HomeMy WebLinkAboutORD-2017-022 Ordinance approving Budget Amendment #2-A accepting $72,250 from federal grant funds 1
ORD-2017-022
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: October 17, 2017
Action Agenda
Item No. 8-c
SUBJECT: North Carolina Governor's Highway Safety Program - Orange County Sheriff's
Office Traffic Safety Project and Approval of Budget Amendment#2-A
DEPARTMENT: Sheriff's Office
ATTACHMENT(S): INFORMATION CONTACT:
Traffic Safety Project Contracts Sheriff Charles S. Blackwood,
919.245.2900
Agreements of Conditions Jennifer Galassi, Legal Advisor,
919.245.2952
Local Government Resolutions Sgt. T. Brian Whitehurst, Sheriff's
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 Sheriff's
Office;
• Approve Budget Amendment#2-A; 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 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
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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.
Sgt. T. Brian Whitehurst of the Orange County Sheriff's Office is the Law Enforcement Liaison
for Region 5. The GHSP approved two applications from the Sheriff's Office's for fiscal year
2017. The first grant in the amount of $43,000 will allow the Sheriff's Office to purchase 1) an
equipment trailer, including striping and shipping; 2) Four (4) sets of three (3) checkpoint signs
with stands; 3) 100 traffic cones with reflective striping; 4) DWI simulator; 5) Five (5) Alco-
sensors; and 6) fund the LEL's travel to the required meetings, conference, and symposium.
The second grant is in the amount of $29,250 with a local cash appropriation of $9,750. The
required local match (local cash appropriation) will come from currently available budgeted
funds within the Sheriff's Office. This grant will provide funding to purchase a motorcycle
(including emergency lighting, siren, radio, console, striping), uniforms including officer radio
and shipping, and monies for in-state travel.
FINANCIAL IMPACT: The Orange County Sheriff's Office will receive $72,250 in grant funding.
Funding comes from federal sources and requires a $9,750 local cash appropriation. This
Budget Amendment#2-A 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 Sheriff's 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
Resolutions recognizing federal funding for traffic safety projects to the Sheriff's Office;
• Approve Budget Amendment#2-A accepting the $72,250 from federal grant funds; and
• Authorize the Chair to sign the Resolutions.
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North Carolina Governor's Highway Safety Program
Traffic Safety Project Contract - Form
GHSP-01
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1. Agency: 4. Contact Person for Agency:
ORANGE COUNTY Timothy Whitehurst
2. Agency Address: 5. Telephone Number: k
SHERIFF +1 (919)245-2900
PO Box 8181
HILLSBOROUGH, NC 27278 6. Cell Phone:
919-201-8765
3. Physical Location of Agency k 7. Email of Contact Person k
106 E. Margaret Ln. Hillsborough, NC 27278 bwhitehurst @orangecountync.gov
8. Federal Tax ID Number/Type of Agency 9. Project Year k
Federal Tax ID Number: k 56-6000327 " New Continuation
DUNS No : 0-44041796 Year: ""`` 1 C 2 : 3 4+
County: k ORANGE COUNTY
Type of Agency 10. Allocation of Funding k
C' State C Non-Profit
County Higher Education Federal % 100.00 Local % 0.00
C Municipality ° Hospital
11. Project Title: ' Region 5 LEL
Source of Funds
12. Budget Total Project Amount Federal Amount State/Local Amount
Personnel Costs
Contractual Services
Commodities Costs
Other Direct Costs $43,000.00 $43,000.00 $0.00
Indirect Costs
Total Project Costs $43,000.00 $43,000.00 $0.00
13. Specify How Non-Federal Share Will Be Provided:
Project Number: CFDA#: 20. 600 -State and Community Highway Safety
PT-18-06-09 Work Type: Education
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Statement 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 "How to write an
effective traffic safety project”located at:
https://connect.ncdot.gov/municipalitiesit aw-Enforcement/Page.aw—Enfarcement-Reporting:aspA
A Regional Law Enforcement Liaison serves as coordinator and organizer for highway safety activities in their respective region.
The GHSP 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 and preparation and reporting activities from the event(s)occur. Efforts to continue to promote
and involve law enforcement agencies in these lifesaving endeavors are 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.
The number of alcohol related fatalities in North Carolina dropped in 2016. Enforcement had much to do with this reduction but
educating the public also played a part. To further educate the public on the consequences of impaired driving and to continue
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to reduce our alcohol related fatalities, a DWI simulator will be used throughout my region. This experience lets drivers see the
effect of driving with and without alcohol through virtual reality.
The Orange County Sheriffs Office is committed to continuing the statewide drop in alcohol related fatalities in North Carolina.
To this end, the Sheriffs Office would like to purchase an equipment trailer and related checking station equipment to make our
deputies safer when conducting checking stations. The Orange County Sheriffs Office currently has no checking station
equipment to use. We would like to use these funds to purchase checking station signs, cones and an equipment trailer to carry
these items In addition to being available to our agency, we would make these items available to agencies throughout Region 5
for their use as well in the event they may not have them or be in need of them. Having this equipment would allow our deputies
to set up safer checking stations and alert the public to their presence.
s part of this project all law enforcement agencies must enter traffic enforcement citations data of their agency for the past three
,ears.
