Florida Department of Transportation Funds Approval To:Shana.Morris@dot.state.fl.us
• FLORIDA DEPARTMENT OF TRANSPORTATION
FUNDS APPROVAL
G1621
2/25/2019
CONTRACT INFORMATION
Contract n G1621
Contract.lype GD-GRANT DISBURSEMENT(GRANT)
Method of Procurement: ter'G-GOVERMENTAL AGENCY(287.057,F.S.)
Vendor Name: CITY OF MIAMI BEACH
Vendor ID F596000372005
Beginning Date of This Agreement: n' 02/22/2019
Ending Date of This Agreement 09/30/2019
Contract TotallBudgetaryCeiling - ct=$40,000.00
Description:, M5HVE-19-06-17,Miami Beach PD,Impaired Driving Initiative
FUNDS APPROVAL INFORMATION
FUNDS APPROVED/REVIEWED FOR ROBIN M.NAITOVE,CPA,COMPTROLLER ON 2/25/2019
Action Original
Reviewed or Approved:. ^"APPROVED
Organization Code :°55671000961
Expansion Option: .- A6
Object Code:fr 780000
Amount $40,000.00
Financial.Project: 19030218402
Work Activity,{FCT) 174
CFDA: x 20.616
Fiscal Year -; 2019
Budget Entity: - 55150200
CategorylCategory Year_* 088796/19
Amendment ID: : : 0001
Sequence - 00
User Assigned iD-
Erc:Line(6s)/Status ;`' 0001/04
Total Amount: $40,000.00
Pagel of 1
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION(FDOT) 500-065-01
SUBGRANT FOR HIGHWAY TRAFFIC SAFETY FUNDS SAFETY
9/18
For FDOT Use Only FDOT Contract Number: G1621
Project Number: M5HVE-19-06-17
Federal Funds Awarded: $40,000.00 . FDOT DUNS Number: 80-939-7102
Subgrant Award (Start) Date: 04/®813 DI 9 Subgrant End Date: 9/30/2019
Amendment Number and Dates:
Part I: GENERAL ADMINISTRATIVE INFORMATION (See Instructions)
1. Project Title: Miami Beach Police Department Impaired Driving Initiative
2. Federal Total
Funding: $40,000.00 Match: $0 Cost: $40,000.00.
3. Subrecipient Agency: 4. Implementing Agency:
Name: City of Miami Beach Name: Miami Beach Police Department
Address Line 1: 1700 Covention Center Drive Address Line 1: 1100 Washington Ave
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):59-6000372
6. DUNS Number:020546289
7. Chief Financial Officer: 8. Project Director:
Name: John Woodruff Name: Judy Hoanshelt
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-
Telephone No: (305) 673 - 7466 ext. Telephone No: (305) 673 -. 7000 ext. 6183
E-Mail Address: johnwoodruff@miamibeachfl.gov E-Mail Address: judyhoanshelt@miamibeachfl.gov
9. Financial Reimbursement Contact: 10. Project Activity Contact:
Name: Mauvett Rattigan .. Name: Cecile Houry
Title: Police Department Budget Analyst Title: Police Department Grant Manager
Telephone Number: . (305) 673 - 7000.ext. 5837 Telephone Number: • (305) 673 - 7925 ext.
E-Mail Address: MauvettRattigan@miamibeachfl.gov E-Mail Address: cecilehoury@miamibeachfl.gov
11. Payment Remittance Address:
Name: Finance Department
Address Line 1: 1700 Convention Center Drive
Address Line 2:
City; Miami Beach
State: FL
Zip: 33139
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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
STATEMENT OF THE PROBLEM
Impaired driving is a serious problem in Florida, specifically in Miami Beach.The 2016 Florida Strategic Highway Safety
Plan (SHSP)emphasizes impaired driving, or driving under the influence(DUI), as a"Continuing Priority"with ongoing
high-visibility enforcement campaigns to reduce impaired driving as the primary action.According to the Florida
Department of Transportation's(FDOT) FY2020 Highway Safety Matrix—Ranking of Cities (Group 1-Population of 75,000
and above-32 Cities), Miami Beach ranks 27th out of the 32 cities in impaired driving-related crashes.
Although Miami Beach ranks 27th of 32 in impaired driver related crashes, Miami Beach has the smallest land mass out of
all Group 1 cites on the matrix by a significant margin. Miami Beach is only 7.0 square miles of land, while 23 of the 32
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. On any given weekend, hundreds of thousands of people travel to
Miami Beach, many of whom drive to the City from other cities within the South Florida region. Miami Beach is also the
host city of several large events that are produced yearly, such as 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,Winter Music Conference, and White Party Week, as well as numerous
holiday weekends(July 4, Labor Day, etc.). These events attract both Miami Beach residents and visitors alike,with a
significant portion of the visitors being Miami-Dade County and Broward County_residents who drive in to andout of the
City on the same day. Miami Beach is unique because of its small size, ability to host dozens of special events, and travel
destination for millions of non-residents each year.
The City of Miami Beach is home to approximately 90,000-residents, as reflected by its Group 1 inclusion.The 90,000-
resident number is deceiving, however. Miami Beach experiences a population influx on weekends, swelling the number
of people in Miami Beach to upwards of 200,000. The population increase is even more drastic during special event
weekends, when there are often 350,000 to 500,000 people in the City.
•
While progress has been made with regard to impaired driver related crashes,the issue has not been solved. The factors
previously described create an atmosphere ripe for tragedy.The Miami Beach Police Department(MBPD)is doing
everything it can to combat this public safety epidemic, but the resources to truly put a dent into the issue are limited.
Miami Beach Police Officers are tasked with providing service to all the residents and visitors to visit our city. MBPD is
currently short approximately 20 sworn officers, and while the agency is attempting to hire staff to fill the vacancies, it is
difficult to keep up with attrition.The Miami Beach Police Department has assigned 2 midnight shift officers as dedicated
traffic units with an emphasis on impaired driver enforcement. Simply put, the city is doing what it can to combat the DUI
epidemic. Despite these challenges, the Miami Beach Police Department has undertaken the arduous task of retraining all
the officers hired after 2009 in the Standardized Field Sobriety Tests.With the goal being to increase the number of Drug
Recognition Experts(DRE)within our department. MBPD has shown and plans to continue to show a genuine dedication
to DUI enforcement.
Impaired Driving is a problem throughout not just Miami Beach, but also in greater Miami-Dade and Broward County
areas.According to the FDOT FY2020 Highway Safety Matrix—Ranking of Florida Counties (Group 1-Population of
200,001 and above-25 Counties), Miami-Dade is ranked#7 of 25 and Broward is#9 of 25. Many of the drivers eventually
pulled over in our neighboring municipalities and counties decided to get behind the wheel after drinking in Miami Beach.
