HomeMy WebLinkAboutFY23 Sheriff GHSP Crime LabGrant Document Routing
Stafi date: 7115122
From: Teresa Hewett, Finance Department (7408)
Signatures required:
Eric (lredle, Chief Financial Officer - I place
Tim Burgess, Deputy County Manager - 2 places
Return to Finance Front Desk - for Teresa Hewett
Tvpe(s) of document(s) attached:
I original - Govemor's Highway Safety Program - Sheriff s Office Regional
Forensic Laboratory grant
Explanation ot' document(s):
Attached are documents required for a Govemor's Highway Safety Program grant application for
the Sheriff s Office. The Board approved the request to apply on 1124122, and on7l11l22,
adopted a revised resolution for the application amount of $102,183. The resolution and
application are included after the documents that need your signature. Please let me know ifyou
have any questions. Thank you
PICKED TIP BY:
Print Name & Date Signature
DATE ADDED TO LASERFICHE
A(X'lNITIAl-S Roird 05/2018
t{orth Ctrollnr GovemorJs Hlghw.y Ssrgfy Prognm
Agraement ot Condhbn!
This Agreement is made by and belween the North Caroline Dopertment ol Transportalion, hercinatter refaned to
as the 'Oepartrnent-, to indude the Govemor's Highrray Satety Program. hersinefter rctonad lo as'GHSP"; and
the applicant agency, for its€lf, its assignees and succossors in interost, hereinafter refored to as the "Agoncy'.
During the p€rformance of this contracl. end by sagning this contrect. the Agoncl agrees as follows;
A. Fcd.rrl Provtrbm
1. Equll Opportunityrxondlrcdmlndbn. Th€ Agency will agroe to compty with all Fadoral statutos and
implementing rogulalions relating to nondiscdmlnalion conceming raog, @lor, s€x, rcligion, national
origin, handicaps, and age. Thoso indudo but ar€ not limited to:
(!) Tiue vl of the civ Rights Acr of 1964 (42 u.s.c. 2000d sr soq., 78 stat.252);
(b) The Uniform Relocalion AssistBnce and Rosl Proporty Acquisition Pdicies Act of 1970, (42 U.S.C.
4601)
(cl Federal-Aid Highway Act of 1973. (23 U.S.C. 324 et s€q.), and Trtl€ lX of the Education Amcndm€nts
of 1972, as amended (20 U.S.C. 'l6El-16E3 and l6E$1686);
(d) Non-Discriminaton in Fod6rally-sssisted programs of lhe Unilod Statas Depertment of Transporlation
- Eftectuation of Ti0e Vl of tho CMI Rights Acl of 1964 (49 CFR Parl 21), horeinafter reten d lo as
"USDOT', as amoftbd;
(.) seclion 5o4of the Rehabilitation Act ot l973, (29 u.s.c.794 er soq.), as aman&d, and 49cFR Pan
27iand
(0 The Age Discrimination Act of 1975, as amendd (42 U.S.C. 6101 et s€q.);
(g! The Civil Righls Restoration Act ol 1987, (Pub. L. 100-209):
(h) Tites ll and lll of the Americans with Oissbilites Ad (42 U.S.C. 12131-12189) end 49 CFR parts 37
and 38;(ll Execulive Order 12898, Federal Aclions to AddrBss Envircnmental Justicc in Minority Populalions
and Lo -lncom6 Populalions:
0l Executive fr€r 13166, lmproving Accass to S€rvicas for P€rsons with Limited English Profdency
2. Drug F ae Wortplrca. The Agency egrees to comply with the provisions cited in the Drug-Fre€
workplace Act of 1988 (,11 U.S.C. 8103).
3. F.d.ral Gfrnl Raquaram.nta and Contractr. The Agcncy shall comply wilh the following slalutes end
implementing ragulelions as applicaue:
(!) Highway sarety Acl of l9€6 (23 u.s.c. cheplor 4 ,, 8s amended:
(bl Sec. 1906, Pub. L.109-59, as amerded by Sec. tloll, Pub. L. 11+94;
(cl Uniform Procedur€s for Stato Highway SaiBty Granl Programs (23 CFR parl 13O0):
(dl Unilorm Administrative Requiremsnts, Cosl Principlos, end Audit Rsqdrements tor Federal Awards (2
CFR Pert '1201 ):(.) Uniform Administratve Roquirom€nB, Cost Principbs, and Audit Requirem€nls for FoderalAwards (2
CFR Parl200) and all othor rel€vant Fed€ral regulations covering tho Highway Sarety Program:
(0 NHTSA Highwsy Safety Grant Funding Guktanc€. as revisd. July 2015 (wtytv.nhtss.gov) and
additions or smondments thereto.
a. po[flcal Actiyhy (Hltch Act] The A96ncy will comply with povisions of the Hstch Acl (5 u.s.c. 1501-
15O8), vvhich limits the political acthrities of employees whose principal omploymenl ac'tivities 8rs fundod
in whole or in parl with Federal funds.
5. Lobbytng.
(!) Cenmcdlon Rcgadlng Fed.'rl Lobbylng. The und€rsigned certifies, to th€ b€sl of his or her
knowtedge 8nd beliof, that:
(t) No Federal oppropriated tunds have been paid or will be paid, by or on b€halt of the undsrsignod,
to any person for in0uencing or anempting to inlluence an officer or employ€e ot any agerry, a
Member oI Congress, an offoer or employeo of Congress, or an employee of a Member of
Congress in connection with th€ awarding ol eny Federal contract, the making of 8ny Fedsral
granl. the making ol any Federal loan, the ente.ing into of any cooperaive agnBement. and the
ixtension, continuation, ronewal, amendment, o( modilication of any Fed€ral contract, grant,
loan, or cooperative agresmont.
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AO('
(ii) It any funds other than Federal appropriated funds have been paid or will be paid to any person
for inlluoncing or altsmpting to inlluence an omcer or employee ot any agency, a Member of
Congress, an olticer or employes of Congress, or an employee ol a Memb€r of Congross in
connection with this Federal contrecl, grant, loan, or coop€rative agreemont, the und€rsigned
shall complete and submit Standard Form-LLL, "Disclosure Form to Reporl Lobbying,. in
accordance with its inslruclions.
(iii) The undersigned shall require that lhe language of this certification be includod in the award
documents for all suEaward at all tiers (including subconhacts, subgrants, and contracts under
grant, loans, and cooperalive agreements) and that all subrecipients shall cerlit and disclose
accordingly.
This certmcaton is a material representation of tact upon which reliance was placed when this
transaclion was made or entered into. Submission of this certificaion is a prerequisite tor making or
entedng into this transaction imposed by section 1352, ti0e 3'1, U.S. Code. Any psrson who fails to llle
the required cerdfcation shall be subject to a civil p€nalty of not less than $10,000 and not more than
S100,000 for each such failure
(b) Ro3lriction on State Lobbying. Non€ of ths tunds under this program will b€ usad for any activity
specilically designed to urge or inlluence a State or local legislator to favor or oppose ths adoption of
any specific legislalive proposal p€nding before any Stste or local legislatjve body. Such aaivities
include both direct and indirect (e.9., 'grassroots') lobbying activities, with one exception. This does
not preclude a State ofricial whose salary is supported with NHTSA funds from engsglng in dlrect
communications with St8te or local l€gislative officials, in eccordance with customary State practice,
even if such communicalions urge legislative officials lo favor or oppose the adoption of a spocific
pending legisletive propossl.
6. Audlt3.
(al Audit Roquired. Non-Federal entities that expend $750,000 or more in a year in Federal avvards
shall have a single or program-specific audit conducted for that year in accordance wih tha
provisions of 2 CFR, Subpart F, 5200.500. Guidance on determining Federal awards expcnded is
provided in 2 CFR, Subparl F, S200.5O2.
(b) Slnglo Audit. Non-Federal enlitiss thal exp€nd $750,000 or more in a year in Fedsral awards shall
have a single audit conducted in accordance with 2 CFR, Subpart F, 5200.501, except vvhen they
elect to have a program-specific audit conducled in accordance with 2 CFR, Subparl F, 5200.501,
paragraph (c).
(c) Non€ovornmontal Entltios. Non{ovemmental entities (not-for-profit and for-protit entities) must
adhere to North Carolina General Statute '143C{.22 and 09 NCAC Subchapter 03M.