Year 2014 Occupant Protection Citations 0 DWI Citations 3 Speed Citations 21
Year 2015 Occupant Protection Citations 6 DWI Citations 11 Speed Citations 208
Year 2016 Occupant Protection Citations 2 DWI Citations 27 Speed Citations 337
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:
https://connect.ncdot.gov/municipalities/L_a w-Enforcement/Pages/L_a w-Enforcement-Reporting.ash
Goal#1: 1. Promote highway safety within Region 5 with increased efforts to raise seatbelt use above 92.5% by September
30, 2018. Obtain 89% reporting of all law enforcement agencies in Region 5 by September 30, 2018
Objectives: 1. Conduct a minimum of four Law Enforcement County Coordinator(LECC) meetings to discuss current highway
safety activities, GHSP issues, training opportunities, and legal updates and concerns.
2. Gather LECC monthly reports, awarding 25 GHSP STEP system credits for Coordinators each month they submit
one.
3. Compile a quarterly regional report for GHSP that includes a summary of the reports from the LECC's and the
activities by the RLEL.
4. Promote night time seatbelt initiatives, GHSP campaigns and events within Region .
5. Host annual "Kick Off' event meetings to set agendas, coordinate quarterly meetings and provide information flow
with reference to GHSP campaigns.
6. Have the DWI simulator used at a minimum of 12 presentations
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
afety project should match one or more of the GHSP goals. Check all that apply.
0 Reduce NC's traffic-related fatalities by 25%from the 2008-2012 average of 1,317 to 988 by 2020.
0 Reduce NC's alcohol-related fatalities by 35%from the 2008-2012 average of 386 to 251 by 2020.
0 Reduce NC's unrestrained fatalities by 30% from the 2008-2012 average of 407 to 285 by 2020.
0 Reduce NC's speed-related fatalities by 25% from the 2008-2012 average of 479 to 359 by 2020.
0 Reduce NC's young driver-involved fatal crashes by 30% from the 2008-2012 average of 196 to 137 by 2020.
0 Reduce NC's motorcycle fatalities by 25% from the 2008-2012 average of 177 to 133 by 2020.
0 Increase NC's seat belt usage rate 4.4 percentage points to 95% by 2020.
A .
Personnel Costs
# Personnel Position Salary
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1
2
3
4
5
6
7
8
9
10
Total Salaries Cost:
Personnel Fringe Benefits Cc sf
2
3
4
5
6
7
8
9
10
Total Fringe Benefits Cost:
Total Personnel Costs:
ontractual Services
# 'Cc n r dual,Service l c Be Provided Cost
2
3
4
5
6
7
8
9
10
11
Total Contractual Services:
ommodities Costs
# Comcciifies Cost
2
3
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4
5
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Total Commodities Cost:
•ther Direct Costs
# Equipment Quantity Cap Amount Cost
1 Equipment Trailer-Includes striping and shipping 1. $5,000.00 $5,000.00
2 Set of(3) Checkpoint Signs with Stands 4 $1,200.00 $4,800.00
3 Traffic Cones w/reflective stripping 100 $35.00 $3,500.00
4 Other: DWI Simulator 1 $23,000.00 $23,000.00
5
6
7
8
Total Equipment Cost $36,300.00
# Other Items and Equipment Direct Cost Cost
1 5 Alco-Sensors $2,500.00
2
3
4
5
6
7
8
Total Other Items and Equipment Direct Cost: $2,500.00
# Travel Cost
1 In-State Travel $1,500.00
2 Out-of-State Travel $2,700.00
Total Travel Cost: $4,200.00
Total Other Direct Costs: $43,000.00
ndirect Costs
# Indirect Costs Cost
2
3
4
Total Indirect Costs
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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.
First Quarter(October, November, December)
•Attend all GHSP meetings and events.
• Conduct a minimum of one county coordinator meeting.
• Meet 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.
• Conduct a minimum of 3 presentations using the DWI Simulator
Second Quarter(January, February, March)
•Attend all GHSP meetings and events.
• Conduct a minimum of one county coordinator meeting.
• Meet 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.
• Conduct a minimum of 3 presentations using the DWI Simulator
Third Quarter(April, May, June)
•Attend all GHSP meetings and events.
• Conduct a minimum of one county coordinator meeting.
• Meet 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.
• Conduct a minimum of 3 presentations using the DWI Simulator
•Attend National Lifesavers conference
Fourth Quarter(July, August, September)
•Attend all GHSP meetings and events.
• Conduct a minimum of one county coordinator meeting.
• Meet 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.
