R03-171P SOX. m'xo No. P.03- / ?/
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH AND THE FLORIDA DEPARTMENT
OF TRANSPORTATION, PROVIDING FOR THE FUNDING
OF A POLICE VEHICLE TO ASSIST THE STATE'S
AGGRESSIVE DRIVER PROGRAM; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach Police Department applied for and has
been awarded a sub-grant from the Florida Department of Transportation in the total
amount of $47,245.00, for the funding of a police vehicle to assist the state's Aggressive
Driver Program; and
WHEREAS, t his vehicle will greatly assist the City of Boynton Beach Police
Department in their ongoing attempt to curb aggressive driving on City roadways, and
~vill also be utilized during public events, where officers will educate the public on the
:langers of speed and aggressive driving.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach hereby
authorizes acceptance of the Florida Department of Transportation sub-grant in the
amount of $47,245.00, and execution of an Agreement with the Florida Department of
I'ransportation to fund a police vehicle to assist the state's Aggressive Driver Program. A
copy of the agreement is attached hereto.
Section 2. This Resolution shall become effective immediately upon passage.
S:\CA\RESO~Agreements\BBPD\BBPD-FDOT - Agressive Driver Vehicle.doc
PASSED AND ADOPTED this
day of October, 2003.
~TTEST:
k\CA\RESO~Agreements\BBPD\BBPD-FDOT - Agressive Driver Vehicle.doc
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
SUBGRANT APPLICATION FOR HIGHWAY SAFETY FUNDS
500-065-01
SAFETY
06~03
For D. O. T. Use Only
Project Number: DOT Contract Number:
Federal Funds Allocated: Date Approved:
Subgrant Period: Date Revised:
Subgrant History: (1) (2) (3)
Part I: GENERAL ADMINISTRATIVE INFORMATION
(See Instructions for Highway Safety Subgrant Applications)
1. Project Title: Boynton Beach Speed & Aggressive Ddving Program
2. Type of Application: ~) Initial
3. Requested Subgrant Period: 10/1/2003
O Continuation
to 9/30/2004
4. Support
Sought: $47,245
Matching
Share: $0
Total
Budget: $47,245
5. Applicant Agency (Subgrantee):
City of Boynton Beach
Mayor Broening
100 E. Boynton Beach Blvd.
P.O. Box 310
Boynton Beach FL. 33435
6. Implementing Agency:
City of Boynton Beach Police Department
Marshall B. Gage, Chief of Police
100 E. Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, FI. 33435
Telephone: (561) 742-6000 Telephone: (561) 742-6101
7. Federal ID Number: 8. State SAMAS Number (State Agencies)
596000282005
9. Chief Financial Officer: 10. Project Director:
Diane Reese
City of Boynton Beach
100 E. Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, FL. 33435
Telephone Number: (561) 742-6312
Fax Number: (561) 742-6316
E-Mail Address: Reesed@ci.boynton-beach.fl.us
Sgt. Stewart Steele
City of Boynton Beach
100 E. Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, FL. 33435
Telephone Number: (561) 742-6163
Fax Number: (561) 742-6185
E-Mail Address: Steeles@ci.boynton-beach.fl.us
Subgrant funds provided by the U.S. Department of Transportation, National Highway Traffic Safety Administration,
Catalog of Federal Domestic Assistance Number - 20.60__ , State and Community Highway Safety Program, through
the Florida Department of Transportation.
500-065-01
Part I1: PROJECT PLAN AND SUPPORTING DATA
06/03
State clearly and in detail the aims of the project, precisely what will be done, who will be involved, and what is expected
to result. Use the following major headings:
1. Statement of the Problem
2. Proposed Solution
3. Objectives
4. Evaluation
5. Milestones (Use form provided)
Start below and use additional pages as necessary.
1. Statement of the Problem:
The city of Boynton Beach is located along the Atlantic Coast and in the southern part of Palm Beach County. The city
has approximately 62,000 year round residents. During the winter months, September through April, there is a sharp
increase in the winter residents and tourists. The city is approximately 16 square miles and lies between West Palm
Beach, which is 10 miles to the north, and the city of Miami, which is 50 miles to the south.
A problem that exists in the city of Boynton Beach as well as other cities throughout the county is an epidemic aptly
name" Road Rage". Road Rage is the result of another problem referred to as "Aggressive Driving ". Specific types of
moving violations committed by drivers can be defined as aggressive driving. Speeding, following too close, improper
lane changing, reckless driving, failing to obey traffic signals and failing to yield the right of way to name a few
examples. Road Rage occurs when one driver expresses anger towards another driver, and acts on that anger. It is
often a reaction to perceived wrongdoing or discourtesy by another driver.
