R01-258RESOLUTION NO. R 01-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
ACCEPT AND EXECUTE THE FLORIDA DEPARTMENT
OF TRANSPORTATION HIGHWAY SAFETY PLAN
GRANT, IN THE AMOUNT OF $29,342.00, PROVIDING
FOR A DUI ENFORCEMENT OFFICER POSITION; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach Police Departmeqt applied for and
has been awarded 'a continued grant from the Department qf Transportation
Highway .Safety Plan in the amount of $29,342, which will provide for 50 percent of
personnel serVices for the positi°n of Boynton Beach DUI Enforcement Officer, and;
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 Boyntc~n Beach hereby
authorizes and directs the Mayor and City Clerk to accept and execute the grant in
the amount of. $29,342 from the Florida Department of Transportation Highway
Safety Plan. A copy of the agreement is attached hereto as Exhibit "A."
Section 2.
passage.
This Resolution shall become effective immediately upon
PASSED AND ADOPTED this IQ day of September, 2001.
CITY O~ BOYN/TO~ BE~CH, FLORIDA
er
920
STAT~ OF FLORIDA DEPARTMENT Of TP. AN SPO RTATIO N
SUBGRANT-APPLICATION FOR HIGHWAY SAFETY FUNDS
OGC - 07/0
~rD.O.T Use Only
roject Number:
Federal Funds Allocated:
Subgrant Period:
DOT Contralct Number:
Date Approved:
Date Revised:
Subgrant History: (t)
(2)
(3)
Part I: GENERAL ADMINISTRATIVE INFORMATION
(See instructions for Highway Safety Subgrant Applications)
Project Tit[e: City of Boynton Beach - DUI Enforcement Specialist
Type of Application: O Initial
3. Requested Subgrant Period: 10/1/2001
Continuation
to 9/30/2002
Support
Sought: $29,342
Applicant Agency (Subgrantee):
'~City of Boynton Beach
Vlayor Broening
100 E. Boynton Beach Blvd.
~---3oynton Beach, FI. 33435
I'elephone:
(561) 742-6000
7, Federal ID Number:
596000282005
9. Chief Financial Officer:
Diane Reese
City of Boynton Beach
~ 100 E. Boynton Beach Blvd.
~ Boynton Beach, FI. 33435
Matching
Share:
Total
$29,042 Budget: $58,384
6. Implementing Agency:
City of Boynton Beach Police Department
Marshall B. Gage, Chief of Poi ce
100 E. Boynton Beach Blvd.
Boynton Beach, FI. 33435
Telephone:
(561] 742-6100
8. State SAMAS Number (State Agencies)
10. Project Director:
Lt. Leonard
Boynton Beach Police Department
100 E. Boynton Beach Blvd.
Boynton Beach, Ft. 33435
telephone Number:
--ax Number:
:'-Mail Address:
(561) 742-6000
(561) 742-6316
Telephone Number:
Fax Number:
E-Mail Address:
(561) 742-6100
(561) 742-6185
Ibgrant funds provided by the U.S. Department of Transportation, National Highway Traffic ~afety Administration
j~atalog of Federal Domestic Assistance Number - 20.600, State and Community Highway~ Safety Program, through
the Florida Department of Transportation.
1
Part I1: PROJECT PLAN AND SUPPORTING DATA
d¢~'"ate clearly and in detail the aims of the project, precisely what will oe done, who will be involved, and what is expected
result. Use the following major headings:
1. Statement of the Problem
2. Proposed Solution
3. Objectives
4. Evaluation
5. Milestones (Use form provided)
tart below and use additional pages as necessary.
The City of Boynton Beach is located in the southern portion of Palm Beach County along state Road 9 (I-95).
The c[t~; has an estimated. population of over 50,000 people in a county of over one million people. At this time
Mth 136 plus sworn officers serving the city, we find ourselves in a continuous state of greth ~and expansion.
With growth and change comes the everlasting need for specialty units as DUI Enforcement.
While currently bein~ participants in the State of Florida's Department of Transportation Project Number
.18-01-06-29-01 we find that we are always in need of funding to help us maintain sut~press on of DUI-related crashes
;in the City of Boynton Beach. (Refer to cfiart below for DUl-~elated crashes.) With the increase in the number of DUI
~related crashes, we have found that our need to continue to educate our officers and maintain upgraded and operating
~equipment is confinu0usly on the rise.
ALCOHOL RELATED CRASHES
~ategory/Year 1997 1998 1999 2000 TOTAL
- DUI Crashes 93 61 56 44 254
Proposed Solution
The City of Boynton Beach Police Department created a one-man DUI unit to combat the alcohol related crash problem
that has been identified in the city. The officer received special training in the detection of and apprehension of impaired
drivers, and was furnished with a car radar, laser and in-car video unit. The officer is assigned to work primarily during
the evening shift. The patrol areas are identified by area of high alcohol related crash occurrence. The officer made a
total of 108 DUI arrests dudng the 2000 grant period in these areas. Additiona ly, the officer, Officer Perry, was
recognizes by MADD at an award ceremony in Tallahassee on March 26, 2001 for her contribution in removing over
100 drunk drivers from the Florida's roadways.
The department plans to conduct public awareness programs to make the citizens of Boynton Beach more aware of the
DUI problem in the city. Presentations will be made to businesses and civic groups, student assemblies and retirees.
The officer on the DUI Unit may be assigned to participate in planned public awareness activities.
The Boynton Beach Police Department will conduct DUI Checkpoint in November, January, April July and September.
The officer will also participate in DUI Wolf Pack~ ~nd DUI Checkpoints hosted by agencies throughout Palm Beach
County.
..~bjectives
1. To arrest at least 100 impared drivers in 2002.
2. To conduct at least 5 public awareness programs.
3. To reduce the number of alcohol-related crashes recorded in Boynton Beach by 25% during 2001-2002.
SAFETY
OGC-0710
Evaluation
The Boynton Beach Police Department will evaluate the overall success of the project based on a comparison of
alcohol-related Crash data reported by the Department of Highway Safety and Motor Vehicles. Location data will be
~sed to evaluate the project effectiveness.
Milestones
Timetable for Mil,
4th Quarter
Implement increased DUI Enforcement
3,onduct Checkpoints
Send Officer to DUI training
Conduct public awareness activities
4
Part II1: PROJECT DETAIL BUDGET
~ject Title: City of Boynton Beach - DUI Enforcement Specialist
3ject Number: Contract Number:
BUDGET CATEGORY TOTAL I FEDERAL
NON-FEDERAL
I
FUNDING
STATE LOCAL
A. Personnel Services
Salary for one officer $ 43,004 $ 21,502 $ 21,502
Benefits for one officer $15,080 $ 7,540 $ 7,540
Sub-total $ 58,084 $ 29,042 $ 29,042
B. Contractual Services
Sub-total
Expenses
ravel to DUI Symposium $ 300 $ 300
Sub-total $ 300 $ 300
D. Operating Capital Outlay
Sub-total
E. Indirect Cost
Sub-total
'[-i-~otal $ 58,384 $ 29,342 $ 29,042
Cost
of
Project
5
Budget Modification NUmber:
Effective Date:
roject Title:
BUDGET NARRATIVE
City of Boynton Beach - DUI Enforcement Specialist
.roject Number:
Contract Number:
The following is a narrative description of the project budget by line item by category, detailir~g the item and
anticipated
cost. Each category must be sufficiently defined to show cost relationship to project objectives./ Attach additional sheets
as needed.
