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HomeMy WebLinkAboutAgenda - 10-04-2016 - 6-e - North Carolina Governor’s Highway Safety Program - Orange County Sheriff’s Office Traffic Safety Project 1 ORD-2016-032 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: October 4, 2016 Action Agenda Item No. 6-e SUBJECT: North Carolina Governor's Highway Safety Program: Orange County Sheriffs Office Traffic Safety Project and Approval of Budget Amendment #1-B DEPARTMENT: Sheriff's Office ATTACHMENT(S): INFORMATION CONTACT: Traffic Safety Project Contract and Sheriff Charles S. Blackwood, Agreement of Conditions 919.245.2900 Jennifer Galassi, Legal Advisor, Local Government Resolution 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; • Authorize the Chair to sign the Resolution; and • Approve Budget Amendment #1-B. 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 their 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 2 campaign reporting in their regions and ensure all agencies are participating in the reporting of campaign statistics. 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. Deputy T. Brian Whitehurst of the Orange County Sheriffs Office is the Law Enforcement Liaison for Region 5. The GHSP approved the Sheriff's Office's application for fiscal year 2017 in the amount of $40,000. The grant will allow the Sheriff's Office to purchase: 1) two radar units and have them installed in patrol vehicles; 2) two lidar units; 3) twelve (12) Pentax Pocketjet 6 mobile printers with power supply; and 4) a Seatbelt Convincer, an easy-to-use educational tool that allows riders to experience force, up to five times their body weight, similar to that of a 5-7 mph crash. It will also fund the LEL's travel to the required meetings, conference, and symposium. FINANCIAL IMPACT: The Orange County Sheriff's Office will receive $40,000 in grant funding. Full funding comes from federal sources and requires no local cash appropriation or matching funds. This Budget Amendment #1-B provides for the receipt of these grant 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 Sheriffs Office; • Authorize the Chair to sign the Resolution; and • Approve Budget Amendment #1-B accepting the $40,000 in grant funds. , 3 i North Carolina Governor's Hi -hwa Safety Pro ram g � Y � ..�.... .._.__. Traffi c Safety Project Contract — Form G Hkca° SP O 1 ib w ^ 4,do " v45� � x � � - P e � rq4;-i� ,TT gi k � m ,-F . = c,"7- ,., .� ng» N.' � » „ .u.k::*„�gMrW .� Y3_` e -". w,;,.,, 1ka� . .� ,;, #. .. ,a „,Vix;� 4*n.>'r`"x; .s°°�a�- ,. _.�«i� '.."�z 1.Agency: 4. Contact Person for Agency: t ORANGE COUNTY Timothy Whitehurst 2.Agency Address: 5.Telephone Number: * 'SHERIFF +1 (919)245-2900 PO Box 8181 HILLSBOROUGH,NC 27278 6. Cell Phone: I 919-201-8765 3.Physical Location of Agency ' 7. Email of Contact Person 1106 E. Margaret Lane Hillsborough, North Carolina 27278 bwhitehurst©orangecountync.gov 18. Federal Tax ID Number/Type of Agency 9. Project Year } Federal Tax ID Number: *56-6000327 (- New (:;Continuation DUNS No: * 0-44041796 Year: r 1 Cam- 2 C": 3 ('4+ County: x ORANGE COUNTY Type of Agency 10.Allocation of Funding C State C`' Non-Profit (i's County C Higher Education Federal % 100.00 Local % 0.00 C Municipality CC` Hospital 111.Project Title: ' Region 5 LEL Grant Source of Funds 12 Budget TotalProjectAmoun# Federal Amount Sfatelt.ocal Amount Personnel Costs t • Contractual Services Commodities Costs t 1 .. Other Direct Costs t $40,000.00; $40,000.00 $0.00 Indirect Costs E___. Total Project Costs $40,000.00 $40 000.001 $0.00 13.Specify How Non-Federal Share Will Be Provided: Project Number: CFDA#:20. 600-State and Community Highway Safety PT-17-06-04 Work Type: Enforcement e 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 information see 1-low to write an effective traffic safety project"located at: ttps:/lconnect ncdot.gov/municipalities taw-EnforcementlPages/Law-Enforcement-Reporting.aspx) 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&Lose it and Click It or Ticket"programs. Coordination of these programs is accomplished by 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 h County Coordinators with organizing highway safety campaigns, and encouraging agencies to report activities. I' As part of this project all law enforcement agencies must enter traffic enforcement citations data of their agency for the past three years . Version 1.0 Page 1 of 5 . . 