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Item M3 Revised 2/95 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Bulk Item: Yes No Division: Planning and Research Dir. Patricia Almeda 292-7058 Department: Monroe Counw Sheriff's Office Meeting Date: FEB. 21. 2100 AGENDA ITEM WORDING: Monroe County Sheriff's Office Child Restraint Highway Safety Project Grant ITEM BACKGROUND: The Monroe County Sheriff's Office has joined the Rural Health Network of Monroe County and Healthy Start Nurses in an effort to address the need of the economically disadvantaged families in Monroe County who need car safety seats to protect their young children. The Sheriff's office has provided funding, both through grants and/or forfeiture funding to purchase the car seats and the Rural Health Network assists in identifying and distributing them to the families in need. The grant applied for through the Department of Transportation needs the signature of the County Seat for acceptance. The Monroe County Sheriff's Office will be totally responsible for the funding as well as all the reporting to the DOT. This is a program and partnership we would like to continue providing to our community. PREVIOUS REVELANT BOCC ACTION: None, this is the first year/grant we needed County involvement on a DOT grant for signature. STAFF RECOMMENDATIONS: TOTAL COST:S36.000 reimbursed by State BUDGETED: Yes No COST TO COUNTY: 0_ REVENUE PRODUCING: Yes No x AMOUNT PER MONTH_ Year APPROVED BY: County Atty _ DIVISION DIRECTOR APPROVAL: OE-~ Sheriff Richard D. Roth Risk Management_ 4 DOCUMENTATION: Included To Follow Not Required DISPOSITION: AGENDA ITEM #J - m ~ "'t.T Wt.;)1 L1U reo lJ,Ul lO;JO NU.VVO r.v~ Revised 2/95 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: FEB. 21. 2100 Division: Plannine and Research Du. Patricia Almeda 292~70S8 Department: Monroe County Sherifl's Office Bulk Item: Yes _ No_ AGENDA l1'EM WORDING: ~pprovDl to eXP,f".ut.e t.he' Monroe County Sherin's Office Child Restraint Highway Safety Project Grant ITEM BACKGROUND: The Monroe County Sherin's Office has joined the Rural Health Network of Monroe County and Healthy Start Nurses in an effort to address the need of the economicalJy disadvantaged families in Monroe County who need car safety seats to protect their young children. The Sherin's office has provided fWlding, both through grants and/or forfeiture funding to purchase the car seats and the Rural Health Network assists in identifying and distributing them to the families in need. The grant applied for through the Department ofTransponation needs the signature of Ibe County Seat for acceptance. The Monroe County Sherifl's Office wilJ be tocally responsible for the funding as well as all the reporting to the DOT. This is a program and pannership we would like to continue providing to our community. PREVIOUS REVELANT DOCC ACTION: None. this is the first year/grant we needed County involvement on a DOT grant for signature. STAFF RECOMMENDATIONS: APPROVAL TOTAL COST:S36.000 reimbursed by State BUDGETED: Yes No COST TO COUNTY: 0_ REVENUE PRODUCING: Yes _ No X County AttY.l AMOUNT PER MONTH_ Year APPROVED BY: o;gasins ~ · 44.J ~ SherifTRichard D. Roth Risk Management(i1 R.. 4 DIVISION DIRECTOR AFPROV AL: DOCUMENTATION: Included _ To Follow Not Required AGENDA ITEM "J.:m 3 DISPOSITION: . . (ltV1S10Y\ .,_ _ ... _ __ --. ... . ..-.:..-. ~- --.,-. -.. ........4..-4'_..__._.~_.. ~ .... ST ATE OF FLORe;, DEPARTMENT OF TRANSPORT A TION SUBGRANTAPPUCATION FOR HIGHWAY SAFETY FUNDS FORM 5O().()6S..Ql SAFETY OGC . 08I9{l . . . For D.O. T. Use Only Project Number: DOT Contract Number: Federal Funds Allocated: Date Approved: Subgrant Period: Date Revised: Subgrant History: (1 ) (2) (3) Part I: GENERAL ADMINISTRATIVE INFORMATION (See Instructions for Highway Safety Subgrant Applications) 1. Project Trtle: Monroe County Sheriff's Office Child Restraint Safety Project 2. Type of Application: o Initial <i> Continuation 3. Requested Subgrant Period: October 1. 2000 to September 30, 2001 4. Support Matching Total Sought: $36,000 Share: Budget: $36,000 5. Applicant Agency (Subgrantee): 6. Implementing Agency: Monroe County Sheriff Richard D. Roth 500 Whitehead Street Monroe County Sheriff's Office Key West, FL. 33040 5525 College Road Key West, FL. 33040 I Telephone: (305)294-4641 Telephone: (305)292-7058 7. Federal 10 Number: 8. State SAMAS Number (State Agencies Only) 59-6000753 9. Chief Financial Officer: 10. Project Director Tom Ravenal Director Patricia Almeda 5525 College Road Grant Administrator Key West, FL. 33040 5525 College Road Key West, FL. 33040 I - I Telephone: - - .