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HomeMy WebLinkAboutResolutions - 2021.02.18 - 34167MISCELLANEOUS RESOLUTION #21049 February 18, 2021 BY: Commissioner Penny Luebs, Chairperson, Public Health and Safety Committee IN RE: SHERIFF'S OFFICE — FY2021 TRAFFIC SAFETY ENFORCEMENT— GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Sheriff's Office has been awarded grant funding in the amount of $38,000 from the Transportation Improvement Association as part of its grant agreement with the Michigan Office of Highway Safety Planning (OHSP) for the grant period of October 1, 2020 through September 30, 2021; and WHEREAS the grant funding will be used for overtime hours related to alcohol and safety belt enforcement; and WHEREAS no county match is required; and WHEREAS the grant acceptance has completed the Grant Review Process in accordance with the Grants Policy approved by the Board at their January 21, 2021 meeting. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves reimbursement grant funding in the amount of $38,000 from the Transportation Improvement Association as part of its FY 2021 Traffic Safety Enforcement Grant award from the Michigan Office of Highway Safety Planning (OHSP) for the period of October 1, 2020 through September 30, 2021. BE IT FURTHER RESOLVED that acceptance of this grant funding does not obligate the County to any future commitment, and continuation of this program is contingent upon future levels of grant funding. BE IT FURTHER RESOLVED that the FY 2021 budget is amended as follows: GENERAL FUND (#10100) PCBU: SHERF Project ID: TIA_TRAFFIC Budget Ref. 2021 Activity: GLB Analysis: GLB FY 2021 Revenue 4030601-110010-610313 Federal Operating Grants $38,000 Total Revenue 38 000 Expenditures 4030601-110010-712020 Overtime $38,000 Total Expenditures Sa8 000 Chairperson, on behalf of the Public Health and Safety Committee, I move for the adoption of the foregoing resolution. PE" g- CommissionerJPenny Luebs, District #16 Chairperson, Public Health and Safety Committee PUBLIC HEALTH AND SAFETY COMMITTEE VOTE: Motion carried on a roll call vote with Gingell absent. GRANT REVIEW SIGN -OFF — Sheriff's Office GRANT NAME: FY 2021 Traffic Safety Enforcement Grant FUNDING AGENCY: Transportation Improvement Association DEPARTMENT CONTACT PERSON: Janine Miller/(248) 858-4962 STATUS: Grant Acceptance (Greater than $10,000) DATE: 01/20/21 Please be advised the captioned grant materials have completed internal grant review. Below are the returned comments. The Board of Commissioners' liaison committee resolution and grant acceptance package (which should include this sign - off email and the grant agreement/contract with related documentation) may be requested to be placed on the agenda(s) of the appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution. DEPARTMENT REVIEW Management and Budget: Approved by M & B. The draft resolution will need to be updated for the applicable budgetary language and amendment (if an amendment is required). Also, suggest the resolution be updated to clarify that this is a reimbursement grant as the funds will be received as grant eligible costs are incurred/billed (see suggested language below). NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the—reseiptef reimbursement grant funding in the amount of $38,000 from the Transportation Improvement Association as part of its FY2021 Traffic Safety Enforcement Grant award from the Michigan Office of Highway Safety Planning (OHSP) for the period of October 1, 2020 through September 30, 2021. —Lynn Sonkiss (01/15/21) [updated suggested language 1-20-21] Human Resources: HR Approved —No HR Implications — Lori Taylor (01 /15/21) Risk Management: Approved by Risk Management. — Robert Erlenbeck (01/18/21) Corporation Counsel: Approved by Corporation Counsel (no legal issues) — Sharon Kessler (01/20/21) FY21 GMR Acknowledgement and Agreement MICHIGAN &- I off' re of Hlghw.y 540y Pkmin- 1. My agency will participate in a DUI/seat belt enforcement grant from the Office of Highway Safety Planning. 2. This agency is registered with the federal System for Award Management (SAM) and inactive status (SAM.gov). 3, The chief or sheriff has received, reviewed, and agrees to follow the OHSP Grant Management Requirements. Signature of Chief Sheriff Printed Name of Chief or Sheriff ao-t,"o 47vmy ��FS rJfC Agency Name /3-00 -0367� Agency DUNS number (NOTE: The DUNS number is a unique nine -digit identification number required to register with the U.S. Federal government for contracts or grants. Your accounting office will be able to provide this information.) '021 ZOZo Date Return this form to the OHSP grant project director NAME by September 30, 2020. Michigan State Police Office of Highway Safety Planning 7150 Harris Drive P.O.Box 30634 Dimondale, Michigan 48821 (517)284-3332 HIGHWAY SAFETY GRANT APPLICATION 1. PROJECT TITLE Oakland County DUI/Seat Belt Overtime Traffic Enforcement 2. APPLICANT Transportation Improvement Association 3. ADDRESS OF APPLICANT 100 E Big Beaver Road, Suite 910, Troy, Michigan 48083 7. FEDERAL IDENTIFICATION NO. 38-1845203 8. ANTICIPATED ACTIVITY START-UP DATE 10/1/2020 HIGHWAY SAFETY GRANT APPLICATION Multi -Agency Project: Oakland County Sheriffs Office FY 2021 Project Title: Oakland Countv DUI/Seat Belt Overtime Traffic Enforcement Applicant: Transoortation Imorovement Association The undersigned individuals authorized to represent the participating agencies in this grant project have reviewed the OHSP Grant Management Requirements (found in the Forms Menu, titled Grant Management Requirements) and agree to comply with all conditions and requirements set forth. * Name Rich Hubble * Title Sergeant * Agency Oakland County Sheriffs Office * Address 1200 North Telegraph * City Pontiac * State Michigan * Zip Code 48341 - * Email hubbler@oakgov.com * Telephone 248-858-0063 Fax *Sub -Recipient DUNS Number: 13-620-0362 Attach signed Grant Management Requirements Title: OCSO Assurances Document Source: https://msp.intelligrants.com/_Upload/i39392_957945_1-OCSOGMRAcknowledgement.pdf HIGHWAY SAFETY GRANT APPLICATION Overtime Salaries, Wages and Fringe Benefits: Oakland County Sheriff- Rochester Hills and Pontiac FY 2021 Project Title: Oakland Countv DUI/Seat Belt Overtime Traffic Enforcement Applicant: Transportation Improvement Association * Are there Overtime Fringe Benefits expenses associated with this budget [v]Yes []No item? * Provide a specific description of this budget item: Federal/State Local Match Total Oakland County Sheriff- Rochester Hills and Pontiac $28,301 $0 $28,301 Enter the number of hours and hourly rate associated with this budget item. * Number of hours (base): 475.00 * Overtime Hourly Rate: $59.58 * Enter Fringe Benefits associated with this budget item. Federal/State Local Match Total $9,699 $0 $9,699 *Fringe Benefits. Check all that apply FICA: IV] Rate: 7.6500 Retirement: [ V, ] Rate: 24.9300 Workers Compensation: [ v ] Rate: 1.6900 Unemployment Insurance: N/A Insurances: N/A Other: [] Rate: Describe: Overall Rate: 34.27% Attach fringe benefit support documentation here if rate exceeds 40%. Total Overtime Salaries, Wages and Fringe Benefits $38,000 HIGHWAY SAFETY GRANT APPLICATION Statement of the Problem and Background Information FY 2021 Project Title: Oakland Countv DUI/Seat Belt Overtime Traffic Enforcement Applicant: Transportation Improvement Association U.S. Code: Title 23: Section 404 requires a statewide, high -visibility special traffic enforcement program (STEP) for DUI and occupant protection that emphasizes publicity during three campaigns — DUI driving in December, occupant protection in May, and DUI driving in August. Traffic crash data from 2014-2018 identified the counties with the highest number of people seriously injured or killed where 1) the crash was coded as alcohol -involved and/or drug -involved or 2) the occupants were in passenger vehicles and the crash was coded as no belts used or child restraint not used/used improperly. In 2017, direct observations of seat belt use were taken in all 83 counties. Thirteen counties were identified as having a seat belt use rate below 90 percent. In 2018, restraint use by deceased occupants of motor vehicles equipped with seat belts was 54.7 percent. Five required statewide crackdown and mobilization enforcement periods will focus on compliance with traffic safety laws. They include two DUI enforcement efforts, two seat belt enforcement efforts, and one combined DUI/seat belt enforcement effort. Additionally, two optional enforcement periods are eligible for overtime for DUI enforcement and one for combined DUI/seat belt enforcement efforts. Required enforcement periods include: • November 9 — 29, 2020 (Seat Belt) • December 11, 2020 — January 1, 2021 (DUI) • May 17 — June 6, 2021 (Seat Belt) • July 1 — 24, 2021 (DUI and Seat Belt) • August 16 — September 6, 2021 (DUI) Optional enforcement periods: • October 30 — November 1, 2020 (DUI and Seat Belt) • February 7, 2021 (DUI) • March 15-21, 2021 (DUI) Traffic safety campaigns are most successful when accompanied by public information. The Transportation Improvement Association requests that OHSP develop and assist with distribution of public information materials on our behalf to enhance the enforcement campaigns. HIGHWAY SAFETY GRANT APPLICATION Goals and Activities: 1 FY 2021 Project Title: Oakland Countv DUI/Seat Belt Overtime Traffic Enforcement Applicant: Transoortation ImorovementAssociation " Goal(s): To reduce the number of fatalities by 1.66 percent from 985 in 2019 to 968.6 and to reduce the number of serious injuries by 1.64 percent from 5,629 in 2019 to 5,536.6 by September 30, 2021, Activity: 1. Each grant -funded agency will conduct at least three grant -funded overtime traffic enforcement details each week between November 9 and 29, 2020 (Seat Belt); December 11, 2020 and January 1, 2021 (DUI); May 17 and June 6, 2021 (Seat Belt); July 1 and 24, 2021 (DUI and Seat Belt); and August 16 and September 6, 2021 (DUI). Officers will stop vehicles for hazardous moving violations and take appropriate enforcement action each week during the enforcement periods. 