7. lnrtructlona for Ldvar Tlor Cottmcation.
(a) By signlng and submitting this proposal, the prospective lower tier participant (the Agency) ls
gmviding the certification set out below and a9re6s to comply with the requirsments of 2 CFR Parts
180 and 1200.
(b) The cenmcation in this clause is a material representation of tacl upon which reliance was placed
when this lransaclion was enlered into. lf it is later determined thal the prosp€ctive lower ti€r
panicipant knowingly rendered an erroneous csrlification, in addition to olher remedies available to
lhe Federal govemmant, the deparlment or agency with wlrich this transaction originated may pursue
available remedies, including suspension or debatment.
(c) The prospective lower tier participant shall provide immediale written notice to the person to which
this proposal is submitted if at any time the prospective lower tier participant leams that its
certification was arroneous when submitted or has become erroneous by reason of changed
circumstances.
(dl The terms covered transaction, civil judgemenl, debarment, suspension, ineligible, participant,
person, principal, and voluntarily excluded, as used in this clause. are d€fined in 2 CFR Parl 180 and
1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a
copy of those regulations.
(e) The prospective lower tier participanl agrees by submitting this proposal that, should the proposed
covered transaction be entered into, it shall nol knowingly enter into any lower tier covered
lransaction with a peBon who is proposed for debamenl under 48 CFR parl 9, subpart 9.4, debaned,
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INITIALS Revised 05/2018
A(X'INITIALS Revised 05i20lE
susp€ndd, declared inelgible, or voluntarily excluded from participatjon in this covered lransaction,
unless authorizod by the departnent or agency wilh which this transaction originated.
(0 The prospective lower tier participant further agrees by submitting this proposal that it will includ€ the
clause titled "lnslructions for Lower Tier Participant Cedmcsfun' including the "Certification
Regarding Debarment, Suspension, ln€ligibility and Voluntary Exclusion - Lower Tier Coverod
Transection,' without modificetion, in all lower tier covered transactions and in all soliciiations for
lowsr tier covered transaclions and will raquire lo\rt€r tier participants to comply with 2 CFR Parts l8O
and 1200.
(g) A participant in a covered transaction may rely upon a certification of a prospective participant in a
loty€r tier cover€d transaction that it is not proposed for debamenl under /l8 CFR parl9, subpart 9.4.
debarred, suspended, ineligible. or voluntarily excluded ftom the covered transaction, unless it knows
thal the certilication is enoneous. A participant is responsible ror ensuring that ils principals are not
suspended, debaned, or othen ise ineliglble to parlicipate in covgred transaclions. To verify the
eligibility of its principals. as well as the eligibility ot any prosp€ctive lower tier participants, each
parlicipant may, but is not required to, check the System tor Award Management Exclusions website
(https:/
^,v\rw.sam.
gov/).
(h) Nothing contained in the loregoing shall be construsd to require establishment of a system of rocords
in order lo render in good taith the certification required by this clause. The knowledge and
information of a participant is nol requirod to exce€d that which is normally possessed by a grudent
person in the ordinary course of business dealings.
(ll Except lor transactions authorized under paragreph 7(e) of th€se instructions, if a participant in a
covered transaclion knowingly enters into a lower tier covered transaction with a p€Gon who is
proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debaned, ineligable, or
voluntarily excluded ftom participation in lhis transaction, in addition to other remedies available to the
Federal govemmenl, he deparlment or agency with which this transaction originatod may puBue
available remedies including suspension or debarment.
0l Csrtlficrtlon Regardlng Debarmant, Su3penslon, ln llglblllty and Voluntiry Exclu3ion - Lowrl
Tlrr CoYarad Tran3action3.
(il The prospective lower tier participant (lhe Agency) certifies, by submission of lhis proposal, that
neither it nor ils principals is presenlly debaned, suspended, proposed for debarm€nt, d€clared
inellgible, or voluntarily excluded ftom participation in covercd transaclions by any Federal
dspartrnent or agency.
(iD Where th€ prospective lower lier participant is unable to certify to any ot lhe statements in this
csrlificstion, sucfi prospective parlicipanls shall attach an explanation lo this contracl proposal.
8. Buy Amorlc6 Ac-t. The Agency and each subrecipisnt will comply wilh the Buy America requirement (23
U.S.C. 313) when purchasing items using Foderal funds. Buy America requires a Stale, or subrecipient,
to purchase rvith Federal funds onty steel, iron and manutactured products produced in the United Stales.
unless lhe Secretary of Transportation determines thal such domestically produced ilems would be
inconsistent witr the public interest, that such materials are nol reasonably available and of a satisfactory
quality, or that inclusion of domeslic materials will increase the cost ot the overall proiect cor ract by more
than 25 percent. ln order to use Federal funds lo purchase foreign produced items, lhe State musl submit
a waiver request that provides an adequale basis and justification for approval by the Secretary of
Transporletion.
9. Prohlbltlon On U3ing Grant Funds To Chock For Holmot U3ag.. The Agency and each subrecipienl
\flill nol use 23 U.S.C. Chapter 4 grant funds for programs to check helmel usage or to create checkpoints
that specifically target motorcyclists.
10. Conditions for State, Local and lndian Tribal Gov.rnm.nta. State. local and lndian tribal govemmenl
Agencies shall adhere to the standards established by 2 CFR Parl 225, Cost Principles for State, Local,
and lndian Tribal Govemments and additions or amendments thereto, for principles for delermining costs
applicable lo grants and contracts wilh state, local and lndian tribal govemments.
'll. Condltlons for lnstltutlons of Hlgher Educatlon. lf the Agency is an institution of higher education, it
shall adhere to the slandards established by 2 CFR Part 215 Unitorm Adminishative Requiremenls for
Grants and Agreements with lnstatutions ol Higher Education, Hospitals, and Other Non-Profit
Organizations and 2 CFR 220 Cost Principles for Educational lnslitutions for determining costs applicable
lo grants and contracts with educauonal instilutions.
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INITIALS Rcvised 05/201 8
12. Condltlon3 for Non-P.otit Organizrtlon3- lf the Agency is a non-protil organization. it shall adhere to
the standards established by 2 CFR Parl 215 Unibrm Administrative Requirements ,or Grants and
Agreements with lnstitutions ol Higher Educ€tion, Hospitals, and Other Non-Profit Organizations and 2
CFR Part 230 Cost Principles for Non-Profit Organizations for determining costs applicable to grants and
mntracls with non-profit org8nizations.
'13. Condltlon3 for Ho3pltsb. lI the Agency is a hospital, it shall adhere to th€ slsndards sstablishGd by 2
CFR Part 215 Unilorm Adminisfative Requirements for Grants and Agre€ments with lnstitutions of Higher
Education, Hospitals, and Other Non-Profit Organizations.
B. Ganaral Provbionr
1. Contract Chango3. This document contains the entire agreement of the parlies. No olher cont act, either
oral or implied, shall supercede this Agre€ment. Any proposed changss in this contract that would result
in any cfiange in the nature, scope, characler, or amount of funding provided for in his conlract, shall
require a writlen addendum to this contracl on a form provided by the Department.
2. Subcontract3 UHlor Thl3 Contrlct. The Agency shall not assign any portion of the work to be
performed und€r this contract, or oxecute any cont"c;t, amendment or change order thergto, or obligate
itself in any mannor with any third party with respecl to its rights and responsibilities under this contract
without the prior ffitten concurence ol the D€partment. Any subconlract under this conlracl must include
all required and applicable clauses and provisions of this contract. Subcontracting doos not relieve the
Ag€ncy of any of the dulies and responsibilities of this agreement. The subconFactor musl comply with
standards contiained in this agreement and provide intormation thal is no€ded by the Agency to comply
with these standards. The Agency must submit any proposed contracb for subcontracted servic€s lo the
Govemor's Highway Safety Progrsm tor final approval no l6ss than 30 days prior lo acceptance.
3. Solkhatlon for Subcontrac$, lncludlng Procurumsnls ol lulat rhb and Equlprnont. ln all
solicitations, eith€r by competitive bidding or negotiation, made by the Agoncy for work to be pedormed
under a subcontracl, including procurements of malerials or leas€s of equipment, each potontial
sub@nhclor or supplbr shall be notified by the Agency of the Agency's obligations und6r this contract.
