The effective date of the agreement is February 4, 2002, and only those costs incurred on or after that date and before October 1, 2002 are eligible for reimbursement. The National Highway Traffic Safety Adminishation recently informed the Department that new CFDA numbers have been assigned for some of the highway safety funds that Florida received. The CFDA number for this subgrant is 20.600. We look forward to working with you on this project. If you have any questions or need assistance, please contact Lisa Helms at (850) 488-5455, who will be coordinating this activity. Sincerely, George E. Rice, Jr. State Safety Engineer GER njl Enclosures cc: Earl L. Johnson Captain George J. Warren Shaukat Khan Josephine Jones Virginia Waldron Troy Ayers www.dot.state.fl.us ®RECYCLED PAPER Florida Department of Transportation JEB BUSII CO\'ERVOR 605 Suwannee Street Tallahassee. Florida 32399-0450 T110~1:\5 F. 6.iRR\",JR. SECRETAR\' Memo To: Mr. Earl Johnson From: Lisa Helms Date: August 7, 2001 Re: North Palm Beach FY 2002 Speed Enforcement Program The following items will be allowed for purchase under the above-mentioned FY 2002 subgrant application: Operating Capital Outlay Category: Speed Monitoring Trailer (1): $10,440.00 Radar Units (2): $ 3,720.00 In-Car Video (2): $ 8,000.00 Laser Radar Unit (1): $ 3.915.00 Total Operating Capital Outlay: $26,075.00 Total Grant Allocation: $26,075.00 • i www.dot.stete.fl.us ® RECYCIEe FMER ~ ' STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION SUBGRANT APPLICATION FOR HIGHWAY SAFETY FUNDS 500-06501 SAFETY OGC - 07/01 For D.O. T. Use Only Project Number: SC-02-13-12 DOT Contract Number: AL494 Federal Funds Allocated: $20,743.00 Date Approved: 02/04/02 subgrant Period: February 4, 2002 to September 30, 2002 Date Revised: subgrant History: (1) (2) (3) Part I: GENERAL ADMINISTRATIVE INFORMATION (See Instructions for Highway Safety subgrant Applications) 1. Project Title: .North Palm Beach FY 2002 Speed Enforcement Program - 2. Type of Application: ~ Initial ~ Continuation 3. Requested subgrant Period: 10/1/2001 to 9/30/2002 4. Support Matching Total Sought: $20,743 Share: $5,973 Budget: $26.716 5. Applicant Agency (Subgrantee): 6. Implementing Agency: Village of North Palm Beach David Norris, Mayor 501 U.S. #1 North Palm Beach, FL. 33408 North Palm Beach Department of Public Safety Earl L. Johnson, Director of Public Safety 560 U.S. #1 North Palm Beach, FL. 33408 Telephone: (561) 841-3355 Telephone: (561) 882-1143 7. Federal ID Number: 8. State SAMAS Number (State Agencies) 59-601 %984©/~ 9. Chief Financial Officer: 10. Project Director: Shaukat Khan, Director of Finance Village of North Palm Beach 501 U.S. #1 North Palm Beach, FL. 33408 George J. Warren, Captain North Palm Beach Department of Public Safety 560 U.S. #1 North Palm Beach, FL. 33408 Telephone Number: (561) 841-3350 Telephone Number: (561) 841-3318 Fax Number: (561) 881-7469 Fax Number: (561) 881-1141 E-Mail Address: finance(cavillage-npb.org E-Mail Address: captain(c~villape-npb.orq subgrant funds provided by the U.S. Department of Transportation, National Highway Traffic Safety Administration, Catalog of Federal Domestic Assistance Number-20.600, State and Community Highway Safety Program, through the Florida Department of Transportation. • C SPATE OF FLORIDA DEPARTMENT OF TRANSPOIiTATON .,pp~S01 SUBGRANT APPLICATION FOR HIGHWAY SAFETY FUNDS S,FETT OGC • O1A~ FDr 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 Subgran t Applications) 1. Project Title: .North Palm Beach FY 2002 Speed Enforcement Program 2. Type of Application: Q Initial ©Continuation 3. Requested Subgrant Period: 10/1/2001 to 9/30/2002 4. Support Matching Total Sought: $20,743 Share: $5.973 Budget: $26.716 5. Applicant Agency (Subgrantee): 6. Implementing Agency: Village of North Palm Beach North Palm Beach Department of Public Safety David Norris, Mayor Earl L. Johnson, Director of Public Safety 501 U.S. #1 560 U.S. #1 North Palm Beach, FL. 33408 North Palm Beach, FL. 33408 Telephone: 561 841-3355 Telephone: (561) 882-1143 7. Federal ID Number: 8. State SAMAS Number (State Agencies) 9. Chief Financial Officer: 10. Project Director: Shaukat Khan, Director of Finance George J. Warren, Captain Village of North Palm Beach North Palm Beach Department of Public Safety 501 U.S. #1 560 U.S. #1 North Palm Beach, FL. 33408 North Palm Beach, FL. 33408 Telephone Number: (561) 841-3350 Telephone Number: (561) 841-3318 Fax Number: (561) 881-7469 Fax Number. (561) 681-1141 E-Mail Address: finance(c~villape-npb.org E-Mall Address: captainCctlvillage-npb.orA Subgrant funds provided by the U.S. Department of Transportation, National Highway Traffic Safety Administration, Catalog of Federal Domestic Assistance Number - 20.800, State and Community Highway Safety Program, through the Florida Department of Transportation. • Part Ii: PROJECT PLAN AND SUPPORTING DATA ~~t ~t~ OGC-DIAL ate clearly and m detail the aims of the protect, precisely what will be done, who will be Involved, and what is