2. Each grant -funded agency may conduct additional DUI and seat belt enforcement patrols between October 30 and November 1, 2020 (DUI and Seat Belt); February 7, 2021 (DUI); and March 15 and 21, 2021 (DUI). Officers will stop vehicles for hazardous moving violations and take appropriate enforcement action each week during the enforcement periods. 3. Each grant -funded agency will promote enforcement efforts by utilizing public information materials provided by OHSP through September 6, 2021. 4. Each grant -funded agency will report required enforcement activity no later than December 7, 2020; January 8, 2021; June 14, 2021; August 2, 2021; and September 13, 2021, respectively. 5. As applicable, each grant -funded agency will report optional enforcement activity no later than November 9, 2020; February 15, 2021; and March 29, 2021, respectively. " Date of Anticipated Activity Accomplishment: 9/30/2021 HIGHWAY SAFETY GRANT APPLICATION Acceptance of Audit Requirements FY 2021 Project Title: Oakland Countv DUI/Seat Belt Overtime Traffic Enforcement Applicant: Transportation Improvement Association NOTE: The Audit Period is the organization's fiscal or calendar year to be audited. If your audit requirement period exceeds 365 days, sections 1.b. and 2.b. must be utilized to complete the audit requirement dates. My reporting entity" receives less than $750,000 a year. The following information on the next organization -wide audit(s) which will include this agency: 1.e. Audit Period 1: Beginning Ending 2.a. Audit or written certification will be submitted to MSP by: 1.b. Audit Period 2: Beginning Ending 2.b. Audit or written certification will be submitted to MSP by: This project is federally funded and therefore is subject to the Single Audit Act of 1984 (P.L. 98-502). Effective July 1, 1996, if your agency receives $750,000 or more in federal financial assistance a year, the grantee shall agree to have an audit conducted in compliance with OMB Circulars A-128 or A-133 if required. If a compliance audit is not required, at the end of each audit period we will certify in writing that we have not expended the amount of federal funds that would require a compliance audit ($750,000). If required, we will forward a copy of the completed audit(s), including the management letter covering the entire grant period to: ATTN: Matt Opsommer Michigan State Police Headquarters, 3rd Floor 7150 Harris Drive, Dimondale, MI 48821 NOTE: The audit or written certification must be submitted to OHSP no later than the ninth month after the end of the audit period. Additionally, we have or will notify our auditor of the above audit requirements prior to performance of the audit for the period listed above. We will also ensure that, if required, the entire grant period will be covered by a compliance audit which in some cases will mean more than one audit must be submitted. We will advise the auditor to cite specifically that the audit was done in accordance with OMP Circulars A-128 or A-133. Any information regarding the OMB Circular audit requirements will be furnished by OHSP. " NOTE: The reporting entity is the government unit responsible for the overall administration of the grant, not just your agency. Failure to complete this section may result in your grant award being delayed or cancelled. HIGHWAY SAFETY GRANT APPLICATION Sub -Recipient Informational Form FY 2021 Project Title: Oakland Countv DUI/Seat Belt Overtime Traffic Enforcement Applicant: Transoortation Imorovement Association �* Sub -Recipient DUNS Number (Format: xx-xxx-xxxx); Does your agency or institution receive less than $25,000 of federal funding from the Office of Highway Safety Planning? In the preceding fiscal year, did your agency or institution receive 80 percent or more of its annual gross revenues in federal award? In the preceding fiscal year, did your agency's or institution's annual gross revenues equal or exceed $25,000,000 in federal awards? 088358035 Yes[] No Yes[] No[%o] Yes[] No[v] HIGHWAY SAFETY GRANT APPLICATION Local Contribution FY 2021 Project Title: Oakland Countv DUI/Seat Belt Overtime Traffic Enforcement Applicant: Transoortation Improvement Association " Local Contribution: 1. Provide patrol vehicles and/or motorcycles where applicable. This will include fuel, maintenance and proper police equipment. 2. Assume liability incurred using volunteers, including, but not limited to, personal injury, civil liability, and workman's compensation responsibility. 3. Pay dispatchers and officer wages for training and court time. 4. Attend meetings and/or media events as requested by OHSP. HIGHWAY SAFETY GRANT APPLICATION Project Continuation FY 2021 Project Title: Oakland Countv DUI/Seat Belt Overtime Traffic Enforcement Applicant: Transcortation Imorovement Association * Project Continuation: The Transportation Improvement Association will continue to participate in the project if federal funding is provided by OHSP. HIGHWAY SAFETY GRANT APPLICATION Contractual Services FY 2021 Project Title: Oakland Countv DUI/Seat Belt Overtime Traffic Enforcement Applicant: Transoortation Improvement Association * Provide a specific description of this budget item: Federal/State Local Match Total * Is there an existing contract in place? Yes No If no, please explain why there is no contract in place: If yes, please attach a copy of the actual contract: Title: Document Source: MICHIGAN OFFICE OF HIGHWAY SAFETY PLANNING FY2021 GRANT MANAGEMENT REQUIREMENTS (Gli 1. All correspondence to the Office of Highway Safety Planning (OHSP) regarding this project shall include the project number, example: OP-21-01, 2. Each grant is required to have, at a minimum, separate individuals serving as an authorizing official, a project director, and a financial officer. A change in project director, agency contact, financial officer, authorizing official, addresses, email, or telephone numbers requires written notification to the OHSP. The project director is responsible for also making these changes to the web -based grant application. 3 The OHSP is required by the National Highway Traffic Safety Administration (NHSTA) to evaluate and document the risk for each entity applying for federal grant funds prior to making an award. The grantee (and all sub -recipients and contractors) must register or date In SAM (System forAward Management) annually online to be eligible for federal and state grants. The OHSP will verify within SAM there are no outstanding issues or concerns, Grantees will also have to update their grant applications in 2021 with their new Unique Entity Identifier (UEI). 4. The OHSP may conduct a monitoring review of highway safety grants in accordance with Title 2 CFR 200, NHSTA regulations, and these GMRs to determine adherence to project objectives, to review financial procedures, and to ensure compliance with grant requirements. All grantees (and all sub -recipients and contractors) are expected to cooperate with all reasonable requests for information as part of the monitoring review process. 