Additionally, Agencies making purchases or entering into contracts as provided tor by this contracl must
adhere to the policies and pmcedures of2 CFR Part 200 and North Carolina General Statule 143-128.4.
Historically underutilized business defined; statewide uniform certification as it pertains to Historically
Underulilized Business€s.
a. lncorporotlon of Proyblon3 in Subcontrac-tr. The Agency shsll include the provisions of s€ction A-1
through A-13 ot lhis Agreement in every subcontracl, including procuremenls of materials and loas€s of
equipmenl, unless exemptod by the regulations, or direclives issued pursuant therelo. The Agency shall
take such ac,lion with respect to any subcontract or procurement as the Department, the State of North
Carolina, hereinafrer refoned to as the 'State", the National Highway Traffic Safety Administration,
hereinafter refened to as 'NHTSA', or the Federal Highway Administration, hereinaner refened to as
"FHWA', may direct as a means of enforcing such proyisions including sanctions ror noncompliance.
Provided, how€ver, thal in the event the Agency becomes involved in, or is threatened with, litigalion with
a subcontractor or supplier as a result ot such direction, the Agency may requesl the Departrnent or the
State to enter into such litigation to protect tha inter3sts ot the Ospartment or the State. ln addition, the
Agency may request the NHTSA or FHWA to enter into such litigation to protect the inlerests of the
United States
5. Outsourcing. All wort shall be performed in the United States of America. No work will be ello\rred to be
outsourced outside the United States of America.
6. Proporty and Equipment.
(a) Moinienlnc. .nd lny.ntory. The Agency shall maintain and inventory all property and equipment
purchas€d under this contract.
(b) tftllization. The property and equipment Furchased under this contracl must be utilized by the
Agency tor the sole purpose ot turthering the traffic satety efforls of the Agency for th€ ontire useful
life of the property or equipment.
(c) Title lntere3t. The Department and NHTSA relain title interesl in all property and equipment
purchased under this contracl. ln the event that the Agency fails or reluses to comply with the
provisions of this Agreement or teminates this contracl, the Department, at its discretion, may take
either of the tollowing aclions:(i) Require the Agency to purchase the properly or equipment at f6ir market value or other mulually
agreed to amount; or
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C-ACT INITIALS Rcvis€d 05/201t
(ll) Requne the Agency to transtor the property o( Bquipmonl end lite of said prop€rty or equipment,
if any, to the Oepartmenl or to another Agency, as directed by the Depsnment.
(dl Non..rP.ndabL Proparty. Non-€xpendable prop€rty is defined as prop€rty or equipment having a
value o, $5000 or mor€ with a life e)pectancy ot more lhan one ysar. Non+xp€ndable property
purchased under lhis crntract cannot be sold. fadcd, or disposed ol in any manner withoul the
expr€ss€d writlen permission of th€ Departrnsnt.
7. Educltlonrl ot Oth.r lrttcrhlt. It allow€d, any educstional or other malsrials devoloped usin€ funds
ftom this contract must be revieyved and approved by th€ GHSP prior to their production or purc$ase. The
cost ot thes€ msterials is generally limited to a maximum of $5.00 per item. The purEfl€se of promolionel
items and m€moratilia era nol an allrwable co6t.
8. Revllw of Reporta and Publtcrtlonr. Any reports, pap8rs, publbauons. or other items dGveloped using
funds tmm lhis contracl must be revbyved and approrred by the GHSP prio. to their rebase.
0. Ralmbultement.
(a) Ganaral. Payments are mede on a reimbuBement basis. There is no schedule ol advence paynents.
Only actual allowable costs are eligible for raimbursement. Claims for raimbursomsnl musl bo made
a minimum ol quorlerly and no more than o.r3 a month via lhe Granb Managemenl Sysbm. Claims
for reimbursement not made within the three month thrcshold are subiecl to donial. The itemazed
invoice shall be supporled by documentration of cosls as prescribed by the D€partment.
Reimbursemenls will not be processed if oth€r requircd repons are incomplete or ha\€ nol been
submitted. Fsilure to submit complsto reports by the requirad de8dline moy result in denial of
reimbursement.
(bl Approval. The Govemor's Highway Safety Program and th€ Oeparlment's Fisc€l S€clion shall
epprova tha il6mized invoics prior lo peyment.
(c) Unlpproy.d C6$. Any reiected or unacc€pted costs shall be bome by th€ Agpncy. The Ag€ncy
agrees lhat in the event lh€ Departnont determinBs that, due to Fsderal or Stats regulations that
grant fur,lds must b€ refund€d, the Agency will r€imburs€ the Departmenl a sum of mon6y equal to
tha amount of Fed€ral and Stale participslion an the rejecled costs.
(d) Flnrl Cl.lmr tor R.lmbuE.m.r . Final claims for reimbursement must be received by the GHSP
wilhin 30 davs followino the close of lhe aporoved contract oe*)d. Proiecl funds not claimed by this
dsto are subjoct to rBversion.
(o) Erpondlng Fund! Undst Thl3 Contrlct. Under no circumstan@s will roimburs€ment be mads ,or
cosls incuned prior to the contract efrective date or after the conlracl ending dale.
10. Prorocl Co.b. lt i6 und€rslood and agreed hal the $rork conductod Brrsuant to lhis conbacl shell b€
done on an aclual cost basis by the Ag€ncy. The amount of reimbursement from the Departrnent shall nol
exceed the eslimeted funds budget€d in the appro\red contsact. The Agency shall initiate and prcsocule
to completion all actions Decessary lo eneble lh6 Agency to provide its share ol the proiect cosls al or
prior to th€ conclusion ot the proiect.
11. Progrum lncoms. The Agency shall accounl ,or program income related to proiects financod in whole or
in parl with federal funds in accordance with 2 CFR 200.307. Program income eam€d during lhe contract
period shall be retained by the Agency and deducted from the lederal tunds committed lo the proisct by
the GHSP unless approved in advanc€ by the Federal ewarding agency as an addilion to the prolect.
Program income must be accounted ,or separately and the re@rds made aveilable for audit purpos€s.
12. Proi.ct Oir.ctorr. The Proisct Direclor, as sp€cmed on the signalure page of this Agreement, musl be
an employee ot lhe Agency or lhe Agency's goveming body. Any exception to this provision must have
ths express€d writlen approval of GHSP.
13. R.porb Roqulrad.
(8) Oulrtealy Progress Repott3. Unl€ss olhsnvise directed, the Agencl must submit Quarterly
Progress Reports to the GHSP, on forms provided by the Oepartment, s,hich relloct the slatus of
proiecl implementation and atlainment of stat€d goals. Each progress report shall dessib€ th€ project
status by quarlsr and shall be submilted to GHSP no later than filteen (15) davs afl6r ths end of each
ouarter. ll the Agency fails lo submil a Ouarterly Progress Report or submils an incomplete Ouarterty
Progress Reporl, lhe Agency will be sutject to having claims lor reimbursement withheld. Orrce a
Quarlerly Progress Report that substantiatos adequate progress is received, cosl reimbursemenl
raquests may b€ processed or denied at the disqelion ot GHSP.
(b) Flntl Accomplllhm.nts R.port. A Final Accomplishments Report musl be submitted to the GHSP
wilhin fifteen (15) davs of comoletion of the proiect. on forms provided by the Departmont, unless
othenvise direcled. tt the Agency fails to submit a Final Accomplishments Report or submits an
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AOC INrTIALS Revis€d 05/?01 8
incomplgte Final Accomplishmants Report, the will be subject to having claims for
reimbursement withheld. Once a Finel Accomplishments Report that substantiates adequate progress
is received, claims tor raimbursement may be processed or denied at the discrelion of GHSP.
(c) Audif Repo.l3. Audil reports required in Section A-6 above shalt b€ provided to the Department
within thirlv (30) daYs of completion ot the audil
1 4. Out.of-Slato Trrvol.
(a) Gencral. All out-or-state travel funded under this conllacl must have prior ffitten approval by the
Govemor's Highway Sefety Pmgram.
(b) Requottt. Requests tor approval must be submitted to the GHSP, on forms provided by the
Deparlmenl, no less lhan lhirlv (301 davs orior to the inlended deoarture date o, travel.
