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HomeMy WebLinkAboutExhibitSTATE OF FLOMOADEFARTM ENT OF TRMSPORTATICN (FDOT) SUBGRANT FOR HIGHWAY TRAFFIC SAFETY FUNDS 500-065-01 SAFETY 9Q0 Project Number: MC-2021-00300 FDOT Contract Number: G1 S29 Federal Funds Awarded: $80,000 FDOT DUNS Number; 80-939-7102 SUbgrant Award (Start) Date: Subgrant End Date: 09/30/2021 Part 1: GENERAL ADMINISTRATIVE INFORMATION Project Title: Motorcycle Safety Initiative Overtime Patrol Federal Funding: $80,000 Match: $ Total Cost: $80,000 1. Subrecipient Agency: Z Implementing Agency: Agency Name: City of Miami Agency Name: City of Miami Police Department Address Line 1: 3500 Pan American Drive Address Line 1: 400 NW 2nd Ave. Address Line 2: Address Line 2: 4th Floor City: Miami City: Miami State: Florida State: Florida Zip: 33133 Zip: 33130 3. Federal ID Number: 59-6000375 4. DUNS Number: 072220791 5. Chief Financial Officer: 6. Project Director: Name: Sandra Bridgeman Name'. Alex Valdes, Lieutenant Address Line 1: 444 Southwest 2nd Avenue Address Line 1: 400 NW 2nd Avenue Address Line 2: 10th Floor Address Line 2: City: Miami City: Miami State: Florida State: Florida Zip: 33130 Zip: 33128 Telephone No: (305) 416-1027 ext. Telephone No: (305) 603-6540 ext, E-M ai I Address: SBridgeman@miamigov.com E-Mail Address: 28113@miami-police.org 7, Financial Reimbursement Contact: 8. Project Activity Contact: Name: Maricalis Perez Name: Tymekia Gibson Title: Administrative Assistant I Title: Contract Compliance Analyst Telephone Number: (305) 603-6207 ext. Telephone Number: (305) 603-6142 ext. E-Mail Address: 5629@Miami-Police.org E-Mail Address: 41860@Miami-Police.org 9. Payment' emittance Address: Name: City of Miami Police Department Address Line 1: 400 NW 2nd Avenue Address Line 2: 4th Floor, Business, Management Section City: Miami State: Florida zt 33128 Amendment Number: Original SU B-2021 -CityofMiaM-00300 Pagel of 33 Project Title: Motorcycle Safety initiative Overtime Patrol Project Number; wC-20oi-0m30n poOrContract Number: Glm29 Part 11: PROJECT PLAN AND SUPPORTING DATA 500-065-ol SAFETY .120 State clearly and indetail the aims ofthe project, precisely what will bedone, who *iUbeinvolved, and what io expected to result. Use the following major headings: I 1 . Statement of the Problem: According 8zrecent studies, Florida is leading the nation inMotorcycle crash fatalities. Even though only seven percent of all drivers are bikers, one in every five deaths sustained in a highway crash involves a motorcyclist. Moreover, about 8O%ofall motorcycle collisions result inasevere orfatal injury.whh94%ofvictimoboinq Florida residents (1). According to the National Highway Traffic Safety Administration (N HTSA), motorcyclist fatalities occurred nearly 29 times more frequently than passenger car occupant fataRiesintmffiucroaheoper vehicle miles traveled (2Q15);57percent ofmotorcycle fat |itiemocou/|nurbonmreau.00mpeed to43percent |nruna�areas, (2). Miami's year-round warm weather, beaches and scenic streetscapes make it a favorable city for Motorcyclists, but unfortunately also experiences a significant number of motorcyde-related accidents, The City of Miami attracts ogrowing number ofnew residents, visitors, and asignifioentcommuting workforce, In an urban city that is not only densely POPUi2ted but also is a popular U.S. tourist destination, the daytime population can sometimes reach almost a miiHon—significantly increasing the number of motorists on the road during peak season. With the increasing demands ofegrowing population, the City ofMiami lies within the top 25%ufcities inthe ` FD8T' FY2021 Highway Safety Matrix-Renking of Florida Cities. It ie#4 in "Motorcyclists" related mmhoum injuries and fatalities, Therefore, the City of Miami Police Department (MPD) will use FDOT State Safety Office funding to address the emphasis areas of "Motorcycte Safety" in the Strategic Highway Safety Plan (SHSP), To ensure the public safety ofall who live, work, and play inK8iami. ;NPDwill deploy its experienced team oftraffic officers inanovertime patrol project, tndecrease hazardous motorcycle -related incidents, 2. Proposed Solution: The National Highway Traffic Safety Administration (NHTSA)identifies "Motorcycle Safety" as one of its 11 focus areas inthe FY2U21Florida's Strategic Highway Safety Plan (SHSP)toprovide additional police services for a FY 2021 "Utilizing Strategy 2 under "Law Enforcement and Emergency Services, Section 3,,8" from FHGP'aFlorida Motorcycle Safety Strategic Plan . MPDwill conduct high -visibility enforcement inareas with high incidents of motorcycle crashes, injuries, and