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Resolution 085-1992 ,....' #' F:LED c np RrCORf RESOLUTION NO. 085 -1992 .92 FEB 25 A 8 :1 6 A RESOLUTION OF THE MONROE COUNTY BOARD OF 1)4~L'''\ ,,,f{ j:,SE COMMISSIONERS AUTHORIZING THE MAYOR OF THE MONROE \:OUN1'( FLt., BOARD TO EXECUTE A SUBGRANT AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION STATE SAFETY OFFICE FOR HIGHWAY SAFETY FUNDS TO PURCHASE PAVEMENT MARKING EQUIPMENT WHEREAS, the Monroe County Board of Commissioners adopted Resolution #399-1991 on October 30, 1991, which authorized the submission of a subgrant application to the Florida Department of Transportation State Safety Office, and WHEREAS, Monroe County was eligible for $17,500.00 in support funds to purchase traffic study equipment to insure visible pavement markings especially in areas where roadway lighting does not exist, and WHEREAS, the Florida Department of Transportation has notified Monroe County that we have been awarded the requested funds with no match requirement, now therefore BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Mayor of the Board is hereby authorized to execute the subgrant agreement awarded by the Florida Department of Transportation State Safety Office, to Monroe County for the purchase of Pavement Striping Equipment. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 29 day of January , A.D. 1992. Mayor Harvey Yes Mayor Pro Tem London Yes Commissioner Cheal Yes Commissioner Jones Yes Commissioner Stormont Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY . ~ ~ By: \.k:).tl~.aJ"n ",,'"-'- '~ (Seal) :~~d;~:~~ .Ca Deputy .J(.7r'" ~ By Oats FLORID~. IAWJ'OI'IplLU OOvr:RI'IOR ,.,--" .. - - .. DEPARTMENT OF TRANS_ _ _{TATION ~ 605 Suwannee Street Tallaha"..l' f10rlda ,~2~9lj.04,..,n Bf:'" (i, "'ATTIi .- _ Sf:CRf:To\RY - '- - January 15, 1992. The Honorable Wilhelmina Harvey Mayor/Chairperson Monroe County Board of Commissioners 310 Fleming Street Key West, Florida 33040 Re: Monroe County Pavement Marking Program Project #FHD-92-l2-03-0l Dear Mayor Harvey: Your subgrant application to the Florida Department of Transportation has been approved. We are pleased to make this subgrant award in the amount of $17,500 to your agency for the purpose of providing Monroe County with an improved capability to perform traffic engineering tasks in a more timely and efficient manner. A copy of the approved subgrant document with the referenced project number and title is enclosed for your file. All correspondence with the ,Department should always refer to the project number and title. Your attention is directed to Part IV of the subgrant entitled "Acceptance and Agreement". These conditions should be reviewed carefully by those persons responsible for project administration to avoid delays in project completion and cost reimbursements. The effective date of the subgrant is January 10, 1992 and only those costs incurred on or after that date are eligible for reimbursement. The enclosed Certificate of Acceptance should be completed and returned to the State Safety Office within fifteen (15) calendar days from date of. receipt by the subgrantee. This certificate constitutes official acceptance of the award and must be received by the State Safety Office prior to the disbursement of any project expenditures. . The Honorable Wilhelmina January 15, 1992 Page Two We look forward to working with you on this project~ If you have any questions or need assistance, please contact Mr. Joe Williams at 904/488-5455, who will be coordinating this activity. Sincerely, B. G. Morris, P.E. State Safety Engineer BGM/jwd Enclosure cc:~' Mr. Mr. Danny Kohlage David S. Koppel Jennings R. Skinner 500-065-10 Safety 07-01-91 Certification of Acceptance of Subgrant Award State of Florida Department of Transportation State Safety Office Traffic Safety Section 605 Suwannee Street, MS-17 