Each year there are an estimated 2 million episodes of aggressive driving. That number appears to be increasing each
year. It is also estimated that yeady 20,000 Americans die because of aggressive driving incidents. The American
Automobile Association suggests that driver-to-driver violence is up more than 50 percent since 1990.
From March 1,2002 through March 1,2003 the Boynton Beach Police Department wrote 16,641 citations. Of those
citations written 4,640 were for speed, 51 for reckless driving, 1205 for violation of traffic control device, 132 for
improper lane change, 249 for fail to yield right of way and 685 for careless driving. In October of 2002 the Department
increased the manpower in the traffic division in order to combat the speed and aggressive driving problem. From that
time the number of citations being writtenhas increased by nearly 30 percent.
2. Proposed Solution:
The Boynton Beach Police Department has identified the seriousness of the aggressive driving problem. As such in
January of 2003 the department started the road-runner project. This project is a five-person detail that moves
throughout the city performing traffic enforcement. This project is done once a week at different times of the day to
address the numerous speeding and aggressive driving problems we have. we believe the addition of an unmarked
vehicle will enhance our ability to detect and apprehend aggressive drivers. The Vehicle will be used by the Department
to target specific areas. We believe a less conspicuous car will enhance the effectiveness of our enforcement.
During peak driving times, early morning and late afternoons, officers will be able to utilize the vehicle in areas within
the city where there have been complaints about aggressive driving.
Areas in which the vehicle will be used include school zones, and roads that are heavily traveled during peak driving
times. Enforcement will also be conducted during weekend nights, and during campaigns such as the Stop Red Light
Running Week, and the different Seat Belt Enforcement Weeks.
The vehicle will be used during public events where officers will be able to educate the public on the dangers of speed
and aggressive driving. The vehicle will also be used at the high school in the city to educate high school age students
to the danger of aggressive driving.
500-065-01
SAFETY
06/03
3. Objectives:
1. Increase number of citations using solutions from proposal
2. Increase public awareness on aggressive driving
3. Reduce number of crashes that involve the factors in aggressive driving
4. Educate other officers in the Department on aggressive driving and road rage
4. Evaluation:
The Boynton Beach Police department will evaluate the overall success of the program by the number of citations
issued during aggressive driving enforcement. The number of aggressive drivers apprehended and the success of the
public awareness programs concerning aggressive driving.
500-065-01
SAFETY
06~03
Timetable for Milestones
Milestones ~. Qua.er 2nd Quarter 3rd Quarter 4th Quarter
OCT NOV DEC JAN FEB MAR APF~ MAY JUN JUL AUG SEP
Conduct Traffic 'Stops X X X X X X X X X X X
Track Speed Related Tickets X X X X X X X X X X X
Track Hazardous Moving Violations X X X X X X X X X X X
Conduct Public Awareness Activities X X X X X X X X X X X
Conduct Specialized Traffic Enforcement X X X X X X X X X X X
Conduct DUI Checkpoints X X X X X
Track Child Restraint Ticket Issued BY Agency X X X X X X X X X X X
Track Safety Belt Tickets Issued By Agency X X X X X X X X X X X
4
500-065-01
Part II1: PROJECT DETAIL BUDGET s^~
06/03
Project Title: Boynton Beach Speed & Aggressive Driving Program
Project Number: Contract Number:
BUDGET CATEGORY TOTAL FEDERAL NON-FEDERAL
FUNDING
STATE LOCAL
A. Personnel Services
Sub-total
B. Contractual Services
Sub-total
C. Expenses
Sub-total
D. Operating Capital Outlay
One (1) Uncon. Vehicle w/li.qhts & siren $ 37,500 $ 37,500
Installation Costs $1,200 $1,200
One (1) Computer Stand $ 200 $ 200
One (1) In-Car Video Camera $ 4,350 $ 4,350
One (1) Radar Unit $ 2,995 $ 2,995
One (1) Computer Modem $1,000 $1,000
Sub-total $ 47,245 $ 47,245
E. Indirect Cost
Sub-total
Total Cost of Project $ 47,245 $ 47,2451
5
Budget Modification Number:
Effective Date:
BUDGET NARRATIVE
500-065-01
SAFETY
06/03
Project Title: Boynton Beach Speed & Aggressive Driving Program
Project Number: Contract Number:
The following is a narrative description of the project budget by line item by category, detailing the item and anticipated
cost. Each category must be sufficiently defined to show cost relationship to project objectives. Attach additional sheets
as needed.
D. Operating Capital Outlay $47,245
Cost to be reimbursed in this category include a police vehicle with lights & siren, in-car video camera, radar unit,
computer stand, computer modem and installation costs..
Budget Modification Number:
Effective Date:
Part IV: REPORTS
500-065-01
SAFETY
06/03
Quarterly Progress Report Narrative for the
Project Title: Boynton Beach Speed & Aggressive Driving Program
quader.
