96-22094 RESO
RESOLUTION NO. 96-22094
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, RETROACTIVELY
AUTHORIZING THE FILING OF AN APPLICATION FOR A GRANT,
AND, IF FUNDED, AUTHORIZING THE BUDGETING AND
EXPENDITURE OF FUNDS UNDER THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION DRIVING UNDER THE
INFLUENCE (DUI) ENFORCEMENT PROGRAM.
WHEREAS, the City is eligible to apply for grant funds from the State of Florida Department
of Transportation, Driving Under the Influence (DUI) Enforcement Program; and
WHEREAS, the City desires to participate in this Program in order to help fund needed
enforcement ofDUI offenses and may not be able to secure all of the monies necessary through the
General Fund; and
WHEREAS, the State of Florida Department of Transportation has funds available for this
type of Program; and
WHEREAS, the total estimated funds for this Program are $213,800.00 which will be funded
by the State of Florida Department of Transportation, with no cash match required by the City; and
WHEREAS, the application deadline was prior to the first City Commission meeting of
September 11, 1996 and therefore retroactive approval is needed.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, as follows:
Section 1: The City of Miami Beach Police Department, through the Office of the City
Manager, is authorized and directed, retroactively, to make application to the State of Florida
Department of Transportation for grant funding under the DUI Enforcement Program.
Section 2: The City of Miami Beach certifies that it will accept the terms and conditions
set forth in the Project Agreement for any assistance awarded under the proposal for grant funds, and
the City is in complete accord with the proposal and any plans and specifications thereto unless prior
approval for any change has been received.
PASSED and ADOPTED thisllthday of Se
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Iln\" Ed I f,U. ,)
ATTEST:
R0lu-tr p~
CITY CLERK
JGP/RB/SDRlFC/MMS/rad
LEG'W-
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f"'~le $ v/1.6-, "
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA33139
CITY OF MIAMI BEACH-
COMMISSION MEMORANDUM NO. ~
TO:
Mayor Seymour Gelber and
Memben of the City Commission
DATE:
September 11, 1996
FROM:
Jose Garcia-Pedrosa
City Manager
SUBJECT:
A RESOLUTION F THE MAYOR AND THE CITY COMMISSION OF
THE CITY 0 MIAMI BEACH, FLORIDA, RETROACTIVELY
AUTHORIZING THE FILING OF AN APPLICA nON FOR A GRANT, AND,
IF FUNDED, AUTHORIZING THE BUDGETING AND EXPENDITURE OF
FUNDS UNDER THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTA TION DRIVING UNDER THE INFLUENCE (DUI)
ENFORCEMENT PROGRAM
ADMINISTRA TION RECOMMENDATION:
Approval of the Resolution.
BACKGROUND:
The Florida Department of Transportation has offered to assist the Miami Beach Police Department
in its Dill enforcement program. The Florida Department of Transportation has offered to provide
$213,800.00 to the Miami Beach Police Department in the form ofa grant for a Dill enforcement
project.
The grant funds will allow the police department to fund two (2) new police officer positions, over
and above the proposed authorized number of police officers in the budget for FY 96/97, two new
(2) fully equipped patrol cars with specialized Dill enforcement equipment, such as in-car cameras
and radar units, two (2) lap top computers with DUVTraffic software, a TV, VCR and stand and
miscellaneous equipment for Dur checkpoints,
The submission deadline for applications for these funds is September 13, 1996" and as the City
Commission did not meet in August, it was necessary to submit the application and request the
appropriate authorization retroactively. This grant requires no cash matching funds by the City.
CONCLUSION:
This grant will enable the Police Department to reduce the injuries and deaths in the City which result
from persons who drive under the influence.
DATE
C-11:L
q-l \-q~
JGPIRB/SDRlFC/MMS/rad
AGENDA ITEM
MIAMI BEACH POLICE DEPARTMENT
ADMINISTRA TION BUREAU
TECHNICAL SERVICES DIVISION
PLANNING UNIT
TO: Major Steve Robbins
Commander, Technical Services Division
FROM: Michael Somberg
DATE: January 30, 1996
SUBJECT: Grant Funding, Florida Department of Transportation
I have been in communication with Mr, Roger Doherty, DUI Program Grants Manager for the Florida
Department of Transportation Safety Office. This is the agency that provided funding for the DUI Task
Force Grant we recently received.
