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HomeMy WebLinkAboutGHSP Agreement of Conditions for 2014 LEL grantAOC Initials North Carolina Governor's Highway Safety Program Agreement of Conditions This Agreement is made by and between the North Carolina Department of Transportation, hereinafter referred to as the Department ", to include the Governor's Highway Safety Program, hereinafter referred to as "GHSP "; and the applicant agency, for itself, its assignees and successors in interest, hereinafter referred to as the "Agency ". During the performance of this contract, and by signing this contract, the Agency agrees as follows: A. Federal Provisions 1. Equal Opportunity /NondiscrimMation. The Agency will agree to comply with all Federal statutes and implementing regulations relating to nondiscrimination concerning race, color, sex, religion, national origin, handicaps, and age. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964; (b) Title IX of the Education Amendments of 1972, as amended; (c) 49 CFR Part 21, Non - Discrimination in Federally - assisted programs of the United States Department of Transportation, hereinafter referred to as "USDOTH, as amended; (d) 49 CFR Part 27, Rehabilitation Act of 1973, as amended; and (e) The Age Discrimination Act of 1975, as amended. 2. Drug Free Workplace. The Agency agrees to comply with the provisions cited in the Drug -Free Workplace Act of 1988 (49 CFR Part 29 Sub -part F). 3. Federal Grant Requirements and Contracts. The Agency shall comply with the following statutes and implementing regulations as applicable: (a) 49 CFR Part 18, Uniform Administrative Requirements for Grants and Cooperative Contracts to State and Local Governments; (b) Office of Management and Budget, hereinafter referred to as "OMB ", Circular A -87, Cost Principles for State, Local, and Indian Tribal Governments; (c) OMB Circular A-21, Cost Principles for Institutions of Higher Education; (d) OMB Circular A -122 Cost Principles for Nonprofit Organizations; (e) 5 U.S.C. §§ 1501 -1508 and 5 CFR Part 151 "Political Activity of State and Local Offices, or Employees" (Hatch Act); and (f) NHTSA Grant Funding Policies, as revised, February 2002. 4. Lobbying. The Agency agrees to comply with the restrictions of lobbying members of Congress, 18 USC, Section 1913; Section 326 of the FY 2000 DOT Applications Act, prohibiting the use of USDOT Federal funds for "grass roots" lobbying campaigns to encourage third parties, members of special interest groups, or the general public to urge members of a State legislature to support or oppose a pending legislative or appropriations matter. 5. Audits. (a) Audit Required. Non - Federal entities that expend $500,000 or more in a year in Federal awards shall have a single or program - specific audit conducted for that year in accordance with the provisions of OMB Circular A -133, Subpart B, § .200. Guidance on determining Federal awards expended is provided in OMB Circular A- 133, Subpart B, § .205. Rev. 7111 Page 1 AOC Initials (b) Single Audit. Non - Federal entities that expend $500,000 or more in a year in Federal awards shall have a single audit conducted in accordance with OMB Circular A -133, Subpart B, § .500, except when they elect to have a program - specific audit conducted in accordance with OMB Circular A -133, Subpart B, § .200, paragraph (c). (c) Non - Governmental Entities. Non - governmental entities (not - for -profit and for -profit entities) must adhere to North Carolina General Statute 143 -6.1. 6. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transactions. (a) The prospective lower tier participant (the Agency) certifies, by submission of this contract proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or Federal Agency. (b) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participants shall attach an explanation to this contract proposal. 7. Conditions for State, Local and Indian Tribal Governments. State, local and Indian tribal government Agencies shall adhere to the standards established by 49 CFR Part 18, Uniform Administrative Requirements for Grants and Cooperative Contracts to State and Local Governments, and additions or amendments thereto. Agencies shall also adhere to the standards established by the Office of Management and Budget, and in particular, OMB Circular A -87, Cost Principals for State, Local and Indian Tribal Governments and additions or amendments thereto, for principles for determining costs applicable to grants and contracts with state, local and Indian tribal governments. 8. Conditions for institutions of Higher Education. If the Agency is an institution of higher education, it shall adhere to the standards established by 49 CFR Part 19, Uniform Administrative Requirements for Grants and Contracts with Institutions of Higher Education, Hospitals, and Other Non -profit Organizations and OMB Circular A- 21, Cost Principles for institutions of Higher Education for determining costs applicable to grants and contracts with educational institutions. 9. Conditions for Non - Profit Organizations. If the Agency is a non -profit organization, it shall adhere to the standards established by 49 CFR Part 19, Uniform Administrative Requirements for Grants and Contracts with Institutions of Higher Education, Hospitals, and Other Non - profit Organizations and OMB Circular A -122, Cost Principles for Non- profit Organizations for determining costs applicable to grants and contracts with non- profit organizations. 