4 --- 1Year 2013 Occupant Protection Citations 0 DWI Citations 3 Speed Citations !Year 2014 Occupant Protection Citations 0 DWI Citations 3 Speed Citations 66i 'Year 2015 Occupant Protection Citations 6! DWI Citations 11 Speed Citations 208 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: !Goal#1: Promote highway safety within Region 5 with increased efforts to raise seat belt uoe(uy92.5Y6bySeptember 2U1TJ'Ubtmin8O-i0O96 reporting cf all law enforcement agencies in the Region 5 by September 30,2017 ancflso tn maintain professional relationships with all Counh/ �oovdin�orsim 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 GI-ISP that includes a summary of the reports from the LECCs and activities by the RLEL. Promote night time seat belt initiatives,GHSP campaigns and events within Region 5. Host annual"Kick Off' event meeting to set agendas, coordinate quarterly meetings, provide information flow with campaigns.reference to GHSP _-�___ - ---- ---- ------- ------- ------------ ------ Objectives: |Gmd#3: Objectives: Beloi4 are the 5-year goals ofthe-.NC Governor's HighWay Safety;program (WISP),To be eligible for funding;your traffic safety'project should,match:orte'or inore.of the-.GHSP goals.'Check all that apply. I El Reduce NC's traffic-related fatalities by 25%from the 20OO'2U12 average of1'317to 980 by 2020. ��ReduceN��ma�ohm�ve�badt�mUUeaby3596�umthe2OO8,2O12avensQeof888ho2G1by2O2O� ' _ Reduce NC's unrestrained fatalities by 30%from the 2008-2012 average of 407 to 285 by 2020. �8 Reduce N{ys speed-related fatu|� 25%from��_--__-^' Z Reduce NC's young driver-involved fata crashes by 30% from the 2008-2012 average of 196 to 137 by 2020. Z Reduce NC's motorcycle fatalities by2S96 from the 20O8'2O12 average of177to133by202U. El Increase NC's seat belt usage rate 4.4 percentage points to9696by2O20. — --`-- -- ---' — — — ----- — 2 3 4 5 ---- — -- - ----- — ----' -- — ------ 6 . ` | » w �' — ----' -- ----- --- ---- --- 10 Version 1.0 Page 2 of 5 5 Total Salaries Cost: „.. .-: •' Is'--- #-':iiet: 6rfriol,Ti1.000J.Bepi : ,.; , , : 1 I '-. 2 : 3 1 4 5 I. 6 '• l 8 1 , , •i• 1 9 1 i ' I 10 Total Fringe Benefits Cost: • Total Personnel Costs: . -., --- • .. - . - --.... : Onteaitun-;Services . :...:".'; .'i:1t::,:.';f.,q'''',',,':,,:,,''.-.':,',.,,■:':,:::::;':,',:.:,i,:,,,g:-::::;::j,-'',,.,':1.:,::,-::,,:k,' ' ' 66 OfdVfteita ' : , 7:: %-,7,,:>;.:.,i,, jgf.,Y17 4'1.".:J,!..:i.',.Z.Z.±1.,,,:.",::.4::.:4-. il.,-i■, it,,,i i,,.l : , / ,..,i,,,e,,,•"^l,,g„„il,^l' ■ ,■.._.n ' .. 1 1 .1.1 1 2 . _ 1 4 1'- 1 5 . I 6 • , . I • . . : i 9 10 -• 1 1 1 , Total Contractual Services: Commodities Costs. ostS' '.1:. "-'--i---,a-:p,g';;..,T121,'':.,R:.;.E...,Fi't 4-:ig:f a-i-g Tg;?;#p•- . ' 04rFoykos " - Rt R. 11;2,R:tA..;;tEPakA.lkPAVRkIi7E;-gF-7,'-7'' if-..00s..:1,aE,..,,,1,a:5-e,Ll,,p$-- 1 2 _... I. 3 I 5 --I 1 . — L 6 1 7 1 8 1'- 1 9 10 i 11 i ---t Total Commodities Cost: t i Page 3 of 5 Version 1.0 . . 6 '1Lidar-McludeS shipping 11 21 $3,500,001 $7,000.00 2 ;Radar-Includes installation and shipping 21 $2,500.001 $5,000.00 Total Equipment Cost $12,000.00 1.1_. 1 12 Pentax Pocketjet 6 Mobile Printers with power supply $4,200.001 1 Total Other Items and Equipment Direct Cost: $24,200.00 2 Travel ' - - $1,800.00 Total Travel Cost: $3,800.00 TotmDt er Direct Costs $40,000l0 1 -------- -------- - -----------'---- - 2 3 / 1 4 ------- ------- ------' ----------- Total Indirect Costs ~zw� s 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. Version 1.0 Page 4 of 5 . ` . ` 7 First Quarter(October, November, December) Attend ati 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 nighttime seat belt initiatives. Attend National Lifesavers 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. • [ — -------- --------- -------------- ----- ---------- ' Fourth