5. A subrecipient must take reasonable measures to safeguard protected, personally identifiable information The information and other information the NHTSA or the OHSP designate as sensitive or that the subrecipient considers sensitive consistent with applicable federal, state and local laws regarding privacy and obligations of confidentiality as prescribed under 2 CFR Part 200.303, 6. All published reports generated from this project must include the following disclosure statement: This report was prepared in cooperation with the Michigan Office of Highway Safety Planning and U.S. Department of Transportation, National Highway Traffic Safety Administration. The opinions, findings, and conclusions expressed in this publication are those of the author(s) and not necessarily those of the Michigan Office of Highway Safety Planning or the U.S. Department of Transportation, National Highway Traffic Safety Administration. NONDISCRIMINATION (applies to sub -recipients as well as States) The State highway safely agency will comply with all Federal statutes and implementing regulations relating to nondiscrimination ("Federal Nondiscrimination Authorities"), These include but are not limited to: Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d at seq., 78 stal. 252), (prohibits discrimination on the basis of race, color, national origin) and 49 CFR part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); Federal -Aid Highway Act of 1973, (23 U.S,C. 324 at seq,), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 at seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 at sec.), (prohibits discrimination on the basis of age); The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage and applicability of Title VI of the Crv9 Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to Include all of the programs or activities of the Federal aid recipients, sub -recipients and contractors, whether such programs or activities are Federally -funded or not); Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38; Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); and Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs 170 FIR at 74087 to 74100). The State highway safety agency — Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race, color, national origin, disability, sex, age, limited English proficiency, or membership in any other class protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the program Is Federally -assisted, Will administer the program in a manner that reasonably ensures that any of its sub -recipients, contractors, subcontractors, and consultants receiving Federal financial assistance under this program will comply with all requirements of the Non -Discrimination Authorities identified in this Assurance; Agrees to comply (and require any of its sub -recipients, contractors, subcontractors, and consultants to comply) with all applicable provisions of law or regulation governing US DOT's or NHTSA's access to records, accounts, documents, information, facilities, and staff, and to cooperate and comply with any program or compliance reviews, and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination Authority; Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising under these Non -Discrimination Authorities and this Assurance; Insert in all contracts and funding agreements with other State or private entities the following clause: "During the performance of this contract/funding agreement, the contractor/funding recipient agrees — a. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time; b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non-discrimination law or regulation, as set forth in Appendix B of 49 CFR part 21 and herein; c. To permit access to Its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; d. That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding agreement, the State highway safety agency will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part, and e. To insert this clause, Including paragraphs a through e, in every subcontract and sub -agreement and In every solicitation for a subcontract or sub -agreement that receives Federal funds under this program. POLITICAL ACTIVITY (HATCH ACT) (applies to sub.recipients as well as States) The State 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. CERTIFICATION REGARDING FEDERAL LOBBYING (applies to sub -recipients as well as States) Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1 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. 2. 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 shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the ward documents for all sub -award at all tiers (including subcontracts, sub -grants, and contracts under grant, loans, and cooperative agreements) and that all sub -recipients 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. RESTRICTION ON STATE LOBBYING(applies to sub -recipients as well as States) 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. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION(applies to sub -recipients as well as States) Instructions for Primary Certification (States) 1. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR Parts 180 and 1200. 2. The inability of a person to provide the certification required below will not necessarily result In denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter Into this transaction. If it Is later determined that the prospective primary participant knowingly rendered an erroneous certification, In addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment. 4. The prospective primary participant shall provide immediate written notice to the department or agency to which this proposal is submitted If at any time the prospective primary participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms covered transaction, debarment, suspension, ineligible, lower tier, participant, person, primary tier, principal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and coverage sections of 2 CFR Part 180. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6. The prospective primary 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. 7. The prospective primary 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," provided by the department or agency entering Into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR Parts 180 and 1200. 8. 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, 9. 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. 10. Except for transactions authorized under paragraph 6 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 may disallow costs, annul or terminate the transaction, issue a stop work order, debar or suspend you, or take other remedies as appropriate. Certification Regarding Debarment, Suspension, and Other Responsibility Matters -Primary Covered Transactions (1) The prospective primary participant certifies to the best of its knowledge and belief, that its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of record, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal. Instructions for Lower Tier Participant Certification 1. By signing and submitting this proposal, the prospective lower tier participant Is providing the certification set out below and agrees to comply with the requirements of 2 CFR Parts 180 and 1200 2. 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. 3. 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. 4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200, You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. 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 the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR Parts 180 and 1200 7. 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 is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System forAward Management Exclusions website (https://www.sam.gov/) 8. 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. 9. Except for transactions authorized under paragraph 5 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, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared Ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. BUY AMERICA ACT (applies to sub -recipients as well as States) The State and each sub -recipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or sub -recipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, 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, PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to sub -recipients as well as States) The State and each sub -recipient 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. POLICY ON SEAT BELT USE In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company -owned, rented, or personally -owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs slid policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public -private partnership dedicated to Improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives as www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references. POLICY ON BANNING TEXT MESSAGING WHILE DRIVING In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902,10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company -owned or -rented vehicles, Government -owned, leased or rented vehicles, or privately -owned when on official Government business orwhen performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texbng while driving. PUBLIC INFORMATION AND EDUCATION REQUIREMENTS 1. All original electronic files including designs, concepts, photographs, video, and audio financed with grant funds shall be delivered to the OHSP by an agreed upon due date between the OHSP and the grantee (and all sub -recipients and contractors). The items will remain the property of the OHSP and shall not be subject to copyright protection by the vendor or their agents Items will be submitted to the OHSP Immediately after production of the item. The OHSP will hold the final grant reimbursement until all the above items have been submitted. The grantee (and all sub -recipients and contractors) shall not enter into an agreement that includes any time limits on rights for music, talent, artwork, or photographs. The grantee (and all sub -recipients and contractors) shall inform all vendors, subcontractors, or their agents of this requirement before authorizing work to be performed. 