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02/21/2001 ST"'TE OF FlORCA OEPAATt.lEon OF TRANSPORTATION SUBGRANT APPLICATION FOR HIGHWAY SAFETY FUNDS " CLERK'S ORIGINAL j S^" ETY 0Cc . 05i9\l F'JI' D.O. T. Use Only Project Number: FM-01-25-02-01 DOT Contract Number: AJ929 Federal Funds Allocated: $75,000.00 Date Approved: 3/26/01 Subgrant Period: March 26, 2001 - September 30, 2001 Date Revised: Subgrant History: (1) (2) (3) Part I: GENERAL ADMINISTRATIVE INFORMATION (See Instructions for Highway Safety Subgrant Applications) 1. Project Title: ---The Monroe County Sheriff's Office Motorcycle- Safety Project 2. Type of Application: <>> Initial 0 Continuation 3. Requested Subgrant Period: October I, 2000 to September 30, 2001 . 4. Support $75;000 Matching Total $75,000 Sought . Share: Budget: '; S. ~JiGilQlAg.eQ(:y.'{S~e.ex 6. Implementing Agency: Monroe County Board of County 500 Whitehead Street Commissioners Monroe County Sheriff's Office Key West, FL. 33040 5525 College Road Key West, FL. 33040 CJ N u..J ~ - -- N t.:l ....J Sheriff Richard D. Roth . . u.. ' .. .. <1;: r - ..::r :r::~>= lu _-l U ..-- I Te:et)lion~ ( . '94-4641 Telephone: (305)292-7058 7. ;F~de&tID ~~~r: 5q- ~()O 0 7f1 00 f 8. State SAMAS Number (State Agencies Only) ~6 -. t. - 9. ChierF~nanci.al Officer: 10. Proj ec t Director . ':J 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)292-70-16- Telephone:- ---'-- -.. (305)292-1058 . '- I I 11. Project S~mmary: f3rienx~eSCribe thenrarot>iem apd the.r.roposef l~utio~ i Monroe ounty 1S m e up pri ar1 y 0 a cain 0 is ands served by a single highway, ~which gives access to such destinations as Key Largo, Islarnorada, Marathon, and ultimately ,Key West. ~e have a year rou~d ~opulation of 85,009 ~ut support a total yearly population, ;due to tour1sm of over 2.5 m11110n. Many of our V1s1tors come b motorcycle, as we have 'a year-round climate that is commensurate to motorclcle travel. ~ith the increasing numbe~ of vehicles on our roadways, the danger to motorcyc ists has increased tremendouslr' 'Between the years of 1995 and 1997, we recorded 433 crashes~ and between 1998 and 999, we recorded 393. We would like to increase our Motor Unit by ~ to a total number of 6 motors, thus helping us target high crash locations and help decrease the rate of motorcycle injur' s . Funds Provided by U.S. Deparrment of Transpol1ation. National Highway Tramc Salety Admnistration. Catalog of Federal Document Assistance ; Number - 7n 6!){). Slate :3nd COml!'l!nd;t ~ighway Safety Program FORM ~>Dl SJ.FETY OGc . D6i119 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 res~lt. 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. 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 I, 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 motorcycle, as we have a year-round climate tlU11 is commensurate to motorcycle travel. With 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 danger to the motorcyclist is enhanced tremendously and the nee.d for extra caution, safety, equipment, training and enforcement is paramount. Between the years of 1995 and 1997, we recorded 433 crashes involving motorcycl~s resulting in 497 injuries and 9 fatalities. /' Further analysis has shown that in 1998 and 1999 the number of motorcycle crashes in Monroe County has risen to 198 and 195 including 2 and 3 fatalities respectively, with 220 injuries each year. Motorcycle Crashes, Monroe County, 1995-1999 Motorcycle Total Year Crashes Injuries Fatalities Crashes Injuries Fatalities 1995 117 138 3 1,123 1,191 22 1996 135 154 3 1,185 1,290 21 1997 181 205 3 1,250 1,270 17 1998 198 220 2 1,275 1,268 27 1999 195 220 3 1,363 1,220 25 1 Sergeant and 8 Deputies currently staff the Monroe County Sheriffs Office Traffic Enforcement Unit. We currently operate 4 Police Motorcycles but would like to increase that number within the next year. We would like to train all 9 Traffic Deputies in the operation of Police Motorcycles. This would enable us to keep the motors in service even during periods of officer's vacation, sickness or injury. We would like to increase our Motor Unit by 2 to a total of 6 motors, thus helping us to target high crash locations and help decrease~e rate of motorcycle rider injuries. We have found that the police motorcycles are much more suited to our traffic enforcement efforts as they are lower profile, quicker from start and more maneuverable. . They are however much more inclined to cause injury to officers if they are involved in accidents. We have had five officers involved in motorcycle accidents in the past 10 years and the overall cost of these accidents in loss of manpower, medical expenses, risk management and equipment has proven , to be overwhetming: Better training and safety equipment for our motor officers would limit the likelihood of these losses and injuries. 2 F~M 500.0ss..o, SAFElY OGc . 