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R19-133
RESOLUTION NO. R19-133 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER OR POLICE CHIEF MICHAEL GREGORY TO APPLY FOR, 11 • ACCEPT AND SIGN ALL DOCUMENTS, INCLUDING GRANT AGREEMENT ASSOCIATED WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) GRANT IN THE AMOUNT OF $50,000.00 FOR 1 THE BOYNTON BEACH SPEED AND AGGRESSIVE 1 DRIVING PRIORITY AREA; AND PROVIDING AN 1 ' EFFECTIVE DATE. 1 ; 1 1 WHEREAS,the Florida Department of Transportation(FDOT) State Safety Office has 1 selected the City of Boynton Beach to receive $50,000.00 in sub-grant funding for the 2019-20 1 funding cycle under the speed and aggressive driving priority area; and 1;; WHEREAS, the funding is allocated for overtime and handheld speed measurement 1.. devices; and 20 WHEREAS,upon recommendation of staff,the City Commission has determined that 2 it is in the best interests of the residents of the City to authorize the City Manager or Police 2 Chief Michael Gregory to sign all documents associated with the Florida Department of 2 ; Transportation (FDOT) grant in the amount of$50,000.00 for the Boynton Beach speed and 2 aggressive driving priority area. 2 , NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 2 THE CITY OF BOYNTON BEACH, FLORIDA,THAT: 2 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 2 being true and correct and are hereby made a specific part of this Resolution upon adoption 2 ! hereof. 311 Section 2. The City Commission of the City of Boynton Beach,Florida does hereby CAUsers\Stanzionel1AppData\Local\Microsoft\Windows\INetCache\IB8RGLJJDTTDOT_Speed_and_Agressive_Driving_Grant_(2019- 20)_-_Reso.docx 3 authorize the City Manager or Police Chief Michael Gregory to sign all documents associated 3 ' with the Florida Department of Transportation (FDOT) grant in the amount of$50,000.00 for 3 the Boynton Beach Speed and Aggressive Driving program, a copy of which is attached hereto 3 as Exhibit"A". 3 Section 3. This Resolution shall become effective immediately upon passage. 31. PASSED AND ADOPTED this 41:1-day of 1ovP vi ec , 2019. 3 CITY OF BOYNTON BEACH, FLORIDA 3;, 3' YES NO 40 4 Mayor— Steven B. Grant 4 4 Vice Mayor—Justin Katz 4 ✓ 4 Commissioner—Mack McCray 40 4 Commissioner—Christina L. Romelus ✓ 4;; 4' Commissioner—Ty Penserga 50 5 5 ' VOTE 5 ; 5 ATTEST: 5 . 5;. 5 5.; C stal Gibson, MMC 5': City Clerk 60 6 6 ' 6 ; (Corporate Seal) 6 6; 1-'04,10 r 020 r.a ,yeti,` 1 O .\� C:\Users\StanzionellAppDaiitt b OMicrosoft\Windows\INetCache\IE\8RGUJDTTDOT_Speed_and_Agressive_Driving_Grant_(2019- 20)_-_Reso.docx \`� - \3� STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION(FOOT) SUBGRANT FOR HIGHWAY TRAFFIC SAFETY FUNDS 500-065-01 SAFETY 9/19 Project Number: SC-20-13-06 FDOT Contract Number: Federal Funds Awarded: $50,000 FDOT DUNS Number: 80-939-7102 Subgrant Award(Start)Date: Subgrant End Date: Part I: GENERAL ADMINISTRATIVE INFORMATION Project Title: Boynton Beach Speed and Aggressive Driving Program Federal Funding: $50,000 Match: $ Total Cost: $50,000 1. Subrecipient Agency: 2. Implementing Agency: Agency Name: City of Boynton Beach Agency Name: Boynton Beach Police Department Address Line 1: PO Box 310 Address Line 1: 2045 High Ridge Road Address Line 2: Address Line 2: City: Boynton Beach City: Boynton Beach State: Florida State: Florida Zip: 33425 Zip: 33426 3. Federal ID Number: 59-6000282 4. DUNS Number: 072247133 5. Chief Financial Officer: 6. Project Director: Name: Mara Frederiksen, Finance Director Name: Jaclyn Smith, Grant Manager Address Line 1: PO Box 310 Address Line 1: 2045 High Ridge Road Address Line 2: Address Line 2: City: Boynton Beach City: Boynton Beach State: Florida State: Florida Zip: 33425 Zip: 33426 Telephone No: E- (561)742-6312 ext. Telephone No: E- (561) 742-6195 ext. Mail Address: frederiksenm@bbfl.us Mail Address: smithja@bbfl.us 7. Financial Reimbursement Contact: 8. Project Activity Contact: Name: Jaclyn Smith Name: Jaclyn Smith Title: Grants Manager Title: Grants Manager Telephone Number: (561)742-6195 ext. Telephone Number: (561) 742-6195 ext. E-Mail Address: smithja@bbfl.us E-Mail Address: smithja@bbfl.us 9. Payment Remittance Address: Name: City of Boynton Beach Address Line 1: PO Box 310 Address Line 2: City: Boynton Beach State: Florida Zip: 33425 Amendment Number:Original SUB-2020-BoyntonBea-00143 Page 1 of 26 Amendment Date: Project Title:Boynton Beach Speed and Aggressive Driving Program 500-065-01 Project Number:SC-20-13-06 SAFETY 9/19 FDOT Contract Number: 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: The City of Boynton Beach is located along the Atlantic Coast in the southern part of Palm Beach County. The city has approximately 70,000 year-round residents. During the winter months there is a sharp increase with part-time residents and tourists. The city is approximately 16 square miles and lies between West Palm Beach, 10 miles to the north, and City of Miami,which is approximately 50 miles to the south.The City of Boynton Beach has 9 major roadways, including Boynton