Quarter(July,August, September) Attend all GHSP meetings and events. • Conduct a minimum of one County Coor inator meeting. • Make contact with a minimum of three non-participating/reporting agencies within the Region. • Collect monthly LECC reports and compile into the regiona quarterly report. • Attend and/or conduct minimum two night time sea belt initiatives. AGENCY AUTHORIZING SIGNATURE 1,_j | hmveremdandacmaptharmaondconditionoofdhegrandfundingandottachedtheGnardAgmenmnLThe|nformmUwn supplied in this ep�iceUon �� e 4tothahastcfmyknow|edge. Name: --- PIN Date: `__'� __ !Note: ---- --- ------- ' - ] 1. Submitting grant application is not a guarantee of grant bein d Once formhooba�nuubmi��d it cannot bexhangedun|eoo|thaamntatunnf^Ratum^ �_ ' ._ Version 1.0 Page 5 of 5 8 A0C / L�*�' INITIALS Revised 06/2016 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 Pnognym, hereinafter referred tuau^GHSF'; 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, no|cx, uex, veUgiun, national origin, handicaps, and age. These include but are not limited to: Title VI of the Civil Rights Act of 1964; 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 oflQ8O(4D 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 Stmtm. Local, and Indian Tribal 8overnmenta, 2 CFR 200. Uniform Administrative Roquiromento, Cost Principles, and Audit Requirements for Federal Awards and all Other relevant Federal regulations covering the Highway Safety Program; (c) 5 U.S.C. §g 1501-1508 and 5 CFR Part 151 "Political Activity of State and Local Offices, or , Employees" atch Act); and 23 U.S.C. §§313 Buy America (e) NHTSA Highway Safety Grant Funding Guidanoa, 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 Ac . prohibiting the use of UGDOT Federal funds for "grass roots" lobbying campaigns to encourage third partieu, 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, § ,5O1. 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. G. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions. (a) The prospective lower tier participant (the Agency) nortifieo, by submission of this contract pnoposa|, that neither it nor its principals is presently debarred, ounpended, proposed for debarment, declared inu|iQib|a, 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. Page 1 9 AOC INITIALS Revised 06/2016 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 Governwentc, 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 {henAo, 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 18, 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 honpita|, 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 imp|ied, shall supercede this Agreement. Any proposed changes in this contract that would result in any change in the nabura, scope, character, or amount of funding provided for in dh|oomntnact� shall h requin*a� �enaddondumhod�000n� � monafonnpn�vdedby�a 2, Subcontracts Under This Contract. The Agency shall not assign any portion of the work to be ' performed under this uonKnmct, or execute any contract, amendment or change order thereto, or obligate itself in any mariner with any third paMy with respect to its rights and responsibilities under this onntnyut `' without the prior written concurrence of the Department.Any subcontract under this contract must include all required and applicable clauses and provisions ofthi000nknao(. TheA0mncymuatxubm|tanypnupoxed 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 no|icitodonn, 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 oqu|pmont, 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 18.38 (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 nuboontraut, including procurements of materials and leases of equipmmnt, 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 Cono|ina, hereinafter referred to as the "State", the National Highway Traffic Safety Administration, hereinafter referred tuau ^NHTSA". or the Federal Highway Administration, hereinafter referred to as "FHVVA'', 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. Page 2 10 AOC ,��,�� INITIALS Revised VW20l6 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 d\acratiun, 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 equi t and UUacfoaidpropertyornquipmon1. 