R21-1441 RESOLUTION NO. R21- \L�(A
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 AUTHORIZING THE CITY MANAGER OR POLICE CHIEF
5 MICHAEL GREGORY TO APPLY FOR, ACCEPT AND SIGN ALL
6 DOCUMENTS, INCLUDING GRANT AGREEMENT
7 ASSOCIATED WITH THE FLORIDA DEPARTMENT OF
8 TRANSPORTATION (FDOT) GRANT IN THE AMOUNT OF
9 $50,000.00 FOR THE BOYNTON BEACH SPEED AND
10 AGGRESSIVE DRIVING PRIORITY AREA; AND PROVIDING AN
11 EFFECTIVE DATE.
12
13
14 WHEREAS, the Florida Department of Transportation (FDOT) State Safety Office has
15 selected the City of Boynton Beach to receive $50,000.00 in sub -grant funding for the 2021-22
16 funding cycle under the speed and aggressive driving priority area; and
17 WHEREAS, the funding is allocated for traffic enforcement overtime and speed
18 measurement equipment; and
19 WHEREAS, upon recommendation of staff, the City Commission has determined that
20 it is in the best interests of the residents of the City to authorize the City Manager or Police
21 Chief Michael Gregory to sign all documents including the Grant Agreement, in a form
22 acceptable and.,approved by the City Attorney, associated with the Florida Department of
23 Transportation (FDOT) grant in the amount of $50,000.00 for the Boynton Beach speed and
24 aggressive driving priority area.
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
26 BOYNTON BEACH, FLORIDA, THAT:
27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
28 being true and correct and are hereby made a specific part of this Resolution upon adoption
29 hereof.
S:\CA\RESO\Agreements\Grants\FDOT Speed and Agressive Driving Grant (2021-22) - Reso.docx
30 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby
31 authorize the City Manager or Police Chief Michael Gregory to sign all documents associated
32 with acceptance and Grant Agreement, in a form acceptable and approved by the City Attorney,
33 for the Florida Department of Transportation (FDOT) grant in the amount of $50,000.00 for the
34 Boynton Beach Speed and Aggressive Driving program, a copy of which is attached hereto as
35 Exhibit "A".
36 Section 3. This Resolution shall become effective immediately upon passage.
37 PASSED AND ADOPTED this 2nd day of November, 2021.
38 CITY OF BOYNTON BEACH, FLORIDA
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ATTEST:
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stat Gibson, MMC
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City Clerk
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(Corporate Seal)
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YES NO
Mayor — Steven B. Grant
Vice Mayor — Woodrow L. Hay ✓
Commissioner — Justin Katz ✓
Commissioner — Christina L. Romelus ✓J
Commissioner — Ty Penserga
VOTE S-_0
S:\CA\RESO\Agreements\Grants\FDOT Speed and Agressive Driving Grant (2021-22) - Reso.docx
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)
SUBGRANT FOR HIGHWAY TRAFFIC SAFETY FUNDS
500-065-01
SAFETY
8/21
Project Number: SC -2022-00222
FDOT Contract Number: G2107
Federal Funds Awarded: $50,000
FDOT DUNS Number: 80-939-7102
Subgrant Award (Start) Date:
Subgrant End Date: 09/30/2022
Part I: GENERAL ADMINISTRATIVE INFORMATION
Project Title: Boynton Beach Speed and Aggressive Driving
Federal Funding: $50,000 Match: $
Total Cost: $50,000
1. Subrecipient Agency:
2. Implementing Agency:
Agency Name: City of Boynton Beach
Agency Name:
Boynton Beach Police Department
Address Line 1: PO Box 310
Address Line 1:
2100 High Ridge Road
Address Line 2:
Address Line 2:
City: Boynton Beach
City:
Boynton Beach
State: Florida
State:
Florida
Zip: 33425
Zip:
33426
3. Federal ID Number: 59-6000282
4. DUNS Number: 072247133
5. Chief Financial Officer:
6. Project Director:
Name: Mara Frederiksen
Name:
Jaclyn Smith
Address Line 1: PO Box 310
Address Line 1:
2100 High Ridge Road
Address Line 2:
Address Line 2:
City: Boynton Beach
City:
Boynton Beach
State: Florida
State:
Florida
Zip: 33425
Zip:
33426
Telephone No: (561) 742-6312 ext.
Telephone No:
(561) 742-6195 ext.
E -Mail Address: frederiksenm@bbfl.us
E -Mail Address:
smithja@bbfl.us
7. Financial Reimbursement Contact:
8. Project Activity Contact:
Name: Jaclyn Smith
Name:
Jaclyn Smith
Title: Grant Manager
Title:
Grant Manager
Telephone Number: (561) 742-6195 ext.
Telephone Number:
(561) 742-6195 ext.
E -Mail Address: smithja@bbfl.us
E -Mail Address:
smithja@bbfl.us
9. Payment Remittance Address:
Name: City of Boynton Beach
Address Line 1: PO Box 310
Address Line 2:
City: Boynton Beach
State: Florida
zip: 33425
Amendment Number: Original
SUB-2022-BoyntonBea-00222 Page 1 of 34
Project Title: Boynton Beach Speed and Aggressive Driving
Project Number: SC -2022-00222
FDOT Contract Number: G2107
Part If: PROJECT PLAN AND SUPPORTING DATA
State clearly and in detail the aims of the project, precisely what will be done, who will be involved, and what is
expected to result. Use the following major headings:
Statement of the Problem:
The City of Boynton Beach is located along the Atlantic Coast in the southern part of Palm Beach County. The
city has approximately 78,000 year-round residents. During the winter months, there is a sharp increase in
part-time residents and tourists. The city is approximately 16 square miles and lies between West Palm
Beach, 10 miles to the north, and the City of Miami, which is approximately 50 miles to the south. The City of
Boynton Beach has 9 major roadways, including Boynton Beach Boulevard (SR804), which is the main
roadway that has an exit/entrance to Interstate -95 (1-95) and Florida's Turnpike.
According to the Florida Department of Transportation (FDOT) fiscal year (FY) 2022 Highway Safety Matrix,
Palm Beach County ranked in the Top 25% at number 2 for priority area Speeding or Aggressive Driving for
serious injuries or fatalities during 2015-2019.
Although our enforcement efforts have helped, it is clear that continued education and enforcement of the
state's speed and aggressive driving laws are necessary to reduce the incidences of serious injuries and
fatalities on the county's roadways.
2. Proposed Solution:
The Boynton Beach Police Department believes that the success of any traffic safety program is not solely
hinged on either component of enforcement, education, or engineering. This program aims to reduce traffic
crashes, fatalities, and serious injuries that are speed and/or aggressive driving -related by the implementation
of the following components.
The Boynton Beach Police Department will review crash data weekly to determine high -frequency crash
serious injury and fatality locations throughout our jurisdiction. We will develop schedules for traffic personnel
to conduct "zero tolerance" overtime high visibility enforcement operations at the determined locations. The
project director will be responsible for ensuring that the data is reviewed each week, in order to review for any
possible changes in the list. Our agency will commit to locating and targeting 10 total locations for this
program. In addition, the project director will be responsible for distributing this top 10 list to all traffic personnel
so that they can concentrate on these specific areas, which will increase law enforcement presence. The
speed measurement devices purchased with subgrant funds will be utilized on the roadways that are
determined through data to have a high volume of speeding vehicles and crash history.
The Boynton Beach Police Department will also conduct education initiatives in local high schools, senior
centers, businesses, civic organizations, and public forums to raise awareness of speed -related issues. The
Police Department will determine through a review of our traffic crash data which population groups are involved
in a majority of the traffic crashes that occur within our jurisdiction. A special emphasis will be made to raise
traffic safety awareness with this population group by targeting an area to solicit traffic safety and guidance. In
order to facilitate the delivery of this traffic message, the Boynton Beach Police Department will partner with
local resources such as the Community Traffic Safety Team, Law Enforcement Liaison Program, neighboring
law enforcement agencies, and local media outlets. The Boynton Beach Police Department will also participate
in any statewide public awareness and enforcement campaigns sponsored by the Florida Department of
Transportation State Safety Office.
The Program Director will be responsible for the allocation of personnel to achieve the greatest impact on
speeding and aggressive driving. The Project Director will coordinate these enforcement and educational
Amendment Number: Original
SUB-2022-BoyntonBea-00222 Page 2 of 34
500-065-01
SAFETY
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Project Title: Boynton Beach Speed and Aggressive Driving
Project Number: SC -2022-00222
FDOT Contract Number: G2107
campaigns and ensure daytime/nighttime enforcement is alternated from week to week. This will prevent
motorists from predicting times and locations of enforcement activities to adjust their driving behaviors to only
those of known enforcement periods. Also, the Project Director will ensure that funds from this program are
used prudently and conservatively to ensure that the award will extend the entire subgrant cycle. Every officer
that performs under this subgrant will complete any mandated training and will complete the MOT State
Safety Office Daily Activity Log for each day of enforcement during the subgrant cycle. Those logs will be
submitted and maintained by the Project Coordinator, who will ensure that copies are attached to each
reimbursement invoice.
3. Project Objectives:
500-065-01
SAFETY
8/21
a. Start enforcement activities within 60 days of subgrant award, unless otherwise approved by the FDOT State Safety
Office.
b. Strive to decrease speed and/or aggressive driving crashes and fatalities countywide by 3% when compared to the
previous three-year average.
c. Conduct at least 1 speed and/or aggressive driving high visibility overtime enforcement operations per month.
d. Participate in the state Southern Shield campaign through speed and/or aggressive driving overtime enforcement
operations and educational/community activities.
e. Conduct and or participate in 4 educational/community outreach events to increase speed and/or aggressive driving
awareness during the project period.
f. Provide speed and/or aggressive driving information and education to the public through the use of message
boards/local media outlets/social media/press releases at least 4 times during the project period.
Evaluation:
a. Enforcement activity start date.
b. Speed and/or aggressive driving crashes and fatalities are reduced by 3% countywide, compared to the previous
three-year average.
c. The number of speed and/or aggressive driving high visibility overtime enforcement operations conducted per month.
d. The number of speed and/or aggressive driving overtime enforcement operations conducted, and
education/community activities conducted/participated in during the Southern Shield campaign.
e. The number of educational/community outreach events conducted or participated in to increase speed and/or
aggressive driving awareness during the project period.
f. The number of instances that speed and/or aggressive driving information and education is provided to the public
through the use of message boards/local media outlets/social media/press releases during the project period.
Amendment Number: Original
SUB-2022-BoyntonBea-00222 Page 3 of 34
Project Title: Boynton Beach Speed and Aggressive Driving
Project Number: SC -2022-00222
FDOT Contract Number: G2107
Part III: PROJECT DETAIL BUDGET
500-065-01
SAFETY
8121
Each budget category subtotal and individual line item costs listed below cannot be exceeded. The
MOT State Safety Office may approve shifts between budget categories and line items via an
amendment.
BUDGET CATEGORY
FEDERAL
FUNDS
MATCH
TOTAL
COST
INDIRECT
ELIGIBLE
A. Personnel Services
Overtime Salary Only
$40,000
$
$40,000
No
Overtime Salary for law enforcement officers.