This makes the work of MBPD in addressing impaired driving in our city not just important to us, but vital to the efforts
countywide. Considering the dynamics and profile of our community, our city and county ranking on the Highway Safety
Matrix, and the"Continuing Priority"status in the SHSP, the FDOT funding for Miami Beach Police Department can
increase enforcement operations and will greatly assist our agency in catching impaired drivers earlier in their commute,
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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
reducing risk of traffic related fatalities and injuries across multiple jurisdictions.
It is important to note that just three years ago, Miami Beach was ranked#6 of 31 cities in Group 1 in Impaired Driving
crashes.With our reduced funding and ability to conduct enforcement operations, Miami Beach could find itself back at
the top of the rankings. It is imperative that we continue our commitment to reducing Impaired Driving to prevent this from
occurring.
SUPPORTING DATA
As previously noted, Miami Beach ranked#25 out of 32 cities, according to the Highway Safety Matrix(2018)in Group 1
(populations above 75,000). In 2016, Miami Beach was ranked#6 out of 31 cities in Group 1.
In the preceding three years, Miami Beach has seen a slight decrease in the number of impaired driver related crashes.
However, the decrease corresponds to a drop in total crashes;thus, impaired driver related crashes are expected to
decrease as well. The following are the statistics for impaired driver related crashes and hit and run crashes for 2015,
2016, 2017, and 2018 in the City of Miami Beach taken from the FY2016, 2017, 2018, and 2019 Highway Safety Matrix-
Ranking of Florida Counties.
City of Miami Beach
Year Total Crashes Impaired Driver related crashes Hit and Runs
2015 5,529 72 1,173
2016 6,163 63 1,175
2017 5,209 62 1,028
2018 5,383 57 1,057
The number of injuries sustained in impaired driver crashes declined in 2016, maintained during 2017, and increased in
2018, even though the number of crashes slightly decreased.
Year DUI Crashes Injuries Fatalities
2015 72 29 0
2016 63 21 0
2017 62 21 0
2018 57 26 0
Countywide, Miami-Dade has also seen a reduction in the number of alcohol-confirmed crashes,fatalities and injuries, but
is still ranked#7 of the 25 FDOT Highway Safety Matrix Group I Counties.
Florida Department of Highway Safety and Motor Vehicles Traffic Crash Facts 2016 and 2017 Annual Reports
Miami-Dade County Alcohol-Confirmed Traffic Incidents by Year
Year Crashes Fatalities Injuries
2014 491 36 285
2015 391 27 198
2016 347 16 163
2017 343 11 178
Total Average 393 22.5 206
Impaired driving trends can be unpredictable and can reverse at any moment. Intervention efforts demand constant
attention and enforcement to prevent drastic reversals in prevalence.
In an effort to address impaired driving-related crashes,fatalities, and injuries, MBPD continues to focus attention on
increasing the number of DUI contacts. DUI arrests have seen a steady increase over the past three years.This can be
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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
attributed to more MBPD resources being allocated to enforcement operation efforts. However, MBPD will be confronted
with a budget reduction in FY2018-2019 and is already operating with limited resources due to the impact of Hurricane
Irma in late 2017.
Unfortunately, some impaired drivers leave the City of Miami Beach undetected, mostly due to congestion and the inability
to establish a driving pattern or any other clues officers could use to conduct traffic stops. Case in point, on May 19, 2018,
an impaired driver of an SUV killed a 17-year-old high school student and seriously injured a City of Miami firefighter.The
crash happened on 1-95, outside the city limits of Miami Beach. Investigation revealed that the driver was coming from the
Alexander Hotel, a luxury hotel in Miami Beach, where they had consumed an impairing amount of alcohol and marijuana.
For FY 2015-2016, MBPD was awarded funding in the amount of$100,000 to address the DUI enforcement decline.The
project was a rousing success, as we increased the amount of DUI-related contacts and arrests and reduced the amount
of DUI-related crashes and DUI-related crashes with injuries. MBPD has not been awarded FDOT Highway Safety
funding since FY 2015-2016.With the return of subgrant funding, MBDP will address the concerning 2017 and 2018 data
trends.
The final statistics for DUI/DRE ARRESTS are as follows:
Year DUI Arrests(Alcohol) DRE Arrests(Drugs) Total
2015 111 6 117
2016 137 12 149
2017 163 10 173
2018 149 6 155
The City of Miami Beach has a vested interest in reducing impaired driver crashes and has shown a commitment to do
just that.With assistance from FDOT through subgrant funding, MBPD hopes to continue the downward trend of DUI-
related crashes in Miami Beach and while increasing the number of DUI-related arrests.Through subgrant funded DUI
Saturation Patrols and Checkpoints, MBPD will be able to put more skilled DUI enforcement officers and DREs on the
road to detect and arrest DUI offenders.
PROPOSED SOLUTION
The Miami Beach Police Department Impaired Driving Initiative will be implemented using countermeasures detailed in
the National Highway Traffic Safety Administration's "Countermeasures that Work:A Highway Safety Countermeasure
Guide for State Highway Safety Offices."These will include countermeasures found in chapter 1 Alcohol-and Drug-
Impaired Driving. Specifically, section 2. Deterrence: Enforcement(2.1 publicized sobriety Checkpoint programs and 22
publicized Saturation Patrol programs)and section 5. Prevention, Intervention, Communications and Outreach (5.2 Mass
Media Campaigns).
With the proposed funding, MBPD will conduct at least 5 Saturation Patrols and 1 Checkpoint, in addition to the 5
Saturation Patrols that the City budgeted for FY 2018-2019. This bolstered effort will allow us to have an even greater
effect on the issue of impaired driving in Miami Beach.
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), 2 Sergeants, 15 Police Officers, 1 Detention Officer, and 2 Public Safety Specialists.
MBPD will use the FDOT subgrant funding for the payment of Overtime salary and benefits for essential personnel
working DUI Checkpoints and Saturation Patrols, as well as those directly involved with the clerical functions. This funding
will be spread over the length of the subgrant period for sworn and non-sworn law enforcement personnel with the ranks
of Public Safety Specialist, Police Officer, Detention Officer, Sergeant and Lieutenant.
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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
MBPD will show zero tolerance for motorists who are impaired, and will utilize officers trained 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 Experts (DRE)officers whenever possible for our operations. Each
checkpoint will provide a high visibility police presence in an effort to reduce DUI-related 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 our various social media outlets to publicize enforcement operations and to help spread the message
of the"Drive Sober or Get Pulled Over"enforcement campaign.
PROJECT OBJECTIVES
By the end of the subgrant period (September 30, 2019)this project will:
1)Strive to decrease impaired driving crashes and fatalities citywide by 3%when compared to the previous three-year
average.
2)Conduct at least 5 impaired driving high visibility overtime enforcement operations during the project period.
3) Participate in the national Drive Sober or Get Pulled Over campaign through impaired driving overtime enforcement
operations and educational/community activities.
4)Conduct and/or participate in 2 educational/community outreach events to increase impaired driving awareness during
the project period.
5) Provide impaired driving information and education to the public through the use of social media at least 1 per month
during the project period.
EVALUATIONS
The project will be evaluated by:
1) Impaired driving crashes and fatalities are reduced by 3%citywide, compared to the previous three-year average.