Personnel Services $29.042
Cost to be reimbursed in this catagory include 50% of the base salary and benefits for one officer along w~th 100 hours
of court overtime.
Benefits include -etirement, FICA, dental,health and life nsurance, and worker's compensation.
:.xpenses
Cost to be reimbursed with Federal funds in this catagory include travel to a DUI related class.
$ 3OO
Budget Modification NUmber:
Effective Date:
Part IV: REPORTS
latterly Progress Report Narrative for the
Pr~oject Title: City of Boynton Beach - DUI Enforcement Specialist
Project Number:
Implementing Agency: City of Boynton Beach Police Deoartment
Project Director: Lt. Leonard
Describe the subgran[ activities that took place during the quarter. Attach newspaper clippinge, 0ress releases, photos
and other items'that document activities. Use additional sheets, if necessary. The Quarterly -f~rogress 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.
7
QUARTERLY PROGRESS REPORT OF PERFORMANCE INDICATORS oec-07~
for the quarter.
-oject Title: City of Boynton Beach - DUI Enforcement Specialist
· ~- ¢oject Number:
Implementing Agency: City of Boynton Beach Police Department
Project Dfrector: Lt. Leonard
Milestones Acomplished
Performance
Indicators Quarter Quarter Quarter Quarter
Ending Ending Six-Month Ending' Ending Project
December 31 March 31 Totals June 3p September 30 Totals
I
r
Final Narrative Report
~ject Title:
City of Boynton Beach - DUI Enforcement Specialist
Project Number:
Im ~lementing Agency: City of Boynton Beach Police Deeartment
Project Director: Lt. Leonard
The following is a chronoiogmal narrative history of the above listed project in accordance witrh Part V' Acceptance and
Agreement, Conditions of A~Ireement, 1, Reports. Th~s report is an accura[e accounting of the project performance and
accomplishments. Attach additional sheets as neeeed.
9
500-065-01
SAFetY
Part V: Acceptance And Agreement 37/01
Conditions of Agreement, Upon approval of this Subgrant Application for Highway Safety Funds. the following
terms and conditions shall become binding. Noncompliance may result in loss of, or delays in, reimbursement of
COSTS.
1, Reports. The imalementing agency shall submit the Quarterly Progress Report Narrative and Quarterly
Progress Report of Performance Indicators forms to the State Safety Office by January 31, ApHI 30, July 31,
and October 31 if there was subgrant activity during the quarter prior to the deadline. The implementing agency
shall submit a Final Narrative Report, giving a chronolo;,cai history of the subgrant activities, problems
encountered, and major accomplishments by October 31. unless the State Safety Office extends the subgrant
period due to [ate award of the suogrant. Requests for reimbursement may be returned to the subgrantee or
implementing agency unpaid if the required reoorts are past due,
2. Responsibility of Subgrantee. The subgrantee and its implementing agency sha~l 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 provis~ons of the
Project Detail Budget as approved by the State Safety Office All expenditures and cost accounting of funds
shall cenform to 49 CFR. Part 1 @, Uniform Administrative Requirements for Grants and Cooperative
Agreementsto State and Local Goyernments: 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 Caoperative Agreements with State and Local
Governments; OMB Circular A-110,.Uniform Administrative Requirements for Grants and Agreements with
Institutions ef Higher Education, Hpspitals, and: Other Non-Profit Organizations: OM B Circular A-21, Cost
Principles for Educ-~tional Institutions: OMB Circular A-87. Cost Principles for State, Local~ and Indian
Tribal Government; and/or OMB Circular A-122, Cost Principles for Non-Profit Organizations, as applicable
(hereinafter referred to as Applicable Federal Law),
The subgrantee and the implementing agency, by entering into this agreement, certify' that they meet and shall
comply with the federal statutes, executive orders, and implementing regulations applicable to this subgran[.
3. Compliance with Chapter 287, Florida Statutes. The subgrantee and implementing agency agree to comply
with ail 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)(b), 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
cnme may not submit a bid on a contract to provide any goods or services to a oublic entity, may not submit a
bid on a contract with a public entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to a public entity, may not be awarded or ~erform 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 from 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 net submit a bid on a contract
to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for
the construction or repair of a public building or public work. may not submit bids on leases of rea[ 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 ~hall review and approve in
writing all consultant and contractor agreements prior to the actual employment of the consultant'br the contractor
by the subgrantee or implementing agency. Approval of the subgrant does not consti:ute approval ora consultant
or contractor agreement.
10
5. Allowable Costs· The allowability of costs incurred under any subgrant shall be determined in accordance
with the generel principles of allowability one standards for selected cost items set forth in the applicable Federal
Law and state law. to be eligible far reimbursement. All funds no[ spent in accordance with the applicable Federal
Law will be subject to repayment Dy the subgran[ee.
6. Travel. Travel costs for approved travel shall be reimbumed in accordance with regulations applicable to the
implementing agency and the State af Flodda. Department of Transportation's (Department's] Disbursement
Operations Manual. Chapter 3 Travel, but not in excess of 3rovisions in Section 112.061, Florida Statutes. All
travel for out-of-state or out-of-gram-specified work area shall require written approval of the State Safety Office
prior to the commencement of actual travel 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 reimbu~ed.
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. For example:
(a) Changes in project activities, objectives, milestones, or performance indicators set forth in the approved
application.
(b) Changes in budget items and amounts set forth in the approved application.
8. Reimbursement Obligation. The State of Florida's performance and obligation to reimburse 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), the subgrentee shall not be reimbursed
for the cost of goods or services received from contractors, consultants, vendors, or inUividuals 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(gl 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 stepst, 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 subgran~ee agrees that if the
statement is not received in 60 days, the State Safety Office may cancel the project arid reobligate the funds to
other program areas. The State Safety Office, where warranted by excusable delay, may extend the
implementation date of the project past the 60-day period, but only by formal written approval from the State
Safety Office.
