Agenda 04/13/2010 Item #16F 2
Agenda Item No. 16F2
April 13, 2010
Page 1 of 21
EXECUTIVE SUMMARY
Recommendation to approve the after-the-fact submittal of an Emergency Medical
Services Tracking and Reporting System (EMSTARS) Field Data Collection Grant to the
Florida Department of Health, Bureau of Emergency Medical Services in the amount of
$158,500.
OBJECTIVE: To receive after-the-fact approval to submit an application to request funding
for new software and upgraded hardware for the submission of patient care reports (PCRs).
CONSIDERATIONS: On February 11,2010, the County Manager approved the submittal of
an EMSTARS grant application, in accordance with Collier County CMA #5330, which
authorizes the COWlty Manager to approve the submittal of grant applications with subsequent
BCC action to ratify the approval as "after-the-fact."
Collier COWlty EMS submitted an application on behalf of Collier County to request funding for
new software and upgraded hardware for the submission of patient care reports (PCRs). Collier
COWlty EMS initially did not believe that funding would be available due to compliance with
EMST ARS reporting, but later learned that funding was still available and the deadline had been
extended to February 12, 2010.
EMS has been utilizing Healthware's EMS 2000 for the past 8 years. This vendor was sold and
consequently support for this software will only be available until March 20 II. Once new
software is chosen, most of the computers used by field personnel are outdated and will need to
be upgraded to support the technology of the new electronic PCR software.
The total funds requested for this project was $158,500. This is a cost reimbursement grant. If
awarded, staff will come back to the Board to request approval to accept the grant.
FISCAL IMPACT: There is no Fiscal Impact at this time. There are no matching funds
required.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office.
Should this grant be awarded, staff will return to the Board for authorization to accept the grant.
This item is legally' sufficient for Board action. - CMG
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact resulting
from this action.
RECOMMENDATION: That the Board of County Commissioners approves the after-the-fact
submittal of an EMST ARS Field Data Collection Grant to the Florida Department of Health,
Bureau of Emergency Me<lical Services in the amount of $158,500.
PREPARED BY: Artie Bay, Supervisor-Accounting, Emergency Medical Services
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16F2
April 13, 2010
Page 2 of 21
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16F2
Recommendation to approve the after-the..fact submittal of an Emergency Medical Services
Tracking and Reporting System (EMSTARS) Field Data Collection Grant to the Florida Department
of Health, Bureau of Emergency Medica! Services in the amount of $158,500.
4/13/2010 90000 AM
Date
Prepared By
Artie Bay
Bureau of Emergency
Services
Senior Administrative Assistant
EMS
3/26/20104:27:55 PM
Date
Approved By
Jeff Page
Bureau of Emergency
Services
Chief - Emergency Medical Services
EMS Operations
3/26/2010 4:36 PM
Date
Approved By
Marlene J. Foord
Administrative Services
Division
Grant Development & Mgrnt Coordinator
Administrative Services Division
3/28/20104:43 PM
Date
Approved By
Colleen Greene
County Attorney
Assistant County Attorney
County Attorney
3/30/20103:40 PM
Date
Approved By
Dan E. Summers
Bureau of Emergency
Services and Emergency
Management
Director of Emergency Services
Bureau of Emergency Services and
Emergency Management
3/31/20108:27 AM
Date
Approved By
Jeff Klatzkow
County Attorney
3/31/20109:03 AM
Date
Approved By
OMB Coordinator
County Manager's Office
Office of Management & Budget
4/1/20109:15 AM
Date
Approved By
Sherry Pryor
Office of Management &
Budget
Management! Budget Analyst, Senior
Office of Management & Budget
4/1/20101:14 PM
Leo E. Ochs, Jr.
Date
Approved By
County Managers Office
County Manager
County Managers Office
4/5/2010 4:24 PM
Agenda Ilem No. 16F2
April 13, 2010
Page 3 of 21
FLORIDA DEPARTMENT OF HEAL TH
Bureau of Emergency MedIcal ServIces
408 EMS Agency Subgrant ApplicatIon
Complete aI/items unless Instructed differently within the application
ID. Code (The State Bureeu of EMS will aeelgn the ID Code - leave thle blenk)
1, OrnRnlZAllon NAmA: Collier County Emeraencv Medical Sarvlces
2. AODllcetlon Slaner: (The applicant signatory who has authority to sign contracts, grants, and othar
legal documents. This Indlvlduel must sign this application.)
Name: Leo Cohs
Poslllon Tme: Counlv Manaoer
Address: 3301 Tamlaml Trail E.
CIIv: Naples Countv: Collier
Stata: Florida Zlo Code: 34112
TelePhone: 239.252.8383 Fax Number. 239.252.3298
E.Mall Address: LeoOcha<1ilcollleroov.nat
3. Contact Person: (The Individual with direct knowledge of the project on a day.to-dey basis and
responslblllly for the ImplementaUon of the program activities. This person may sign project reports and
may request project changes. The application signer and the contact person may be the seme.)
Neme: Jeff Paoe
Poslllon Title: Chief
Address: 8075 Lelv Cultural Pkwv
Suite 267
Cltv: Naples Countv: Co lIer
State: Florida ZID Code: 34113
TeleDhone: 239.252.3740 Fax Number: 239.252.3298
E.malt Address: JeffPaneUilcollleroov,net
4
Agenda Item No. 16F2
April 13, 2010
Page 4 of 21
4. AODII"nt Information:
a) Legal Stetus of Applicant Organlzstlon (Check only one response):
(1) B Privata Not for ProOt [Attach documentatlon.501 (3) C]
(2) Private For Profit
(3) 0 Clty/MuntclpelltyffownNlllage
(4) 0 County
(5) 0 Stale
(6) 0 Olher (speclly):
b) EMS Ucense Number: ~ Type: 0Transport ONon-transport OBoth
0) Number of permitted vehicles by type: _ BLS ~ ALS Transport _ ALS non. transport.
d) IlPe of Service (check one): ORescue OFlre 0Thlrd Service (County or City Gov., nonfire)
UAlr ambulance: OFlxed wing ORoto.wlng OBolh OOlher (speclly) .
e) Yearly EMS Call Volume: 35,139
f) Population density of area served 332,064 and year determined 2009
g) EMSTARS pertlclpant? 0 Yes 0 No
h) EMSTARS commlltad w1lh target submission date? 0 Yas 0 No
Target Date: 3/2008
I) Do you have access to an Information Technology system administrator? 0 Yes 0 No
(Descrlbe) System Admlnlslrator or Electronic Patient Care Reporting Admlnlnslrator:
5
Agenda Item No. 16F2
April 13, 2010
Page 5 of 21
5. Justification Summary:
A. Overall Goal of Request: Enhancing an electronic EMS data collection system to
enable consistent submission of EMS incident related data to the Bureau of Emergency
Medical Services Pre-Hospital System (EMST ARS) for state compliance to the National
EMS Information system (NEMSIS).