• Conduct a minimum of 3 presentations using the DWI Simulator
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 B. Whitehurst PIN **** Date: Sep 26, 2017
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NCDOT AUTHORIZING SIGNATURE
Name: Deidra Joyner PIN **** Date: Sep 5, 2017
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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North Carolina Governor's Highway Safety Program
Traffic Safety Project Contract - Form
GHSP-01
\\\ \ \\ \\ \\ \\ \\ \\ \ \ i \ a i l „l"ta1i v kY n \ \ \\ \\
\\ \\ \\ \\ \\ \\ \\
1. Agency: 4. Contact Person for Agency:
ORANGE COUNTY Timothy Whitehurst
2. Agency Address: 5. Telephone Number: k
SHERIFF +1 (919)245-2900
PO Box 8181
HILLSBOROUGH, NC 27278 6. Cell Phone:
919-201-8765
3. Physical Location of Agency k 7. Email of Contact Person k
106 E. Margaret Ln Hillsborough, NC 27278 bwhitehurst @orangecountync.gov
8. Federal Tax ID Number/Type of Agency 9. Project Year k
Federal Tax ID Number: k 56-6000327 : New `` Continuation
DUNS No : 0-44041796 Year: : 1 C 2 3 4+
County: k ORANGE COUNTY
Type of Agency 10. Allocation of Funding k
C' State C Non-Profit
County Higher Education Federal % 75.00 Local % 25.00
C Municipality ° Hospital
11. Project Title: ' 2018 OCSO Bikesafe Grant
Source of Funds
12. Budget Total Project Amount Federal Amount State/Local Amount
Personnel Costs
Contractual Services
Commodities Costs
Other Direct Costs $39,000.00 $29,250.00 $9,750.00
Indirect Costs
Total Project Costs $39,000.00 $29,250.00 $9,750.00
13. Specify How Non-Federal Share Will Be Provided:
Orange County will be providing the local match.
Project Number: CFDA#: 20. 616- MAP-21
M9MT-18-16-08/MC-18-03-02 (20.600) Work Type: Education
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Statement 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 "How to write an
effective traffic safety project”located at:
https://connect.ncdot.gov/municipalitiesit aw-Enforcement/Page.aw—Enfarcement-Reporting:aspA
Orange County is the western county in the Triangle area of Wake, Durham and Orange counties. Orange County includes the
municipalities of Hillsborough, Chapel Hill, and Carrboro. Orange County also has a large rural area which is bordered by
Durham, Alamance, Chatham, Person and Caswell counties. Within Orange County there are two major interstate highways that
intersect each other and run concurrently, Interstates 40 and 85. Additionally, NC highways 86, 54, 49 and 157 also carry large
amounts of traffic through the county each day as people commute to and from the triangle for work. With this volume of of traffic
traveling the roads of the county each day, crashes do and will occur.
The Orange County Sheriffs Office is comprised of over 100 sworn positions in Administration, Patrol, Investigations, Civil,
School Resource, Community Services, and Detention. Sheriff Charles Blackwood was sworn into office on December 1st, 2014
and has worked hard to enhance the level of service that the Orange County Sheriffs Office delivers to the citizens of Orange
County. Enforcement of North Carolina traffic laws is one of the areas that has been enhanced. Since Sheriff Blackwood took
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office,daytime checking stations have increased in the unincorporated areas of the county. Orange County deputies are now
participating in DWI checking stations conducted in not only Orange County, but Durham and Person counties as well. Deputies
are encouraged to enforce the traffic laws of North Carolina and many are certified Radar and Lidar operators.
Sheriff Blackwood, Chief Deputy Sykes, and their staff, are committed to traffic enforcement. Sheriff Blackwood wants the
Orange County Sheriffs Office to be a strong presence in traffic enforcement in Orange County. Sheriff Blackwood wants to
reduce the recidivism of speeding violations as well as reducing crashes involving impaired drivers, injuries, and fatalities. Sheriff
Blackwood and the Orange County Sheriffs Office is committed to assisting other municipalities in Orange County with their
traffic efforts, thereby reaching a wider portion of vehicle drivers in Orange County.
Over the last 5 years, according to the Vision Zero application, Orange County averaged 10.4 fatal crashes per year. The
highest years for alcohol involved fatal crashes were 2011, 2012, and 2014. In 2015, Orange County had only had two fatalities.
These two fatalities were the result of an impaired driver who was traveling the wrong way on Interstate 85 between Efland and
Hillsborough.
Motorcycle fatalities have neither increased nor decreased over the past three years. Orange has had one motorcycle fatality per
year for the past three years. Orange, and its surrounding counties of Alamance, Caswell, Chatham, Durham and Person,
averaged 10 motorcycle fatalities per year for 2014 and 2015. They saw a decrease in 2016 with 9.
The Orange County Sheriffs Office started a motorcycle unit in 2016. The Office currently has two Harley Davidson Police
motorcycles and three certified motorcycle deputies. Two of the three certified motorcycle deputies are certified North Carolina
Bike Safe assessors. The Sheriffs Office Motor Unit is a Specialized Unit that is utilized to perform traffic enforcement, funeral
escorts, dignitary escorts, attend public relations outreach events, and educate the public on motorcycle safety.
Orange County ranks 81st out of North Carolina's 100 counties in motorcycle fatalities, 44th in motorcycle serious injury crashes
and 37th in overall motorcycle crashes. Counties that border Orange County with high rankings include Alamance at 18th, 24th
and 22nd and Durham at 15th,14th and 18th. Other border counties include Chatham at 46th in motorcycle fatalities, Caswell at
95th and Person at 64th. Motorcycle operators and their passengers are just as likely to travel through Orange County as they
are through our border counties. The Orange County Sheriffs Office knows that we can make a difference, in not only Orange
County, but our boarder counties as well through the delivery of the BikeSafe program. We know that as we make Orange
County and those that border us safe, the entire State of North Carolina will benefit and see a decrease in fatal crashes, serious
injuries and crashes overall.