10. Excusable Delays.
(a) Except with respect to the defaults af 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 adses out
of causes beyond the corttro and w thout the fau t or nag igence of the subgrantee or its imp ement ng agency
Such causes may mctude, but are not restncted to, acts of God or of the public enemy, acts of the Government
in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight
embargoes, and unusually severe weather, but in 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 adses out of causes beyond the control of the subgrantee, its implementing ~gency 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 fumished by the consultant or contractor were obtainable from
other sources, {2) the State Safety Office shall have ordered the subgrantee or its ir~plementing agency in
writing to procure such supplies or services from other sources and (3) the subgrentee or its implementing
agency shall have failed to comply reasonably with such order.
11
500-065-01
SAFETY
(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 oerform was occasioned by
any one or more of the said causes, the delivery schedule shall be rewsed accordingly.
11. Obligation of Subgrant Funds, Subgrant fund~ may not be obligated l: 'ior to the effective date or
subsequent to the termination date af the subgrant period. Only project costs incurred on or after the effective
date and on or prior to the termination date of the subgran[ application are eligible for reimbursement. A cost is
incurred when [he suograntee's employee, its implementing agency, or approved contractor or consultant
aerforms the service required or when goods are received by the subgrantee or its implementing agency,
~otwithstanding the date of order.
12. Perforraance. 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 contrastor(s) and supplier(s), the
subgranteeragrees that the Department may impose such sanctions, as the Department deems appropriate.
Such sanctions include withholding of payments, cancellation, termination, or suspension of the agreement in
whole or in pad:. in such an event, the Depar[ment shall notify thesubgrantee and its implementing agency of
such decision 30 days in advance of the effective date of such sanction. The subgran~:ee shall be paid only for
'13. Access to Records and Monitoring. The Department. NHTSA, Federa~ 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 r~vised, monitoring
procedures may include, but not be limited to, on-site visits by Department staff, limited scooe audits as defined
by OMB Circular A-133, as revised~ and other procedures. By entering into this agreement, the subgrantee and
its implementing agency agree to comply and cooperate with any monitoring procedures deemed appropriate by
the Department. In the event the Department determines that a limited scope audit of" the subgrantee or its
implementing agenCy is appropriate, they agree to comply with any additional instruction provided by the
Department. 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 subgrantes or its implementing agency refuses to
atlow public access to all documents, papers, letters, or other matedal subject to the previsions of Chapter 119.
F.S., and made or received ay the subgrantee or its implementing agency in conjunction with the subgrant.
~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.
n the event that the subgrantee expends $300,000 or more in Federal awards in its fiscal year. the subgran[ee
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 Flodda
Department of Transportation by this agreement. ~n determining the Federal awards e~xpended in its fiscal year,
the subgrantee shall consider all sources of Federa! awards, including Federal funds r~eceived 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.
12
500-06501
If the subgrantee exeends [ess than g300.000 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. [n the event that the
subgrantee expends less than $300,000 in Federal awards in its fiscal year and elects ro nave 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 revfsed, and required by
this agreement shall be submittec, 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:
la) Florida Department of Transportation
605 Suwannee Street, MS-17
Tallahassee, FL 32399-0450
lb) Federal Audit CieadBghouse
Bureau of the Census
1201 East 10 Street
Jeffersonville, IN 47132
lc) Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB
Circular 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· The subgrantee shall ensure that audit working
papers are made available to the Department or its designee upon request for a period of three years from the
date the audit report is issued, unless extended in writing by the Department.
Records related to unresolved audit findings, appeals, or litigation shall be retained un~il the action is completed or
the dispute is resolved. Records shall also be maintained and accessible in accordance with 49 CFR. Section
18.42 or49 CFR, Section 19.53.
16. Procedures for Reimbursement, All requests for reimbursement of subgrant costs must be submitted on
forms provided by the Department IFDOT 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 should be made after every two pay
periods. Failure to submit reimbursement requests in a timely manner may result in the subgrant being
terminated.
All requests for reimbursement of Operating Capital Outlay items having a unit cost of $5,000 or more and a
useful life of one year or more shall be accompanied by a Non-Expendable Property Accountability Record
(FDOT Form No. 500-065-09). Payment of the Operating Capital Outlay costs shall n~t be made before receipt of
this form.
A final financial request for reimbursement shall be submitted to the State Safety Office within 30 days after the
of the subgrant period. Such request shall be distinctly identified as Final. Failule to submit the invoice in a
end
timely manner may result in denial of payment. The subgrantee agrees to forfeit reimbursement-- of any amount
incurred if the final request is not received within 30 days of the end of the subgrant period.
17. Ownership of Data and Creative Material. The ownership of materiel, 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.
13
500-065-01
SAFETY
07/01
In addition to the 2rovisions for49 CFR. Part 18 and 49 CFR. Part 19. the State Safety Office reserves a
royalty-frae, nonexclusive, and irrevocable license to reproouce, oublish or otherwise use, and to authorize others
to use:
(a) The copyright in any work developed under a subgrant or contract under a suDgrant: and
(b) Any dghts of copyright to which a subgramee 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, protec[, 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. This ol~ligation 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 ritual.' 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 ce 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 ano concurrence.
(b) Each publication or other printed repor~ covered by Paragraph 21.a. above sllall 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.~. Department of
Transportation and/or Federal Highway Administration, U.S. Department of Transportation.
(2) The conclusions and opinions expressed in these reports are those of the subgrantee and do not
necessarily represent those of the State of Florida, Department of Transportation, State Safety
Office. the U.S. Department of Transportation, or any other agency of the State or Federal
Government.
22. Equal Employment Opportunity. No person shall, on the ;~rounds 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 orbenefits 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,
23. Responsibility for Claims and Liability. Subject to the limitations of Section 7611.28, Florida Statutes, the
subgrantee and its implementing agency shall be required to defend, hold harmless a ~d indemnify the
Department, NHTSA, FHWA. and USDOT, from all claims and liability, or both, due t¢ negligence, recklessness.
or intentional wrongful misconduct of subgrantee, implementing agency, and its contr, ~ctor, consultant, agents and
employees. The subgrantee and its implementing agency shall be liable for any loss )f, or damage to, any
material purchasec or developed under this subgrant agreement which is caused by i ~e subgrantee's or its
~mplementing agency's failure to exercise such care in regard to said material as a reasonable careful owner of
similar materials would exercise.
14
The parties executing this agreement specifically agree ti~at no provision in this agreement is intended to create 'n
the public or any member thereof, a third party beneficiary, or to authorize anyone no~ a par~ 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 subgrentee and its implementing agency agree to the following assurance:
The subgrantee and its implementing agency shall not discriminate on the basis of race, color, qational
origin, or sex in the award and performance of any USDOT-assisted contract or in the administration of its
DBE program or the requirements of 49 CFR, Part 26. The subgrantee shall take all necessary and
reasonable steps under 49 CFR, Part 26 to ensuCe nondiscrimination in the award and administration of
USDOT-assistad contracts. The subgrantee's DBE program, as required by 4~9 CFR, Part 26 and as
approved by USDOT, is incorporated by reference in this agreement. 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, ~n appropriate cases, refer the matter for enforoemem
under 18 U.S.C. 1001 and/or the Program Fraud CiviJ Remedies Act of 1986 (;~1 U.S.C. 3801 et seq.).