B. Current Situation:
B.l Problem: Collier County EMS has been utilizing Healthware's EMS 2000 for the
last 8 years. In 2009 CCEMS was informed by Healthware that the company had been
sold and they would only support the software until March 2011. Consequently, CCEMS
is forced to research and purchase another E-PCR Software vendor. Healthware's current
version of EMS 2000 still does not allow CCEMS to be totally electronic due to some
signature page issues in the latest version. It is expected that the new electronic software
would improve both accuracy and completeness. Often, when rep0l1s are submitted
electronically after being translated from the paper copy, infonnation is missed or mis-
communicated, requiring staff to have go back and review to make corrections. New
software would also allow us to reduce turnaround time for our billing from about a week
to one day. The new software will also allow CCEMS to enhance the QA/QI process that
is currently being used. Our current software requires many man hours of sifting by hand
many ofthe reports.
In addition, when a new software vendor is chosen, most of our field computers will not
be able to support new software to be completely paperless. Of the 30 computers in 0111'
Agenda Item No. 16F2
April 13, 2010
Page 6 of 21
system, 20 have outlived their usefulness and will not support Bluetooth technology that
is needed with any new electronic PCR software.
B.2 Impact to EMSTARS Participation and/or Quality Submission: CCEMS has
been EMST ARS Compliant since March of 2008. CCEMS was scheduled to come on
bow-d with EMST ARS starting July 2008. However the EMS Data Unit asked if CCEMS
could come on board earlier as a participant in the Pilot program because some of the
other providers that had previously committed to the progrwn were unable to participate.
For the period October i, 2008 and September 30, 2009, CCEMS responded to 35,139
calls servicing a geographic area of 2,025 square miles and a permanent population of
332,064, swelling to nearly 400,000 during peak season (2009 Collier County
Comprehensive Planning Department estimate). Collier County EMS has on staff an
Information Technology System Administrator, as well as an Electronic Patient Care
Reporting Administrator.
B.3 Proposed Solution to Problem: In order to upgrade our medical reporting
procedures, CCEMS must purchase new software that will be able to meet our current
needs and our needs of the future and new/refurbished field computers are needed to meet
the software specifications to enable CCEMS to fully integrate a completely paperless
system. This proposal inchldes a comprehensive list that will allow CCEMS to upgrade
its current software and hardware to go from a combination of electronic and hard copy
system, to a fully electronic system that will allow real time data infOlmation to our
billing department as well as hospitals that are utilized for patient transports.
Agenda Item No. 16F2
April 13, 2010
Page 7 of 21
8.4 Out~ome Expe~te(l: The purchase of new software and upgrading of 20 computers
will allow reliable and consistent data submission to remain EMSTARS compliant, along
with the capability of having a fully electronic system that will allow real time data
transmission as well as allow us to go completely paperless.
8.5 AIt~rnfttive Source of Funds: All county grant funds have been committed to other
critical projects that otherwise wO\lld be impossible for CCEMS to fund. As is the case
with all other counties in the State, Amendment One has severely and adversely affected
our tax revenues. As a result of this amendment, the economy and the falling property
values we have experienced considerable budgel reductions over the past couple years
and it is anticipated that we will once again experience mid-year budget cuts and
reductions for FY II as well. These reductions have impeded our ability to fund daily
operations, much less implement upgrades to existing software and equipment.
Agenda Item No. 16F2
April 13, 2010
Page 8 of 21
6. Work actlvltlaa and tlma framaa: Indicate the meJor activities or steps you will take for oompletlng
the project (use only the space provided). You must oomplete all purchases prior to August 31, 2010.
Work Activity Number of Months After Project Starts
Benin End
Obtain Grant Award Month 1 Month 1
Purchase softwere/hardware Month 1 Month 1
Receive and Install Month 2 Month 3
raIn personnel Month 3 Month 4
Begin EMST AR Data Uploads to ensure Compliance Month 4 1M0nth 5
Monitor use/performance Continuous
7
Agenda Item No. 16F2
April 13, 2010
Page 9 of 21
7. Granl Budgal Requeat Unit Costa: Quantity Tolal Juatlflcatlon: State why the
List the Costs Items and quanltUes listed ere
price and necessary components of this
source(s) of project and how the Item(s) Itsled
Ihe price will further or enhence your
ldenllfied. agencies participation In
EMSTARS
~ These are $92,020 . 1 $92,020 This cost represents the purchase
costs for the usual and Purchase end end Installetlon of the electronic
ordinary Incldenlel Instatlallon of PCR software.
expenditures by an agency ImageTrend
such as software; software
~ expenditures (currently on
classified as operating EMSTAR
capital oullay (see next process
category). verification tlst
$2,500 . 1 $2,500
Onsile
Training
EXPENSE TOTAL: $ 94,520
$63,980 for 20 $63,980 Justification: State why the
ODeratlna Cacltal Purohase of Ilems and quanlltles IIsled are
Outlay: Panasonlc necessary components of this
Equipment, fixtures, and Toughbook project and how the Item(s) listed
other tangible personal Computers to will further or enhance your
property of a non. upgrade agencies pertlclpallon In
consumable and non. obsolete EMSTARS
expendable neture, mll! models at 01 the existing 30 fleld computers,
the normel expected life of $3,199 per o will not supporl the teChnology
which Is 1 year or more. unit needed with new electronic PCR
software.