Beach Blvd. (SR804),which is the main roadway that has exit/entrance to 1-95 and Florida's Turnpike. According to the Florida Department of Transportation (FDOT)fiscal year(FY)2020 Highway Safety Matrix, the City of Boynton Beach ranked 12 out of 101 for speed and aggressive driving-related serious injuries or fatalities. Boynton Beach Police Department(PD)Crash and Citation Data: 2015 2016 2017 Total crashes 3,111 3,338 3,278 Total crashes with fatalities 9 11 7 Total crashes with injuries 583 693 522 Total speeding citations 759 504 1315 Total overall citations 6278 4613 6981 It is clear that continued education and enforcement of the state's speed and aggressive driving laws is necessary in order to reduce the incidences of serious injuries and fatalities on the city's roadways. 2. Proposed Solution: The Boynton Beach Police Department believes that the success of any traffic safety program is not solely hinged on either component of enforcement,education or engineering. This program aims to reduce traffic crashes, fatalities and serious injuries that are speed and/or aggressive driving-related by the implementation of the following components. The Boynton Beach Police Department will review crash data on a weekly basis in order to determine high frequency crash, serious injury, and fatality locations throughout our jurisdiction. We will develop schedules for traffic personnel to conduct"zero tolerance"overtime high visibility enforcement operations at the determined locations. The project director will be responsible for ensuring that the data is reviewed each week, in order to review for any possible changes to the list. Our agency will commit to locating and targeting 10 total locations for this program. In addition,the project director will be responsible for distributing this top 10 list to all traffic personnel so that they can concentrate on these specific areas,which will increase law enforcement presence. The speed measurement devices purchased with sub grant funds will be utilized on the roadways that are determined through data to have a high volume of speeding vehicles and crash history. The Boynton Beach Police Department will also conduct education initiatives in local high schools, senior centers, businesses, civic organizations and public forums to raise awareness with speed-related issues. The Police Department will determine through a review of our traffic crash data which population groups are involved in a majority of the traffic crashes that occur within our jurisdiction.A special emphasis will be made to raise traffic safety awareness with this population group by targeting an area to solicit traffic safety and guidance. Amendment Number:Original SUB-2020-BoyntonBea-00143 Page 2 of 26 Amendment Date: Project Title:Boynton Beach Speed and Aggressive Driving Program 500-065-01 Project Number:SC-20-13-06 SAFETY 9/19 FOOT Contract Number: In order to facilitate the delivery of this traffic message,the Boynton Beach Police Department will partner with local resources such as the Community Traffic Safety Team, Law Enforcement Liaison Program, neighboring law enforcement agencies and local media outlets. The Boynton Beach Police Department will also participate in any statewide public awareness and enforcement campaigns sponsored by the Florida Department of Transportation State Safety Office. 3. Project Objectives: a. Strive to decrease speed and aggressive driving crashes and fatalities citywide by 5%when compared to the previous three year average. b. Conduct speed and aggressive driving high visibility overtime enforcement operations. c. Participate in the state Operation Southern Shield campaign through speed and aggressive driving overtime enforcement operations and educational/community activities. d. Conduct and or participate in educational/community outreach events to increase speed and aggressive driving awareness. e. Provide speed and aggressive driving information and education to the public through the use of message boards/local media outlets/social media/press releases. 4. Evaluation: a. Sspeed and aggressive driving crashes and fatalities are reduced by 5% [county/city]wide, compared to the previous three year average. b. The number of speed and aggressive driving high visibility overtime enforcement operations conducted during the subgrant period. c. The number of speed and aggressive driving overtime enforcement operations conducted and education/community activities conducted/participated in during the Operation Southern Shield campaign. d. The number of educational/community outreach events conducted or participated in to increase speed and aggressive driving awareness. e.The number of instances that speed and aggressive driving information and education is provided to the public through the use of message boards/local media outlets/social media/press releases throughout the subgrant period. Amendment Number:Original SUB-2020-BoyntonBea-00143 Page 3 of 26 Amendment Date: Project Title:Boynton Beach Speed and Aggressive Driving Program 500-065-01 Project Number:SC-20-13-06 SAFETY 9/19 FDOT Contract Number: Part III: PROJECT DETAIL BUDGET 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 FEDERAL MATCH TOTAL FUNDS COST A. Personnel Services Overtime Salary(no benefits) $40,000 $ $40,000 Overtime salary(no benefits) Subtotal: $40,000 $ $40,000 B.Contractual Services Subtotal: $ $ $ IC.Expenses Speed Trailer_Measurement Devices $10,000 I $ I $10,000 Speed Reporting Subtotal: I ra+aerHandheld.. . I $ I $10,000 $10-000 D.Equipment Cuating$5,000 yr Mute Subtotal: $ $ $ E. IndlreLt CUs .4..