08lllV Our County's tourist season has expanded from a limited winter season years ago to almost year round at the present time. The ability of a motorcycle officer to enter and exit congested traffic situations is undisputed. Numerous motorcycle events in and around the Keys bring countless numbers of motorcycle enthusiasts here to vacation and party. We have found the presence of our limited nwnber of motorcycle officers in and around these events has a positive and calming effect on the other motorcycle operators and guests alike. If we could expand our squad to enable us to show more coverage on the road and at these events we could influence the riding public as well as the car motoring public to be safety minded and take greater care in operation. It would also allow us to involve motorcycle expertise in public awareness training and citizen workshops aimed at motorcycle and moped safety, NHTSA concludes in their 1998 Traffic Safety Facts publication that, "41 percent of all motorcyclists involved in fatal crashes were speeding. The involvement in fatal crashes was approximately twice as high for motorcyclists as for drivers of passenger cars or light trucks, and the percentage of alcohol involvement was more than 50 percent higher for motorcyclists." Proposed Solution Our solution proposal takes on three basic points: Training and Safet.r Equipment for Motorcycle Officers: Even though the price of operation is high, we feel the use of the police motorcyCle in traffic enforcement is indispensable and would like to better prepare and equip out officers to perform those duties. Better training and equipment are the foundations fOf safe and constructive operation and dut).. All of the members of the unit who are not presently assigned as such have shown tremendous interest in preparing to be motorcycle officers. They have all taken it upon themselves, at their own expense, to travel to Homestead, Florida and complete a motorcycle safety course and obtain a motorcycle endorsement. We now need to supply them with a motorcycle and training for that tool. We would like to purchase two Harley Davidson Road King Police Motorcycles to match the four that we presently operate. We fumIer need police motorcycle training for all members of the Traffic Enforcement Unit. This would also require the equipping of the officers with the necessary safety gear to perfoml motorcycle duties. The Traffic Unit Supervisor who is certified as a Police Motorcycle Instructor will do the training. We plan on inviting an outside instructor to assist in the police operator class du~ to the high liability of this training and insuring a small instructor/student ratio for individual need assessment. This will require travel and accommodations for two weeks. We have already spoken Captain Fortune of the Key West Police Department would like to send I~is motor officers to this training as well. It will be necessary that we be supplied with the equipment for the course setup. This equipment could be. used for the public awareness events as well as the citizen rider training and moped training classes planned and explained below. Public Awareness Events and Citizen Educational Training: The Monroe County Sheriff's Office plans to conduct public awareness programs within the community to include motorcycle safety workshops, high school on-campus awareness classes, awareness training for car drivers and motorcycle rider safety training. The workshops and awareness classes will be conducted quarterly. The rider safety training classes will be offered at least semi annually. 3 . "' FOItM ~s.cl SAFETY OGc - 08lllV Mopeds are a main type of transportation here in our island communities, especially in the City of Key West. We will partner with Key West to either produce a series of videos to be distribute~ to local moped rental agencies, hotels, motels, guesthouses and local television stations or offer quarterly moped operators' workshops. The maximum attendance allowed will be 50 per class. We vljll teach operation and awareness to young and old riders. We would like to offer free helmets to anyone completing this scheduled training. Even though helmets are not required except for young riders, we feel they would add a degree of safety and awareness. We will coordinate our efforts with the present Community Traffic Safety Teams for extended saturation of information and for their input and assistance. The Public Infonnation Office for the Sheriff will be ' responsible for the continued structuring of public service announcements targeting motorcycle/moped safety and car driver awareness. These announcements will be at least one per week distributed to every . radio station and written media that will participate. Traffic Enforcement Operations: We believe there is a clear indication that enforcement of the speed laws pertaining to all vehicles, particularly motorcycles, is of paramount importance in lowering the number of fatalities and injuries we are experiencing in