Tallahassee, Florida 32399-0450 (904) 488-5455 The subgrantee, through its authorized representative, acknowledges receipt and acceptance of sub grant award, project number FHD-92-12-03-01 , In the amount of $ 17 ,500.00 , for a project entitled Monroe County Pavement Marking Program for the period of Januarv 10, 1992 through September 30 I 1992 in accordance with the statement of work contained in the subgrant application, and subject to the Traffic Safety Section's Conditions of Agreement and Special Conditions governing this subj ect. Signature of Authorized Official Date of Acceptance ATTEST: DANNY L. KOLHAGE, CL RK The Honorable Wilhelmina Harvey Name of Official (typed) By Deputy Clerk Mayor/Chairperson ., Title of Official (typed) --_..,--_. "- Project Number: Applica'9"~ I FHD-92-12-03-0l for -----~~ - -" , -l-, ,--"---' ndTDocument Number: Hio-hwav Safetvf.sub~ant--.. -- A8776 t:> ~ _~ eo L-rH!: $2.""';: - - -- SubgrantPerioc.: iii --.- Januarv 10 1992 - September 30, 1992 ...1:<.: k>~ ,_~ ~:,,\ . ,~ -: ,.... F ecieral'Funds Allocated: I Date ,Approved: :i -.... :: ,,-..: " - '- ::- ';i .. ~ '';2 $17,500.00 . ~ "T ~. 'Project"* u> ,. ~'""'~ - ~ ~-. ...~_. Stibgrant t I .....,,~ ; (2) , State of Flarida""-,, ~:>~',r:" '...;~~" .on ,Bistory: '.. ..... .........-,... ......_v DeparCnentofTr~ti--' (3) State Safety Office PART I: General Athninistrative Information (See lnstructions for Highway Safety Subgrant ApplicationB, DOT-HS 50Q..065.02) , Project Title: MONRO::: COUN~Y pL"'i.T't:"t-.n:-;'f\7"' t-.f,~ Pt~TN(: PP('\;,:pL ~.' _. , 2, Type of Application: ( X) Initial ( ) Continuation " Requested Subgrant Perioe: January 10, 1992 to September 30, 1992 .;), 4. Support Matching Total Sough:: S~7,500.00 Share: 0 Bucige:: S17.:;or,OC' 5, Applican:: 6, Implementing Agency: HONROE COUNTY DAVID S. KOPPEL, p -. - . ~. BOARD OF COUNTY COMYllSSIONERS ENGINEERING DEPJ..RTMENT YlP.YOR WILHELMINA HARVEY MONROE COUNTY PuBLIC WORKS 310 FLEMING STREET 5100 COLI..EGE ROAD KEY WEST, FLORIDA 33040 STOCK ISLAND, ?LORIDA 33040 , , Telephone: (305 ) 292-3440 , Telephone: (305 ) 292-4426 7. Fecie1"al In Numbe,:,,: 8. State SAMAS Numbe:-: 59-6000749-001 .. 9, ChiefFinanci.a.l Officer. 10, Project Direc:+-..o,:,,: DANl\-.y 1<OHLAGE DAVID S. KOPPEL, P.E. CLERK OF THE COURTS DIRECTOR OF ENGINEERING 500 WliI ':'EIr'.::.AD STREET MONROE COUN':'y PUBLIC WORKS Y.Ey w-::'~"' FLORIDA 33040 5100 COLLEGE ROAD .....-.... , STOCK ISLAND, FLORIDA 33040 - I Telephone: (305) 294-4641 Telephone: (305) 292-4426 Caw~ ofF eciera1 Dome5tic Aaa~ce Number - 20.600 11- Project Summa!}": Briefly describe the problem and the 'proposed solution, Mucn of "the Coun"ty's road ne-::work is rural i.n nature and requires visible pavemen-:. markings, especially at night where road- way lighting aoes not exist. As such, a s-::riping machine J..s of U"t:.Inost impo::--::ance to the safety of Monroe County's 500 miles of roads. This project will provide funding to assist the County in the aquisition of this needed equipment. 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 (fonn provided) Start below and use continuation pages as necessary. 1. STATEMENT OF THE PROBLEM: Pavement marking of the Monroe County road network is required to provide safe, visible traffic control where lighting does not exist and other traffic devices are not warranted. Currently, pave- ment marking capabilities are limited by Monroe County's outdated striping equipment. The result is inadequacies in the quality of striping and the increased potential for road accidents. ' 1991 County-wide Accidents to date: Total = 1426 Fa tali ties= 28 2. PROPOSED SOLUTION: In order to bring the pavement markings up to standard, the County is requesting the funds to purchase the striping equipment. New pavement markings will provide increased safety and visibility on our approximately 500 mile secondary roadway network. 