OCO TOTAL: $a3,980
I Grand Total Of Funds
Requested
I $158,500
8
Agenda Item No. 16F2
April 13, 2010
Page 10 of 21
PLEASE NOTE: This Item must be signed by the Individual identified in Item # 2 (Application
Signer) on page 4.
I c n A 8 t a Ce Iflcatlon:
My signature below certifies the followln :
I am aware that any omissions, falslflcetlons, mlsstetements, or misrepresentations in this
ppllcatlon may disqualify me for these funds and, If funded. may be grounds for tenninallon at a
laler date. I underslend thet any Information I give may be Investigated as allowed by law. I
ertlfy that to the best of my know/edge and belief that all of the statements contained herein and
n any attachments are true, correct, complate, end made In good faith.
I agree that any and all Information submllled In thl8 application will become a public document
ursuant to Section 119.07, F.S. when received by the Florida Bureau of EMS, This Includes
aterlal which the applicant might consider to be confidential or a trade secreL Any claim of
nfidentiellty Is waived by the applicant upon submission of this application pursuant to Sactlon
119.07, F .5., effective after opening by the Florida Bureeu of EMS,
I accept that, In the best Interests of the State, the Florida Bureau of EMS reserves the right to
reject or revise eny and all applications or waive any minor Irregularlly or technlcallly in
ppllcatlons received, and can exercise that right.
I certify that all cash, salaries, fringe benefits, expenses, equipment, and other expenses as IIsled
In this application shall be commllled and used for the actlvlllas approved as a part of this
ppllcatlon.
he parties to this contract shall be bound by all applicable sections of Part V: Acceptance and
greement of Prolect # K9.10-18.01. DOT Contract # AP079 (Attachment I\. A final invoice must
be ecelve b 2 or m II rI fled.
cceptance of Tenns and Conditions: If awarded funding, I certify that I will comply with all of the
bove and also accept the attached terms and condltlon8 and acknowledge this by signing
below.
,)-1(1110
MMI DD/YV
Department Approval: (to be signed upon epprove!.)
Signed by Project Dlreotor
1 1
MM/DD IVV-
11
Agenda Item No. 16F2
April 13, 2010
Page 11 of21
FLORIDA DEPARTMENT OF HEAL TH
EMS PROGRAM
REQUEST FOR REIMBURSEMENT
DOH Remit Payment To:
Name of Agency: Collier County Emergency Medical Services
Mailing Address: 6075 Lely Cultural Parkway, Suite 267
Naples, FL 34113
Federal Identification Number: 59'6000~.. ;;')/1 )/ C
Authorized Agency Official: ~ ~
Ignature Date
I Leo 0ehI, COtInty Manager I
Typa Name and Title
Sign and return this paga with your applleallon to:
Florida Department of Health
EMS Grant Program
DOT FundIng
4052 Beld Cypress Way, Bin C18
Tallahassee, Florida 32399.1738
Do not write below this line. For use by Bureau of Emergency Medlcsl Services personnel only
Amount For DOH To Pay: $
Approved By: Dales:
Signature of EMS Project Director Beginning Ending
Oroanlzatlon Code ~ QQA ~
64. - - -
Federal Tax 10: VF ---------
12
C~~~ County
Agenda Item No. 16F2
April 13, 2010
ill'<"'I\fl>age 12 of 21
OFF1C,[- OF: Cnl i:,rrV i\ft"t\NAGCFl.
Administrative Services Division
Grants Coordination
rl::.l:jl f ,U'IU
l....cTi(}!,J
CC:
Artie Bay, EMS
Marlene Foor~ants Coordinator
ager
date
After-the-Fact Approval by the Bee is required
at the March 9. 20 I 0 Bec meeting
TO: Leo Ochs, County Manager
FROM:
DATE:
February 10,2010
SUBJECT: County Manager Review and Approval of an EMST ARS Field Data Collection
Grant Application - A Florida Department of Transportation Funding
Opportunity
Collier County Emergency Medical Services (EMS) has been notified of a grant opportunity
provided by State of Florida Bureau of Emergency Medical Services using funds from the
Florida DepaI1ment of Transportation's FY 09/10 408 Grant Program, The original grant
deadline was January 31, 2010 and it was understood that EMS was not initially eligible to apply
for funds. EMS has since learned that funding is still available tlu'ough the program and Collier
County can submit a request for funding through February 12,2010.
If funded, the grant will fund new software and upgraded hardware for the submission of patient
care reports. EMS has been utilizing Healthware's EMS 2000 for the past 8 years. This vendor
was sold and consequently support for this software will only be available until March 20 II.
Once new software is chosen, most of the computers used by field personnel are outdated and
will need to be upgraded to suppor1 the technology of the new electronic PCR software.
Because the application needs to be submitted by Febmary Izth, we are requesting your approval
to be followed by after-the-fact approval by the Board of County Commissioners
Once you have reviewed the proposal, please sign in the box above and cal1 me for pickup at
252-4768. .
Thank you and please let me know if you have any questions regarding this request.
3301 E.st Tamlaml Trail' Naples, Florida 34112 . lIlarlencfoord(a)colllel'2o\'.nel' (239) 252.4768' (239) 252.8720 (fax)
Agenda Item No. 16F2
April 13, 2010
Page 13 of 21
Rule 14.98.005,FAC.
_-0'
SAFETY
0'''''
Part V: Acceptance and Agreement
Conditions of Agreement. Upon approval of this Subgrant Application for Highway Safety Funds, the following terms
and conditions shall become binding. Noncompliance will result In loss of, or delays In, reimbursement of costs as set
forth herein.
1. Reports, Thesubgrant year quarlers are Oclober 1. December 31, January 1. March 31, April 1 . June 30, and July
1 . September 30. The Implementing agency shall submit the Quarterly Progress Report Narrstlve and Quarlerly
progresa Report of Performance Indicators forms to the State Safety Office by the last day of the month following the
end 01 each quarter (January 31, April 30, July 31, and October 31) If the subgrant was effective during any part of the
quarter. Quarterly reports postmarked afler the respective submission dates listed above shall be considered past due,
The implementing agency shall submll a Final Narrative Report, giving a chronological history of the subgrant acllvltles,
problems encountered, and major accomplishments by October 31. Requests for reimbursement will be returned to the
subgrantee or Implementing agency unpaid If the required reports are past due, following notification.