fatalities. Additionally, Community Outreach and education components will beexecuted insupport ofthis project. MPDwill identify specific corridors whkhhave a high number uf driving violations and crashes involving motcrcyclists. These higih complaint areas will be identified using data from incoming calls to the police C211 center, crash reports, speeding ticket reports, and City ofMiami Statistical data. MPDwill work diligently to deooemoo motorcyo|e-related traffic crashes, that may lead tofatalities and injuries; thus, enhancing its enforcement efforts and deterrence capability, The execution ofthisaubgran will bealong the lines ofoRoad Safety Patrol (RSP).throughout the City cf Miami. MPDwNconduct R8Peinanaverage of1-8operations per week, with each operation lasting nomore than 8hours, during peak times. The R8Pei|�consist of2 6officers per area ufdetail. Depending onthe results of the operations, RSP may be broken up into groups of 2 officers per operation. This will be decided based on weekly assessments ofthe operations. A Supervisor (Sergeant or Lieutenant) wN be present at all details to oversee the RSPS to ensure the integrity of the operations. He/she will also be responsible for RSP paperwork and overtime hours to be turned in on time, which will lead to proper documentation of activities, hours, and results. The Supervisor's presence is also necessary in the event there is a traffic stop and arrest. wma�^=�xvmm���mm SUB�O21-C��|��3OO pm�2�� Project Title,. Motorcycle Safety initiative Overtime Patrol Project Number: MC-2021.00300 FOOT Contract Number: G 1S29 Motorcyclists caught violating driving and safety laws during the Road Safety Patrols will be issued a warning for first time offenses, unless such a violation is deemed a criminal offense. Repeat offenders, however, will receive a summons and/or any other penalty as required by law. Driving violations are often a matter of the public not knowing; what driving laws require of them. Therefore, to better educate the public, with every warning and/or summons handed out, the motorists will receive an educational pamphlet, outlining the responsibilities of motorcyclists. Before and after operations, briefings will be conducted to ensure 211 personnel are made aware and fully understand the policies and procedures, goals, duties, and objectives of the operation. Officers will be on high alert and will show a "Zero Tolerance," in order to apprehend any motorcyclist who violates Florida's traffic laws or other drivers who are driving in a manner that will endanger a motorcyclist (to. Violating right of way, distractive driving, aggressive driving, etc.). In our enforcement operations, we will utilize officers who are trained in radar/laser operation as well as Traffic Safety. MPD will also implement an Education and Outreach component to increase the public's awareness of Motorcycle Safety, Officers will be selected to make a minimum of one presentation per month. MPD will work with community outreach centers such as the Boys and Girls Club, youth camps, local schools, and City of Miami Neighborhood Enhancement Team (NET) offices. Middle schools and high schools will also be locations of focus for this public awareness campaign, as Motorcycle Safety affects all ages. Educational pamphlets will be distributed and MPD's social media networks will also be used to promote this campaign and safety information. *NOTE: Due to Miami being a COV0-1 9 hotspot and public safety concerns, the Education and Outreach component described will not be feasible until COVID-19 safety precautions are lifted. The proposed total project cost for the implementation of the FY 2021 "Motorcycle Safety Initiative Overtime Patrol Project" is $80,000. FDOT State Safety Office funds will be allocated toward "Personnel Services" which will cover overtime salaries and benefits for essential personnel working Road Safety Patrols. MPD will employ no more than one Lieutenant or one (1) Sergeant as Supervisors, with a minimum of (2) officers to operate the RSP details, The project will be under the supervision of a Unit Commander who will not participate in the RFPs, but will assure subgrant funded activities are being implemented. MPD will partner with and assist other local agencies, and the Miami -Dade County State Attorney's Office, to ensure MPD personnel are performing duties in compliance with state guidelines. 3. Project Objectives: a. Conduct a minimum of 3 motorcycle high visibility overtime enforcement per month. 