3. OBJECTIVE: Acquisition of the Skid Mounted Striper and implementation of a scheduled program to increase safety on our roadways through better visibility of pavement markings. To provide for the capability of having a highway striping program in place by April 15, 1992. 4. EVALUATION: Evaluation will be based upon the accomplishment of the stated objective and the performance indicators listed on the quarterly progress report forms. 2 - ... - ~ ~ \.0 CJ:l C) -' ... 0 ~ ... -. x: -- - ~ <: ... =:; ...J ~ '><( ;::;) - en "":l QJ z :: \.0 ;::;) X- 0 C) ""':l .w -' \.0 en d >- ~ QJ ... <: """"" 6- == .- - ~ oJ \.0 C'!':l :::: x c.. x ;. <: x 0 ~I x c..... x QJ \.0 X C) X - """"" -' ,.Q \.0 X :: :: ,. .... x -- ~ x .... G ~ e:.. x ~ - , , oJ ... x =: - cq Z x ,. < x ... ""':l X ~ .- - , 01 \.0 ~ , C) -' - :: :> .- c , .... ,-w Z ..... -> ell ,..... ;;... b ,.., '-' a. .jJ :J ::: I Q) ..><:: >. E C) .:l 0.. '.... ,...; 0.. .jJ :J ::: a" .jJ ::: 00 ro CJ ..... 0 ... ::: C.J N Ul O"l ... :J .jJ - 0'1 Ul 0 ::: :-0 == CJ ..... . ~ '"-l CJ ... 0'1 C) 0 0 3 0'1 ...... ... 0 '0 ::l. CJ 0 ...., I ... ::: Q) >. '.... ... ... ......... c.. 0 :J ~ - C) c.. '.... Ul Q) .... "'- u Cfl ;... ::: .jJ Ul > CJ ..... '"-l CJ d 0 ::: 0'" '... ..... 0 ~ ....; C) ...... '"-l 10 ~ .;.J CJ .... CJ 0 .;.J ::: .~ .- to X CJ '0 Ul 0 d C) Q) U '0 '-... ::: ...... ~ u ...... ... ,... 0 .... .oJ ~ ..... ..,u ::) 0 ...... ..><:: 0 10 .- ..... ,.... .oJ C) .oJ ~ ..... ..... ......0 CJ .;..J :-0 :J 0'1 ::: ..... .c::; 10 Ul rJ ...... :... C (!) > :::l rJ C) ,....,.jJ ..... .;..J 0 ..::: '.... rJ ::: ':) ::: ... C) .... .oJ ..... ...... ,... ::l. ~ .:l Ul rJ ..., '" ..... .... ..... ,... :-0 ::: ... ..... - v ..::: -' ~ .... :-- ...... -- . Part III: PrOjL__ --1etail Budget A~tach detailed narrative defining cost for each category. Refer to instructions. NON-FEDERAL BUDGET CATEGORY TOTAL FEDERAL STATE LOCAL A Salaries and Benefits .. Sulrtotal B. Other Personal Services - Sulrtotal C. Expenses Sulrtotal D. Operating Capital Outlay Striping Program Costs $17,500.00 ; Sub-total $17,500.00 E. Data Processing Services , Sulrtotal F. Indirect Cost Sub-total Total Cost Project Total $17,500.00 $17;500.0 i... Budget Narrative The following is a narrative description of the project budget by line item by categofy, detailing the item and anticipated cost. Each category must be sufficiently defined to show cost relationship to project objectives, Attach additional sheets as needed. The County proposes to purchase 'the following pavement marking equipment to achieve the proposed objectives: (1) One (1) Linear Dynamics Skid Mounted Striping machine complete with paint tanks, glass bead tanks, spray guns, hardware and accessories. (2) Yellow and white traffic paint and relective glass beads. (3) Spray wand and 251 hose extension. (4) Turn arrow and lettering templates (5) "Tech Service" including initial 2 day course for training and follow up "refresher" training course 8-10 weeks after initial course. Total estimated cost will approximate $17,500.00 I .5 - -- i ... lJl Col_ .:; S - c t:... ~- ~o .- CI':l '-.::l ... C Col ~,.Q ... e o 0 I t-a = 0 r-l =00 :>1 Q) ~ +J 0.. "C - N 0.. 'e.Il c: C) C 0'1 ;:j 0 .- 0'1 ~ ... '-.::lO 0 - r-i U en CCI':l I "0 .~ ~ 0 - ~ Q) '.-i ~ ... C 0 ~ o ... ~ rd ~ ... ... H l.o"'= Q ~ = ~ c: 0 0 ::l .. ~ ~ ::E: s.. I;,) 0 ,..-.l ..... <: ~ ~ ... - ~ .. '"' en ... lJl '"' s.. C) e_ rn '"' .... f'" C = .~ ..... ,..., ~ :Eo - 0 ~ c: ..... ... ~~ e: ~ en 00 s.. '"' ~ ~ C) .S - ~ ..0 .~ 'e.Il :: s.. :;: C rn ~ :a~ ..... C~ ~ r-:::.= 0 ... Col o ... ~ ... = "":E Q) = ... ~ ... ~ rn rn Q) 6b o ~ ~ ~ ,..-.l ~ Q) ..... ~ ~ == 0/ Q) , ~ rn CIl CIl Q) = ~ c: r-l ~ 0 0 ..-i ..... ..-i ::E: S +J ~ u :>1 ~ ~ Q) rd .~ CIl ~"O cS '"0 H Q)"O rd Q) ~ =: +J Q) o 0.. Q) ~ c:o.. ~..-i H-.-i H ~ H 4-l+J 4-l+J om om .... .... fa. E rd H tJ'l o H 0.. tJ'l c: '.