Subtotal:
$40,000
$
$40,000
B. Contractual Services
Subtotal: $
$ $
C. Expenses - Any purchase with a per item unit cost of $200 or more from any line item within this Category,
excluding software, must have FDOT State Safety Office written approval, prior to purchase.
Speed Measurement Devices
$10,000
$
$10,000
No
Purchase of speed measurement devices for program
implementation.
Subtotal:
$10,000 $ 1
$10,000
D. Equipment Costin $5,000 or More
Subtotal:
$
$ 1 $
E. Indirect Cost
Subtotal:
$
$
Total Cost of Project:
$50,000
$
$50,000
Amendment Number: Original
SUB-2022-BoyntonBea-00222 Page 4 of 34
Project Title: Boynton Beach Speed and Aggressive Driving
Project Number: SC -2022-00222
FDOT Contract Number: G2107
PART IV: PERFORMANCE REPORT
500-065-01
SAFETY
6n1
Minimum Performance Standards
The following are the minimum performance standards required in this subgrant agreement. The status of these
standards will be reported using FDOT form number 500-065-19 Performance Report and shall be included with each
request for reimbursement.
1. Submit request(s) for financial reimbursement.
2. Provide performance report(s).
3. Collect and analyze crash data to determine focus areas for targeted speed and aggressive driving
enforcement.
4. Conduct speed and aggressive driving high visibility enforcement operations.
5. Conduct outreach/educational activities for speed and aggressive driving.
National Highway Traffic Safety Administration (NHTSA) Required Activity Reporting
The following statistics are required reporting for any traffic safety enforcement grant. (enforcement grants only)
1. Number of seat belt citations issued during subgrant-funded enforcement activities.
2. Number of impaired driving arrests made durinq subqrant-funded enforcement activities.
3. Number of speedinq citations issued during subgrant-funded enforcement activities.
Amendment Number: Original
SUB -2022 -Boynton Bea -00222 Page 5 of 34
Project Title: Boynton Beach Speed and Aggressive Driving
Project Number: SC -2022-00222
FDOT Contract Number: G2107
Part V: Acceptance and Agreement
Conditions of Subgrant Agreement. Upon approval of this subgrant agreement for highway safety funds, the following
terms and conditions shall become binding. The term "Subrecipient" referred to herein, will reference both the
Subrecipient and its Implementing Agency. This agreement is line item specific and an amendment to the subgrant
agreement is required for any reallocation of funds provided under this subgrant agreement.
FEDERAL REGULATIONS
1. Access to Public Records and Monitoring. The Florida Department of Transportation (FDOT), National Highway
Traffic Safety Administration (NHTSA), Federal Highway Administration (FHWA), Chief Financial Officer (CFO), and
Auditor General (AG) of the State of Florida, or any of their duly authorized representatives, shall have access for the
purpose of audit and examination of books, documents, papers, and records of the Subrecipient and to relevant books
and records of the Subrecipient which are not protected from disclosure by State or Federal law, and its consultants and
contractors under this subgrant agreement, as provided under applicable State or Federal law.
In addition to review of audits conducted in accordance with 2 CFR Part 200, herein incorporated by reference,
monitoring procedures will include on-site visits by Department staff, limited scope audits as defined by 2 CFR Part 200,
and status checks of subgrant activity via telephone calls from FDOT State Safety Office staff to Subrecipients . By
entering into this subgrant agreement, Subrecipients agree to comply and cooperate with monitoring procedures. In the
event that a limited scope audit of the Subrecipient is performed, the Subrecipient agrees to bring the project into
compliance with this subgrant agreement. The Subrecipient further agrees to comply and cooperate with any
inspections, reviews, investigations, or audits deemed necessary by the CFO or AG to the extent allowed by State or
Federal law.
2. Audit. The administration of resources awarded through the Department to the Subrecipient by this subgrant
agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the
authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or
limit the authority of any State agency inspector general, the State of Florida Auditor General or any other State official.
With the exception of documents protected by State law, the Subrecipient shall comply with all audit and audit reporting
requirements as specified below.
(a) In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F - Audit Requirements,
monitoring procedures may include but not be limited to on-site visits by Department staff and/or other
procedures including reviewing any required performance and financial reports, following up, ensuring corrective
action, and issuing management decisions on weaknesses found through audits when those findings pertain to
Federal awards provided through the Department by this subgrant agreement. By entering into this subgrant
agreement, the Subrecipient agrees to comply and cooperate fully with any monitoring procedures/processes
deemed appropriate by the Department. The Subrecipient further agrees to comply and cooperate with any
inspections, reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief
Financial Officer (CFO) or State of Florida Auditor General.
(b) The Subrecipient, a non -Federal entity as defined by 2 CFR Part 200, Subpart F - Audit Requirements, as a
subrecipient of a Federal award awarded by the Department through this subgrant agreement is subject to the
following requirements:
In the event the Subrecipient expends a total amount of Federal awards equal to or in excess of the
threshold established by 2 CFR Part 200, Subpart F - Audit Requirements, the Subrecipient must have
a Federal single or program -specific audit for such fiscal year conducted in accordance with the
provisions of 2 CFR Part 200, Subpart F - Audit Requirements. Part VI to this subgrant agreement
provides the required Federal award identification information needed by the Subrecipient to further
comply with the requirements of 2 CFR Part 200, Subpart F - Audit Requirements. In determining
Amendment Number: Original
SUB-2022-BoyntonBea-00222 Page 6 of 34
500-065-01
SAFETY
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Project Title: Boynton Beach Speed and Aggressive Driving
Project Number: SC -2022-00222
MOT Contract Number: G2107
Federal awards expended in a fiscal year, the Subrecipient must consider all sources of Federal awards
based on when the activity related to the Federal award occurs, including the Federal award provided
through the Department by this subgrant agreement. The determination of amounts of Federal awards
expended should be in accordance with the guidelines established by 2 CFR Part 200, Subpart F -
Audit Requirements. An audit conducted by the State of Florida Auditor General in accordance with the
provisions of 2 CFR Part 200, Subpart F - Audit Requirements, will meet the requirements of this part.
ii. In connection with the audit requirements, the Subrecipient shall fulfill the requirements relative to the
auditee responsibilities as provided in 2 CFR Part 200, Subpart F - Audit Requirements.
iii. In the event the Subrecipient expends less than the threshold established by 2 CFR Part 200, Subpart
F - Audit Requirements, in Federal awards, the Subrecipient is exempt from Federal audit requirements
for that fiscal year. However, the Subrecipient must provide a single audit exemption statement to the
Department at FDOTSingleAudit@dot.state.fl.us no later than nine months after the end of the
Subrecipient's audit period for each applicable audit year. In the event the Subrecipient expends less
than the threshold established by 2 CFR Part 200, Subpart F - Audit Requirements, in Federal awards
in a fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part
200, Subpart F - Audit Requirements, the cost of the audit must be paid from non -Federal resources
(i.e., the cost of such an audit must be paid from the Subrecipient's resources obtained from other than
Federal entities).
iv. Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F -
Audit Requirements, and required by this section, shall be submitted, when required by 2 CFR
§200.512, by or on behalf of the Subrecipient directly to the Federal Audit Clearinghouse (FAC) as
provided in 2 CFR §200.36 and §200.512. The FAC's website provides a data entry system and required
forms for submitting the single audit reporting package. Updates to the location of the FAC and data
entry system may be found at the OMB website. The FAC is the repository of record for audits required
by 2 CFR Part 200, Subpart F - Audit Requirements, and this Agreement. However, the Department
requires a copy of the audit reporting package also be submitted to FDOTSingleAudit@dot.state.fl.us
within the earlier of 30 calendar days after receipt of the auditor's report (s) or nine months after the end
of the audit period as required by 2 CFR Part 200, Subpart F - Audit Requirements.
Within six months of acceptance of the audit report by the FAC, the Department will review the
Subrecipient's audit reporting package, including corrective action plans and management letters, to
the extent necessary to determine whether timely and appropriate action on all deficiencies has been
taken pertaining to the Federal award provided through the Department by this subgrant agreement. If
the Subrecipient fails to have an audit conducted in accordance with 2 CFR Part 200, Subpart F - Audit
Requirements, the Department may impose additional conditions to remedy noncompliance. If the
Department determines that noncompliance cannot be remedied by imposing additional conditions, the
Department may take appropriate actions to enforce compliance, which actions may include but not be
limited to the following:
1. Temporarily withhold cash payments pending correction of the deficiency by the Subrecipient or
more severe enforcement action by the Department
2. Disallow (deny both use of funds and any applicable matching credit for) all or part of the cost of
the activity or action not in compliance
3. Wholly or partly suspend or terminate the Federal award
4. Initiate suspension or debarment proceedings as authorized under 2 CFR Part 180 and Federal
awarding agency regulations (or in the case of the Department, recommend such a proceeding
be initiated by the Federal awarding agency)
Amendment Number: Original
SUB-2022-BoyntonBea-00222 Page 7 of 34
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Project Title: Boynton Beach Speed and Aggressive Driving
Project Number: SC -2022-00222
FDOT Contract Number: G2107
5. Withhold further Federal awards for the Project or program
6. Take other remedies that may be legally available
vi. As a condition of receiving this Federal award, the Subrecipient shall permit the Department, or its
designee, the CFO or State of Florida Auditor General access to the Subrecipient's records including
financial statements, the independent auditor's working papers and project records as necessary.
Records related to unresolved audit findings, appeals or litigation shall be retained until the action is
complete or the dispute is resolved.
vii. Copies of financial reporting packages required by this section shall be submitted by or on behalf of the
Subrecipient directly to each of the following:
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0450
FDOTSingleAudit(o)dot.state.fl.us
The Auditor General's Office at the following address:
Auditor General
Local Government Audits/342
Claude Pepper Building, Room 401
111 West Madison Street
Tallahassee, Florida 32399-1450
The Auditor General's website (https://flauditor.gov/) provides instructions for filing an electronic copy of
a financial reporting package.
viii. Any reports or other information required to be submitted to the Department pursuant to this Agreement
shall be submitted timely in accordance with 2 CFR §200.512, section 215.97, Florida Statutes, and
Chapters 10.550 (local government entities) and 10.650 (nonprofit and for-profit organizations), Rules of
the Auditor General, as applicable.
ix. The Subrecipient, when submitted financial reporting packages to the Department for audits done in
accordance with 2 CFR Part 200, Subpart F - Audit Requirements, or Chapters 10.550 (local
government entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General,
should indicate the date that the reporting package was delivered to the Subrecipient in correspondence
accompanying the reporting package.
(c) The Subrecipient shall retain sufficient records demonstrating its compliance with the terms of the award and
this Agreement for a period of five years from the date the audit report is issued and shall allow the Department,
or its designee, the CFO or State of Florida Auditor General access to such records upon request. The
Subrecipient shall ensure that the audit working papers are made available to the Department, or its designee,
the CFO, or State of Florida Auditor General upon request for a period of five years from the date the audit report
is issued unless extended in writing by the Department. The Subrecipient shall further permit access to all
Project records by the Secretary and Inspector General of the United States Department of Transportation and
the Comptroller General of the United States, or their designees.