10. Conditions for Hospitals. if the Agency is a hospital, it shall adhere to the standards established by 49 CFR Part 19, Uniform Administrative Requirements for Grants and Contracts with Institutions of Higher Education, Hospitals, and Other Non -profit Organizations and 45 CFR Subtitle A, Part 74, Appendix E, Principles for Determining Costs Applicable to Research and Development Under Grants and Contracts with Hospitals. Rev. 7111 Page 2 AOC B. General Provisions Initials 1. Contract Changes. This document contains the entire agreement of the parties. No other contract, either oral or implied, shall supercede this Agreement. Any proposed changes in this contract that would result in any change in the nature, scope, character, or amount of funding provided for in this contract, shall require a written addendum to this contract on a form provided by the Department. 2. Subcontracts Under This Contract. The Agency shall not assign any portion of the work to be performed under this contract, or execute any contract, amendment or change order thereto, or obligate itself in any manner with any third party with respect to its rights and responsibilities under this contract without the prior written concurrence of the Department. Any subcontract under this contract must include all required and applicable clauses and provisions of this contract. The Agency must submit any proposed contracts for subcontracted services to the Governor's Highway Safety Program for final approval no less than 30 days prior to acceptance. 3. Solicitation for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding or negotiation, made by the Agency for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Agency of the Agency's obligations under this contract. Additionally, Agencies making purchases or entering into contracts as provided for by this contract must adhere to the policies and procedures of 49 CFR 18.36 (Common Rule). Additionally, Agencies making purchases or entering into contracts as provided for by this contract must adhere to the policies and procedures of 49 CFR 18.36 (Common Rule) and Executive Order 150 as it pertains to Historically Underutilized Businesses. 4. Incorporation of Provisions in Subcontracts. The Agency shall include the provisions of section A -1 through A -6 of this Agreement in every subcontract, including procurements of materials and leases of equipment, unless exempted by the regulations, or directives issued pursuant thereto. The Agency shall take such action with respect to any subcontract or procurement as the Department, the State of North Carolina, hereinafter referred to as the "State ", the National Highway Traffic Safety Administration, hereinafter referred to as "NHTSA ", or the Federal Highway Administration, hereinafter referred to as "FHWA ", may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event the Agency becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Agency may request the Department or the State to enter into such litigation to protect the interests of the Department or the State. In addition, the Agency may request the NHTSA or FHWA to enter into such litigation to protect the interests of the United States. 5. Outsourcing. All work shall be performed in the United States of America. No work will be allowed to be outsourced outside the United States of America. Rev. 7111 Page 3 AOC Initials 6. Property and Equipment. (a) Maintenance and Inventory. The Agency shall maintain and inventory all property and equipment purchased under this contract. (b) Utilization. The property and equipment purchased under this contract must be utilized by the Agency for the sole purpose of furthering the traffic safety efforts of the Agency for the entire useful life of the property or equipment. (c) Title Interest. The Department and NHTSA retain title interest in all property and equipment purchased under this contract. In the event that the Agency fails or refuses to comply with the provisions of this Agreement or terminates this contract, the Department, at its discretion, may take either of the following actions: (i) Require the Agency to purchase the property or equipment at fair market value or other mutually agreed to amount; or (ii) Require the Agency to transfer the property or equipment and title of said property or equipment, if any, to the Department or to another Agency, as directed by the Department. (d) Non - expendable Property. Non - expendable property is defined as property or equipment having a value of $5000 or more with a life expectancy of more than one year. Non - expendable property purchased under this contract cannot be sold, traded, or disposed of in any manner without the expressed written permission of the Department. 7.. Promotional or Other Materials. Any promotional or other materials developed using funds from this contract must be reviewed and approved by the GHSP prior to their production. The cost of promotional materials is limited to a maximum of $5.00 per item. Items in excess of $5.00 may not be purchased without the expressed written approval of the GHSP. 8. Review of Reports and Publications. Any reports, papers, publications, or other items developed using funds from this contract must be reviewed and approved by the GHSP prior to their release. 