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, \naded, or disposed of in any manner without the expressed written permission of the Department. T. Promotional, Educational or Other Materials. If a||owed, any prumutiona|, 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, poporo, puh||omUnno, or other items developed using funds from this contract must be reviewed and approved by the GHSP prior to their release, '�.' Reimbursement. • r` ` (a) General. Only actual allowable costs are`eligible for reimbursement. Claims for reimbursement must ^ � be made a minimum of monthly and no more than quarterly via the Grants Management ' ' Claims for reimbursement not made within the three month threshold are subject to denia|:'Tho� itemized invoice shall be supported by documentation of costs as prescribed by the Department. Reimbursements will not be processed if,other required reports are incomplete or have not been submitted. Failure to submit complete reports by the required deadline may result in denial of reimbursement. (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 Claims for Reimbursement. Final claims for reimbursement 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 s 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. Page 3 11 AOC �_�/»� INITIALS Revised 06/2016 12. Project Directors. The Project Director, as specified on the signature page of this Agreement, must be an employee of the Agency or the Agency's governing body. Any exception to this provision must have the expressed written approval of GHSP. 13. Reports Required. (a) Quarterly Progress Reports. Unless otherwise directed, the Agency must submit Quarterly Progress Reports to the GHSP, on forms provided by the Oepmrtmenk, 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 claims for reimbursement 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 fifteen (15) days of completion of the pnoject, on forms provided by the Dopartmont, 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 claims for reimbursement withheld. Once a Final Accomplishments Report that substantiates adequate progress is received,claims for reimbursement may be processed or denied at the discretion of GHSP. (o) 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 8HSP, 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 ogenu|eo, out-of-state travel requests must include a copy of the Agency's travel po|ioy, to include allowances for lodging, moe|o, and other travel-related expenses. For state agencies, maximum allowable subsistence is limited to , the prevailing p r diem rates as established by the North Carolina General Assembly. (d) Agenda Required. Out-of-state trave requests must include a copy of the agenda for the travel •^''' • requested. `.� � `� '`' .' 15. Conditions In addition to the other conditions provided for in this Aqraomon . ..��' ` —, Ore�nho�w enforcement agencies are uu�eu 1u the foUow|ng: (a) Certifications Required. (0 In-car Camera or Video System. For any in-car camera or video system purchased under this nontnact, it is required that the operator of that equipment has successfully ebod Standardized Field Sobriety Testing training (S copy of this certificate must be filed with GHSP prior to reimbursement of in-car camera or video systems. (ii) Radar.: it For any nmdmroquipmer�puvohoaed under this �ondroct. is required that the operator of ` that equipment has successfully completed RmdmrCorbfioedonTnaining. Acnpycfthi000rbOoote 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 nsceived, 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 antity, 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 Page 4 12 6OC '� J��/ (N[T|AL3Ko"isedOhD0|V is one hundred percent from federal oovnms, 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. 