(d) The Subrecipient shall permit, and shall require its contractors to permit, the Department's and NHTSA's
authorized representatives to access the Project site; inspect all work, materials, payrolls, and records; and to
audit the books, records and accounts pertaining to the financing and development of the Project.
Amendment Number: Original
SUB-2022-BoyntonBea-00222 Page 8 of 34
500-065-01
SAFETY
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Project Title: Boynton Beach Speed and Aggressive Driving
Project Number: SC -2022-00222
FDOT Contract Number: G2107
3. Offsets. If, after subgrant completion, any claim is made by the Department resulting from an audit or for work or
services performed pursuant to this Agreement, the Department may offset the amount claimed from payments due for
work or services under any other agreement it has with the Subrecipient if, upon demand, payment of the claimed
amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be
considered a breach of contract by the Department.
4. Buy America Act. The Subrecipient agrees to comply and require consultants and contractors to comply with all
applicable standards, orders, and regulations issued pursuant to the Buy America Act, Buy America Act Waiver (Docket
No. NHTSA-2015-0065) and NHTSA Guidance Buy American Act Procedure for Highway Safety Grant Programs (revised
11-20-2015) herein incorporated by reference. The Subrecipient shall include the following Buy America provisions in all
subcontract awards:
The Buy America Act prohibits the use of Federal highway safety grant funds to purchase any manufactured product or
software/information technology systems whose unit purchase price is $5,000 or more, including motor vehicles, that is
not produced in the United States. NHTSA may waive those requirements if (1) their application would be inconsistent
with the public interest; (2) such materials and products are not produced in the United States in sufficient and
reasonably available quantities and of a satisfactory quality; or (3) the inclusion of domestic material will increase the
cost of the overall project contract by more than 25 percent.
Each manufactured end product must comply with the provisions of the Buy America Act. Additionally, any manufactured
add-on to an end product is, itself, an end product that must comply with the Act.
To be reimbursed with Federal highway safety grant funds for a purchase, a State must comply with the requirements of
the Buy America Act. Non-compliance will result in denial of reimbursement.
5. Clean Air Act and Federal Water Pollution Control Act. Subgrant agreements for amounts in excess of
$150,000 must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42
U.S.C. 7401-7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be
reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). The
Subrecipient shall include this provision in all subcontract awards in excess of $150,000.
6. Code of Conduct. The Subrecipient has established, and will maintain, a written code or standard of conduct
applicable to its officers, employees, board members or agents, and those individuals' relatives, that prohibits their
involvement in the selection, award, or administration of any contract in connection with the Project if they have a
present or potential financial or other significant interest therein and prohibits the acceptance of any gratuity, favor, or
other thing of monetary value from any person interested or involved in the performance of work on the Project.
7. Conferences and Inspection of Work. Conferences may be held at the request of any party to this subgrant
agreement. Representatives of the Department or the U.S. Department of Transportation (USDOT), or both, shall be
privileged to visit the site for the purpose of inspection and assessment of work being performed at any time.
8. Contract Work Hours and Safety Standards Act. Where applicable, all subcontracts under this subgrant
agreement in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for
compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under
40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on
the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that
the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in
excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and
provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are
unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or
articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
9. Debarment and Suspension. No subcontract issued under this subgrant agreement, will be made to parties
listed on the govemmentwide Excluded Parties List System in the System for Award Management (SAM), in
Amendment Number: Original
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Project Number: SC•2022-00222
FDOT Contract Number: G2107
accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p.
189) and 12689 (3 CFR Part 1989 Comp., p. 235), "Debarment and Suspension." The Excluded Parties List System in
SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties
declared ineligible under statutory or regulatory authority other than Executive Order 12549.
10. Disadvantaged Business Enterprises (DBE).
(a) The Subrecipient agrees to the following assurance:
The Subrecipient shall not discriminate on the basis of race, color, national origin, or sex in the award and
performance of any USDOT-assisted contract or in the administration of its DBE program required by 49 CFR,
Part 26, herein incorporated by reference. The Subrecipient shall take all necessary and reasonable steps under
49 CFR, Part 26 to ensure nondiscrimination in the award and administration of USDOT-assisted contracts.
Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a
violation of this subgrant agreement. Upon notification to the Subrecipient of its failure to carry out its approved
program, the USDOT may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer
the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31
U.S.C. 3801 et seq.), herein incorporated by reference.
(b) The Subrecipient agrees to include the following assurance in each contract with a consultant or contractor and
to require the consultant or contractor to include this assurance in all subcontract agreements:
The consultant or contractor and subconsultant or subcontractor shall not discriminate on the basis of race,
color, national origin, or sex in the performance of this contract. The consultant or contractor shall carry out
applicable requirements of 49 CFR, Part 26 in the award and administration of USDOT-assisted contracts.
Failure by the consultant or contractor to carry out these requirements is a material breach of this contract,
which may result in the termination of this contract or such other remedy, as the Subrecipient or the Department
deems appropriate.
11. Methods of procurement. Subrecipients must follow the procurement standards in 2 CFR 200 sections 200.318
through 200.327.
12. Contracting with small and minority businesses, women's business enterprises, and labor surplus area
firms.
(a) The Subrecipient must take all necessary affirmative steps to assure that minority businesses, women's
business enterprises, and labor surplus area firms are used when possible.
(b) Affirmative steps must include:
(1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
(2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they
are potential sources;
(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum
participation by small and minority businesses, and women's business enterprises;
(4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and
minority businesses, and women's business enterprises;
(5) Using the services and assistance, as appropriate, of such organizations as the Small Business
Administration and the Minority Business Development Agency of the Department of Commerce; and
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(6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs
(b)(1) through (5) of this section.
13. Domestic Preference for Procurements. As appropriate and to the extent consistent with law, the Subrecipient
should, to the greatest extent practicable under this Subgrant, provide a preference for the purchase, acquisition, or use
of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel,
cement, and other manufactured products). The requirements of this section must be included in all subcontracts
including all purchase orders for work or products under this subgrant.
For purposes of this section:
(1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the
initial melting stage through the application of coatings, occurred in the United States.
(2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous
metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates
such as concrete; glass, including optical fiber; and lumber.
14. 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 Agreement, or any project, program, or activity that receives or benefits from this
Agreement. The Subrecipient agrees to comply with Executive Order (E.O.) 11246, as amended by E.O. 11375, and
as supplemented by 41 CFR, Part 60, herein incorporated by reference. The Equal Opportunity Clause contained in
41 CFR section 60-1.4 is included in this Agreement by reference.
In connection with the carrying out of the Project, the Subrecipient shall not discriminate against any employee or
applicant for employment because of race, age, creed, color, sex or national origin and will comply with all Federal
statutes and implementing regulations relating to nondiscrimination. The Subrecipient will take affirmative action to
ensure that applicants are employed, and that employees are treated during employment, without regard to their
race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following:
Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of
pay or other forms of compensation; and selection for training, including apprenticeship. The Subrecipient shall insert
the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection
with the development or operation of the Project, except contracts for standard commercial supplies or raw
materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts
for standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision
in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the Project
involves installation, construction, demolition, removal, site improvement, or similar work, the Subrecipient shall post,
in conspicuous places available to employees and applicants for employment for Project work, notices.
15. No Federal Obligation. This agreement is financed by federal funds. However, payments to the subrecipient will
be made by the Department. The United States is not a party to this Agreement and no reference in this Agreement, to
the United States, USDOT, NHTSA, or any representatives of the federal government makes the United States a party
to this Agreement.
16. Nondiscrimination. Subrecipients will comply with all Federal statutes and implementing regulations relating to
nondiscrimination ("Federal Nondiscrimination Authorities"). These include but are not limited to:
(a) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the
basis of race, color, national origin) and 49 CFR part 21
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(b) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601),
(prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or
Federal -aid programs and projects)
(c) Federal -Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972,
as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex)
(d) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on
the basis of disability) and 49 CFR part 27
(e) The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the
basis of age)
(f) The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage and applicability of Title
VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act
of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or
activities of the Federal aid recipients, Subrecipient's and contractors, whether such programs or activities are
Federally -funded or not)
(g) Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the
basis of disability in the operation of public entities, public and private transportation systems, places of public
accommodation, and certain testing) and 49 CFR parts 37 and 38
(h) Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and
Low -Income Populations (prevents discrimination against minority populations by discouraging programs,
policies, and activities with disproportionately high and adverse human health or environmental effects on
minority and low-income populations)
(i) Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards
against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP) by
ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to
programs (70 FR 74087-74100)
0) Nondiscrimination Clause.
During the performance of this subgrant, the Subrecipient agrees:
(a) To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to
time
(b) Not to participate directly or indirectly in the discrimination prohibited by any Federal non-discrimination
law or regulation, as set forth in appendix B of 49 CFR part 21 and herein
(c) To permit access to its books, records, accounts, other sources of information, and its facilities as
required by the FDOT State Safety Office, USDOT or NHTSA
(d) That, in event a Subrecipient fails to comply with any nondiscrimination provisions in this subgrant, the
FDOT State Safety Office will have the right to impose such subgrant sanctions as it or NHTSA
determine are appropriate, including but not limited to withholding payments to the Subrecipient under
the contract/agreement until the Subrecipient complies; and/or cancelling, terminating, or suspending a
contract or funding agreement, in whole or in part.
(e) To insert this clause, including paragraphs (a) through (e), in every subcontract and sub -agreement and
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in every solicitation for a subcontract or sub -agreement, which receives Federal funds under this
program
17. Ownership of Data and Creative Material. The ownership of material, discoveries, inventions and results
developed, produced, or discovered by this subgrant agreement are governed by the terms of 2 CFR, Section
200.315, Intangible Property, herein incorporated by reference.
The Subrecipient may copyright any work that is subject to copyright and was developed, or for which ownership
was acquired, under this Subgrant. The Federal and State awarding agency reserves a royalty -free, nonexclusive
and irrevocable right to reproduce, publish, or otherwise use the work for Federal and State purposes, and to
authorize others to do so.
The Federal Government has the right to:
(1) Obtain, reproduce, publish, or otherwise use the data produced under a Federal award; and
(2) Authorize others to receive, reproduce, publish, or otherwise use such data for Federal and State purposes.
18. Political Activity. The Subrecipient will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits
the political activities of employees whose principal employment activities are funded in whole or in part with Federal
funds.
19. Prohibition on certain telecommunications and video surveillance services or equipment. subrecipients are
prohibited from obligating or expending loan or subgrant funds to:
(1) Procure or obtain;
(2) Extend or renew a contract to procure or obtain; or
(3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that
uses covered telecommunications equipment or services as a substantial or essential component of any system, or
as critical technology as part of any system. As described in Public Law 115-232, section 889, covered
telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or
ZTE Corporation (or any subsidiary or affiliate of such entities).
20. Property Accountability. The Subrecipient shall establish and administer a system to control, protect, preserve,
use, and maintain and dispose of any property furnished by the Department, or purchased pursuant to this subgrant
agreement in accordance with Federal Property Management Standards as set forth in 49 CFR, Section 18.32, 49 CFR
19, Section 19.34, or 2 CFR, 200.33, herein incorporated by reference. This obligation continues as long as the property
is retained by the Subrecipient notwithstanding the ending of this subgrant agreement.