2. All printed public Information and education materials and videos are required to contain logos as designated by the OHSP, which are available in electronic formats upon request. See printing requirements below for more details. Audio materials must include an OHSP tag line, (see State of Michigan Printing Requirements #3 below). All materials, including audio and video materials and scripts must be submitted for review and approval by the OHSP prior to production. 3. All businesses performing printing services must meet one of the following conditions: (a) bear the label of the branch of the allied printing trades council of the locality in which it is printed; (b) have on file with the secretary of state, a sworn statement indicating that employees producing the printing are receiving the prevailing wage rate in the locality In which the work Is performed; or (c) have a collective bargaining agreement in effect formed by an organization that is not in any way influenced or controlled by management . (Per State of Michigan Procurement Policy Manual -Revised 6/12/18-Section1.3.13-State Printing Act) 4. All videos, print photography, or graphics shall depict drivers and passengers to be properly restrained by seat belts or child passenger safety devices unless the lack of restraints is for demonstration or educational purposes. 5. Messaging costs which are of a public relations nature and designed in -whole or in -part to promote either an individual or an agency is prohibited and not eligible for reimbursement, 6_ Closed Captioning: All DVDs must be closed captioned. This includes online videos. 7. Social Media Use and Approval: The creation of social media accounts such as Facebook and Twitter federally funded grants and projects require prior approval from the OHSP before release to the public. 8. The purchase of program advertising space by grantees on TV, radio, magazines, newspapers, billboards, etc., may be approved on a case -by -case basis. 9. The following items require the prior approval of the OHSP program coordinator: flyers, posters, brochures annual reports newsletters 10. Funding requirement statement. The following byline shall be placed on all printed public information and education materials: "This material was developed through a project funded by the Michigan Office of Highway Safety Planning and the U.S. Department of Transportation_" 11. The State of Michigan prohibits use of the OHSP and/or MSP logos on non -State of Michigan websites. COPIES 1. The OHSP will require one electronic copy of any publication produced with traffic safety grant funds if print copies are not available or if the items are not distributed statewide, and it is not available online. The copy can be submitted via email, CD, or flash drive. 2. The OHSP will require one copy of any of the following produced with traffic safety grant funds if they are distributed statewide and are not available online. This copy is distributed throughout the slate of Michigan's library system. • annual reports manuals, handbooks, and training materials news releases • statistics 3. The OHSP will require two of any of the following produced with traffic safety grant funds if they are distributed statewide and are not available online. These copies are housed as part of the state of Michigan's library system: posters • brochures flyers 4. If the publication is available on a publicly accessible website, no printed copy is required. However: an email which includes a link to the document must be provided to the OHSP. The State of Michigan's library system will then include it in its digital archive. PROGRAM REQUIREMENTS 1. Progress reports are required to be submitted throughout the grant period. The due dates for these reports are specified In the grant approval letter and must be submitted online. Reports shall describe activities undertaken to accomplish each project goal, reason for non -activity if necessary, activities planned for the next quarter, and obstacles encountered or anticipated. Progress reports must be submitted and approved forthe OHSP to process financial reimbursement. For traffic safety enforcement projects, enforcement reports must be submitted to the OHSP to process financial reimbursement. 2 The final progress report is due on the date stated in the grant approval letter and shall include a summary of all activities and accomplishments for the entire grant period. Include the following information in the project summary • A list of significant accomplishments or activities of this project that addressed the project objectives, 3. Out-of-state travel requires prior written approval by the OHSP Division Director A written request shall be submitted on the form provided. Requests shall be submitted at least 30 days in advance of anticipated travel. Financial commitment (i.e. travel arrangements, conference fees, hotel reservations, etc.) shall not be made prior to the OHSP approval. 4. If a project revision Is required, the grantee shall contact the OHSP program coordinator for prior approval. 5. Grantees must have written, and established policies and procedures listed below, where applicable, as required by Title 2 Code of Federal Regulations 200, and where outlined elsewhere in these requirements. Shall meet the standards outlined in: 1.Procurement 2 CFR 200 318, 200.320 2.Salary and Wages — 2 CFR 200.430 3.Fringe Benefits — 2 CFR 200,431 4.Travel — 2 CFR 200,474 5.lnternal Controls-2 CFR 200.303 6.Contracting 2 CFR 200.320, .323 7, Indirect Costs 2 CFR 200.414 8.Conflict of Interest 2 CFR 200,112 9.Accounling/Finance 2 CFR 200.302, .400 6. For Overtime Traffic Enforcement Grants Only: a. The grantee (and all sub -recipients and contractors) shall verify all officers working the OHSP federally funded overtime have completed the NHTSA-International Association of Chiefs of Police (IACP) approved Standardized Field Sobriety Testing (SFST) curriculum. b. All law enforcement officers participating in an OHSP grant -funded traffic enforcement detail shall wear a properly fastened seat belt in accordance with state law. Officers found in violation of this requirement while working a grant -funded detail may be ineligible for funding reimbursement from the OHSP. c. Law enforcement agencies are encouraged to have a written vehicle pursuit policy in place. d. Only Michigan Commission On Law Enforcement Standards certified police shall be used on enforcement projects e. Use of part-time officers on enforcement projects is restricted and must comply with the OHSP policy PRIOR APPROVAL IS REQUIRED. Contact the OHSP for a copy of this policy. I. Grant funds CANNOT be used for activities such as response to calls for service, traffic control, property inspections, motorcades, and dignitary protection. The OHSP grant funds can only be used for activities approved In the grant. g. Emergency response: A law enforcement emergency is defined as an imminent threat to life or property If a law enforcement emergency occurs during a grant -funded detail and response is required by an officer(s) working that detail: 1. The officer is allowed up to one hour of grant -time to respond and return to the traffic enforcement patrol. 1.The agency must incur the costs (i.e. the grant cannot be charged) beyond an hour or for additional emergencies that arise during the detail. 2.Response to non -emergency calls while on grant time must be charged to the agency. 