The Sheriffs Office Motor Unit is in the process of planning Bike Safe classes for 2017 and has made its Bike Safe assessors
available to the Regional Bike Safe LEL and other agencies in our area.
It is our goal, with the addition of this equipment as a plus, to promote motorcycle safety in Orange County and the counties that
surround us, through the delivery of professional law enforcement services, the Bike Safe curriculum, and enforcement of all
traffic laws. It is our goal through this commitment to safety, that those in the motorcycle community, and operators of motor
vehicles, can travel the roadways of our county and this great state, with the confidence and satisfaction that they are going to
make it safely to their destination and they can enjoy the ride along the way.
s part of this project all law enforcement agencies must enter traffic enforcement citations data of their agency for the past three
,ears.
Year 2014 Occupant Protection Citations 0 DWI Citations 3 Speed Citations 66
Year 2015 Occupant Protection Citations 6 DWI Citations 11 Speed Citations 208
Year 2016 Occupant Protection Citations 2 DWI Citations 27 Speed Citations 337
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:
httpse//connect.ncdat... ov/munici alities/L_aw-Enforcement/Pa es/Law-Enforcement-Resorting.aspx)
Goal#1: Promote the BikeSafe Program within BikeSafe NC Region _3_with increased motorcycle safety efforts to decrease
statewide motorcycle fatalities by 20% from the 2011-2015 average of 188-150 by 2018.
Objectives: Contact all motorcycle dealerships, motorcycle clubs, and associations within the region at least one time prior to
September 30, 2018. Attend a minimum of four(4) BikeSafe Site Coordinator(BSSC) meetings to discuss current
highway safety activities, BikeSafe and GHSP issues, training opportunities, and legal updates and concerns.
Contact local media outlet in an effort to promote BikeSafe initiatives, educational events, or other traffic safety
topics no less than one time per quarter.
Goal#2: To reduce the number of overall fatalities in Orange County by 30%from 11 in 2016 to 8.
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Objectives: Increase DWI arrests/citations by 25% from 27 in 2016 to 34 .
Increase speed citations by 25%from 337 in 2016 to 422.
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
afety project should match one or more of the GHSP goals. Check all that apply.
a Reduce NC's traffic-related fatalities by 25%from the 2008-2012 average of 1,317 to 988 by 2020.
a Reduce NC's alcohol-related fatalities by 35%from the 2008-2012 average of 386 to 251 by 2020.
▪Reduce NC's unrestrained fatalities by 30% from the 2008-2012 average of 407 to 285 by 2020.
a Reduce NC's speed-related fatalities by 25% from the 2008-2012 average of 479 to 359 by 2020.
▪Reduce NC's young driver-involved fatal crashes by 30% from the 2008-2012 average of 196 to 137 by 2020.
a Reduce NC's motorcycle fatalities by 25% from the 2008-2012 average of 177 to 133 by 2020.
▪Increase NC's seat belt usage rate 4.4 percentage points to 95% by 2020.
. 4 !,,!`°; °',',twuiu !i a II1'ut:)� E 8 1
Personnel
Costs
# Personnel Position Salary
2
3
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5
6
7
8
9
10
Total Salaries Cost:
# Personnel Fringe Benefits Cost .,.,
2
3
4
5
6
7
8
9
10
Total Fringe Benefits Cost:
Total Personnel Costs:
ontractual Services
# 'Contractual,Service To Be Provided Cost
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1
2
3
4
5
6
7
8
9
10
11
Total Contractual Services:
ommodities Costs
# Commodities Cost
2
3
4
5
6
7
8
9
10
11
12
Total Commodities Cost:
•ther Direct Costs
# Equipment Quantity Cap Amount Cost
1 Motorcycle-Includes emergency lighting, siren, radio, console, sti 1 $30,000.00 $30,000.00
2 Uniforms-Includes officer radio and shipping 1 $7,000.00 $7,000.00
3
4
5
6
7
8
Total Equipment Cost $37,000.00
# Other Items and Equipment Direct Cost Cost
2
3
4
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5
6
7
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Total Other Items and Equipment Direct Cost:
# Travel Cost
1 In-State Travel $2,000.00
2 Out-of-State Travel
Total Travel Cost: $2,000.00
Total Other Direct Costs: $39,000.00
Indirect Costs
# Indirect Costs Cost
2
3
4
Total Indirect Costs
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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.
First Quarter(October, November, December)
Purchase equipment
Attend all BikeSafe meetings and events.
Host 3 BikeSafe classes and assist in 3 BikeSafe classes
Contact local media outlet to promote BikeSafe initiatives, educational events, or other traffic safety topics.
Compile a quarterly report and submit to GHSP BikeSafe NC Statewide Coordinator
Participate in a minimum of one (1) impaired driving checkpoint per month.
Participate in a minimum of one (1) nighttime and one (1)daytime seatbelt initiative per month.
Second Quarter(January, February, March)
Attend all BikeSafe meetings and events.
Host 3 BikeSafe classes and assist in 3 BikeSafe classes
Contact local media outlet to promote BikeSafe initiatives, educational events, or other traffic safety topics.
Compile a quarterly report and submit to GHSP BikeSafe NC Statewide Coordinator
Participate in a minimum of one (1) impaired driving checkpoint per month.
Participate in a minimum of one (1) nighttime and one (1)daytime seatbelt initiative per month.