21. Restrictions on Lobbying. The Subrecipient agrees to comply and require consultants and contractors to comply
with 49 CFR, Part 20, New Restrictions on Lobbying, herein incorporated by reference, for filing of certification and
disclosure forms.
(a) Certification Regarding Federal Lobbying. The Subrecipient certifies, to the best of his or her knowledge
and belief, that:
i. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
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amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
ii. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
iii. The Subrecipient shall require that the language of this certification be included in the award documents
for all sub -award at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and
cooperative agreements) and that all Subrecipients shall certify and disclose accordingly.
iv. This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
(b) Restriction on State Lobbying. None of the funds under this program will be used for any activity specifically
designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative
proposal pending before any State or local legislative body. Such activities include both direct and indirect ( e.g.,
"grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is
supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in
accordance with customary State practice, even if such communications urge legislative officials to favor or
oppose the adoption of a specific pending legislative proposal.
(c) Restriction of Use for Federal Civilian and Military Employees. Subgrant funding is not allowable for the
cost of training federal civilian and military employees. Indian Nations may be supported with written approval
from the FDOT Traffic Safety Administrator and NHTSA.
22. Termination and Suspension.
(a) Generally. If: (i) the Subrecipient abandons or, before the end of the state fiscal year for which financial
assistance for the Project is provided under this Agreement, finally discontinues the Project; (ii) the Subrecipient
fails to comply with applicable law or the terms of this Agreement; or (iii) for any other reason, the
commencement, prosecution, or timely completion of the Project by the Subrecipient is rendered improbable,
infeasible, impossible, or illegal, the Department may, by written notice to the Subrecipient, suspend any or all
of its obligations under this Agreement until such time as the event or condition resulting in such suspension
has ceased or been corrected, or the Department may terminate any or all of its obligations under this
Agreement. Termination of this Agreement shall be governed by the provisions of 2 CFR Part 200.
(b) Actions Upon Termination or Suspension. Upon receipt of any final termination or suspension notice from
the Department, the Subrecipient shall proceed promptly to carry out the actions required in such notice, which
may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be,
Project activities and contracts and such other action as may be required or desirable to keep to the minimum
the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the Project
activities and contracts, and other undertakings the cost of which are otherwise includable as Project costs;
and, (3) remit to the Department such portion of the financing and any advance payment previously received as
is determined by the Department to be due under the provisions of the Agreement. The termination or
suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the
Department or upon the basis of terms and conditions imposed by the Department upon the failure of the
Subrecipient to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by
the Subrecipient shall not constitute a waiver of any claim which the Department may otherwise have arising out
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of this Agreement.
(c) Termination for Convenience. In accordance with Appendix II to 2 CFR Part 200 -Contract Provisions for
Non -Federal Entity Contracts Under Federal Awards, either Party may terminate this Agreement for convenience
upon thirty (30) days' advance written notice to the other Party. Termination of this Agreement, as such, will not
affect payment for services satisfactorily furnished prior to the termination.
23. Human Trafficking. The Subrecipient shall include a provision in each contract it enters into with a private entity in
connection with the Project by which the Subrecipient's contractor agrees that it and its employees that perform any
work on the Project shall not, during the term of this Agreement, engage in trafficking in persons, procure a commercial
sex act, or use forced labor in the performance of work on the Project.
24. Unauthorized Aliens. The Department shall consider the employment by the Subrecipient of unauthorized aliens a
violation of Section 274A of the Immigration and Nationality Act. If the Subrecipient knowingly employs unauthorized
aliens, such violation will be cause for unilateral cancellation of this Agreement.
25. Title VII - Civil Rights Act of 1964. Execution of this Agreement constitutes a certification that the Subrecipient
will comply with all the requirements imposed by Title VII of the Civil Rights Act of 1964 (42 U.S.C. 1981, et seq.), which
among other things, prohibits discrimination in employment on the basis of race, color, national origin, creed, sex, and
age.
26. Americans with Disabilities Act of 1990 (ADA). Execution of this Agreement constitutes a certification that the
Subrecipient will comply with all the requirements imposed by the ADA (42 U.S.C. 12101, et seq.), the regulations of the
federal government issued thereunder, and the assurance by the Subrecipient pursuant thereto.
27. Integrity Certification. By signing this Subgrant Agreement, the Subrecipient certifies that neither it nor its
contractors are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participating in this Agreement by any federal department or agency. This certification is a material representation of
fact upon which the Department is relying in entering this Agreement. If it is later determined that the Subrecipient
knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the
department or agency with which this transaction originated may pursue available remedies, including suspension
and/or debarment. The Subrecipient shall provide to the Department immediate written notice if at any time the
Subrecipient learns that its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
28. Federal Encouragements.
(a) Vehicle Pursuits. Pursuant to 23 U.S.C. 4020), all law enforcement agencies are encouraged to follow the
guidelines established for vehicular pursuits issued by the International Association of Chiefs of Police that are
currently in effect.
(b) Policy on Seat Belt Use. In accordance with Executive Order 13043, Increasing Seat Belt Use in the United
States, subrecipients are encouraged to adopt and enforce on-the-job seat belt use policies and programs for its
employees when operating company-owned, rented, or personally -owned vehicles.
(c) Policy on Banning Text Messaging While Driving. In accordance with Executive Order 13513, Federal
Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving,
subrecipients are encouraged to:
i. Adopt and enforce workplace safety policies to decrease crashes caused by distracted driving,
including policies to ban text messaging while driving company-owned or rented vehicles,
Government-owned, leased or rented vehicles, or privately -owned vehicles when on official business or
when performing any work on behalf of the subrecipient agency and/or the Government.
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ii. Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as
establishment of new rules and programs or re-evaluation of existing programs to prohibit text
messaging while driving, and education, awareness, and other outreach to employees about the safety
risks associated with texting and driving.
iii. Insert the substance of this section, including this sentence, in all sub-agreement/subcontracts funded
with the subaward provided under this Agreement that are $15,000 or more.
29. Reversion of Unexpended Subgrant Funds. All funds granted by the Department under this Agreement that
have not been expended during the term of this Agreement shall revert to the Department.
STATE REGULATIONS
30. Compliance with State Procurement of Personal Property and Services Laws. The Subrecipient agrees to
comply with all applicable provisions of Chapter 287, Florida Statutes (F.S.). The following provisions are stated in this
subgrant agreement pursuant to sections 287.133(2)(a) and 287.134(2)(a), F.S.
(a) Section 287.133 (2)(a), F.S. A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or
services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of
real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity; and may not transact business with any public entity in
excess of the threshold amount provided in section 287.017 for CATEGORY TWO for a period of 36 months
following the date of being placed on the convicted vendor list.
(b) Section 287.134 (2)(a), F.S. An entity or affiliate who has been placed on the discriminatory vendor list may
not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not
submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building
or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not
be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any
public entity; and may not transact business with any public entity.
(c) The convicted vendor list and discriminatory vendor list can be found on the Florida Department of Management
Services (DMS) website.
31. Compliance with State Public Records Laws. The Subrecipient agrees to comply with all provisions provided in
Chapter 119 F.S. If the Subrecipient receives a public records request concerning its work undertaken pursuant to this
Department subgrant agreement, the Subrecipient must take appropriate action as required by Chapter 119, F.S. If the
Subrecipient is unable to ascertain how best to comply with its obligations, it should seek the advice of counsel and/or
FDOT State Safety Office.
The Department shall unilaterally cancel this subgrant agreement if the Subrecipient refuses to allow public access to all
documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S., and made or received by the
Subrecipient in conjunction with this subgrant agreement.
32. Cooperation with Inspector General. It is the duty of every Subrecipient to cooperate with the inspector general
in any investigation, audit, inspection, review, or hearing pursuant to this subgrant agreement. Section 20.055(5), F.S.
The Subrecipient agrees to comply with Section 20.055(5), F.S., and to incorporate in all subcontracts the obligation to
comply with Section 20.055(5), F.S.
33. E -Verify. Subrecipients:
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(a) Shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of
all new employees hired by the Vendor/Contractor during the term of the contract; and
(b) Shall expressly require any subcontractors performing work or providing services pursuant to the state contract
to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment
eligibility of all new employees hired by the subcontractor during the contract term.
34. Indemnification and Insurance.
(a) Indemnification. To the extent permitted by law and as limited by and pursuant to the provisions of Section
768.28, Florida Statutes, the Subrecipient shall indemnify and hold harmless the Department, including the
Department's officers and employees, from liabilities, damages, losses, and costs, including, but not limited to,
reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful
misconduct of the Subrecipient and persons employed or utilized by the Subrecipient in the performance of this
Agreement. This indemnification shall survive the termination of this Agreement. Nothing contained in this
paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Subrecipient's sovereign
immunity.
(b) Subrecipient Contracts. Subrecipient agrees to include the following indemnification clause in all contracts
with contractors, subcontractors, consultants, or subconsultants who perform work in connection with this
Agreement (modified to appropriately identify the parties):
"To the fullest extent permitted by law, the Subrecipient's contractor/consultant shall indemnify and hold
harmless the Subrecipient and the State of Florida, Department of Transportation, including the Department's
officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable
attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the
contractor/consultant and persons employed or utilized by the contractor/consultant in the performance of this
Agreement.
This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is
intended to nor shall it constitute a waiver of the State of Florida and the Subrecipient's sovereign immunity."
(c) Workers' Compensation. The Subrecipient shall provide Workers' Compensation Insurance in accordance with
Florida's Workers' Compensation law for all employees. If contracting for any of the work, the Subrecipient shall
ensure that its contractors have Workers' Compensation Insurance for their employees in accordance with
Florida's Workers' Compensation law. If using "leased employees" or employees obtained through professional
employer organizations ("PEO's"), the Subrecipient shall ensure that such employees are covered by Workers'
Compensation insurance through the PEO's or other leasing entities. Ensure that any equipment rental
agreements that include operators or other personnel who are employees of independent contractors, sole
proprietorships or partners are covered by insurance required under Florida's Workers' Compensation law.
35. Reimbursement Obligation. The State of Florida's performance and obligation to reimburse the Subrecipient shall
be subject to the availability of Federal highway safety funds and an annual appropriation by the Legislature.
36. Responsibility for Claims and Liability. Subject to the limitations of Section 768.28, F.S., the Subrecipient shall
be required to defend, hold harmless and indemnify the Department, NHTSA, FHWA, and USDOT, from all claims and
liability, or both, due to negligence, recklessness, or intentional wrongful misconduct of Subrecipient, and its contractor,
consultant, agents and employees. The Subrecipient shall be liable for any loss of, or damage to, any material
purchased or developed under this subgrant agreement which is caused by the Subrecipient's failure to exercise such
care in regard to said material as a reasonable careful owner of similar materials would exercise.
The parties executing this subgrant agreement specifically agree that no provision in this subgrant agreement is intended
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to create in the public or any member thereof, a third -party beneficiary, or to authorize anyone not a party to this
subgrant agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this
subgrant agreement.
37. Restrictions on Lobbying. No funds subgranted hereunder shall be used for the purpose of lobbying the
legislature, judicial branch, or state agencies, per Section 216.347, F.S.