We have been in discussions for the purpose of determining if this department is eligible for additional
grant funds from the Federal Department of Transportation (DOT) under the National Highway Safety
Foundation (NHSF) "410" Program. "410" funds are block grants to the states and provide funding
for Dill enforcement, prosecution and educational projects. In our state, these funds are administered
by the Florida Department of Transportation.
In awarding these funds, the principle criteria used are the number of Alcohol Related Accidents and
the percentage of Alcohol Related accidents that occur as compared to the statewide average within
the jurisdiction. In 1994, there were 298 Alcohol Related Accidents (up from 268 in 1993, an 11.1 %
increase) in the city of Miami Beach. These accidents represented 14.23% of all accidents. The
statewide average for Alcohol Related Accidents is 12.12%. As our percentage of Alcohol Related
Accidents exceeds the statewide average, we meet the criteria for funding for DUI related projects.
As we are eligible, we then discussed the types of things (positions, equipment, etc.) they would fund
and the following is a synopsis:
A. Two (2) new police officer positions. All salaries and benefits would be funded for three (3) years
by the following formula:
1st year - 100%
2nd year - 75%
3rd year - 50%
We must agree in writing to create two new positions to replace the officers we assign to the project
(no supplantation). In this manner, we can receive grant monies to fund an experienced police officers'
salaries and benefits. This translates into $58,955 for an officer with 5 years service as opposed to
$39,275 for a newly hired officer. In terms of dollars, the city would receive approximately $266,000
for 3 years.
MEMORANDUM
Grant Funding, Florida Department of Transportation
January 30, 1996 .
Page 2
B. Two (2) new patrol vehicles equipped with all of the normal emergency equipment as well as any
specialized Dill related equipment we wish to place in them. In terms of dollars, the city would
receive approximately $58,000.
C. Funds for Public Information and Educational Materials. The dollar benefits would be based on what
materials we requested.
D. Funds for other Dill related equipment. Again, the dollar benefits would be based on what
equipment we requested.
The city would be required to provide matching funds for the salaries and benefits only and then only
in the second and third years. However this match could be in the form of in-kind services or a cash
match.
It is my recommendation that we send a proposal for a three (3) year grant that would include funding
for 2 police officers, 2 police vehicles and equipment, 6-10 lap top computers for use by traffic officers,
new breath testing equipment if needed and any other equipment that would further our Dill
enforcement efforts.
Ifwe are interested, we must submit our proposal as soon as possible so it can be included in the State
Transportation Plan that is submitted to the Federal Department of Transportation for funding October
1, 1996.
Please advise at your earliest convenience.
FORM 5<Xkl6S~1
SAFEn'
OGC - 09/94
Subgrant Application
for
Highway Safety Funds
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(See Instructions for Highway Safety Subgranc Applications)
1. Project Title:
Miami Beach our Enforcement Proiect
2. Type of Application:
( X) Initial
( ) Continuation
3. Requested Subgrant Period: OCT 1, 1996
00 September 30, 1997
4. Support Matching Total
Sought: $ 213.800 Share: 0 Budget: $ 213 .800
5. Aooli~t Agency (Subgrantee): 6. Implementing Agency:
City of Miami Beach City of Miami Beach Police Department
1700 Convention Center Drive 1100 Washington Ave
Miami Beach, Fl. 33139 Miami Beach,Fl. 33139
Telephone: (305) 673-7000
7. Federal ID Number:
59-6000372
9. Chief Financial Officer:
Robert Nachlinger, Finance Director
1700 Convention Center Drive
Miami Beach, Fl. 33139
Telephone:
(305) 673-7952
8. State SAMAS Number; (State Agencies Only)
10. Project Director:
Sgt. Greg Butler
1100 Washington Ave
Miami Beach,Fl. 33139
Telephone: (305) 673-6461 Telephone: (305) 673-7888
Catalog of Federal Domestic Assistance Number - 20.600
11. Project Summary: Briefly describe the problem and the proposed solution.
D.U.I. is a serious problem in Miami Beach. The Miami Beach Police Department
proposes to decrease injuries and deaths caused by D.U.I. impaired drivers with the
Miami Beach D.U.I. Enforcement Project.
Part II: PROJECT PLAN AND SUPPORTING DATA
FORM ~5~1
SAFEn
OGC ,09/94
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:
I, Statement of the Problem
2. Proposed Solution
3, Objectives
4. Evaluation
5. Milestones (Use fonn provided)
Start below and use continuation pages as necessary.