expected result. -Use the following major headings: 1. Statement oithe Problem 2. Proposed Solution 3. Objectives 4. Evaluation 5. Milestones (Use form provided) below and use additional pages as necessary. u 1. Statement of Problem The Village of North, Palm Beach is located between the Town of Lake Park and the Clty of Paim Beach gardens and has a population of approximately 12,582 full time residents. An additional 8,500 people make the vilage their home between the months of November and April. U.S. #1 (State Road 5) Is a main artery for not only the residents of the North Palm Beach, but for all of the surrounding cities. Between the months of November and April, the traffic flow drastically increases. The speed limit on this roadway is 35 mph however the average speed of motorists is between 47 and 54 mph. U.S. #1 is made up of primarily businesses and restaurants. It is often difficult and dangerous for drivers to pull into and out of these places of business. The North Palm Beach Department of Public Safety receNesmany complaints from the merchants, their employees and patrons, as well as other motorists regarding the aggressive driving behaviors on this corridor of U.S. #1. In addltion, these aggressNe driving behaviors cause great concern for this Agency as many children cross this roadway to attend the local elementary school located Just one block west of U. S. #1. The statistics below reflect U.S. #1 only, though this Is not our only problem area. Northlake Boulevard (State Road 850) and Prosperity Farms Road are atso heavily travelled and cause great concern. Category/Year 1996 1999 2000 Speeding 313 370 1,071 Other Traffic Violations 662 1,149 1,736 DUI Arrests 23 34 52 Accidents 278 290 323 Seatbelts 174 401 504 Child Restraints 1 2 11 2. Proposed Solution The Village of North Palm Beach recently established a traffic untt to enforce all traffic laws within the Village. Out proposed solutions are as follows: 1. Outfitting existing vehicles with radar and video to keep enforcement ongoing seven (7) days per week, twenty four (24) hours per day. 2. Increased enforcement of seatbelt and child restraint violations. 3. Use of the traffic monitor to educate motorists and deter speed violations. • u Part II: PROJECT PLAN AND SUPPORTING DATA ~~~ ~.o,~, • C aoaocsol SAFET OGC•01N1 Timetable for Milestones Milestones 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter OCT NW DEC JAN FEB MAR APR MAY JUN JUL AUG SEP Monitor and enforce traffic laws U.S. pt / / / / / / / / / / / / Order Equipment / / Place equipment into operation / / Use Speed MoniWr for Education / / / / / / / / / High visibility saturation patrol U.S. Al / / / / / / / / / / / / Participate in Buckle Up Florida Campaigns / / /- / • • waosso~ Part III: PROJECT DETAIL BUDGET SAFE ooc-orroi Project Title: North Palm Beach FY 2002 Speed Enforcement Program Project Number: Contract Number: BUDGET CATEGORY TOTAL FEDERAL FUNDING NON-FEDERAL STATE LOCAL A. Personnel Services $0 $0 $o $o $o $o -- $o $o $o sib-total ao $o $o $o B. Contractual Services $0 $0 $o Sub-total $0 $0 $0 $0 C. Expenses $0 $o $o $o $o $o $o $o $o sib-total $o $o $o $o D. Operating Capital Outlay Speed Monitor frailer $12,095 $9,048 $0 $3,047 Radar Units (2) $3,750 $2,812 $0 $938 In-car Video (2) $7,950 $5,962 $0 $1,988 Laser Radar Unit $3,895 $2,921 $0 $974 $o $o Sub-total $27,690 $20,743 $0 $6,947 E. Indirect Cost $o $o • $o sub-focal $o $o $o $o Total Cost of Protect $27,690 $20,743 $0 $6,947 Budget Modification Number: Effective Date: • BUDGET NARRATIVE saoacsoi s~~ occ~o~mi Project Title: North Palm Beach FY 2002 Speed Enforcement Program Project Number: _ _ Contract Number: The following is a narrative description of the project budget by line Item by category, detailing the Item and anticipated cost. Each category must be suffic(ently defined to show cost relationship to project objectives. Attach addkional sheets as needed. A. Personal Services: No funds are being requested for this category. B. Contrcatual Services: No fund are being requested for this category. C. Expenses: No funds are being requested for this category. Operating Capital Outlay: 1. Speed Monitor frailer: A SMART radartrallerwith onboard computer will be purchased at a total cost of 512,065. The trailer will be used as an educational and deterrent tool for motorists along U.S. #1. In addition, to advising motorists of their speed, K will be used to generate average speed data along areas of U. S. #1. 2. Dual Antenna Radar Units (2): These radar units will be mounted in patrol vehicles and used for traffic enforcement along U.S. #1. The two units will be purchased for a total cost of 53,750. 3. In-car Video Units (2): These units will be purchased at a cost of 57,950. They will be mounted in patrol vehicles and will be used to vdeotape traffic enforcement encounters and suspected DUI tlrNing actions and roadside tests for later use in court. 