38. Retention of Records. The Subrecipient shall retain sufficient records demonstrating its compliance with the terms
of this subgrant agreement for a period of five years from the date the audit report is issued, and shall allow the
Department, or its designee, the state CFO, or AG access to such records, which are not protected by State law, upon
request. The Subrecipient shall ensure that the independent audit working papers are made available to the Department,
or its designee, the state CFO, or AG upon request for a period of at least five years from the date the audit report is
issued, unless extended in writing by the Department.
39. Tangible Property. Property purchased under this subcontract does not qualify as Tangible Personal Property as
defined by Chapter 273, F.S.
MISCELLANEOUS PROVISIONS
40. Prohibited Interests. The Subrecipient shall not enter into a contract or arrangement in connection with the Project
or any property included or planned to be included in the Project, with any officer, director or employee of the
Subrecipient, or any business entity of which the officer, director or employee or the officer's, director's or
employee's spouse or child is an officer, partner, director, or proprietor or in which such officer, director or employee
or the officer's, director's or employee's spouse or child, or any combination of them, has a material interest.
"Material Interest" means direct or indirect ownership of more than 5% of the total assets or capital stock of
any business entity.
ii. The Subrecipient shall not enter into any contract or arrangement in connection with the Project or any
property included or planned to be included in the Project, with any person or entity who was represented
before the Subrecipient by any person who at any time during the immediately preceding two (2) years was
an officer, director or employee of the Subrecipient.
iii. The provisions of this subsection shall not be applicable to any agreement between the Subrecipient and its
fiscal depositories, any agreement for utility services the rates for which are fixed or controlled by the
government, or any agreement between the Subrecipient and an agency of state government.
41. Interest of Members of, or Delegates to, Congress or Legislature. No member or delegate to the Congress of
the United States, or the State of Florida legislature, shall be admitted to any share or part of the Agreement or any
benefit arising therefrom.
42. Department Not Obligated to Third Parties. The Department shall not be obligated or liable under this Agreement
to any party other than the Subrecipient. It is specifically agreed between the Parties executing this Agreement that it is
not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof, a third
party beneficiary under this Agreement, 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.
43. Relationship of Parties. The Subrecipient, its employees, contractors, subcontractors, consultants, and
subconsultants are not agents of the Department as a result of this Agreement.
44. When Rights and Remedies Not Waived. In no event shall the making by the Department of any payment to the
Subrecipient constitute or be construed as a waiver by the Department of any breach of covenant or any default which
may then exist, on the part of the Subrecipient, and the making of such payment by the Department while any such
breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with
respect to such breach or default.
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45. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of
Florida.
46. Sovereign Immunity. Nothing in this Agreement shall constitute a waiver by either party of its sovereign immunity
for any damages claimed by third parties.
47. Bonus or Commission. By execution of the Agreement the Subrecipient represents that it has not paid and, also,
agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing
hereunder.
48. Notices. Any notice, demand, or request which is required to be given under this Agreement in writing shall be
delivered to the following address:
Florida Department of Transportation
Attn: Traffic Safety Administrator
State Safety Office, MS 53
605 Suwannee Street
Tallahassee, Florida 32399-0450
49. Agreement Format. All words used in this Agreement in the singular form shall extend to and include the plural. All
words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and
include all genders.
50. JURY TRIAL WAIVER. The Subrecipient and the Department hereby irrevocably and unconditionally waive trial by
jury in any legal action or proceeding relating to this agreement and for any counterclaim therein.
51. Execution of Agreement. This Agreement may be simultaneously executed in a minimum of two counterparts,
each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the
same instrument.
52. Agreement not Assignable. The Subrecipient may not assign any of its rights or obligations under this Agreement.
53. IRS Form 990 Annual Report and Executive Compensation Reporting. Pursuant to Governor's Executive Order
20-44, if the Subrecioient/Contractor/Vendor/Agency/Other Party is required by the Internal Revenue Code to file IRS
Form 990 and is named in statute with which the Department must form a sole -source, public-private agreement; or
through contract or other agreement with the State, annually receives 50% or more of its budget from the State or
from a combination of State and Federal funds, Subrecipient/Contractor/Vendor/Agency/Other Party shall submit an
Annual Report to the Department, including the most recent IRS Form 990, detailing the total compensation for each
member of the SubrecipienbContractor/Vendor/Agency/Other Partv executive leadership team. Total compensation
shall include salary, bonuses, cashed -in leave, cash equivalents, severance pay, retirement benefits, deferred
compensation, real -property gifts, and any other payout. Recipient shall inform the Department of any changes in
total executive compensation during the period between the filing of Annual Reports required by this Amendment
within 60 days of any change taking effect. All compensation reports shall detail the percentage of executive
leadership compensation received directly from all State and/or Federal allocations to the
Subrecipient/Contractor/Vendor/Agency/Other Party. Annual Reports shall be in the form approved by the
Department and shall be submitted to the Department at fdotsingleaudit@dot.state.fl.us within 180 days following
the end of each tax year of the Subrecipient/Contractor/Vendor/Agency/Other Partreceiving Department funding.
GRANT MANAGEMENT
54. Amendments. The Subrecipient shall obtain prior written approval from the FDOT State Safety Office for changes to
this subgrant agreement. Amendments to this subgrant agreement will be approved if the modification(s) to be made will
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achieve or improve upon the outcome of this subgrant agreement's scope of work, or where factors beyond the control of
the Subrecipient require the change. Requested amendments to this subgrant agreement shall be in the form of a written
request signed by the one of the original signatories of this subgrant agreement. Specific delegation(s) for amendments
must be provided in writing from the original signatory of the Subrecipient.
55. Disputes and Appeals. Any dispute, disagreement, or question of fact arising under this subgrant agreement may
be addressed to the Traffic Safety Administrator of the FDOT State Safety Office in writing. The Traffic Safety
Administrator's decision may be appealed in writing within 30 calendar days from the notification to the Governor's
Highway Safety Representative, whose decision is final. Addresses are:
Florida Department of Transportation Florida Department of Transportation
Attn: Traffic Safety Administrator Attn: Governor's Highway Safety Representative
State Safety Office, MS 53 State Safety Office, MS 53
605 Suwannee Street 605 Suwannee Street
Tallahassee, Florida 32399-0450 Tallahassee, Florida 32399-0450
The Subrecipient shall proceed diligently with the performance of this subgrant agreement and in accordance with
Department's decision(s).
56. Equipment. Any equipment purchased under this subgrant agreement with highway safety funds shall not replace
previously purchased equipment that is damaged, stolen, lost, or that wears out as a result of misuse, whether the
equipment was purchased with federal, state, or local funds.
(a) Use of Equipment. All equipment shall be used for the originally authorized subgrant agreement purpose(s) for
as long as needed for those purposes. Subrecipients must maintain an inventory control system that has
adequate safeguards in place to prevent loss, damage, or theft.
(b) Equipment Costing $5,000 or more. Equipment with a useful life of more than one year and an acquisition
cost of $5,000 or more per unit shall be subject to the following requirements:
i. Purchases shall receive prior written approval from the FDOT Safety Office.
ii. Biannual certification of appropriate use and condition of equipment shall be provided to the FDOT
Safety Office.
iii. Dispositions must be requested and shall receive prior written approval from the FDOT Safety Office.
(c) Disposition of Equipment Costing $5,000 or more. In the event the equipment is no longer needed for the
originally authorized subgrant agreement purpose(s) or has reached the end of its useful life, Subrecipients
should use the Equipment Disposition Request Form 500-065-026 to coordinate with the FDOT State Safety
Office to obtain required approvals to dispose of the equipment of or transfer the equipment to another agency
for use.
(d) Disposition of Equipment Costing Less than $5,000. Equipment that does not meet the unit purchase price
threshold of $5,000 should be disposed of in accordance with the agencies own procurement and disposition
policies. Documentation of this disposition should be noted in the Subrecipient files.
(e) Equipment Replacement or Repair. The Subrecipient is responsible, at their own cost, for replacing or
repairing any equipment purchased with Federal highway safety funds that is damaged, stolen, or lost, or that
wears out as a result of misuse. The FDOT State Safety Office retains the right to replace or repair any
equipment for statewide programs based on exceptional individual circumstances.
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(f) Equipment Repossession. Ownership of all equipment purchased with Federal highway safety funds rests
with the Subrecipient; however, the USDOT maintains an interest in the equipment and title vests in the
Subrecipient subject to several conditions and obligations under 2 CFR Section 200.313. The Subrecipient must
use the equipment for the authorized purposes of the project, whether or not the project continues to be
supported by the Federal award, unless the FDOT State Safety Office, on behalf of USDOT, provides written
authorization for another use of the equipment that is permissible under 2 CFR Section 200.313. Any equipment
purchased with Federal highway safety funds that is not being used by the Subrecipient for the purposes
described in the project or in accordance with other authorized uses under 2 CFR Section 200.313, is subject to
repossession by the FDOT State Safety Office, on behalf of the USDOT. Items that are repossessed shall be
disbursed to agencies that agree to use the equipment for the activity described in this project or for other uses
authorized by USDOT.
57. Expense Purchases for $200 or more: Any office, training, communication, or computer supplies (including
computers) with a per item unit cost of $200 or more within the Expense Category, excluding software, must have FDOT
State Safety Office written approval, prior to purchase.
58. Excusable Delays. Except with respect to the defaults of Subrecipient's consultants and contractors which shall
be attributed to the Subrecipient, the Subrecipient shall not be in default by reason of any failure in performance of this
subgrant agreement in accordance with its terms if such failure arises out of causes beyond the control and without the
fault or negligence of the Subrecipient. Such causes are acts of God or of the public enemy, acts of the Government in
either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes,
and unusually severe weather, but in every case the failure to perform must be beyond the control and without the fault
or negligence of the Subrecipient. If the failure to perform is caused by the failure of the Subrecipient's consultant or
contractor to perform or make progress, and if such failure arises out of causes beyond the control of the Subrecipient
and its consultant or contractor, and without the fault or negligence of any of them, the Subrecipient shall not be
deemed to be in default, unless (1) the supplies or services to be furnished by the consultant or contractor were
obtainable from other sources, (2) the FDOT State Safety Office shall have ordered the Subrecipient in writing to procure
such supplies or services from other sources, and (3) the Subrecipient shall have failed to comply reasonably with such
order.
Upon request of the Subrecipient, the FDOT State Safety Office shall ascertain the facts and extent of such failure and,
if it shall be determined that any failure to perform was occasioned by any one or more of the said causes, the delivery
schedule shall be revised accordingly.
If the Subrecipient is unable to fulfill the activities stated in the Proposed Solution or Project Objectives in this
agreement (Part II: PROJECT PLAN AND SUPPORTING DATA) due to the COVID-19 pandemic, the Subrecipient must
contact the FDOT State Safety Office immediately to discuss potential amendments and/or alternate plans.
59. How this Subgrant Agreement is Affected by Provisions Being Held Invalid. If any provision of this subgrant
agreement is held invalid, the remainder of this subgrant agreement shall not be affected. In such an instance, the
remainder would then continue to conform to the terms and requirements of applicable law. The Subrecipient
acknowledges that federal grant requirements are subject to change and agrees that the most recent requirements shall
govern its obligations under this Agreement at all times.
