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Resolution 086-1992 " '- F:LED HIP ~rl:nRr RESOLUTION NO. 086 -1992 .92 FEB 25 A 8 :1 6 f) ,\ ~i1 . GE A RESOLUTION OF THE MONROE COUNTY BOARD OF ," CLh Uk 'CT COMMISSIONERS AUTHORIZING THE MAYOR OF THE MONROE CDUN: Y. FL.t" BOARD TO EXECUTE A SUBGRANT AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION STATE SAFETY OFFICE FOR HIGHWAY FUNDS TO PURCHASE TRAFFIC STUDY EQUIPMENT WHEREAS, the Monroe County Board of Commissioners adopted Resolution #398-1991 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 $22,700.00 in support funds to purchase traffic study equipment to monitor activity at intersections and corridors relative to the Growth Management Ordinance and minimum level of service requirements, and WHEREAS, the Florida Department of Transportation has notified Monroe County that we have been awarded the requested funds, 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 sub grant agreement awarded by the Florida Department of Transportation State Safety Office, to Monroe County for the purchase of Traffic Study 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: ~.~J1'~~'""-'\-- ~ (Seal) ~~ley's OffICII 2. ~ c-(L.1 12-----" Attest: DANNY L. KOLHAGE, CLERK By 4~e~-i~ r', r " ,\ I' IAWFO" CnlUlS 00VI:Il/'l0Il lit .. - -=. DEPARTMENT . - - .- - OF TRANSt vrtTATION 605 Suwannee Slreet. Tallaha~sce, Florida ,~2:399-0450 1If:'" (i, WAlTS KCRETAKl' January 15, 1992 . The Honorable Wilhelmina Harvey Mayor/Chairperson Monroe County Board of Commissioners 310 Fleming Street Key West, Florida 33040 Re: Monroe County Traffic studies Equipment Project #FTE-92-12-04-02 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 $22,700 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 pepartment 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 fo~ 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: ~. Danny Kohlage Mr. David S. Koppel Mr. 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 Sa~ety Section 605 Suwannee Street, MS-17 Tallahassee, Florida 32399-0450 (904) 488-5455 The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award, project number FTE-92-12-04-02 , In the amount of $ 22 I 700.00 , for a project entitled Monroe County Traffic Studies Equipment 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 subject. Signature of Authorized Official ( SEAL) ATTEST: DANNY L. KOLHAGE, CLERK Date of Acceptance The Hohorable Wilhelmina Harvev Name of Official (typed) By Deputy Clerk Mayor/Chairperson By Title of Official (typed) . $22,700.00 l-na'te _Approveti: I . T~ I 1 I ; t- I i -I P!-ojec-; r-;umoe::.-: I FTE-92-12-04-02 DOT Documen-;; Numoe::.-: A8775 _SuD~_Perioe.: January 10, 1992 - September 30, 1992 'F ecier.U:u.nas ,Allocatee.: ,- . -~ ~c~~ .,; I Stibgrant HistOry: -Project-!" el) (2) State of.Florida -;-- _-~ De'Oa.."""tIIlent of rr':::-anspor::aoon-:::"1 . State Saf~tv nffir,----- (3) P..;.RT I: GeneralArlmini~trative Information (See Insrructions for Hign.wa,' Safet:-. Subwant Appl.ica:tiona, DOT-RS 500-065-02) _. PTojec: '!'itle: M01~O~ COU~~~ ~~.?=IC STDDIES Ea~:?ME~~ I) '!)'Pe 0: Appiication: X) 1ni cial Januarv 10, 1992 - Continuation ..... Requested S~bgr~"1:' Perioe: to September 30, 1992 ~. Supper: Seuz::.:: 52:,700 Matching Snare: so Total Bucige-:: S22,700 5. AppllCa..'"l-:: MONRO::: COUi~~~ 30A?~ O? COU~~~ CO~~ISSIONE?-S Y~::O?, "\.;:::'l:."'E:..Y.2NA E.J.3VE:: 310 FLEMING STREET KEY WEST, FLORIDA 33040 6. l:nplementing Agency: DP.VID S. KOP?E::', BNG~N~ER=NG DE?~~~~~N~ MONROE COUN7~ PU3LIC WORKS 5100 CO".