2)The number of impaired driving high visibility overtime enforcement operations conducted during the project period.
3)The number of impaired driving overtime enforcement operations conducted and education/community activities
conducted/participated in during the Drive Sober or Get Pulled Over campaign.
4)The number of educational/community outreach events conducted or participated in to increase impaired driving
awareness during the project period.
5)The number of instances that impaired driving information and education is provided to the public through the use of
social media per month during the project period.
Amendment Number: (FDOT Only)
Effective Date: (FDOT Only)
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Part III: PROJECT DETAIL BUDGET
Project Title: Miami Beach Police Department Impaired Driving Initiative
Project Number: M5HVE-19-06-17
FDOT Contract Number: G1621
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
A. Personnel Services
Overtime Salary and Overtime salary and benefits to $40,000 $40,000 $0
Benefits include: FICA& Retirement $ 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 $40,000 $40,000 $ 0
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: (FDOT Only)
Effective Date: (FDOT Only)
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Part III: PROJECT DETAIL BUDGET
Project Title: Miami Beach Police Department Impaired Driving Initiative
Project Number: M5HVE-19-06-17
FDOT Contract Number: G1621
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. Equipment Costing over
$5,000
$ 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
E. Indirect Cost
$ 0 $0 $0
Subtotal $ 0 $ 0 $ 0
Total Cost of Project $40,000 $40,000 $ 0
Amendment Number: (FDOT Only)
Effective Date: (FDOT Only)
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PART IV: PERFORMANCE REPORT
Project Title: Miami Beach Police Department Impaired Driving Initiative
Project Number: M5HVE-19-06-17
FDOT Contract Number: G1621
Minimum Performance Standards
The following are the minimum performance standards required in this subgrant agreement.The status of these standards will be reported using FDOT
form number 500-065-19 Performance Report and shall be included with each request for reimbursement.
1.Collect and analyze crash data to determine focus areas for targeted impaired driving enforcement.
2.Conduct impaired driving high visibility enforcement operations.
3.Conduct outreach/educational activities for impaired driving.
4.Provide performance reports.
5.Submit request(s)for financial reimbursement.
6.
7.
8.
9.
National Highway Traffic Safety Administration(NHTSA)Required Activity Reporting
The following statistics are required reporting for any traffic safety enforcement grant.(enforcement grants only)
1.Number of seat belt citations issued during subgrant-funded enforcement activities.
2. Number of impaired driving arrests made during subgrant-funded enforcement activities.
3.Number of speeding citations issued during subgrant-funded enforcement activities. •
Amendment Number: (FDOT Only)
Effective Date: (FDOT Only)
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Part V: Acceptance and Agreement
Conditions of Subgrant Agreement. Upon approval of this subgrant agreement for highway safety funds, the following
terms and conditions shall become binding. The term "Subrecipient"referred to herein, will reference both the
Subrecipient and it's Implementing Agency.
FEDERAL REGULATIONS
1. 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 to relevant books and records of the Subrecipient which
are not protected from disclosure by State or Federal law, and its consultants and contractors under this subgrant
agreement, as provided under applicable State or 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 Subrecipients. By entering into this
subgrant agreement, Subrecipients agree to comply and cooperate with monitoring procedures. In the event that a limited
scope audit of the Subrecipient is performed, the Subrecipient agrees to bring the project into compliance with this
subgrant agreement.The Subrecipient further agrees to comply and cooperate with any inspections, reviews,
investigations, or audits deemed necessary by the CFO or AG to the extent allowed by State or Federal law.
2. Audit. The administration of resources awarded through the Department to the Subrecipient by this subgrant
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.
With the exception of documents protected by State law, 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 2 CFR Part 200, Subpart F—Audit Requirements,
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 subgrant agreement. By entering into this subgrant 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 2 CFR Part 200, Subpart F—Audit Requirements, as a
subrecipient of a Federal award awarded by the Department through this subgrant agreement is subject to the
following requirements:
i. In the event the Subrecipient expends a total amount of Federal awards equal to or in excess of the
threshold established by 2 CFR Part 200, Subpart F—Audit Requirements, the Subrecipient must have a
Federal single or program-specific audit for such fiscal year conducted in accordance with the provisions
of 2 CFR Part 200, Subpart F—Audit Requirements. Part VI to this subgrant agreement provides the
required Federal award identification information needed by the Subrecipient to further comply with the
requirements of 2 CFR Part 200, Subpart F—Audit Requirements. In determining Federal awards
expended in a fiscal year, the Subrecipient 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 subgrant agreement.The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by 2 CFR Part 200, Subpart F—Audit
Requirements. An audit conducted by the State of Florida Auditor General in accordance with the
provisions of 2 CFR Part 200, Subpart F—Audit Requirements,will meet the requirements of this part.
ii. In connection with the audit requirements, the Subrecipient shall fulfill the requirements relative to the
auditee responsibilities as provided in 2 CFR Part 200, Subpart F—Audit Requirements.
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iii. In the event the Subrecipient expends less than the threshold established by 2 CFR Part 200, Subpart F
—Audit Requirements, 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 FDOTSingleAudit@dot.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 2 CFR Part 200, Subpart F—Audit Requirements, in Federal awards in a
fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200,
Subpart F—Audit Requirements, the cost of the audit must be paid from non-Federal resources (i.e., the
cost of such an audit must be paid from the Subrecipient's resources obtained from other than Federal
entities).
iv. The Subrecipient must electronically submit to the Federal Audit Clearinghouse(FAC)at
https://harvester.census.gov/facweb/the audit reporting package as required by 2 CFR Part 200,
Subpart F—Audit Requirements, 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 2 CFR Part 200, Subpart F—Audit Requirements, and this subgrant agreement. However,
the Department requires a copy of the audit reporting package also be submitted to
FDOTSingleAudit@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 2 CFR Part 200, Subpart F—
Audit Requirements.
v. 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 subgrant agreement. If the
Subrecipient fails to have an audit conducted in accordance with 2 CFR Part 200, Subpart F—Audit
Requirements, 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. Wholly or partly suspend or terminate the Federal award;
4. Initiate suspension or debarment proceedings as authorized under 2 CFR 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.
vi. 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.
vii. 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
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FDOTSingleAudit@dot.state.fl.us
(c) The Subrecipient shall retain sufficient records demonstrating its compliance with the terms of this subgrant
agreement for a period of five years from the date the audit report is issued and shall allow the Department, or its
designee, 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.
3. Buy America Act. The Subrecipient agrees to comply and require consultants and contractors to comply with all
applicable standards, orders, and regulations issued pursuant to the Buy America Act, Buy America Act Waiver(Docket
No. NHTSA-2015-0065) and NHTSA Guidance Buy American Act Procedure for Highway Safety Grant Programs (revised
11-20-2015) 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 or
software/information technology systems whose unit purchase price is $5,000 or more, including motor vehicles, that is
not produced in the United States. NHTSA 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.