60. Ineligibility for Future Funding. The Subrecipient agrees that the Department shall find the Subrecipient
ineligible for future funding for any of the following reasons:
(a) Failure to provide the required audits
(b) Failure to continue funding positions created with highway safety funds after the Federal funding cycle ends
(c) Failure to provide required performance and final narrative reports in the required time frame
(d) Failure to perform work described in Part II of this subgrant agreement
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(e) Failure to provide reimbursement requests and performance reports in a timely manner
(f) Providing fraudulent performance reports or reimbursement requests
(g) Misuse of equipment purchased with Federal highway safety funds
61. Performance. In the event of default, noncompliance, or violation of any provision of this subgrant agreement by
the Subrecipient, the Subrecipient's consultant(s) or contractor(s) and supplier(s), the Subrecipient agrees that the
Department will impose sanctions. Such sanctions include withholding of reimbursements, retainage, cancellation,
termination, or suspension of this subgrant agreement in whole or in part. In such an event, the Department shall notify
the Subrecipient of such decision 30 days in advance of the effective date of such sanction. The sanctions imposed by
the Department will be based upon the severity of the violation, the ability to remedy, and the effect on the project. The
Subrecipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction .
62. Personnel Hired or Paid Under this Subgrant Agreement.
(a) Project Director. Persons holding the position of Project Director for this subgrant agreement shall not receive
reimbursement for personnel hours nor receive any other benefit under this subgrant agreement.
(b) Employer Responsibility. Any and all employees of the Subrecipient whose positions are funded, in whole or
in part through this subgrant agreement, shall be the employee of the Subrecipient only, and any and all claims
that may arise from said employment relationship shall be the sole obligation and responsibility of the
Subrecipient. Personnel hours will only be reimbursed based on actual hours worked on this subgrant
agreement. No other allocation method is allowable for reimbursement.
(c) Bonuses or stipends. Bonuses or one-time stipends issued to Subrecipient employees will not be eligible for
subgrant reimbursement, as they are not considered salary and are an addition to the salary amounts approved
for Subgrant execution. Increases in Subgrant employee salary must be approved by the FDOT State Safety
Office. Annual fluctuations in benefits approved in the Subgrant are allowable and eligible for reimbursement.
(d) Overtime.
Overtime Hours. Subgrant funds cannot be used to supplant standard activity hours; therefore, only
hours qualifying as "overtime", per the Subrecipient policies will be eligible for reimbursement by this
subgrant agreement. In the event a Subrecipient is awarded more than one subgrant agreement within a
federal fiscal year, overtime hours for each traffic safety effort must be tracked, reported, and billed
based on hours worked for each subgrant agreement type.
ii.Overtime Rate. Overtime hours are intended for enhanced/ increased traffic safety activities. The
overtime pay rate for personnel is based on actual cost per employee in accordance with the
Subrecipient's payroll policy. Each Subrecipient shall comply with Fair Labor Standards Act (FLSA)
requirements and thresholds for overtime accrual and payment and its own policies and procedures,
insofar as those policies apply uniformly to both federally -financed and other activities of the
Subrecipient, as required by 2 CFR 200.403(c). Additional hours may be called overtime, off duty, extra,
additional, etc., as long as it enhances/ increases traffic safety activities. A copy of the policy shall be
maintained by the Subrecipient and made available for review if requested.
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63. Reports. The following reports are required for reimbursement of subgrant funding:
(a) Performance Reports. (FDOT Form No. 500-065-19). A performance report shall be provided with each request
for financial reimbursement, providing the status of the subgrant minimum performance standards, as described
in Part IV of this subgrant agreement.
(b) Final Narrative Report. (FDOT Form No. 500-065-20). A Final Narrative Report giving a chronological history of
the subgrant activities, problems encountered, major accomplishments, and NHTSA Required Activity Reporting
shall be submitted by October 31. Requests for reimbursement will not be processed and will be returned to the
Subrecipient as unpaid if the required reports are not provided, following notification.
(c) Enforcement Activity Reports. Enforcement Activity Report(s) for each type of enforcement shall be provided
with each request for financial reimbursement for overtime worked. Agency specific activity reports may be used,
if those reports include all information detailed in each FDOT Activity Form.
(d) Other Reports. The FDOT State Safety Office reserves the right to require other reports not specified above, as
necessary, for subgrant agreement monitoring.
64. Term of this Subgrant Agreement. Each subgrant agreement shall begin on the date the last party signs this
subgrant agreement and shall end on September 30, unless otherwise stipulated by the FDOT State Safety Office on
the first page of this respective subgrant agreement. In the event this subgrant agreement is for services in excess of
$25,000.00 and a term for a period of more than 1 year, the provisions of Section 339.135(6)(a), F.S., are hereby
incorporated:
"The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract
which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for
expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and
void, and no money may be paid on such contract. The Department shall require a statement from the Comptroller
of the Department that such funds are available prior to entering into any such contract or other binding commitment
of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any
contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in
succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which
are for an amount in excess of $25,000.00 and which have a term for a period of more than 1 year."
65. Travel.
(a) Required Forms. Travel costs for approved travel shall be submitted on the FDOT Contractor Travel Form
(FDOT Form No. 300-000-06) or other approved Florida Department of Financial Services form and will be
reimbursed in accordance with Section 112.061, F.S. and the most current version of the Disbursement
Handbook for Employees and Managers.
(b) Authorization and Restriction. All travel authorized under this subgrant shall be subject to any additional
authorization requirements or restrictions imposed by: the Governor's Executive Order or other guidance; any
requirements or forms for travel cost reimbursement imposed by the Subrecipient that do not violate FDOT travel
cost reimbursement requirements; and/or FDOT during the subgrant period.
(c) Prerequisite Approvals. Travel meeting any of the following criteria shall require a written request for approval
from the FDOT State Safety Office prior to the incurring of actual travel costs. Request should include sufficient
justification to prove that the travel will have significant benefits to the outcome of the subgrant activities and is
within the travel budget of the project and relevant to the project:
i. Purchase of Air fare
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ii. Travel to conference
iii. Travel which includes a registration fee
iv. Out-of-subgrant-specified work area travel
v. Out-of-state travel
Failure to receive prior written approval will deem the entire travel cost ineligible for payment, regardless of
available funding in travel budget.
(d) Lodging Reimbursement Limit. The FDOT State Safety Office shall not pay for overnight lodging/hotel room
rates that exceed $175.00 per night (before taxes and fees). A Subrecipient and/or traveler will be required to
expend his or her own funds for paying the overnight lodging/hotel room rate in excess of $175.00 plus the
applicable percentage of fees (other than flat fees). If multiple travelers share a room and the individual cost of
the lodging/hotel exceeds the $175 per night limit, the Subrecipient and/or travelers will be required to expend
his or her own funds for paying the excess amount. If another entity is covering the cost of the overnight
lodging/hotel then this paragraph does not apply.
(e) Lodging for Subgrant Funded Statewide Coalition Meetings and Conferences. Lodging contracts may
be funded to accommodate attendance of subgrant funded statewide coalition meetings, conferences, and
programs. If lodging a lodging contract is executed to cover lodging cost, all travelers shall be expected to use
the contract, and any attendees choosing alternate lodging accommodations based on preference, shall do so
at their own out of pocket costs. Cost for these lodging contracts will be reviewed and approved for program
appropriateness and costs savings to the State, as determined and approved by the FDOT State Safety Office.
66. Vehicles. Any Subrecipient receiving subgrant funds to purchase a vehicle (excluding law enforcement vehicles)
shall maintain a travel log that contains the beginning and ending mileage, location, and purpose of travel. All agencies
must report any vehicle use (excluding law enforcement vehicles) and maintenance with each request for reimbursement
using the Safety Grant Vehicle Use Form (FDOT Form No. 500-065-21) and the Safety Grant Equipment Maintenance
Form (FDOT Form No. 500-065-22).
Vehicles purchased with federal highway safety funds shall be used for program use only and in accordance with Rule
6013-1.004 F.A.C. Subrecipients who are responsible for the operation and use vehicles for official state business are
allowed to permit persons other than state officials or employees to travel in the vehicle provided these persons are
conducting official state business or only on special occasions if the purpose of the travel can be more usefully served by
including such persons and no additional expense is involved.
It is permissible to transport persons other than state officials and employees during disasters and emergency situations
where the state must protect life and property. Providing assistance to motorists whose vehicles are disabled may be
considered as an emergency when there is a need to protect life and property.
Any vehicles used for personal reasons or not being used by the Subrecipient for the purposes described in this subgrant
agreement shall be subject to repossession by the FDOT State Safety Office.
FINANCIAL/FISCAL
67. Allowable Costs. The allowability of costs incurred under this subgrant agreement shall be determined in
accordance with the general principles of allowability and standards for selected cost items set forth in the Applicable
Federal Law, state law, and the FDOT Disbursement Handbook for Employees and Managers, to be eligible for
reimbursement. All funds not spent in accordance with the Applicable Federal Law will be subject to repayment by the
Subrecipient. Only costs directly related to this subgrant agreement shall be allowable.
68. Subcontract Agreements.
(a) Requirement for Pre- Approval. All subcontract agreements must be submitted to the FDOT Safety Office in
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draft form for review and approval. Approval of this subgrant agreement does not constitute approval of
subcontract agreements.
(b)Minimum Mandatory Subcontract Language. All subcontract agreements shall include as a minimum the
following information:
i. Beginning and end dates of the subcontract agreement (not to exceed this subgrant agreement
period)
ii. Total contract amount
iii. Scope of work/Services to be provided
iv. Quantifiable, measurable, and verifiable units of deliverables
V. Minimum level of service to be performed and criteria for evaluating successful completion
vi. Budget/Cost Analysis
vii. Method of compensation/Payment Schedule
(c) Additional Required Clauses.
i. All subcontract agreements shall contain the following statement: "The parties to this
contract shall be bound by all applicable sections of Part V: Acceptance and Agreement of
Project # (insert project number), A final invoice must be received by (insert date)
ii. Buy American Act clause (see Section 4 of Part V)
iii. Certification Regarding Federal Lobbying (see Section 21 of Part V)
iv. Cooperation with Inspector General (see Section 32 of Part V)
V. DBE Clause (see Section 10(b) of Part V)
vi. E -Verify clause (see Section 33 of Part V)
vii. Nondiscrimination clause (see Section 16 of Part V)
viii. Clean Air Act and Federal Water Pollution Control Act clause (subcontracts in excess
$150,000) (see Section 5 of Part V)
ix. Integrity Certification Clause (see Section 27 of Part V)
X Contract Work Hours and Safety Standards Act (subcontracts in excess of $100,000) (see
Section 8 of Part V)
xi. Indemnification and Insurance (see Section 34 of Part V)
xii. Policy on Banning Text Messaging While Driving Act (subcontracts in excess of $15,000) (see
Section 28 of Part V)
xiii. Human Trafficking Clause (see Section 23 of Part V)
xiv. Contracting with small and minority businesses, women's business enterprises, and labor
surplus area firms (see Section 12 of Part V)
xv. Termination for Convenience (see Section 22 of Part V)
69. Indirect Costs. Indirect costs included in this subgrant agreement in Part III, under the indirect line item are based
on the indirect costs rate the Subrecipient used in the competitive concept paper application process. The rate will be
applied in accordance with 2 CFR 200 and the Subrecipients federally approved rate agreement. If the Subrecipient does
not have a federally approved costs rate agreement, a de minimis rate of 10% of modified total direct costs in the manner
described in 2 CFR 200.414 will be used. [The de minimis rate is available only to entities that have never had a
negotiated indirect cost rate. When selected, the de minimis rate must be used consistently for all federal awards until
such time the Subrecipient chooses to negotiate a rate. A de minimis certification form must be submitted to the
Department for review and approval.] All subgrant awards are based on cost benefit, available funding, and if the indirect
costs rate requested significantly affects the proposed project's ability to adequately address the traffic safety need .