-i ~ H rd ::E: +J c: Q) E Q) ~ rd 0.. Q - ..... .... E-t oW ~ Q '0' s.. ~ r-i o I M o I N r-i I N 0'1 ( Q ::r: ~ i.: Q ..0 E ::: Z oW ~ Q .0' s.. ~ 'e.Il c- .- ~ '-.::l ... C 0 ~..o "" ... o c t 8 = 0 ::l~ ..... ..... ;:.., ...... .... ~ ..... .... c ... & ... W I:::l o ... - ...., - .- ~ I-< C) -' \.. I:::l ::l 0" C) ... - -' I-< t2 00 o :::; C) ;> ;> ::; ~ ~ ~ t ..., I:::l ~ ~ c:i s-, ~c.2 ~""O ... Q) 00--0 l:..Do ~ C) .- ~ \.. C) 00 ;> I:::l o 00 ~...., :: 2l o _ "'- - 00 ;:.J_ ...-l W C) ~ ;> 0 ~::3 e~ 1-<--0 "" c:: ~ >- -- ~ o c:: 'c ~ ..0 ... I:::l ~ Q) .... "'d _ .- u ;> I:::l 0-, \.. -> ~< -' 00_ ::l .... ~ 0 ... ~ C) ~ ,SC::: ~ V,) I:::l ~ l- .... l:..D~ ..0 0 ::l .... r:n~ - Final Narrative Report Project Title: Pavement Marking Program Project Number' FHD- 9 2 -12 - 03 - 01 Subgrantee' Monroe County Project Director" David Koppel The following is a chronological narrative history of the above listed project in accordance with Part IV: Acceptance and Agree1TU!nt, Conditions of Agreement, 1. Repom. It is an accurate accounting of the project performance and accomplishments. (Attach additional sheets as needed.) 7 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE SAFETY OFFICE Part IV: Acceptance and Agreement Conditions of Agreement. Upon approval of this subgrant, the approved application and the follow. ing terms and conditions shall become binding. Noncompliance may result in loss of, or delays in cost reimbursement. 1. Reports. The subgrantee shall submit Quarterly Progress Reports (See Instructions for Quar. terly Progress Reports, DOT.TS 500-065.(8) including Perlormance Indicators and a Narra- tive Statement detailing project status, to the State Safety Office by January 31, April 30, July 31, and October 30 covering the subgrant activity for the previou.s quarter. The subgrantee shall submit a Final Narrative Report, giving a full chronological history of the subgrant, problems en- countered and major accomplishments in addition to specifically addressing the subgrant objec- tives and perlormance indicators and the current and future planned activities of the program within 30 days after the termination of the project as well as other reports in a form as may be prescribed and may be reasonably required by the Department. A final financial request for reimbursement must be submitted to the Department within 30 days of the subgrant termination period. Such request must be distinctly identified as Fil'UJ!. Failure to comply will be grounds for forleiture of reimbursement. 2. Responsibility of Sub grantee. The subgrantee must establish fiscal control and fund account- ing 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 Department. All expendi- tures and cost accounting of funds. shall conform to 49 CFR 18, Uniform Administrative Require- ments for Grants and Cooperative Agreements with State and Local Governments (Revised A- 102) and A-87, or OMB Circulars A.1l0 and A-21, in the entirety. All funds not spent in accor- dance with this agreement will be subject to repayment by the subgrantee. 3. Compliance with Section 287.055, Florida Statutes. The subgrantee, when applicable, agrees to satisfy all requirements provided in Section 287.055, Florida Statutes, known as the Consultant'. Competitive Negotiation Act. 4. Approval of Consultant Agreements. The Department of Transportation shall review and ap.- prove in writing all consultant agreements prior to the actual employment of the consulting firm. Approval of the subgi-ant agreement does not constitute approval of a consultant agreement. 