Project Number:
Implementing Agency:
Project Director:
Describe the subgrant activities that took place during the quarter. Attach newspaper clippings, press releases, photos
and other items that document activities. Use additional sheets, if necessary. The Quarterly Progress Report of
Performance Indicators should be sent to the DOT Safety Office along with the narrative within 30 days of the end of
each quarter.
500-065-01
QUARTERLY PROGRESS REPORT OF PERFORMANCE INDICATORS s^FEw
06/03
for the quarter,
Project Title: Boynton Beach Speed & Aggressive Driving Program
Project Number:
Implementing Agency: Boynton Beach Police Department
Project Director: Sgt. Stewart Steele
Milestones Acomplished
Performance
Indicators Quarter Quarter Quarter Quarter
Ending Ending Six-Month Project
December 31 March 31 Totals Ending Ending
June 30 September 30 ' Totals
Number of Traffic Stops made using grant
funded equipment
Number of speed related tickets issued using
grant funded equipment
Number of other hazardous moving
violations issued using grant funded
equipment
Number of public awareness events
conducted by the agency
Number of specialized traffic enforcement
operations conducted by the agency
Number of DUI checkpoints held by the
agency
Number of child restraint tickets issued by
the agency
Number of safety belt tickets issued by the
agency
Final Narrative Report
500-065-,01
SAFETY
06/03
Project Title: Boynton Beach Speed & Aggressive Driving Program
Project Number:
Implementing Agency:
Project Directo.r:
The following is a chronological narrative history of the above listed project in accordance with Part V: Acceptance and
Agreement, Conditions of Agreement, 1. Reports. This report is an accurate accounting of the project performance and
accomplishments. Attach additional sheets as needed.
9
500-065-01
SAFETY
Part V: Acceptance And Agreement 0~,o3
Conditions of Agreement. Upon approval of this Subgrant Application for Highway Safety Funds, the following
terms and conditions shall become binding. Noncompliance will result in loss of, or delays in, reimbursement of
costs as set forth herein.
1. Reports. The subgrant year quarters are October 1 - December 31, January 1 - March 31, April 1 - June 30,
and July I - Septmeber 30. The implementing agency shall submit the Quarterly Progress Report Narrative
and Quarterly Progress Report of Performance Indicators forms to the State Safety Office by the last day of
the month following the end of each quarter (January 31, April 30, July 31, and October 31 ) if the subgrant was
effective during the quarter any part of the quarter. Quarterly reports postmarked after the respective submission
dates listed above shall be considered past due. The implementing agency shall submit a Final Narrative
Report, giving a chronological history of the subgrant activities, problems encountered, and major
accomplishments by October 31. Requests for reimbursement will be returned to the subgrantee or implementing
agency unpaid if the required reports are past due, following notification.
2. Responsibility of Subgrantee. The subgrantee and its implementing agency shall establish fiscal control and
fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required
non-federal expenditures. All monies spent on this project shall be disbursed in accordance with provisions of the
Project Detail Budget as approved by the State Safety Office. All expenditures and cost accounting of funds
shall conform to 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments; 49 CFR, Part 19, Uniform Administrative Requirements for
Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit
Organizations; OMB Circular A-102, Grants and Cooperative Agreements with State and Local
Governments; OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations; OMB Circular A-21, Cost
Principles for Educational Institutions; OMB Circular A-87, Cost Principles for State, Local, and Indian
Tribal Governments; and/or OMB Circular A-122, Cost Principles for Non-Profit Organizations, hereby
incorporated by reference, (hereinafter referred to as Applicable Federal Law).
3. Compliance with Chapter 287, Florida Statutes. The subgrantee and implementing agency agree to comply
with all applicable provisions of Chapter 287, Florida Statutes. The following provisions are stated in this
agreement pursuant to sections 287.133(3)(a) and 287.134(3)(a), Florida Statutes.
(a) Section 287.133 (2)(a), F.S.
A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity
crime may not submit a bid, proposal, or reply on a contract to provide goods or services to a public entity;
may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a
public building or public work; may not submit bids, proposals, or replies on leases of real property to a public
entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a
contract with any public entity; and may not transact business with any public entity in excess of the threshold
amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being
placed on the convicted vendor list.
(b) Section 287.134 (2)(a), F.S.
An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or
reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or
reply on a contract with a public entity for the construction or repair of a public building or public work; may
not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity;
and may not transact business with any public entity.
4. Approval of Consultant and Contractor Agreements. The State Safety Office shall review and approve in
writing all consultant and contractor agreements prior to the actual employment of the consultant or the contractor
by the subgrantee or implementing agency. Approval of the subgrant does not constitute approval of a consultant
or contractor agreement.
10
All consultant agreements will contain the following statement:
500-065-01
SAFETY
06~3
The parties to this contract shall be bound by all applicable sections of Part V: Acceptance and Agreement
of Project # (insert project number), DOT Contract # (insert contract number). A final invoice must be
received by (insert date) or payment will be forfeited.
5. Allowable Costs. The allowability of costs incurred under any subgrant shall be determined in accordance
with the general principles of allowability and standards for selected cost items set forth in the Applicable Federal
Law and state law, to be eligible for reimbursement. All funds not spent in accordance with the Applicable Federal
Law will be subject to repayment by the subgrantee.
6. Travel. Travel costs for approved travel shall be reimbursed in accordance the State of Florida, Department
of Transportation's (Department's) Disbursement Operations Manual, Chapter 3 Travel, hereby incorporated by
reference, but not in excess of provisions in Section 112.061, Florida Statutes. All out-of-state travel, conference
travel, meeting travel which includes a registration fee, and out-of-grant-specified work area travel shall require
written approval of the State Safety Office prior to the commencement of actual travel as being within the travel
budget of the project and relevant to the project. Out-of-state travel shall not be approved unless the specific trip
is in the approved subgrant budget or the head of the Implementing Agency provides sufficient justification to
prove that the travel will have significant benefits to the outcome of the subgrant activities. In addition, prior
written approval shall be obtained from the State Safety Office for hotel rooms with rates exceeding $100 per day
that are to be reimbursed. Rates exceeding $100 per day shall not be approved unless the hotel is the host
facility for an approved conference or the average rate for all hotels in the area exceeds $100.
7. Written Approval of Changes. The subgrantee or implementing agency shall obtain prior written approval
from the State Safety Office for changes to the agreement. Changes to the agreement will be approved which
achieve or improve upon the outcome of the subgrant work, or where factors beyond the control of the subgrantee
require the change. For example:
(a) Changes in project activities, milestones, or performance indicators set forth in the approved application.
(b) Changes in budget items and amounts set forth in the approved application.
(c) Changes to personnel in positions that are being reimbursed by this agreement.
Changes to the subgrant agreement shall only be requested by the Authorized Representative of the Subgrantee
or the Adminstrator of the Implementing Agency. Requests for changes to the subgrant budget must be
postmarked no later than June 30 of the fiscal year to be considered. Requests for budget changes postmarked
after June 30 will be denied.
8. Reimbursement Obligation. The State of Florida's performance and obligation to reimburse the subgrantee
shall be subject to the availability of Federal highway safety funds and an annual appropriation by the Legislature:
As detailed in 49 CFR, Part 29, Governmentwide Debarment and Suspension (Nonprocurement) and
Governmentwide Requirements for Drug-Free Workplace (Grants), hereby incorporated by reference, the
subgrantee shall not be reimbursed for the cost of goods or services received from contractors, consultants,
vendors, or individuals suspended, debarred, or otherwise excluded from doing business with the Federal
government. The subgrantee or its implementing agency shall submit the required certification by consultants with
awards in excess of the small purchase threshold fixed at 10 U.S.C. 2304(g) and 41U.S.C. 253(g)
(currently $25,000).
9. Commencement of Projects. If a project has not commenced within 30 days after the acceptance of the
subgrant award, the subgrantee or its implementing agency shall report by letter the steps taken to initiate the
project, the reasons for delay, and the expected starting date. If, after 60 days from the acceptance of the award,
project activity as described herein has not begun, a further statement of implementation delay will be submitted
by the subgrantee or its implementing agency to the State Safety Office. The subgrantee agrees that if the letter
is not received in the 60 days, the State Safety Office will cancel the project and reobligate the funds to other
program areas. The State Safety Office, where warranted by excusable delay, will extend the implementation
date of the project past the 60-day period, but only by formal wdtten approval from the State Safety Office.
11
500-065q31
SAFETY
06/03
10. Excusable Delays.
(a) Except with respect to the defaults of subgrantee's or implementing agency's consultants and contractors which
shall be attributed to the subgrantee, the subgrantee and its implementing agency shall not be in default by reason
of any failure in performance of this agreement in accordance with its terms if such failure arises out of causes
beyond the control and without the fault or negligence of the subgrantee or its implementing agency. Such causes
are acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires,
floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every
case the failure to perform must be beyond the control and without the fault or negligence of the subgrantee. If the
failure to perform is caused by the failure of the subgrantee's or its implementing agency's consultant or contractor
to perform or make progress, and if such failure arises out of causes beyond the control of the subgrantee, its
implementing agency and its consultant or contractor, and without the fault or negligence of any of them, the
subgrantee 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 State Safety Office shall have ordered the
subgrantee or its implementing agency in writing to procure such supplies or services from other sources, and (3)
the subgrantee or its implementing agency shall have failed to comply reasonably with such order.