500-065-ul SAFETY 9/20 b. Conduct and or participate in at least 1 educational/community outreach event to increase motorcycle safety awareness if feasible during the subgrant period (Due to COVID-19 safety concerns) c. Provide motorcycle safety information and education to the public through the use of message boards, local media outlets and/or social media at least once per month. d. Strive to decrease motorcycle crashes and fatalities city wide by 5% at the end of the project period when compared to the previous three-year average. 4. Evaluation: a. The number of motorcycle enforcement operations conducted. b. The number of educationallcommunity outreach events conducted or participated in to increase motorcycle safety awareness during the project period. *NOTE: Due to Miami being a COVlD-1 9 hotspot and public safety concerns, the Education and Outreach component described is no longer feasible for this project. Amendment Number: Orlginai SUB-202 I-Cityc)fMiam-00300 Page 3 of 33 Project Title: Motorcycle Safety Initiative Overtime Patrol Project Number: MC-2021-00300 FOOT Contract Number: 0I529 500-055-01 SAFETY 9a20 c. The number of instances that motorcycle safely messaging information and education was provided to the public. d. Motorcycle crash and fatality data will be collected and analyzed at the end of the project period to determine the increase or decrease in crashes compared to the previous three year average Amendment Number: Original SUB-2021 -CityofMiam-00300 Page 4 of 33 Project Title: Motorcycle Safety Initiative Overtime Patrol Project Number: MC-2021-00300 FOOT Contract Number: G1 S29 Part III: PROJECT DETAIL BUDGET 500 065-D1 SArETV 9)20 Each budget category subtotal and individual line item costs listed below cannot be exceeded, The FDOT State Safety Office may approve shifts between budget categorles and line items via an amendment. BUDGET CATEGORY FEDERAL FUNDS MATCH TOTAL COST INDIRECT ELIGIBLE A. Personnel Services Overtime Salaries and Benefits $80,000 $80,000 No Overtime salaries and benefits for law enforcement personnel, benefits to include FICA and FLSA(Fa1r Labor Standards Act) Subtotal: $80,0001 $ $ 8 0 10-00— B. Contractual Services Subtotal: $1 $1 C. Expenses - Any purchase with a per item unit cost of $200 or more from any line item within this Category, excluding: software, must have FDOT State Safety Office written approval, prior to purchase. Subtotal. $1 $ $ 1i D. Equipment Costing $5,000 or More Subtotal: $I $ $ E. Indirect Cost Subtotal: $ V�11 Tf"N/W" $ Total Cost of Project: $80,000 Amendment Number: Original SUB-2021 -CityofMam-00300 Page 5 of 33 Project Title; Motorcycle Safety Initiative Overtime Patrol Project Number: MC-2021-00300 FDOT Contract Number; G1 829 PART IV: PERFORMANCE REPORT WM65-01 SAFETY 9129 Minimum Performance Standards The following are the minimum performance standards, required in this subgr2nt agreement. The Status of these standards will be reported using FDOT form number 500-065-19 Performance Report and shall be included with each request for reimbursement. —1. Submit request(s) for financial reimbursement, 1-2. Provide performance reports). 3. Collect and analyze crash data to determine focus areas for targeted motorcycle enforcement. 4. Conduct motorcycle high visibility enforcement operations. 5. Conduct motorcycle safety outreach/educational activities. 6. Provide motorcycle safety messaging through muftiple media outlets, Amendment Number: Original SUB-2021-CityofMiam-00300 Page 6 of 33 Project Title: Motorcycle Safety Initiative Overtime Patrol Project Number: Mo-2021-00300 ` FDOT Contract Number: GIS29 Part V:Acceptance and Agreement Conditions of Subgrart40memsnt Upon approval ofthis eubgran agreement for highway safety funds, the following terms and conditions shall become binding. The term "Subrecipient" referred to herein, will reference both the Subrecipient and its Implementing Agency. TNs agreement is line item specific and an amendment to the subgrant agreement is required for any reallocation of funds provided under this subgrant agreement, FEDERAL REGULATIONS 1. Access toPublic Records and Monitoring. The Florida Department ofTransportation (FDOT)National Highway Traffic Safety Administration (NHTSA), Federal Highway Administration (FHWA), Chief Financial Officer (CFO), and Auditor General (AG) of the State of Florida, or any of their duly authorized representatives, shall have access for the purpose of audit and examination of books, documents, papers, and records of the Subrecipient and to relevant books and records of the Subrecipient which are not protected from disclosure by State or Federal law, and its consultants and contractors under this subgrant agreement, as provided under applicable State or Federal law. In addition to