~GE ROAD STOCK :S~ND, ?::'OR:DA 23040 'Telephone: (305) 252-3440 Telephone: ( 305) 29 2 - 4- ~ 2 6 I. recieral!D Number: 8. State SAMAS Ncnbe:-: 5~-6000749-0 1 9. ChiefFinancal Office~ DAN},-ry KO~7.;;GE C::'ERK O? T~E COUR~S 500 WE:7EE~~ S~REE7 KE:: WEST, ?LOR!~A 33040 10. Projec Direco:-: DAVID s. KO?P~~, P.~. DIRECTOR 0: ENGINEER!NG MONROE COU~T~ PUBLIC WORKS 5100 COLLEGE ROP~ STOCK ISLAND, ?LORI~A 33040 Telephone: (305) 294-4641 . Telephone: (3 05) 2 9 2 - 4 4 2 6 Cawo: of F eci~ Dom...ic Aaainance Numt.er - 20.600 " ProjeC!. Summa'!)": Briefly ciescribe the problem and the proposed solution. CON7INOOUS ANAL::S:S 0: 7EE TRA??IC VOLU~2S A~ :N~:::RSEC~IONS AND P~ONG COP~IDORS IS ESS:::NT:F~ TO A SAFE AND E=:!C:ENT MONROE COUN~~ RClI0 NETHORK. REG:;~ CClLLEC':'ION OF VO:'U~"::: DAT;'. V\'I:'L PROV:::JE TEE AB:::'I7~ TO MOK:TOR AC~=V:~~ IN RELA~ION ':'0 TEE C8UN~::'S GROWTE !-1ANAGE!v'2NT ORDINANCE AKD M:NUMUM LEVEr. OF SERVICE REQCI?2~2:t~TS ':'EROUGEOCT TEE NETWO~~. ':'EE PRC~ECT AC':'=VI~~ w:~ EEL? TO ?ROVI~E TEIS CA?P...3:LI7~. Part II: Project Plan and Supporting Data State clearly and in detail the aims of the project, precisely what will be done, who ~ll 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 (form provided) Start below and use continuation pages as necessary. 1. STATEMENT OF THE PROBLEM F1uxuating seasonal demand accompanied by extensive growth have generated strain on the County's road system. Safety and growth related improvements shall be addressed through accurate monitoring of traffic volumes and trends. Est~blishment of a monitoring program to collect and analyze traffic data is_of the utmost importance to the County's ability to plan and maintain a system which is safe and compl~es with the Growth Management Ordinance and minumurn LOS requirements. 2. PROPOSED SOLUTION: Acquisition of the requested equipment will help to provide the County engineering staff the capability to collect data and monitor the traffic demand on the network, providing proper analysis and counter measure development. 3. OBJECTIVE: To provide Monroe County the capability of performing transpor- tation engineering studies and analysis by April 15, 1992. 4. EVALUATION: Evaluation shall be based upon the accomplishment of the stated objective and the performance indicators listed on the quarterly report forms. 2 ,.. - t:: X . ~ Cf.l ~ ~ ~ 0 = - ::J x: ~ -' C <: - ::; ...::l ~ ::J ')( rn ~ CJ z x .... .... ::l x 0 ~ ""':l X ~ .... ..... .., ~ x rn C5 >- X a) - <: x -' ~ - x ,..... ...:; .""" ""0 ~ :.. ~ :::: x " - x ~ <: x 0 ::::: x x x ~ <: x x Q ~ :: x ~ x - ,..... ~ ~ ~ X ::l :l X ::: -' t::l X X X ~ ..... \J e:.. x x x a) - .... .... ... .... ~ z .... <: )< ~ .""" ""':l ~ ... 0 t::l ~ "'" ~ - , ~ ... C5 > - 0 -' ~ z '-" -> ~ ~ ~ 0 Z 0 0 '-' ~ Z :-< )04 H. ~ ~~ t::l :-< ~, ..... t:Jr:J > )04 CJ:l :-< ...:1 c:> H t::l H < ~H r:J~ ::::l ::l ::: E-< 0...:1 CJ:lr:J 8 0/ ~ CJ:l r:J <0 r:J t:J Z I 0 - Z - ~ .:::: c:: 0- H U I tll r:J I ~ ~ I I I CJ:l ::lO QJ CJ:l C,;) '::::0 o-t::l CJ:l Z Z Z :t:J ::l == r:J r.:.. 0 0 0 U::> 8CJ:l U 0 0 H H H ~CJ:l ZCJ:l .... :-< E-< E-< ::>U) r:JH 'WI --- tll ~ ...-I .!'111114 ~ ~ :::l ~ - :::l C) rn .- ~ c:: c.. Z o H E-< .:::: U H ,.:; " .... c.. .::: Z o H E-< gu t:JU xO t:J::::l ~>t Eo< ...:1Z .:::::> :>0 OU c:: 0- c.. .::: < .::: < o-H ::t E-< E-< E-< 0..0:: CJ:lCJ:l U) CJ:l U) HtIJ r.:.. ::t ~ ~ ::>0 r.:.. .::: ..... E-<< E-< Eo< r:J 0/0::; .::: c:; ZCJ:l Z Z Eo< !:JO Eo< C,;) ::l0 ::> ::l -Z CJ:l 0 Oc.. 0 """ ::> Eo< ~ ....., UO U U 0 Z r.:.. 0.. ~ U ::> 0 E-<o.. 8 ... 