--- (305)292-7016 Telephone: (305)292-7058 j 11. Project Summary: Briefly describe the problem and the proposed solution. , Monroe County is in a unique situation as it is made up primarily of a chain of 43 islands served by a single highway. In 1997, we recorded 1,250 crashes resulting in 1,270 · inj uries and 17 fatalities. Further analysis has shown that, in 1999 the' number of crashes 1n Monroe County has steadily risen to 1,363 with 1,220 injuries and 25 fatalities. W1th the increasing number of vehicles on our roadways, combined with the fact that many of the drivers are from out of state and even out of the country, the potential of vehicular crashes are enhanced tremendously and the need for extra caution and child safety is r nt i Funds Provided by U.S. Deparrment of Transportation. National Highway Traffic Safety Administration. Catalog of Federal Document Assistance ; Number- 2n.6!JO. State :md ComT"!'tmitf Highway Safety Program . FORM 500.065-01 SAFETY OGe 08199 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. Monroe County Sheriff's Office Child Restraint llighway Safety Grant Statement of the Problem Monroe County is in a unique situation as it is made up primarily of a chain of 43 islands served by a single highway. U.S.,Highway 1, also known as State Road 5 runs from the northern tip of Key Largo all the way to the Southernmost Point in Key West, a total of 113 miles. It is the only roadway giving access to coveted destinations such as Key Largo, Islamorada, Marathon, and ultimately Key West. We have a year round population of 85,000 but support a total yearly population, due to tourism. of over 2.5 million. Many of our visitors come by motorized vehicles. With the increasing number of vehicles on our roadways, combined with the fact that many of the drivers are froIil out of state and even out of the country, the potential of vehicular crashes are enhanced tremendously and the need for extra caution and child safety is paramount. In 1997, we recorded 1,250 crashes resulting in 1,270 injuries and 17 fatalities. Further analysis has shown 1999 the number of crashes in Monroe County has steadily risen to 1,363 with 1,220 injuries and 25 fatalities. Vehicular Accidents in Monroe County 1995-1999 Year Crashes Injuries Fatalities 1995 1,123 1,191 22 1996 1,185 1,290 21 1997 1,250 1,270 17 1998 1,275 1,268 27 1999 1,363 1,220 25 According to the 1997 Childhood and Adolescent Injury Fatalities Facts, Children and adolescents are at particular risk for unintentional injuries. According to the Children's Safety Network, child safety seats use prevented more than 180 deaths and 70,000 injuries in 1991, in Florida. If all occupants age 0 to 4 were restrained. another 200 deaths and 20,000 injuries could be prevented annually. FORM 500-065-01 SAFETY OGe . 08199 Prooosed Solution The Monroe County Sheriff's Office have joined the Rural Health Network of Monroe County and Health Start Nurses in an effort to address the need of economically disadvantaged families in Monroe County who need car safety seats to protect their young children. Together we have developed a program that works to meet the need of car safety seats for infants and young children. We are proud of our program and the comprehensive way it addresses this issue. The Monroe County Sheriff's Office provides funding and support. The Rural Health Network of Monroe County. Fl.. Inc. bas... Developed storage for the seats in three areas of the Florida Keys. Placed routine orders for car seats. Expanded the safety seats program from infant to include toddler. and Booster seats for four and five year olds. Identified the Center for Injury Prevention as a vendor. thereby ProvidiJ;tg the latest in safety seats. \ . Local EMS. .Fire Department personnel and local law enforCement ensure families at risk. not only receive the safety seats they need. but they assist the family in correctly installing the seats. The Monroe County School provides a child safety seat program and certification for the proper use of the seats. A recent addition to the car seat safety program for Monroe County is a special allocation of funds to purchase "special