9. Reimbursement. (a) General. Progress payments, based upon actual allowable costs for not less than one (1) month or more than three (3) months may be made upon receipt of an itemized invoice from the Agency on forms provided by the Department. The itemized invoice shall be supported by documentation of costs as prescribed by the Department. (b) Approval. The Governor's Highway Safety Program and the Department's Fiscal Section shall approve the itemized invoice prior to payment. (c) Unapproved Costs. Any rejected or unaccepted costs shall be borne by the Agency. The Agency agrees that in the event the Department determines that, due to Federal or State regulations that grant funds must be refunded, the Agency will reimburse the Department a sum of money equal to the amount of Federal and State participation in the rejected costs. (d) Final Reimbursement Claims. Final reimbursement claims must be received by the GHSP within 30 days_ following the close of the approved contract period. Project funds not claimed by this date are subject to reversion. (e) Expending Funds Under This Contract. Under no circumstances will reimbursement be made for costs incurred prior to the contract effective date or after the contract ending date. Rev. 7111 Page 4 AOC Initials 10. Project Costs. It is understood and agreed that the work conducted pursuant to this contract shall be done on an actual cost basis by the Agency. The amount of reimbursement from the Department shall not exceed the estimated funds budgeted in the approved contract. The Agency shall initiate and prosecute to completion all actions necessary to enable the Agency to provide its share of the project costs at or prior to the conclusion of the project. 11. Program Income. The Agency shall account for program income related to projects financed in whole or in part with federal funds in accordance with 49 CFR Part 18. Program income earned during the contract period shall be retained by the Agency and added to the funds committed to the project by the GHSP and be used to further eligible program objectives. Program income must be accounted for separately and the records made available for audit purposes. 12. Project Directors. The Project Director, as specified on the signature page of this Agreement, must be an employee of the Agency or the Agency's governing body. Any exception to this provision must have the expressed written approval of GHSP. 13. Reports Required. (a) Quarterly Progress Reports. Unless otherwise directed, the Agency must submit Quarterly Progress Reports to the GHSP, on forms provided by the Department, which reflect the status of project implementation and attainment of stated goals. Each progress report shall describe the project status by quarter and shall be submitted to GHSP no later than fifteen 15 days after the end of each guarter. If the Agency fails to submit a Quarterly Progress Report or submits an incomplete Quarterly Progress Report, the Agency will be subject to having cost reimbursement requests withheld. Once a Quarterly Progress Report that substantiates adequate progress is received, cost reimbursement requests will be processed. (b) Final Accomplishments Report. A Final Accomplishments Report must be submitted to the GHSP within thirty (30) days of completion of the proiect, on forms provided by the Department, unless otherwise directed. If the Agency fails to submit a Final Accomplishments Report or submits an incomplete Final Accomplishments Report, the Agency will be subject to having cost reimbursement requests withheld. Once a Final Accomplishments Report that substantiates adequate progress is received, cost reimbursement requests will be processed. (c) Audit Reports. Audit reports required in Section A -5 above shall be provided to the Department within thirty 30) days of completion of the audit. 14. Out -of -State Travel. (a) General. All out -of -state travel funded under this contract must have prior written approval by the Governor's Highway Safety Program. (b) Requests. Requests for approval must be submitted to the GHSP, on forms provided by the Department, no less than thirty (30) days prior to the intended departure date of travel. (c) Agency Travel Policy Required. For Agencies other than state agencies, out -of- state travel requests must include a copy of the Agency's travel policy, to include allowances for lodging, meals, and other travel - related expenses. For state agencies, maximum allowable subsistence is limited to the prevailing per diem rates as established by the North Carolina General Assembly. (d) Agenda Required. Out-of-state travel requests must include a copy of the agenda for the travel requested. Rev. 7111 Page 5 AOC , �— Initials 15. Conditions for Law Enforcement. In addition to the other conditions provided for in this Agreement, grants to law enforcement agencies are subject to the following: (a) Tasks Required. The following tasks must be included in Section D of this contract: (1) A minimum of one (1) safety belt checkpoint per month; (ii) A minimum of one (1) impaired driving checkpoint per month; (iii) A minimum of 50% of seat belt enforcement activities will be conducted at night between the hours of 10:00 p.m. and 4:00 a.m. (iv) Participation in all "Click It or Ticket" campaigns; (v) Participation in all 'Booze It & Lose It" campaigns; (vi) Participation in any event or campaign as required by the GHSP. An effort must be made to utilize one of the Forensic Tests for Alcohol Branch's Mobile Breath Alcohol Testing (BATMobiles) units during at least one of the impaired driving checkpoints. (b) Certifications Required. (i) In -car Camera or Video System. For any in -car camera or video system purchased under this contract, it is required that the operator of that equipment has