0 E-< z z Z r:J U C,;) Z t::l~ t:J r:J ...:l Z r:J ZO Z Z c::l ~ H ::: ..... <"" .::: < .::: .::: Z r:J ::: ::t ::: .... ::> H ...:l c:: ::::::; 0::; C:: Z .::: 0.. ~ t:J ~ 0 .::: c:; -::t ;;... c.. " eo. ::: E-t' H ..... 3 - E-< Z .::: ~ C,;) Part III: Project Detail Budget . Attach detailed narrative defining cost for each category. Refer to instructions. BUDGET CATEGORY A. Salaries and Benefits B. Other Personal Services C. Expenses Sub-total Sub-total Sub-total D. Operating Capital Outlay PERMANENT COUNT STATION PORTABLE COUNTERS' MANUAL & SUPPORT EQUIP. E. Data Processing Services F. Indirect Cost Total Cost Sub-total Sub-total Sub-total Project Total TOTAL $ 11,300.00 $ 10,000.00 $ 1,400.00 $ 22,700.00 FEDERAL $ 22, 7 0 0 . 0 C $ 2 2', 7 0 0 . 00 I./- .NON-FEDERAL STATE LOCAL Budget Narrative 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. -P..'1 The County proposes to purchase the following equipment as necessary to collect and analyze traffic data: (1) One permanent count station including installation $11,300.00. ~..)'o(~" ,""''.,,,..,.'~ (2) Portable counters including software, road tubes and ch~~gers $10,000.00. (3) Manual Intersection Count boards $1,400.00. The total estimated cost is $22,700.00 s - N 0'1 0'1 .-! ~ ~ ~ ,-..l ~ C) 00. -,"", ~ ~ ~ ...- ~ o ~ Q) ~ 00. 00. Q) Q o ~ ~ ~ ,-..l ~ Q) ...- ~ d := ~ >t +J r::: ::l o U aJ o l-I r::: o ::E: .. C) C) - ::= ~ s.. 'ell ~ :: 00. +J r::: aJ E 0.. .r-! ::l 0' W tIl aJ .r-! "d ::l +J U) U .r-! 4-l 4-l Iil l-I E-i Cl.l - .... .... ~ - c.;l Cl.l .0' s.. ~ .-! aJ 0.. 0.. 1':j ~ o QJ C ~ ... .- - "d rn .r-! :.= :> ~ Iil ... Cl ~ o 1.: ~ o Q t <: C) rJ'J .:: ~ ~ = _ 0 c.;l ~ Cl.l rn '0' ~ s.. .... ~ ~ N o I oo:t' o I N .-! I N 0'1 I W E-i ~ 1.: C) ,..:l = ... :: Z - I:,; C) '0' s.. ~ t CJl ,,- '-' S c 0 ~... ~ """ ~ CO .- ~ - ... ... C " ~,::J ... E ~ " "t~ d - ::: " ~C/J "'0 CO ~~ ~ - C " - "to; d ... .- C' ... - .... C CJl ,...- -.s :E 0 .~ ~ C/J ~ C .- "'0- C~ ~..c ... " ~ - .... c::l ;:E ::: ~ Q) C) :: d = '"'" ~ ~ ~ Q) ~ ~ C- .- ~ ::! - ~] - ... " c "t 8 d " :::Q C' 00. ~ o ...- ~ C) u -,"", -r-! "e 4-l :: ~ ~ 1-1 E-i tIl +J r::: ::l o U 4-l o "* tIl aJ -r-! "d ::l +J U) "d aJ aJ 0.. U) II-l o "* +J r::: ::l o u ..c: u Iil o l-I tIl o..aJ 0.. .r-! ~"d ::l 4-l+J 0U) "* ~ ;:0., ..... lo.. ~ ...., lo.. l::l ... C' .... - :.; C'j c..> ...c -> .- ~ ~ Co) ..o.J ~ co ;:l 0- c..> .... - ..., ~ 2 ~ c..> :.:; c..> .- > :> .- ~....... u c::: c::: t: ..., co = r::: e ~ b.D2 -:3't ;; c..> b.D"g r::: c..> .... ;... ... c..> :> o :.; tIl aJ .r-! "d ::l +J U) 1-1 aJ ..c: +J o 4-l o ~ c: ~ ..o.J ..., c..> ~ ~ 0..- c..> ~ ~c; Co) .... :> ~ .- - -> .- c:::: ...'t ~""O co C'j r::: >, 'c3 r::: .- c:: ;... r::: ..0 ... c::: ~ c..> C'j 't...c .:; ~ 0-> ~ ..., 0..<: ..., ~ ;:l"i::: a 0 c..> & .3~ r::: C'l e ~ b.Dlo.. ..o~ ;:l lo.. UJ~ "* Final Narrative Report Project Title: Traffic Studies Equipment . Project Number. FTE-92-12-04-02 Subgranteeo Monroe County Project Director. David Koppel The following is a chronological narrative history of the above listed project in accordance with Part IV: Acceptance and Agreement, Conditions of Agreemeni, 1. Repo1't$. 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 ofthis 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 Performance 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 previous 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 specificaUy addressing the subgrant objec- tives and performance indicators and the - current and future planned activities of the program within 30 days after the termination of the project 8S well as other reports in a form as may be prescribed and may be reasonShly required by the Department. A final financial request for reimbursement must be submitted to the Department within 30 days of the sub grant termination period. Such request must be distinctly identified as Final. Failure to comply will be grounds for forfeiture of reimbursement. 