I, Statement of the Problem
The City of Miami Beach is a seven square mile collection of natural barrier islands and man
made residential islands located five miles east of the City of Miami and separated from
it by Biscayne Bay,
Access to the City is via a series of causeways and bridges traversing the various waterways
which separate Miami Beach from the mainland.
Miami Beach has a pennanent population which hovers around the 92,000, however, on any
given day this figure may double or triple due to the tourist and local visitor influx, Currently,
over 200 establishments, not including retail stores, groceries, etc. are licensed to dispense
alcoholic beverages to the paying public.
The City of Miami Beach has experienced a resurgence of the popular national image that it once
enjoyed as the playground of America. This image, fostered through numerous national and
international publications, portrays the City of Miami Beach, particularly the South Beach area
or "SOBE", as the "Riviera of America". The party atmosphere coupled with the ready
availability of alcohol and the necessity to drive one's own automobile makes this City a fertile
environment for D.U!. and its related after effects ofD,U!. related accidents and fatalities.
In 1995, Miami Beach suffered twenty (20) traffic fatalities of which 5 (25%) were D.UL
related, In 1994, 852 DUI arrests were made by Miami Beach police officers. In 1995, 1,027
DUI arrests were made. This represents a 20.5% increase, Arrests are anticipated to increase. due
to the large number of persons who drive under the influence.
1
FORM 500-Q6S~1
SAfETy
OGC - 09/94
Statement of the problem (Continued)
The following statistics reflect the seriousness of the n.u.1. problem in the city of Miami Beach
1994
# OF ALCOHOL 0/0 OF ALL STATEWIDE
RELATED CRASHES CRASHES AVERAGE
298 14.23% 12.12%
268 13.50% 12.38%
222 13.72% 12.15%
268 13.72% 13.31%
YEAR
1993
1992
1991
The Miami Beach Police Department's Traffic Enforcement/D.D.I. Dnit intends to accelerate
, its on-going pro-active D. Dol enforcement program Through the dedication of equipment,
resources and personnel specifically to D.U.I. related enforcement, coupled with an aggressive
media campaign to educate the public, we hope to reduce Dill related crashes to at least the
statewide average.
Initially, we anticipate an increase in the number ofD.V.I. arrests due to our stepped up pro-
active D. V.I. enforcement efforts but look forward to a decrease in these numbers due to
increased public awareness.
"
2
cORM 5OO.<l6S~1
SAFEry
0Gc ' 09/94
-
2. PROPOSED SOLUTION
The Miami Beach Police Department's proposed it is a continuation of the two pronged
approach began in 1995; education and enforcement Our plan includes the following:
1. Dedicate the two (2) D. V.I. enforcement officers and vehicles for use exclusively for
D. U.I. enforcement in addition to the already dedicated resources, officers and vehicles.
2. Train the two (2) DUI enforcement officers and equip their vehicles with state of the art
Video equipment for recording driving patterns as probable cause for a D.D.I. stop.
3. Equip their vehicles with all of the materials which the officer would need to have on
hand to complete hislher investigation and arrests- minus the intoxilyzer.
4. Dedicate these (2) DUI enforcement officers exclusively to D.U.I. enforcement These
officers would pro-actively seek out D.U.I. offenders as well as serve as the primary
D.U.I. technician (s) to assist other officers in the field with their D.D.I. arrests.
5. Utilize the on-board video equipment to record accident scenes on -arrival to assist
in accident reconstruction and D.D.I. prosecution.
6. Provide the necessary equipment, i.e. road warning signs, traffic cones, support equipment,
etc. for use in frequent D.U.I. roadblocks. Currently, equipment of this nature has to be
borrowed from other agencies necessitating costly and time consuming logistical negotiations.
3. OBJECTIVES
- To increase the number ofD.D.I. arrests by 5%.
- To conduct one (1) D.U.I. check point per month in Miami Beach.
- To participate in (5) D.U.I. check points with other agencies.
- To provided three (3) educational presentations per month to civic, social, educational
groups.
3
..
Part III: PROJECT DETAIL BUDGET -
Attach detailed narrative defining cost for each category. Refer to instructions.