(c) Agoncy Trallol Pollcy Roqulred. For Agencies olher lhan stale agencies, out-o{-state travel
requests must inclt de a copy ol the Agenry's lravel policy, to include allowances ror lodging, meats,
and other lravel{elaled expenses. For state agencies, maximum allolvable subsistenc€ is limited to
the prevailing per diem rates as esteblish€d by the North Caroline General Assembly.
(d) Agends R.qulred. Out-of-state travel requests must include s copy of the agenda tor the travel
requested.
15. Conditlons for Lrw Er orcoment. In addition to the other conditions provided for in this Agreement,
grants to law enlorcement agencies are subiecl to the following:
(!) Co mcdbns Roquired.(l) ln-car Camsra or Vldao Sysbm. For any in-car camera or video systom purchased under this
contract, it is required that the oporator of that equipment has successfully complsted
Standardized Field Sobriety Tesling training (SFST). A copy of lhis certificste must be filod with
GHSP prior to roimburs€mont of in-car camora or video systems.
(ll) Radlr. For any radar equipment purchased under this conlract, it is required thal the operstor of
thal equipment has successfully completed Radar Certificalion Training. A copy of this certificate
must be filed with GHSP prbr to reimbursemant of radar equipment.
(iii) Ahohol Scr.ening [bvice.. For any preliminary alcohol screening devices purchased urder
this contract, it is required that the operator of that squipment has successfully completed the
Alcohol Screening TBst D€vice training offered by the For6nsic Tesl for Alcohol Branch.
(b) R.pon R.qulnd - llomhly Enforcemenl D.l! Rapon. ln addition to the r€ports mention€d above,
law enforc€ment ag€ncies engaging in enforcement activilies must submit a Monthly Enforcement
Oata Reporl on the form provided by the Oepartment no lster t'han fifteen (15)
each month. lf the Agency fails to submit a Monthly Enrorc€ment Oata Report or submits an
incomplete Monthly Enlorcement Data Report, the Agency will be subiect to having cost
reimbursement requests wilhheld. Once a Monthly Enforcemenl Dala Report that substantiates
adequate progress is received, cost reimbursement requesB will b€ processed. The agency head
must sign lhe torm. Hotr€ver, the agency head may assign a designee lo sign the form by providing
written signeture authority to lhe GHSP.
16. Condltions for Local Governmental Agenci$.
(a) RGolutlon Requlred. ll the Ag€ncy is a local govemmental entity, a resolution from the goveming
body ot the Agency is required on a form provided by the Oeparlment.
{b} R.soldion Cont.nt. The resolulion must contain a commitmenl from the governing body to provide
the local funds as indicated in this contract. Additiomlly. the resolulion is required even if the funding
is one hundred p€rcent ftom fed€ral sources, as it serves as recognition by the goveming body of
federal funding for purposas o, Section A{ above.
17. Seat Boh Policy and Utg. Agency must adopt and enforce a seat belt use policy required for all seating
positions unless exempted by state law.
18. Text Me$aging Pollcy. Agency must adopl and entorce e policy banning text messaging while driving
unless exempled by state law.
19. Prohlbltsd lnlarosts. No member, ofricer, or employee of the Agency during his or her tenure, and for at
leasl one (1) year thereafter, shall have any interest, direcl or indirect. in this contract or the proceeds
thereof or thererrom.
20. Continued Fedoral and Stste Funding.
(a) Fedarel Funding' The Agency agrees and understands that continuation of this proJect with Federal
tunds is contingent upon Federal lunds being appropriatad by the United Stales Congress specifically
for that purpose. The Agency furlher agrees and understands that in the eveni funds originally
Page 6
AOC INITIALS Rcvised 05/201 8
appropriated by Congress for these grsnts are subsequently reduced by turthsr acis of Congress,
funding to th6 Agency may be proportionately reduced.
(b) Sfsfe Funding. The Agency agrees and understands thal continuation of this proiect with funds trom
the State of Norlh Carolina is contjngent upon State funds being appropriated by the G€neral
Assembly specifically for thal purpose. The Agency also agrees that any stale funds recei\red undar
this contracl are subjecl lo the seme lerms and conditions stated in this Agreement.
21, Portormanco. All grants provided by the Govemor's Highway Sefety program arc performance-based
and, as such, reguire that continual progress be made toward th€ reduclion ol the number and ss\rerity of
traffic crashes, Any agency, whose performance is d€emed unsatisfaclory by the GHSP, shall be subiect
to the sanctions as provided for in this contract. Additionslly, unsatislactory perfo.mance shall be caus€
for the Oepartment lo reduce or deny future funding.
22. Re3oltttlon of Dbputes. Any dispute conceming a question of fact in connoction with the work not
disposed ot by contract by 8nd between the Agency aM the Department, or otheMis€ arising b€lws€n
ths parties to this contract, shall be rerened to the Sscretary of the North Carolina Department of
Transportation and the authorized ofiicial of the Agency for a n€gotiated settlemenl. ln any dispute
conceming a question ol lact in connection with the proiecl where such nsgotieted set0ement cannot be
resolved in a timely fashion, the linal decision reg€rding such dispute shall b6 made by he Secretary ol
the Norttr Cardina Departtnent of Transportation, wilh th€ concunence of ths Federsl funding sgency,
and shall be fnal and conclusive for all parties.
23. Deprrtmant H.H HarmL33.
(8) For Slrte Agencio3. Subject to ths limitations of the North Carolina Tort Claims Act, the Agency shall
be responsible lor its own negligence and holds harmless the Oepartment, its oficers, employees, or
agents, from all claims and liability due to ils neglig€nt acts, or the neglig€nt acts of iG
subcontractors, ag6nls, or employees in connection with their servic€s under this contract.
(b) For Agencia3 Othar Than Stato Agonclos. The Agency shall be responsible for its o,vn negligence
and holds harmless the Deparfnent, its officers, omployees, or agents, trom all claims and liability
due to its negligenl acts, or the nGgligenl acts of its subcontractors, agents, or employees in
connection with their seMces under this conFacl.
24. Rocord3 Acc6ss and Rotor lon. The Agency shall provide all information and reports required by the
regulstions or directives issued pursuant therato, and shall p€rmit access to its books, rccords, accounts.
other sources o, information, and its facilities as may be delermined by the Oeparlment, the Slate,
NHTSA, or FHWA, as appropriate, to b€ perlinenl to ascertain complianc€ with such reguletions, orders
and instructions. Furthermore, the Ag€ncy shall maintain such materials during the contract period, and
tor five (5) ysars from the date ot fnal payment from lhe Oepartment or until all audit exceptions havo
been resolvad, for such inspection and audit. Where any information required of the Agency is in the
exclusive possession of snother who fails or refuses lo fumish this informstion, th€ Agency shall so certify
to the Deparlment, State, NHTSA, or FHWA, as appropriate, and shall s€t torth what offorls it has made
to obtain the intormation. Pursuant to N.C.G.S. 514764.7, the Department, the State Auditor, appropnate
federal oflicials, and their resp€ctive authorized employees or agents are authorized to examine all
books, records, and accounts of the Agency insofar es they relate to transactions with any dapartment,
board, officer, commission, institution, or other agency ot lhe State of Norlh Carolina pursuant to theperformance of this Agreemenl or to costs charged to this Agreement.
25. Sanctiom tor Non-Compliance. The applicent Agancy agre€s thal if it tails or refuses to comply with
any provisions and assurances in this contract, lhe Oepartment may take any or all of the following
actions:
(a) Cancel, terminate. or susp€nd lhis contract in whole or in parl:
(b) withhold reimbursement to the Agency untit satisractory compliance has been attained by theAgency;
(c) Retrain from- extending any turlher funding to the Agency under this contract with respect to wh,ch the,ailure or relusal occurred until satisfactory assurance ol future compliance has been received lrom
the Agency,
(d) Refer the case to the united states Depanmenr of Jusuce for appropriare legar proceedings.