Third Quarter(April, May, June)
Attend all BikeSafe meetings and events.
Host 3 BikeSafe classes and assist in 3 BikeSafe classes
Contact local media outlet to promote BikeSafe initiatives, educational events, or other traffic safety topics.
Compile a quarterly report and submit to GHSP BikeSafe NC Statewide Coordinator
Version 1.0 Page 5 of 6
14
Participate in a minimum of one impaired riving checkpoint per month.
Participate in a minimum of one (1) nighttime and one (1)daytime seatbelt initiative per month.
Fourth Quarter(July, August, September)
Attend all BikeSafe meetings and events.
Host 3 BikeSafe classes and assist in 3 BikeSafe classes
Contact local media outlet to promote BikeSafe initiatives, educational events, or other traffic safety topics.
Compile a quarterly report and submit to GHSP BikeSafe NC Statewide Coordinator
Participate in a minimum of one (1) impaired driving checkpoint per month.
Participate in a minimum of one (1) nighttime and one (1)daytime seatbelt initiative per month.
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 B. Whitehurst PIN **** Date: Sep 26, 2017
NCDOT AUTHORIZING SIGNATURE
Name: Deidra Joyner PIN **** Date: Sep 5, 2017
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"
Version 1.0 Page 6 of 6
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AOC U INITIALS Revised 08/2017
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 (42 U.S.C. 2000d et seq., 78 stat. 252);
(b) The Uniform Relocation Assistance and Real Property Acquisition 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 IX of the Education Amendments
of 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 VI 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 of 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.G. 6101 et seq.);
(g) The Civil Rights Restoration Act of 1987, (Pub. L. 100-209);
(h) Titles II and III of the Americans with Disabilities Act(42 U.S.C. 12131-12189);
(i) Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations
and Low-Income Populations;
(j) Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency
2. Drug Free Workplace. The Agency agrees to comply with the provisions cited 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) Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2
CFR Part 1201);
(b) Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards(2
CFR Part 200) and all other relevant Federal regulations covering the Highway Safety Program;
(c) NHTSA Highway Safety Grant Funding Guidance, as revised, July 2015 (www.nhtsa.gov) and
additions or amendments thereto.
4. Political Activity (Hatch Act) The Agency will comply with provisions of the Hatch Act (5 U,S.C. 1501-
1508), which limits the political activities of employees whose principal employment activities are funded
in whole or in part with Federal funds.
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 officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of ..
Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement.
(ii) If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned
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AOC '7-511✓ INITIALS Revised 0812017
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 cooperative 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 31, U.S. Code. Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure
(b) Restriction on State Lobbying. None of the funds under this program will be used for any activity
specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of
any specific legislative proposal pending before any State or local legislative body. Such activities
include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does
not preclude a State official whose salary is supported with NHTSA funds from engaging in direct
communications with State or local legislative officials, in accordance with customary State practice,
even if such communications urge legislative officials to favor or oppose the adoption of a specific
pending legislative proposal.
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, §200.500. Guidance on determining Federal awards expended is
provided in 2 CFR, Subpart F, §200.502.
(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, Subpart F, §200.501, except when they
elect to have a program-specific audit conducted in accordance with 2 CFR, Subpart F, §200.501,
paragraph (c).
(c) Non-Governmental Entities. Non-governmental entities (not-for-profit and for-profit entities) must
adhere to North Carolina General Statute 143C-6.22 and 09 NCAC Subchapter 03M.
7. Instructions for Lower 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 1300.
(b) The certification in this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into. If 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 and/or debarment.
(c) The prospective lower tier participant shall provide 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, debarment, suspension, ineligible, lower tier, participant, person,
primary tier, principal, and voluntarily excluded, as used in this clause, have the Meanings set out in ; •
the Definition and Coverage sections of 2 CFR Part 180. 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 participant agrees by submitting this proposal that, should the proposed
covered transaction 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 NHTSA.
(f) The prospective lower tier participant further agrees by submitting this proposal that it will include the
clause titled "Instructions for Lower Tier Certification" including the "Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transaction,"
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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 1300.
(g) A participant in a covered transaction may rely upon a certification of 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 may decide the method and frequency by which it
determines the eligibility of its principals. Each participant may, but is not required to, check the List of
Parties Excluded from Federal Procurement and Non-procurement Programs.
(h) Nothing contained in the foregoing shall be construed to require establishment of a system of records
in order to render in good faith the certification 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 the ordinary course of business dealings.
(i) Except for transactions authorized under paragraph 7(e) of these instructions, if a participant 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, the department or agency with which this
transaction originated may disallow costs, annul or terminate the transaction, issue a stop work order,
debar or suspend you, or take other remedies as appropriate.
(j) Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower
Tier Covered Transactions.
(i) 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.
(ii) 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.
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 only steel, iron and manufactured products produced in the United States with Federal funds,
unless the Secretary of Transportation determines that such domestically 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. In order to use Federal funds to purchase foreign produced items, the State must submit
a waiver request that provides an adequate basis and justification to and approved by the Secretary of
Transportation,
9. Prohibition On Using Grant Funds To Check For Helmet Usage. The Agency and each subrecipient
will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints
that specifically target motorcyclists.