FEDERAL NON-FEDERAL
BUDGET CATEGORY TOTAL (402 funding) STATE LOCAL
A. Salaries and Benefits
Salaries for two(2) Police 88,818 88,818
officers @ $44,409 each
Retirement for two(2) Police 33,396 33,396
officers @ $16,698 each
Health Insurance for two(2) 7,816 7,816
Pol ice officers @ $3,908 each
Sub-total 130,030 130,030
B. Other Personal Services
None 0 0
Sub-total
C. Expenses
100 disposable pen lights 1,000 1,000
@ $10.00 each
100 orange Traffic lines
@ $20.00 each 2,000 2,000
Sub-total 3,000 3,000
D. Operating Capital Outlay 70,000 70,000
TWo(2)Automobiles/W Equip 10,000 10,000
Two(2)Lap Top Computers 600 600
T.V. VCR & Stand Sub-total 80,600 80.600
E. Data Processing Services
None 0 0
Sub-total
F. Indirect Cost
None Sub-total 0 0
Total Cost of Project 21:1.000
213.600
FORM :IOO-<l6S-{)1
SAFETy
OG<:: 09/94
-,L
Budget Narrative
FORM 500-.06S-{)1
SN'Ery
OGC ' 09/94
The following is a narrative description of the project budget by line item by category, detailing the item and
. 3lltiClpa[ed cost. Each category mus( be sufficiently defined (0 show cost relationship to project objectives, Attach
I rtc1ditional sheets as needed.
I
I
I
--"--
A. SALARIES AND BENEFITS
$ 130,030
1, Salaries for two police officers
at $44,409 each
$88,818
2. Retirement for two police officers
at 37.6% of annual salary at $16,698
$33,396
3. Health Insurance for two police officers
at 8.8% of annual salary at $3,908 each
$ 7, 816
B. OTHER PERSONAL SERVICES
-0-
C. EXPENSES
$3,000
1. 100 disposable pen lights at $10.00 each
$ 1,000
2. 100 orange Traffic cones at $20.00 each
$ 2,000
D.OPERATING CAPITAL OUTLAY
$80,600
1. Two fully equipped full size police
automobiles estimated at $35,000
each (includes in-car video system
and radar)
$ 70,000
2. Two (2) laptop computers with radio
interface and traffic safety software
$ 10,000
Television monitor, VCR and stand
600
TOTAL
$213,630
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Part IV: REpORTS
FORM ~s.()J
SAFETY
OGC 09/94
Quarterly Progress Report Narrative for the
quarter.
Project Title: Mi ami Beach our Enforcement Project
Project Number:
Implementing Agency:
Project Director:
Miami Beach Police Department
Sgt Grpg Rlltlpr
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.
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FORM 500-06S~1
SAFETY
OGC - 09/94
Final Narrative Report
Project Title:
Project Number:
Implementing Agency: Miami Beach Pol ice Department
Mi ami Rpflrh nllT I='l1fnrrpmpnt
Project Director:
Sgt. Greg BlJtl er
The following is a chronological narrative history of the above listed project in accordance with Pan V: Acceptance
and Agreement, Conditions of Agreement, 1. Repons. It is and accurate accounting of the project performance and
accomplishments. (Attach additional sheets as needed.)
9
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
STATE SAFETY OFFICE
Part V: ACCEPTANCE AND AGREEMENT
FORM SOO-06S.()1
SAFETY
OGC ' 09/94
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.
1. Reports. The subgrantee shall submit Quarterly Progress Reports (See Instructions for Submitting Quarterly
Progress Reports) including Performance Indicators and a Narrative Statement detailing project status, to the
State Safety Office by January 31, April 30, July 31"and October 31 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 encountered, and major accomplishments in addition to specifically addressing the
subgrant objectives and performance 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 Final. Failure to comply will be grounds for forfeiture of reimbursement.
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 Department. All expenditures and cost accounting of funds shall conform to 49
CFR 18, Uniform Administrative Requirements for Grants and Cooperative Agreements with State and Local
Governments (Revised A-102) and A-87, or OMB Circulars A-lIO and A-21, in the entirety. All funds not
spent in accordance 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's Competitive
Negotiation Act.
4. Approval of Consultant Agreements. The Department of Transportation shall review and approve 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 Determining Costs Applicable to Grants and
Contracts with State and Local Governments, Office of Management and Budget Circular No. A-87, Cost
Principles Applicable to Grants and Contracts with State and Local Governments, Office of Management and
Budget Circular No. A-21, Cost Principles for Educational Institutions or OMB Circular A-122, Cost
Principles for Non-Profit OrganizaJion. All procedures employed in the use of Federal funds for 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-lIO and Florida law to be eligible for
reimbursement.