�_. Subtotal: $ $ Total Cost of Project: $50,000 $ $50,000 Amendment Number:Original SUB-2020-BoyntonBea-00143 Page 4 of 26 Amendment Date: Project Title:Boynton Beach Speed and Aggressive Driving Program 500-065-01 Project Number:SC-20-13-06 SAFETY 9/19 FDOT Contract Number: PART IV: PERFORMANCE REPORT 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. Submit request(s)for financial reimbursement. 2. Provide performance report(s). 3. Collect and analyze crash data to determine focus areas for speed and aggressive driving enforcement. 4. Conduct speed and aggressive driving high visibility enforcement operations. 5. Conduct outreach/educational activities for speed and aggressive driving. 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:Original SUB-2020-BoyntonBea-00143 Page 5 of 26 Amendment Date: Project Title:Boynton Beach Speed and Aggressive Driving Program 500-065-01 Project Number:SC-20-13-06 SAFETY 9/19 FDOT Contract Number: 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 Amendment Number:Original SUB-2020-BoyntonBea-00143 Page 6 of 26 Amendment Date: Project Title:Boynton Beach Speed and Aggressive Driving Program 500-065-01 Project Number:SC-20-13-06 SAFETY 9/19FDOT Contract Number: 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. 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; Amendment Number:Original SUB-2020-BoyntonBea-00143 Page 7 of 26 Amendment Date: Project Title:Boynton Beach Speed and Aggressive Driving Program 500-065-01 TY Project Number:SC-20-13-06 SAF 9, FDOT Contract Number: 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 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. Amendment Number:Original SUB-2020-BoyntonBea-00143 Page 8 of 26 Amendment Date: Project Title:Boynton Beach Speed and Aggressive Driving Program 500-065-01 Project Number:SC-20-13-06 SAFETY 5-n s FDOT Contract Number: 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: 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.O.) 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 Amendment Number:Original SUB-2020-BoyntonBea-00143 Page 9 of 26 Amendment Date: Project Title:Boynton Beach Speed and Aggressive Driving Program 500-065-01 Project Number:SC-20-13-06 SAFETY 9/19 FDOT Contract Number: (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) (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. Amendment Number:Original SUB-2020-BoyntonBea-00143 Page 10 of 26 Amendment Date: Project Title:Boynton Beach Speed and Aggressive Driving Program 500-065-01 Project Number:SC-20-13-06 SAFETY FDOT Contract Number: 9/19 (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 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. Amendment Number:Original SUB-2020-BoyntonBea-00143 Page 11 of 26 Amendment Date: Project Title:Boynton Beach Speed and Aggressive Driving Program 500-065-01 Project Number:SC-20-13-06 SAFETY 9/19 FDOT Contract Number: (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. (c) Restriction of Use for Federal civilian and Military employees.Subgrant funding is not allowable for the cost of training federal civilian and military employees. Indian Nations may be supported with written approval from the FDOT Traffic Safety Administrator and NHTSA. 15. Federal Encouragements. (a) Vehicle Pursuits. Pursuant to 23 U.S.C. 402(j), all law enforcement agencies are encouraged to follow the guidelines stablished for vehicular pursuits issued by the International Association of Chiefs of Police that are currently in effect. (b) Policy on Seat Belt Use. In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, subrecipients are encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. (c) Policy on Banning Text Messaging While Driving. In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving,and DOT Order 3902.10, Text Messaging While Driving, subrecipients are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company-owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official business or when performing any work on behalf of the subrecipient agency and/or the Government. Subrecipients are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting and driving. STATE REGULATIONS 16. 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 Amendment Number:Original SUB-2020-BoyntonBea-00143 Page 12 of 26 Amendment Date: Project Title:Boynton Beach Speed and Aggressive Driving Program 500-065-01 Project Number:SC-20-13-06 SAFETY 9/19 FDOT Contract Number: entity;and may not transact business with any public entity. (c) The convicted vendor list and discriminatory vendor list can be found on the Florida Department of Management Services(DMS)website. 