4. Laser Radar Unit One (1) laser unit will be purchased at a cost of $3,895. This will be a handheld portable unit that will be used for speed enforcement along U.S. #1. • Budget Modification Number: Effective Date: Part IV: REPORTS ~,' ooc.mo~ 50006101 QUARTERLY PROGRESS REPORT OF PERFORMANCE INDICATORS occ o Ai for the quarter. Project Title: roject Number: mplementing Agency: Project Director: Performance Milestones Acomplished Indicators Quarter Ending December 31 Quarter Ending March 31 Six-Month Totals Quarter E~ng ~~ ~ Quarter Ending September 30 Project T°tais • ~~, Final Narrative Report ~,f~ OGC•07g1 ate, Part V: Acceptance And Agreement occ o~,o Conditions of Agreement. Upon approval of this subgrant Application for Highway Safety Funds, the following terms and conditions shat) become binding. Noncompliance may result In loss of, or delays In, reimbursement of • costs. 1. Reports. The implementing agency 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 implementing agency shall submit a Final Narrative Report, giving a 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 or implementing agency unpaid if the required reports are past due. 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 Protect Detail Budget as approved by the State Safety Office. All expenditures and cost accounting of funds shall conform to 49 CFR, Parl 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•Proflt Organizations; OMB CircularA-21, Cost Principles for Educational Institutions; OMB CircularA-87, Cost Principles for State, Local, and Indian Tribal Government; and/or OMB CircularA-122, Cost Principles for Non•Proflt Organizations, as applicable (hereinafter referred to as Applicable Federal Law). The subgrantee and the implementing agency, by entering into this agreement, certify that they meet and shall comply with the federal statutes, executive orders, and implementing regulations applicable to this subgrant. 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 a0Y public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a pedod 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 Slate 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. ~~, s~~ oc~. wAr 5. Allowable Costs. The allowability of costs Incurred under any subgrant shall be determined 1n 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 with regulations applicable to the implementing agency 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 orout-of-grant-specified work area shall require written approval of the State Safety Office prior to the commencement of actual travel. In addition, prior written approval shall be obtained from the State Safety Office for hotel rooms with rates exceeding $100 per day that are to be reimbursed. 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. For example: (a) Changes in project activities, objectives, milestones, or performance indicators set forth in the approved application. (b) Changes in budget Items and amounts set forth in the approved application. . 8. Reimbursement Obligatlon. The State of Florida's perfomtance 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, Governmentwlde Debarment and Suspension (Nonprocurement) and Governmentwide Requirements for Drug•Free Workplace (Grants), 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 Protects. 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 starling 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 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 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 may include, but are not restricted to, acts of God or of the public enemy, acts of the Govemment in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the failure to perform must be beyond the control and without the fault or negligence of the subgrantee. If the failure to perform is caused by the failure of the subgrantee's or its Implementing agency's consultant or contractor to perform or make progress, and if such failure arises out of causes beyond the control of the subgrantee, its Implementing agency and its consultant or contractor, and without the fault or negligence of any of them, the subgrantee shall not be deemed to be in default, unless (1) the supplies or services to be furnished by the consultant or contractor were obtainable from other sources, (2) the State Safety Office shall have ordered the subgrantee or its Implementing agency in • writing to procure such supplies or services from other sources, and (3) the subgrantee or its Implementing agency shall have failed to comply reasonably with such order. ~~ a~~.