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Subgrant for Highway Traffic Safety Funds
c;2101 g Z8) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 600465.01 SUBGRANT FOR HIGHWAY TRAFFIC SAFETY FUNDS SAFETY For F.D.O.T Use Only FDOT Contract Number: G0716 Project Number: M5HVE-16-06-14 Federal Funds Awarded: $100,000.00 FDOT DUNS Number: 80-939-7102 Subgrant Award(Start)Date: 12114/2015 Subgrant End Date: 9/30/2016 Revision Dates: , , , _Part I: GENERAL ADMINISTRATIVE INFORMATION (See Instructions) 1. Project Title: Miami Beach Police Department Overtime DUI Enforcement Program 2. Federal Total Funding: $100,000.00 Match: $42,000.00 Cost: $142,000.00 3. Subrecipient Agency: 4. Implementing Agency: Name: City of Miami Beach Name: City of Miami Beach Address Line 1: 1700 Convention Center Drive Address Line 1: 1700 Convention Center Drive Address Line 2: Address Line 2: City: Miami Beach City: Miami Beach State: FL State: FL Zip: 33139- Zip: 33139- 5. Federal ID Number or 29 Digit FLAIR Account Number(State Agencies):596000372 6. DUNS Number:020546289 7. Chief Financial Officer. 8. Project Director: Name: John Woodruff Name: Officer Nick Guasto Address Line 1: 1700 Convention Center Drive Address Line 1:1100 Washington Avenue Address Line 2: Address Line 2: City: Miami Beach City: Miami Beach State: FL State: FL Zip: 33139- Zip: 33139- Telephone Number: (305 ) 673 - 7000 ext.6224 Telephone Number: (954 ) 243 - 5446 ext. E-Mail Address: johnwoodruff©miamibeachfl.gov E-Mail Address: nickguasto @miamibeachfl.gov 9. Financial Reimbursement Contact: 10. Project Activity Contact • Name:Mauvett Rattigan Name:Judy Hoanshelt Title: Public Safety Management Title:Police Officer Telephone Number: (305 ) 673 - 7776 ext.5837 Telephone Number: (305 ) 673 - 7000 ext. 6183 E-Mail Address: mauvettrattigan@miamibeachfl.gov E-Mail Address: judyhoanshelt©miamlbeachfl.gov 11. Payment Remittance Address: Address Line 1:Finance Department Address Line 2: 1700 Convention Center Drive City: Miami Beach State: FL Zip: 33139- 1" • 500-08541 SAFETY 09/15 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. Project Objectives 4. Evaluation 5. Milestones(Use form provided) 1.Statement of the Problem Impaired driving is a serious problem In Florida,specifically in Miami Beach. The Florida Strategic Highway Safety Plan continues to emphasize impaired driving as a"Continuing Priority with ongoing high-visibility enforcement campaigns to reduce impaired driving as the primary action. According to the Highway Safety Matrix(Group 1-Population of 75,000 and above-31 cities),Miami Beach ranks 6th out of 31 cities in impaired driver related crashes(top 19%). Although Miami Beach ranks#6 of 31 in impaired driver related crashes,Miami Beach has the smallest land mass out of all 31 cities in Group 1 by a significant margin. Miami Beach is only 7.0 square miles of land,while 23 of the 31 cities are at least 25 square miles,with several of them being more than 100 square miles.The Group 1 city with the 2nd smallest amount of land area is Deerfield Beach with 16.3 square miles,still over twice the land area of Miami Beach. While it would be natural for one to compare cities of similar population size and land mass, it is simply impossible to compare the two cities. Miami Beach is a worldwide destination known for its nightlife and special events. There are over 280 establishments in Miami Beach that serve alcohol. Miami Beach is also the host city of several large events that are produced yearly. These events draw thousands of visitors to our city each year. Some of the large special events hosted by Miami Beach are Art Deco Weekend, Miami International Boat Show,Miami Beach Yacht and Brokerage Show, South Beach Food and Wine Festival, Urban Beach Weekend, Spring Break(6 weeks spanning February April),Art Basel, as well as numerous holiday weekends(July 4, Labor Day, etc.). These events attract Miami Beach residents and visitors alike. There are no other cities,similar in size to Miami Beach,who are home to as many Special Events,while simultaneously boasting a world-class nightlife. The City of Miami Beach is home to approximately 90,000 daily residents,as reflected by its Group 1 Inclusion. The 90,000 resident number is deceiving, however. It is estimated that Miami Beach experiences a population Influx on weekends,swelling the number of people in Miami Beach to upwards of 200,000 people. This number is even more drastic during Special Event weekends. This number can approach 350,000 to 500,000 people during these times. While progress has been made with regard to impaired driver related crashes,this is not to Imply that the issue has been solved. The factors previously described create an atmosphere ripe for tragedy. The Miami Beach Police Department is doing everything it can to combat this epidemic, but at the end of the day,the resources to truly put a dent Into the Issue are not present. Miami Beach Police Officers are tasked with providing service to all of the residents and visitors who patronize our city. Miami Beach Police Department(MBPD) is currently short approximately 25 sworn officers, and while the agency is attempting to hire more, it Is difficult to keep up with attrition. Simply put,the city does not have the manpower and resources to dedicate a group of officers to Driving Under the Influence(DUI)enforcement. Considering the dynamics and profile of this community, combined with the rankings in the Highway Safety Matrix,the related tragedies to victims in fatalities,injuries, costs with regard to property, and the"Continuing Priority"status in the statewide plan, DUI and Impaired Drivers continue to be a serious public safety issue for the City of Miami Beach. 2.Proposed posed Solution To fund the Miami Beach Police Department Overtime DUI Enforcement Program,we are requesting funds in the amount of$100,000 for overtime and benefits. The Miami Beach Police Department Overtime DUI Enforcement Program will be implemented using countermeasures that work as detailed in the National Highway Traffic Safety Administration's"Counter Measures that Work:A Highway 2 500-05541 SAFETY 09/15 • I State dearly 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. Project Objectives 4. Evaluation 5. Milestones(Use form provided) Safety Countermeasure Guide for State Highway Safety Offices." These will Include publicized sobriety Checkpoint programs(2.1), publicized Saturation Patrol programs(2.2)and Mass Media Campaigns(5.2). To continue the downward trend of impaired driver related crashes in Miami Beach by enhancing its enforcement efforts, MBPD will Increase the number of DUI Checkpoints and Saturation Patrols conducted in Miami Beach. In 2014,a total of 7 Saturation Patrols and 1 Checkpoint was conducted. In 2013, a total of 5 Saturation Patrols and 1 Checkpoint was conducted. In 2012,a total of 4 Saturation Patrols and 3 Checkpoints were conducted. Through Florida Department of Transportation(FDOT)assistance and funding, MBPD will increase the number of Saturation Patrols and Checkpoints drastically. It is the goal of MBPD to conduct at least 15 FDOT funded Saturation Patrols and 2 FDOT funded Checkpoints in FY 2015-2016. This will be in addition to 1 MBPD funded Checkpoint and 6 MBPD-funded Saturation Patrols,for a total of 21 Saturation Patrols(twice monthly)and 3 Checkpoints(various times throughout the year). In each Saturation Patrol, MBPD will employ at least 6 Police Officers and 1 Sergeant on Overtime for the purpose of enforcing traffic laws and searching for Impaired drivers. For the Checkpoint operations, MBPD will employ 1 Lieutenant (Checkpoint Commander), 1-2 Sergeants, 15 Police Officers, 1 Detention Officer,and 1 Public Safety Specialists. Personnel Services Request:Overtime salary and benefits for essential personnel working DUI Checkpoints and Saturation Patrols,as weli as those directly involved with the clerical functions. This funding will be spread over the length of the grant period for sworn and non-sworn law enforcement personnel with the ranks of Public Safety Specialist, Police Officer, Detention Officer,Sergeant and Lieutenant. MBPD will show zero tolerance for motorists who are impaired,and will utilize officers training in Standardized Field Sobriety Testing as a minimum qualification to participate. We will employ highly trained Advanced Roadside Impaired Driving Enforcement(ARIDE)and Drug Recognition Expert(DRE)officers whenever possible for our operations. Each checkpoint will provide a high visibility police presence In an effort to reduce crashes. We will coordinate with the Miami- Dade State Attorney's Office to ensure compliance with legal guidelines,as well as the local news media to raise awareness of our operations. The Miami Beach Police Department,with assistance from the Public Information Office,will conduct a mass media campaign through Its various social media outlets to publicize enforcement operations and to help spread the message of the"Drive Sober or Get Pulled Over"enforcement campaign. 