motorcycle crashes on our highways. Because of the difficulty of detecting and pursuing motorcycle violators, it is necessary to plan specific enforcement operations with equipment suited for that task. Operations will be primarily scheduled around events that tend to bring large numbers of motorcyclists to the Keys. Those events are, but are not limited to, the week prior to and the week after the Daytona Motorcycle Races, the we<?k of Fantasy Fest, the weeks of the Motorcycle Poker Runs, the weeks of Spring B~eak, the Toys for Tots nul and other yearly scheduled motorcycle events. It is the belief of the Monroe County Sheriff's Office that during these events a strong enforcement effort at the beginning of the week would set the tone for the driving habits of the riders. A consistent enforcement effort throughout the week would sena a message that we are serious about the safety of our residents and visitors alike. With the proper equipment and services we could show a consistent enforcement effort and impact the overall motorcycle riders' basic focus towards safety. We will conduct monthly traffic operations scheduled to coincide with major motorcycle events using our current Sheriffs Office Air Unit personnel in air-ground time distance speed observation in the areas of the county where current highway speed lines have been painted. [n areas where motorcycle accidents are common, such as Islamorada where illegal passing is a consistent problem, the operations will target that violation. We will need to purchase airtime in a high fixed wing aircraft for the operation. Our pilots (we have 3) are all qualified in fixed wing aircraft however we only have a dual engine and a rotor wing aircraft that are not the proper aircraft for this type of mission. Additionally, we will need to purchase 2 certified stopwatches for this type of operation. The pilots will need to be trained in the use of these devices. \ 4 F~M SClo-oss.o, SAFElY OGc . OM/v Obiectives To produce a video production on moped safety and awareness for operators, especially those short term renters of mopeds in the City of Key West. To gain assurance from the tourist industry to distribute and show these products to all who rent or buy mopeds in Monroe County. To conduct at least 26 (hi-weekly) public-awareness armouncements on Key's Radio Stations. To conduct 2 rider safety Lrdining courses for motorcycle/moped operators. To conduct four (4) each, one each quarter, motorcycle safety workshops, high school on-campus awareness classes and awareness training for care drivers. To increase tli.e pressure on careless, reckless and impaired motorcycle operators To conduct twelve targeted weekend air-ground speed operations throughout the Keys focused on compelling motorcycle operators as well as car drivers (who threaten motorcycles) to obey current road safety laws and ordinances. To train and equip all nine Traffic Enforcement Officers for the Monroe County Sheriff's Office in the safe and efficient operation of Police Motorcycles. / Evaluation The Monroe County Sheriff's Office wiII evaluate the overall success of the project based on a comparison of yearly crash and enforcement data compiled by the Department of Transportation as well as the Crime Analysis Division of the Sheriff's Office. 5 - . Timetable for Milestones Milestones 1 st Quarter 2nd Quarter 3rd Quarter 4th Quarter OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP Prepare and produce Moped XXX XXX Safety Video Distribute Videos to venues XXX for immediate and continued XXX XXX [XX XXX xxx XXX viewing Conduct Police Motorcycle XXX XXX Training Conduct Motorcycle/Moped Workshops XXX XXX {XX Conduct High School on-campu XXX {XX {XX awareness classes Conduct Awareness Training XXX XXX XXX for Operators : Continue media blitz of safety bulletins and safety x warnings throughout the county Enforce safety belt and x occupant protection laws \ FORM 500.065-01 SAFElY OGe 08199 6 OCe - 0Ml9 -. - - PROJECT DETAIL BL JET Part III: Project Title: The Monroe County Sheriff's Office Motorcycle Safety Project project Number. FM-01-25-02-0l Contract Number: AJ929 BUDGET CATEGORY TOTAL FEDERAL NON-FEDERAL FUNDING STATE LOCAL A. Personnel Services - Sub-total B. Contractual Services Sub-total C. Expenses , / / see attached Sub-total $27;800 $27,800 D. Operating Capital Outlay . Two Police Package Motorcycles $34,000 $34,000 4 Radar Units for Mot'ors $12,000 $12,000 M/C Recovery Trailer ..' $ 1,200 $ 1 .20.0 1-- - -..