17. 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. 18.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. 19. 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. 20. 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. 21. 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. 22. 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. 23. 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. Amendment Number:Original SUB-2020-BoyntonBea-00143 Page 13 of 26 Amendment Date: Project Title:Boynton Beach Speed and Aggressive Driving Program 500-065-01 Project Number:SC-20-13-06 SAFETY 9119 FDOT Contract Number: 24. Tangible Property. Property purchased under this subcontract does not qualify as Tangible Personal Property as defined by Chapter 273, F.S. GRANT MANAGEMENT 25. 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. 26. 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 The Subrecipient shall proceed diligently with the performance of this subgrant agreement and in accordance with Department's decision(s). 27. 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. Amendment Number:Original SUB-2020-BoyntonBea-00143 Page 14 of 26 Amendment Date: Project Title:Boynton Beach Speed and Aggressive Driving Program 500-065-01 Project Number:SC-20-13-06 SAFETY 9/19 FDOT Contract Number: (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. 28. 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 fault or negligence of any of them,the Subrecipient shall not be deemed to be in default, unless(1)the supplies or services to be furnished by the consultant or contractor were obtainable from other sources, (2) the FDOT State Safety Office shall have ordered the 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. 29. 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. 30. 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. 31. 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. Amendment Number:Original SUB-2020-BoyntonBea-00143 Page 15 of 26 Amendment Date: Project Title:Boynton Beach Speed and Aggressive Driving Program 500-065-01 Project Number:SC-20-13-06 SAFETY 9/19 FDOT Contract Number: 32. 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. 33. 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 Amendment Number:Original SUB-2020-BoyntonBea-00143 Page 16 of 26 Amendment Date: Project Title:Boynton Beach Speed and Aggressive Driving Program 500-065-01 Project Number:SC-20-13-06 SAFETY 9/19 FDOT Contract Number: 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. 34. 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." 35. 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) Authorization and Restriction. All travel authorized under this subgrant shall be subject to any additional authorization requirements or restrictions imposed by: the Governor's Executive Order or other guidance; any requirements or forms for travel cost reimbursement imposed by the Subrecipient that do not violate FDOT travel cost reimbursement requirements; and/or FDOT during the subgrant period. (c) 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 Air fare 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. (d) 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 applicable percentage of fees(other than flat fees). If multiple travelers share a room and the individual cost of Amendment Number:Original SUB-2020-BoyntonBea-00143 Page 17 of 26 Amendment Date: Project Title:Boynton Beach Speed and Aggressive Driving Program 500-065-01 Project Number:SC-20-13-06 SAFETY 9/19 FDOT Contract Number: 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. (e) Lodging for Subgrant Funded Statewide Coalition Meetings and Conferences.Lodging contracts may be funded to accommodate attendance of subgrant funded statewide coalition meetings, conferences, and programs. If lodging a lodging contract is executed to cover lodging cost, all travelers shall be expected to use the contract, and any attendees choosing alternate lodging accommodations based on preference,shall do so at their own out of pocket costs. Cost for these lodging contracts will be reviewed and approved for program appropriateness and costs savings to the State, as determined and approved by the FDOT State Safety Office. 36. 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 37. Allowable Costs. The allowability of costs incurred under this subgrant agreement shall 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 agreement shall be allowable. 38. 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; Amendment Number:Original SUB-2020-BoyntonBea-00143 Page 18 of 26 Amendment Date: Project Title:Boynton Beach Speed and Aggressive Driving Program 500-065-01 Project Number:SC-20-13-06 SAFETY 9n9 FDOT Contract Number: 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) 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) 39. 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. 