~rA, (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 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 may Impose such sanctions, as the Department 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 and Its Implementing agency of such decision 30 days in advance of the effectve 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 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, monitoring procedures may Include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and other procedures. By entering into this agreement, the subgrantee and its implementing agency agree to comply and cooperate with any monitoring procedures deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the subgrantee or its implementing agency is appropriate, they agree to comply with any additional Instruction provided by the Department. The subgrantee further agrees to comply and cooperate with any Inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor General. The Department shall unilaterally cancel this subgrant if the subgrantee or its implementing agency refuses to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S., and made or received by the subgrantee or its Implementing agency in conjunction with the subgrant. 14. Audit. This part is applicable if the subgrantee is a State or local government or anon-profit organization as defined in OMB CircularA-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. ~~~~ ~~ OGC-OTgi 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 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 entices 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. The subgrantee shall ensure that audit working papers are made available to the Department or Its designee upon request for a period of three years from the date the audit report is issued, unless extended in wdcng by the Department. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Records shall also be maintained and accessible In accordance with 49 CFR, Section 18.42 or 49 CFR, Section 19.53. 16. Procedures for Reimbursement. All requests for reimbursement of subgrant costs must be submitted on forms provided by the Department (FDOT Form Numbers 500-065-04 through 07). Appropriate documentation supportive of the reported costs must accompany each claim. The subgrantee or Its implementing agency shall submit financial reimbursement forms to the Safety Office at least once each quarter as costs are Incurred and payment is made. The only exception is when no costs are incurred during a quarter. Reimbursement for subgrants with personnel costs should be made after every two pay periods. Failure to submit reimbursement requests in a cmely manner may result in the subgrant being terminated, All requests for reimbursement of Operatng Capital Outlay Items having a unit cost of $5,000 or more and a useful life of one year or more shall be accompanied by a Non-Expendable Property Accountability Record (FDOT Form No. 500-065-09). Payment of the Operating Capital Outlay costs shall not be made before receipt of this form. A final financial request for reimbursement shall be submitted to the State Safety Office within 30 days after the end of the subgrant period. Such request shall be distinctly Identified as Final. Failure to submit the invoice in a timely manner may result In denial of payment. The subgrantee agrees to forfeit reimbursement of any amount Incurred If the final request is not_ received within 30 days of the end of the subgrant period. 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. so~~ SAFEry OG6 •GIg1 In addition to the provisions for 49 CFR, Part 18 and 49 CFR, Part 19, the State Safety Office reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others • to use: (a) The copyright in any work developed under a subgrant or contract under a subgrant; and (b) Any rights of copyright to which a subgrantee or a contractor purchases ownership with subgrant support. 18. Property Accountability. The subgrantee or Its implementing agency shall establish and administer a system to control, protect, preserve, use, and maintain and dispose of any property furnished by the Department, or purchased pursuant to this agreement in accordance with Federal Property Management Standards as set forth in 49 CFR, Section 18.32, 49 CFR 19, Section 19.34, or OMB Circular A-110. This obligation continues as long as the property is retained by the subgrantee or its implementing agency, notwithstanding the expiration of this agreement. 19. Disputes. Any dispute, disagreement, or question of fact arising under the agreement shall be decided by the State Safety Office in writing and shall be distributed to parties concerned. A written appeal may be made within 30 calendar days to the Governor's Highway Safety Representative at the Florida Department of Transportation, 605 Suwannee Street, MS 57, Tallahassee, Florida 32399-0450, whose decision is final. The subgrantee and its implementing agency shall proceed diligently with the performance of the agreement and in accordance with Department's decision. 