- Sub-total $47,200 $47,200 E. Indired Cost Sub-total / /- Total Cost of Project" $75,000 v' $75,000 l; Budget Modification Number. Effective Date: 7 FORM SOO.Q65.01 SMETY OGC .05199 BUDGET NARRATIVE Project Title: The Monroe County Sheriff's Office Motorcvcle Safety Project Project Number: FM-01-25-02-01 Contract Number: AJ929 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. Expenses $27,800 Costs to be reimbursed in this category include moped safety Video-production, motorcycle safety equipment (helmet, boots, gloves, riding britches etc), police motorcycle training tuition, travel, housing and per-diem; Training Accommodations $60,.x 14 days x 5 attendees $6,400 $4,200 Motorcycle Officer Training Tuition Training Per-Diem 14 days x 5 attendees $1,470 Training Airfare Expenses For 5 attendees $2,000 Video Production & Distribution *Services provided by Key West Police Departm~nt (150 videos) Motor Officer Safety Equip.(6 units) Helmet-6, Boots-6, Gloves-6, Riding Britches-18, M/C straps-6 $5,000 $8,730 Operating Capital Outlay Costs to be reimbursed in this category include 2 police motorcycles and 4 motorcycle radar units for motorcycle speed enforcement as well as a motorcycle recovery trailer; $47,200 Two Police Package Motorcycles $34,000 $12,000 $1,200 4 Radar Units for Motors M/C Recovery Trailer Total Cost of Proiect $75.000 \ Budget Modification Number: 8 Effective Date: rv.t/wl :;00.0...>01 SAFETY OGC. ~9 Part IV: REPORTS Quarterly Progress Report Narrative for the quarter. Project Title: The Monroe County Sheriff's Office Motorcycle Safety Project Project Number. FM-01-25-02-01 Implementing Agency: Monroe County Sheriff's Office Project Director. Sgt. Larry Kelley Grant Coordinator - Patricia Almeda Briefly describe the subgrant activities that took place during the quarter. Attach additional sheets if necessary. The Quarterly Progress Report of Performance Indicators should be sent to the DOT Safety Office along with this narrative at the end of each quarter. / \ 9 OGC . ~199 QUARTERLY PROGRESS REPORT OF PERFORMANCE INDICATORS for the quarter. Project T.itle: The Monroe County Sheriff's Office Motorcycle Safety Grant Project Number: FM-01-25-02-0l Implementing Agency: Monroe County Sheriff's Office Project Director: Sgt. Larry Kelley Grants Coordinator - Patricia Almeda Milestones Accomplished Perfonnance Indicators Quarter Quarter Six-Month Quarter Quartlll" Projec:t End'1I1Q Ending Total$ Ending Ending Totals December 31 March 31 June 30 September 30 , , .- Production of Safety Video Completed I Number of Noped Workshops Conducted <jf. * Police Motorcycle Training Conducted ~,. - . Number of High School Awareness Classes Conducted Number of Wolf -Pack Operations Conducted Number of Safety Belt Violations Issued ,'. Number of Child Seat Violations Issued FORM~l SAFETY 10 I ....t"\n. ~"""VC:>~l SAFETY OGG. 08fg9 Final Narrative Report Project Title: The Monroe County Sheriff's Office Motorcycle Safety Project Project Number: FM-01-25-02-01 Implementing' Agency: Monroe County Sheriff I s Office Project Director: Sgt. Larry Kelley Grant Coordinator 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.) / -,- II (,.,I(\,rtC'~..vti>Ul SAFETY OGe . OSIP9 STATE "OF FLO'RIDA . . . 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 f?eport 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 retumed to the subgrantee unpaid if the required reports are past due. 2. Responsibility of Subgrantee. The subgrantee must establish fiscal control and fund accounting procedures which assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All monies spent on this project will be disbursed in accordance with provisions of the project budget as said budget was approved by the State Safety Office. All expenditures and cost accounting of funds shall conform to 49 CFR 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments; 49 CFR 19, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations; National High~ay Traffic Safety Administration (NHTSA) Order 462- 13A, Principles for Determining Costs Applicable to G'rants 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 PrirJciples for Educational Institutions; OMS Circular A-87, Cost Principles for State and Local Governments; and/or OMB Circular A-122, Cost Principles for Non-Profit Organizations, as applicable (hereinafter referred to as Applicable Federal Law). All funds not spent in accordance with the Applicable Federal Law will be subject to repayment by the subgrantee. The subgrantee, by entering into this agreement, certifies that it meets and will comply with the federal statutes, executive orders. and implementing regulations applicable to this subgrant. 3. Compliance with Chapter 287, Florida Statutes. The subgrantee agrees to satisfy all requirements provided in Chapter 287. Florida Statutes, and other applicable state law. 4, Approval of Consultant and Contractor Agreements. The State Safety Office shall review and approve in writing all subgrantee's consultant and contractor agreements prior to the actual employment of the consultant or the contractor by the subgrantee. Approval of the subgrar'lt 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. "" 12 FORM 500.05S-01 SAFElY OGe . 06/99 6. Travel. Travel costs for a~proved 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 othelWise 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 fro'm the State Safety Office. 