2. Responsibility of Subgrantee. 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, U nifonn Administrative Require- ments for Grants and Cooperative Agreements with State and Local Governments (Revised A- 102) and A-87, or OMB Circulars A-110 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 SeCtiOll 287.055, Florida Statutes. The subgrantee, when applicable, agrees to satisfy all requirements provided in Se~on 287.055, Florida Statutes, known as the Consultant's 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 subgrant 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 general principles of allowability and standards for selected cost items set forth in National Highway Traffic Safety Administration Order 462-13A, Principles for Deter- mining Costs Applicable to Grants and Contract. with State and Local GOr1ernmeniB, Office of Management and Budget Circular No. A-87, C.t Principles Applicable to Grants and Contracts with State and Local Governmenh, Office of Management and Budget Circular No. A-21, Cost Principles for Educational InstUutio1JB or OMB Circular A-122, Cost Principles for Non-Profit Organization. All procedures employed in the use offederal funds for the procurement of services, supplies or equipment, must be in accordance with Section 18.32 (Procurement) of 49 CFR 18 (Revised A-I02), or Attachment 0 of OMB Circular No. A-110 and Florida law to be eligible for reimbursement. g - '6. Travel All 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 travel will be reimbursed in accordance with regulations applicable to the subgrantee, but not in e:rceBB ofprovillionB in Section 112.061, Florida Statutes. 7. 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 of im- 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 wjth 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 01' negligence of the subgrantee. Such causes msy include, but are not restricted to, acts of God 01' 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 01' 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 revised accordingly. 11. Obligation of Subgrant Funds. Subgrant funcia 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 Teimbursement.- A cost is incurred when the subgrantee's employee or consultant performs the service required, 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 of any provision of this agree- ment by the subgrantee, the subgrantee's consultantCs) 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 for those services satisfactorily performed prior to the effective date of such sanction. 13. Access to Records. DOT, NHTSA, FHW A, 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 records of subgrantees and contractors, as provided under SeCtion 302(1) of the Highway Safety !L Act of 1966, Public Law 89-564, as amended. DOT may unilaterally cancel this suhgrant 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.128 and Attachment F of OMB Circular No. A-lIO pertains to audit requirements. In addition, the federal highway safety 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, of federal funds. Federal funds detennined to be misspent are subject to refund or other resolution regard- less of disclosure in the audit report. 