needs" car safety seats. Thanks to the networking developed with the Department of Children and Families: Developmental Services. special needs children are and will be accommodated. Obiectives 1. To increase the number of properly installed child restraint seats by 100/0 2. To increase the overall usage of restraint seats by 10% 3. To increase the availability of special needs equipment for the purpose of safely transporting children with special needs. Evaluation The Monroe County Sheriff's Office will evaluate the overall success of the project based on the number of citations issued for non-compliance with F.SS.316.613 and crash data within Monroe County. Part III: PROJECT DETAIL BUDGET Project Title: Monroe County Sheriff's Office Child Restraint Safety Proj ect 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 - See Budget Narrative $36,000 $36,000 Sub-total $36,000 $36,000 D. Operating Capital Outlay - Sub-total E. Indirect Cost Sub-total Total Cost of Project $36,000 $36,000 FORM 5lJO.065.01 SAFElY OGe 08199 Budget Modification Number: Effective Date: BUDGET NARRATIVE FORM SOO.Q6S.01 SAFElY OGC 08199 Project Number: Project Title: Monroe Count v Sheriff' s Office Chi Id RestrRi nt SRfPty Proj prt Contract Number: The following is a narrative description of the project budget by line item by category, detailing the item and anticipated cost. Each category must be sufficiently defined to show cost relationship to project objectives. Attach additional sheets as needed. Prooosed Budl!et The Monroe County Sheriff's Office is requesting federal highway safety funding from the Florida Department of Transportation to provide the following equipment: Infant Seats 14O@$35.00avg. Convertible Seats 150 @$45.ooavg. Highback boosters 200 @ $46.00 avg. Uno Boosters 300 @ $46.00 avg. Special Needs Car Seats per individual specifications Non-slip seat liner 100 rolls @ $12.00 avg. Locking clipslbelt shortening clips 100 @ $.50 each Additional shipping expenses due to Florida Keys Printed educational materials TOTAL: Al!encv Contact For additional infonnation regarding this proposal, please contact: Director Patricia Almeda Grant Administrator 5525 College Road Key West, Florida 33040 (305) 292-7058 Sandy Higgs Project Manager Rural Health Network, Monroe County FL. Inc., P.O. Box 4966 Key West, Florida 33040-4966 (305) 293-7570 ex. 11 $4,900.00 6,750.00 9,200.00 5,400.00 7,000.00 120.00 50.00 750.00 1.830.00 $36,000.00 Budget Modification Number: Effective Date: Timetable for Milestones Milestones 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter OCT NOV DEC JAN FEB MAR APR MAY JUN JUl AUG SEP Order seats and supplies X Coordinate distribution of X X X seats through Healthy Start Nursing program and Heathy Families-Monroe, and all the fire stations through- out the Florida Keys. Coordinate public awareness X X X X campaign in conjunction with local law enforcement throughout the Florida Keys and the seat belt check- points that are conducted. Coordinate with Children's X X X X X X Medical Services the needs of any special needs children as it relates to equipment necessary for "safe" transportation. - - FORM 500-06~1 SAFETY OGC 08199 1. Mobile computer users will observe the following guidelines: A. Mobile computer users will use passwords and other security measures when logging onto the sheriffs office systems. 8 Mobile computer users will be responsible for the physical security of the mobile computer and wireless connection equipment in their vehicles. R. Safety Belts The use of seat belts can have a significant effect In reducing the number of deaths and the severity of Injuries sustained In a vehicle crash. Increased seat belt usage at all times among members and strict enforcement of the applicable seat belt and child restraint laws remains the single most effective thing the Monroe County Sheriffs Office can do to save lives and reduce Injuries on Monroe County Roadways. 1. It Is the policy of the Monroe County Sheriffs Office that all members will comply with the requirements of F.S.S.316.614-Seat Belt Usage and F.S.S. 316.613-Child Restraints. when applicable. while operating or riding as a passenger at any time In an office vehicle. 2. Any sworn member of this agency shall enforce F .5.5. 