3. Project Objectives 1. Reduce the number of impaired driver related crashes by 3%during from the most recent available 3 year average. 2. Increase the number of DUI arrests by MBPD by 7%from the previous year(grant period). 3. Conduct at least 15 grant funded Saturation Patrols and 6 MBPD funded Saturation Patrols during the grant period. 4.Conduct at least 2 grant funded Checkpoints and 1 MBPD funded Checkpoints during the grant period. 5. Educate 100%of the motorists encountered during DUI Operations(saturations and checkpoints)on the dangers of impaired driving,consistent with the"Drive Sober or Get Pulled Over"enforcement campaign. 6.Publicize the efforts of the Miami Beach Police Department Overtime DUI Enforcement Program through the Public Information Office through various social media outlets. 3 500-085.01 SAFETY 09/15 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. Project Objectives 4. Evaluation 5. Milestones(Use form provided) 4.Evaluation 1.Outcome evaluation-Reduction of impaired driver crashes will be tracked by analyzing crash reports generated during the grant period and strategically planning the day,time,and locations of our operations. 2.Outcome evaluation-Increase in DUI arrests will be tracked by analyzing DUI arrest statistics during the grant period. Officers will show zero tolerance to DUI offenders. 3. Impact-Each Saturation Patrol will be tracked and the statistics generated will be documented. Operations will be planned so they have the greatest impact relative to our other goals. 4. Impact-Each Checkpoint will be tracked and the statistics generated will be documented. Operations will be planned so they have the greatest impact relative to our other goals. 5. Outcome evaluation-An after action report with statistics will be generated after each operation. Officers will be provided DUI educational pamphlets to furnish to motorists they contact. The number of issued pamphlets will be tracked. 6. Impact-The Public Information Office will publicize all operations conducted as a part of the Miami Beach Police Department Overtime DUI Enforcement Program via social media. The amount of"views"or"likes"will be tracked to gauge the best method of providing the information. A press release to local media will also be issued for each operation for public awareness. 4 500-085-01 SAFETY 09/15 Timetable for Milestones Milestones id Quarter 2nd Quarter 3rd Quarter 4th Quarter (OCT,NOV,DEC) (JAN,FEB,MAR) (APR,MAY,JUN) (JUL,AUG,SEP) Conduct all DUI Enforcement Operations El Participate in Mass Media Campaigns in conjunction with Mother's Against Drunk Driving(MADD)and National ® ® ►�� Highway Traffic Safety Administration(NHTSA) Ensure officers making arrests and actively seeking to arrest DUI arrests have the required training ® ❑ ❑ ❑ Submit Quarterly Reports and reimbursement claims Submit Final Narrative report ❑ ❑ ❑ El ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ • 5 500-065-01 SAFETY 08/15 Part III: PROJECT DETAIL BUDGET Project Title: Miami Beach Police Department Overtime DUI Enforcement Program Project Number: M5HVE-16-06-14 FDOT Contract Number: G0715 Each budget category subtotal and individual line item costs listed below cannot be exceeded. The FOOT State Safety Office may approve shifts between budget categories and line items via an amendment. BUDGET CATEGORY NARRATIVE TOTAL FEDERAL MATCH COST FUNDS A.Personnel Services Overtime Salary Overtime salary costs not to include $142,000 $100,000 $42,000 benefits $ 0 $0 $0 $ 0 $0 $0 ' $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 Subtotal $142,000 $100,000 $42,000 B.Contractual Services $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 Subtotal $ 0 $ 0 $ 0 C. Expenses $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 Subtotal $ 0 $ 0 $ 0 Amendment Number: (FOOT Only) Effective Date: (FDOT Only) 6 (' 800-063.01 SAFETY 09!16 Part III: PROJECT DETAIL BUDGET Project Title: _Miami Beach Police Department Overtime DUI Enforcement Program Project Number: M5HVE-16-06-14 FDOT Contract Number: G0715 Each budget category subtotal and individual line item costs listed below cannot be exceeded. The FDOT State Safety Office may approve shifts between budget categories and line items via an amendment. BUDGET CATEGORY NARRATIVE TOTAL FEDERAL MATCH COST FUNDS D.Operating Capital Outlay $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 so $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 : $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 Subtotal $ 0 $ 0 $ 0 E. Indirect Cost $ 0 $0 $0 Subtotal $ 0 $ 0 $ 0 Total Cost of Project $142,000 $100,000 $42,000 Amendment Number: (FDOT Only) Effective Date: (FDOT Only) • 7 500-086-01 SAFETY 09/16 PART IV: QUARTERLY PROGRESS REPORT OF PERFORMANCE INDICATORS Project Title: Miami Beach Police Department Overtime DUI Enforcement Program Project Number: M5HVE-16-06-14 FDOT Contract Number: G0715 Implementing Agency: Miami Beach Police Department Performance Milestones Accomplished Indicators (Number of instances or Percentage Complete) Quarter Quarter Quarter Quarter Ending Ending Ending Ending Project Totals December 31 March 31 June 30 September 30 Number of subgrant funded saturation patrols 0 Number of DUI arrests during subgrant funded saturation patrols 0 'Persons-not charges Number of subgrant funded checkpoints 0 Number of DUI arrests during subgrant funded checkpoints *Persons-not charges 0 Number of motorcyclist arrested for DUI (Will be a portion of the total DUI's-Do not subtract from the other totals) 0 Number of speeding citations issued during subgrant operations 0 Number of safety belt citations i ssued during subgrant operations 0 ' Number of.02 violations and open container citations issued during subgrant operations 0 Number of other citations issued during subgrant operations 0 8 800-08501 SAFETY 09118 Part V: Acceptance and Agreement Conditions of Agreement Upon approval of this Subgrant for Highway Safety Funds,the following terms and conditions shall become binding. Noncompliance will result in loss of,or delays in,reimbursement of costs as set forth herein. 1. Reports. The subgrant year quarters are October 1 -December 31,January 1 -March 31,April 1 -June 30, and July 1 - September 30. The Implementing agency shall submit the Quarterly Progress Report and Quarterly Progress Report of Performance Indicators(FDOT Form No.500-065-19)form to the FOOT State Safety Office by the last day of the month following the end of each quarter(January 31, April 30, July 31, and October 31)if the subgrant was effective during any part of the quarter. Quarterly reports postmarked after the respective submission dates listed above shall be considered past due. The implementing agency shall submit a Final Narrative Report (FDOT Form No. 500-065-20), giving a chronological history of the subgrant activities, problems encountered, and major accomplishments by October 31. Requests for reimbursement will not be processed and may be returned to the subrecipient or Implementing agency as unpaid if the required reports are past due,following notification. 2. Responsibility of Subreciplent. The subreciplent and its implementing agency shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. AU monies spent on this project shall be disbursed in accordance with provisions of the Project Detail Budget as approved by the FDOT State Safety Office. All expenditures and cost accounting of funds shall conform to 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements For Federal Awards, herein Incorporated by reference,(hereinafter referred to as Applicable Federal Law). 3. Compliance with Chapter 287, Florida Statutes. The subrecipient and implementing agency agree to comply with all applicable provisions of Chapter 287, Florida Statutes. The following provisions are stated in this agreement pursuant to sections 287.133(2)(a)and 287.134(2)(a), Florida Statutes. (a) Section 287.133(2)(a), F.S. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal,or reply on a contract to provide goods or services to a public entity may not submit a bid,proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals,or replies on leases of real property to a public entity;may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. (b) Section 287.134(2)(a),F.S. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal,or reply on a contract to provide any goods or services to a public entity may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals,or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. 4. Approval of Consultant and Contractual Service Agreements. The FOOT State Safety Office shall review and approve In writing all consultant and contractual service agreements prior to the actual employment of the consultant or the contractor by the subrecipient or Implementing agency. Approval of the subgrant does not constitute approval of a consultant or contractual service agreement. All contractual service agreements shall Include as a minimum the following information: Beginning and end dates of the agreement(not to exceed the subgrant period); Total contract amount; Scope of work/Services to be provided; Quantifiable,measureable,and verifiable'units of deliverables; Minimum level of service to be performed and criteria for evaluating successful completion; Budget/Cost Analysis;and Method of compensation/Payment Schedule. 9 500-065-01 SAFETY 09/15 All contractual service agreements shall contain the following statement: The parties to this contract shall be bound by all applicable sections of Part V: Acceptance and Agreement of Project#(insert project number), FDOT Contract#(insert contract number). A final invoice must be received by (insert date)or payment will be forfeited. All invoices for contractual services shall contain the following certification statement and must be signed by the contractor: All costs are true and valid costs incurred in accordance with the agreement, deliverables were received and accepted. 5. Allowable Costs. The allowability of costs Incurred under any subgrant shall be determined in accordance with the general principles of allowability and standards for selected cost items set forth In the Applicable Federal Law and state law,to be eligible for reimbursement. All funds not spent inr accordance with the Applicable Federal Law will be subject to repayment by the subrecipient. Only costs directly related to subgrant shall be allowable. 6. Travel. Travel costs for approved travel shall be submitted on the FDOT Contractor Travel Form (FDOT Form No. 300-000-06) or other approved Florida Department of Financial Services form and will be reimbursed in accordance with Section 112.061,F.S and the most current version of the Disbursement Handbook for Employees and Managers. All out-of-state travel, conference travel, meeting travel which Includes a registration fee, and out-of-subgrant-specified work area travel shall require written approval of the FDOT State Safety Office prior to the incurring of actual travel costs as being within the travel budget of the project and relevant to the project. Out-of-state travel shall not be approved unless the specific trip is in the approved subgrant budget or the head of the Implementing Agency provides sufficient justification to prove that the travel will have significant benefits to the outcome of the subgrant activities. Prior written approval shall be obtained from the FDOT State Safety Office for hotel rooms with rates exceeding$150 per day that are to be reimbursed. Rates exceeding$150 per day shall not be approved unless the hotel is the host facility for an approved conference or the average rate for all hotels In the area exceeds$150. 7. Subgrannt Amendments. The subrecipient or implementing agency shall obtain prior written approval from the FDOT State Safety Office for changes to the agreement. Amendments to the agreement will be approved which achieve or improve upon the outcome of the subgrant work, or where factors beyond the control of the subrecipient require the change. For example: (a) Changes in project activities,milestones,or performance Indicators set forth in the approved subgrant. (b) Changes in budget items and amounts set forth in the approved subgrant. (c) Changes to personnel In positions that are being reimbursed by this agreement. Amendments to the subgrant agreement shall be in the form of a written request signed by the Authorized Representative of the Subrecipient or the Administrator of the Implementing Agency. Delegations of signature authority will not P P 9 �9 �Y � 9 ty be accepted for amendment requests without prior written approval. 8. Reimbursement Obligation. The State of Florida's performance and obligation to reimburse the subrecipient shall be subject to the availability of Federal highway safety funds and an annual appropriation by the Legislature. As detailed in 49 CFR, Part 29, Governmentwide Debarment and Suspension (Nonprocurement) and Governmentwlde Requirements for Drug-Free Workplace (Grants), herein incorporated by reference, the subrecipient shall not be reimbursed for the cost of goods or services received from contractors, consultants, vendors, or Individuals suspended, debarred, or otherwise excluded from doing business with the Federal government. The subrecipient or Its implementing agency shall submit the required certification by consultants with awards in excess of the small purchase threshold fixed at 10 U.S.C.2304(g)and 41 U.S.C.253(g)(currently$25,000). si 10 600085-01 SAFETY 09H5 9. Commencement of Projects. If a project has not commenced within 30 days after the acceptance of the subgrant award,the subrecipient or its implementing agency shall 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 subrecipient or its implementing agency to the FDOT State Safety Office. The subreclpient agrees that if the letter Is not received in the 60 days, the FDOT State Safety Office may cancel the project and reobligate the funds to other program areas. The FDOT State Safety Office, where warranted by excusable delay, will extend the implementation date of the project past the 60- day period, but only by formal written approval from the FDOT State Safety Office. 10. Excusable Delays. Except with respect to the defaults of subrecipient's or implementing agency's consultants and contractors which shall be attributed to the subrecipient, the subrecipient and its implementing agency 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 subrecipient or Its Implementing agency. Such causes are acts of God or of the public enemy, acts of the Government in either Its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but In every case the failure to perform must be beyond the control and without the fault or negligence of the subrecipient. If the failure to perform is caused by the failure of the subreclplent's or its implementing agency's consultant or contractor to perform or make progress, and if such failure arises out of causes beyond the control of the subrecipient, its implementing agency and its consultant or contractor, and without the fault or negligence of any of them, the subrecipient shall not be deemed to be in default, unless (1)the supplies or services to be furnished by the consultant or contractor were obtainable from other sources, (2)the FDOT State Safety Office shall have ordered the subreclpient or its implementing agency In writing to procure such supplies or services from other sources, and (3)the subrecipient or its implementing agency shall have failed to comply reasonably with such order. Upon request of the subrecipient or Its Implementing agency, the FDOT 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 any one or more of the said causes,the delivery schedule shall be revised accordingly. 11. Obligation of Subgrant Funds. Subgrant funds may not be obligated prior to the effective date or subsequent to the end date of the subgrant period. Only project costs incurred on or after the effective date and on or prior to the end date of the subgrant are eligible for reimbursement A cost is incurred when the subrecipients employee, its implementing agency, or approved contractor or consultant performs the service required or when goods are received by the subreciplent or its implementing agency,notwithstanding the date of order. 12. Performance. In the event of default, noncompliance, or violation of any provision of this agreement by the subrecipient, the implementing agency, the subrecipient's consultant(s) or contractor(s) and supplier(s), the subrecipient agrees that the Department will Impose sanctions. Such sanctions Include withholding of reimbursements, retainage, cancellation, termination, or suspension of the agreement In whole or in part. In such an.event, the Department shall notify the subrecipient and its Implementing agency of such decision 30 days in advance of the effective date of such sanction. The sanctions Imposed by the Department will be based upon the severity of the violation,the ability to remedy, and the effect on the project. The subrecipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. 