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 excess of provisions in
Section 112.061, Florida Statutes.
10
FORM SOO-06S~1
SAFETY
OGC ' 09/94
7. Written Approval of Changes. Subgrantees must obtain prior written approval from the Department for
changes. For example:
(a) Changes in project activities, designs, 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 subgrantees will
be subject to the availability to the availability of Federal Highway Safety funds and an annual appropriation
by the Legislature. As approved in 49 CFR, Part 29, subgrantees shall not be reimbursed for the cost of
goods or services received from contractors, vendors, or individuals suspended or debarred form doing
business with the Federal government.
9. Commencement of Projects. If a project has not commenced within 30 days after the acceptance 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 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 Department of Transportation. Upon receipt of the 60-day letter, the Department may
cancel the project and reobligate the funds to other program areas. The Department, where warranted by
excusable delay, may extend the implementation date of the project past the 60 day period, but only by fOnnal
written amendment to the agreement.
10. Excusable Delays.
(a) Except with respect to the 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 of negligence of the subgrantee. Such causes may include, but are
not restricted to, acts of God or of the public enemy, acts of the Government in either its sovereign or
contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually
severe weather, but in ever 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 (1) the supplies or services to be furnished by the consultant were obtainable from other sources, (2)
the State Safety Office shall have ordered the subgrantee in writing to procure such supplies or services from
other sources, and (3) the subgrantee shall have failed to comply reasonably with such order.
(b) Upon request of the subgrantee, the State Safety Office, shall ascertain the facts and extent of such failure
and, if it shall be determined that any failure to perform was occasioned by anyone or more of the said
causes, the delivery schedule shall be revised accordingly.
11. Obligation of Subgrant Funds. Subgrant funds may not under any circumstances be obligated prior to the
effective date or subsequent to the termination date of the subgrant period. Only project costs incurred on or
after the effective date and on or prior to the termination date of the subgrant application are eligible for
reimbursement. A cost is incurred when subgrantee's employee or consultant performs the service required,
or when goods are received by the subgrantee, not-withstanding the date of order.
12. Performance. In the event of default, noncompliance, or violation of any provision of this agreement by the
subgrantee, the subgrantee's consultant(s) and supplier(s), or both, the Department of Transportation shall
impose such sanctions as it deems appropriate. Such sanctions include withholding of payments, cancellation, termination, or suspension of the agreement in whole or in part. In such an event, the Department shall notify
the subgrantee of such decision 30 days in advance of the effective date of such sanction. The subgrantee
shall be paid only for those services satisfactorily performed prior to the effective date of such sanction.
FORM 500-06S.{)1
SAFETY
OGC ,09/94
13. Access to Records. The Department, 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 examination of
books, documents, papers, and records of the subgrantee, and to relevant books and records of subgrantees
and contractors, as provided under Section 402(1) of the Highway Safety Act of 1966, Public Law 89-564, as
amended. The Department shall unilaterally cancel this subgrant if the subgrantee refuses to allow public
access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S., and
made received by the subgrantee in conjunction 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 Governments, OMB Circular A-133, Audits of Institutions of Higher
Education and other Nonprofit Organizations, or OMB Circular No. A-lID, Attachment F, will be met as
they pertain 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 act.Ial subgrant cost 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 determined to be misspent are
subject to refund or other resolution regardless of disclosure in the audit report.
15. Procedures for Reimbursement. All request for reimbursement of sub grant costs must be submitted on
forms provided by the Department (DOT 500-065-04 thro 07, which are hereby incorporated by reference
under rule 14-98.008). Appropriate documentation supportive of the reported costs must accompany each
claim. Requests should be submitted on a regular basis as costs are incurred. All requests for reimbursement
for Operation 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 (Non-Expendable Property Accountability Record, DOT 500-
065-09, which is hereby incorporated by reference).
16. Retention of Records. All records and financial documents must be maintained for minimum period of three
years for 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, inventions 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-llO, Attachment N, Paragraph 8, hereby incorporated by
reference.
18. Property Accountability. The subgrantee shall establish and administer 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-lID, Attachment N. This obligation
continues as long as the property is retained by the subgrantee, notwithstanding the expiration of this
agreement.