5. Allowable Costs. The allowability of costs incurred under any subgrant shall be determined in accordance with the genera! principles of allowability and standards for selected cost items set forth in National Highway Traffic Safety Administration Order 46.2-13A. Principia for Deter- mining Co.t. Applicable to GrantB and Contract. with State and Local Government., Office of Management and Budget Circular No. A-87, C~t PrincipZea Applicable to GrantB and ContractB UJith State and Local Government., Office of Management and Budget Circular No. A-21, COBt Principles for Educat:iol'UJ!17Utitutio1l8 or OMB Circular A-122, COBt Principles for Non.Profit Organization. All procedures employed in the use offederal funds fOT the procurement of services, supplies or equipment, must be in accordance with Section 18.32 (Procurement) of 49 CFR 18 (Revised A.102), or Attachment 0 of OMB Circular No. A-110 and Florida law to be eligible fOT reimbursement. g - 6, TraveL .Jl travel for out.of-state or out-of-grant-specified work area shall require written approval of the Department prior to commencement of actual traveL Travel costs for approved tT'avel will be reimbursed in accordance with regulations applicable to the subgrantee, but not in e:rce.. of proviBiom in Section 112.061, Florida Statutes, ~ .. Written Approval of Changes, Changes may be made only through a written modification to the agreement signed by both parties thereto. - 8, Reimbursement Obligation. The State of Florida's performance and obligation to reimburse subgrantees will be subject to the availability of Federal Highway Safety funds. 9, Commencement of Projects, If a project has not commenced within 30 days after the accep- tance of the subgrant award, subgrantees 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 accep. tance of the award, project activity as described herein has not begun, a further statement ofim- plementation delay will be submitted by the subgrantee to the Department of Transportation. Upon receipt of the 60.day letter, the Department may cancel the project and reobligate the funds to other program areas. 10. Excusable Delays. Except with respect to defaults of consultants, 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 mgy 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, epi- demics, 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 a consultant to perform or make progress, and if such failure arises out of causes beyond the control of the subgrantee and consultant, and without the fault or negligence of either of them, the subgrantee shall not be deemed to be in default. unless (a) the supplies or services to be furnished by the consultant were obtainable from other sources, (b) the State Safety Office shall have ordered the subgrantee in writing to procure such supplies or services from other sources, and (c) the subgrantee shall have failed to comply reasonably with such order. 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 Tevised accordingly. 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 incarred on or after the effective date and on or prior to the termination date of the subgrant application are eligible for Teimbursement.' A cost is incurred when the subgrantee's employee or consultant performs the service Tequired, or when goods are received by the subgran- tee, not-withstanding the date of order. 12. performance. In the' event of default, noncompliance or vioiation or any provision or this agree- ment by the subgrantee, the subgrantee's consultant;(s) and supplier<s), or both, the Department of Transportation may impose such sanctions as it deems appropriate including 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 foT' those services satisfac:torily performed prior to the effective date of such sanction. 13. Access to Records. DOT, NHTSA, 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 ex- amination of books, documents, papers, and records of the subgrantee, and to relevant books and Tecords of subgrantees and contractors, as provided under SeCtion 302(1) of the Highway Safety q - Act of 1966, Public Law 89-564, as amended, DOT may 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 conjunc- tion with the subgrant. 