10, Excusable Delays. (a) Except with respect to the defaults of subgrantee's consultants and contractors which shall be attributed to the subgrantee, the subgrantee shall not be in default by reason of any failure in performance of this agreement in accordance with its terms if such failure arises out of causes beyond the control and without the fault or negligence of the subgrantee. Such causes may include, but are not restricted to, acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually sev"ere 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 consultan~ or contractor, and without the fault or negligence of any of them, the subgrantee shall not be deemed to be in default, unless (1) thesupplies oLs.ervices to be furnished by the consultant or contractorwere 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., 13 . 11. FORM 5O:l.06S-01 SAFETY OGC . 08199 . .:0 0 11 g"a ti'M of SUOgrant runds. Suogrant funds may not under any circumstances be obiigated 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 tennination date of the subgrant appiication are eligible for reimbursement. A cost is incurred when the subgrantee's employee or approved contractor or consultant perfonns 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 consullant(s) or contractor(s) and sUppiier(s), the Department shall impose such sanctions as it deems appropriate. Such sanctions inciude 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 representaiives, shall have aCCess for the purpose of audit and examination of books, documents, papers, and records of the.subgrantee, and to retevant books and records of subgrantee and it's consuitants and contractors under this agreement, as provided under Applicable Federal Law. The Department shall unilaterally cancel this subgrant if the subgrantee refuses to allow pubiic access to all documents, papers, lellers, 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 subgra ntee as suran ce that all audits shall be conducted under the guidelines of OM B Circular No. A-133, Section 216.34 g, Fiorida Statutes, a nd Chapter 1 0.600, Rules o'f the Auditor General. . For fiscal years beginning on or before June 30, 199B, the reporting packages and data collection forms shall be submilled to the State Safety Office program manager by the subgrantee within the earlier of 30 days after the receipt of the audito~s report, or 13 months after the end of the subgrantee's fiscal year. For fiscal years beginning after June 30, 199B, the reporting packages and data collection forms are to be submitted within the earlier of 30 days after the receipl of the auditor's report, or nine months after the end of th e subgran tee's fiscal year. For audits conduct ed only under Section 216.349, Ftorida Statutes, the report is to be submitted within the earlier of 30 days after the receipt of the audito~s report, or 12 months after the end of the subgrantee's fiscal year. The date the audit report was delivered to the subgrantee must be indicated by the subgrantee in correspondence accOmpanying the audit report, or reporting package, and data collection form. / The subgrantee shall follow up and take corrective action on audit findings. OMB Circular A-133 further requires the preparation of a Summary schedule of prior audit findings and a corrective action plan for current year audit findings. The subgrantee shall also submit required audit documentation as follows: A reporting package and a data collection form forall audits conducted in accordance with OMB Circular A-133 shall be sent to: Federal Audit Clearinghouse, Bureau of the Census, 1201 East 10th Streel, Jefferson, IN 47132. RepOris of Audits conducted in aCCOrdance with Section 216.349, F.S., and Chapter 10.600, Rules of the Audilor General shall be sent to: State of Florida Auditor General, P.O. Box 1735, Tallahassee, FL 32301- 1735. Failure to fumish an acceptable audit as determined by the State or cognizanl Federal audit agency may be a basis for denial or refund, or both, of Federal funds. Federal funds detennined by the Department to be misspent must be refunded to the Department, regardless of disclosure in the audit report. '" 14 FORM S~.OSS.O, SAF:m OGe . 08199 15. . Pr~cedures for Reimbursement. All requests for reimbursemenl of Subgranl costs musl be submilled on forms provided by the Department (Departmenl Form Numbers 500-065-04 through 07). ApproPriale documenlation supportive of the reported costs must accompany each claim. Requests shouid be submilled on a regular basis as costs are incurred and paymenl is made. All requesls for reimbursemenl for Operaling Capilal Oullay items having a unil 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). Paymen t of th e Operating Capital Oull ay cosls will n 01 be made before receipl of this form. A final financial request for reimbursement must be submilled 10 the State Safety Office within 30 days after the end of Ihe subgrant period. Such request must be dislincUy idenlified as Final. Failure to comply'will be grounds for forfeiture of reimbursement. 