19. Disputes. Any dispute, disagreement, or question of fact arising under the agreement shall be decided by the
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 at the Florida Department of Transportation,
605 Suwannee Street, M.S.-57, Tallahassee, Florida 32399-0450, whose decision is final. The subgrantee
shall proceed diligently with the performance of the agreement and in accordance with Department decision.
20, Conferences, Inspection of Work. Conferences may be held at the request of any party to this agreement.
Representatives of the Florida Department of Transportation or the U.S. Department 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.
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FORM 500-065-01
SAFETY
OGC 09/94
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 following
statement on the cover page:
(1) This report was prepared for the State Safety Office, Department of Transportation, State of Florida
in cooperation with the National Highway Traffic Safety Administration, U.S. Department of
Transportation and/or Federal Highway Administration, U.S. Department of Transportation.
(2) The conclusions and opinions expressed in these reports are those of the subgrantee and do not
necessarily represent those of the State of Florida, Department of Transportation, State Safety Office, the
U.S. Department of Transportation or any other agency of the State or Federal Government.
22. Equal Employment Opportunity. No person shall, on the grounds of race, 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 subgrant supported by such
requirements of Title VI of the Civil Rights Act of 1964, and all applicable requirement pursuant to the
regulations of the Department of Conunerce, Title 15, Code of Federal Regulations, Part 8, which have been
adopted by the U.S. Department 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, the 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), 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. Disadvantaged Business Enterprises. 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 DBE Contract Clauses:
(1) Policy. It is the policy of the U.S. Department of Transportation that disadvantaged business
enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the
performance of contracts on subcontracts financed in whole or in part with Federal funds provided
under this agreement. Consequently, the DBE requirements of 49 CPR Part 23 apply to this
agreement.
(2) DBE Obligation. The recipient or its contractor agrees to ensure that disadvantaged business
enterprises as defined in 49 CPR Part 23 have the maximum opportunity to participate 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 disadvantage 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 of U.S. DOT-assisted contracts.
-1..L
FORM 500-{)(,S-D I
SAFETY
OGC ' 09/94
25. Restrictions on Lobbying.
The recipient agrees to comply with Section 319 of Public Law 10 1-121 as provided for in the
Govemmentwide Guidance For New Restrictions on Lobbying; Interim Final Guidance published in the
December 20, 1989, Federal Register.
Each person shall file the most current edition of this certification and disclosure fonn, if applicable, with
each submission that initiates agency consideration of such person for an award of a Federal contract, grant,
or cooperative agreement of $100,00 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 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 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 modification 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 of 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 undersigned shall complete and submit Federal
Standard Form #LLL, Disclosure of Lobbying Activities, in accordance with its instructions.
(c) The undersigned shall require that the language of this certification be included in the award
docwnents for all subawards at all tiers and that all sub recipients shall certify and disclose
accordingly.
(d) No funds granted hereunder shall be used for the purpose of lobbying 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 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. Officials Names on Printed Materials and Promotional Items. The name of the Implementing Agency and
the Agency's logo can be used on printed materials and promotional items. The names of individuals
connected with the Subgrant Agency and the Implementing Agency shall not appear on printed materials and
promotional items paid for with Federal Highway Safety funds.
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FORM 500-065-0 I
SAFETY
aGe, 09/94
29. Tenn of Agreement. All subgrant agreements shall begin on the date of the last party to sign and shall end on
September 30, following.
30. Buy America Act. The subgrantee and its contractors will comply with the provisions of the Buy America Act.
The U.S. DOT reference to the Buy America Act is 23 U.S.C. 101 Note and the Federal governmentwide
reference is 23 U.S.c. lOa.
31. Special Conditions.
A. The Chief of Police will send a letter to the Safety Office after the award of the subgrant certifying that
two new positions were created in the agency as a result of the subgrant being awarded,
B. When invited to participate in sobriety checkpoints, the agency will schedule these two officers to
participate as part of their regular shift if their schedules permit.
15
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.
JOSE GARCIA PEDROSA
Authorized Representative's Name Typed
CITY MANAGER
TRATOR OF IMPLEMENI'ING AGENCY
RICHARD BARRETO
Administrator's Name Typed
CHIEF OF POLICE
NOTE: No whiteout or erasures accepted on this signature page.
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