14. Audit, Acceptance of this agreement constitutes subgrantee assurance that all provisions of , OMB Circular No. A-128, Audits of State and Local Government., or OMB Circular No. A. 110, Attachment F, will be met. OMB Circular No. A-l28 and Attachment F ofOMB Circular No, A.110 pertains to audit requirements, In addition, the federal highway s8fety subgrant funds are to be clearly identified in the audit report. As a minimum, a schedule comparing budgeted and actual subgrant costs is required. Failure to furnish an acceptable audit as determined by the State or cognizant federal audit agency may be a basis for denial and refund, or both, offederal funds. Federal funds detennined to be misspent are subject to refund or other resolution regard- less of disclosure in the audit Teport. 15. Procedures for Reimbursement. All requests for reimbursement of subgrant costs must be submitted on forms provided by the Department (DOT.TS 500-065-04 thru 07, which are hereby incorporated by reference). Requests should be submitted on a, regular basis as costs are incurred. Bills for fees or other compensation for services or e~enses must be submitted in detail sufficient for a proper preaudit and postaudit thereof, 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 complete inventory listing for those items. Payment of the claim will not be made before receipt of the applicable inventory listing CN on-e:rpendable Property Ac. countability Record, DOT.TS 5()().()65-()9, which is hereby incorporated by reference). 16. Retention of Records. All Tecords and financial documents must be maintained for 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. 17. Ownership of Data and Creative Material. The ownership of material, discoveries, inven- tions and results developed, produced, or discovered by the agreement are governed by the terms of Section 18.34 (Copyrights) of 49 ,CFR 18 (Revised A-102) or OMB Circular A.110, Attachment N, Paragraph 8, hereby incorporated by reference. 18. Property Accountability. The subgrailtee shall establish and anminillter a system to control, protect, preserve, use, and maintain and dispose of any pl'Operty furnished it by the Department, or purchased pursuant to this agreement in accordance with Federal Property Management Standards as set forth in Section 18.32 (Equipment) of 49 CFR 18 <Revised A.102) or OMB CircUlar A-llO, Attachment N.' This obligation continues sa long sa the property is retained by the subgrantee, notwithstanding the expiration of this agreement. . 19. Disputes. Any dispute, disagreement or question offaet arising under this agreement shall be decided by the Department in writing and shall be distributed to parties concerned. A written appeal may be made within 30 calendar days to the Governors Highway Safety Representative, whose decision is final, at the ioHowing address: Department ofTnmsportation, 605 Suwanneee Street, M.S.-57, Tallahassee, Florida 32399-0450. The subgrantee shall proceed diligently with the performance of the agreement and in accordance with Department decision. 20. Conferences, Inspection of Work. Conferences may be held at the request of any party to this agreemen~ A representative of the Florida Department of Transportation or the U.S. Depa.rt. ment of Transportation, or both, shall be privileged to visit the site for the purpose of inspection and assessment of work being performed at any time. ;0 - '21. Publication and Printing of Reports. a. Before publication or printing, the final draft of any report or reports requiTed 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: (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. DepRrtment 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, State Safety Office, Department of Transportation, 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, creed, color,or national origin, be excluded from participation in, be refused the benefits of, or be otherwise subjected to discrimination under subgrants awarded pursuant to P.L. 89-564, or any project, program, activity, or subgrant supported by such :requirements of Title VI of the Civil Rights Act of 1964, and all applicable requirements pursuant to the regulations of the Department of Com- merce, Title 15, Code of Federal RegulatioM, PartS, which have been adopted by the U.S, De- partment of Transportation. 