(bl 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, nationat 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 approeriate.
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, 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.
27. Federal Requirement for Public Service Announcements. Ali public service announcements produced
with Federal Highway Safety funds shall be closed captioned for the hearing impairedp
28. Public Awareness Materials and Promotiona~ Items, The name of the subgrer~tee 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 withFederal highway safety
funds. Before printing public awareness materiaIs or ordering promotional items, a tidal draft or drawing of the
items shall be submitted to the State Safety Office for review. The Office shall provide wdtten approval for
reimbursement if the items are appropriate for purchase under this agreement. Copi(~s 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 slain the agreement and shall
end on September 30, fo/lowing, unless otherwise stipulated by the State Safety office on the first page of the
respective agreement. The subgrant period shall not exceed 12 months.
15
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 seqd and the Federal Water Pollution Control AcT (33
U.S.C. 1251 et seq.). The subgrantee shall include this provision in aJJ 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 wdtten notification within 30 days of the agreement being
awarded tothe State Safety Office that a new position(s) has been created in the agency as a result of the
subgrant being awardec
Any and all empleyees of the subgrantee or implementing agency whose positions are funded, in whole or in par~
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 ralationship shall be the sole obligation and responsibility of the subgramee
or its implementing agency,
32. Repossession of Equipm ant. Ownership of all equipment purchased with Federal highway safety funds
rests with the subgrantee and its implementing, agency however the USDOT ma nra ns an nterest n the
equipment for three fiscal years following the end of the subgrant period. The State ~afety Office, on behalf of the
USDOT, may repossess any equipment purchased with Federal highway safety fund~ that is not being used by
the subgrantee or its implementing agency for the pureoses described in the subgrant.J 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 a~ency are responsible, au
Iheir own cost, for replacing or repairing any equipment purchased with Federat highway safety funds that is
damaged, stolen, or lost, or that wears out as a result of use. Federal regulations prohibit funding equipment
replacement,
34. Ineligibility for Future Funding. The subgrantee and its implementing agency a~lree that the Department
may 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 reouired 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 attached to 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.
3,7, Certification for Equipment Costing More than $500 per Item. The head of ar
purchasing equipment costing more than $500 per item shall send a letter to the Safe
subgrant certifying that none of the items being purchased with federal highway safet
prewously purchased equipment, whether the equipment was purchased with federal
38, Checkpoint Reporting. Any law enforcement agency that conducts DUI check
the After Action Report for each checkpoint operation conducted during a quarter to il
of Performance Indicators. This requirement applies to all law enforcement agencies
area for which they are being funded,
16
y implementing agency
ly Office upon award of the
f funds is replacing
state, or local funds.
}ints shall attach a copy of
~ Quarterly Progress Report
regardless of the program
39.Child Safety Seats. Any implementing agency that receives funds to 2urchase child safety seats must have
at least one staff member certified by the American Automobile Association (AAA) as a Certified Child Passenger
Safety Technician within 90 days of the effective date of the subgrant. Failure to comply with this provision shall
result in the termination of this agreemen[.
40. Special Conditions.
17
PROJECT NUMBER:
J WITNESS WHEREOF, the parties affirm that they have each reaa and agree to the conditions set forth in Part V of
is Agreement, that each have read and understand the Agreement in its entirety. Now, therefore, in consideration of
ffie mutual covenants, promises and representations herein have executed this Agreement by' their undersigned officials
on the day, month, and year set out below. ~PPRdFn ..,,"~n
DOT Use O~ly). SUBGRANTEE ---- - ,/'~/~ /
(For
STATE OF FLORIDA ~'C~'TY Al~n~t
DEPARTMENT OF TRANSPORTATION City of Boynton Beach
By:
Title:
Date:
Attest:
FEDERAL FUNDS ALLOCATED
Reviewed for the Department of Transportation:
By:
Attorney- ~)OT
Name of Applicant 4gency Typed
By: .- -- ~.
R
' d epesentative
Gerald Broening
Authorized Representative's Name Typed
Title: Mayor
Date:
~ ~' S~gnat ~
ADMINISTRATOR OF IMPLEMENTING AGENCY
By:~~
S~naturo o~ A~ministmtor
Mamhall B. Gage
Administmtor's Name Typed
Title: Chief of Police
Date:
..:g oR o42.
..'. /
e of Witness
NOTE: No whiteout or erasures accepted on this signature page.
18
PROJECTNUMBER:
~ 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 Agreemen~t 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:
SUBGRANTEE
City of Boynton Beach
Name of Applicant Agency Typed
By:
Signature of Authorized Representative
Gerald Broening
Authorized Representative's Name Typed
Title: Mayor
Date:
Attest:
Signature of Witness
FUNDS ALLOCATED
Reviewed [=or the Department of Transportation:
ADMINISTRATOR OF IMPLEMENTING AGENCY
Signature of Administrator
By:
Attorney - D~ T
Marshall B. Gage
Administrator's Name Typed
Date:
Title: Chief of Police
NOTE: No whiteout or erasures accepted on this signature page.
18
PROJECTNUMBER:
SAFETY
OGC - 07/0
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:
By:
Date:
FEDERAL FUNDS ALLOCATED
Reviewed for the Department of Transportation:
Attorney - DOT
SUBGRANTEE
City of Boynton Beach
Name of Applicant Agency Typed
By:
Signature of Aut~horized Representative
Gerald Broening
Authorized Representative's Name Typed
Title: Mayor
Date:
Attest:
Signature of Witness
ADMINISTRATOR OF IMPLEMENTING AGENCY
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
Florida Department of Transportation
JEB BUSH 605 Suwannee Street THOMAS F. BARRY, JR.
GOVERNOR Tallahassee, Florida 32399 -0450 SECRETARY
October 29, 2001
Mayor Gerald Broenmg
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, Florida 33435
RE: Boynton Beach DUI Enforcement Specialist
Project No.: J8- 02 -06 -02
D.O.T. Contract No.: AL076
Dear Mayor Broenmg:
Your application to the Florida Department of Transportation for highway safety funds has been approved. We are pleased
to make this award in the amount of $29,405 to your agency for the purpose of partially funding a DUI enforcement
position. A copy of the approved project agreement with the referenced project number and title is enclosed for your file.
All correspondence with the Department should always refer to the project number and title.
Your attention is directed to Part V of the subgrant entitled "Acceptance and Agreement ". These conditions should be
reviewed carefully by those persons responsible for project administration to avoid delays in project completion and cost
reimbursements. The effective date of the agreement is October 29, 2001 and only those costs incurred on or after that
date and before October 1, 2002 are eligible for reimbursement.