16. Retention of Records. All records and financial documenls must be maintained for a minimum period of three years from the date of the final financial stalemenl and be avaitable for audit and public disclosure upon request of dUly authorized persons. ReCOrds relaled to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispule is resolved. Records also must be mainla ined and accessible in aCCOrdance with Seclion 1 B.4 2 of 49 CFR 1 B or Section 19.53 of 49 CFR 19. 17. Ownership of Data. and Creative Malerial. The ownership of malerial, discoveries, invenlions and resulls developed, Produced, or discovered by the agreemenl are governed by the tenns of Section 18.34 of 49 CF R 1 B, Section 19.36 of 49 CFR 19, or OM B Circular A-11 0, Allachm ent N, Paragraph B, lB. Property Accountability. The subgrantee shall estabiish and administer a system 10 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 Managemenl Slandards as sel forth in Seclion 1B.32 of 49 CFR lB, Section 19.34 of 49 CFR 19: or OMB Circular A-ll0, Allachment N. This obiigalion conlinues as long as the property is relained by Ihe subgranlee, nOlwithslanding the expiration of this agreement. 19. Disputes. Any dispule, disagreement, or question of facl arising under the agreemenl shall be decided by the Stale Safely Office in writing and shall be distribuled to parties concerned. A wrillen appeal may be made within 30 calendar days to the Governor's Highway Safely Representative al the Florida Departmenl of Transportation, 605 Suwannee Street, MS 57, Tallahassee, Florida 32399-0450, whose decision is final. The sub9rantee shall proceed diligenlly with the perfonnance of the agreement and in accordance with Department's decision. 20. Conferences, Inspection of Work. Conferences may be held at the requesl of any party to this agreement. Represenlatives of the Department or the U.S. Departmenl 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 pUbiication or printing, the final draft of any report or reports required under the agreement or penaining to the agreement shall be submitted to the Stale Safely Office for review and concurrence. (b) Each pubiicalion or olher prinled report covered by Paragraph 21.a. above must inclUde the, following statement on the cover page: 15 r- FORM SOO-065-01 SAFETY OGc . 06/99 (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 (DB E). (a) The subgrantee agrees to the following assurance: ~ The subgrantee shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The subgrantee'shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of USDOT- assisted contracts. The subgrantee's DBE program, as required by 49 CFR part 26 and as approved by USDOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the subgrantee of its failure to carry out its approved program, the USDOT may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U,S,C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). (b) The subgrantee agrees to include the following assurance in each contract the subgrantee signs with a consultant or contractor and to require its consultant Or contractor to include this assurance in all subcontract agreements: The subgrantee's consultant or contractor and subconsultant or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The consultant or contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of USDOT-assisted contracts. Failure by the consultant or contractor to cany 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 L.obbying. 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. 16 "V~M SOO-tlES.Ol S.v:ElY '. -. OGC'.OOI99 NO fund's g,-anted hereunot::r 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 M..terials 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 a'nd promotional items paid for with Federal highway safety funds. ' . 29. Term of Agreement. All subgrant agreements shall begin on the date of the last party to sign and shall end on September 30, following, unless so' stipulated by the State Safety Office. . 30. Clean Air Act and Federal Water Pollution Control Act. For subgrant awards in excess of $100,000 the subgrantee agrees to comply with all applicable standards, orders, or regulations iss.ued pursuant to the Clean Air Act (42 U.S.C. 7401 et sef.) and the Federal Water Pollution Control Act (33 'U.S.C. 1251 et sef.). The subgrantee shall include this provision in all subcontract awards in excess of $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 replacing or repairing any equipment purchased with Federal highwaY,safety funds that is damaged, stolen. or lost, or that wears out as a result of use. Federal regulations prohibit funding equipment replacement. ' 34. Ineligibility for Future Funding. The subgrantee may be ruled ineligible for future funding for any of the following reasons: (a) Failure to provide the required audits, (b) Failure to continue funding positions created with highway safety funds after the Federal funding cycle ends, 17 (c) Failure to provide rel. ed quarterly and final reports in the rc , ,red 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, SAFETY OGe . 