4. Clean Air Act and Federal Water Pollution Control Act. Subgrant agreements for amounts in excess of$150,000
must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-
7671q)and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to
the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA).The Subrecipient
shall include this provision in all subcontract awards in excess of$150,000.
5. Conferences and Inspection of Work. Conferences may be held at the request of any party to this subgrant
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.
6. Contract Work Hours and Safety Standards Act. Where applicable, all subcontracts under this subgrant
agreement in excess of$100,000 that involve the employment of mechanics or laborers must include a provision for
compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29.CFR Part 5). Under
40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the
basis of a standard work week of 40 hours.Work in excess of the standard work week is permissible provided that the
worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess
of 40 hours in the work week.The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no
laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary,
hazardous or dangerous.These requirements do not apply to the purchases of supplies or materials or articles ordinarily
available on the open market, or contracts for transportation or transmission of intelligence.
•
7. Debarment and Suspension. No subcontract issued under this subgrant agreement, will be made to parties listed
on the governmentwide Excluded Parties List System in the System for Award Management(SAM), in accordance with
the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189)and 12689 (3
CFR Part 1989 Comp., p. 235), "Debarment and Suspension."The Excluded Parties List System in SAM contains the
names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under
statutory or regulatory authority other than Executive Order 12549.
8. Disadvantaged Business Enterprises (DBE).
(a) The Subrecipient agrees to the following assurance:
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The Subrecipient 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 subgrant 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 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 agrees 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 or the Department deems appropriate.
9. 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 agreement, or any project, program, or activity that receives or benefits from this subgrant award. The
Subrecipient agrees to comply with Executive Order(E.0.) 11246, as amended by E.O. 11375, and as supplemented by
41 CFR, Part 60, herein incorporated by reference.
10. Nondiscrimination. Subrecipients will comply with all Federal statutes and implementing regulations relating to
nondiscrimination ("Federal Nondiscrimination Authorities").These include but are not limited to:
(a) Title VI of the Civil Rights Act of 1964(42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the
basis of race, color, national origin)and 49 CFR part 21
(b) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601),
(prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or
Federal-aid programs and projects)
(c) Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as
amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex)
(d) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on
the basis of disability)and 49 CFR part 27
(e) The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis
of age)
(f) The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage and applicability of Title
VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of
1973, by expanding the definition of the terms "programs or activities"to include all of the programs or activities
of the Federal aid recipients, Subrecipient's and contractors, whether such programs or activities are Federally-
funded or not)
(g) Titles II and III of the Americans with Disabilities Act(42 U.S.C. 12131-12189) (prohibits discrimination on the
basis of disability in the operation of public entities, public and private transportation systems, places of public
accommodation, and certain testing)and 49 CFR parts 37 and 38
(h) Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-
Income Populations(prevents discrimination against minority populations by discouraging programs, policies, and
activities with disproportionately high and adverse human health or environmental effects on minority and low-
income populations)
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(I) Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency(guards
against Title VI national origin discrimination/discrimination because of limited English proficiency(LEP) by
ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to
programs (70 FR 74087-74100)
(j) Nondiscrimination Clause.
During the performance of this subgrant, the Subrecipient agrees:
(a) To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time
(b) Not to participate directly or indirectly in the discrimination prohibited by any Federal non-discrimination
law or regulation, as set forth in appendix B of 49 CFR part 21 and herein
(c) To permit access to its books, records, accounts, other sources of information, and its facilities as
required by the FDOT State Safety Office, USDOT or NHTSA -
(d) That, in event a Subrecipient fails to comply with any nondiscrimination provisions in this subgrant, the
FDOT State Safety Office will have the right to impose such subgrant sanctions as it or NHTSA determine
are appropriate, including but not limited to withholding payments to the Subrecipient under the
contract/agreement until the Subrecipient complies; and/or cancelling, terminating, or suspending a
contract or funding agreement, in whole or in part.
(e) To insert this clause, including paragraphs (a)through (e), in every subcontract and sub-agreement and
in every solicitation for a subcontract or sub-agreement, which receives Federal funds under this program
11. Ownership of Data and Creative Material. The ownership of material, discoveries, inventions and results
developed, produced, or discovered by this subgrant agreement are governed by the terms of 2 CFR, Section 200.315,
Intangible Property, herein incorporated by reference.
12. Political Activity. The Subrecipient will comply with provisions of the Hatch Act(5 U.S.C. 1501-1508), which limits
the political activities of employees whose principal employment activities are funded in whole or in part with Federal
funds.
13. Property Accountability. The Subrecipient 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 subgrant
agreement in accordance with Federal Property Management Standards as set forth in 49 CFR, Section 18.32, 49 CFR
19, Section 19.34, or 2 CFR, 200.33, herein incorporated by reference. This obligation continues as long as the property
is retained by the Subrecipient notwithstanding the ending of this subgrant agreement.
14. Restrictions on Lobbying. The Subrecipient agrees 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.
(a) Certification Regarding Federal Lobbying. The Subrecipient certifies, to the best of his or her knowledge and
belief, that:
i. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any 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 cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
ii. If any funds other than 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 agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this
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Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
iii. The Subrecipient shall require that the language of this certification be included in the award documents
for all sub-award at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and
cooperative agreements)and that all Subrecipients shall certify and disclose accordingly.
iv. 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.
(b) Restriction on State Lobbying. None of the funds under this program will be used for any activity specifically
designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative
proposal pending before any State or local legislative body. Such activities include both direct and indirect(e.g.,
"grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is
supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in
accordance with customary State practice, even if such communications urge legislative officials to favor or
oppose the adoption of a specific pending legislative proposal.
STATE REGULATIONS
15. Compliance with State Procurement of Personal Property and Services Laws. The Subrecipient agrees to
comply with all applicable provisions of Chapter 287, Florida Statutes(F.S.).The following provisions are stated in this
subgrant agreement pursuant to sections 287.133(2)(a)and 287.134(2)(a), F.S.
(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 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 in excess
of the threshold amount provided in section 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.
16. Compliance with State Public Records Laws. The Subrecipient agrees to comply with all provisions provided in
Chapter 119 F.S. If the Subrecipient receives a public records request concerning its work undertaken pursuant to this
Department subgrant agreement, the Subrecipient must take appropriate action as required by Chapter 119, F.S. 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 agreement if the Subrecipient 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 in conjunction with this subgrant agreement.
17. Cooperation with Inspector General. It is the duty of every Subrecipient to cooperate with the inspector general in
any investigation, audit, inspection, review, or hearing pursuant to this subgrant agreement. Chapter 20.055(5), F.S.The
Subrecipient agrees to comply with Section 20.055(5), F.S., and to incorporate in all subcontracts the obligation to comply
with Section 20.055(5), F.S.
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18. 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.
19. 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.
20. Responsibility for Claims and Liability. Subject to the limitations of Section 768.28, F.S., the Subrecipient 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, and its contractor,
consultant, agents and employees. The Subrecipient 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 failure to exercise such care in regard
to said material as a reasonable careful owner of similar materials would exercise.