2. All emergency responses must be documented with a brief description on the daily. h. Traffic enforcement shifts shall be scheduled for a minimum of two consecutive hours. i. Traffic enforcement efforts shall be publicized by supporting media events as requested by the OHSP. • The grantee (and all sub -recipients and contractors) shall assist the OHSP with media events that will be conducted locally. • Banners or other signage provided by the OHSP shall be displayed during the enforcement period . j. The grantee recipient (and all sub -recipients and contractors) and the chief or sheriff from each participating agency is required to sign the OHSP GMRs Acknowledgement and Agreement form signifying receipt of the GMRs and their agreement to comply with them as part of the online grant application process. k. The grantee (and all sub -recipients and contractors) must keep track of funds spent. In some cases, multiple funding snumes are assigned to law enforcement grants In these situations, the grantee must assign, document, and monitor expenditures to each designated funding source separately, Each grant and federal funding sources may not be used interchangeably. In the event the grantee overspends, the difference will need to be covered by the grantee. Additional funding will not be provided to support overspending of any federal program. I A daily activity log with a listing of activities performed must be completed for all time requested for reimbursement. It must include the following information in the body of the document to be acceptable documentation: • The start time of the grant -funded enforcement detail. A brief description of every stop. The end time of the grant -funded detail. All grant time must be accounted for. Time must be documented at a minimum of every hour, regardless of whether a traffic stop is made. This includes time spent on traffic stops, arrest, transporting and lodging of arrested subjects, report writing, serving as "zone spotters". The time on the daily must match the hours requested for reimbursement and supervisor approval must be documented electronically or in writing. If supervisors' approval Is given by means other than a signature on the daily, explanation of the approval process must be provided at the OHSP's request. GENERAL FINANCIAL REQUIREMENTS Compliance with the Federal Funding Accountability and Transparency Act (FFATA) of 2006. Signed into law on September 26, 2006, the Federal Funding Accountability Act provides the public with a single, searchable database of federal awards and sub -awards. MSP is responsible for reporting data into the FFATA database for each NHTSA sub -recipient award that equals or exceeds $25,000. The FFATA reporting procedure also requires for each sub -recipient agency to maintain current registration in the federal System for Award Management (SAM) and obtain a Data Universal Numbering System (DUNS) number. Applicants are responsible for reporting their SAM registration and DUNS number to WISP upon request to ensure timely and accurate award reporting, Grantees will also be required to update their grant applications with their new UEI in 2021. 2. Goods purchased through the grant shall be received in acceptable condition. If goods are not received in acceptable condition within thirty (30) days prior to the grant ending date, the grantee shall contact the OHSP program coordinator. 3. The grantee (and all sub -recipients and contractors) shall use generally accepted accounting principles. 4. Costs charged to this grant cannot be charged to any other program. Law enforcement agencies receiving funding for overtime traffic enforcement cannot offer comp time in lieu of overtime pay. 5. All costs shall be actual and supported by source documentation. Financial reimbursement will be delayed until all backup documentation is received by the OHSP. A document entitled "Acceptable Backup Documentation for Federal Cost Claims" is available from the OHSP to assist with identifying adequate backup documentation. 6. A separate account or fund must be established for this project. A separate account is required to be maintained by all agencies receiving grant funds from the OHSP regardless of the dollar amount. In addition, the grantee (and all sub -recipients and contractors) receiving funds from the OHSP for multiple grant projects must have a separate account for each grant project. It is the responsibility of the lead agency to insure all sub -agencies meet this requirement. The general ledgers of the sub -agencies are not required to be submitted with requests for payment unless specifically requested by the OHSP. 7. Costs reported on the final Financial Status Report (FSR) must match the agency's separate account or fund that has been established for this project inside the agencies accounting system. 1.Financial documents must be sufficient to permit the preparation of reports required by general and program -specific terms and conditions; and the tracing of funds to a level of expenditures adequate to establish that such funds have been used according to the Federal statutes, regulations, and the terms and conditions of the Federal award. 8. Comingling of funds on either a program -by -program or project -by -project basis is prohibited. The sub -grantee's accounting system must maintain a clear audit trail for each source of funding for each fiscal budget period and include the following; 1.Separate accountability of receipts, expenditures, disbursements, and balances 2.Itemized records supporting all grant receipts, expenditures, and match contributions in sufficient detail to show exact nature of activity. 3.Data and information for each expenditure and match contribution with proper reference to be a supporting voucher or bill properly approved, 4.Maintenance of payroll authorization and vouchers. 5.Maintenance of records supporting charges of fringe benefits. 6.Maintenance of inventory records for equipment purchased, rented, and donated. 7.Maintenance of billing records for consumable supplies (i.e. paper, printing) purchased. 8,Provisions for payment by check. 9.Maintenance of travel records (i.e. mileage logs, parking, hotels, meal receipts. 101ease agreements, contracted services, and equipment purchases that adhere to established procurement processes. 9. Costs must be net all applicable credits such as purchase discounts, rebates or adjustments of overpayments, or erroneous charges. 10, The following deviations from the approved budget require PRIOR approval from the OHSP: Once approved, appropriate revisions will need to be made to the grant agreement. a. A specific item of cost not included in the approved budget. b. An Increase In the number of a specific item over and above the total authorized. c. A transfer between major budget categories in excess of 10 percent of the category being Increased, 11. Procurement Methods; a. Competition. The grantee shall conduct all procurement and contractual transactions, without regard to dollar value, to provide maximum, open, and free competition. Maximum, open, and free competition shall be assured through the distribution of an adequate number of proposal solicitations. b. Small Purchase Procedures: Small purchase procedures are those relatively simple and informal procurement methods for securing services, supplies, or other property that do not cost more than $25,000 in total. If small purchase procedures are used, price or rate quotations must be obtained from at least three (3) Buy America Act qualified sources. c. The grantee shall follow their competitive bid process providing it is at least as restrictive as the process required by the Title 2 Code of Federal Regulations 200.320, by the State of Michigan and complies with the Buy America Act, (A copy of the State of Michigan procurement policy Is available upon request.) The grantee (and all sub -recipients and contractors) agrees to ensure that minority business enterprises, as defined in 49 CFR Part 23, have the maximum opportunity to participate in the performance of contracts and subcontracts financed, in whole or in part, with funds provided under this agreement The grantee must document multiple bids were sought in a competitive bidding process. When two or more responses were not received, the grantee shall indicate the selected bid was the only response, d. No employee, officer or agent of the grantee shall participate in selection, or in the award or administration of a contract or bid supported by Federal funds if a conflict of interest, real or apparent, would be Involved. e. A copy of the subrecipient's established procurement procedures must be readily available for audit purposes upon request from the OHSP. Records must sufficiently detail the procurement history for all purchases and should detail the rationale for the method of procurement and selection of nontrant type, written salactinn procedures, documented reasons for rejections, and the basis for the contract price. 12. Documentation for costs shall be maintained for three years following final reimbursement. 