successfully completed Standardized Field Sobriety Testing training (SFST). A copy of this certificate must be filed with GHSP prior to reimbursement of in -car camera or video systems. (ii) Radar. For any radar equipment purchased under this contract, it is required that the operator of that equipment has successfully completed Radar Certification Training. A copy of this certificate must be filed with GHSP prior to reimbursement of radar equipment. (iii) Alcohol Screening Devices. For any preliminary alcohol screening devices purchased under this contract, it is required that the operator of that equipment has successfully completed the Alcohol Screening Test Device training offered by the Forensic Test for Alcohol Branch. (c) Report Required - Monthly Enforcement Data Report. In addition to the reports mentioned above, law enforcement agencies must submit a Monthly Enforcement Data Report on the form provided by the Department. If the Agency fails to submit a Monthly Enforcement Data Report or submits an incomplete Monthly Enforcement Data Report, the Agency will be subject to having cost reimbursement requests withheld. Once a Monthly Enforcement Data Report that substantiates adequate progress is received, cost reimbursement requests will be processed. The agency head must sign the form. However, the agency head may assign a designee to sign the form by providing written signature authority to the GHSP. 16. Conditions for Local Governmental Agencies. (a) Resolution Required. If the Agency is a local governmental entity, a resolution from the governing body of the Agency is required on a foram provided by the Department. (b) Resolution Content. The resolution must contain a commitment from the governing body to provide the local funds as indicated in this contract. Additionally, the resolution is required even if the funding is one hundred percent from federal sources, as it serves as recognition by the governing body of federal funding for purposes of Section A -5 above. 17. Prohibited Interests. No member, officer, or employee of the Agency during his or her tenure, and for at least one (1) year thereafter, shall have any interest, direct or indirect, in this contract or the proceeds thereof or therefrom. Rev. 7/11 Page 6 AoC Initials 18. Continued Federal and State Funding. (a) Federal Funding. The Agency agrees and understands that continuation of this project with Federal funds is contingent upon Federal funds being appropriated by the United States Congress specifically for that purpose. The Agency further agrees and understands that in the event funds originally appropriated by Congress for these grants are subsequently reduced by further acts of Congress, funding to the Agency may be proportionately reduced. (b) State Funding. The Agency agrees and understands that continuation of this project with funds from the State of North Carolina is contingent upon State funds being appropriated by the General Assembly specifically for that purpose. The Agency also agrees that any state funds received under this contract are subject to the same terms and conditions stated in this Agreement. 19. Performance. All grants provided by the Governor's Highway Safety Program are performance -based and, as such, require that continual progress be made toward the reduction of the number and severity of traffic crashes. Any agency, whose performance is deemed unsatisfactory by the GHSP, shall be subject to the sanctions as provided for in this contract. Additionally, unsatisfactory performance shall be cause for the Department to reduce or deny future funding. 20. Resolution of Disputes. Any dispute concerning a question of fact in connection with the work not disposed of by contract by and between the Agency and the Department, or otherwise arising between the parties to this contract, shall be referred to the Secretary of the North Carolina Department of Transportation and the authorized official of the Agency for a negotiated settlement. In any dispute concerning a question of fact in connection with the project where such negotiated settlement cannot be resolved in a timely fashion, the final decision regarding such dispute shall be made by the Secretary of the North Carolina Department of Transportation, with the concurrence of the Federal funding agency, and shall be final and conclusive for all parties. 21. Department Held Harmless. (a) For State Agencies. Subject to the limitations of the North Carolina Tort Claims Act, the Agency shall be responsible for its own negligence and holds harmless the Department, its officers, employees, or agents, from all claims and liability due to its negligent acts, or the negligent acts of its subcontractors, agents, or employees in connection with their services under this contract. (b) For Agencies Other Than State Agencies. The Agency shall be responsible for its own negligence and holds harmless the Department, its officers, employees, or agents, from all claims and liability due to its negligent acts, or the negligent acts of its subcontractors, agents, or employees in connection with their services under this contract. Rev. 7111 Page 7 AOC c Initials 22. Records Access and Retention. The Agency shall provide all information and reports required by the regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Department, the State, NHTSA, or FHWA, as appropriate, to be pertinent to ascertain compliance with such regulations, orders and instructions. Furthermore, the Agency shall maintain such materials during the contract period, and for three (3) years from the date of final payment from the Department, for such inspection and audit. Where any information required of the Agency is in the exclusive possession of another who fails or refuses to furnish this information, the Agency shall so certify to the Department, State, NHTSA, or FHWA, as appropriate, and shall set forth what efforts it has made to obtain the information. 