The National Highway Traffic Safety Administration recently informed the Department that new CFDA numbers have
been assigned for some of the highway safety funds that Florida received. The CFDA number for this subgrant is 20.601.
We look forward to working with you on this project. If you have any questions or need assistance, please contact Roger
Doherty at (850) 488 -5455, who will be coordinating this activity.
Sincerely,
George E. Rice, Jr.
State Safety Engmeer
GER: njl
Enclosures
cc: Chief Marshall B. Gage
Lt. Leonard
Diane Reese
John Fain
Virginia Waldron
Troy Ayers
www.dot.state.fi.us r N RECYCLED PAPER
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATIO, 500-065-01
SUBGRANT APPLICATION FOR HIGHWAY SAFETY FUNDS SAFETY
OGC . 07/0
For D.O.T. Use Only
Project Number: J8 - 02 - - DOT Contract Number: AL076
Federal Funds Allocated: $29,405.00 Date Approved: 10/29/01
Subgrant Period: October 29, 2001 to September 30, 2002 Date Revised:
Subgrant History: (1) J8- 01- 06 -29 -01 (2) J8- 00- 06 -29 -01 (3)
Part I: GENERAL ADMINISTRATIVE INFORMATION
(See Instructions for Highway Safety Subgrant Applications)
1. Project Title: City of Boynton Beach - DUI Enforcement Specialist
2. Type of Application: 0 Initial 0 Continuation
3. Requested Subgrant Period: 10/1/2001 to 9/30/2002
4. Support Matching Total
Sought: $29,405 Share: $29,042 Budget: $58,447
5. Applicant Agency (Subgrantee): 6. Implementing Agency:
City of Boynton Beach City of Boynton Beach Police Department
Mayor Broening Marshall B. Gage, Chief of Police
100 E. Boynton Beach Blvd. 100 E. Boynton Beach Blvd.
Boynton Beach, FI. 33435 Boynton Beach, Fl. 33435
Telephone: (561) 742 -6000 Telephone: (561) 742 -6100
7. Federal ID Number: 8. State SAMAS Number (State Agencies)
596000282005
9. Chief Financial Officer: 10. Project Director:
Diane Reese Lt. Leonard
City of Boynton Beach Boynton Beach Police Department
100 E. Boynton Beach Blvd. 100 E. Boynton Beach Blvd.
Boynton Beach, FI. 33435 Boynton Beach, FI. 33435
Telephone Number: (561) 742 -6000 Telephone Number: (561) 742 -6100
Fax Number: (561) 742 -6316 Fax Number: (561) 742 -6185
E -Mail Address: munrom @ci.boynton - beach.fl.us E -Mail Address: munrom @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 - 20.601, State and Community Highway Safety Program, through
the Florida Department of Transportation.
1
500-065-01
Part I1: PROJECT PLAN AND SUPPORTING DATA SAFETY
OGC - 0710
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.
The City of Boynton Beach is located in the southern portion of Palm Beach County along State Road 9 (1 -95).
The city has an estimated population of over 50,000 people in a county of over one million people. At this time
with 136 plus sworn officers serving the city, we find ourselves in a continuous state of groth and expansion.
With growth and change comes the everlasting need for specialty units as DUI Enforcement.
While currently being participants in the State of Florida's Department of Transportation Project Number
J8- 01- 06- 29 -01, we find that we are always in need of funding to help us maintain suppression of DUI - related crashes
in the City of Boynton Beach. (Refer to chart below for DUI - related crashes.) With the increase in the number of DUI
related crashes, we have found that our need to continue to educate our officers and maintain upgraded and operating
equipment is continuously on the rise.
ALCOHOL RELATED CRASHES
Category/Year 1997 1998 1999 2000 TOTAL
# DUI Crashes 93 61 56 44 254
Proposed Solution
The City of Boynton Beach Police Department created a one -man DUI unit to combat the alcohol related crash problem
that has been identified in the city. The officer received special training in the detection of and apprehension of impaired
drivers, and was furnished with a car radar, laser and in-car video unit. The officer is assigned to work primarily during
the evening shift. The patrol areas are identified by area of high alcohol related crash occurrence. The officer made a
total of 108 DUI arrests during the 2000 grant period in these areas. Additionally, the officer, Officer Perry, was
recognizes by MADD at an award ceremony in Tallahassee on March 26, 2001 for her contribution in removing over
100 drunk drivers from the Florida's roadways.
The department plans to conduct public awareness programs to make the citizens of Boynton Beach more aware of the
DUI problem in the city. Presentations will be made to businesses and civic groups, student assemblies and retirees.
The officer on the DUI Unit may be assigned to participate in planned public awareness activities.
The Boynton Beach Police Department will conduct DUI Checkpoint in November, January, April, July and September.
The officer will also participate in DUI Wolf Packs and DUI Checkpoints hosted by agencies throughout Palm Beach
County.
2
500- 065-01
SAFETY
OGC - 07/0
Objectives
1. To arrest at least 100 impared drivers in 2002.
2. To conduct at least 5 public awareness programs.
3. To reduce the number of alcohol - related crashes recorded in Boynton Beach by 25% during 2001 -2002.
Evaluation
The Boynton Beach Police Department will evaluate the overall success of the project based on a comparison of
alcohol - related crash data reported by the Department of Highway Safety and Motor Vehicles. Location data will be
used to evaluate the project effectiveness.
3
500- 065-01
SAFETY
OGC•07,0
Timetable for Milestones
Milestones 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter
OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP
Implement increased DUI Enforcement X X X X X X X X X X X X
Conduct Checkpoints X X X X X
Send Officer to DUI training X X
Conduct public awareness activities X X X X X
X
4
500 - 065-01
Part III: PROJECT DETAIL BUDGET SAFETY
OGC - 07/0
Project Title: City of Boynton Beach - DUI Enforcement Specialist
Project Number: J8- 02 -06 -02 Contract Number: AL076
BUDGET CATEGORY TOTAL FEDERAL NON - FEDERAL
FUNDING
STATE LOCAL
A. Personnel Services
Salary for one officer $ 43,004 $ 21,502 $ 21,502
Benefits for one officer $ 15,080 $ 7,540 $ 7,540
Sub -total $ 58,084 $ 29,042 $ 29,042
B. Contractual Services
Sub -total
C. Expenses
Travel to DUI Symposium $ 363 $ 363
Sub -total $ 363 $ 363
D. Operating Capital Outlay
Sub -total
E. Indirect Cost
Sub -total
Total Cost of Project $ 58,447 $ 29,405 $ 29,042
Budget Modification Number:
5 Effective Date:
500-065-01
BUDGET NARRATIVE SAFETY
OGC - 07/0
Project Title: City of Boynton Beach - DUI Enforcement Specialist
Project Number: J8 - 02 - - Contract Number: AL076
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.