10. Conditions for State, Local and Indian Tribal Governments. State, local and Indian tribal government
Agencies shall adhere to the standards established by 2 CFR Part 225, Cost Principles for State, Local,
and Indian Tribal Governments and additions or amendments thereto, for principles for determining costs
applicable to grants and contracts with state, local and Indian tribal governments.
11. Conditions for Institutions of Higher Education. If the Agency is an institution of higher education, it .
shall adhere;to the standards 'established by 2 CFR Part 215 Uniform Administrative Requirements,for .
Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit •
Organizations and 2 CFR 220.Cost Principles for Educational Institutions for determining costs applicable
to grants and contracts with educational institutions. .
12. Conditions for Non-Profit Organizations. If the Agency is a non-profit organization, it shall adhere to
the standards established by 2 CFR Part 215 Uniform Administrative Requirements for Grants and
Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations and 2
CFR Part 230 Cost Principles for Non-Profit Organizations for determining costs applicable to grants and
contracts with non-profit organizations.
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13. Conditions for Hospitals. If the Agency is a hospital, it shall adhere to the standards established by 2
CFR Part 215 Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher
Education, Hospitals, and Other Non-Profit Organizations and
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. Subcontracting does not relieve the
Agency of any of the duties and responsibilities of this agreement. The subcontractor must comply with
standards contained in this agreement and provide information that is needed by the Agency to comply
with these standards. 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 2 CFR Part 200 and North Carolina General Statute 143-128.4.
Historically underutilized business defined; statewide uniform certification 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-13 of this Agreement in every subcontract, including procurements of materials and leases of
equipment, unless exempted by the regulations, or directives issued pursuant thereto. The Agency shall
take such action with respect to any subcontract or procurement as the Department, the State of North
Carolina, hereinafter referred to as the "State", the National Highway Traffic Safety Administration,
hereinafter referred to as "NHTSA", or the Federal Highway Administration, hereinafter referred to as
"FHWA", may direct as a means of enforcing such provisions including sanctions for noncompliance.
Provided, however, that in the event the Agency becomes involved in, or is threatened with, litigation with
a subcontractor or supplier as a result of such direction, the Agency may request the Department or the
State to enter into such litigation to protect the interests of the Department or the State. In addition, the
Agency may request the NHTSA or FHWA to enter into such litigation to protect the interests of the
United States.
5. Outsourcing. All work shall be performed in the United States of America. No work will be allowed to be
outsourced outside the United States of America.
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
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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. Payments are made on a reimbursement basis. There is no schedule of advance payments.
Only actual allowable costs are eligible for reimbursement. Claims for reimbursement must be made
a minimum of quarterly and no more than once a month via the Grants Management System. Claims
for reimbursement riot made within the three month threshold are subject to denial. The 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 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 2 CFR 200.307. Program income earned during the contract
period shall be retained by the Agency and deducted from the federal funds committed to the project by
the GHSP unless approved in advance by the Federal awarding agency as an addition to the project.
Program income must be accounted for separately and the records made available for audit purposes.
12. Project Directors. The Project Director, as specified on the signature page of this Agreement, must be
an employee of the Agency or the Agency's governing body. Any exception to this provision must have
the expressed written approval of GHSP.
13.'Reports Required.
(a) Quarterly Progress Reports. Unless otherwise directed, the Agency must submit Quarterly
Progress Reports to the GHSP, on forms provided by the Department, which reflect the status of •
` ` project implementation and attainment of stated goals. Each progress report shall describe the project
• status by quarter and shall be submitted to GHSP no later than fifteen (15) days after the end of each
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 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 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.
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(c) Audit Reports. Audit reports required in Section A-6 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-ear 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 engaging in enforcement activities must submit a Monthly Enforcement
Data Report on the form provided by the Department no later than fifteen (15) days after the end of
each month. 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-6 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, 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.
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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 five (5) years from the date of final payment from the Department or until all audit exceptions have
been resolved, 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. Pursuant to N.C.G.S. §147-64.7, the Department, the State Auditor, appropriate
federal officials, and their respective authorized employees or agents are authorized to examine all
books, records, and accounts of the Agency insofar as they relate to transactions with any department,
board, officer, commission, institution, or other agency of the State of North Carolina pursuant to the
performance of this Agreement or to costs charged to this Agreement.
•
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,
due to management deficiencies or criminal activity this contract may be immediately canceled,
' terminated, or suspended in whole or in part by the Department. For noncompliance not indicative of
management deficiencies or criminal activity the Department shall give sixty (60) days written notice
to take corrective action. If the Agency has not taken the appropriate corrective action after sixty (60)
days the Department may cancel,terminate,or suspend this contract in whole or in part.
(b) By mutual consent. The Agency or the Department may terminate this contract by providing sixty
(60) days advanced written notice to the other party.
(c) Unexpended funds. Any unexpended funds remaining after cancelation or termination will revert to
the Department.
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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 activities in Iran;
(b) that the Agency shall not utilize on any contract with the State agency any subcontractor that is
identified on the Final Divestment List; and
(e) that the undersigned Agency Authorizing Official is authorized by the Agency to make this
Certification.