26. Csnc€llation, Temination, or Suaponslon of Contrac{.
(a) By tho Dapldmcnt' For noncompliance with any ot the said rules, regulations, orders or conditions,due to management dericiencies or cdminal activity this contract may be immediately canceled,terminaled, or suspended in whole or in part by the Departmenl For noncomptiance noi inoic.tiu.ormanagement deliciencies or criminal activity the Department shall give sixty i6o) oays written noiice
Page 7
A(r INITIALS Rcvis.d 052018
30. Agency Fiical Ysar. The end date for lhe Agency's lisc€l yea r is June 30
3l. Slgnatum. By signing below, the Agency agrees to adhere to the tetms and conditions of lhis Agreement
AGENCY PROJECT DIRECTOR
TITLE
Financial Supporl Tech
ADORESS
3950 Juvenile Center Road
Castle Havne. NC 28429
S Gr/,,DATE
06/20/2022
TELEPHONE NUMBER
9 t0-79E-4507
AGENCY AUTHORIZING OFFICIAL
/ NAME
Timothy C. Burgess
TITLE
Deputy County Manager
z18D6t"?*,r"^, cenler l)rive
Wilmington. NC 2E403
S OATE
z/ae/a..t
TELEPHONE NUMBER
910-79E-7 | 84
<----{cENcY orrrcrar- atmronrze D TO RECEIVE FUNDS
NAME
Eric Credle
TITLE
Chief Financial Officer
ADORESS
23() Cqv6rnrngrl Center Drive
Wilmington. NC 28403
SIGNATURE0; t (.-La,-
DATE
rIz-r\r u
TELEPHONE NUMBER
9 t0-798-7 I -14
Pagc E
to take coneclive aclaon. lr lhe Agency has not taken the appropriate conective sction afler sixg (60)
days the Department may cancel, temlnate, or susp€nd lhis contract in whole or in part.
(b) By mutull con..nt. The Agencf or lhe Elepartment may terminate this contract by providing sirty
(60) days advanced written notice to th€ other p€ity.
(cl Unerp.nd.d funda. Any unexpond€d funds remaining after c€ncelalion or lermination will revBrt lo
the Department.
27. Gompletlon D.t6. Unless olhenyise autho.ized in writing by the Deparunent, ths Ag6ncy shall
commsncs, carry on, and complete the proi€ct as described in the approv€d Highway Sefety pmject
Contract by Septemb€r 30 oI the Fetleral fiscal year for wtlich it was approved.
2E. E-Vority rrqulEm.ntr. It this conFact is subj€ct to NCGS 14$133.3, the contrador and its
subcontractors shall comply with the requirements of Artide 2 of Chepter 6.4 of the NC G€neral Stslutes.
29. Cdtlficrtion of Ellglblllty Under th. lnn Dlvr.tmenl Act Pu6uant to G.S. 147{6.59, any person
idontified as angaging in inv€stment activitios in lran, dotermined by appearing on tho Final Divsstmont
List created by the Stale Treasurer pursuant to G.S. 147€6.58, is in€ligiblo to contract with the State of
Norlh Carolina or any political subdivision of the Slate. The lren Divestment Act of 2015, G.S. 147-55et
soq. requiras that eacfi Agency, prior lo confading with the StBte cerlity, and the undersigned Agency
Authorizing Ofricial on behalf ot the Agency do€s heGby c6rlity, to th6 following;(!) Olat the Ag€ncy is not now and was not al the time of the execution of the Contract dalad belor.v
identified on lhe Final Divesttnenl Ust ot snlilies that lhe Stete Troasurer hes dotemined engages rn
investrnenl activities in lran;
(bl hat ths Agency shall not utilize on any contrsct wilh the Stats agency any subcontractor that is
idsntified on the Final Divastrnent Ust and
(c) lhat the und€rsigned Ag€ncy Authorizing Official is auhorized by the Ag€ncy to mako this
C.ertilication.
NAME
April Collins
A. Federal Provisions:
1. Equal Opportunity/Nondisciimination, 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 Vl of the Civil Rights Act of 1964 (42 U.S.C- 2000d et seq., 78 stat. 252);
(b) The Uniform Relocation Assistance and Real Property Acquisation Policies Act of 1970, (42 U.S.C.
4601)
(c) Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title lX of the Education Amendments
ot 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686);
(d) Non-Discrimination in Federally-assisted programs of the United States Department of Transportation
- Effectuation of Title Vl of the Civil Rights Act of 1964 (49 CFR Part 21), hereinafter referred to as
"USDOT", as amended;
(e) Section 504 of the Rehabilitation Act oI 1973, (29 U.S.C. 794 et seq.), as amended, and 49 CFR Part
27 . and
(f) The Age Discrimination Act of 1975, as amended (42 U.S.C. 6101 et seq.);
(g) The civil Rights Restoration Act of 1987, (Pub. L. 100-209);
(h) Titles ll and lll of the Americans with Disabilities Act (42 U.S.C. 1213'l-12189) and 49 CFR parts 37
and 38:
(i) Executave Order 12898, FederalActions to Address Environmental Justice in Minority Populations
and Low-lncome Populations;
(l) Executive Order 13166, lmproving Access to Services for Persons with Limited English Proficiency
2, Drug Free Workplace. The Agency agrees to comply with the provisions cated in the Drug-Free
Workplace Act of 1988 (41 U.S.C. 8103).
3. Federal Grant Requirements and Contracts, The Agency shall comply with the following statutes
and
implementing regulations as applicable:
(a) Highway Safety Act of 1966 (23 U.S.C. Chapter 4 r, as amended;
(b) Sec. 1906. Pub. L.109-59, as amended by Sec.401'1, Pub. L. 114-94;
(c) Unaform Procedures for State Highway Safety Grant Programs (23 CFR part 1300);
(d) Uniform Administrative Requirements, Cost Principles, and Audit Requirements for FederalAwards (2
CFR Part 1201);
(e) Uniform Adminiskative Requirements, Cost Principles, and Audit Requirements for FederalAwards (2
CFR Part 200) and all other relevant Federal regulations covering the Highway Sarety Program,
(f) NHTSA Highway Safety Grant Funding Guidance. as revised, July 2015 (www.nhtsa.gov) and
additions or amendments thereto.
4, Political Activity (Hatch Act) TheAgencywill 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.
5. Lobbying.
(a) Certification Regarding Federal Lobbying. The undersigned 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 offlcer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal amendment, or modification of any Federal contract. grant.
loan, or cooperative agreement.
(ii) lf any funds other than Federal appropriated funds have been paid or will be paid to any person
,or 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 undersigned 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 cooperalive agreements) and that all subrecipients shall certify and disclose
accordingly.
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 3'l , 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 vvill 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.9., "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 oflicials, 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.
6. Audits.
(a) Audit Required. Non-Federal entities that expend $750,000 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 2 CFR, Subpart F, 5200.500. Guidance on determining Federal awards expended is
provided in 2 CFR, Subpart F, 5200.502.
(b) Single Audat. Non-Federal entities that expend $750.000 or more an a year in Federal awards shall
have a single audit conducted in accordance with 2 CFR, Subpart F, 5200.501, except when they
elect to have a program-specific audit conducted in accordance with 2 CFR, Subpart F, 5200.501.
paragraph (c).
(c) Non-Governmental Entities. Non-governmental entities (not-for-prollt and for-profit entities) must
adhere to North Carolina General Statute 143C-6.22 and 09 NCAC Subchapter 03M.
7. lnstructions for Lowei Tier certification.
(a) By signing and submitting this proposal. the prospective lower tier participant (the Agency) is
providing the certification set out below and agrees to comply with the requirements of 2 CFR Parts
180 and 1200.
(b) The certification in this clause is a material representation of fact upon which reliance was placed
when this transaclion was entered into. lf it is later determined that the prospective lower tier
participant 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 or debarment.
(c) The prospective lower tier participant shall provade immediate written notice to the person to which
this proposal is submitted if at any time the prospective lower tier participant learns that its
certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
(d) The terms covered transaction, civiljudgement, debarment, suspension, ineligible, participant,
person. principal. and voluntarily excluded, as used in this clause. are defined in 2 CFR Part 180 and
1200. You may contact lhe person to whom this proposal is submitted for assistance in obtaining a
copy of those regulations.
(e) The prospective lower tier participant agrees by submitting this proposal that, should the proposed
covered transaclion be entered into, it shall not knowingly enter into any lower tier covered
transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred,
suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction,
unless authorized by the department or agency with which this kansaction originated.
(f) The prospective lower tier participant turther agrees by submitting this proposalthat it wrll include the
clause titled "lnstructions for Lower Tier Participant Certification" including the "Certification
Regarding Debarment. Suspension. lneligibility and Voluntary Exclusion - Lower Tier Covered
Transaction," without modification, in all lower tier covered transactions and in all solicitations for
lower tier covered transactions and will require lower tier participants to comply with 2 CFR Parts 180
and 1200.