20. Conferences, Inspection of Work. Conferences may be held at the request of any party to this agreement. Representatives of the Department or the U.S. Department of Transportation (USDOT), or both, shall be privileged to visit the site for the purpose of Inspection and assessment of work being performed at any time. 21. Publication and Printing of Observational Surveys and Other Reports. (a) Before publication or printing, the final draft of any report or reports required under the agreement or pertaining to the agreement shall be submitted to the State Safety Office for review and concurrence. (b) Each publication or other printed report covered by Paragraph 21.a. above shall include the following statement on the cover page: (1) This report was prepared for the State Safety Office, Department of Transportation, State of Florida, in cooperation with the National Highway Traffic Safety Administration, U.S. Department of Transportation and/or Federal Highway Administration, U.S. Department of Transportation. (2) The conclusions and opinions expressed in these reports are those of the subgrantee and do not necessarily represent those of the State of Florida, Department of Transportation, State Safety Office, the U.S. Department of Transportation, or any other agency of the State or Federal Government. 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. 23. Responsibility for Claims and Liability. Subject to the limitations of Section 768.28, Florida Statutes, the subgrantee and its implementing agency shall be required to defend, hold harmless and indemnify the Department, NHTSA, FHWA, and USDOT, from all claims and liability, or both, due to negligence, recklessness, or intentional wrongful misconduct of subgrantee, Implementing agency, and its contractor, consultant, agents and employees. The subgrantee and Its Implementing agency shall be liable /or 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 maleriats would exercise. s~~ OGC. Wq~ 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 1n 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 and its implementing agency agree to Include the following assurance in each contract with a consultant or contractor and to require the consultant or contractor to Include this assurance in all subcontract agreements: The consultant or contractor and subconsultant or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The consultant or contractor shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of USDOT-assisted contracts. Failure by the consultant or contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the subgrantee, its implementing agency, or the Department deems appropriate. 25. Restrictions on Lobbying. The subgrantee end its Implementing agency agree to comply and require consultants and contractors to comply with 49 CFR, Part 20, New Restrictions on Lobbying, 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 aNected. In such an Instance the remainder would then continue to conform to the terms and requlrements of applicable law. 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. 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. a SAFEN OGC •OIN7 30. Clean Air Act and Federai 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.). The subgrantee shall Include this provision in all subcontract awards In excess of $100,000. 31. Personnel Hired Under Agreement. The head of any implementing agency receiving first year funding for a new position(s) through a subgrant shall provide written notification within 30 days of the agreement being awarded to the State Safety Office that a new position(s) has been created in the agency as a result of the subgrant being awarded. Any and all employees of the subgrantee or implementing agency whose positions are funded, in whole or in part through a subgrant, shall be the employee of the subgrantee or Implementing agency only, and any and all claims that may arise from said employment reta0onship 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. 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 or Its implementing agency for the purposes descdbed in the subgrant. 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. 34. Ineligibility for Future Funding. The subgrantee and Its implementing agency agree that the Department may 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 attached to the subgrant application. 36. Safety Belt Enforcement. All law enforcement agencies receiving subgrant funds shall have a standard operating procedure regarding enforcement of safety belt and child safety seat violations. A copy of the procedure shall be attached to the subgrant application. 37. Certification for Equipment Costing More than $500 per Item. The head of any implementing agency purchasing equipment costing more than $500 par Item shall send a letter to the Safety Office upon award of the subgrant certirying 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 Quartedy Progress Report of Performance Indicators. This requirement applies to all law enforcement agencies, regardless of the program area for which they are being funded. sum OCC•07A1 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 AutomobAe Association (AAA) as a Certified Child Passenger • Safety Technician within 90 days of the effective date of the subgrant. Failure to comply with this provision shall result in the termination of this agreement. 