29. Agency Fiscal Year. The end date for the Agency's fiscal year is J k 1c 304
30. Signature. By signing below, the Agency agrees to adhere to the terms and conditions of this Agreement.
AGENCY PROJECT DIRECTOR
NAME TITLE ADDRESS / 4,4
/1/4/754)r644- L 2,7 z 7(
SIGNATURE DATE TELEPHONE NUMBER
40/57—. 0. 07-0/- 207 ilk - 20--; zYe)
AGENCY AUTHORIZING OFFICIAL
NAME TITLE ADDRESS
SIGNATURE DATE TELEPHONE NUMBER
AGENCY OFFICIAL AUTHORIZED TO RECEIVE FUNDS
NAME TITLE ADDRESS
SIGNATURE DATE TELEPHONE NUMBER
•
•
•
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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 (42 U.S.C. 2000d et seq., 78 stat. 252);
(b) The Uniform Relocation Assistance and Real Property Acquisition 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 IX of the Education Amendments
of 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 VI 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 of 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.G. 6101 et seq.);
(g) The Civil Rights Restoration Act of 1987, (Pub. L. 100-209);
(h) Titles II and 111 of the Americans with Disabilities Act(42 U.S.C. 12131-12189);
(i) Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations
and Low-Income Populations;
0) Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency
2. Drug Free Workplace, The Agency agrees to comply with the provisions cited 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) Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards(2
CFR Part 1201);
(b) Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards(2
CFR Part 200) and all other relevant Federal regulations covering the Highway Safety Program;
(c) NHTSA Highway Safety Grant Funding Guidance, as revised, July 2015 (www.nhtsa.gav) and
additions or amendments thereto.
4. Political Activity (Hatch Act) The Agency will comply with provisions of the Hatch Act (5 U.S.C. 1501-
1508), which limits the political activities of employees whose principal employment activities are funded
in whole or in part with Federal funds.
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 officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the .
extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement.
(ii) If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned
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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 cooperative 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 31, U.S. Code. Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure
(b) Restriction on State Lobbying. None of the funds under this program will be used for any activity
specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of
any specific legislative proposal pending before any State or local legislative body. Such activities
include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does
not preclude a State official whose salary is supported with NHTSA funds from engaging in direct
communications with State or local legislative officials, in accordance with customary State practice,
even if such communications urge legislative officials to favor or oppose the adoption of a specific
pending legislative proposal.
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, §200.500. Guidance on determining Federal awards expended is
provided in 2 CFR, Subpart F, §200.502.
(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, Subpart F, §200.501, except when they
elect to have a program-specific audit conducted in accordance with 2 CFR, Subpart F, §200.501,
paragraph (c).
(c) Non-Governmental Entities. Non-governmental entities (not-for-profit and for-profit entities) must
adhere to North Carolina General Statute 143C-6.22 and 09 NCAC Subchapter 03M,
7. Instructions for Lower 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 1300.
(b) The certification in this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into. If 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 and/or debarment.
(c) The prospective lower tier participant shall provide 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, debarment, suspension, ineligible, lower tier, participant, person,
primary tier, principal, and voluntarily excluded, as used in this clause, have the meanings set out in:
the Definition and Coverage sections of 2 CFR Part 180. You may contact the person to whore 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 transaction 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 NHTSA.
(f) The prospective lower tier participant further agrees by submitting this proposal that it will include the
clause titled "Instructions for Lower Tier Certification" including the "Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transaction,"
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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 1300,
(g) A participant in a covered transaction may rely upon a certification of 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 may decide the method and frequency by which it
determines the eligibility of its principals. Each participant may, but is not required to, check the List of
Parties Excluded from Federal Procurement and Non-procurement Programs.
(h) Nothing contained in the foregoing shall be construed to require establishment of a system of records
in order to render in good faith the certification 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 the ordinary course of business dealings.
(i) Except for transactions authorized under paragraph 7(e) of these instructions, if a participant 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, the department or agency with which this
transaction originated may disallow costs, annul or terminate the transaction, issue a stop work order,
debar or suspend you, or take other remedies as appropriate.
(j) Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower
Tier Covered Transactions.
(I) 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.
(ii) 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.
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 only steel, iron and manufactured products produced in the United States with Federal funds,
unless the Secretary of Transportation determines that such domestically 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. In order to use Federal funds to purchase foreign produced items, the State must submit
a waiver request that provides an adequate basis and justification to and approved by the Secretary of
Transportation.
9. Prohibition On Using Grant Funds To Check For Helmet Usage. The Agency and each subrecipient
will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints
that specifically target motorcyclists.
10. Conditions for State, Local and Indian Tribal Governments. State, local and Indian tribal government
Agencies shall adhere to the standards established by 2 CFR Part 225, Cost Principles for State, Local,
• and Indian Tribal Governments and additions or amendments thereto, for principles for determining costs •
applicable to grants and contracts with state, local and Indian tribal governments.
•
11. Conditions for Institutions of Higher Education. If the Agency is an institution of higher education, it
shall adhere to the standards established by.? CFR Part 215 Uniform Administrative Requirements:for
' Grants and Agreements with Institutions of Higher Education, Hospitals, and Other .Non-Profit
Organizations and 2 CFR 220 Cost Principles for Educational Institutions for determining costs applicable
to grants and contracts with educational institutions. •
• 12'. Conditions for Non-Profit Organizations. if the Agency is a non-profit organization, it shall adhere to •
the standards established by 2 CFR Part 215 Uniform Administrative Requirements for Grants and
Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations and 2
•
CFR Part 230 Cbst Principles for Non-Profit Organizations for determining costs applicable to grants and
contracts with non-profit organizations.