15. Procedures for Reimbursement. All requests for reimbursement of subgrant costs must be submitted on forms provided by the Department (DOT-TS SOO-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 CNon.-e:::pendable Property Ac- countability Record, DOT-TS S{)()"()65-09, which is hereby incorporated by reference). 16. Retention of Records. All records 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-I02) or OMB Circular A-lIO, Attachment N, Paragraph 8, hereby incorporated by,reference. 18. Property Accountability. The subgrantee shall establish and anmin;~ter a system to control, protect, preserve, use, and maintain and dispose of any property 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 as long as 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 Governor's Highway Safety Representative, whose decision is final, at the foHowing aciaress: Department ofTTBIlsportation, 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 agreement. A representative of the Florida Department of Transportation or the U.S. Depart- 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. 10 21. Publication and Printing of 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 fonowing 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 andior Federal Highway Administration, U.S. DepRTtIIlent 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 ~vemment. 22. Equal Bmployment 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 PoL. 89-564, or any project, program, activity, or suhgrant supported by such nquirements 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 Regulationa, Part 8, 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 AdministIation, 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 suhgnmtee 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 Contract Clauses: i .i t I . l .\ '1 (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 subcontra1::ts financed in whole or in part with Federal funds provided under this agreement. In this regard, all recipients or contIactors shall take all necessary and reasonable steps in accordance with 49 eFR 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 perfonnance ofU. S. DOT-assisted contracts. II --- " 25. Restrictions on Lobbying. ~ The recipient agrees to comply with Section 319 of Public Law 101-121 as provided for in the Governmentwide Guidance For New ReBtrictioru on Lobbying; Interim Final Guidance published in the December 20, 1989, Federal Regi.6ter. 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, OT cooperative agreement, the under- signed shall complete and.suhmit 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 fOT all sub awards at all tiers and that all subTecipients shall certify and disclose accordingly. d. No funds granted heTeundeT shall be used fOT the JllIr'pOse oflobbying the legislature 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 i~tance the remainder would then continue to conform to the terms and re- quirementsofapplicaDleiaw. 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 affinal request for reimbursement shall automatically revert to the Department ofTranspoTtation fOT 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 MONROE COUNTY BOARD Nonu of Sub ( WILHELMINA HARVEY Authoriad Sign4ture MAYOR/CHAIRMAN Signature: Attest: DANNY L. KOLHAGE, CLER Title: CLERK; OF THE COURTS ADIIINIBTRATOR Ol" IMPLEMENl'ING AGENCY DAVID S. KOPPEL, P.E. AldJaoriud Signature 1/- 4--9/ Date: NOTE: No whiteout or erasures accepted. J _':3