(g) A participant in a covered transaction may rely upon a certification ot a prospective participant in a
lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4,
debarred. suspended, ineligible. or voluntarily excluded from the covered transaction, unless it knows
that the certification is erroneous. A participant is responsible for ensuring that its principals are not
suspended, debarred, or otherwise ineligible to participate an covered transactions. To verity the
eligibility ot its principals, as well as the eligibility of any prospective lower tier participants, each
participant may. but is not required to. check the System for Award Management Exclusions website
(https://www. sam. gov/).
(h) Nothing contained in the foregoing shall be conskued to require establishment of a system of records
in order to render in good faith the certilication required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in lhe ordinary course of business dealangs.
(i) Except for transactions authorized under paragraph 7(e) of these instructions, if a pa(icipant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or
voluntarily excluded from participation in this transaction, 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 or debarment.
U) Certitication Regarding Debarment, Suspension, lneligibility and Voluntary Exclusion -- Lower
Tier Covered Transactions.
(i) The prospective lower tier participant (the Agency) certifies, by submission of this proposal, that
neither it nor its principals is presently debarred, suspended. proposed for debarment, declared
ineligible, or voluntarily excluded from participation in covered transactions by any Federal
department or agency.
(ii) Vvhere 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.
8. Buy America Act. The Agency and each subrecipient will comply with the Buy America requirement
(23
U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient,
to purchase with Federalfunds only steel. iron and manufactured products produced in the United States,
unless the Secretary of Transportation determines lhat such domestacally produced items would be
inconsistent with the public interest. that such materials are not reasonably available and of a satisfactory
quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more
than 25 percent. ln order to use Federal funds to purchase foreign produced items. the State must submit
a waiver request that provides an adequate basis and justification for approval by the Secretary of
Transportation.
Certification:/Date:zz
Timolhy C. Bu [,4anager
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQU EST FOR BOARD ACTION
MEEflNG OAt*7ltLl2O22
Consent
DEPARfMENT: Sheriff PRESENTER(SI: Chief Deputy Ken Sarvis
CONTACT{S): Chief Deputy Ken Sarvis
5U BJ ECT:
Adoption of the N.C. Govemor's Hithway Safety Program Local Govemment Resolution
BRIEF SUMMARY
The N.C. Governor's Highway Safety Program Regional Forensic Laboratory Grant will continue the current funding of
the existing Forensic Laboratory Chemist position, lab supplies and travel and training costs from October 1,2022 lo
September 30, 2023.
The request to apply for grant funds was approved by the commissioners on the .,anuary 24, 2022 agenda. The
Governor's Highway Safety Program has requested an updated approved resolution to reflect the actual amount of
the grant request. The actual amount is 5102,183, which is 56,031 over the resolution approved on January 24 for
595,152. No match is required.
STRATEGIC PLAN ATIGN MENT:
Superior Public Health & Safety
o Sustain the community capacity to prepare for and respond to public safety demandsr Reduce or prevent community risks
RECOMMENDED MOTION Ati|D REQUESTED ACTIONS:
Adopt the Governor's Highway Safety Program Local Government Resolt tion
ATTACH M E1{TS:
Gl-lSP F/22-23 Resoldio.r
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5-0.
Board of CommissioneB - July 11,2022
|TEM: 3
Resolution
North Carolina Governor's Highway Safety Program
LOCAL GOVERNMENTAL RESOLUTION
WHEREAS,*" New Hanover County Sheriffs Office
"Agency")
Cnt Appllcanl Agacy)
has completed an application contract for traffic safety funding;
?
and rhar New Hanover County
tn|c Goltrnhg Eodyot$. Aouncy)
(herein called the 'Goveming Body') hes thoroughly considered the problem
THEREFORE,Now BE rr RES'LVED
",,r
rr= New Hanover County IN OPEN
(Go!.rn'rE Eody)
MEETTNG ASSEMBLED tN THE CtTy OF Wilmington NORTH CAROLINA,
-r,a 11 oo"o, July ,2o22 .AS FoLLows:
1 . ThBt the Proisct referenced above is in the best interest of the Governing Body and the general public; and
,n", New Hanover County Sheriffs Office is authorized to rite, on behatf of the Govemins
(Namo ard Tite of Repr.srnLrdvo)
Body, 8n aPPlication contract in the form prescribed by the Governois Highway Safoty Program for tederal
funding inrheamounrof s $ 102,183.00 lo be made to the Goveming Body to assist in defraying
(Fade-al Doll€r R.qu6t)
the cost of the proiec,t described in the conlrect application; and
3. That the Goveming Body has formally appropriated lhe cash contribution of $0.00 as
(Loc.l C..h At'pEprhdon)
required by the pro,iecl contracti and
4. That the Project Dkeclor deEignated in tho application contract shall fumish or meke anangement for other
appropriate persons to fumish such intormaliofl, data, documents and reports as required by tho contrac,t, il
approved, or as may be required by the Govemods Highway Safety program; and
5. That certilied copies of this resolution be included as part of the contract referenced abovei and
6. That this resolution shall take effect immediatety upon its adoption.
DONE AND ORDEREO in op€n meeting by
(ChaiDo6dr,U.yor)
ATTESTED BY
{cbrk)
DATE
rJ Iri
o
Ir'tlt
Rev. 7/l I
(harein called the
Commissioners
identilied and has reviewed ths project as descib€d in the contracl;
North Carolina Governor's Highway Safety Program
SECTION A - GENERAL INFORMATION
tv/oJect Tltle: ' FY 2022 - 2023 GHSP NHSO Forensk Laboratory Grant
2. Agency:
1000000099 - NEw HANoVER couNw
4. Agency Addrossl
SHERIFF
3950 JUVENILE CENTER RD
CASTLE HAYNE. NC 28429
7. Physical Location o, Agency
3950 Juvenile Center Road
Castle Hayne, NC 28429
9. Federal Tax lD Number / Type of Agency
Federal Tax lD Number: ' 5ffi000324
Unhue Entityldentifier: FTTLT2GMEJEI
County: ' NEW HANOVER
Typ€ ol Agency
C State C Non-Profit
6 County C Higher Education
C Municipality C Hospital
P€rsonnel Costs
Contractual Services
Other Oirect Costs
lndirecl Cosls
10. ProJect Year
C Nerv
Year: C 1
Fiscal Year 2023
1 1. Alloc€tion of Funding '
Federal % '100.00 Local o/o 0.00
s77,183.00
$6,5oO.OO
$18,500.00
$77,183.00
$6,500.00
sr8.500.00
lroget
$102,r 83.00Total Project Costs
13. S How Non-Federal Share Will Be Provided:
Any match share would come ftom NHCSO budget and contributions from parlnar agencies.
PO€ct Number;CFDA#: 20.
Work Type:
SECTION B - DESCRIPTION OF PROJECT
Statoment of Problem (Ptovid. dgl^ilgd inlo?,,,ol/{Jh d lho high*ay satety pto6,bms in ,sr arao to bo addr.EEcd lttr,ugi lhjs projcct. lncr!&
@u*N:.b cra{t drl, fd a t,'a fi,r?6 WB aN aay &.t '!'vat{ Mi fg t4'ffdab ,r. sfsbzrr,s. Fo, npro da cd lnlo.fidi,. ec 11ow b write aaolhit db 6,&,ty p,p/cf,,'rorate<t d:
tflbttl@at6olo&.@vhnunlci lilb',.au+n orr'/l|d,'tlP!8aalt-ru-Enlort'n1. qco.,nirfr-asp|i
Oemographic Area
New Hanovor County (NHC) is located in the southeasl region of North Carolina (NC). Based on land size, il is ths second
sFrllesl county in the slate of NC, however, the county is listed as one of the most populous in the slate, as it's home to on€ oft- -tate's largast cities, Wilmington. Other municipalities in NHC include Wrightsville Beach, Carolina Beach and Kurs Beach.
NFrc operales as a manager-council form of govemment. While the county consists of 328 square mil€s in total, 192 square
miles, or 58% consists of land and 137 squere miles or 42% consist ofwater.