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13. Conditions for Hospitals. If the Agency is a hospital, it shall adhere to the standards established by 2
CFR Part 215 Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher
Education, Hospitals, and Other Non-Profit Organizations and .
•
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. Subcontracting does not relieve the
Agency of any of the duties and responsibilities of this agreement. The subcontractor must comply with
standards contained in this agreement and provide information that is needed by the Agency to comply
with these standards. The Agency must submit any proposed contracts for subcontracted services to the
Governors 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 2 CFR Part 200 and North Carolina General Statute 143-128.4.
Historically underutilized business defined; statewide uniform certification 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-13 of this Agreement in every subcontract, including procurements of materials and leases of
equipment, unless exempted by the regulations, or directives issued pursuant thereto. The Agency shall
take such action with respect to any subcontract or procurement as the Department, the State of North
Carolina, hereinafter referred to as the "State", the National Highway Traffic Safety Administration,
hereinafter referred to as "NHTSA", or the Federal Highway Administration, hereinafter referred to as
"FHWA", may direct as a means of enforcing such provisions including sanctions for noncompliance.
Provided, however, that in the event the Agency becomes involved in, or is threatened with, litigation with
a subcontractor or supplier as a result of such direction, the Agency may request the Department or the
State to enter into such litigation to protect the interests of the Department or the State. In addition, the
Agency may request the NHTSA or FHWA to enter into such litigation to protect the interests of the
United States.
5. Outsourcing. All work shall be performed in the United States of America. No work will be allowed to be
outsourced outside the United States of America.
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
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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. Payments are made on a reimbursement basis. There is no schedule of advance payments.
Only actual allowable costs are eligible for reimbursement. Claims for reimbursement must be made
a minimum of quarterly and no more than once a month via the Grants Management System. Claims
for reimbursement not made within the three month threshold are subject to denial. The 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 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 2 CFR 200.307. Program income earned during the contract
period shall be retained by the Agency and deducted from the federal funds committed to the project by
the GHSP unless approved in advance by the Federal awarding agency as an addition to the project.
Program income must be accounted for separately and the records made available for audit purposes.
12. Project Directors. The Project Director, as specified on the signature page of this Agreement, must be
an employee of the Agency or the Agency's governing body. Any exception to this provision must have
the expressed written approval of GHSP.
13. Reports Required.
(a) Quarterly Progress Reports. Unless otherwise directed, the Agency must submit Quarterly
Progress Reports to the GHSP, on forms provided by the Department, which reflect the status of
project implementation and attainment of stated'goals. Each progress report shall describe the project
status by quarterand 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 protect, 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 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.
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(c) Audit Reports. Audit reports required in Section A-6 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 engaging in enforcement activities must submit a Monthly Enforcement
Data Report on the form provided by the Department no later than fifteen (15) days after the end of
each month. If the Agency fails to submit a Monthly Enforcement Data Report or submits art
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-6 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, 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.
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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 five (5) years from the date of final payment from the Department or until all audit exceptions have
been resolved, 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. Pursuant to N.C.G.S. §147-64.7, the Department, the State Auditor, appropriate
federal officials, and their respective authorized employees or agents are authorized to examine all
books, records, and accounts of the Agency insofar as they relate to transactions with any department,
board, officer, commission, institution, or other agency of the State of North Carolina pursuant to the
performance of this Agreement or to costs charged to this Agreement.
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,
due to management deficiencies or criminal activity this contract may be immediately canceled,
•
terminated, or suspended ih whole or in part by the Department. For noncompliance not indicative of
management deficiencies or criminal activity the Department shall give sixty (60) days written notice •
to take corrective action. if the Agency has not taken the appropriate corrective action after sixty (60)
days the Department may cancel,terminate, or suspend this contract in whole or in part.
(b) By mutual consent. The Agency or the Department may terminate this contract by providing sixty
(60)days advanced written notice to the other party.
(c) Unexpended funds. Any unexpended funds remaining after cancelation or termination will revert to
the Department.
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30
AOC {iO INITIALS Revised 08/2017
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 activities in Iran;
(b) that the Agency shall not utilize on any contract with the State agency any subcontractor that is
identified on the Final Divestment List; and
(c) that the undersigned Agency Authorizing Official is authorized by the Agency to make this
Certification.
29. Agency Fiscal Year.The end date for the Agency's fiscal year is NJ inC �-
30. Signature. By signing below, the Agency agrees to adhere to the terms and conditions of this Agreement.
AGENCY PROJECT DIRECTOR
NAME TITLE ADDRESS
04 hv /66
//,'//s AJe: e 72/7,
SIGNATURE DATE TELEPHONE NUMBER
8/773' 69- 2/_?( (1 9/ Z C- Z°49�
AGENCY AUTHORIZING OFFICIAL
NAME TITLE ADDRESS
SIGNATURE DATE TELEPHONE NUMBER
AGENCY OFFICIAL AUTHORIZED TO RECEIVE FUNDS
NAME TITLE ADDRESS
SIGNATURE DATE TELEPHONE NUMBER
•
•
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