Personnel Services $29,042
Cost to be reimbursed in this catagory include 50% of the base salary and benefits for one officer along with 100 hours
of court overtime.
Benefits include retirement, FICA, dental,health and life insurance, and worker's compensation.
Expenses $ 363
Cost to be reimbursed with Federal funds in this category include travel to a DUI related class.
Budget Modification Number:
6 Effective Date:
500 - 065-01
Part IV: REPORTS SAFETY
ow-ono
Quarterly Progress Report Narrative for the quarter.
Project Title: City of Boynton Beach - DUI Enforcement Specialist
Project Number: J8 - 02 - -
Implementing Agency: City of Boynton Beach Police Department
Project Director: Lt. Leonard
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.
7
500 -065 -01
SAFETY
QUARTERLY PROGRESS REPORT OF PERFORMANCE INDICATORS oGc -07/01
for the quarter.
Project Title: City of Boynton Beach - DUI Enforcement Specialist
Project Number. J8 - 02 - -
Implementing Agency: City of Boynton Beach Police Department
Project Director: Lt. Leonard
Milestones Acomplished
Performance
Indicators Quarter Quarter Quarter Quarter
Ending Ending Six -Month Ending Ending Project
December 31 March 31 Totals June 30 September 30 Totals
Number of DUI arrests made by the
officer hired under this agreement
Number of hazardous moving violations
issued by the officer hired under this
agreement
Number of DUI awareness events conducted
by the Boynton Beach Police Department
Number of DUI - related training programs
attended by the officer •
Number of DUI checkpoints hosted by
the Boynton Beach Police Department
Number of safety belt violations issued
by the Boynton Beach Police Department
Number of child seat violations issued
by the Boynton Beach Police Department
8
500 -065-01
Final Narrative Report SAFETY
OGC - 07/0
Project Title: City of Boynton Beach - DUI Enforcement Specialist
Project Number: J8 - 02 - -
Implementing Agency: City of Boynton Beach Police Department
Project Director: Lt. Leonard
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 07/01
Conditions of Agreement. Upon approval of this Subgrant Application for Highway Safety Funds, the following
terms and conditions shall become binding. Noncompliance may result in loss of, or delays in, reimbursement of
costs.
1. Reports. The implementing agency shall submit the Quarterly Progress Report Narrative and Quarterly
Progress Report of Performance Indicators forms to the State Safety Office by January 31, April 30, July 31,
and October 31 if there was subgrant activity during the quarter prior to the deadline. 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, unless the State Safety Office extends the subgrant
period due to late award of the subgrant. Requests for reimbursement,may be retumed to the subgrantee or
implementing agency unpaid if the required reports are past due.
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 CircularA -21, Cost
Principles for Educational Institutions; OMB Circular A -87, Cost Principles for State, Local, and Indian
Tribal Government; and /or OMB Circular A -122, Cost Principles for Non - Profit Organizations, as applicable
(hereinafter referred to as Applicable Federal Law).
The subgrantee and the implementing agency, by entering into this agreement, certify that they meet and shall
comply with the federal statutes, executive orders, and implementing regulations applicable to this subgrant.
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)(b), 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 on a contract to provide any goods or services to a public entity, may not submit a
bid on a contract with a public entity for the construction or repair of a public building or public work, may not
submit bids 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 from 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 on a contract
to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for
the construction or repair of a public building or public work, may not submit bids 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
500-065-01
SAFETY
07/01
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 with regulations applicable to the
implementing agency and the State of Florida, Department of Transportation's (Department's) Disbursement
Operations Manual, Chapter 3 Travel, but not in excess of provisions in Section 112.061, Florida Statutes. All
travel for out -of -state or out -of- grant - specified work area shall require written approval of the State Safety Office
prior to the commencement of actual travel. 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.
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. For example:
(a) Changes in project activities, objectives, milestones, or performance indicators set forth in the approved
application.
(b) Changes in budget items and amounts set forth in the approved application.
8. Reimbursement Obligation. The State of Florida's performance and obligation to reimburse 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), 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
statement is not received in 60 days, the State Safety Office may cancel the project and reobligate the funds to
other program areas. The State Safety Office, where warranted by excusable delay, may extend the
implementation date of the project past the 60 -day period, but only by formal written approval from the State
Safety Office.
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 may include, but are not restricted to, acts of God or of the public enemy, acts of the Government
in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight
embargoes, and unusually severe weather, but in 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.
11
500-065-01
SAFETY
07/01
(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 period. Only project costs incurred on or after the effective
date and on or prior to the termination date of the subgrant application are eligible for reimbursement. A cost is
incurred when 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 may impose such sanctions, as the Department deems appropriate.
Such sanctions include withholding of payments, cancellation, termination, or suspension of the agreement in
whole or in part. In such an event, the Department shall notify the subgrantee and its implementing agency of
such decision 30 days in advance of the effective date of such sanction. The subgrantee shall be paid only for
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, monitoring
procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined
by OMB Circular A -133, as revised, and other procedures. By entering into this agreement, the subgrantee and
its implementing agency agree to comply and cooperate with any monitoring procedures deemed appropriate by
the Department. In the event the Department determines that a limited scope audit of the subgrantee or its
implementing agency is appropriate, they agree to comply with any additional instruction provided by the
Department. 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.
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.
12
500 -065-01
SAFETY
07/01
If the subgrantee expends Tess 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 Tess 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
Circular 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. The subgrantee shall ensure that audit working
papers are made available to the Department or its designee upon request for a period of three years from the
date the audit report is issued, unless extended in writing by the Department.
Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or
the dispute is resolved. Records shall also be maintained and accessible in accordance with 49 CFR, Section
18.42 or 49 CFR, Section 19.53.
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 should be made after every two pay
periods. Failure to submit reimbursement requests in a timely manner may result in the subgrant being
terminated.
All requests for reimbursement of Operating Capital Outlay items having a unit cost of $5,000 or more and a
useful life of one year or more shall be accompanied by a Non - Expendable Property Accountability Record
(FDOT Form No. 500 - 065 -09). Payment of the Operating Capital Outlay costs shall not be made before receipt of
this form.
A final financial request for reimbursement shall be submitted to the State Safety Office within 30 days after the
end of the subgrant period. Such request shall be distinctly identified as Final. Failure to submit the invoice in a
timely manner may result in denial of payment. The subgrantee agrees to forfeit reimbursement of any amount
incurred if the final request is not received within 30 days of the end of the subgrant period.
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.
13
500-065-01
SAFETY
07/01
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. 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.
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.
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 Toss 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.
14
500 - 065-01
SAFETY
07/01
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 or the requirements of 49 CFR, Part 26. 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. The subgrantee's DBE program, as required by 49 CFR, Part 26 and as
approved by USDOT, is incorporated by reference in this agreement. 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.).