70. Obligation of Subgrant Funds. Subgrant funds shall not be obligated prior to the effective date or subsequent to
the end date of this subgrant agreement period. Only project costs incurred on or after the effective date and on or prior
to the end date of this subgrant agreement are eligible for reimbursement. A cost is incurred when the Subrecipient's
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employee or approved contractor or consultant performs the service required or when goods are received by the
Subrecipient, notwithstanding the date of order.
71. Procedures for Reimbursement.
(a) Required Forms. All requests for reimbursement of subgrant costs must be submitted on forms provided by
the Department (FDOT Form Numbers 500-065-04 through 09 and 19) unless otherwise approved. Forms must
be completed in detail sufficient for a proper pre -audit and post audit based on the quantifiable, measurable, and
verifiable units of deliverables and costs, including supportive documentation. ALL requests for reimbursement
shall include FDOT Form 500-065-019 Performance Report for the period of reimbursement.
(b) Supporting Documentation. Invoices for cost reimbursement subgrants must be supported by an itemized
listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation shall be
submitted for each amount for which reimbursement is being claimed indicating that the item has been paid.
Documentation for each amount for which reimbursement is being claimed must indicate that the item has been
paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should
clearly reflect the dates of service. Only expenditures for categories in the approved subgrant budget may be
reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being
provided. Contracts between state agencies may submit alternative documentation to substantiate the
reimbursement request, which may be in the form of FLAIR reports or other detailed reports.
The Florida Department of Financial Services, online Reference Guide for State Expenditures can be
found at this web address
https://www.myfloridacfo.com/Division/AA/Manuals/documents/ReferenceGuideforStateExpenditures.p
df.
Listed below are types and examples of supporting documentation:
i. Personnel Services.
Salaries: Timesheets that support the hours worked on the project or activity must be kept. A
payroll register, or similar documentation should be maintained. The payroll register should
show gross salary charges, fringe benefits, other deductions, and net pay. If an individual for
whom reimbursement is being claimed is paid by the hour, a document reflecting the hours
worked times the rate of pay will be acceptable.
Fringe Benefits: Fringe benefits should be supported by invoices showing the amount paid on
behalf of the employee, e.g., insurance premiums paid. If the contract specifically states that
fringe benefits will be based on a specified percentage rather than the actual cost of fringe
benefits, then the calculation for the fringe benefits amount must be shown.
ii. Contractual Services. Should be supported by a copy of the approved subcontract agreement, invoice
showing payment request and dates of service from the vendor, and proof of payment by the
Subrecipient.
iii. Expenses. Should be supported by a copy of any required pre -approvals, invoice showing payment
request from the vendor, and proof of payment by the Subrecipient.
iv. Travel. Reimbursement for travel must be in accordance with s. 112.061, F.S. and the most recent
version of the FDOT Disbursement Handbook, which includes submission of the travel costs on an
approved state travel form along with supporting receipts and invoices.
v. Equipment Costing Over $5,000. Should be supported by a copy of any required pre -approvals, invoice
showing payment request from the vendor, and proof of payment by the Subrecipient.
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vi. Indirect Cost. If the subgrant stipulates that indirect costs will be paid based on a specified rate, then
the calculation should be shown. Indirect costs must be in the approved agreement budget and the
entity must be able to demonstrate that the costs are not duplicated elsewhere as direct costs. All
indirect cost rates must be evaluated for reasonableness and for allowability and must be allocated
consistently.
All documentation should be readable and include the necessary calculations to support the amounts being
requested. Illegible documents or documents for the wrong time -period or calculation amounts will require
resubmittal by the Subrecipient. If documents provided do not equal totals requested, additional documentation
may be requested, or amounts reimbursed will be reduced to totals supported by documentation.
Subgrant agreements between state agencies, and/or subgrant agreements between universities may submit
alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or
other detailed reports and do not have to include check numbers.
(c) Frequency and Deadlines for Submission.
Partial Claims. Subrecipients should submit all costs for reimbursement monthly unless no costs
were incurred within a month. Reimbursement for personnel costs may be submitted after each pay
period, if desired. Failure to submit reimbursement requests in a timely manner may result in this
subgrant agreement being terminated.
Final Claim. Afinal financial request for reimbursement shall be submitted and/or postmarked no later
than October 31 following the end of this subgrant agreement period. Such request should be distinctly
identified as Final.
The Subrecipient agrees to forfeit reimbursement of any amount incurred or expended if the
final request is not submitted and/or postmarked by October 31 following the end of this
subgrant agreement period.
(d) Travel Reimbursement. Bills for travel expenses specifically authorized in this subgrant agreement shall be
submitted on the FDOT Contractor Travel Form (300-000-06) and will be paid in accordance with Section
112.061, F.S. and the most current version of the FDOT Disbursement Handbook for Employees and Managers.
(e) Equipment Reimbursement. All requests for reimbursement of equipment having a unit cost of $5,000 or
more and a useful life of one year or more shall be accompanied by a Non- Expendable Property Accountability
Record (FDOT Form No. 500-065-09). Reimbursement of these equipment costs shall not be made before
receipt of this form.
(f) Media Purchase Reimbursement. Proof of performance (e.g., copies and/or images of posters, air
schedules, etc.) of all paid media purchased with subgrant funds shall be attached to reimbursement requests.
(g) Signature Requirements. All requests for reimbursement shall be signed by an Authorized Representative of
the Subrecipient, or their delegate. Delegation letters must be provided for each subgrant agreement.
(h) Reimbursement Timeline. Subrecipients providing goods and services to the Department should be aware of
the following time frames. The FDOT State Safety Office has a 30 -day review process to approve goods and
services that starts on the date of receipt of financial reimbursement request. After that review and approval, the
Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The
20 days are measured from the latter of the date the invoice is received or the goods or services are received,
inspected, and approved. Financial reimbursement requests may be returned if not completed properly. If a
payment is not available within 40 days from the FDOT State Safety Office approval, a separate interest penalty
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at a rate as established pursuant to Section 55.03(1), F.S., will be due and payable, in addition to the financial
reimbursement request amount, to the Subrecipient. Interest penalties of less than one (1) dollar will not be
enforced unless the Subrecipient requests payment. Financial reimbursement requests that have to be returned
to a Subrecipient because of Subrecipient preparation errors will result in a delay in the payment. The financial
reimbursement request payment requirements do not start until a properly completed financial reimbursement
request is provided to the Department.
(i) Financial Consequences. Payment shall be made only after receipt and approval of deliverables and costs
incurred. If the Department determines that the performance of the Subrecipient is unsatisfactory, the
Department shall notify the Subrecipient of the deficiency to be corrected, which correction shall be made within
a timeframe to be specified by the Department. The Subrecipient shall, within five days after notice from the
Department, provide the Department with a corrective action plan describing how the Subrecipient will address
all issues of subgrant agreement non-performance, unacceptable performance, failure to meet the minimum
performance levels, deliverable deficiencies, or subgrant agreement noncompliance. If the corrective action plan
is unacceptable to the Department, the Subrecipient will not be reimbursed to the extent of the non-performance.
The Subrecipient will not be reimbursed until the Subrecipient resolves the deficiency. If the deficiency is
subsequently resolved, the Subrecipient may bill the Department for the unpaid reimbursement request(s) during
the next billing period. If the Subrecipient is unable to resolve the deficiency, the funds shall be forfeited at the
end of this subgrant agreement term.
Q) Vendor Ombudsman. A Vendor Ombudsman has been established within the Department of Financial
Services. The duties of this individual include acting as an advocate for Subrecipients who may be experiencing
problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at
(850) 413-5516.
72. Tracking and Retention of Financial Records. The Subrecipient shall maintain an accounting system or
separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of
this subgrant agreement shall be maintained and made available upon request to the Department at all times during the
period of this subgrant agreement and for five years after final payment is made. Copies of these documents and records
shall be furnished to the Department upon request. Records of costs incurred include the Subrecipients general
accounting records and the project records, together with supporting documents and records, of the contractor and all
subcontractors performing work.
73. Program Income. Program income means gross income earned by Subrecipient that is directly generated by a
supported activity or earned as a result of the subgrant award during the subgrant period of performance. Program
income must be deducted from total allowable costs to determine the net allowable costs. Program income must be
used for current costs and any remaining program income must be offset against the final request for reimbursement .
Program income that the Subrecipient did not anticipate at the time of the subgrant award must be used to reduce the
Federal award and Subrecipient contributions rather than to increase the funds committed to the project.
74. Registration for Attendance. No activities funded under this subgrant agreement shall charge a registration fee for
attendance.
75. Responsibility of Subrecipient. The Subrecipient shall establish fiscal control and fund accounting procedures
that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All monies
spent on this project shall be disbursed in accordance with provisions of the Project Detail Budget as approved by the
FDOT State Safety Office. All expenditures and cost accounting of funds shall conform to 2 CFR, Part 200, Uniform
Administrative Requirements, Cost Principles, and Audit Requirements For Federal Awards, herein incorporated by
reference, (hereinafter referred to as Applicable Federal Law).
REQUIREMENTS
76. Child Safety Seats. Any agency that receives child safety seats must have at least one staff member who is a
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FDOT Contract Number: G2107
current Certified Child Passenger Safety Technician.
77. Enforcement.
(a) Automated Traffic Enforcement. No subgrant funds will be awarded or expended to carry out a program to
purchase, operate, or maintain an automated traffic enforcement system. (23 U.S.C. 402(c)(4)). The term
"automated traffic enforcement system" includes any camera that captures an image of a vehicle for the
purposes only of red light and speed enforcement, and does not include hand held radar and other devices
operated by law enforcement officers to make an on -the -scene traffic stop, issue a citation, or other enforcement
action at the time of violation. Subgrant funding will not be utilized or reimbursed for continuing priorly initiated
investigations, court or Administrative Hearings, and enforcement from aircraft.
(b) Data Driven. Selection of enforcement activity locations should be based on current data that identifies
high-risk areas with the greatest number of crashes, serious injuries, fatalities, and/or traffic violations (citations).
Data should be reviewed periodically to ensure that the most current high-risk areas are continually addressed
throughout this subgrant agreement period.
(c) High Visibility Enforcement. All law enforcement agencies shall conduct High Visibility Enforcement while
conducting enforcement under this subgrant agreement.
High Visibility Enforcement is defined as
Intense: Enforcement activities are over and above what normally takes place.
Frequent: Enforcement occurs often enough to create general deterrence.