13. Any program income received shall be used exclusively to further traffic safety project activities Program income is defined as gross income earned by the prospective primary participant from grant supported activities. Some examples are proceeds from the sale of items purchased or developed with grant funds, or revenue received from attendees at trainings or conferences paid for with grant funds. Program income must be netted against costs incurred within the grant or returned to the OHSP, unless prior permission is obtained from the OHSP to use the funds for other traffic safety projects. Contact the OHSP for further information. 14. General Cost of Business (formerly referred to as Supplanting): The replacement of routine and/or existing expenditures with the use of state or federal grant funds for costs of activities that constitute general expenses required to carry out the overall responsibilities of a state or local agency or other grantee is general cost of business and Is not allowable. The grantee (and all sub -recipients and contractors) shall not use grant funds to replace state or local funds, or, other resources that would otherwise have been made available for this program. Further, if a position created by a grant Is filled from within, the vacancy created by this action must be filled within 30 days. If the vacancy is not filled within 30 days, the grantee (and all sub -recipients and contractors) must stop charging the grant for the new position. Upon filling the vacancy, the grantee (and all sub -recipients and contractors) may resume charging the grant position. The Financial Officer or Authorizing Official's straight time costs may not be funded under this grant. 15, All other Financial management requirements as listed in Title 2 Code of Federal Regulations 200.302 (Financial Management). COST REIMBURSEMENT 1. All OHSP projects are based on the cost reimbursement concept; i.e., state, local, or private funds shall be expended before reimbursement is provided. 2. Reimbursement is based on submission of progress and financial reports, All requested information should be submitted electronically through the web -based application whenever possible. Otherwise backup information may be submitted via US mail, by fax, or by email. A financial report submitted to the OHSP by the grantee shall contain the following to be considered complete: a. Electronic signatures for the agency's Financial Officer or Project Director. b. A copy of a report for the current period generated by the grantee's official accounting system which shows a description of the item and the actual amount spent. Some examples of acceptable reports include a detailed general ledger, a transaction ledger, a payroll journal, or a detailed budgetlexpenditure report. The report must match the amount being requested for reimbursement c. For enforcement grants: Officer names, dates, and amounts paid for each agency participating in grant funded patrols. d. For non -enforcement grants with personnel costs: Activity logs as described In "Personnel Costs" under "Budget Cost Category Requirements." e. Copies of invoices must be included. f. Additional documentation as requested by the OHSP. 3. Financial reports are due, at a minimum, on a quarterly basis. Financial report due dates are specified in the grant approval letter. Financial reports must be submitted even when the project experiences no costs. In this case, a "zero" Financial report shall be submitted. The submission of financial reports is mandatory and non-compliance can result in termination of the grant. Financial reports will be considered delinquent unless prior approval is received from the OHSP Program Coordinator. 4, The Project Director shall ensure that financial reports are submitted in compliance with reporting deadlines. If the financial report Is submitted electronically without backup documentation, the financial report is not considered submitted and the grantee will receive a delinquent letter stating the same. 5. A delay in submitting support documentation may result in the suspension of all grant activity 6. Failure to submit cost statements with adequate supporting documentation prior to the fiscal year close out deadline will result in non -reimbursement of those costs. Costs from one fiscal year cannot be paid in a subsequent fiscal year. AUDIT REQUIREMENTS This section applies to Grantees designated as subrecipients by the OHSP. 1.Required Auditor Audit Exemption Notice Grantees must submit to the OHSP either a Single Audit, Financial Related Audit, or Audit Exemption Notice as described below. A Financial Related Audit is applicable to for -profit Grantees that are designated as subrecipients. If submitting a Single Audit or Financial Related Audit, Grantees must also submit a corrective action plan prepared in accordance with Title 2 Code of Federal Regulations Section 200.511(c) for any audit findings that Impact the OHSP-funded programs, and management letter (if issued) with a corrective action plan. 1.Single Audit Grantees that are a state, local government, or non-profit organization that expend $750,000 or more in federal awards during the Grantee's fiscal year, must submit a Single Audit to the OHSP, regardless of the amount of funding received from the OHSP. The Single Audit must comply with the requirements of Title 2 Code of Federal Regulations, Subpart F. The Single Audit reporting package must include all components described in Title 2 Code of Federal Regulations, Section 200.512(c). 2.Financial Related Audit Grantees that are for -profit organizations that expend $750,000 or more in federal awards during the Grantee's fiscal year must submit either a financial related audit prepared in accordance with Government Auditing Standards relating to all federal awards ; or an audit that meets the requirements contained in Title 2 Code of Federal Regulations, Subpart F, if required by the federal awarding agency. 3.Audit Exemption Notice Grantees exempt from the Single Audit and Financial Related Audit requirements (a. and b above) must submit an Audit Exemption Notice that certified these exemptions. 1, Financial Statement Audit Grantees exempt from the Single Audit and Financial Related Audit requirements (that are required to submit an Audit Exemption Notice as described above) must also submit to the OHSP a Financial Statement Audit prepared in accordance with generally accepted auditing standards if the audit includes disclosures that may negatively impact the OHSP-funded programs including, but not limited to fraud, going concern uncertainties, financial statement misstatements, and violations of contract and grant provisions. If submitting a Financial Statement Audit, Grantees must also submit a corrective action plan for any audit findings that impact the OHSP-funded programs 1.0ther Audits The OHSP or federal agencies may also conduct or arrange for "agreed upon procedures" or additional audits to meet their needs. BUDGET COST CATEGORY REQUIREMENTS (PLEASE REFER TO THE FOLLOWING FOR SPECIFIC REQUIREMENTS OF BUDGET COST CATEGORIES. ONLY REQUIREMENTS FOR COST CATEGORIES CONTAINED WITHIN YOURAPPROVED GRANT BUDGETAPPLY) PERSONNEL COSTS 1 Includes itemized monthly or hourly salary rate. Fringe benefits are included under personnel costs. 2. Payments for salaries and wages shall be supported by a time and attendance report, based on an after -the -fact distribution of time, which shows details of the activities performed. 3. Federal guidelines prohibit using federal grant funds to pay for routine and/or existing state or local expenditures. 4. If the grant contains personnel services as part of the award, a job description for each position listed in the budget must be available to the OHSP upon request. For enforcement arants (and all sub -recipients and contractors) -See program requirements Section 5 For non -enforcement arants — The grantee (and all sub -recipients and contractors) must maintain activity logs which document the actual amount of time spent on the grant project and describe the nature of the activities performed. If the grant is funded from multiple sources, the logs must show the activity by fund source. This documentation must be submitted with the financial reimbursement request. 5. Reimbursement for wages and fringe benefits shall be based on actual costs NOT budgeted rates. Only those fringe benefit costs that increase because of hours worked on this project can be claimed for reimbursement. For overtime wages, those costs typically include FICA, workers comp, and retirement, but if any of these costs are structured so that they don't increase with overtime, they cannot be reimbursed. For straight -time grant -funded positions, all fringe benefits associated with the position may be claimed to the extent that the position has been approved for reimbursement (e.g., if 50% of the position Is grant funded, 50% of the fringes benefits can be claimed.) Fringe benefit rates must be reasonable and in accordance with federal cost principles. 