(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, 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.
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. 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 period shall not exceed 12 months.
15
500 - 065 -01
SAFETY
07 /01
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.). 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. The State Safety Office, on behalf of the
USDOT, may repossess 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. 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.
34. Ineligibility for Future Funding. The subgrantee and its implementing agency agree that the Department
may 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 attached to 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.
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. This requirement applies to all law enforcement agencies, regardless of the program
area for which they are being funded.
16
500- 065.01
SAFETY
OGC - 07101
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 within 90 days of the effective date of the subgrant. Failure to comply with this provision shall
result in the termination of this agreement.
40. Special Conditions.
17
500-065-01
J 02 -06 -02 SAFETY
PROJECT NUMBER: OGC -07/0
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) SUBGRANTEE
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION City of Boynton Beach
Name of Applicant Agency Typed
VZe", By: i` I
v Signature of Authorized Representative
Title: State Safety Engineer
Gerald Broening
Authorized Representative's Name Typed
Date: l Q ? /d/
Title: Mayor
1
• . szi �`11U1111111/�111
' �` ''
Date* ��'` BO VA, �. r r �i� � R - a � -a r
� O O •r
0 0 M
A�'est: �: i :' ' �'.
PrLow
FEDERAL FUNDS ALLOCATED '�,� ....... kenature of Witness
i • I D A
l /111 11I1III111 01
$29,405.00 ADMINISTRATOR OF IMPLEMENTING AGENCY
By:
Reviewed for the Department of Transportation: Signature of Administrator
By: �� ,.
Marshall B. Gage
orne DOT Administrator's Name Typed
Date: /0-21— 0 / Title: Chief of Police
NOTE: No whiteout or erasures accepted on this signature page.
18
CITY OF BOYNTON BEACH
RISK MANAGEMENT
STANDARD OPERATING GUIDELINE
SUBJECT: Seatbelt Use
PURPOSE:
To promote seatbelt use by all employees at all times, monitor the usage, and provide
guidance for disciplinary actions.
PROCEDURE:
1. Safety belts will be worn at all times by all drivers.*
2. All Department Heads, Supervisors and Managers will monitor their employees
operating City vehicles, or personal vehicles used for City business. Employees
that do not adhere to this requirement will be subject to the following progressive
discipline: .
First Offense - Written Reprimand
Second Offense - Suspension determined by Supervisor
Third Offense - Grounds for Termination.
3. Employees that are involved in a motor vehicle accident and file a Workers'
Compensation claim, will have a 25% decrease in wage replacement benefits if it
is determined they were not wearing their seatbelt at the time of the accident.
(Note: This does= affect the medical payments.)
4. The only exception is a person who is certified by a physician as having a medical
condition that causes the use of a safety belt to be inappropriate or dangerous.
(Florida Statute 316.614, 6a)
EFFECTIVE DATE: March 19, 1999
•
I�i ,►Tf! Al
Wil -7 awkins
Int a City Manager
*CITY SAFETY MANUAL, Driving Rules and Regulations
BOYNTON BEACH POLICE Dr '.TMENT
PATROL OPERATIONS
STANDARD OPERATING PROCEDURE
No. 01 -01
UNIFORMED SERVICES DIVISION
EFFECTIVE DATE:
Contents: 9. Development of relationships between citizens
and the department in the spirit of community policing;
I. Policy and
U. Patrol Function 10. Reporting of information to appropriate
III. Performance Objectives organizational components.
IV. Shift Assignment
V. Vehicle Operation
VI. Special Purpose Vehicles III. PERFORMANCE OBJECTIVES
VII. Incident Response In the interest of the safety and rights of the citizenry,
VIII. Incident Reporting officers will adopt the following general performance
IX. Canine Teams objectives as a guide:
X. Special Events
XI. Traffic Enforcement 1. To reduce personal injury and property
XII. CFLEA References damage accidents through the use of directed patrol and
XIII. Proponent Unit aggressive traffic law enforcement.
XIV. Cancellation
2. To reduce the overall crime rate by increasing
the efficiency in preventive patrol, investigative efforts,
I. POLICY and reporting.
The Boynton Beach Police Department provides 24- 3. To reduce crime and disorder by improving
hour, seven days a week law enforcement response to the quality of life in the community. Officers will be
emergency and routine calls for service within its concerned with citizens' problems and concerns and
service area. This service is provided by the Uniformed will perceive the community as a partner in promoting
Services Division assisted by the Support Services security
Division and the various staff components.
IV. SHIFT ASSIGNMENT
II. PATROL FUNCTION A. The patrol force is organized into four
The Uniformed Services Division is responsible for the platoons designated as "A" (Alpha) 1 and 2; Alpha 3
following major job tasks: and 4; "B" (Bravo) 1 and 2; and Bravo 3 and 4.
1. Preventive patrol with emphasis on the B. The Alpha platoons report for duty at 0430
prevention of crimes and accidents, maintenance of hours (Al and 3) and 0630 hours (A2 and 4) on days
public order, and the discovery of hazards and each platoon is assigned to work. The Bravo Platoons
delinquency - causing situations; report for duty at 1630 hours (B1 and 3) and 1130
2. Crime prevention activities; hours (B2 and 4) on days each platoon is assigned to
3. Response to calls for service; work.
4. Investigation of crimes and the arrest of
offenders; C. Rotation of days off and working days
S. Traffic direction and control; operates as follows: 2 on; 2 off; 3 on; 2 off; 2 on; 3 off.
6. Regulation of certain businesses or activities Additional days off for vacation, holiday, personal or
as required by law; compensatory days can only be taken with prior
7. Maintenance of public order; supervisory approval.
4. Provision of emergency services;
V. VEHICLE OPERATION
A. All personnel will properly position and
secure the seat belt prior to operating a departmental
Boynton Beach Police Department Written Directive 1
vehicle. Although L. departmental vehicle is C. ,Aeycles - Bicycles will be utilized for
equipped with a driver's side air bag, maximum community patrol and patrol of business areas at the
protection from driver collision can only be assured by direction of the Division Commander when enhanced
proper use of the three point seat belt. citizen contact is desired and manpower permits.
1. The shift commander may approve
B. Upon assuming control of a departmental the use of bicycles when manpower resources allow.
vehicle, officers will inspect the exterior and interior 2. Officers operating departmental
for damage. Any damage not previously noted will be bicycles will wear an ANSI approved bicycle helmet.
reported to a field supervisor for documentation and 3. The Uniformed Services Division
investigation. Administrative Lieutenant is responsible to insure that
departmental bicycles are maintained and repaired as
C. Any equipment assigned to remain with the necessary.
vehicle will be inspected and any deficiencies or
discrepancies reported to a field supervisor. D. SWAT Van - The SWAT Van is utilized to
transport men and equipment to the scene of hostage,
VI. SPECIAL PURPOSE VEHICLES sniper and barricade incidents.
A. Motorcycles - Departmental motorcycles will 1. The van will be operated only by
be utilized for traffic enforcement operations and those members of the SWAT team who are familiar
special details as approved by the Chief of Police. with the operation of the van.