18. Prohibited Interests. No member, offioer, or employee of the Agency during his or her tenure, and for at least one (1) year thereafter, shall have any intoreot, 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 Congnass, funding to the Agenc be proportionatel 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 mganoy, whose performance is deemed unsatisfactory by the /3HSP, shall be subject to the sanctions as provided for in this contract. AddiUwnaUy, 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 Deportmant, or otherwise arising between the parties to this oonhout, 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 i with the whe such negotiated settlement cannot be resolved in a Um�yymxNun.Uhe final �ecm regarding uoh dispute shall be made the Secretary of , �e Department with the ' of the Federal funding ` '.`'''+ and shall be final And conclusive for all partieè. 22. Deno�memtHeld 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 empl 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, emp|oyeeu, or agents, from all claims and liability due to its negligent acts, or the negligent acts of its subuontraotoro, 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 thoreto, and shall permit access to its booko, raonrdo, oocounts, other sources of information, and its facilities as may be determined by the Department, the Stote. NHTSA, or FHVVA, as mppropriate, to be pertinent to ascertain compliance with such regu|ohons, orders and instructions. Furthermore, the Agency shall maintain such materials during the contract pehod, and for three (3) years from the date of final payment from the Depadment, 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; Page 5 13 AOC rev~ INITIALS Revised 06/2016 (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, negu|ationn, orders or conditions, this contract may be oanoe|ad, banninated, or suspended in whole or in part by the Department, by giving the Agency thirty (30) days advanced written notice. The Department, before issuing notice of cancellation, 0amoinotion, 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. Certification of Eligibility Under the Iran Divestment Act. Pursuant to G.S. 147-86.59, any person identified as engaging in investment activities in Iran, determined by appearing on the Final Divestment List created by the State Treasurer pursuant to G.S. 147'86.58. is ineligible to contract with the State of North Carolina or any political subdivision of the State. The Iran Divestment Act of 2015, G.S. 147-55 et seq. requires that each Agency, prior to contracting with the State certify, and the undersigned Agency Authorizing Official on behalf of the Agency does hereby certify, to the following: (a) that the Agency is not now and was not at the time of the execution of the Contract dated below identified on the Final Divestment List of entities that the State Treasurer has determined engages in ^ •� ' ' ~ investment i | ' '�` ''�`'' �^ ��`'�- ` ` ` `~ �` . - ''�� ' [ utilize with ag any subcontractor that is '` '. • . • � � identified | and . ` ' ������List; (c) Authorizing Official is authorized by U1aAgmncytomokethis Certification. 29. Gi�notun� BysiQn|ngbulow. MheAgenuyngnaesboadhovebndletennnanduonditionuofthimAgneement' �� '� ` • AGENCY PROJECT DIRECTOR . . NAME TITLE AOORESS /t� , 9e,,��^�^� gy 5.1,44L4w4 C ^&/'ergeg L / /L @} ,e. 2 727e S|GNA/URE DATE TELEPHONE NUMBER 0,1 /57'54-4?:/*pr— q^ /- z.0/ g _ �,i� 2 Pa) AGENCY AUTHORIZING OFFICIAL NAME TITLE ADDRESS SIGNATURE DATE TELEPHONE NUMBER AGENCY OFFICIAL AUTHORIZED TO RECEIVE FUNDS NAME TITLE ADDRESS SIGNATURE DATE TELEPHONE NUMBER Page 6 / - ` RES-2016-062 14 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 the Orange County Board of County 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 County Commissioners IN OPEN (Governing Body) MEETING ASSEMBLED IN THE CITY OF Hillsborough , NORTH CAROLINA, THIS 4th DAY OF October , 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$40,000.00 to be made to the Governing Body to assist in defraying (Federal Dollar Request) the cost of the project described in the contract application; and 3. That the Governing Body has formally appropriated the cash contribution of$ 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.02/09