6. The rate of pay for grant -funded enforcement shall be determined according to the grantee's (and all sub -recipients and contractors) policy, contract, or employment agreement. Overtime rates must be applied consistently to all activities of an agency — higher rates may not be established just for federal grants. 7, Agencies shall comply with all state labor laws. CONTRACTUAL SERVICES The Grantee will follow Title 2 Code of Federal Regulations part 200,318, 200,321, 200.323, 200.326, 200.330, and Appendix II to Part 200. Contractual services are services of individual consultants or consulting firms engaged in performing special services pertinent to highway safety. Contracts are allowable when necessary to achieve the goals of the grant agreement. Costs are allowable for products, highway safety consultants, personal services, and/or individuals for support services, provided applicable state and local procurement procedures are followed and documentation is available that describes the official contract and procurement practices . Contracts and procurements must include "special provisions" as provided by the OHSP. The grantee is responsible for verifying contractor eligibility by checking the national List of Parties Excluded from Federal Procurement and Non -Procurement Programs list available at or adding a self -certification clause or condition to the contract (www.govinfo,gov), All grantees (and all sub -recipients and contractors) awarding contracts or sub -contracts shall comply with the terms and conditions of Title 49 Code of Federal Regulations, Part 18-Uniform Administrative Requirements for Grant and Cooperative Agreements to State and Local Governments, §18.36 Procurement. A signed copy of the contract, including federal certifications and assurances, shall be submitted to the OHSP upon completion and is required for processing and approval of financial reimbursement requests The grantee is responsible for managing all contracts issued using the OHSP grant funds including: Ensuring the contractor complies with all contract provisions. Ensuring services are performed according to the quality, quantity, objectives, timeframes, and manner specified in the contract. Ensuring that all work is completed and accepted before the contract expires. Assessing and requesting amendments, renewals or new contracts as required allowing sufficient time to process and execute these changes before the contract expires to prevent lapse in service. Ensuring that contracts are amended after any grant agreement revision that affects the contract terms. Reviewing and approving invoices for payment, ensuring payments are made in accordance with contract terms, all costs are budgeted and allowable, and work has been performed Monitoring contract expenditures to ensure there are sufficient funds to pay for all services rendered as required by the contract. Verifying all requirements of the contract are fulfilled before submitting the final invoice. Ensuring that all Personnel Activity log requirements are met. OPERATING COSTS 1. Only eligible operating costs specifically listed in the approved grant budget will be reimbursed. These are costs not covered under other budget categories, including services not requiring contractual agreements and minor equipment such as office supplies, printing, and educational materials, 2. Automotive expenses submitted shall be based on actual costs incurred. In most cases, this will be calculated by multiplying actual miles driven times a mileage rate. The rate will be determined when the grant is approved, but will generally be the IRS business mileage rate. With prior approval, reimbursement may be allowed based on the actual costs incurred for gasoline, maintenance, insurance, and other vehicle expenses. 3. Postage, telephone, and grant -related travel costs shall be documented by log or meter and submitted with the reimbursement request. TRAVEL COSTS Out -of -stale travel funded by federal; grant funds requires prior written approval by the OHSP Division Director. A written request shall be submitted on the form provided. Requests shall be submitted at least 30 days in advance of anticipated travel. Financial commitment (i.e. travel arrangements, conference fees, hotel reservations, etc.) shall not be made prior to OHSP approval. Reimbursement: The grantee will be reimbursed for travel cost (including mileage, meals, and lodging) budgeted and incurred related to services provided under this agreement, The Grantee will have established and follow documented Travel Policies. 1, Reimbursements for travel (meals, lodging, mileage, etc.) cannot exceed the lesser of the grantee's published travel rates or the allowable State of Michigan travel rates. Exceptions require OHSP approval during the grant application process Grantees requesting an exception will attach their organization's travel policy when the first grant draft is submitted. The policy must be applicable to all organization travel. Policies will be reviewed by the OHSP fiscal manager for approval, and cannot exceed the current federal travel reimbursement rates. 2. State of Michigan travel rates may be found at the following website https://www. michigan.gov/dtmb/0,5552,7-358-82548_13132---,00,html EQUIPMENT (includes software) 1. Only eligible equipment specifically listed in the equipment section of the approved grant budget will be reimbursed. Equipment costs shall be reimbursed according to the match requirements as specified in the approved grant budget. 2. Equipment purchases shall be Initiated within the time period specified in the approved grant. "Initiated" means bids were solicited, accepted, and items have been ordered. If there is a reason a grantee is unable to meet this requirement, the OHSP program coordinator shall be contacted immediately. 3, Equipment purchased through this grant shall be used only for highway safety activities throughout its useful life, whether the project or program continues to be supported by the Federal award. 4. If the equipment is disposed of, or ceases to be used for highway safety activities, and the equipment is determined to have a Current Fair Markel Value of $5,000 or more, the OHSP reserves the right to retain or transfer title to all Items. The OHSP may allow the holder of the equipment to retain title of the equipment and reimburse the federal or State share of the fair market value of such equipment. The Current Fair Market Value shall be determined as follows: a. Appraisal by an independent source with expertise in valuation of similar items is the preferred method of valuation for equipment b. For vehicles, Kelly Blue Book values may be used when taking into consideration the physical condition of the vehicle c. If a fair market value based on appraisal or Kelly Blue Book values cannot be determined, the value may be based on IRS depreciation schedules. Only straight line depreciation may be used. 5. Equipment with a cost of $5,000 or more shall be tagged by the grantee for inventory control purposes. In addition, the OHSP Equipment Record System Form with all applicable Information completed shall be submitted with the prospective participant's or sub -recipient's reimbursement request. The grantee (and all sub -recipients and contractors) shall complete an equipment inventory form sent to them by the OHSP each year that the value remains $5,000 or more, and shall make the item available for physical review by the OHSP staff when requested. 6. All equipment purchases with NHTSA funds shall comply with the Buy America Act requirements before costs will be reimbursed Please refer to section eleven under the heading Grant Management Requirements for specific terms of the Buy America Act. 7. Direct cost allocation principles, If a cost benefits two or more projects or activities in proportions that can be determined without undue effort or cost, the cost must be allocated to the projects based on the proportional benefit. If a cost benefits two or more projects or activities in proportions that cannot be determined because of the interrelationship of the work involved, then, notwithstanding paragraph (c) of this section, the costs may be allocated or transferred to benefitted projects on any reasonable documented basis. Where the purchase of equipment or other capital asset is specifically authorized under a Federal award, the costs are assignable to the Federal award regardless of the use that may be made of the equipment or other capital asset involved when no longer needed for the purpose for which it was originally required. COLLECTION OF UNALLOWABLE COSTS Payments made for costs determined to be unallowable by either the Federal awarding agency, cognizant agency for indirect costs, or pass -through entity, either as direct or indirect costs, must be refunded (including interest) to the Federal Government in accordance with Instructions from the Federal agency that determined the costs are unallowable unless Federal statute or regulation directs otherwise. See also Subpart D—Post Federal Award Requirements of this part, and Part 200.300 Statutory and national policy requirements through 200.309 Period of performance. INDIRECT COSTS Indirect costs cannot be specified in all situations because of the diverse characteristics and accounting practices of governmental units. Typical examples of indirect costs may include certain state/local central service costs, general administration of the grantee department or agency, accounting and personnel services performed within the grantee department or agency, depreciation or use allowances on buildings and equipment, the costs of operating and maintaining facilities, etc. If the grantee or sub recipients does not have a federal cognizant agency, the OHSP will service in this capacity. 