06199 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 letter to the Safety Office upon award of the subgrant certifying that none of the items being purcha'sed 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 F.ederal 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 ~he 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 Jess than $300,000 in Federal awards during its fiscal year, an audit conducted in accordance with the OMS 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 OMS 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. .. 18 SAFETY 'OGe . 08199 (6)' Fa"ilure to provide re~_,..ed quarterly and final reports in the re,.llred 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 hig:'way safety funds must have a standard operating procedure (SOP) regarding enforcement of safety belt and child safety seat laws. A copy of the SOP must be attached to the subgrant application, and safety belt and child seat citation totals must be reported on the Quarterly Progress Report of Performance Indicators. (c) The head of any agency purchasing equipment costing more than $500 per item must send a letter to the Safety Office upon award of the subgrant certifying that none of the items being purchased with Federal highway safety funds is replacing previously purchased equipment, whether the . equipment was purchased with Federal, State or local funds. (d) Recipients of Federal and State funds are to have audits done annually using the following criteria, Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA). title arid number, award number and year, and name of the awarding federal agency. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State agency. In the event that a recipient expends $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 (OM B) 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 OMS 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. . 19 . -..... .............,C.;.....,l SAFETY 00::: . Da199 , R~poiiing Packages and management letters generated from audits conducted in accordance with OMS 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 receiving it. The aforementioned item's 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 Ge'neral. The recipient shall submit required audit documentation as follows: A Reporting Package a.nd Data Collection Form for each audit 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 A Financial Reporting Package of audits conducted in accordance,with Section 215.97, Florida St.atutes, and Chapter 10.600, Rules of the Audito~)3eneral shall be sent to: State of Florida Auditor General Attn: Ted J. Sauerbeck Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, .FL 32302-1450 (e) Financial reimbursement forms must be submitted to the State Safety Office at least once each quarter as costs are incurred and payment is made. The only exception is when no costs are incurred during a quarter. Failure to submit reimbursement requests in a timely manner may result in the subgrant being terminated. (f) Agencies that host sobriety checkpoints, shall attach a copy of each After Action Report to the appropriate quarterly report form. (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 perfonn work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact btJ.Siness with any public entity. (See section 287. 134(3)(a), Florida Statutes.) 20 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. B. 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.S.S. 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 (0 operate a motor vehicle unless each passenger under the age of sixteen (16) is properiy 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 law enforcement. ' However, restrictive guidelines are necessary in order to insure that Sheriffs personnel are able to operate effectively and perform their daily objectives. Therefore, the procedures 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 21 -. ~ ..:- FORM 500-06S-01 SAFE'i'Y OGC . 06199 PROJECT NUMBER: FM-01-25-02-01 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) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION SUBGRANTEE Monroe County Board of County Commissioners Name of Applicant Agency Typed By: ~.~~ Title: State Safety Engineer George R. Neugent Authorized Representative's Name Typed Date: 3-2k~{)/ ~,~ Title: Mayor I Monroe County Board of Commissioners FEDERAL FUNDS ALLOCATED J).~. Attest: $75,000.00 ::M';G::;:PL;'N4Y Signature of Administrator for the Department of Richard D. Roth Administrator's Name Typed Transportation by: ~ '~->>~-{)I ~ ~ Title: Sher iff NOTE: No whiteout or erasures accepted on this signature page. ~Lj