23. Sanctions for Non - Compliance. The applicant Agency agrees that if it fails or refuses to comply with any provisions and assurances in this contract, the Department may take any or all of the following actions: (a) Cancel, terminate, or suspend this contract in whole or in part; (b) Withhold reimbursement to the Agency until satisfactory compliance has been attained by the Agency; (c) Refrain from extending any further funding to the Agency under this contract with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the Agency; (d) Refer the case to the United States Department of Justice for appropriate legal proceedings. 24. Cancellation, Termination, or Suspension of Contract. (a) By the Department. For noncompliance with any of the said rules, regulations, orders or conditions, this contract may be canceled, terminated, or suspended in whole or in part by the Department, by giving the Agency thirty (30) days advanced written notice. The Department, before issuing notice of cancellation, termination, or suspension of this contract, may allow the Agency a reasonable opportunity to correct for noncompliance. (b) By the Agency. The Agency may terminate this contract by providing thirty (30) days advanced written notice to the Department. 25. Completion Date. Unless otherwise authorized in writing by the Department, the Agency shall commence, carry on, and complete the project as described in the approved Highway Safety Project Contract by September 30 of the Federal fiscal year for which it was approved. Rey. 7111 Page 8 AOC Initials 26. Signature. By signing below, the Agency agrees to adhere to the terms and conditions of this Agreement. Rev. 7111 Page 9 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: February 18, 2013 CONSENT ITEM: 5 DEPARTMENT: Sheriff PRESENTER(S): Sheriff Ed McMahon CONTACT(S): Fonda Sykes, Grants Management SUBJECT: Approval to Submit a 2011 Continuation Grant Application to the N.C. Governor's Highway Safety Program for DWIISeat Belt Enforcement BRIEF SUMMARY: In 2011, the Sheriffs Office was awarded a grant from N.C. Governor's Highway Safety Program to provide funding for DWI/Seat Belt Enforcement. Funding was 100 % for the first year. Funding for Year Two was 85% Federal; 15% Local. This application is for Year Three of the grant; funding is 70% Federal; 30% Local, which was stated on the Commissioners' Agenda on November 7, 2011. The local match will be included in the Sheriffs Department FY 13-14 Budget. Total project cost is projected to be $ 266,075 for Year 3; $186,253 Federal and $79,822 Local. This project funds four positions. GHSP encourages extending these positions beyond the grant cycle; however is it not mandatory. The Sheriff has to re -apply each year for funding. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Increase public safety and crime prevention RECOMMENDED MOTION AND REQUESTED ACTIONS: Authorize the Sheriffs Office to submit the grant application and local government resolution to GHSP. ATTACHMENTS: Local Government Resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. Board of Commissioners Meeting 02/18/2013 COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 02/18/2013 GHSP -02 -A North Carolina Governor's H i� � e Program FF Fcrrn 2 b (To be completed, attached to and Lorne part of Form GHSP -02, Traffic Safety Project Contract.) WHEREAS, the New Hanover County Sheriffs Office (herein called the "Agency") (The AppllCantAgency) has completed an application contract for traffic safety funding; and that New Hanover County Board of Commissloners (herein called the "Governing Body °) has thoroughly considered the prohlem identified and has reviewed the project as described in the contract; THEREFORE, NOW BE IT RESOLVED BY THE New Hanover County Board of Commission rs IN OPEN (Goveming Body) MELTING ASSEMBLED IN THE CITY OF Wilmirona, NORTH CAROLINA, THiS U DAY OF 2013, AS FOLLOWS: 1. That the project referenced abo a is in the best interest of the Governing Body and the general public; and 2. That New Han ver County Sheriffs Office is authorized to file, on behalf of the Governing (Name and Me of Repreaertt M) Body, an applicaflon contract in the form prescribed by the Govemor's Highway Safety Program for federal funding in the amount of $186.253 to be made to the Governing Body to assist in defraying (Fsderai Dollar Request) the cost of the project described in the contract application; and 3. That the Governing Body has formally appropriated the cash contribution of 78 822 (3rd year) as required by the project contract; and (Local Cash ApproprfaUon) 4. That the Project Director designated in the application contract shall furnish or make arrangement for other appropriate persons to furnish such information, data, documents and reports as required by the contract, if approved, or as may be required by the Governor's Highway Safety Program; and S. That certified copies of this resolution be included as part of the contract referenced above; and 6. That this resolution shall take effect DONE AND ORDERED in open meeting b V ATTESTED BY L - (clerk) DATE a�• Rev. 02109