According to the 2020 Census Bureau, NHC'S population is €stimated al 225,702 residonls. Of th6 estimalod population. 590/6 of
Page I of 5
l
3. Contact Person for Ag€ncy:
April Collins
5. Telephon€ Numbar:
910.7984507
6. C€ll Phone:
(9r0) 2974585
8. Email of Contacl Person
acollins@nhcgov.com
(. Conlinuation
c2 c3 G4+
Source of Funds
Fsderal Amount Staterlocal AmountTotal Project Amount
3102,183.00
resident range from 19 lo 64 years old while 180/o are 65 years of age oI older. NHC ancompassos a 13.4 % population of black
or African American residenls. 5.6 % Hispanic or Latino residents, whil€ 4.4 % of the populalion consists of multiple racas.
Additionally, the 2020 US Census Bursau staled the average residont size por household is 2.3 occupants. Notably. 40.6 oh ol
rr<ldents achieved a Bachelo/s degree or highor. Between 2015 to 2019, th3 median income of residenls was comprised of $
._ 31. Nevertheless, NHC continues to €ncompass a signilicant poverty ftle ot 10.2 o/o.
Agency Demographics
Ths New Hanover County Sheriffs Offic€ (NHCSO) is lhe primary law enforcament agoncy within ths county, omploying ovsr
five hundred gmploye€s to include depulies, dstention officers and civilians. NHCSO is a fully functaoning law enforc€ment
agoncy comprised ot six (6) separate divisions, including all significant law enforcemont disciplines such as Judicial Services,
Patrol, ViceNarcotics, Criminal Det€clives, Detention and Support Servic€s. ln August of 2019, th€ National Sheriffs
Association awardod our ag€ncy wirh tho Triple Crorvn Award. (NSA).' NSA establish€d th6 Triple Crown Award to rocognize
those Sherltrs Offices that achiove simutlanaous accredilalion from the Commission on the Accreditation of Law Enforcoment
Agenci€s (CALEA). the American Conectional Association's Commission on Accaoditation for Consc{ions (ACA} and th€
National Commission on Conecrtional Hoalth Care (NCCHC). Achieving these accreditations individually is a daunting task.
Acquiring all three al the same time is an extraordinary feat. The Triple Crown distinction is so rare that since the establishment
of the award in 1993, lewer then 100 Sheriffs Offices have qualilied. Our agency is the lirst Triple Crown reclpient in the state ol
North Carolina and the 64th rocipionl nationwide.
ln addition to the Triple Crown award, NHCSO assumed responsibilily and managem€nt of the Wilminglon Police Departrnent
Crime Laboratory. eftectivs July 1st, 2019. This agreement included all equipment, personn6l and runclions ofth€ Crime Lab.
The transition was a lremendous und€rtaking for NHCSO that will ultimately continue and expand the rsgional for6nsic lab lo
servica all parlner ag6nci6s crrnently in agreement with the NHCSO Forensic Lab, and expand to oth6r iurisdictions requiring the
expertise of the NcHso Forensic crime Lab.
The NHCSO Forensic Lab will mainlain continuity of operations, providing analysis for casework submitted by partnar agenciss
to ensure afieclive investigation and prosecution of crime and offenders with consistent, reliable testing and results. Since
NHCSO assumod full responsibility for the forensic laboratory, the bb has concentrated on Blood Alcohol Conlenl (BAC)
training, rewriting policies and accreditation. On December 27th, 2019, NHCSO's Forensic Lab achieved the ANSI Nalional
A"^reditation Board (ANAB) accreditalbn. ANSI and ANAB are a nongovemmental organization that provide accreditation
r c6s and training lo public and private-sector organizations, serving the global martetplace. Foderal, stale and local
ait6orities rely on ANAB accredrtation to demonstrate value and assure compotency for critical public prioritios.
For mosl agencies aiming to be awarded the ANAB accreditation, the process csn take six months to one year to become fully
accredited. The NHCSO Forensic Lab was able to complete lhe process and become tully accredited in six months. The timely
completion was another tremendous success ,or lhe lab personnel and the agency as a whole. Continuing the agency's regional
jurisdiclioflal s€rvice expansion, the NHCSO Forensic Lab ne€ds to expand forensic capabilities to serve our regional agsncies'best.
Tha Lab provides service to include some law enforcsmsnt agenciss (but are not limited lo) : Psnd€r. Brunswick,
Columbus, Duplin and Onslow counties.
Problem Description
The lal€st statistics show that NHC is ranked number 25 for overall traffc fatalities and numb€r 14 for alcohol-relatsd ttaffic
fatalitios. The regional laboratory services ovsr 40 law enforcoment agencies in the oastsm ragion of North Carolina, including
the State Highw;y Patrol, with plans to extend to other judsdictions within tho region. Th6 r€gional Forensic Laboratory
decreases tf,e SGte Lab's workload and ensuras quick results of forensic testing within the region. The regional forensic hb has
a seven business day tumaround for results while providing a 48-hour tumaround al special request for agencies in extreme
iircumstances. Laboralory employees app€ar in courl lor testimony clnsistently to ensure support for the criminal iustice
pio.""", notir.t "peci..'n
testinj. lhe lab requires multiple employees, to include multiple Laboratory Chemists. All employ€ss
ir" reqrir"a io mei educationat riquirements lor their positions by attending ln-Stale and Out'of-Stats training that is not
inctuOjO in tne UuOget. Supplies fo; the laboratory are needed to test the samples lor cases submitted from around the rogion.
pfoposad SolUtiOnJ Begin with e one-sentence summary d yoot poiacl Then descdbo in dotait how Wur proposed prorecl wdl tddlgss tho prot/om
idontified in the 'Slal3menl ol P@AGfi' socl*rn )
The proposed Fy ZOZZ-2OZ} GHSP NHSO Forensic Laboratory Grant will begin Oclobet 1, 2022. and end on Septembor 30,
iijii i[" gr"nt rril fund the satary and b€nslits for the Foransic Laboratory Chemist (100%). By funding the requested position,
in" iOaitiori"f Forensic Chemist will equalize the wo*load ol cases to test and analfze per chemist while also addressing the
i' - -; .i"mng n*d. Although a Forensic Chemist can p€rform all duties that a Laboratory Technician can perform' a Laboratory
'lfArniciin ca"nnot p€rform ;ll the tasks that a Forensic Chsmist can p€rform, such 8s lab roviews and analysis Additionally, the
go;t ;fitrnO needed supplies and training costs lo 6nsure.that all p€rsonn€l are meoting the required educational requirements
ior their position with the most up-tMate inlormation avaihble
Page 2 of 5
BudggtJlatific{lg[ ercvido a dotelled explonotio, ot l,|o costs assoc i.ted widl No.E,sod ptolod}
The grant \,vill fund th€ salary and benefits for lhe Forensic Laboratory Chemist and ne€d€d supplies, €quipment and training
cAcls to ensure thal all personnel are me€ting lhe required educational requirements for their positions with the most up-todatei nation available. The cofltracl to supporl the Trace 1310 Chromatograph is annual and will be increased by $ 10O0.00 this
yEUi. Additionally, DWI testing instruments will require servicing as issues arise to keep equipment in excellenf condition and
continue a constant exp€dited and accurate wor*llow. Funds will also be needed to rephce fragile vials and caps lor testing.
Travel JusllilCdlotr lProv** tustiffcatton r$ .N ,!,vet axponses):
Due to Covid-19 restrictions, there are limiled opportunities for Out-of-Stale travel. The NHCSO Forensic Laboratory will use the
ln-State travel for training to meet highway s€fety goals. Additionally, Out-of-State travel funds will be used lo attend virlual
conferences, as well as training such as the lntemalional Association for Chemical Testing (IACT) or the American Academy oI
Forensic Science Conferenco (AAFS) ,or updated training of Forensic Ch€mists in consideration of any cunent public h€atth
restriclions.
odalAgy.LD! s&aljlas/Lau-Enlotcement/Paoas.Law-Enlorc2mont-Re.ntuno aspll
Year 2019 Oc@pant Protection Citations 108 DWI CitEtions 84 Speed Citations 1,366
Yeat 2O2O Occupant Protection Citations 83 DWI Citations 82 Sp€ed Citations 1.399
Yeat 2021 Occupant Proteclion Citations 72 DWI Citations 57 Spe€d Citations 4,gOE
Goals and ObJectives (Ptovide at ledsl one SMART (Swcific. Measurable. Attainable, Reatistic and Timely) goals and
lltlp$://connesl.nadolgoy/municipalitiog.Lay-EolarcatrenllPaCagLaL-EnlscenonLRapedlog,as,u)
Goal#1: Reduce alcohol related fatalities in New Hanover, Pender, Brunswick, Columbus. Duplin and Onslow Counties by
20olo from the 2016 - 2020 average rank of 35.6 to 28 by S€ptembsr 30, 2023.