40.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. 41. 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 Amendment Number:Original SUB-2020-BoyntonBea-00143 Page 19 of 26 Amendment Date: Project Title:Boynton Beach Speed and Aggressive Driving Program 500-065-01 Project Number:SC-20-13-06 SAF ETY 9/19 FDOT Contract Number: 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. 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 (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 Amendment Number:Original SUB-2020-BoyntonBea-00143 Page 20 of 26 Amendment Date: Project Title:Boynton Beach Speed and Aggressive Driving Program 500-065-01 Project Number:SC-20-13-06 SAFETY9/9 FDOT Contract Number: 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 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. 42. 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. 43. 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. Amendment Number:Original SUB-2020-BoyntonBea-00143 Page 21 of 26 Amendment Date: Project Title:Boynton Beach Speed and Aggressive Driving Program 500-065-01 Project Number:SC-20-13-06 SAFETY 9/19 FDOT Contract Number: 44. Registration for Attendance. No activities funded under this subgrant agreement shall charge a registration fee for attendance. 45. 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 46. 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. 47. Enforcement. (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. (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. Explansion of enforcement operation hours can be adjusted based on supporting data and prior approval by the FDOT State Safety Office.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. Amendment Number:Original SUB-2020-BoyntonBea-00143 Page 22 of 26 Amendment Date: Project Title:Boynton Beach Speed and Aggressive Driving Program 500-065-01 Project Number:SC-20-13-06 SAFETY 9/19 FDOT Contract Number: 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 (ARIDE)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 48. 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 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 FOOT State Safety Office. Amendment Number:Original SUB-2020-BoyntonBea-00143 Page 23 of 26 Amendment Date: Project Title:Boynton Beach Speed and Aggressive Driving Program 500-065-01 Project Number:SC-20-13-06 SAFETY sns FDOT Contract Number: (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. 49. 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 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. 50. 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. Amendment Number:Original SUB-2020-BoyntonBea-00143 Page 24 of 26 Amendment Date: Project Title:Boynton Beach Speed and Aggressive Driving Program 500-065-01 Project Number:SC-20-13-06 SAFETY 9/19 FDOT Contract Number: (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. 51. 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. 52. Special Conditions. Amendment Number:Original SUB-2020-BoyntonBea-00143 Page 25 of 26 Amendment Date: Project Title:Boynton Beach Speed and Aggressive Driving Program 500-065-01 Project Number:SC-20-13-06 SAFETY FOOT Contract Number: ens Part VI: Federal Financial Assistance (Single Audit Act) Federal resources awarded pursuant to this subgrant are as follows: CFDA Number and Title: O 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) O 20.616-National Priority Safety Program(NHTSA 405 Funds) *Federal Funds Awarded: $50,000 Awarding Agency: Florida Department of Transportation Indirect Cost Rate: **Award is for R&D: No Federal resources awarded pursuant to 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 subgrant may also be subject to the following: (a) Federal Funding Accountability and Transparency Act (FFATA)Sub-award Reporting System(FSRS) \ww.fsrs.2.ov Federal Award Identification Number(FAIN): FAIN Award Date: Amendment Number:Original SUB-2020-BoyntonBea-00143 Page 26 of 26 Amendment Date: Project Title:Boynton Beach Speed and Aggressive Driving Program 500-065-01 Project Number:SC-20-13-06 SAFETY sns FDOT Contract Number:G1D48 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) STATE OF FLORIDA SUBRECIPIENT DEPARTMENT OF TRANSPORTATION oij B a Y Signature of Authori epresentative By: Authorized FDOT State Safety Office Representative /` Name: C OL94 D• CV-0Fr Authorized Representative's Name Printed Date: Date Signed Title: A5St . C.1'11 M►i1Ar.1AGEo Authorized Representative's Title Printed Date: l 1 /i / -2019 Date Signed Reviewed for the Florida Department of Transi ortation: IMPLEMENTING AGENCY By: By: Authorized FDOT Attorney Signature of Authorized Representative Name: Authorized Representative's Name Printed Date: Date Signed Title: Authorized Representative's Title Printed Date Date Signed NOTE: These signatures are the only recognized authorized representatives for this agreement, unless delegation is granted in writing. Amendment Number:Original SUB-2020-BoyntonBea-00143 Page 27 of 27 Amendment Date: