HomeMy WebLinkAboutAgenda - 04-05-2016 - 6-d - North Carolina Governor’s Highway Safety Program - Orange County Sheriff’s Office Traffic Safety Project 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: April 5, 2016
Action Agenda
Item No. 6-d
SUBJECT: North Carolina Governor's Highway Safety Program: Orange County Sheriffs
Office Traffic Safety Project
DEPARTMENT: Sheriff's Office
ATTACHMENT(S): INFORMATION CONTACT:
Local Government Resolution Sheriff Charles S. Blackwood,
Traffic Safety Project Contract 919.245.2900
Agreement of Conditions Jennifer Galassi, Legal Advisor,
919.245.2952
T. Brian Whitehurst, Deputy and North
Carolina Governor's Highway Safety
Program Triangle Region Law
Enforcement Liaison, 919.245.2900
PURPOSE: To:
• Adopt a Resolution recognizing federal funding for traffic safety projects to the Sheriffs
Office; and
• Authorize the Chair to sign the Resolution.
BACKGROUND: The North Carolina Governor's Highway Safety Program (the "GHSP")
partners with Law Enforcement Liaisons to promote highway safety awareness and to reduce
the number of traffic crashes and fatalities in the State. Law Enforcement Liaisons ("LEL"),
located in the eleven regions in which the GHSP divides the State, are full time law enforcement
officers. An LEL serves as a coordinator and organizer for highway safety activities in his/her
respective region and as liaison to the GHSP Office in Raleigh.
Some of the duties of an LEL include:
• promoting traffic safety measures in the region,
• supporting and informing law enforcement agencies within those regions of current and
upcoming campaigns,
• providing information and guidance in the grant process by assisting agencies with
questions, and
• directing them to the appropriate grant manager for their region.
LELs communicate on a regular basis with the county coordinators in their region and assist
them with efforts to promote activities and campaigns on the county level. "Booze It & Lose It"
and "Click It or Ticket" are well known GHSP campaigns. Additionally, LELs monitor campaign
reporting in their regions and ensure all agencies are participating in the reporting of campaign
statistics.
2
LELs are required to attend quarterly meetings held throughout the State with GHSP staff, the
annual Lifesaver National Conference on Highway Safety Priorities in the spring, and assist with
planning, set up, operations, and tear down of the annual North Carolina Highway Safety
Symposium. To facilitate travel, training, and the other activities of the LELs, GHSP awards a
grant to the employing agency of each LEL. The grant funds travel, training, and traffic safety
equipment for the agency. The yearly grant for each LEL employing agency totals $20,000.
Deputy T. Brian Whitehurst of the Orange County Sheriffs Office is the Law Enforcement
Liaison for Region 5. Deputy Whitehurst joined the Office in the second quarter of the GHSP
grant year, resulting in a proportional decrease of the grant to $15,000. The grant will allow the
Sheriff's Office to 1) purchase five radar units and have them installed in patrol vehicles and 2)
fund the LEL's travel to the required meetings, conference, and symposium.
The provisions associated with the grant require the local governing body, in this case the Board
of Commissioners, to adopt a resolution recognizing the federal funding for traffic safety
projects.
FINANCIAL IMPACT: The Orange County Sheriff's Office will receive $15,000 in grant funding.
Full funding comes from federal sources and requires no local cash appropriation or matching
funds.
SOCIAL JUSTICE IMPACT: The following Social Justice Goal is applicable to this agenda
item:
• GOAL: CREATE A SAFE COMMUNITY
The reduction of risks from vehicle/traffic accidents, childhood and senior injuries, gang
activity, substance abuse and domestic violence.
Receipt of GHSP grant funding will allow the Orange County Sheriffs Office to advance the
North Carolina Governor's Highway Safety Program's purpose to promote highway safety
awareness and to reduce the number of traffic crashes and fatalities in the State, objectives
which overlap with this Social Justice Goal.
RECOMMENDATION(S): The Manager recommends that the Board:
• adopt the North Carolina Governor's Highway Safety Program Local Governmental
Resolution recognizing federal funding for traffic safety projects to the Sheriff's Office;
and
• authorize the Chair to sign the Resolution.
RES-2016-027 3
Resolution
North Carolina Governor's Highway Safety Program
LOCAL GOVERNMENTAL RESOLUTION
WHEREAS, the Orange County Sheriff's Office
(herein called the
"Agency")
(The Applicant Agency)
has completed an application contract for traffic safety funding; and that Orange County Board of Commissioners
(The Governing Body of the Agency)
(herein called the "Governing Body") has thoroughly considered the problem
identified and has reviewed the project as described in the contract;
THEREFORE, NOW BE IT RESOLVED BY THE Orange County Board of Commissioners IN OPEN
(Governing Body)
MEETING ASSEMBLED IN THE CITY OF Hillsborough , NORTH CAROLINA,
THIS 5th DAY OF April 20 16 , AS FOLLOWS:
1. That the project referenced above is in the best interest of the Governing Body and the general public; and
2. That Sheriff Charles Blackwood is authorized to file, on behalf of the Governing
(Name and Title of Representative)
Body, an application contract in the form prescribed by the Governor's Highway Safety Program for federal
funding in the amount of$ 15 000 to be made to the Governing Body to assist in defraying
(Federal 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$ 0 as
(Local Cash Appropriation)
required by the project contract; and
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
5. That certified copies of this resolution be included as part of the contract referenced above; and
6. That this resolution shall take effect immediately upon its adoption.
DONE AND ORDERED in open meeting by
(Chairperson/Mayor)
ATTESTED BY SEAL
(Clerk)
DATE
Rev. 7/11
4
North Carolina Governor's Highway Safety Program
Traffic Safety Project Contract — Form GHSP-01
1.Agency: 4. Contact Person for Agency:
ORANGE COUNTY Timothy Whitehurst
2.Agency Address: 5. Telephone Number: *
SHERIFF +1 (010)245-2908
PO Box 8181 - ----- ------ —
HILLSBOROUGH, NC 27278 6. Cell Phone:
019-201'8765
_____
3. Physical Location of Agency ^ 7. Email of Contact Person *
1U6E. Margaret Lane Hillsborough, North Carolina 27278 bwhitehumt@onangeoountynu.gov
8. Federal Tax ID Number/Type of Agency 9. Project Year *
Federal Tax ID Number: °56-6000327 �� New [. ConUnuation
DUNS No � ° 0000000� Year: (4? 1 C 2 r 3 C 4+
County: ^ ORANGE COUNTY
Type of Agency
10.Allocation of Funding
C State C Non-Profit
Federal % 100.00 Local 0.00
(� County �� Higher Education
� �
C Municipality C Hospital
11. Project Title: ° Region 5 LEL Grant
Source of Funds
12. Budget Total Project Amount Federal Amount State/Local Amount
Personnel Costs
Contractual Services
Commodities Costs
Other Direct Costs $15.000.00 $15,000.00 $0.00
Indirect Costs
',Total Project Costs $15 000.00 $15 000.00 $0 00
13. Specify How Non-Federal Share Will Be Provided:
Project Number: CFDA#: 20. 600-State and Community Highway Safety
PT-16-06-28 Work Type: Enforcement
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Statement of Problem (_Provide detailed information of the highway safety problems in your area to be addressed through this project.Include
countywide crash data for the last three years and any other relevant information to validate the statements.For more detailed in formation see'How to write an
effective traffic safety project"located at:
oupm//touuect.ocdat 4mmnuoicip merit/E<g*omuaw+Enforcoment-Reportwgaap21
A Regional Law Enforcement Liaison serves as coordinator and organizer for highway safety activities in his/her respective
regions. The Governor's Highway Safety Program supports and oversees the Statewide"Booze It and Lose It and Click It and
Ticket" programs. Coordination of these programs is accomplished of utilizing 11 regional"Law Enforcement Liaison" positions.
Through the guidance and coordination efforts of the Liaisons, planning preparation and reporting activities from the event(s)
occur. Efforts to continue to promote and involve law enforcement agencies in these lifesaving endeavors is of paramount
importance to this statewide program. To this end, LEL's are required to host events , attend and conduct meetings, assist
County Coordinators with organizing highway safety campaigns, and encouraging agencies to report activities.
'As Part of this project all law enforcement agencies must enter traffic enforcement citations data of their agency for the Past three
years.
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5
Year 20 Occupant Protection Citations DWI Citations Speed Citations
Year 20 Occupant Protection Citations DWI Citations Speed Citations
Year 20 Occupant Protection Citations DWI Citations Speed Citations
Goals and Objectives _(Provide at least two SMART(Specific, Measurable, Attainable, Realistic and Timely)goals and
objectives. For more detailed information see "How to write an effective traffic safety project"located at:
tipa/yc2l7n a Reportinqespx)
Goal#1: Promote highway safety within Region 5 with increased efforts to raise seat belt use by 92.5% by September 30,
2016. Obtain 90-100% reporting of all law enforcement agencies in the Region 5 by September 30, 2016 and also
to maintain professional relationships with all County Coordinators in the Region through informational sessions.
Objectives: Conduct at a minimum 4 Law Enforcement County Coordinator(LECC) meetings to discuss current highway safety
activities, GHSP issues,training opportunities, and legal updates and concerns
Gather LECC monthly reports, awarding 25 GHSP Equipment points for Coordinators each month they submit.
Compile a quarterly regional report for GHSP that includes a summary of the reports from the LECCs and activities
by the RLEL.
Promote night time seat belt initiadivao. GHSP campaigns and events within Region 5.
Host annual"Kick Off' event meeting to set agendas, coordinate quarterly meetings, provide information flow with
reference to GHSP campaigns.
Goal#2:
Objectives:
Goal#3:
Objectives:
Below are the 5-year goals of the NC Governor's Highway Safety Program (GHSP). To be eligible for funding,your traffic
safety project should match one or more of the GHSP goals.Check all that apply. 1
-educe NC's traffic-related fatalities by 25%from the 2008-2012 average of 1,317 to 988 by 2020.
■
0 -educe NC's alcohol-related fatalities by 35%from the 2008-2012 average of 386 to 251 by 2020.
4 educe NC's unrestrained fatalities by 30%from the 2008-2012 average of 407 to 285 by 2020.
F2. -educe NC's speed-related fatalities by2G96 from the 2UO8'2012 average of47Oto35Qby2O28�
- ------ ---
IARadunaNC'ayoungdrivar-invo|vedfata| oraoheoby3O96fromthe20O8-2U12avaregaof1OGto137by282O�
-- ----- -- ---
ZpRaduoe NC's motorcycle fatalities by25Y6 from the 2OO8'2012 average of177to133by2020�
-------- -- - -----' -------- --
ncrease NC's seat belt usage rate 4.4 percentage points to 95% by 2020.
Personnel Costs
## Personnel Position I Salary
1
2
3
4
5
6
7
8
9
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6
Total Salaries Cost:
# [Personnel Fringe Benefits i Cost
1
2
3
4
5
7
8
9
10 1
Total Fringe Benefits Cost:
Total Personnel Costs:
Contractual Services
# Contractual Service To Be Provided Cost
1
2
3
4
5
6
7
8
9
10
11
Total Contractual Services:
commodities costs
2
3
4
6
,I,"
7
9
10
11
12
Total Commodities Cost:
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7
Other Direct Costs
# 'Equipment. Quantity Cap Amount. Cost
1 Radar-Includes installation and shipping 5 $2,500.00 $12,500.00
2
3
4
5
6
7
8
Total Equipment Cost $12,500.00
# lOther Items and Equipment Direct Cost Cost
1
2
3
4
5
6
7
8
Total Other Items and Equipment Direct Cost:
State Travel $1,000.00
2 Out-of-State Travel $1,500.00
Total Travel Cost: $2,500.00
Total Other Direct Costs: $15,000.00
Indirect Costs
Indirect Costs Cost
1
2
3
4
Total
a Rai r vi rm r 1i w a ; n r Indirect Costs
eeeNga r P y
,59, a 1 10/11
is e sc esu e o as s .y quarters, re erring specifics y to tie o jectives in Spec ion :. l'asks s 0 • •e a�u le e• is o
activities to be performed in each quarter.
Conditions for Law Enforcement Only
By checking this box, the above agency agrees to the terms below as additional activities to be performed as part of this
project.
• A minimum of one(1) nighttime and one (1) daytime seat belt initiative per month;
• A minimum of one(1) impaired driving checkpoint per month;
__ • A minimum of 50% of seat belt initiatives must be conducted at night between the hours of 7:00 p.m. and 7:00 a.m.;
Participation in all"Click It or Ticket"and "Booze It& Lose It"campaigns;
Participation in any event or campaign as required by the GHSP;
• Attempt 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.
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First Quarter(October, November, December)
Attend all GHSP meetings and events.
• Conduct a minimum of one County Coordinator meeting.
• Make contact with a minimum of three non-participating/reporting agencies within the Region.
• Collect monthly LECC reports and compile into the regional quarterly report.
• Attend and/or conduct minimum two night time seat belt initiatives.
Second Quarter(January, February, March)
Attend all GHSP meetings and events.
• Conduct a minimum of one County Coordinator meeting.
• Make contact with a minimum of three non-participating/reporting agencies within the Region.
• Collect monthly LECC reports and compile into the regional quarterly report.
• Attend and/or conduct minimum two night time seat belt initiatives.
Third Quarter(April, May, June)
Attend all GHSP meetings and events.
• Conduct a minimum of one County Coordinator meeting.
• Make contact with a minimum of three non-participating/reporting agencies within the Region.
• Collect monthly LECC reports and compile into the regional quarterly report.
• Attend and/or conduct minimum two night time seat belt initiatives.
• Participate in yearly GHSP grant review meeting.
• Attend National Lifesavers
Fourth Quarter(July,August, September)
Attend all GHSP meetings and events.
• Conduct a minimum of one County Coordinator meeting.
• Make contact with a minimum of three non-participating/reporting agencies within the Region.
• Collect monthly LECC reports and compile into the regional quarterly report.
• Attend and/or conduct minimum two night time seat belt initiatives.
AGENCY AUTHORIZING SIGNATURE
►� I have read and accept terms and conditions of the grant funding and attached the Grant Agreement. The information
supplied in this application is true to the best of my knowledge.
Name: Timothy Whitehurst PIN 1-**** Date: Jan 29, 2016
NCDOT AUTHORIZING SIGNATURE
Name: Don Nail, Director PIN **** � Date: P-an 14, 2016
Note:
1. Submitting grant application is not a guarantee of grant being approved.
2. Once form has been submitted, it cannot be changed unless it has a status of"Return".
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AOC INITIALS Revised 01/2016 9
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/Nondiscrimination. 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 "USDOT", 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 Agreements to
State and Local Governments;
(b) 2 CFR 225, Cost Principles for State, Local, and Indian Tribal Governments, 2 CFR 200, Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and all
other relevant Federal regulations covering the Highway Safety Program;
(c) 5 U.S.C. §§ 1501-1508 and 5 CFR Part 151 "Political Activity of State and Local Offices, or
Employees" (Hatch Act); and
(d) 23 U.S.C. §§313 Buy America
(e) NHTSA Highway Safety Grant Funding Guidance, as revised, July 2015 (www.nhtsa.gov) and
additions or amendments thereto.
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 $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 200, Subpart F, §_.500. Guidance on determining Federal awards expended is
provided in 2 CFR 200, Subpart F, §_.502.
(b) Single Audit. Non-Federal entities that expend $750,000 or more in a year in Federal awards shall
have a single audit conducted in accordance with 2 CFR 200, Subpart F, §_.501, except when they
elect to have a program-specific audit conducted in accordance with 2 CFR 200, Subpart F,
§_.501, 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.
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AOC INITIALS Revised 01/2016 10
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, 2 CFR 200, Subpart E, Cost Principals 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 2 CFR 200, Subpart E, Cost Principles 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 2 CFR
200, Subpart F, Cost Principles 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.
B. General Provisions
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.
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AOC INITIALS Revised 01/2016 11
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.
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, Educational or Other Materials. If allowed, any promotional, educational or other
materials developed using funds from this contract must be reviewed and approved by the GHSP prior to
their production or purchase. The cost of these materials is generally limited to a maximum of $5.00 per
item.
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.
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.
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AOC INITIALS Revised 01/2016 12
(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
quarter. 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 may be processed or denied at the discretion of GHSP.
(b) Final Accomplishments Report. A Final Accomplishments Report must be submitted to the GHSP
within thirty (30) days of completion of the project, 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 may be processed or denied at the discretion of GHSP.
(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.
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) 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.
(b) 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 form 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. Seat Belt Policy and Use. Agency must adopt and enforce a seat belt use policy required for all seating
positions unless exempted by state law.
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18. 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.
19. 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.
20. 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.
21. 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.
22. 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.
23. 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.
24. 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.
25. 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
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AOC INITIALS Revised 01/2016 14
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.
26. 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.
27. E-Verify requirements. If this contract is subject to NCGS 143-133.3, the contractor and its
subcontractors shall comply with the requirements of Article 2 of Chapter 64 of the NC General Statutes.
28. Signature. By signing below, the Agency agrees to adhere to the terms and conditions of this Agreement.
AGENCY PROJECT DIRECTOR
NAME TITLE ADDRESS
SIGNATURE DATE TELEPHONE NUMBER
AGENCY AUTHORIZING OFFICIAL
NAME TITLE ADDRESS
SIGNATURE DATE TELEPHONE NUMBER
AGENCY OFFICIAL AUTHORIZED TO RECEIVE FUNDS
NAME TITLE ADDRESS
SIGNATURE DATE TELEPHONE NUMBER
This form has been approved as to form and legal sufficiency.
Jennifer Galassi,Legal Advisor to the Sheriff
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