Objectives: Obioctives: 1. Maintain blood alcohol servicos to over 40 North Carolina law enforcem€nl agencies, including all six
(6) counties in the eastem region: New Hanover, Pender, Brunswir,<, Columbus, Duplin and Onslor,v Counties.
2. Reduce workload submitted to the NC Stats Crims Laboratory. Dscrsaso overall wait limes for
ag€ncies lor case results. lncrease the numb€r of samplos t€rt€d per month by 5% to 105 per month.
3. Maintain thg tumaround time or results at '10 busin€ss days or bss for Dw|-rBlated cases.
Goal #2:
Obioctives
Provide the agency's number of swom ofiicers 398
Does the agency cunently have a dedicated traffc or DWI unit?YesG No C
lf a dedicated traflic or OWI unit e)(ists, how many ofticers are assigned to the unit?7
Overall Fatality Ranking 25
Alcohol Fatality Ranking
Unrestrained Fatality Ranking 46
28s 'd Rolated Fatalities
Applicable Rankings: (Spocify)
Obioctives
Page 3 of 5
Glr6l #3:
To be completed by law enforcement agancies seeking first year grant:
For applicants requ€sting €nfo.crmenl grants, please provide th€ fiollowing county fatality rankings:
lnlotmalion can be located at:
14
As part of this proiect all law enfor@ment agencies must enter traffc enforcement c ations data o, their agency for the past three
years.
ObiBctivos:
tv -.duce NC's trsllic{elated fatalilies by 12%trom the 201''2019 average ol 1,427 lo 1,255 by Oecomb€t 31,2023.
X Reduce NC's alcohol-relaled falalities by l0% from the 2017-2019 average ol 3801o 342 by December 31,2023.
E Reduce NC's unrestrained fatalitios by 10% from tho 210$2109 average of 4OO to 365 by Oece;ber 31. 2023.
E Reduce NC's speed-relaled fatalities by 10% from th6 2'107-2019 average ot352to 317 by Docember 31,2023.
!Reduce NC's young driver-involvod falal crash€s by t07o from the 201!2019 avBrage of 160 to 149 by Oecsmb€r 31, 2023
I Reduce NC's molorcycle falalilies by 5olo ftom the 2015-2019 average of lgOto lElby Decamb€r 31,2023.
I lncrease NC's seat b€lt usago rats 2.9 porcantago points fom 87.1 porc€nt ln 2020 to g0% by December 31, 2023.
*Posltion
1 Activity Hours for Forensic Laboratory Chemist
Porsonnel Fdnge Benelits
Fringo for Forensic Laboratory Chomist
*
1
Total Salaries Cost
Sdlry
$55,045.00
$55.045.00
CoEl
$22.138.00
$22,138.00
$77,183.00
elow are the s-yeai goals of the NC Governor's Highway Safaty Program (GHSP). To be eligible foi funding, your trafflc
ty proiect should match one or more of the GHSP goals. Check all that applyE
SECTION C - BUDGET DETAIL
Personnel Costs
Contractual Services
#
1
Contraclual Service To Be Provided
Trace 1310 Gas Chromatograph - Annual Service
Cost
Total Contractual Services
s6,500.00
$6,500.00
Other Direct Costs
f Equipm.nt C€p Amount
Total Equipment Cost
Other Equiprnent Details : IVA
# Odrer fiem and Equhrner{ Di]€ct Coct:. (@d Ltnlted to Lcss fhut $SON fut//tcn)
1 NIST - Trac€able Ethanol Slandards
2 Vials and Caps (standard and headspace)
3 Diluter Calibrations and Routine Maintenance Supplies
4 Trace 13!0 Gas Chromatograph - Routine Maintenance Supplies
Total Other ltems and Equipment Oirect Cost
* Traval
1 ln-State Travel
2 Out-ol-State Travel
Total Travol Cost
Total Other Direct Costs
Cost
C6t
$2,000.00
$4,200.00
s300.00
$1.O00.00
$7,500.00
Cost
sr.000.00
$10.000.00
$1 1.000.00
$ 18,500.00
L, - re schedule of tasks by quaders. referring spe
aclrv lres to be performed ln each quarter
a II
cl ca o
I
Condltlons for Enforcement Proiocts Only
v
Page 4 ol 5
ves n on s U a U
Total Fringe Ben€fits Cost:
Total Personnel Costs:
Ouantity
v ve agency agrees as as rs
projecl.
l..-,
A minimum of one ('l) nighuim€ and one (1) daytime s€at bett initiative per rnonth;
A minimum of one ( l ) impaired driving checkpoint per month;
A minimum of 50% of seat bett initiatives must b€ crnduct€d at night between the hours of 7:00 p.m. and 7:00 a.m.;
Parlicipation in all 'Click lt or Ticket'and 'Booze lt & Lose lt" campaigns;
Parlicipation in any event or campaign as required by the GHSP;
Attempt to utilize one otlhe Forensic Tests for Alcohol Branch's Mobile Breath Alcohol Testing (BATMobiles) units
during at least one of lhe impaited driving checkpoints.
First Ouarter (October, November, December)
Follow up with all served agencies to obtain feedback on servi@s and discuss shared future funding ol the program.
-Track statistics tor the number of DwI{elated cases received by the Forensic Laboratory Chemisl.
-Track sl,atistics tor the number of Dw|-related cases analfzed by laboratory personnel
-Provide statistics for: Average lumaround time for Ow|-cases, numb€r of subpoenas rscrived , numbor of court appearancas,
number of times testiried and areas of experl teslimony.
-Provide updated information on Tratfic Safety and Blood Alcohol Contenl rolated to conferences.
Second Quatter (January, February, March)
-Track statistics for the numb€r of Dw|-related cases received by the Forensic Laboratory Chemisl.
-Track statistics for the number of Dw|{elated cases analfzed by lsboratory personnel
-Provide statistics tor: Average tumaround time for DW|-cases, numb€r of subpoenas received , number ol courl appearancos,
number ot times t€stified and areas of experl testimony.
-Provide updated information on Trafnc Safety and Blood Akohol Contsnt rslated to conferenc€s.
Third Quarter (April, May, June)
-Track statistics for the numb€r of Dw|{slated cases recoived by the Forensic Laboratory Chemist.
-Track statistics for the numb€r of Dw|{elated cases anatyzed by laboratory Personnel
-Provide statistics for: Average tumaround time for Dw|-cases, number of subpoonas received , number o, court appearances,
number of times lestified aM areas of exp€rt testimony.
-Provide updated inlormation on Traffic Safety and Blood Alcohol Contenl related lo conferences.
t -- fi Quarter 1July, Augusl, September)
-Track statistics for the numb€r of Dwhelated cases received by the Forensic Laboratory Chemist.
-Track statistics for the number of Dw|{elated cases analyzed by laboratory personnel
-Provide statistics for: Average turnaround time for Dw|-cases, number of subpoenas received , number of courl appearances,
number of times testilied and areas of exp€rl tostimony.
-Provide updated inlormation on Traffic Safety and Blood Ahohol Content relat€d to conter8nces.
Reporl all statistics for the grant period including: number of agencies served: results ol survey on services provided to all served
ag€ncies in the six county region; progress of a combined financial supporl efiort for the regional agencies; number of DWI-
related case completed: average tumaround time for all completed c€sesi total number of subpoenas, oourt appsarances and
testimony for DwFrehted cases.
AGENCY AUTHORIZII{G SIGl{ATURE
I have read and accept terms and condilions oJ the grant funding and atlached the Grant Agreement. The inlormation
supplied in this aPPlication is true to the bBst of my kno,vledge
Name PIN Date
s
Note:
1. Submitling grant application is not a guarantee of grant being approved.
2. Once form has been submitted, it cannot be changed unless il has a status of "Retum'
FOR GHSP USE ONLY:
Re"ommendation:
Dale:
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