2. Responsibility of Subgrantee. The subgrantee and Its Implementing agency shall establish fiscal control and fund
accounllng procedures that assure proper disbursement and accounllng of subgran! funds and required non.federal
expenditures. All monies spent on this project shall be disbursed In accordance with provisions of the Project Detail
Budget as approved by the State Safety Office. All expenditures and cost accounting of funds shall conform to 49 CFR.
Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments; 49 CFR, Part 19, Uniform AdmInistrative Requlrsmente for Grants and Agreements with Institutions
of Higher Education, Hospitals, and Other Non.Proflt Organizations; OMS Circular A.102, Grants and Cooperative
Agreements with State and Locsl Governments; OMS Circular A.11 0, Uniform Administrative Requirements for
Grants and Agreements with Inetllutlons of Higher Education, HosplIals, and Other Non.Proflt Organizations;
OMS Clrcuiar A-21, Cost Principles for Educatlonallnatllutlons; 2 C.F.R. 225 (OMS Circular A.8?), Cost Principle.
for State, Local, and Indian Tribal Governments; and/or OMS Circular A.122, Cost Principles for Non.Proflt
Orgenlzatlons, hereby incorporated by reference, (hereinafter referred to as Applicable Federal Law).
3. Compliance with Chapter 287, Florida StatuIes. The subgrantee and Implementing agency agree to comply with
all appltcable provisions of Chapter 287, Florida Statutes. The following provisions are stated In Ihls agreement pursuant
to sections 287.133(3)(a) and 287.134(3)(a), Florida Statutes.
(a) Section 287.133 (2)(a), F.S.
A person or afflllale who has been placed on the convicted vendor list following a convlcllon for a public entity crime
may not submit a bid, proposal, or reply on a contract to prOVide goods or services to a public entity; may not submit a
bid, proposal, or reply on a contract with a public enlily for the construction or repair of a public building or public work;
may not submit bids, proposals, or repties on leases of real property to a public enlily; may not be awarded or perform
work as a contractor, supplier. subcontractor, or consultant under a contract with any public entity; and may not
transact business with any pUblic enlily In excess of the Ihreshold amount provided In 5. 287.017 for CATEGORY
TWO for a period of 36 months following Ihe date of being placed on the convicted vendor list.
(b) Section 287.134 (2)(a), F.S.
An enlily or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on
a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contracl
with a public entlly for the construction or repair of a public building or public work; may not submll bids, proposals, or
replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public eDllly; and may not transacl business wllh any public
entity.
4. Approval of Consultant and Contractor Agreements. The State Safety Office shall review and approve In writing
all consultant and contractor agreements prior to the actual employment of the consultant or the contractor by the
subgrantee or Implementing agency. Approval of the sub grant does not constitute approval of a consultant or contractor
agreement.
17
Agenda Item No. 16F2
April 13, 2010
Page 14 of 21
Rule 14-98.005. FAC.
5OO.Q65.o1
SAFETY
091\l8
All contractual service agreements shall Include as a minimum the following Information:
Beginning and end dates of the agreement (not to exceed the grant period);
Total contract amount;
Scope of work/Services to be provided;
BudgellCost Analysis; and
Method of compensallonlPayment Schedule.
All contractual service agreements shall contain the following statement:
The parties to this contract shall be bound by all applicable secllons of Part V: Acceptance and Agreement of
Project # (Insert project number), DOT Contract # (Insert contract number). A final Invoice must be received by
(Insert date) or payment will be forfeited.
All Invoices for contractual services shall contain the following cerllflcetlon statement and must be signed by the
contractor:
All costs are true and valid costs Incurred In accordence wllh the agreement.
5. Allowabie Costs. The allowablllty of costs Incurred under any subgrant shall be determined In accordance with the
general principles of allowablllty and standerds for selected cost Items set forth in the Applicable Federal Law and state
law, to be eligible for reimbursement. All funds not spent In accordance with the Applicable Federal Law will be subject to
repayment by the subgrantee.
6. Travel, Travel costs for approved travel shall be reimbursed In accordance with the State of Florida, Department of
Transportation's (Department's) Dlsbursemenf Operal/ons Manual, Chapter 3 Travel, hereby incorporated by reference,
but not in excess of provisions In Section 112.061, Florida Statutes. All out.of.state travel, conference travel, meeting
travel which Includes a reglstrallon fee, and out'of-grant.speclfled work area travel shall require written approval of the
State Safety Office prior to the commencement of actual travel as being within the travel budget of the project and
retevant to the project. Out.of.state travel shall not be approved unless the specific trip is In the approved subgrant
budget or the head of the Implementing Agency provides sufficient Justification to prove that the travel will have significant
benefits to the outcome of the subgrant activllles. In addlllon, prior written approval shall be obtained from the State
Safety Office for hotel rooms with rates exceeding $150 per day that are to be reimbursed. Rates exceeding $150 per
day shall not be approved unless the hotel Is the host facility for an approved conference or the average rate for all hotels
In the area exceeds $150.
7, Written Approval of Changes. The subgrantee or Implementing agency shall obtain prior written approval from the
State Safety Office for changes to the agreement. Changes to the agreement will be approved which achieve or Improve
upon the outcome of the subgrant work, or where factors beyond the control of Ihe subgrantee require the change. For
example:
(a) Changes In project activities, milestones, or performance indicators set forth In Ihe approved application.
(b) Changes in budget Items and amounls set forth In the approved application.
(c) Chenges to personnel In posillons that are being reimbursed by this agreement.
Changes to the sUbgrant agreement shall be in Ihe form of a written request signed by the Authorized Representative of
the Sub grantee or the Administrator of the Implementing Agency. Requests fon:hanges to the subgrant budgel must be
postmarked no later than June 30 of Ihe fiscal year to be considered. Requests for budget chenges postmarked aller
June 30 will be denied. Delegations of slgnalure authority wIll not be accepted for modification requests.