(b) Upon request of the subgrantee or its implementing agency, the State Safety Office shall ascertain the facts
and extent of such failure and, if it shall be determined that any failure to perform was occasioned by any one or
more of the said causes, the delivery schedule shall be revised accordingly.
11. Obligation of Subgrant Funds. Subgrant funds may not be obligated prior to the effective date or
subsequent to the termination date of the subgrant pedod. Only project costs incurred on or after the effective
date and on or prior to the termination date of the subgrant application are eligible for reimbursement. A cost is
incurred when the subgrantee's employee, its implementing agency, or approved contractor or consultant
performs the service required or when goods are received by the subgrantee or its implementing agency,
notwithstanding the date of order.
12. Performance. In the event of default, noncompliance, or violation of any provision of this agreement by the
subgrantee, the implementing agency, the subgrantee's consultant(s) or contractor(s) and supplier(s), the
subgrantee agrees that the Department will impose sanctions. Such sanctions include withholding of payments,
cancellation, termination, or suspension of the agreement in whole or in part. In such an event, the Department
shall notify the subgrantee and its implementing agency of such decision 30 days in advance of the effective date
of such sanction. The sanctions imposed by the Department will be based upon the severity of the violation, the
ability to remedy, and the effect on the project. The subgrantee shall be paid only for those services satisfactorily
performed prior to the effective date of such sanction.
13. Access to Records and Monitoring. The Department, NHTSA, Federal Highway Administration (FHWA),
and the Comptroller and Auditor General of the State of Florida, or any of their duly authorized representatives,
shall have access for the purpose of audit and examination of books, documents, papers, and records of the
subgrantee and its implementing agency, and to relevant books and records of the subgrantee, its implementing
agency, and its consultants and contractors under this agreement, as provided under Applicable Federal Law.
In addition to review of audits conducted in accordance with OMB Circular A-133, as revised, hereby incorporated
by reference, monitoring procedures will include, on-site visits by Department staff, limited scope audits as
defined by OMB Circular A-133, as revised, and status checks of subgrant activity via telephone calls from Safety
Office staff to subgrantees. By entering into this agreement, the subgrantee and its implementing agency agree
to comply and cooperate with monitoring procedures. In the event that a limited scope audit of the subgrantee or
its implementing agency is performed, the subgrantee agrees to bring the project into compliance with the
subgrant agreement. The subgrantee further agrees to comply and cooperate with any inspections, reviews,
investigations, or audits deemed necessary by the Comptroller or Auditor General.
The Department shall unilaterally cancel this subgrant if the subgrantee or its implementing agency refuses to
allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119,
F.S., and made or received by the subgrantee or its implementing agency in conjunction with the subgrant.
12
500-065-01
SAFETY
06/03
14. Audit. This part is applicable if the subgrantee is a State or local government or a non-profit organization as
defined in OMB Circular A-133, as revised.
In the event that the subgrantee expends $300,000 or more in Federal awards in its fiscal year, the subgrantee
must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133,
as revised. Page 1 of this agreement indicates the source of Federal funds awarded through the Florida
Department of Transportation by this agreement. In determining the Federal awards expended in its fiscal year,
the subgrantee shall consider all sources of Federal awards, including Federal funds received from the
Department of Transportation. The determination of amounts of Federal awards expended should be in
accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the subgrantee
conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the
requirements of this part.
In connection with the audit requirements addressed above, the subgrantee shall fulfill the requirements relative to
auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised.
If the subgrantee expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the
subgrantee expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted
in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from
non-Federal funds.
Copies of audit reports for audits conducted in accordance with OMB Circular A-133, as revised, and required by
this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on
behalf of the subgrantee directly to each of the following:
(a) Florida Department of Transportation
605 Suwannee Street, MS-17
Tallahassee, FL 32399-0450
(b) Federal Audit Clearinghouse
Bureau of the Census
1201 East 10 Street
Jeffersonville, IN 47132
(c) Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB
Cimular A-133, as revised.
15. Retention of Records. The subgrantee shall retain sufficient records demonstrating its compliance with the
terms of this agreement for a period of three years from the date the audit report is issued, and shall allow the
Department or its designee access to such records upon request.
Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or
the dispute is resolved. Records shall also be maintained and accessible in accordance with 49 CFR, Section
18.42 or 49 CFR, Section 19.53.
16. Procedures for Reimbursement. All requests for reimbursement of subgrant costs must be submitted on
forms provided by the Department (FDOT Form Numbers 500-065-04 through 07). Appropriate documentation
supportive of the reported costs must accompany each claim.