3614.614-58at Belt Usage while on- duty. ' 3. Any sworn member of this agency shall fully enforce F.S.S. 3614.613-Chlld Seat Restraints with a zero tolerance while on-duty. Pursuant to F.S.S. 316.614 (4)(a), it is unlawful to operate a motor vehicle unless each passenger under the age of sixteen (16) is properly restrained by a safety belt or child restraint device pursuant to F.S.S. 3 16.613. There is NO statutory exception for law enforcement officers transporting juvenile offenders. 4. All Passengers five (5) years of age or younger shall be transported in a crash tested federally approved child restraint device. Such restraint device must be a separate carrier or a vehicle manufacturer's Integrated child seat for children age three (3) years or younger. 5. Any member who transports a child in an approved separate carrier, or an integrated child seat shall Insure the device is properiy installed/attached to the vehicle seat, in compliance with the manufacturer's recommendations. S. Emergency Notifications The delivery of emergency messages is a basic and legitimate function of Jaw enforcement However, restrictive guidelines are necessary in order to insure that Sheriff's personnel are able to operate effectively and perform their daily objectives. Therefore, the procecl\xes outlined herein shall be followed when accepting and delivering emergency messages, 1. Agency Notification a. Medical Examiner - The Medical Examiner's Office shall be notified by the Homicide Team. (REVISED ON 11-2.00) 32:24 d. __'__' ...__._'_' -.-.--. :...._....._..~ '--....-. 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 Monroe County Name of Applicant Agency Typed By: By: Signature of Authorized Representative Title: Authorized Representative's Name Typed Date: Title: Attest: Date: Attest: Signature of Witness FEDERAL FUNDS ALLOCATED ADM~OR OF IMPLEMENTING AGENCY B~ tuJ ~ 4& Signature of Administrator Approved as to form, legality for the Department of Transportation by: ~~- Richard D. Roth -~- . --- Administrator's Name Typed Title: Sheriff Attorney NOTE: No whiteout or erasures accepted on this signature page. FORM 50C)..0C5..01 SAFETY OGC 08199 ..' RECYC\.EO PAPER @ FORM SOlJ-06S-01 SAFETY OGe - 08199 Part IV: REPORTS Quarterly Progress Report Narrative for the ?nrl quarter. Project Title: Monroe County Sheriff's Office Child Restraint Safety Proiect Project Number: Implementing Agency: Rural Health Network, Monroe County, FL. Inc.. Sandy Higgs 16~~~or: Grant Administrator Patricia Almeda Briefly describe the subgrant activities that took place during the quarter. Attach additional sheets if necessary. The Quarterly Progress Report of Performance Indicators should be sent to the DOT Safety Office along with this narrative at the end of each quarter. QUARTERLY PROGRESS REPORT OF PERFORMANCE INDICATORS for the quarter. Project Title: Monrop c.ollnty Shpriff"s Offj c.e Child Restraint Safety Proiect Project Number: Implementing Agency: Rura: Health Network. Monroe County. FL Inc. Sandy Higgs J6m~Dl:~mr: Grant Administrator Patricia Almeda Milestones Accomplished Performance Indicators Quarter Quarter Six-Month Quarter Quarter Project Ending Ending Totals Ending Ending Totals December 31 March 31 June 30 September 30 FORM 500-065-01 S"FETY OGC 06199 FORM so6-o6~l SAFETY OGe 08199 Final Narrative Report Project Title: Monro&> Cn'lnt"y Sberi ff' ~ Offi rp Chi 1 rI Rp",t"r~int" S~fpt"y Projprt Project Number: Implementing Agency: Rural Health Network. Monroe County. FL Inc. Sandy Higgs Rf~~~ Grant Administrator Patricia Almeda The following is a chronological narrative history of the above listed project in accordance with Part V: Acceptance and Agreement, Conditions of Agreement, 1. Reports. It is an accurate accounting of the project performance and accomplishments. (Attach additional sheets as needed.) FORM 500-065-01 SAFETY OGC . 08Ill9 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 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, 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 whiph 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, Unifor.m 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; OMS Circular A-102, Grants and Cooperative Agre~ments with State and Local Governments; OMS Circular A-110, Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations; OMS Circular A-21 , Cost Principles for Educational Institutions; OMS Circular A-87, Cost Principles for State and Local Governments; and/or OMS 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. FORM 500-065-01 SAFETY OGC - 08199 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 $25,000). 