Visible: A majority of the public sees or hears about the enforcement.
Strategic: Enforcement targets high-risk locations during high-risk times.
(d) Impaired Driving Enforcment.
Hours of Emphasis. A strong emphasis of enforcement operations should be during the hours of 6:00
pm to 6:00 am. Expansion of enforcement operation hours can be adjusted based on supporting data
and prior approval by the FDOT State Safety Office. Agencies should ensure that enforcement
saturation/wolfpack/roving patrols are conducted in periods of no fewer than 3 consecutive hours. The
FDOT State Safety Office reserves the right to request a copy of any subgrant funded checkpoint After
Action Report.
ii. Mobilization Participation. All law enforcement agencies that receive impaired driving subgrant
funding should participate in all NHTSA impaired driving moblizations for the following holidays and
events: New Year's Day, NFL Super Bowl, St. Patrick's Day, Cinco de Mayo, Independence Day, Labor
Day, Halloween, and the end of year holiday season.
iii. Required Credentials for Impaired Driving Enforcement. Any law enforcement officer who takes
enforcement action and receives compensation under an impaired driving subgrant must have
successfully completed at least one of the following within the last five years:
a. NHTSA/IACP 24 hour DWI Detection and Standardized Field Sobriety Testing (SFST) course
b. NHTSA/IACP 4 hour DWI Detection and Standardized Field Sobriety Testing (SFST) refresher
course
c. NHTSA/IACP DWI Detection and Standardized Field Sobriety Testing (SFST) Instructor
Development course
d. NHTSA/IACP 8 -hour DWI Detection and Standardized Field Sobriety Testing (SFST) Instructor
Update course
e. NHTSA/IACP Advanced Roadside Impaired Driving Enforcement (ARIDE) course
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f. Be an active certified Drug Recognition Expert (DRE)
(e) Motorcycle Enforcement. No subgrant funds will be used for programs to check helmet usage or to create
checkpoints that specifically target motorcyclists.
(f) Occupant Protection Enforcement. All law enforcement agencies that receive occupant protection subgrant
funding should participate in all NHTSA occupant protection mobilizations for Click It or Ticket and are
encouraged to participate in Child Passenger Safety Week and National Seat Check Saturday. Safety belt
enforcement is encouraged for both day and nighttime.
(g) Speed and Aggressive Driving Enforcement. All law enforcement agencies that receive speed and
aggressive driving subgrant funding should participate in the NHTSA Regional speed and aggressive driving
moblization for Operation Southern Shield.
i. Required Credentials for Speed Enforcement. Any law enforcement officer who is using a radar or
lasar speed detection system, must be certified in the use of that piece of equipment.
78. Public Service Announcements, Marketing, and Advertisements.
(a) Closed Caption Requirement. All public service announcements produced with Federal highway safety funds
shall be closed captioned for the hearing impaired.
(b) Media Plan. All paid media reimbursed with subgrant funds shall contain a traffic safety message. In order to
maximize the effectiveness of the paid media, when marketing or advertising is included in subgrant activities, it
shall be done only in conjunction with proven, effective countermeasures, and when the message of the media is
designed to call attention to those countermeasures. Before incurring costs related to the paid media, a final
draft of the media and media plan shall be submitted to the FDOT State Safety Office for review.
Media plans should include the following:
i. What program/policy the paid media is supporting
ii. How the paid media will be implemented to support an operational enforcement program whether it be a
periodic crackdown/mobilization or an on-going saturation or roving patrol
iii. The amount allocated for paid media
iv. Anticipated creative costs associated with the paid media
v. The measures that will be used to assess message recognition and penetration of the target audience.
(c) Tagging. All subgrant funded public service announcements, marketing, and advertisements shall be tagged
"Funding provided by the Florida Department of Transportation, or Funded by FDOT", or FDOT logo, "Brought to
you by ...." or "Provided by ..." may also be used for this requirement. Television commercials must include a
statement as set forth above. The name of the Subrecipient and its logo can appear on the paid media, if
approved by the FDOT State Safety Office, but the names of individuals connected with the Subrecipient shall
not appear when paid for with Federal highway safety funds, unless otherwise approved by the FDOT State
Safety Office.
(d) Prohibition of Gifts. Contractual agreements for marketing and advertising which include communications,
public information, and paid media expenditures shall not include gifts as defined by Section 112.312, F.S.,
which includes items such as tickets, seats, food, travel, apparel, memorabilia, etc., to any representative of
this subgrant agreement or any of their traffic safety partners unless the item or service is regularly made
available to the general public at no cost.
Amendment Number: Original
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Project Title: Boynton Beach Speed and Aggressive Driving
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FDOT Contract Number: G2107
79. Public Information and Education Items. Public Information and Education Items are defined as materials whose
purpose is to convey substantive information about highway safety. Paper, pamphlets, flash drives, CD-ROMs, and
similar media that contain educational materials are all allowable because their purpose is to contain and convey
educational information. In order to be considered educational, distributed material must provide substantial informational
and educational content to the public (not merely a slogan) and have the sole purpose of conveying that information. If a
Subrecipient chooses to provide educational content on a flash drive, CD-ROM, or similar device, that device must be an
economical method of conveying the information.
Before printing or ordering any public information and education items, a final draft or drawing of the items shall be
submitted to the FDOT State Safety Office for review and approval.
Requests should include the following:
(a) What public information or educational item is being requested
(b) What program/policy is the item supporting
(c) Who the target audience is
(d) How the item will be distributed
(e) Estimated unit cost(s) for the item
The FDOT State Safety Office shall provide written approval for reimbursement if the items are appropriate for purchase
under this subgrant agreement. Copies and/or images of all public information and education items purchased with
highway safety funds shall be attached to the forms requesting reimbursement for the items.
Printed materials (tip cards, brochures, safety pledges, surveys, activity books, booklets, guides, etc.) can be freely
distributed, however tangible items (helmets, DVDs, CD-ROMs, flash or thumb drives, reflective tape, etc.) require the
person receiving the item to interact with the Subrecipient in some manner related to the goal of the project in order to
receive the item. Interaction includes attending a presentation, having a discussion with a program representative,
signing a pledge sheet, filling out a survey form, answering a traffic safety question, etc. The results of this interaction
must be reported in the performance report.
Where feasible, either the Florida Department of Transportation logo or the words "Funding provided by the Florida
Department of Transportation or Funded by FDOT" Shall appear on or in all items. "Brought to you by" or "Provided by"
may also be used for this requirement. The name of the Subrecipient and its logo can appear on any of the public
information and education items. The names of individuals connected with the Subrecipient shall not appear on any
printed materials, and advertisements paid for with highway safety funds.
Per 2 CFR 200 and NHTSA Memo "Use of NHTSA Highway Safety Grant Funds for Certain Purchases" (dated May 18,
2016), Use of NHTSA grant funds to purchase promotional items or memorabilia (backpacks, cups, flashlights, key
chains, magnets, shirts, stickers, sunglasses, umbrellas, etc.) is prohibited and therefore unallowable under this
subgrant agreement.
80. Publication and Printing of Observational Surveys and Other Reports.
(a) Review and Publication. During this subgrant agreement period, but before publication or printing, the final
draft of any report or reports required under this subgrant agreement or pertaining to this subgrant agreement
shall be submitted to the FDOT State Safety Office for review and concurrence. After this subgrant agreement
period has concluded, Subrecipients may publish after providing the FDOT State Safety Office with at least a
15 -day prior written notice.
(b) Discussion. Both written and oral releases are considered to be within the context of publication. However,
there is no intention to limit discussion of the study with small technical groups or lectures to employees or
students. Lectures that describe plans but discuss neither data nor results may be given to other groups without
Amendment Number: Original
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advance approval.
(c) Required Language. Each publication or other printed report covered by Paragraph 80(a) above shall include
the following statement on the cover page:
This report was prepared for the FDOT State Safety Office, Department of Transportation, State of
Florida, in cooperation with the National Highway Traffic Safety Administration, U.S. Department of
Transportation and/or Federal Highway Administration, U.S. Department of Transportation.
ii. The conclusions and opinions expressed in these reports are those of the Subrecipient and do not
necessarily represent those of the FDOT State Safety Office, Department of Transportation, State of
Florida, and/or the National Highway Traffic Safety Administration, U.S. Department of Transportation
and/or Federal Highway Administration, or any other agency of the State or Federal Government.
81. Safety Belt Policy. Each Subrecipient shall have a written safety belt policy, which is enforced for all employees. A
copy of the policy shall be maintained by the Subrecipient and made available for review if requested.
82. Special Conditions.
Amendment Number: Original
SUB -2022- Boynton Bea -00222 Page 32 of 34
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Project Title: Boynton Beach Speed and Aggressive Driving
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FDOT Contract Number: G2107
Part VI: Federal Financial Assistance (Single Audit Act)
Federal resources awarded pursuant to this subprant are as follows:
FDA Number and Title:
Q 20.600 - State and Community Highway Traffic Safety Program (NHTSA 402 Funds)
❑ 20.614 - National Highway Traffic Safety Administration Discretionary Safety Grants (NTHSA
403 funds)
❑ 20.616 - National Priority Safety Program (NHTSA 405 Funds)
'Federal Funds Awarded: $50,000
Awarding Agency: Florida Department of Transportation
Indirect Cost Rate:
"Award is for RSD: No
Federal resources awarded pursuant to this subgrant are subject to the following audit requirements:
(a) 2 CFR Part 200 - Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal
Awards
www.ecfr.gov
Federal resources awarded pursuant to this subprant may also be subject to the following:
(a) Federal Funding Accountability and Transparency Act (FFATA) Sub -award Reporting System (FSRS)
www. fsrs. go v
Federal Award Identification Number (FAIN): FAIN Award Date:
69A37520300004020FL0 02/03/2020
Amendment Number: Original
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FDOT Contract Number: G2107
500-065-01
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IN WITNESS WHEREOF, the parties affirm that they have each read and agree to the conditions set forth in Part V of
this Agreement that each have read and understand the Agreement in its entirety. Now, therefore, in consideration of
the mutual covenants, promises and representations herein have executed this Agreement by their undersigned officials
on the day, month, and year set out below.
(For FDOT Use Only)
STATE OF FLORIDA
SUBRECIPIENT
DEPARTMENT OF TRANSPORTATION
By: At--J-'�g 10 -,--e—
Signature of Authorized Representative
By:
Authorized FDOT State Safety Office Representative
!� \ I
Name: LG P,I 1 l 1J,V e_ 121Z.t
Authorized Representative's Name Printed
Date:
n n
Title:
Date Signed
Authorized Representative's Title Printed
Date: �' Lc Z
Date Signed
Reviewed for the Florida Department of Transportation:
IMPLEMENTING AGENCY
By:
By_
Signature of Authorized Representative
Authorized FDOTAttorney
Name:
Authorized Representative's Name Printed
Date:
Date Signed
Title:
Authorized Representative's Title Printed
Date:
Date Signed
NOTE: These signatures are the only recognized authorized representatives for this agreement, unless
delegation is granted in writing.
Amendment Nu r: Original;
SUB-2022-BoyntonBea-00222 Page 34 of 34 APPROVED TO F
CITY ATTORNEY