8. Reimbursement Obligation, The Stale of Florida's performance and obligation to reimburse the subgrantee shall be
subject 10 the availability of Federal highway safety funds and an annual approprlallon by the Legislature. As detailed In
49 CFR, Part 29, Governmentwlde Debarment and Suspension (Nonprocurement) and Governmentwlde
Requirements for Drug-Free Workplace (Grants), hereby incorporated by reference, the subgrantee shall not be
reimbursed for the cost of goods or services received from contractors, consultants, vendors, or Individuals suspended.
debarred, or otherwise excluded from doing business with the Federal government. The subgrantee or Its Implementing
18
Agenda Item No. 16F2
April 13, 2010
Page 15 of 21
Rule 14-9S.005.FAC.
500-005-4l1
SAFETY
""...
agency shall submit the required certlflcalion by consultants with awards in excess of the small purchase threshold flxed
at 10 U.S.C. 2304(g) and 41U.S.C. 253(g) (currently $25,000).
9. Commencement of Projects. If a project has not commenced within 30 days after the acceptance of the sUbgrant
award, the subgranteeor its Implementing agency shall report by letter the steps taken to inlllate the project, the reasons
for delay, and the expecled starling date. If, after 60 days from the acceptance of the award, project activity as described
herein has not begun, a further statement of implementation delay wlli be submitted by the subgranlee or Its implementing
agency to the Slate Safety Office. The subgrantee agrees that If the letter Is not received In the 60 days, the Stete Sefety
Office will cancel the project and reobllgale the funds to olher program areas. The State Safety Office, where warranted
by excusabte delay, will extend the implementation date of the project past the eO.day period, but only by formal written
approval from the State Safety Office.
10. Excusable Celaye.
(a) Except with respect to the defaults of subgrantee's or Implemenllng agency's consultants and contractors which shall
be attributed to the subgrantee, the subgrantee and its implementing agency shall not be In defaull by reason of any
failure In performance .of this agreement in accordance with Its terms If such failure arises out of causes beyond the
control and without the fault or negligence of the subgrantee or its Implementing agency. Such causes are acts of God or
of the pubitc enemy, acts of the Government In either Its sovereign or contractual capacity, fires, floods, epidemics,
quarantine restrictions, strikes, frelghl embargoes, and unusually severe weather, but In every case the failure to perform
must be beyond the conlrol and without the fauit or negligence of the subgrantee. If the failure to perform Is caused by
the failure of the sUbgrantee's or Its implementing agency's consultant or contrector to perform or make progress, and If
such failure arises out of causes beyond the control of the subgrantee, lis Implemenling agency and its consultant or
contractor, and without the fauit or negligence of any of them. the subgrantee shall not be deemed to be In default, unless
(1) the supplies or services 10 be furnished by the consuitant or contractor were obtainable from other sources, (2) the
State Safety Office shall have ordered the subgranlee or Its Implementing agency In writing to procure such supplies or
services from other sources, and (3) the subgrantee or Its Implemenling agency shall have failed to compiy reasonably
with such order.
(b) Upon request of the subgrantee or its Implemenling agency, the State Safety Office shall ascertain the facts and
extent of such failure and, If It shall be determined thaI any failure to perform was occasioned by anyone or more of Ihe
said causes, the delivery schedule shall be revised accordingly.
11. Obligation of Subgrant Funds. Subgrant funds may not be obligated prior to the effective date or subsequent to the
lermlnation date of Iha sub grant period. Only project costs incurred on or after the effective date and on or prior to the
termlnallon date of the subgranl appllcallon are eligible for reimbursement. A cost Is incurred when the subgrantee's
employee, Its Implementing agancy, or approved contractor or consultant performs the service required or whan goods
are received by the subgrantee or Its implementing agency, notWithstanding the date of order.
12. Performance. In the event of default, noncompliance, or vloiation of any provision of this agreement by the
subgraniee, Ihe implementing agency, the subgrantee's consultant(s) or contractor(s) and suppllar(s), the subgrantee
agrees thai the Departmant will impose sanctions. Such sanctions Include withholding of paymenis, cancellation,
termlnallon, or suspension of the agreement in whole or In part. In such an evant, the Department shall notify the
subgrantee and iis impiemenllng agency of such decision 30 days In advance of the effecllve date of such sanction. The
sancllons Imposed by the Department will be based upon the sevorlty of Ihe violation, Ihe ability to remedy, and the effect
on the project. The subgrantee shall be paid only for those services satlsfaclorlly performed prior 10 the effective date of
such sanction.
13. Accass to Records and Monitoring. The Department, National Highway Traffic Safety Adminlstrallon (NHTSA),
Federal Highway Admlnlstrallon (FHWA), and the Chief Financial Officer and Auditor General of the State of Florida, or
any of their duly authorized representatives, shall have access for the purpose of audll and examination of books,
doouments, papers, and records of the subgrantee and Its implemenllng agency, and to relevant books and records of the
subgrantee, Its implementing agency, and Its consultants and conlractors undar this agreement, as provided under
Appticable Federal Law.
In addition to review of audits conducted in accordance wllh OMS Circular A.133, as revised, hereby incorporated by
reference, monitoring procedures will Include, on.slte visits by Department staff, limited scope audits as defined by OMS
19
Agenda Item No. 16F2
April 13, 2010
Page 16 of 21
Rule 14-98.005, FAC.
600-065-01
SAFETY
..""
Circular A-133, as revlsad, and status checks of subgrant acUvlly via talephone calls from Safely Offlce slaff to
subgrantees. By entering Into this agreement, the subgrantee and Its Implemenltng agency agree to oomplyand
cooperate with monitoring procedures. In the event that a limited soope audit of the subgrantee or Its Implementing
agency Is performed, the subgrantee agrees to bring the pro]ectlnto oompllance with the subgrant agreement. The
subgrantee further agrees to oomply and oooperate with any Inspecllons, reviews, invesllgatlons, or audits deemed
necessary by the Chief Financial Offlcer or Auditor General.
The Department shall unilaterally cancel this subgrant If the subgranlee or Its Implementing agency refuses to allow public
access to all documents, papers, letlers, or other malerial subject to the provisions of Chapler 119, F.S., and made or
received by the subgrantae or Its Implementing agency In oonJunctlon with the subgrant.