The parties executing this subgrant agreement specifically agree that no provision in this subgrant 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 subgrant
agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this subgrant
agreement.
21. Restrictions on Lobbying. No funds subgranted hereunder shall be used for the purpose of lobbying the legislature,
judicial branch, or state agencies, per Section 216.347, F.S.
22. Retention of Records. The Subrecipient shall retain sufficient records demonstrating its compliance with the terms
of this subgrant 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 AG access to such records, which are not protected by State law, 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 AG 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.
23. Tangible Property. Property purchased under this subcontract does not qualify as Tangible Personal Property as
defined by Chapter 273, F.S.
GRANT MANAGEMENT
24. Amendments. The Subrecipient shall obtain prior written approval from the FDOT State Safety Office for changes to
this subgrant agreement.Amendments to this subgrant agreement will be approved if the modification(s)to be made will
achieve or improve upon the outcome of this subgrant agreement's scope of work, or where factors beyond the control of
the Subrecipient require the change. Requested amendments to this subgrant agreement shall be in the form of a written
request signed by the one of the original signatory of this subgrant agreement. Specific delegation(s)for amendments
must be provided in writing from the original signatory of the Subrecipient.
25. Disputes and Appeals. Any dispute, disagreement, or question of fact arising under this subgrant 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. Addresses are:
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
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The Subrecipient shall proceed diligently with the performance of this subgrant agreement and in accordance with
Department's decision(s).
26. Equipment. Any equipment purchased under this subgrant agreement with highway safety funds shall not replace
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.
(a) Use of Equipment. All equipment shall be used for the originally authorized subgrant agreement purpose(s)for
as long as needed for those purposes. In the event the equipment is no longer needed for the originally
authorized subgrant agreement purpose(s)or has reached the end of its useful life, Subrecipients should notify
the FDOT State Safety Office so that the equipment can be transferred to another agency for use or disposed of.
(b) Major Purchases and Dispositions. Equipment with a useful life of more than one year and an acquisition cost
of$5,000 or more per unit shall be subject to the following requirements:
i. Purchases shall receive prior written approval from the FDOT Safety Office.
ii.Dispositions shall receive prior written approval from the FDOT Safety Office. '
(c) Disposition of Equipment Costing Less than $5,000. Equipment that does not meet the unit purchase price
threshold of$5,000 should be disposed of in accordance with the agencies own procurement and disposition
policies. Documentation of this disposition should be noted in the Subrecipient files.
(d) Equipment Replacement or Repair. The Subrecipient is 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 Office retains the right to replace or repair any equipment for statewide
programs based on exceptional individual circumstances.
(e) Equipment Repossession. Ownership of all equipment purchased with Federal highway safety funds rests with
the Subrecipient; however, the USDOT maintains an interest in the equipment and title vests in the Subrecipient
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 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.
27. Excusable Delays. Except with respect to the defaults of Subrecipient's consultants and contractors which shall be
attributed to the Subrecipient, the Subrecipient shall not be in default by reason of any failure in performance of this
subgrant 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. 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 Subrecipient's consultant or
contractor to perform or make progress, and if such failure arises out of causes beyond the control of the Subrecipient and
its consultant or contractor, and without the faultor 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 Subrecipient in writing to procure such supplies or
services from other sources, and (3) the Subrecipient shall have failed to comply reasonably with such order.
Upon request of the Subrecipient, 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.
28. How this Subgrant Agreement is Affected by Provisions Being Held Invalid. If any provision of this subgrant
agreement is held invalid, the remainder of this subgrant agreement shall not be affected. In such an instance, the
remainder would then continue to conform to the terms and requirements of applicable law.
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29. Ineligibility for Future Funding. The Subrecipient agrees that the Department shall find the Subrecipient 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 performance and final narrative reports in the required time frame,
(d) Failure to perform work described in Part II of this subgrant agreement,
(e) Failure to provide reimbursement requests and performance reports in a timely manner,
(f) Providing fraudulent performance reports or reimbursement requests,
(g) Misuse of equipment purchased with Federal highway safety funds.
30. Performance. In the event of default, noncompliance, or violation of any provision of this subgrant agreement by the
Subrecipient, 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 this subgrant agreement in whole or in part. In such an event, the Department shall notify
the Subrecipient 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.
31. Personnel Hired or Paid Under this Subgrant Agreement.
(a) Project Director. Persons holding the position of Project Director for this subgrant agreement shall not receive
reimbursement for personnel hours nor receive any other benefit under this subgrant agreement.
(b) Subgrant Funded Positions. Any agency receiving subgrant funds for the reimbursement of positions
(excluding law enforcement agency positions), in whole or in part through this subgrant agreement, shall report
and get approval in writing of any staffing using the Safety Grant Personnel Form (FDOT Form No. 500-065-24).
(c) Employer Responsibility. Any and all employees of the Subrecipient whose positions are funded, in whole or in
part through this subgrant agreement, shall be the employee of the Subrecipient only, and any and all claims that
may arise from said employment relationship shall be the sole obligation and responsibility of the Subrecipient.
Personnel hours will only be reimbursed based on actual hours worked on this subgrant agreement. No other
allocation method is allowable for reimbursement.
(d) Overtime.
i. Overtime Hours. Subgrant funds cannot be used to supplant standard activity hours;therefore, only
hours qualifying as"overtime", per the Subrecipient policies will be eligible for reimbursement by this
subgrant agreement. In the event a Subrecipient is awarded more than one subgrant agreement within a
federal fiscal year, overtime hours for each traffic safety effort must be tracked, reported and billed based
on hours worked for each subgrant agreement type.
ii.Overtime Rate. Overtime hours are intended for enhanced/increased traffic safety activities.The
overtime pay rate for personnel is based on actual cost per employee in accordance with the
Subrecipient's payroll policy. Each Subrecipient shall comply with Fair Labor Standards Act(FLSA)
requirements and thresholds for overtime accrual and payment and its own policies and procedures,
insofar as those policies apply uniformly to both federally-financed and other activities of the Subrecipient,
as required by 2 CFR 200.403(c). Additional hours may be called overtime, off duty, extra, additional, etc.,
as long as it enhances/increases traffic safety activities.A copy of the policy shall be maintained by the
Subrecipient and made available for review if requested.
(e) Additional Requirements for Law Enforcement Agencies.
i. Created Position(s) Reporting and Maintenance Requirement. Subrecipients receiving first year
funding for a newly created full-time position(s)through a subgrant agreement shall provide written
notification to the FDOT State Safety Office within 30 days of this subgrant agreement being awarded that
a new position(s)has been created in the agency as a result of this subgrant agreement being awarded.
Positions created with subgrant funding shall continue to be funded by the Subrecipient after federal
funding ends to be eligible for future subgrant funding.
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32. Reports. The following reports are required for reimbursement of subgrant funding:
(a) Performance Reports. (FDOT Form No. 500-065-19). A performance report shall be provided with each request
for financial reimbursement, providing the status of the subgrant minimum performance standards, as described
Part IV of this subgrant agreement.