9. Commencement of Projects. If a project has not commenced within 30 days after the acceptance of the subgrant award, the subgrantee will report by letter the steps taken to initiate the project, the reasons for delay, and the expected starting date. If, after 60 days from the acceptance of the award, project activity as described herein has not begun, a further statement of implementation delay will be submitted by the subgrantee to the State Safety Office. If the statement is not received in 60 days, the State Safety Office may cancel the project and reobligate the funds to other program areas. The State Safety Office. where warranted by excusable delay, may extend the implementation date of the project past the 60-day period, but only by formal written approval from the State Safety Office. 10. Excusable DelaY$. (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 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.-1he 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 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 that any failure to perform was occasioned by anyone or more of the said causes, the delivery schedule shall be revised accordingly. FORM 500-065-01 SAFETY OGe - 08199 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 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 packa~e-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 500-065-01 SAFETY OGC.08I99 15. Procedures 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 a Non-Expendable Property Accountability 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 re~ults 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-11 0, 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 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: FORM 500.065-01 SAFElY OGC . 08199 (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 USOOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The subgranteeshall 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 USOOT 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 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 SAFETY OGe . 08199 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. 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. A.II 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 (4~ 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 $100,000. 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 r~placing or repairing any equipment purchased with Federal highway safety funds that is damaged, stolen, or lost, or that wears out as a resu.lt 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, FORM 500-065-0' SAFETY OGC .08199 (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. 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 law 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. Jetter 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 $300,000 or more in Federal awards in its fiscal year, the recipient must have a single or program specific audit conducted in accordance with the United States Office of Management and Budget (OMB) Circular A-133. If a recipient expends less than $300,000 in Federal awards during its fiscal year, an audit conducted in accordance with the OMB Circular A-133 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 Circular A-133, 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 y~ar and elects to have an audit conducted in accordance with Section 215.97, Florida Statutes, and Chapter 10.600, Rules of the Auditor General, the cost of the audit must be paid from non-State funds. FORM 500.065.01 SAFETY aGe. 08/99 Reporting Packages and management letters generated from audits conducted in accordance with OMB Circular A-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 submitted to the State Safety Office. by the recipient, within 30 days of reqeiving 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 y~ar. 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 shall be given to FOOT, 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 10th Street Jefferson, IN 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 AUn: 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. (g) 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 bl}Siness with any public entity. (See section 287. 134(3)(a), Florida Statutes.)