The subgrantee or its implementing agency shall submit financial reimbursement forms to the Safety Office at
least once each quarter as costs are incurred and payment is made. The only exception is when no costs are
incurred during a quarter. Reimbursement for subgrants with personnel costs shall be made after every two pay
pedods if paid bi-weekly. Personnel costs reimbursement shall be requested monthly if payroll is on a monthly
basis. Failure to submit reimbursement requests in a timely manner shall result in the subgrant being terminated.
13
500-065-01
SAFETY
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All requests for reimbursement of Operating Capital Outlay items having a unit cost of $5,000 or more and a
useful life of one year or more shall be accompanied by a Non-Expendable Property Accountability Record
(FDOT Form No. 500-085-09). Payment of the Operating Capital Outlay costs shall not be made before receipt of
this form.
A final financial request for reimbursement shall be postmarked no later than October 31 following the end of the
subgrant period. Such request shall be distinctly identified as Final. Failure to submit the invoice in a timely
manner shall result in denial of payment. The subgrantee agrees to forfeit reimbursement of any amount incurred
if the final request is not postmarked by October 31 following the end of the subgrant period.
The Safety Office has a 30-day review process of financial reimbursement requests from the date of receipt.
Reimbursement requests will be returned if not completed properly.
17. Ownership of Data and Creative Material. The ownership of material, discoveries, inventions and results
developed, produced, or discovered by the agreement are governed by the terms of 49 CFR, Section 18.34, 49
CFR, Section 19.36, or OMB Circular A-110, hereby incorporated by reference.
In addition to the provisions for 49 CFR, Part 18 and 49 CFR, Part 19, the State Safety Office reserves a
royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others
to use:
(a) The copyright in any work developed under a subgrant or contract under a subgrant; and
(b) Any rights of copyright to which a subgrantee or a contractor purchases ownership with subgrant
support.
18. Property Accountability. The subgrantee or its implementing agency shall establish and administer a
system to control, protect, preserve, use, and maintain and dispose of any property furnished by the Department,
or purchased pursuant to this agreement in accordance with Federal Property Management Standards as set forth
in 49 CFR, Section 18.32, 49 CFR 19, Section 19.34, or OMB Circular A-110, incorporated herein by reference.
This obligation continues as long as the property is retained by the subgrantee or its implementing agency,
notwithstanding the expiration of this agreement.
19. Disputes. Any dispute, disagreement, or question of fact arising under the agreement shall be decided by the
State Safety Office in writing and shall be distributed to parties concerned. A written appeal may be made within
30 calendar days to the Governor's Highway Safety Representative at the Florida Department of Transportation,
605 Suwannee Street, MS 57, Tallahassee, Florida 32399-0450, whose decision is final. The subgrantee and its
implementing agency shall proceed diligently with the performance of the agreement and in accordance with
Department's decision.
20. Conferences, Inspection of Work. Conferences may be held at the request of any party to this agreement.
Representatives of the Department or the U.S. Department of Transportation (USDOT), or both, shall be
privileged to visit the site for the purpose of inspection and assessment of work being performed at any time.
21. Publication and Printing of Observational Surveys and Other Reports.
(a) Before publication or printing, the final draft of any report or reports required under the agreement or
pertaining to the agreement shall be submitted to the State Safety Office for review and concurrence.
(b) Each publication or other printed report covered by Paragraph 21.a. above shall include the following
statement on the cover page:
(1) This report was prepared for the State Safety Office, Department of Transportation, State of Florida,
in cooperation with the National Highway Traffic Safety Administration, U.S. Department of
Transportation and/or Federal Highway Administration, U.S. Department of Transportation.
(2) The conclusions and opinions expressed in these reports are those of the subgrantee and do not
necessarily represent those of the State of Florida, Department of Transportation, State Safety
Office, the U.S. Department of Transportation, or any other agency of the State or Federal
Government.
14
500-065-01
SAFETY
06103
22. Equal Employment Opportunity. No person shall, on the grounds of race, color, religion, sex, handicap, or
national origin, be excluded from participation in, be refused the benefits of, or be otherwise subjected to
discrimination under this subgrant, or any project, program, or activity that receives or benefits from this subgrant
award. The subgrantee and its implementing agency agree to comply with Executive Order (E.O.) 11246, as
amended by E.O. 11375, and as supplemented by 41 CFR, Part 60, incorporated herein by reference.
23. Responsibility for Claims and Liability. Subject to the limitations of Section 768.28, Florida Statutes, the
subgrantee and its implementing agency shall be required to defend, hold harmless and indemnify the
Department, NHTSA, FHWA, and USDOT, from all claims and liability, or both, due to negligence, recklessness,
or intentional wrongful misconduct of subgrantee, implementing agency, and its contractor, consultant, agents and
employees. The subgrantee and its implementing agency shall be liable for any loss of, or damage to, any
material purchased or developed under this subgrant agreement which is caused by the subgrantee's or its
implementing agency's failure to exercise such care in regard to said material as a reasonable careful owner of
similar materials would exercise.