14. Audit. The administration of resources awarded by the Department to the subgrantee may be subject to audits
and/or moniloring by the Depertment, as described In this secllon. For further guidance, see the Executive Offlce of the
Governor webslte, which can be found al: www-fsaa.state-n.us.
Recipients of federal funds (Le. stata, or local government, or non-profit organizations as defined In OMB Circular A-133,
as revised) are to have audits done annually using lhe following criteria:
In the event thel the subgrentee expends $500,000 or more In Federal awards In Its fiscal year, the subgrantee must have
a single or program-specific audit conducted In accordance with the provisions of OMB Circular A-133, as revised. Page
1 of this agreement Indicates the source of Federal fullds awardad through the Florida Department of Transportation by
lhls agreament. In determining the Federal awerds expended In Its fiscal year, the subgrantee shall consider all sourceS
of Federal awards, Including Federal funds received from the Department of Transportation. The determination of
amounts of Federal awards expended should be In accordance with the guidelines established by OMB Circular A-133, as
revised. An audit of the subgrantae conducted by the Auditor General In accordance with the provisions OMB Circular A 133,
as revised, will meet the requirements of this part.
In connection with the audit requirements addrassed above, the subgrantee shall fulfill tha requirements ralatlve to audltee
responsibilities as provided In Subpart C of OMB Circular A-133, as revised.
If the subgrantee expends less than $500,000 in Federal awards In Its fiscal year, an audit conducted In accordance with
the provisions of OMB Circular A-133, as revised, Is not required. In the event that the subgrantee expends less than
$500,000 In Federal awards In Its fiscal y -or and elects 10 have an audit conducted In accordance with the provisions of
OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal funds.
Copies of audit reports for audits conducted In accordance with OMB Circular A-133, as revised, and raqulred by this
agreement shall be submlUed, when required by Section .320 (d), OMS Circular A-133, as revised, by or on behalf of the
subgrantee directly to each of the following:
(a) Florida Department ofTransportatlon
605 Suwannee Street, MS-17
Tallahassee, FL 32399-0450
(b) Federal Audit Clearinghouse
Bureau of the Census
1201 East 10 Street
Jeffersonville, IN 47132
(c) Other Federal agencies and pass-through entities In accordance with SecHons .320 (e) and (I), OMS Circular A133,
as revised.
In the event Ihat a copy of lhe reporting package for an audit required by this agreement and conducted In accordance
with OMB Circular A-133, as revised, Is not required to be submlUed to the Department for reasons pursuant to Seclion
.320(eX2), OMB Circular A-133, as revised, the subgrantee shall submit the required written notificallon pursuantlo
.Section .320(eX2) and a oopy of the subgrantee's audited schedule of expenditures of Federel awards directly to each of
the following:
20
Agenda Item No. 16F2
April 13, 2010
Page 17 of 21
Rule 14.98.005, FAC.
500.065.01
SAFETY
...,.
Florida Department of Transportation
605 Suwannee Slreet. MS-17
Tallahassee, FL 32399-0450
In addition, pursuant to Section .320(f). OMS Circular A-133, as revised, the subgrantee shall submit a copy of the
reporting package described In Section .320(c), OMS Circular A-133, as revised, and any management letters Issued to
the auditor, to Ihe Department at each of the following addresses:
Florida Department of Transporlation
805 Suwannee Street, MS-17
Tallahassee, FL 32399-0450
15. Retention of Records. The subgrantee shall retain sufficienl records demonstrating its compliance with the terms of
this agreement for a period of five years from the date the audit report Is Issued, and shall allow the Department, or Its
designee, the stale CFO, or Auditor General access to such records upon request. The subgrantee shall ensure that the
Independent audit working papers are made available to the Department, or its designee, the state CFO, or Auditor
General upon request for a period of at least five years from the date the audit report Is Issued, unless extended In writing
by the Department.
Records related to unresolved audit findings, appeals, or lIt1gallon shall be retained until the action Is completed or the
dispute Is resolved. Records shall also be maintained and accessible In accordance with 49 CFR, Sactlon 18.42 or 49
CFR, Section 19.53.
16. Procedures for Reimbursement. All requests for relmbursementof subgrant costs must be submllted on forms
provided by the Department (FDOT Form Numbers 500-065-04 through 09). Appropriate documentation supporllve of the
reported costs must accompany each claim.
The subgrantee or Its Implementing agenoy shall submit financial reimbursement forms to the Safety Office at least once
each quarter as costs are incurred and payment is made. The only exception Is when no costs are incurred during a
quarter. Reimbursement for subgrants with personnel costs shall be made after everylwo pay periods If paid bl-weekly.
Personnel costs reimbursement shall be requested monthly If payroll Is on a monthly basis. Failure to submit
reimbursement requests In a timely manner shall result in the subgrant being terminated.
All requests for reimbursement of Operating Capital Oultay Itoms having a unit cost of $5,000 or more and a useful life of
one year or more shall be accompanied by a Non-Expendable Property Accountability Record (FDOT Form No.
500065-
09). Payment of the Operating Capital Outlay cosls shall not be made before receipt of this form.
All requests for reimbursement shall be signed by an Authorized Representative of the Subgrantee or the Administrator of
the Implementing Agency, or their delegate.
A final financial request for reimbursement shall be postmarked ho later than October 31 following the end of the subgrant
period. Such request shall be distinctly Identified as Final. Failure to submit the Invoice In a timely manner shall result in
denial of payment. The sUbgrantee agrees to forfeit reimbursement of any amount incurred if lhe final request!s not
postmarked by October 31 following the end of the subgrant period.
The Safety Office has a 30-day review process of financial reimbursement requests from the date of receipt.
Reimbursement requests will be returned if not completed properly.
17. Ownership of Data and Creative Material, The ownership of material, discoveries, inventions and results
developed, produced, or discovered by the agreement are governed by the terms of 49 CFR, Section 18.34,49 CFR,
Section 19.36, or OMS Circular A-11 O. hereby incorporaled by reference.