13. Access to Public Records and Monitoring. The Department, National Highway Traffic Safety Administration (NHTSA), Federal Highway Administration (FHWA), Chief Financial Officer(CFO), and Auditor General(AG)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 subrecipient and its implementing agency, and to relevant books and records of the subrecipient, its implementing agency, and its consultants and contractors under this agreement, as provided under Applicable Federal Law. In addition to review of audits conducted in accordance with 2 CFR Part 200, herein incorporated by reference, monitoring procedures will include, on-site visits by Department staff, limited scope audits as defined by 2 CFR Part 200, and status checks of subgrant activity via telephone calls from FDOT State Safety Office staff to subreciplents. By entering into this agreement,the subrecipient and its Implementing agency agree to comply and cooperate with monitoring procedures. In the event that a limited scope audit of the subrecipient or its implementing agency is performed,the subrecipient agrees to bring the project Into compliance with the subgrant agreement The subrecipient further agrees to comply and cooperate 11 800-085.01 WEN 09/15 with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. The subrecipient and implementing agency agree to comply with all provisions provided in Chapter 119 Florida Statutes. If the subrecipient receives a public records request concerning its work undertaken pursuant to a Department contract, the subrecipient must take appropriate action as required by Chapter 119, Florida Statutes. If the subrecipient is unable to ascertain how best to comply with its obligations,it should seek the advice of counsel and/or FDOT State Safety Office. The Department shall unilaterally cancel this subgrant if the subreciplent or Its Implementing agency 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 subrecipient or its Implementing agency in conjunction with the subgrant. Records of costs incurred under the terms of this subgrant shall be maintained and made available upon request to the Department at all times during the period of this subgrant and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Other Party's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. 14. Audit. The administration of resources awarded through the Department to the subrecipient by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or limit the authority of any State agency inspector general, the State of Florida.Auditor General or any other State official. The subrecipient shall comply with all audit and audit reporting requirements as specified below. (a) In addition to reviews of audits conducted in accordance with OMB Circular A-133, for fiscal years beginning before December 26,2014,and in accordance with 2 CFR Part 200, Subpart F-Audit Requirements,for fiscal years beginning on or after December 26,2014, monitoring procedures may include but not be limited to on-site visits by Department staff and/or other procedures including, reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to Federal awards provided through the Department by this Agreement. By entering Into this Agreement, the subrecipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The subrecipient further agrees to comply and cooperate with any Inspections, reviews, investigations, or audits deemed necessary by the Department,State of Florida Chief Financial Officer(CFO)or State of Florida Auditor General. • (b) The subrecipient, a non-Federal entity as defined by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and as defined by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, as a subrecipient of a Federal award awarded by the Department through this Agreement is subject to the following requirements: (1) In the event the subrecipient expends a total amount of Federal awards equal to or in excess of the threshold established by OMB Circular A-133, for fiscal years beginning before December 28, 2014, and established by 2 CFR Part 200, Subpart F-Audit Requirements, for fiscal years beginning on or after December 26, 2014, the subrecipient must have a Federal single or program-specific audit for such fiscal year conducted in accordance with the provisions of OMB Circular A-133, for fiscal years beginning before December 28, 2014, and in accordance with the provisions of 2 CFR Part 200, Subpart F--Audit Requirements, for fiscal years beginning on or after December 26, 2014. Part Vi to this Agreement provides the required Federal award identification information needed by the subreciplent to further comply with the requirements of OMB Circular A-133,for fiscal years beginning before December 26, 2014,and the requirements of 2 CFR Part 200, Subpart F-Audit Requirements, for fiscal years beginning on or after December 26,2014. In determining Federal awards expended in a fiscal year, the subreciplent must consider all sources of Federal awards based on when the activity related to the Federal award occurs, Including the Federal award provided through the Department by this Agreement The determination of amounts of Federal awards expended should be In accordance with the guidelines established by OMB Circular A-133,for fiscal years beginning before December 26, 12 500-08541 SAFETY 09/15 2014, and established by 2 CFR Part 200, Subpart F-Audit Requirements, for fiscal years beginning on or after December 26, 2014. An audit conducted by the State of Florida Auditor General in accordance with the provisions of OMB Circular A-133,for fiscal years beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26,2014,will meet the requirements of this part. (2) In connection with the audit requirements, the subrecipient shall fulfill the requirements relative to the auditee responsibilities as provided in OMB Circular A-133,for fiscal years beginning before December 26, 2014, and as provided in 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26,2014. (3) in the event the subrecipient expands less than the threshold established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, in Federal awards, the subrecipient is exempt from Federal audit requirements for that fiscal year. However, the subrecipient must provide a single audit exemption statement to the Department at FDOTSinaleAudit Odot.state.fl.us no later than nine months after the end of the subrecipient's audit period for each applicable audit year. In the event the subrecipient expends less than the threshold established by OMB Circular A-133,for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F- Audit Requirements, for fiscal years beginning on or after December 26, 2014, in Federal awards In a fiscal year and elects to have an audit conducted In accordance with the provisions of OMB Circular A- 133, for fiscal years beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F-Audit Requirements,for fiscal years beginning on or after December 26, 2014, the cost of the audit must be paid from non-Federal resources(Le., the cost of such an audit must be paid from the subreciplent's resources obtained from other than Federal entities). (4) The subrecipient must electronically submit to the Federal Audit Clearinghouse (FAC) at httos://harvester.census.covffacweb/the audit reporting package as required by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and as required by 2 CFR Part 200, Subpart F- Audit Requirements, for fiscal years beginning on or after December 26, 2014, within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period. The FAC is the repository of record for audits required by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and for audits required by 2 CFR Part 200, Subpart F-Audit Requirements,for fiscal years beginning on or after December 26,2014,and this Agreement.However, the Department requires a copy of the audit reporting package also be submitted to FDOTSineleAuditt dot.state.fl.us within the earlier of 30 calendar days after receipt of the auditor's report(s)or nine months after the end of the audit period as required by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and as required by 2 CFR Part 200, Subpart F -Audit Requirements,for fiscal years beginning on or after December 26,2014. (5) Within six months of acceptance of the audit report by the FAC, the Department will review the subrecipient's audit reporting package,including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the Federal award provided through the Department by this Agreement. if the subrecipient fails to have an audit conducted in accordance with OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, for fiscal years beginning on or after December 26, 2014, the Department may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce compliance,which actions may include but not be limited to the following: 1.Temporarily withhold cash payments pending correction of the deficiency by the Agency or more severe enforcement action by the Department; 2.Disallow(deny both use of funds and any applicable matching credit for)all or part of the cost of the activity or action not In compliance; 3.Wholiy or partly suspend or terminate the Federal award; 13 1 500.08541 SAFETY OS/15 4.Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180 and Federal awarding agency regulations(or in the case of the Department, recommend such a proceeding be initiated by the Federal awarding agency); 5.Withhold further Federal awards for the Project or program; 6.Take other remedies that may be legally available. (6) As a condition of receiving this Federal award, the subrecipient shall permit the Department, or its designee, the CFO or State of Florida Auditor General access to the subrecipient's records including financial statements, the independent auditor's working papers and project records as necessary. Records related to unresolved audit findings, appeals or litigation shall be retained until the action Is complete or the dispute is resolved. (7) The Department's contact information for requirements under this part is as follows: Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 FDOTSincleAudit @dot.state.fi.us (c) The subrecipient shall retain sufficient records demonstrating its compliance with me terms of this Agreement fora riod of five years from the date the audit report is issued and shall allow the Department,or its designee, Pe the CFO or State of Florida Auditor General access to such records upon request. The subrecipient shall ensure that the audit working papers are made available to the Department, or its designee,the CFO, or State of Florida Auditor General upon request for a period of five years from the date the audit report is Issued unless extended in writing by the Department. 15. Cooperation with Inspector General.The sub recipient agrees to comply with Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. 16. Retention of Records. The subrecipient shall retain sufficient records demonstrating Its compliance with the terms of this agreement for a period of five years from the date the audit report Is issued, and shall allow the Department, or Its designee,the state CFO, or Auditor General access to such records upon request. The subrecipient shall ensure that the independent audit working papers are made available to the Department, or its designee, the state CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued,unless extended In writing by the Department. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Records shall also be maintained and accessible in accordance with 49 CFR, Section 18.42 or 49 CFR,Section 19.53. 17. Procedures for Reimbursement. All requests for reimbursement of subgrant costs must be submitted on forms provided by the Department(FDOT Form Numbers 500-065-04 through 09)unless otherwise approved. Forms must be completed in detail sufficient for a proper pre-audit and post audit based on the quantifiable, measurable, and verifiable units of deliverables and costs,including supportive documentation. Deliverables must be received and accepted In writing by the FDOT State Safety Office prior to payments. The subrecipient or its implementing agency shall submit financial reimbursement forms to the FDOT State Safety Office at least once each quarter as costs are Incurred and payment is made. The only exception is when no costs are incurred during a quarter. At a minimum, reimbursement for subgrants with personnel costs shall be made after every two pay periods if paid bi-weekly. Reimbursement of personnel costs shall be requested monthly if payroll is on a monthly basis. Failure to submit reimbursement requests in a timely manner may result in the subgrant being terminated. All requests for reimbursement of Operating Capital Outlay items having a unit cost of$5,000 or more and a useful life of one year or more shall be accompanied by a Non-Expendable Property Accountability Record(FDOT Form No. 500-065- 09). Reimbursement of Operating Capital Outlay costs shall not be made before receipt of this form. • 14 600-055-01 SAFETY 09/15 All requests for reimbursement shall be signed by an Authorized Representative of the Subredpient or the Administrator of the Implementing Agency, or their delegate. A final financial request for reimbursement shall be submitted and/or postmarked no later than October 31 following the end of the subgrant period. Such request shall be distinctly identified as Final. Failure to submit the invoice in a timely manner shall result in denial of reimbursement. The subrecipient agrees to forfeit reimbursement of any amount incurred if the final request is not submitted andlor postmarked by October 31 following the end of the subgrant period. Subreciplents providing goods and services to the Department should be aware of the following time frames. The FDOT State Safety Office has a 30-day review process to approve goods and services that starts on the date of receipt of tY Y P PP 9� Pt financial reimbursement request After that review and approval, the Department has 20 days to deliver a request for payment(voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. Financial reimbursement requests may be returned if not completed properly. If a payment is not available within 40 days from the FDOT State Safety Office approval,a separate interest penalty at a rate as established pursuant to Section 55.03(1), F.S.,will be due and payable, in addition to the financial reimbursement request amount, to the subrecipient. Interest penalties of less than one (1) dollar will not be enforced unless the subrecipient requests payment. Financial reimbursement requests that have to be returned to a subrecipient because of subrecipient preparation errors will result in a delay in the payment The financial reimbursement request payment requirements do not start until a properly completed financial reimbursement request is provided to the Department. Reimbursement shall be made only after receipt and approval of goods and services. If the Department determines that the performance of the subrecipient is unsatisfactory, the Department shall notify the subrecipient of the deficiency to be corrected, which correction shall be made within a time-frame to be specified by the Department.The subrecipient shall, within five days after notice from the Department, provide the Department with a corrective action plan describing how the subrecipient will address all Issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the Department, the subrecipient shall be assessed a non-performance retainage equivalent to 10% of the total financial reimbursement request The retainage shall be applied to the financial reimbursement request for the then current billing period. The retainage shall be withheld until the subrecipient resolves the deficiency. if the deficiency Is subsequently resolved, the subrecipient may bill the Department for the retained amount during the next billing period. If the subrecipient Is unable to resolve the deficiency,the funds retained may be forfeited at the end of the Agreement's term. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual indude acting as an advocate for subrecipients who may be experiencing problems in obtaining timely payment(s)from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516 or by calling the Division of Consumer Services at 1-877-693-5236. 18. 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 2 CFR, Section 200.315, Intangible property, herein incorporated by reference. 19. Property Accountability: The subrecipient or its Implementing agency shall establish and administer a system to control, protect, preserve, use, and maintain and dispose of any property furnished by the Department, or purchased pursuant to this agreement in accordance with Federal Property Management Standards as set forth in 49 CFR, Section 18.32,49 CFR 19,Section 19.34, or OMB Circular A-110, herein Incorporated by reference. This obligation continues as long as the property is retained by the subrecipient or its implementing agency, notwithstanding the ending of this agreement. 