2 CFR provides guidance on indirect cost as follows: Section 200.414 Indirect (F&A) Cost-(F): In addition to the procedures outlined in the appendices in paragraph (a) of this section, any non -Federal entity that has never received a negotiated indirect cost rate, except for those non -Federal entities described in Appendix VII to Part 200—States and Local Government and Indian Tribe Indirect Cost Proposals, paragraph D.1.b, may elect to charge a de minimis rate of 10% of modified total direct costs (MTDC) which may be used indefinitely. As described in §200.403 Factors affecting allowability of costs, costs must be consistently charged as either indirect or direct costs, but may not be double charged or inconsistently charged as both. If chosen, this methodology once elected must be used consistently for all Federal awards until such time as a non -Federal entity chooses to negotiate for a rate, which the non -Federal entity may apply to do at any time. CONFLICT OF INTEREST AND CODE OF CONDUCT STANDARDS 1.The Grantee is subject to the provisions of 1968 PA 317, as amended, 1973 PA 196, as amended, and Title 2 Code of Federal Regulations Section 200,318 (c) (1) and (2). 2 CFR 1201. 112. 2.The Grantee must have established conflict of interest policies, in accordance with Title 2 Code of Federal Regulations Section 200.112, 3.The Grantee will uphold high ethical standards and is prohibited from: 1.Holding or acquiring an interest that would conflict with this Agreement; 2.Doing anything that creates an appearance of impropriety with respect to the award or performance of this Agreement; 3.Attempting to influence or appearing to influence any State employee by the direct or indirect offer of anything of value ; or 4.Paying or agreeing to pay any person, other than employees and consultants upon the award of this Agreement, other than employees and consultants upon the award of this Agreement, TERMINATION The OHSP retains the right to terminate a grant for failure to meet the grant management requirements. When a grant is terminated by the OHSP, the grantee or sub -recipient shall not be eligible to seek grant funding for a period of two years. To obtain a grant after the two-year period, the grantee or sub -recipients will be required to submit written assurance that the identified deficiencies have been corrected. Additionally, the agency may be required to submit monthly financial reports to allow for increased financial monitoring. References: Statute Highway Safety Act of 1966: 23 U.S.C. Chapter 4 Rules The rules which govern the Highway Safety Grant Programs is available at: Part 1200 - Uniform procedures for state highway safety grant programs Part 1300 - Uniform procedures for state highway safety grant programs Title 2 Grants and agreements Part 200 (2 CFR 200) Uniform administrative requirements, cost principles, and audit requirements for federal awards. hftps:tiwww.eefr.gov/ Other NHSTA allowable and unallowable costs NHSTA highway safety grants program resource guide Project Director Agreement (required to submit Draft Application): [ v ] Click here to affirm that you have read and agree to comply with the Grant Management Requirements. " Authorized Official Agreement (required to submit Final Application): [Y, ] Click here to affirm that you have read and agree to comply with the Grant Management Requirements. " HIGHWAY SAFETY GRANT APPLICATION Certification FY 2021 Project Title: Oakland Countv DUI/Seat Belt Overtime Traffic Enforcement Applicant: Transoortation Imorovement Association CERTIFICATION BY PROJECT DIRECTOR I certify and agree that a grant received as a result of this application is subject to the general requirements governing Office of Highway Safety Planning projects and Grant Management Requirements, including special conditions; to comply with provisions of the Act governing these funds and all other federal laws; that all information presented is correct; that there has been appropriate coordination with affected agencies; that I am duly authorized by the Applicant to perform the tasks of Project Director as they relate to the terms and conditions of this grant application; that costs incurred prior to grant approval may result in the expenses being absorbed by the subgrantee; and, that funds received through OHSP will not be used to supplant state or local funds. (NAME TITLE Ms. Monica Yesh Chief Operating Officer ADDRESS 100 E. Big Beaver Rd., Suite 910 Troy Michigan-48083 AGENCY PHONE NUMBER Transportation Improvement Association 248-334-4971 FAX NUMBER EMAILADDRESS 248-475-3434 myesh@tlasafety.us AGENCY CONTACT PERSON (if different than grant Project Director) (NAME TITLE (ADDRESS (AGENCY PHONE NUMBER FAX NUMBER EMAILADDRESS HIGHWAY SAFETY GRANT APPLICATION Certification FY 2021 Project Title: Oakland Countv DUI/Seat Belt Overtime Traffic Enforcement Applicant: Transportation Improvement Association CERTIFICATION BY FINANCIAL OFFICER I certify and agree that a grant received as a result of this application is subject to the general requirements governing Office of Highway Safety Planning projects and Grant Management Requirements, including special conditions; to comply with provisions of the Act governing these funds and all other federal laws; that all information presented is correct; that there has been appropriate coordination with affected agencies; that I am duly authorized by the Applicant to perform the tasks of Financial Officer as they relate to the fiscal terms and conditions of this grant application; that costs incurred prior to grant approval may result in the expenses being absorbed by the subgrantee; and, that funds received through OHSP will not be used to supplant state or local funds. NAME (TITLE Ms. Christine McKinney Administrative Assistant ADDRESS 100 E. Big Beaver Rd, Ste 910 Troy Michigan-48083 AGENCY PHONE NUMBER Transportation Improvement Association of Michigan 248-334-4971 FAX NUMBER EMAILADDRESS 248-475-3434 cmckinney@tiasafety.us CERTIFICATION BY OFFICIAL AUTHORIZED TO SIGN I certify and agree that a grant received as a result of this application is subject to the general requirements governing Office of Highway Safety Planning projects and Grant Management Requirements, including special conditions; to comply with provisions of the Act governing these funds and all other federal laws; that all information presented is correct, that there has been appropriate coordination with affected agencies; that I am duly authorized to commit the applicant to these requirements; that costs incurred prior to grant approval may result in the expenses being absorbed by the subgrantee; and, that funds received through OHSP will not be used to supplant state or local funds. NAME TITLE Mr. Jim Santilli Chief Executive Officer ADDRESS 100 E Big Beaver Rd, Ste 910 Troy Michigan-48083 AGENCY PHONE NUMBER Transportation Improvement Association 248-334-4971 FAX NUMBER EMAILADDRESS 248-475-3434 jsantllll@tlasafety.us Resolution #21049 February 18, 2021 Moved by Nelson seconded by Weipert the resolutions on the Consent Agenda be adopted. AYES: Charles, Gershenson, Hoffman, Jackson, Joliat, Kochenderfer, Kowall, Kuhn, Long, Luebs, Markham, McGillivray, Miller, Moss, Nelson, Powell, Spisz, Weipert, Woodward, Cavell. (20) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions on the Consent Agenda were adopted. Moved by Nelson seconded by Weipert MR #21047 be amended as follows: Add all Commissioners as co-sponsors of the resolution. A sufficient majority having voted in favor the amendment carried. LJ'L� aLa-�' I HEREBY APPROVE THIS RESOLU-I'"4 CHIEF DEPUTY COUNTY EXECUTIVE p.CTING PURSUANT TO MCL 45,559A V) STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on February 18, 2021, with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the Circuit Court at Pontiac, Michigan this 18rh day of February 2021. Lisa Brown, Oakland County