The parties executing this agreement specifically agree that no provision in this agreement is intended to create in
the public or any member thereof, a third party beneficiary, or to authorize anyone not a party to this agreement to
maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this agreement.
24. Disadvantaged Business Enterprises (DBE).
(a) The subgrantee and its implementing agency agree to the following assurance:
The subgrantee and its implementing agency shall not discriminate on the basis of race, color, national
origin, or sex in the award and performance of any USDOT-assisted contract or in the administration of its
DBE program required by 49 CFR, Part 26, incorporated herein by reference. The subgrantee shall take
all necessary and reasonable steps under 49 CFR, Part 26 to ensure nondiscrimination in the award and
administration of USDOT-assisted contracts. Implementation of this program is a legal obligation and
failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the
subgrantee 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 subgrantee and its implementing agency agree to include the following assurance in each contract
with a consultant or contractor and to require the consultant or contractor to include this assurance in all
subcontract agreements:
The consultant or contractor and subconsultant or subcontractor shall not discriminate on the basis of
race, color, national origin, or sex in the performance of this contract. The consultant or contractor shall
carry out applicable requirements of 49 CFR, Part 26 in the award and administration of USDOT-assisted
contracts. Failure by the consultant or contractor to carry out these requirements is a material breach of
this contract, which may result in the termination of this contract or such other remedy, as the subgrantee,
its implementing agency, or the Department deems appropriate.
25. Restrictions on Lobbying. The subgrantee and its implementing agency agree to comply and require
consultants and contractors to comply with 49 CFR, Part 20, New Restrictions on Lobbying, herein incorporated
by reference, for filing of certification and disclosure forms.
No funds granted hereunder shall be used for the purpose of lobbying the legislature, the judicial branch, or state
agencies. Section 216.347, Florida Statutes.
26. How Agreement is Affected by Provisions Being Held Invalid. If any provision of this agreement is held
invalid, the remainder of this agreement shall not be affected. In such an instance the remainder would then
continue to conform to the terms and requirements of applicable law.
15
500-065-01
SAFETY
O6/03
27. Federal Requirement for Public Service Announcements. All public service announcements produced
with Federal Highway Safety funds shall be closed captioned for the hearing impaired.
28. Public Awareness Materials and Promotional Items. All public awareness materials and promotional items
reimbursed with subgrant funds shall contain a traffic safety message. Where feasible, either the Florida
Department of Transportation logo or the words "Funding provided by the Florida Department of Transportation."
shall appear on all items.
The name of the subgrantee or implementing agency and its logo can appear on printed materials and
promotional items. The names of individuals connected with the subgrantee shall not appear on printed materials
and promotional items paid for with Federal highway safety funds.
Before printing public awareness materials or ordering promotional items, a final draft or drawing of the items shall
be submitted to the State Safety Office for review. The Office shall provide written approval for reimbursement if
the items are appropriate for purchase under this agreement. Copies of all public awareness materials purchased
with Federal highway safety funds shall be attached to the forms requesting reimbursement for the items.
29. Term of Agreement. Each subgrant shall begin on the date of the last party to sign the agreement and shall
end on September 30, following, unless otherwise stipulated by the State Safety Office on the first page of the
respective agreement. The subgrant pedod shall not exceed 12 months.
30. Clean Air Act and Federal Water Pollution Control Act. For subgrant awards in excess of $100,000 the
subgrantee and its implementing agency agree to comply with all applicable standards, orders, or regulations
issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.), herein incorporated by reference. The subgrantee shall include this provision in all
subcontract awards in excess of $100,000.
31. Personnel Hired Under Agreement. The head of any implementing agency receiving first year funding for a
new position(s) through a subgrant shall provide written notification within 30 days of the agreement being
awarded to the State Safety Office that a new position(s) has been created in the agency as a result of the
subgrant being awarded.
Any and all employees of the subgrantee or implementing agency whose positions are funded, in whole or in part
through a subgrant, shall be the employee of the subgrantee or implementing agency only, and any and all claims
that may arise from said employment relationship shall be the sole obligation and responsibility of the subgrantee
or its implementing agency.
32. Repossession of Equipment. Ownership of all equipment purchased with Federal highway safety funds
rests with the subgrantee and its implementing agency; however, the USDOT maintains an interest in the
equipment for three fiscal years following the end of the subgrant period. Any equipment purchased with Federal
highway safety funds that is not being used by the subgrantee or its implementing agency for the purposes
described in the subgrant shall be repossessed by the 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
subgrant.