20. Disputes and Appeals. Any dispute, disagreement, or question of fact arising under the agreement may be addressed to the Traffic Safety Administrator of the FDOT State Safety Office in writing.The Traffic Safety Administrator's decision may be appealed in writing within 30 calendar days from the notification to the Governor's Highway Safety Representative,whose decision is final. Address'are: 15 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 5004=41 SUBGRANT FOR HIGHWAY TRAFFIC SAFETY FUNDS • SAFETY Florida Department of Transportation Florida Department of Transportation Attn: Traffic Safety Administrator Attn:Governor's Highway Safety Representative State Safety Office, MS 53 State Safety Office, MS 53 605 Suwannee Street 605 Suwannee Street Tallahassee,Florida 32399-0450 Tallahassee, Florida 32399-0450 The subrecipient and its implementing agency shall proceed diligently with the performance of the agreement and in accordance with Department's decision(s). 21. Conferences and inspection of Work. Conferences may be held at the request of any party to this agreement. Representatives of the Department or the U.S.Department of Transportation(USDOT),or both,shall be privileged to visit the site for the purpose of inspection and assessment of work being performed at any time. 22. Publication and Printing of Observational Surveys and Other Reports. (a) Before publication or printing, the final draft of any report or reports required under the agreement or pertaining to the agreement shall be submitted to the FDOT State Safety Office for review and concurrence. (b) Each publication or other printed report covered by Paragraph 21(a)above shall include the following statement on the cover page: (1) This report was prepared for the FDOT 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 subrecipient and do not necessarily represent those of the FDOT State Safety Office, Department of Transportation, State of Florida, and/or the National Highway Traffic Safety Administration, U.S. Department of Transportation and/or Federal Highway Administration, U.S.Department of Transportation,or any other agency of the State or Federal Government. 23. Equal Employment Opportunity. No person shall,on the grounds of race,color,religion, sex, handicap,or national origin,be excluded from participation in, be refused the benefits of, or be otherwise subjected to discrimination under this subgrant, or any project, program, or activity that receives or benefits from this subgrant award. The subrecipient and its implementing agency agree to comply with Executive Order (EO.) 11246, as amended by E.O. 11375, and as supplemented by 41 CFR,Part 60,herein incorporated by reference. 24. Responsibility for Claims and Liability. Subject to the limitations of Section 768.28, Florida Statutes, the subrecipient and its Implementing agency shall be required to defend, hold harmless and Indemnify the Department, NHTSA,FHWA,and USDOT,from all claims and liability,or both,due to negligence,recklessness,or intentional wrongful misconduct of subrecipient. Implementing agency, and its contractor, consultant, agents and employees. •The subrecipient and its implementing agency shall be liable for any loss of, or damage to, any material purchased or developed under this subgrant agreement which is caused by the subrecipient's or its implementing agency's failure to exercise such care in regard to said material as a reasonable careful owner of similar materials would exercise. The parties executing this agreement specifically agree that no provision in this agreement is intended to create in the public or any member thereof,a third party beneficiary, or to authorize anyone not a party to this agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this agreement. 25. Disadvantaged Business Enterprises(DBE). (a) The subrecipient and its implementing agency agree to the following assurance: The subrecipient and its implementing agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-assisted contract or in the administration of its DBE program required by 49 CFR, Part 26, herein incorporated by reference. The subrecipient shall take all necessary and reasonable steps under 49 CFR, Part 26 to ensure nondiscrimination in the award and administration of USDOT- assisted contracts. Implementation of this program Is a legal obligation and failure to carry out Its terms shall be treated as a violation of this agreement Upon notification to the subrecipient of its failure to carry out its approved program, the USDOT may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer 16 • 500-o65-01 SAFETY 09115 the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C.3801 et seq.), herein incorporated by reference. (b) The subrecipient and its Implementing agency agree to include the following assurance in each contract with a consultant or contractor and to require the consultant or contractor to include this assurance in all subcontract agreements: The consultant or contractor and subconsultant or subcontractor shall not discriminate on the basis of race,color, national origin, or sex in the performance of this contract. The consultant or contractor shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of USDOT-assisted contracts. Failure by the consultant or contractor to carry out these requirements is a material breach of this contract,which may result in the termination of this contract or such other remedy, as the subrecipient, its implementing agency, or the Department deems appropriate. • 26. Restrictions on Lobbying. The subrecipient and Its implementing agency agree to comply and require consultants and contractors to comply with 49 CFR, Part 20, New Restrictions on Lobbying,herein Incorporated by reference,for filing of certification and disclosure forms. No funds subgranted hereunder shall be used for the purpose of lobbying the legislature, judicial branch, or state agencies. Section 216.347, Florida Statutes. 27. 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. 28. Federal Requirement for Public Service Announcements, Marketing, and Advertisements. All public service announcements produced with Federal Highway Safety funds shall be closed captioned for the hearing impaired. Subreciplents that obtain subgrant funds to support paid advertising must provide the required Federal reporting information in their progress reports. 29. Public Service Announcements, Marketing, and Advertising. All paid media reimbursed with subgrant funds shall contain a traffic safety message. In order to maximize the effectiveness of the paid media, when marketing or advertising is included in subgrant activities, It shall be done only in conjunction with proven, effective countermeasures, and when the message of the media is designed to call attention to those countermeasures. Before incurring costs related to the paid media, a final draft of the media and media plan shall be submitted to the FDOT State Safety Office for review. Media plans should include the following: (1) What program/policy the paid media is supporting (2) How the paid media will be implemented to support an operational enforcement program whether it be a periodic crackdown/mobilization or an on-going saturation or roving patrol (3) The amount allocated for paid media (4) Anticipated creative costs associated with the paid media (5) The measures that will be used to assess message recognition and penetration of the target audience. The FDOT State Safety Office shall provide written approval for reimbursement If the paid media is appropriate for purchase under this agreement. Copies and/or images of all paid media purchased with Federal highway safety funds shall be attached to the forms requesting reimbursement. All subgrant funded public service announcements, marketing, and advertisements shall be tagged°Funding provided by the Florida Department of Transportation, or Funded by FDOT°. The name of the subrecipient or implementing agency and its logo can appear on the paid media but the names of individuals connected with the subrecipient.shall not appear when paid for with Federal highway safety funds. Contractual agreements for marketing and advertising which include communications, public information, and paid media expenditures shall not include gifts as defined by§112.312, Florida Statutes, which includes items such as tickets,seats, 17 500-086-01 SAFETY 09115 food, travel, apparel, memorabilia, etc., to any representative of this agreement or any of their traffic safety partners unless the item or service is regularly made available to the general public at no cost. 30. Public information and Education Items. Before printing or ordering any public awareness or outreach items,a final draft or drawing of the items shall be submitted to the FDOT State Safety Office for review. The Office shall provide written approval for reimbursement if the items are appropriate for purchase under this agreement. Copies and/or images of all public awareness or outreach items purchased with Federal highway safety funds shall be attached to the forms requesting reimbursement for the items. All public awareness and outreach items will serve to educate or inform the public about safety issues, safety practices,or programs available to increase traffic safety.These items can be used in conjunction with a project to enhance awareness of an issue, brand a campaign, or provide a reminder message for the intended recipient after an activity is completed. When public awareness or outreach items are included in a subgrant activities,a plan outlining the purpose of the items is required to be included in the written request for approval. The plan should include the following: (1) Activity (2) Item description (3) Quantity (4) Cost (5) Target audience (6) Explanation of how the activity will help meet the objective of the project (7) Description of how the results of the activity will be used and reported All public awareness or outreach items reimbursed with subgrant funds shall contain a traffic safety message. Most public awareness or outreach documents, printed on paper and used to educate or inform the public about traffic safety issues, safety practices, or programs available to increase traffic safety are allowable. Examples include activity books, brochures, posters, flyers, envelope stuffers, etc. Public awareness or outreach items must have a traffic safety purpose before the Item is tagged, messaged, or branded in order to be allowable. Examples include tire gauges, traffic rescue tools, vehicle first aid kits, reflective safety items,etc. Where feasible, either the Florida Department of Transportation logo or the words "Funding provided by the Florida Department of Transportation, or Funded by FDOT." shall appear on or in all items. The name of the subrecipient or implementing agency and its logo can appear on any of the public awareness and outreach items. The names of individuals connected with the subrecipient shall not appear on any printed materials,outreach Items,and advertisements paid for with Federal highway safety funds. Outreach Items cannot be freely distributed to the public without any action on a subrecipient's part. Persons receiving outreach items should interact with the subrecipient in some manner related to the goal of the project to receive them, such as attend a presentation,sign a pledge sheet,fill out a survey form,answer a traffic safety question, etc.The results of the interactive activity must be reported in the quarterly progress report. 31. Term of Agreement. Each subgrant shall begin on the date the last party signs the agreement and shall end on September 30,following, unless otherwise stipulated by the FDOT State Safety Office on the first page of the respective agreement. In the event this subgrant is for services in excess of$25,000.00 and a term for a period of more than 1 year, the provisions of Section 339.135(6)(a), F.S., are hereby incorporated: `The Department,during any fiscal year, shall not expend money, Incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that such funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for In succeeding fiscal years;and this I � 18 500-Q66-Q1 SAFETY 0815 paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000.00 and which have a term for a period of more than 1 year." 32. Clean Air Act and Federal Water Pollution Control Act. For subgrant awards in excess.of $100,000 the subrecipient and its implementing agency agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), herein incorporated by reference. The subrecipient shall include this provision in all subcontract awards in excess of$100,000. 33. Personnel Hired Under Agreement. The head of any implementing agency receiving first year funding for a new position(s) through a subgrant shall provide written notification within 30 days of the agreement being awarded to the FDOT State Safety Office that a new position(s) has been created in the agency as a result of the subgrant being awarded. Positions created with subgrant funding shall continue to be funded by the subrecipient after federal funding ends in order to be eligible for future subgrant funding. Any and all employees of the subreciplent or Implementing agency whose positions are funded, in whole or in part through a subgrant,shall be the employee of the subrecipient or Implementing agency only, and any and all claims that may arise from said employment relationship shall be the sole obligation and responsibility of the subrecipient or its implementing agency. Personnel funded under the subgrant shall not hold the position of Project Director. The FDOT State Safety Office must pre-approve the advertisement, hire/replacement, and salary for any full time subgrant funded positions(excluding law enforcement positions). The FDOT State Safety Office reserves the right to require activity reports to demonstrate that personnel hired under the agreement or equipment purchased with subgrant funds meet the requirements as specified by the subgrant. 34. Repossession of Equipment. Ownership of all equipment purchased with Federal highway safety funds rests with the subrecipient and its Implementing agency;however,the USDOT maintains an interest in the equipment and title vests in the subreciplent subject to several conditions and obligations under 2 CFR Section 200.313.The subrecipient must use the equipment for the authorized purposes of the project, whether or not the project continues to be supported by the Federal award, unless the FDOT State Safety Office, on behalf of USDOT, provides written authorization for another use of the equipment that is permissible under 2 CFR Section 200.313. Any equipment purchased with Federal highway safety funds that is not being used by the subrecipient or its implementing agency for the purposes described In the project or in accordance with other authorized uses under 2 CFR Section 200.313, Is subject to repossession by the FDOT State Safety Office,on behalf of the USDOT. Items that are repossessed shall be disbursed to agencies that agree to use the equipment for the activity described in this project or for other uses authorized by USDOT. 35. Replacement or Repair of Equipment. The subrecipient and its implementing agency are responsible, at their own cost, for replacing or repairing any equipment purchased with Federal highway safety funds that is damaged, stolen, or lost, or that wears out as a result of misuse. The FDOT State Safety Offices retains the right to replace or repair any equipment for statewide programs based on exceptional individual circumstances. 36. Ineligibility for Future Funding. The subrecipient and its implementing agency agree that the Department shall find the subrecipient or Its Implementing agency ineligible for future funding for any of the following reasons: (a) Failure to provide the required audits, (b) Failure to continue funding positions created with highway safety funds after the Federal funding cycle ends, (c) Failure to provide required quarterly and final reports in the required time frame, (d) Failure to perform work described in Part Ii of the subgrant agreement, (e) Providing fraudulent quarterly reports or reimbursement requests, (f) Misuse of equipment purchased with Federal highway safety funds. 37. Safety Belt Policy. Each subrecipient and implementing agency shall have a written safety belt policy, which is enforced for all employees. A copy of the policy shall be submitted with the subgrant. 19 600-08&01 SAFETY 08116 38. Occupant Protection. All law enforcement agencies receiving subgrant funds shall have a standard operating procedure regarding enforcement of safety belt and child safety seat violations. A copy of the procedure shall be attached to the subgrant. 39. Certification for Equipment Costing More than $1,000 per item. The head of any implementing agency purchasing equipment costing more than $1,000 per item shall send a letter to the FDOT State Safety Office upon award of the subgrant certifying that none of the Items being purchased with federal highway safety funds is replacing previously purchased equipment that is damaged, stolen, lost, or that wears out as a result of misuse, whether the equipment was purchased with federal,state,or local funds. 40. Vehicles. Any agency receiving subgrant funds to purchase a vehicle (excluding law enforcement vehicles) shall maintain a travel log that contains the beginning and ending mileage, location, and purpose of travel. All agencies must report any vehicle use (excluding law enforcement vehicles) and maintenance at least quarterly using the Safety Grant Vehicle Use Form (FDOT Form No. 500-065-21) and the Safety Grant Equipment Maintenance Form (FDOT Form No. 500-065-22). Vehicles purchased with federal highway safety funds shall be used for program use only and in accordance with Chapter 60B-1.004 Florida Statutes. Subrecipients who are responsible for the operation and use vehicles for official state business are allowed to permit persons other than state officials or employees to travel in the vehicle provided these persons are conducting official state business or only on special occasions if the purpose of the travel can be more usefully served by including such persons and no additional expense is involved. It is permissible to transport persons other than state officials and employees during disasters and emergency situations where the state must protect life and property: Providing assistance to motorists whose vehicles are disabled may be considered as an emergency when there is a need to protect life and property. Any vehicles used for personal reasons or not being used by the subrecipient or its implementing agency for the purposes described in the subgrant shall be subject to repossession by the FDOT State Safety Office. 41. Child Safety Seats. Any implementing agency that receives funds to purchase child safety seats must have at least one staff member who is a current Certified Child Passenger Safety Technician. Failure to comply with this provision shall result in the termination of this agreement. 42. Buy America Act. The subrecl lent and its implementing agency agree to comply and require consultants and uy P contractors to comply with all applicable standards, orders, and regulations issued pursuant to the Buy America Act(23 U.S.C.313 et seq)herein incorporated by reference. The subrecipient shall include the following Buy America provisions in all subcontract awards: The Buy America Act prohibits the use of Federal highway safety grant funds to purchase any manufactured product whose unit purchase price is$5,000 or more, Including a motor vehicle, that is not produced in the United States. NI-TSA may waive those requirements if(1)their application would be inconsistent with the public Interest;(2)such materials and products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) the Inclusion of domestic material will increase the cost of the overall project contract by more than 25 percent. Each manufactured end product must comply with the provisions of the Buy America Act. Additionally,any manufactured add-on to an end product is, itself,an end product that must comply with the Act. To be reimbursed with Federal highway safety grant funds for a purchase, a State must comply with the requirements of the Buy America Act. Non-compliance will result In denial of reimbursement 20 600.086-01 SAFETY 43. E-Verify. Subrecipients: (a) shall utilize the U.S.Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract; and (b) shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 44. Program Income. Program income means gross Income earned by subrecipient that is directly generated by a supported activity or earned as a result of the subgrant award during the subgrant period of performance. Program income must be deducted from total allowable costs to determine the net allowable costs.Program income must be used for current costs and any remaining program income must be offset against the final claim. Program income that the subrecipient did not anticipate at the time of the subgrant award must be used to reduce the Federal award and subrecipient contributions rather than to increase the funds committed to the project. 45. indirect Costs. If a subrecipient has a federally negotiated indirect cost rate, it may be applied to the subgrant. If a subreciplent does not have a federally negotiated indirect cost rate,a rate up to the de minimis indirect cost rate of 10%of modified total direct costs may be applied. A subrecipient may opt to request a lower or no indirect costs rate, even If It has a federally negotiated indirect cost rate. The State Safety Office will not coerce or negotiate with a subreciplent to reduce its indirect costs rate for this subbrant, per federal regulation. Subgrants with indirect costs will be awarded based on cost benefit and available funding. 46. Impaired Driving Enforcement, Training and Reporting. Any law enforcement officer who takes enforcement action and receives compensation under an Impaired driving subgrant must have successfully completed at least one of the following: 1. NHTSA 24 hour Standardized Field Sobriety Tests (SFST) course within the last five years or an 8 hour SFST refresher course if the 24 hour SFST course was completed more than five years ago 2. Advanced Roadside Impaired Driving Enforcement(ARIDE)course within the last five years 3. Be an active certified Drug Recognition Expert(ORE) 4. Be an active certified DUI Instructor The State Safety Office reserves the right to request a copy of any subgrant funded checkpoint After Action Report. All law enforcement agencies that receive Impaired driving subgra n t funding should report artici Pa tion In the Florida Law Enforcement DUI Challenge to the agencies regional Law Enforcement Liaison and participate in all NHTSA impaired driving moblizations for the following holidays and events: New Year's Day, NFL Super Bowl, St. Patrick's Day, Cinco de Mayo, Independence Day, Labor Day, and Halloween. All law enforcement agencies shall conduct High Visibility Enforcement of impaired drivers while conducting enforcement under the subgrant. High Visibility Enforcement is: Intense: Enforcement activities are over and above what normally takes place. Frequent: Enforcement occurs often enough to create general deterrence. Visible: A majority of the public sees or hears about the enforcement. Strategic: Enforcement targets high-risk locations during high-risk times. A strong emphasis of enforcement operations shall be during the hours of 6:00pm to 6:00am. Agencies should ensure that enforcement saturation/wolfpack/roving patrols are conducted in periods of no fewer than 3 consecutive hours. Use of subgrant funding will not be utilyzed or reimbursed for continuing priorly initiated investigations, court or Administrative Hearings,and enforcement from aircraft. 21 500.06E-01 SAFETY 09115 • 47.Special Conditions. 22 500.06601 SAFETY 09/15 Part VI: Federal Financial Assistance (Single Audit Act) Federal resources awarded pursuant to this subqrant are as follows: CFDA No.and Title: C 20.600-State and Comm unity Highway Traffic Safety Program(NHTSA402 Funds) 20.694-National Highway Traffic SafetyMministration DiscretionarySafety Grants(NHTSA403 Funds) 20.616-National PrioritySafety Program(NHTSA405 Funds) "Federal Funds $ 'off COD.CO Awarded: Awarding Agency: Florida Department of Transportation Indirect Cost Rate: JA '"Award Is for R&D: No 'The federal award amount may change with supplemental agreements `*Research and Development as defined at§200.87,2 CFR Part 200 Federal resources awarded pursuant to this subqrant are sublect to the following audit requirements: (a) 2 CFR Part 200 -- Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards www.ecfr.gov (b) OMB Circular A-133,Audits of States, Local Governments and Non-Profit Organizations www.whitehouse.gov/omb/circulars Federal resources awarded pursuant to this subgrant may also be subject to the following: (a) OMB Circular A-87, Cost Principles for State, Local and Indian Tribal Governments www.whitehouse..gov/omb/circulars (b) OMB Circular A-102, Grants and Cooperative Agreements with State and Local Governments www.whitehouse.gov/omb/circulars (c) Federal Funding Accountability and Transparency Act(FFATA)Sub-award Reporting System(FSRS) www.fsrs.gov 23 500-08501 SAFETY 09/16 Project Title: Miami Beach Police Department Overtime DUI Enforcement Program Project Number M5HVE-16-06-14 FDOT Contract Number. Gc/ 7 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. APPROVED AS TO SUBRECIPIENT FORM&LANGUAGE gc FOR EXECIJTI®N The City 'I: Miami Beach 4, 10-- i t Subrec p nt Agency Name (For FDOT Use Only) Ct�Attorney Dom STATE OF FLORIDA By: DEPARTMENT OF TRANSPORTATION •ignatu,e o Authorized Representative Name: M Jimmy L.Morales By: Authorized Representative's Name Printed Authorized FDOT State Safety ce Representative Title: City Manager Authorized Representative's Title Printed Date: 42 /f /S Dat Si red Date: 1 c I ICI's- Date Signed Reviewed for the Florida Department of Transportation: - IMPLEMENTING ENC ;i By: At 1&14 By: i►, oriz u., • FDOT Attorney Sign, re of implementing Agency Administrator �� = Name: Chief Daniel J. Oates Date: • I ` Agency Administrator's Name Printed Date Signed Title: Chief of Police Agency Administrator's Title Printed Date: 1 2 Dar Signed NOTE: These signatures are the only recognized authorized representatives for this agreement, unless delegation is granted in writing. Ir 24