(b) Final Narrative Report. (FDOT Form No. 500-065-20). A Final Narrative Report giving a chronological history of
the subgrant activities, problems encountered, major accomplishments, and NHTSA Required Activity Reporting
shall be submitted by October 31. Requests for reimbursement will not be processed and will be returned to the
Subrecipient as unpaid if the required reports are not provided, following notification.
(c) Enforcement Activity Reports. Enforcement Activity Report(s)for each type of enforcement shall be provided
with each request for financial reimbursement for overtime worked.Agency specific activity reports may be used,
if those reports include all information detailed in each FDOT Activity Form.
(d) Other Reports. The FDOT State Safety Office reserves the right to require other reports not specified above, as
necessary, for subgrant agreement monitoring.
33. Term of this Subgrant Agreement. Each subgrant agreement shall begin on the date the last party signs this
subgrant agreement and shall end on September 30, unless otherwise stipulated by the FDOT State Safety Office on the
first page of this respective subgrant agreement. In the event this subgrant agreement 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
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."
34. Travel.
(a) Required Forms. 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.
(b) Prerequisite Approvals. Travel meeting any of the following criteria shall require a written request for approval
from the FDOT State Safety Office prior to the incurring of actual travel costs. Request should include sufficient
justification to prove that the travel will have significant benefits to the outcome of the subgrant activities and is
within the travel budget of the project and relevant to the project:
i. Purchase of Airfare
ii. Travel to conference
iii. Travel which includes a registration fee
iv. Out-of-subgrant-specified work area travel
v. Out-of-state travel
Failure to receive prior written approval will deem the entire travel cost ineligible for payment, regardless of
available funding in travel budget.
(c) Lodging Reimbursement Limit. The FDOT State Safety Office shall not pay for overnight lodging/hotel room
rates that exceed $150.00 per night(before taxes and fees). A Subrecipient and/or traveler will be required to
expend his or her own funds for paying the overnight lodging/hotel room rate in excess of$150.00 plus the
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applicable percentage of fees (other than flat fees). If multiple travelers share a room and the individual cost of the
lodging/hotel exceeds the$150 per night limit, the Subrecipient and/or travelers will be required to expend his or
her own funds for paying the excess amount. If another entity is covering the cost of the overnight lodging/hotel
then this paragraph does not apply.
35. Vehicles. Any Subrecipient 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 with each.request for reimbursement
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 F.S. 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 for the purposes described in this subgrant
agreement shall be subject to repossession by the FDOT State Safety Office.
FINANCIAL/FISCAL
36. Allowable Costs. The allowability of costs incurred under this subgrant agreement shill be determined in
accordance with the general principles of allowability and standards for selected cost items set forth in the Applicable
Federal Law, state law, and the FDOT Disbursement Handbook for Employees and Managers, to be eligible for
reimbursement. All funds not spent in accordance with the Applicable Federal Law will be subject to repayment by the
Subrecipient. Only costs directly related to this subgrant agreementshall be allowable.
37. Subcontract Agreements.
(a) Requirement for Pre-Approval. All subcontract agreements must be submitted to the FDOT Safety Office in
draft form for review and approval.Approval of this subgrant agreement does not constitute approval of
subcontract agreements.
(b) Minimum Mandatory Subcontract Language. All subcontract agreements shall include as a minimum the
following information:
i. Beginning and end dates of the subcontract agreement(not to exceed this subgrant agreement period);
ii. Total contract amount;
iii. Scope of work/Services to be provided;
iv. Quantifiable, measurable, and verifiable units of deliverables;
v. Minimum level of service to be performed and criteria for evaluating successful completion;
vi. Budget/Cost Analysis; and
vii.Method of compensation/Payment Schedule.
(c) Additional Required Clauses.
i. All subcontract 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."
ii. Buy American Act clause(see Section 3 of Part V)
iii. Certification Regarding Federal Lobbying (see Section 14 of Part V)
iv. Cooperation with Inspector General (see Section 17 of Part V)
v. DBE Clause(see Section 8(b)of Part V)
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vi. E-Verify clause(see Section 18 of Part V)
vii.Nondiscrimination clause (see Section 10 of Part V)
viii. Clean Air Act and Federal Water Pollution Control Act clause(subcontracts in excess of$150,000)
(see Section 4 of Part V)
38. Indirect Costs. Indirect costs included in this subgrant agreement in Part III, under the indirect line item are based on
the amount applied for during the concept paper application process, and awards are based on cost benefit, available
funding, and if the indirect cost rate requested significantly affects the proposed project's ability to adequately address the
traffic safety need.
39. Obligation of Subgrant Funds. Subgrant funds shall not be obligated prior to the effective date or subsequent to the
end date of this subgrant agreement period. Only project costs incurred on or after the effective date and on or prior to the
end date of this subgrant agreement are eligible for reimbursement. A cost is incurred when the Subrecipient's employee
or approved contractor or consultant performs the service required or when goods are received by the Subrecipient,
notwithstanding the date of order.
40. Procedures for Reimbursement.
(a) Required Forms. All requests for reimbursement of subgrant costs must be submitted on forms provided by the
Department(FDOT Form Numbers 500-065-04 through 09 and 19) 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. ALL requests for reimbursement
shall include FDOT Form 500-065-019 Performance Report for the period of reimbursement.
(b) Supporting Documentation. Supporting documentation shall be submitted for each amount for which
reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of
copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only
expenditures for categories in this approved subgrant agreement budget may be reimbursed.These expenditures
must be allowable(pursuant to law)and directly related to the services being provided.
Listed below are types and examples of supporting documentation:
i. Personnel Services.
i. Salaries: A payroll register or similar documentation should be submitted.The payroll register
should show gross salary charges, fringe benefits, other deductions and net pay. If an individual
for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours
worked times the rate of pay will be acceptable.
ii. Fringe Benefits: Should be supported by invoices showing the
amount paid on behalf of the employee(e.g., insurance premiums paid). If the
contract specifically states that fringe benefits will be based on a specified
percentage rather than the actual cost of fringe benefits, then the calculation for
the fringe benefits amount must be shown.
ii. Contractual Services. Should be supported by a copy of the approved subcontract agreement, invoice
showing payment request from the vendor, and proof of payment by the Subrecipient.
iii. Expenses. Should be supported by a copy of any required pre-approvals, invoice showing payment
request from the vendor, and proof of payment by the Subrecipient.
iv. Travel.Should be supported by a consultant travel form or other approved DFS travel form, copies of
receipts for all miscellaneous costs applicable to the travel, in accordance with the most current version of
the FDOT Disbursements Handbook, and proof of payment of travel costs by the Subrecipient.
v. Equipment Costing Over$5,000. Should be supported by a copy of any required pre-approvals, invoice
showing payment request from the vendor, and proof of payment by the Subrecipient.
vi. Indirect Cost. If the subgrant agreement specifies that indirect costs will be paid based on a specified
rate, then the calculation should be shown.
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All documentation should be readable and include the necessary calculations to support the amounts being
requested. Illegible documents or documents for the wrong time-period or calculation amounts will require
resubmittal by the Subrecipient. If documents provided do not equal totals requested, additional documentation
may be requested, or amounts reimbursed will be reduced to totals supported by documentation.
Subgrant agreements between state agencies, and/or subgrant agreements between universities may submit
alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or
other detailed reports and do not have to include check numbers.
(c) Frequency and Deadlines for Submission.
i. Partial Claims. Subrecipients should submit all costs for reimbursement monthly, unless no costs were
incurred within a month. Reimbursement for personnel costs may be submitted after each pay period, if
desired. Failure to submit reimbursement requests in a timely manner may result in this subgrant
agreement being terminated.
ii. Final Claim. A final financial request for reimbursement shall be submitted and/or postmarked no later
than October 31 following the end of this subgrant agreement period. Such request should be distinctly
identified as Final.
The Subrecipient agrees to forfeit reimbursement of any amount incurred or expended if the final
request is not submitted and/or postmarked by October 31 following the end of this subgrant
agreement period.
(d) Travel Reimbursement. Bills for travel expenses specifically authorized in this subgrant agreement shall be
submitted on the FDOT Contractor Travel Form (300-000-06)and will be paid in accordance with Section
112.061, F.S. and the most current version of the FDOT Disbursement Handbook for Employees and Managers.
(e) Equipment Reimbursement. All requests for reimbursement of equipment 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 these equipment costs shall not be made before receipt of this
form.
(f) Media Purchase Reimbursement. Proof of performance (e.g., copies and/or images of posters, air schedules,
etc.)of all paid media purchased with subgrant funds shall be attached to reimbursement requests.
(g) Signature Requirements. All requests for reimbursement shall be signed by an Authorized Representative of
the Subrecipient, or their delegate. Delegation letters must be provided for each subgrant agreement.
(h) Reimbursement Timeline. Subrecipients 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 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.
(i) Financial Consequences. Payment shall be made only after receipt and approval of deliverables and costs
incurred. 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
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subgrant agreement non-performance, unacceptable performance, failure to meet the minimum performance
levels, deliverable deficiencies, or subgrant agreement noncompliance. If the corrective action plan is
unacceptable to the Department, the Subrecipient will not be reimbursed to the extent of the non-performance.
The Subrecipient will not be reimbursed until the Subrecipient resolves the deficiency. If the deficiency is
subsequently resolved, the Subrecipient may bill the Department for the unpaid reimbursement request(s) during
the next billing period. If the Subrecipient is unable to resolve the deficiency, the funds shall be forfeited at the end
of this subgrant agreement term.
(j) Vendor Ombudsman. A Vendor Ombudsman has been established within the Department of Financial Services.
The duties of this individual include 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.
41. Tracking and Retention of Financial Records. The Subrecipient shall maintain an accounting system or separate
accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this subgrant
agreement shall be maintained and made available upon request to the Department at all times during the period of this
subgrant agreement 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 Subrecipients general accounting
records and the project records, together with supporting documents and records, of the contractor and all subcontractors
performing work.
42. 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 request for reimbursement. 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.
43. Registration for Attendance. No activities funded under this subgrant agreement shall charge a registration fee for
attendance.
44. Responsibility of Subrecipient. The Subrecipient shall establish fiscal control and fund accounting procedures that
assure proper disbursement and accounting of subgrant funds and,required non-federal expenditures.All 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).
REQUIREMENTS
45. Child Safety Seats. Any agency that receives child safety seats must have at least one staff member who is a
current Certified Child Passenger Safety Technician.
46. Enforcement. In accordance with 23 U.S.C. Chapter 4, the State encourages law enforcement agencies to follow the
guidelines established for vehicular pursuits issued by the International Association of Chiefs of Police that are currently in
effect. (23. U.S.C. 402(j)).
(a) Automated Traffic Enforcement. No subgrant funds will be awarded or expended to carry out a program to
purchase, operate, or maintain an automated traffic enforcement system. (23 U.S.C. 402(c)(4)).The term
"automated traffic enforcement system" includes any camera that captures an image of a vehicle for the purposes
only of red light and speed enforcement, and does not include hand held radar and other devices operated by law
enforcement officers to make an on-the-scene traffic stop, issue a citation, or other enforcement action at the time
of violation. Subgrant funding will not be utilized or reimbursed for continuing priorly initiated investigations, court
or Administrative Hearings, and enforcement from aircraft.
(b) Data Driven. Selection of enforcement activity locations should be based on current data that identifies high-risk
areas with the greatest number of crashes, serious injuries, fatalities, and/or traffic violations(citations). Data
should be reviewed periodically to ensure that the most current high-risk areas are continually addressed
throughout this subgrant agreement period.
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(c) High Visibility Enforcement. All law enforcement agencies shall conduct High Visibility Enforcement while
conducting enforcement under this subgrant agreement.
High Visibility Enforcement is defined as:
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.
(d) Impaired Driving Enforcment.
i. Hours of Emphasis. A strong emphasis of enforcement operations should be during the hours of 6:00
pm to 6:00 am. Agencies should ensure that enforcement saturation/wolfpack/roving patrols are
conducted in periods of no fewer than 3 consecutive hours.The FDOT State Safety Office reserves the
right to request a copy of any subgrant funded checkpoint After Action Report.
ii.Mobilization Participation. All law enforcement agencies that receive impaired driving subgrant funding
should 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,
Halloween, and the end of year holiday season.
iii. Required Credentials for Impaired Driving Enforcement. 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 within the last five years: .
a. NHTSA/IACP 24 hour DWI Detection and Standardized Field Sobriety Testing (SFST)course
b. NHTSA/IACP 4 hour DWI Detection and Standardized Field Sobriety Testing (SFST) refresher course
c. NHTSA/IACP DWI Detection and Standardized Field Sobriety Testing (SFST) Instructor
Development course
d. NHTSA/IACP 8-hour DWI Detection and Standardized Field Sobriety Testing (SFST) Instructor
Update course .
e. NHTSA/IACP Advanced Roadside Impaired Driving Enforcement(AMIDE) course
f. Be an active certified Drug Recognition Expert (DRE)
(e) Motorcycle Enforcement. No subgrant funds will be used for programs to check helmet usage or to create
checkpoints that specifically target motorcyclists.
(f) Occupant Protection Enforcement. All law enforcement agencies that receive occupant protection subgrant
funding should participate in all NHTSA occupant protection mobilizations for Click It or Ticket and are
encouraged to participate in Child Passenger Safety Week and National Seat Check Saturday.
(g) Speed and Aggressive Driving Enforcement. All law enforcement agencies that receive speed and aggressive
driving subgrant funding should participate in the NHTSA Regional speed and aggressive driving moblization for
Operation Southern Shield.
i. Required Credentials for Speed Enforcement. Any law enforcement officer who is using a radar or
lasar speed detection system, must be certified in the use of that piece of equipment.
47. Public Service Announcements, Marketing, and Advertisements.
(a) Closed Caption Requirement. All public service announcements produced with Federal highway safety funds
shall be closed captioned for the hearing impaired.
(b) Media Plan. 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
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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:
i. What program/policy the paid media is supporting
ii. 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
iii. The amount allocated for paid media
iv. Anticipated creative costs associated with the paid media
v. The measures that will be used to assess message recognition and penetration of the target
audience.
(c) Tagging. All subgrant funded public service announcements, marketing, and advertisements shall be tagged
"Funding provided by the Florida Department of Transportation, or Funded by FDOT". `Brought to you by"or
"Provided by" may also be used for this requirement. The name of the Subrecipient 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, unless otherwise approved by the FDOT State Safety Office.
(d) Prohibition of Gifts. Contractual agreements for marketing and advertising which include communications,
public information, and paid media expenditures shall not include gifts as defined by Section 112.312, F.S.,which
includes items such as tickets, seats,food, travel, apparel, memorabilia, etc., to any representative of this
subgrant agreement or any of their traffic safety partners unless the item or service is regularly made available to
the general public at no cost.
48. Public Information and Education Items. Public Information and Education Items are defined as materials whose
purpose is to convey substantive information about highway safety. Paper, pamphlets, flash drives, CD-ROMs, and similar
media that contain educational materials are all allowable because their purpose is to contain and convey educational
information. In order to be considered educational, distributed material must provide substantial informational and
educational content to the public(not merely a slogan)and have the sole purpose of conveying that information. If a
Subrecipient chooses to provide educational content on a flash drive, CD-ROM, or similar device, that device must be an
economical method of conveying the information.
Before printing or ordering any public information and education items, a final draft or drawing of the items shall be
submitted to the FDOT State Safety Office for review and approval.
Requests should include the following:
(a) What public information or educational item is being requested
(b) What program/policy is the item supporting
(c) Who the target audience is
(d) How the item will be distributed
(e) Estimated unit cost(s)for the item
The FDOT State Safety Office shall provide written approval for reimbursement if the items are appropriate for purchase
under this subgrant agreement. Copies and/or images of all public information and education items purchased with
highway safety funds shall be attached to the forms requesting reimbursement for the items.
Printed materials (tip cards, brochures, safety pledges, surveys, activity books, booklets, guides, etc.)can be freely
distributed, however tangible items (helmets, DVDs, CD-ROMs, flash or thumb drives, reflective tape, etc.)require the
person receiving the item to interact with the Subrecipient in some manner related to the goal of the project in order to
receive the item. Interaction includes attending a presentation, signing a pledge sheet, filling out a survey form, answering
a traffic safety question, etc. The results of this interaction must be reported in the performance report.
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. "Brought to you by"or"Provided by"
may also be used for this requirement.The name of the Subrecipient and its logo can appear on any of the public
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information and education items.The names of individuals connected with the Subrecipient shall not appear on any
printed materials, and advertisements paid for with highway safety funds.
Per 2 CFR 200 and NHTSA Memo"Use of NHTSA Highway Safety Grant Funds for Certain Purchases" (dated May 18,
2016), Use of NHTSA grant funds to purchase promotional items or memorabilia is prohibited and therefore unallowable
under this subgrant agreement.
49. Publication and Printing of Observational Surveys and Other Reports.
(a) Review and Publication. During this subgrant agreement period, but before publication or printing, the final draft
of any report or reports required under this subgrant agreement or pertaining to this subgrant agreement shall be
submitted to the FDOT State Safety Office for review and concurrence. After this subgrant agreement period has
concluded, Subrecipients may publish after providing the FDOT State Safety Office with at least a 15-day prior
written notice.
(b) Discussion. Both written and oral releases are considered to be within the context of publication. However, there
is no intention to limit discussion of the study with small technical groups or lectures to employees or students.
Lectures that describe plans but discuss neither data nor results may be given to other groups without advance
approval.
•
(c) Required Language. Each publication or other printed report covered by Paragraph 50(a)above shall include
the following statement on the cover page:
i. 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.
ii. 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.
50. Safety Belt Policy. Each Subrecipient shall have a written safety belt policy, which is enforced for all employees.A
copy of the policy shall be maintained by the Subrecipient and made available for review if requested.
51. Special Conditions.
•
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Part VI: Federal Financial Assistance (Single Audit Act)
Federal resources awarded pursuant to this subqrant are as follows: •
CODA Number and Title:
El 20.600.—State and Community Highway Traffic Safety Program (NHTSA 402 Funds)
❑ 20.611 —Incentive Grant Program to Prohibit Racial Profiling(NHTSA 1906 Funds)
❑ 20.614—National Highway Traffic Safety Administration Discretionary Safety Grants
(NTHSA 403 funds)
▪ 20.616—National Priority Safety Program (NHTSA 405 Funds)
*Federal Funds Awarded: $40,000.00
Awarding Agency: Florida Department of Transportation
Indirect Cost Rate: 0%
**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 pursuantto this subgrant are subject to the following audit requirements:
(a) 2 CFR Part 200—Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal
Awards
www.ecfr.gov
Federal resources awarded pursuant to this subqrant may also be subject to the following:
(a) Federal Funding Accountability and Transparency Act (FFATA)Sub-award Reporting System (FSRS)
www.fsrs.gov
Federal Award Identification Number(FAIN): FAIN Award Date:
tochl 375183 -I d FSM (1oF5/av/g
•
•
•
•
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Project Title: Miami Beach Police Department Impaired Driving Initiative
Project Number: M5HVE-19-06-17
FDOT Contract Number: G1621
IN WITNESS WHEREOF, the parties affirm that they have each read and agree to the conditions set forth in Part V of this
Agreement that each have read and understand the Agreement in its entirety. Now, therefore, in consideration of the
mutual covenants, promises and representations herein have executed this Agreement by their undersigned officials on
the day, month, and year set out below.
(For FDOT Use Only) SUBRECIPIENT
STATE OF FLORIDA (
DEPARTMENT OF TRANSPORTATION
By: —L-11111.11.
S'Pao .o Authorized Representative
&By:
Authorized FDOT State Safety Office epresentative Name: imm L. Morales
A orized Representative's Name Printed
Date: %/g � Title: City Manager
Date Signed Authorized Representative's Title Printed
Date: ( 11
Reviewed for the Florida Department of Transportation: Date Signed
By: IMPLEMENTING AGE b Y�•.
Authoriz . FDOT Attorney / /
r /7/
By: N
/ /e• ofAurized Re resentative
Date: p
a e Sign d
Name: Chief Daniel Oates
Authorized Representative's Name Printed
Title: Chief of Police
Authorized Representative's Title Printed
Date:
3/2-5/19
ate.Signed
NOTE: These signatures are the only recognized authorized representatives for this agreement, unless
delegation is granted in writing.
APPROVED AS TO
FORM & NGUAGE
& FOR E ECUTION
27 3 — 2,�- i
City Attorn y -,t' Date