33. Replacement or Repair of Equipment. The subgrantee and its implementing agency are responsible, at
their own cost, for replacing or repairing any equipment purchased with Federal highway safety funds that is
damaged, stolen, or lost, or that wears out as a result of use. Federal regulations prohibit funding equipment
replacement.
16
500-065-01
SAFETY
06/03
34. Ineligibility for Future Funding, The subgrantee and its implementing agency agree that the Department
shall find the subgrantee or its implementing agency ineligible for future funding for any of the following reasons:
(a) Failure to provide the required audits,
(b) Failure to continue funding positions created with highway safety funds after the Federal funding cycle
ends,
(c) Failure to provide required quarterly and final reports in the required time frame,
(d) Failure to perform work described in Part II of the subgrant agreement,
(e) Providing fraudulent quarterly reports or reimbursement requests,
(f) Misuse of equipment purchased with Federal highway safety funds.
35. Safety Belt Policy. Each subgrantee and implementing agency shall have a written safety belt policy, which
is enforced for all employees. A copy of the policy shall be submitted with the subgrant application.
36. Safety Belt Enforcement. All law enforcement agencies receiving subgrant funds shall have a standard
operating procedure regarding enforcement of safety belt and child safety seat violations. A copy of the
procedure shall be attached to the subgrant application.
Law enforcement agencies receiving subgrant funds shall participate in the safety belt enforcement waves
conducted in Florida and shall report their participation on the appropriate form by the deadline. Failure to'
participate shall result in the subgrant being terminated.
37. Certification for Equipment Costing More than $500 per Item. The head of any implementing agency
purchasing equipment costing more than $500 per item shall send a letter to the Safety Office upon award of the
subgrant certifying that none of the items being purchased with federal highway safety funds is replacing
previously purchased equipment, whether the equipment was purchased with federal, state, or local funds.
38. Checkpoint Reporting. Any law enforcement agency that conducts DUI checkpoints shall attach a copy of
the After Action Report for each checkpoint operation conducted during a quarter to its Quarterly Progress
Report of Performance Indicators.
39.Child Safety Seats. Any implementing agency that receives funds to purchase child safety seats must have
at least one staff member certified by the American Automobile Association (AAA) as a Certified Child Passenger
Safety Technician. Failure to comply with this provision shall result in the termination of this agreement.
40. Special Conditions.
17
PROJECT NUMBER:
500--065~1
SAFETY
06/03
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 DOT Use Only)
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By:
Title:
Date:
Attest:
FEDERAL FUNDS ALLOCATED
Reviewed for the Department of Transportation:
By:
Attorney- DOT
Date:
SUBGRANTEE
City of Boynton Beach
By:
Name of Applicant Agency Typed
/'~r:r~i~u~eof ~A~;~:;'zod-Reproson~ivo
Gerald Broening
Authorized Representative's Name Typed
Title: Mayor
Date: /'~) --,,.,~0 -0 ~
Signature of Administrator
Marshall B. Gage
Administrator's Name Typed
Title: Chief of Police
NOTE: No whiteout or erasures accepted on this signature page.
18
CITY ATTORNEy
PROJECT NUMBER:
5(X)-065-01
SAFETY
06/O3
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 DOT Use Only)
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By:
Title:
Date:
Attest:
FEDERAL FUNDS ALLOCATED
Reviewed for the Department of Transportation:
By:
Attorney- DOT
Date:
SUBGRANTEE
City of Boynton Beach
By:
Name of Applicant Agency Typed
~i~nature °f Authorized Representative
Gerald Broening
Authorized Representative's Name Typed
Title: Mayor
Date:
Marshall B. Gage
Administrator's Name Typed
Title: Chief of Police
NOTE: No whiteout or erasures accepted on this signature page.
18
APPROVED A~ TO FORM~
CITY ATTORN~!
500-065-01
SAFETY
06/03
,F, the parties affirm that they have each read and agree to the conditions set forth in Part V of
have read and understand the Agreement in its entirety. Now, therefore, in consideration of
promises and representations herein have executed this Agreement by their undersigned officials
and year set out below.
By:
Title:
Date:
Attest:
~se Only)
,.)F FLORIDA
RTMENT OF TRANSPORTATION
FEDERALFUNDS ALLOCATED
Reviewed for the Department of Transportation:
Attorney- DOT
By:
NOTE: No whiteout or erasure=
Date:
SUBGRANTEE
By:
City of Boynton Beach
Name of Applicant Agency Typed
Signature of Authorized Representative
Gerald Broening
Authorized Representative's Name Typed
Title: Mayor
Date:
Attest:
ADMINISTRATOR OF IMPLEMENTI~
Signature of Administrator
Marshall B. Gage
Administrator's Name Typed
Title: Chief of Police
accepted on this signature page.
18
- CITY ATTORNEY