1. Motorcycles are not to be operated in 2. The SWAT commander is
inclement weather. responsible to insure that the van is maintained and
2. Motorcycles will not be utilized for repaired as necessary.
vehicular pursuit. 3. Firearms and incendiary devices are
3. Only those personnel who have not to be stored on the van when not in use for
received training in the operation of the motorcycle, as operational purposes.
approved by the Chief of Police, and hold a valid
motorcycle certification from the DHSMV, may VII. INCIDENT RESPONSE
operate motorcycles. A. A single unit will be dispatched to handle
4. The Traffic Unit Sergeant is routine calls for service. However, the nature of some
responsible for insuring that all motorcycles are calls may require that additional units are dispatched
maintained and repaired as necessary. for purposes of safety as well as more effective
handling of a situation. Following are examples of
B. Boat - The departmental boat will be utilized situations requiring the response of more than one
to patrol the inland and coastal waters bordering the officer:
City of Boynton Beach. Marine Unit personnel will 1. Domestic violence calls;
perform marine assistance, surveillance and search and 2. Crimes in progress;
rescue operations at the direction of the Commander of 3. Premise history indicates that an
the Uniformed Services Division. arrest is likely or an officer might be assaulted;
1. The boat will be operated only by 4. The nature of the call indicates that
those personnel, approved by the Division Commander, more than one officer will be required to render the
who have completed a safe boating course and are necessary service or perform the required enforcement
familiar with the operation of the vessel. action.
2. Marine Unit personnel will insure
that the boat is maintained and repairs performed as B. Patrol supervisors should respond to those
necessary by vendors approved by the Chief of calls for service or crimes in progress when more than
Police. two units have been dispatched. Following is a listing
3. The Marine Unit may participate in of incidents that require the presence of a .patrol
joint law enforcement operations at the direction of the supervisor:
Chief of Police. 1. Homicide or serious assault where
4. Rescue and life saving equipment death may result;
will be maintained on the boat by Marine Unit 2. Sex offenses;
personnel. 3. Departmental accidents;
5. Boat operators and passengers will 4. Kidnapping and missing children
wear a personal floatation device, approved by the incidents;
Division Commander, while underway on the boat. 5. Child abuse incidents;
2 Boynton Beach Police Department Written Directive
6. Host._ , sniper and barricade Supervis... . will forward all completed and approved
incidents; reports to the Records Division for review and storage.
7. Natural disasters;
8. Explosive devices and bomb threats; IX. CANINE TEAMS
9. Major crashes; A. The K -9 Unit is a component of the
10. Service of search and seizure Uniformed Services Division and provides logistical
warrants; support at the direction of the shift commander or
11. Major fire scenes; higher authority.
12. Any reportable use of force or
discharge of a firearm by an officer. B. Canine teams are deployed for the purposes of
detection or security of personnel and facilities. The
This list is not intended to be all- inclusive. Patrol use of canine teams for crowd control or civil disorders
supervisors are responsible for the proper performance must be authorized by the Chief of Police.
of their subordinates and should respond to any
incident where supervisory guidance or intervention C. Normally, the K -9 Unit will provide the
may be necessary. following services:
C. Officers will be assigned to respond to each 1. Detect, locate and apprehend criminal
crime or incident reported to the police department. offenders who attempt to elude arrest;
When a responding officer determines that a higher 2. Establish and maintain perimeter
level of response to a call for service or report of a control at fire scenes, crime scenes and in other
crime is necessary, the officer will notify situations where a restricted area must be maintained;
communications that additional officers are required 3. Detect and locate controlled
and the dispatcher will promptly assign additional units dangerous substances by scent discrimination ; and
and a patrol supervisor as required. 4. Detect and locate explosives and
firearms by scent discrimination.
VIII. INCIDENT REPORTING
A. A written report should be generated for any X. SPECIAL EVENTS
incident where documentation or recordation of A. All special events will be coordinated through
information might prove beneficial to law enforcement the office of the Division Commander. An operational
of crime prevention operations. plan will be published in advance of the event and
include the following:
B. The following incidents require that a formal I . Designation of a detail commander
report be completed: and supervisory personnel responsible for coordination
1. All crimes of police coverage;
2. Motor vehicle crashes involving 2. Logistical requirements, if any;
death, injury or extensive property damage. 3. Provisions for coordination of
3. Racial, religious or ethnic incidents. coverage both within the agency and among other
4. Domestic violence incidents. municipal personnel and departments.
5. Any incident resulting in the arrest of 4. An indication of any traffic, crowd
any person. control or crime problems expected in connection with
6. Incidents involving the unattended the event.
death of any person.
B. The designated detail commander will submit
C. At the conclusion of any call for service or an "after action" report to the Division Commander
incident wherein an incident number has been assigned, immediately upon the conclusion of the detail. The
the officer will advise the communication dispatcher of "after action" report will include:
the proper four digit M.O. code which identifies the 1. An estimate of attendance;
type of call or incident. Officer will advise the 2. An accounting of any arrests made;
dispatcher when no reporting will be completed. 3. Any problems out of the ordinary
encountered by police personnel.
D. Sergeants will ensure that reports are
accurately and correctly completed and submitted prior XL TRAFFIC ENFORCEMENT
to the completion of the tour of duty during which the A. Traffic enforcement and crash investigation
incident occurred. Any delay in submission of required are the primary responsibilities of the Traffic Unit.
reporting must be authorized by a field sergeant. However, all personnel assigned to uniformed patrol
Boynton Beach Police Department Written Directive 3
will vigorously and imp. _.ally enforce all traffic laws
and assist in the handling and investigation of traffic
crashes when needed.
B. Enforcement of The Florida Sear Belt Law,
codified as Florida Statute 316.614 is enforceable as a
secondary violation only. However, through
enforcement of this statute and through public
awareness efforts by the department, the
encouragement of seat belt usage should be of high
importance to all personnel.
C. It is the legislative intent that all state, county
and local law enforcement agencies, in recognition of
the problems with child death and injury from
unrestrained occupancy in motor vehicles, conduct
continuous public awareness and safety campaigns to
encourage the use of child restrain devices as required
by Florida Statute 316.613. To this end, officers will
be alert to violations and take the appropriate
enforcement action in each instance.
XII. CFLEA REFERENCES: 17.01, 17.02,
17.04, 17.08, 17.10, 17.12.
XIII. PROPONENT UNIT: Uniformed Services
Division.
XIV. CANCELLATION: This is a new
directive.
Steve Graham, Major
Commander, Uniformed Services Division
4 Boynton Beach Police Department Written Directive