40. Special Conditions. - PROJECT NUMBER: SC-02-13-12 500.065.01 snFen OGC • 07101 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 DEPARTMENT OF TRANSPORTATION Vi 11 age of North Palm. Beach Name of Applicant Agency Typed By: B y: re ofAu orized Repres tative Title: State Safety Engineer David B. Norris Authorized Representative's Name Typed Date: ~~~/ l-J~ - T Title: Mayor • Attest: 12/ 13/2001 Date: Att . FEDERAL FUNDS ALLOCATED Signature of Witness $20, 743.00 ADMINISTRATOR OF IMPLEMENTING AGENCY ~' ~ 1 By: ~~~" ~.~~ :> ~ _ ~. Reviewed for the Department of Transportation: Signature ofAdministrator ~s ~ Earl i;. !Johnson _; - .., ~ By: ~ ~.---- ~~ , _-~ Administrator's Name Typed Affom~y -DOT Date: ` Title: Director of Public Safety NOTE: No whiteout or erasures accepted on this signature page. PROJECT NUMBER: s~~ occ•orai 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 n the day, month, and year set out below. (For DOT Use Only) SUBGRANTEE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Village of North Palm Beach Name olApplicant Agency Typed sy: By: re olA orized Repres tative Title: David B. Norris Authorized Representative's Name Typed Date: Title: Mayor Attest: Date: 12/ 13/2001 Att FEDERAL FUNDS ALLOCATED Signature of Witness ADMINISTRATOR OF IMPLEMENTING AGENCY By: Reviewed for the Department of Transportation: Signature olAdminlstrator B y: ' T d Attorney -DOT s Name ype Administrator Date: Title: NOTE: No whiteout or erasures accepted on this signature page. .. r L r L PROJECT NUMBER: s~~, s~Fett OGC ~ 07g7 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 n the day, month, and year set out below. (ForDOT Use Only) SUBGRANTEE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Villa a of North Palm Beach 9 Name o/Appllcant Agency Typed By: By: Si of zed Representati e Title: David B. Norris Authorized Representative s Name Typed Date: Title: Mayor Attest: 12/13/2001 Date: A e FEDERAL FUNDS ALLOCATED Signature of Witness ADMINISTRATOR OF IMPLEMENTING AGENCY By, . Reviewed for the Department of Transportation: Signature o/Administrator By: Attorney -DOT Administrators Name Typed Date: Title: NOTE: No whiteout or erasures accepted on this signature page. • • PROJECT NUMBER: waossoi SAFETY occ.o>mi 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) SUBORANTEE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Vllage of North Palm Beach Name o/Applicant Agency Typed By: ey. Signatu Auth 'z d Repres ntative Tdle: David B. Norris Authorized Representative's Name Typed Date: Title: Mayor Attest: Date: 12/ 13/2001 Atte . FEDERAL FUNDS ALLOCATED Signature ofWtness ADMINISTRATOR OF IMPLEMENTING AGENCY ey: Reviewed for the Department of Transportation: Signature of Administrator B : Earl L. Johnson y ' Attorney -DOT Administrator s Name Typed Date: TRIe: Di t f P bli S f t rec or o u c a e y NOTE: No whiteout or erasures accepted on this signature page. `i~ • Florida Department of Transportation JEB Buses 605 Suwannee Street THO~I.aS F. BARRY,JR. COYERVOR Tallahassee, Florida 32399-0450 SECRETARY July 30, 2001 Mr. Earl L. ]ohnson, Director North Palm Beach Department of Public Safety 560 U.S. Highway 1 North Palm Beach, Florida 33408 Re: North Palm Beach Speed Enforcement Dear Mr. Johnson: Congratulations, your agency has been selected to receive Highway Safety Grant Funds in the amount of $26,075, for the above referenced project. $26,075 in the OCO category Representatives from your agency with oversight responsibility for both the programmatic (project director) and financial (financial manager) aspects of your grant are required to attend a grant funding workshop in Tallahassee, from 10:00 am to 2:00 pm, on August 21, 2001. Agencies that do not participate in the workshop will not be funded. This workshop will provide agencies with step-by-step instructions on completing their application forms, as well as specific instructions on preparing reimbursement claims. Travel to the workshop will be reimbursed by this office through a grant with the University of North Florida. Participants traveling 250 miles or less will be provided reimbursement for a rental car (carpool if possible with others in your area), and a one night hotel stay. This office will arrange reservations. Those traveling over 250 miles will be reimbursed for round trip airfaze. A shuttle will be provided from the airport to the meeting facility. Please have the representatives attending the meeting complete the enclosed travel authorization request forms. Fax a copy of the forms back to this office at 850.487-4224, and have the representatives bring their original Navel forms to the workshop. Travel reimbursement forms will be completed before the end of the workshop. Enclosed is a map to the Department of Transportation Auditorium, where the workshop will be held, as well to the hotel for those approved for hotel reimbursement. If you have any questions please call Lisa Helms, at 850-488-5455. Sincerely, Carla Sims Traffic Safety Administrator CGS:njl • ec. Sgt. Gordon Lerner Attachments www.dot.state.fl.us ®iIECVCIEDPMEH