In addition to the provisions for 49 CFR, Part 18 and 49 CFR, Part 19, the Slate Safely Office reserves a royally-free,
nonexclusive, and Irrevocable license to reproduce, publish or otherwise use, and to authorize others to use:
21
Agenda Item No. 16F2
April 13, 2010
Page 18 of 21
Rule 14-98.005, FAC.
5OO.oe5.o1
SAFETY
09108
(a) The copyright In any work developed under a subgrant or contract under a subgrant; and
(b) Any rights of copyright to which a subgrantee or a contraclor purchases ownership with subgrant support.
18. Property Accountability, The subgrantee or Its implementing agency shall establish and administer a system to
control, protect, preserve. use, and maintain and dispose of any property furnished by the Department, or purchased
pursuant to this agreement In accordance with Federal Property Management Standards as set forth In 49 CFR, Section
18.32,49 CFR 19, Section 19.34, or OMS Circular A-11 O. incorporated herein by reference. This obligation continues as
long as the properly Is relained by the subgrantee or Its Implementing agency. notwithstanding the expiration of this
agreement.
19. Disputes. Any dispute, disagreement. or quesllon of fact arising under the agreement shall be decided by the State
Safety Office In wrlllng and shall be distributed to parties concerned. A written appeal may be made within 30 calendar
days to the Governofs Highway Safety Representallve at the Florida Department of Transportallon, 805 Suwannee
Street, MS 57, Tallahassee. Florida 32399-0450, whose decision Is final. The sUbgrantee and Its Implementing agency
shall proceed diligently with Ihe performance 01 the agreement and In accordence with Department's decision.
20. Conlerencee, Inepectlon of Work, Conferences'may be held at the request of any party to this agreement.
Representatives 01 the Department or the U.S. Department 01 Transportallon (USDOT), or both, shall be privileged to visit
the site for the purpose of Inspecllon and assessment of work beln9 performed at any time.
21. Publication and Printing of Observallonal Surveys and Other Reports.
(a) Belore publication or printing, the final draft of any report or reports required under the agreement or pertaining to
the agreement shall be submllted to the State Safety Office for review and concurrence.
(b) Each publlcallon or other printed report covered by Paragraph 21.a. above shall Include the following statement
on the cover page:
(1) This report was prepared for the State Safety Office, Department of Transportation, State of Florida, In
cooperation with the National Highway Traffic Safety Administration, U.S. Department of Transportation
and/or Federal Highway Administration, U.S. Department of Transporlation.
(2) The conclusions and opinions expressed In these reports are those of the subgrantee and do not
necessarily represent Ihose of tho State of Florida, Department of Transportation. Stale Safety Office, the
U.S. Department of Transportation, or any other agency of the State or Federal Government.
22. Equal Employment Opportunity. No person shall, on the grounds of race, color, religion. sex, handicap, or national
origin, be excluded from participation in, be refused the beneflls of, or be otherwise subjected to discrimination under this
subgrant, or any project, program, or activity that receives or beneflls from this subgrant award. The subgrantee and lis
implemenllng agency agree to comply with Executive Order (E.O.) 11246, as amended by E.O. 11375, and as
supplemented by 41 CFR, Part 60, Incorporated herein by reference.
23. Responsibility lor Claims and Liability. Subject to the IImllatlons of Section 768.28, Florida Statutes, the
subgrantee and lis Implemenllng agency shall be reqUired to defend, hold harmless and Indemnlly the Department,
NHTSA, FHWA, and USDOT, from all claims and liability, or both, due to negligence. recklessness, or Intenllonal wrongfUl
misconduct of subgrantee, Implementing agency, and Its contractor, consultant, agents and employees. The subgrantee
and Its implemenllng agency shall be liable for any ioss of, or damage to, any material purchased or developed under this
subgrant agreement which Is caused by the sUbgrantee's or Its Implemenl/ng agency's failure 10 exercise such care In
regard to said material as a reasonable careful owner of similar materials would exercise.
Tho parl/as execullng this agreement specifically agree that no prOVision In this agreement Is Intended to create in the
publiC or any member thereof, a third party beneficiary, or 10 authorize anyone not a party to this agreement to maintain a
suit for personal injuries or property damage pursuant to the terms or provisions of this agreement.
24, Disadvantaged Business Enterprises (DBE).
(a) The subgrantee and Its Implemenllng agency agree to the following assurance:
22
Agenda Item No. 16F2
April 13, 2010
Page 19 of 21
Rule 14.98.005, FAC.
500-065..01
SAFETY
09108
The subgrantee and Its Implementing agency shall not discriminate on the basts of race, color, national origin, or
sex In the award and performance of any USDOT-asststed contracl or In the admlnlstrallon of Its DBE program
required by 49 CFR, Part 26, Incorporated herein by reference. The sUbgrantee shall take all necessary and
reasonable steps under 49 CFR, Part 26 to ensure nondlscrlmlnallon In the award and administration of USDOT _
assisted contracls. Implementallon of this program Is a legal obligation and failure to carry out Its terms shall be
treated as a vlolallon of this agreement. Upon nollflcallon to the subgrantee of Its failure to carry out Its approved
program, the USDOT may Impose sancllons as provided for under Part 26 and may, In appropriate cases, refer
the matter lor enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31
U.S.C. 3801 et seq.), herein Incorporated by reference.
(b) The subgrantee and lis Implementing agency agree to Include tha following assurance in each contract with a
consultant or contraclor and to require the consullant or contraclor 10 Include this assurance In all subcontract
agreements:
The consultant or contractor and subconsultant or subcontractor shall not discriminate on the basis of race, color,
national origin, or sex In the performance of this contract. The consultant or contractor shall carry out applicable
requirements of 49 CFR, Part 26 In the award and administrallon of USDOT-asslsted contracts. Failure by the
consuliant or contractor io carry out these requirements Is a material breach of this contract, which may result In
the termination of this contract or such other remedy, as the sub grantee, Its Implementing agency, or the
Department deems appropriate.
25. Restrictions on lobbying. The subgrantee and its implementing agency agree to comply and require consultants
and contractors to comply with 49 CFR, Part 20, New Restrictions on lobbytng, herein Incorporated by reference, for
filing of certification and d1sclosure forms.