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 State of Florida, Department of Transportation , the National Highway Traffic Safety Administration, the Federal Highway Administration, and the U.S. Department of Transportation, from all claims and liability, or both, due to the negligent acts of subgrantee, subcontractor(s) or consultant(s) or subgrantee's agents or employee(s). 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. Minority Business. The subgrantee agrees to include the following statement in all-agreements, and in all contracts which are financed in whole or in part with Federal funds provided under this agreement with the subgrantee: a. Required MBE ~ntract Clauses: (1) Policy. It is the policy of the U. S. Department of Transportation that minority business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to partici- pate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, all recipients or contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance ofU. S. DOT.assisted contracts. J.L 25, Restrictions on Lobbying. The recipient agrees to comply with Section 319 of Public Law 101-121 as pro;;'ded for in the Governmentwide Guidance For New ReBtrictioru on Lobbying; Interim Final Guidance published in the December 20, 1989, Federal Regi6ter. Each person shall file the most current edition of this certification and disclosure form, if appli- cable, with each submission that initiates agency consideration of such person for an award of a federal contract, grant, or cooperative agreement of $100,000 or more; or federal loan of $150,000 or more. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The undersigned certifies, to the best of his or her knowledge and belief, that: a No federal appropriated funds have been paid or will be paid to any person for influenc- ing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any renewal, amendment, or modifi- cation of any Federal contract, grant, loan or cooperative agreement. b. If any non-federal funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the under- signed shall complete and submit Standard Form # LLL, Disclosure of Lobbying Ac- tivities, in accordance with its instructions. c. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers and that all suhrecipients shall certify and disclose accordingly. d. No funds granted hereunder shall be used for the purpose oflobbying the legislature or state agencies. Section 216.347, Florida Statutes 26. How Agreement Is Affected by Provisions Bein, 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 re- quirements of applicable law. 27. Term of Agreement. This agreement shall begin on the date of the last party to sign and shall end on September 30, 1992. 28. Special Conditions. 1, All unexpended funds remaining with this grant after payment offinal request for reimbursement shall automatically revert to the Department of Transportation for obli. gation to other approved programs. . 1.2:- IN WITNESS WHEREOF, the parties affirm that they have each read and agree to the conditions set forth in Part IV 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. SUBGRANTEE COMM. MAYOR/CHAIRMAN \, Attest: DANNY L. KOHLAGE Title: CLERK OF THE COURTS ADMINISTRATOR OF IMPLEMENTING AGENCY By: DAVID R - KOPPRT.. P _ R_ Aathoriad Signatun TIU.:DIRECTOR ~G~NG Slgnature: cf . Date: 7/-4L:Jf NOTE: No whiteout or erasures accepted. .L3..