No funds granted hereunder shall be used for the purpose of lobbying the legislature, the judicial branch, or slate
agencies. Section 216.347, Florida Statutes.
26. How Agreement is Affected by Provisions Being Held Invalid. If any provision of this agreement is hetd Invalid,
the remainder of this agreement shall not be affected. In such an Instance the remainder would then continue io conform
to the terms and requirements of appllcabie law.
27. Federal Requirement for Public Service Announcements. All public service announcements produced with
Federal Highway Safety funds shall be closed caplioned for the hearing impalrod.
28. Public Awareness Materials and Promotional Items, All public awareness materials and promotional Items
reimbursed wllh subgrant funds shall contain a traffic safety message. Where feasible, ellher the Florida Department of
Transportation logo or the words "Funding provided by the Florida Department of Transporlatlon." shall appear on all
tlems.
The name of the subgrantee or implementing agency and ils logo can appear on printed materials and promotional items.
The names of individuals connected with the subgrantee shall not appear on printed materials and promotlonalllems paid
for with Federal highway safety funds.
Before printing public awareness materials or ordering promotional items, a final drafl or drawing of the items shall be
submitted to the State Safety Office for review. The Office shall provide written approval for reimbursement if the lIems
are appropriate for purchase under this agreement. Copies of all public awareness materials purchased with Federal
highway safety funds shall be attached to the forms requesting reimbursement for the items.
29. Term of Agreement. Each subgrant shall begin on the date of the last party to sign the agreement and shall end on
September 30, following, unless otherwise stlpulaled by Ihe Slale Safely Office on the first page of Ihe respective
agreement. The subgrant period shall not exceed 12 months.
30. Cleen Air Act and Federal Water PolluIlon Conlrol Act. For subgranl awards In excess of $100,000 the
subgrantee and its Implementing agency agree to comply with all applicable standards, orders, or regulallons issued
pursuanl to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et
23
Agenda Item No. 16F2
April 13, 2010
Page 20 of 21
Rule 14-98.005. FAC.
5O().(l65.{)1
SAFETY
09103
seq.), herein Incorporaled by reference. The subgrantee shall include this provision In all subcontract awards In excess of
$100,000.
31, Personnel Hired Under Agreement. The head of any Implementing agency receiving first year funding for a new
posltion(s) through a subgrant shall provide written notification within 30 days of the agreement being awarded 10 the
State Safety Office thai a new posllion(s) has been created In the agency as a result of the subgranl being awarded.
Any and all employees of the subgrantee or Implementing agency whose positions are funded, in whole or In part through
a subgrant, shall ba the employee of the subgrantee or Implementing agency only, and any and all claims Ihat may arise
from said employment relationship shall be the sole obligation and responsibility of the subgrantee or Its implementing
agency.
Personnel hired under the grant shall not hold the position of Project Director.
The State Safety Office reserves the right to reqUire activity reports to demonstrate that personnel hired under Ihe
agreement or equipment purchased with grant funds meellhe requirements as speCified by the subgrant.
32. Repossession of Equipment. Ownership of all equipment purchased with Federal highway safety funds rests with
the subgrantee and lIs Implementing agency; however, the USDOT maintains an Interest In the equipment for three fiscal
years following the end of the subgrant period. Any equipment purchased with Federal highway safety funds that Is not
being used by the sub grantee or lis Implementing agency for the purposes described In Ihe subgrant shall be
repossessed by the Stale Safely Office, on behalf of the USDOT. lIems that are repossessed shall be disbursed to
agencies that agree to use lhe equipment for Ihe activity described in this subgrant.
33. Replscement or Repair of Equipment. The subgrantee and Its implementing agency are responsible, at their own
cost, for replacing or repairing any equipment purchased wllh Federal highway safely funds that Is damaged, stolen, or
losl, or that wears out as a result of misuse.
34. Ineligibility for Future Funding. The subgrantee and its implementing agency agree that Ihe Department shall find
the subgrantee or its implementing agency Ineligible for future funding for any of the following reasons:
(a) Failure to provide the required audits,
(b) Failure to continue funding positions created with highway safely funds after the Federal funding cycie ends,
(c) Failure to provide required quarlerly and final reports In Ihe required time frame,
(d) Failure to perform work described In ParI II of Ihe subgrant agreement,
(e) Providing fraudulent quarterly reports or reimbursement requests,
(f) Misuse of equipment purchased with Federal highway safety funds.
35. Safely eelt Polfcy, Each subgrantee and Implementing agency shall have a written safely belt policy, which Is
enforced for all employees. A copy of the poiicy shall be submitted with the subgrant application,
36. Safely eelt Enforcement. All law enforcement agencies receiving subgranl funds shall heve a standard operating
procedure regarding enforcement of safety belt and child safety seat violations. A copy of the procedure shall be attached
to the subgranl application.
Law enforcement agencies receiving subgrant funds shall participate In the safety belt enforcement waves conducled In
Florida and shall report their participation on the appropriate form by Ihe deadline. Failure to participate shall resull in the'
subgranl being termlnated_
37. Cerllficatlon for Equipment Cosllng More than $1,000 per Item. The head of any Implementing agency
purchasing equipment costing more than $1,000 per Item shall send a letter to the Safety Office upon award of the
subgrant certifying that none of the Items being purchased with federal highway safety funds is replacing previously
purchased equipment that is damaged, stolen, or lost, or lhat wears out as a result of misuse, whether the equipment was
purchased with federal, slale, or local funds.
24
Agenda Item No. 16F2
April 13, 2010
Page 21 of 21
Rule 14.98.005, FAC.
50<><>65.01
SAFETY
""'"
38. Checkpoint Reportlng_ Any law enforcement agency that conducts DU I checkpoints shall attach a copy of the After
Action Report for each checkpoint opBratlon conductBd during a quarter to Its QuortBrly Progress Report of
Performence Indicators.
39. Child Safety Seats. Any Implementing agency that receives funds to purchase child safety seats must have at teast
one staff member who is a current Certtned Child Passenger Safely Technician. Failure to comply with Ihls provision shall
rosullln the tBrminatlon of this agreement.
40. Special Conditions.
..END OF DOCUMENT..
25