review of audits conducted in accordance with 2 CFR Part 20C, herein Incorporated by reference, monitoring procedures will include on -site visits byDepartment staff, limited scope audits eedwfinedby2CFIRPart 2OO, and status checks ofaubgnontactivity via telephone calls from FDDTState Safety Office staff toSubneoipimnts .8y entering into this subgrant agreement, Subrecipients agree to comply and cooperate with monitoring procedures. In the event that a limited scope audit of the Subrecipient is performed, the Subrecipient agrees tobring the project into compliance with this subgrant agreement. The Subrecipient further agrees to comply and cooperatewith any inopoctona, reviews, investigations, oraudits deemed necessary bythe CFO orAGtothe extent allowed byState or Federal law, 2 Audit. The administration of resources awarded through the Department to the 8ubrecpientbythis oubgrani mgmementmmybeaubjecttoouditsendlormonhmhnQbytheDepartmenLThefdlowing requirements donot limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or limit the authority of any State agency inspector general, the State of Florida Auditor General or any other State official. With the exception of documents protected by State law, the Subrecipient shall comply with all audit and audit reporting requirements as specified below. (a) |naddition toreviews ofaudits conducted inaccordance with 2CFR Part 2nO.Subpart F Audit Requlements, monitoring procedures may include but not belimited toon-site visits byDepartment staff and/or other procedures including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to Federal awards provided through the Department by this subgrant agreement. By entering into this subgrant agreement, the Subrecipient agrees to Comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department, The Subrecipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial Officer (CFO) or State of Florida Auditor General. (b) The Suhnanp�entanon-Federal entity asdefined by2CFRPart 2OO.Subpart F Audit Requirements, exa subrecipient of a Federa| award awarded by the Department through this subgrant agreement is subject to the following requirements: In the event the Subeclpientexpends a total @MountuyFederal awards equal h»orinexcess ufthe thmaho|doat2b|ishedby2CFR Part2OO. Subpart F Audit Requirements, the Subrocipientmust have @ Federal singie or prograrn-specific audit for such fiscal year conducted in accordance with the pmwoinnm of CfR Part 200, Subpart F '&ud|t Requirements. Part VI to this subgnent agreement provides the required Federal award idertification information needed by the Subrecipient to further comply with the requirements of 2 CFR Part 200, Subpart F - Audit Requirements. In determining Amendment Number: Original 8UB-2021'CityoMM|sm'80300 Page rnf3m 600-065-m SAFETY 9120 Project Title: Motorcycle Safety Initiaove Overtime Patrol Project Number: mu-2u21-003w poorContract Number: olnuy Federal awards expended inafiscal year, the Suhrecipientmust consider all sources pfFederal awards based uowhen the activity related tothe Federal award occurs, including the Federal award provided through the Department bythis aub8nant agreement. The determination ofamounts ofFederal awards expended should be in accordance with the guidelines estab,lished by 2 CFR Part 200, Subpart F - Audit Requirements, An audit conducted bythe State ofFlorida Auditor General inaccordance with the provisions mf2CFRPart 2UO.Subpart F Audit Requirements, will meet the requirements ofthis part. ii h`connection with the audit requirements, the Subreop,iantshall fulfill the requirements relative tothe auditeeresponsibilities aaprovided io2CFRPart 20O,Subpart F Audit Requirements, |nthe event the 8ubrecipientexpends less than the threshold established by2CFRPart 20OSubpart F-&udit Requirements, inFederal awards, the Subrecipient isexempt from Federal audit requirements for that fiscal year. However, the SUbrecipient must provide a single audit exemption statement to the Department at FDOTSingleAudi�5_dot.state.fl,Lls no later than nine months after the end of the Subreciplent's audit period for each applicable audit year. In the event the Subrecipient expends less than the threshold established by 2 CFR Part 200, Subpart F - Audit Requirements, in Federal awards in a fiscal year and elects to have an audit conducted in 2CCOrdance with the provisions of 2 CFR Part 2UO.Subpart F Audit Requirements, the cost ofthe audit must bepaid from nwn-Federa|resources (i,e., the cost of such an audit must be paid from the Subrecipient's resources obtained from other than Federal entities). iv. Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F Audit Requirements, and required by this section, shall be submitted, when required by 2 CFR §200.512, by or on behalf of the Subrecipent directly to the Federal Audit Clearinghouse (FAC) as provided |n3CFR §20036 and §208.512. The FAC'mwobaite provides odata entry system and required forms for yubmhdngthe single audit reporting package, Updates tothe location ofthe FACand data entry system may bafound etthe OMB webnit*, The FACisthe repository ofrecord for audits required by2CFgPart 2O0^Subpart F Audit Requirements, and this Agreement. However, the Department requires a copy of the audit reporting package also be submitted to F DOTS i ngleAudi t@dot.state. fl. us within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period as required by 2 CFR Part 200, Subpart F - Audit Requirements. Wrthin six months ofacceptance ofthe audit report by the FAC.the Department will review the SubreopionCuoudit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaiNng to the Federal award provided through the Department by this subgrant agreement. If the Subrecipient falls to have an audit conducted in accordance with 2 CFR Part 20Q.Subpart F-Audit Requirements, the Department may impose, additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce compliance, which actions may include but not be limited to the following: 1. Temporarily withhold cash payments pending correction ofthe deficiency bythe SubmcipiemLor more severe enforcement action by the Department 2. Disallow (deny both use of funds and any applicable matching credit for) 2h or part of the costof the activity oraction not incompliance 3. Wholly or partly suspend or terminate the Federal award 4. Initiate suspension or debarment proceedings as authorized under 2 CFR Part 180 and Federal awarding agency regulations (or in the case of the Department, recommend such a proceeding boinitiated bythe Federal awarding agency) Amendment Numb acOriginal 500-065-m SAFETY 9J20 Project Title: Motorcycle Safety initiative Overtime Patrol', Project Number: MC-2021-00300 FOOT Contract Number: G1 S29 5. Withhold further Federal awards for the Project or program 6. Take other remedies that may be legally available vi. As a condition of receiving this Federal award, the Subrecipient shall permit the Department, or its designee, the CFO or State of Florida Auditor General access to the Subrecipient's records including financial statements, the independent auditor's working papers and project records as necessary. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is complete or the dispute is resolved. vii. Copies of financial reporting packages required by this section shall be submitted by or on behalf of the Subrecipient directly to each of the following-. Office of Comptroller,. IVIS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 .F DOTS inqeAud itOd ot. state. fl. us The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 Ill West Madison Street Tallahassee, Florida 32399-1450 The Auditor General's website (hftps,://flauditor.goW) provides inStrUctions for filing an electronic copy of a financial reporting package. viii. Any reports or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with 2 CFR §200.512, section 215.97, Florida Statutes, and Chapters 10.550 (local government entities) and 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. ix. The Subrecipient, when submitted financial reporting packages to the Department for audits done in accordance with 2 CFR Part 200, Subpart F -Audit Requirements, or Chapters 10.550 (local government entities) and 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Subrecipient in correspondence accompanying the reporting package. (c) The Subrecipient shall retain sufficient records demonstrating its compliance with the terms of the award' and 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 CFO or State of Florida Auditor General access to such records upon request, The Subrecipient shall ensure that the audit working papers are made available to the Department, or its designee, the CFO, or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued unless extended in writing by the Department. The Subrecipient shall further permit access to all Project records by the Secretary and Inspector General of the United States Department of Transportation and the Comptroller General of the United States, or their designees. (d) The Subrecipient shall permit, and shall require its contractors to permit, the Department's and NHTSAs authorized representatives to access the Project site-, inspect all work, materiats, payrolls, and records-, and to audit the books, records and accounts pertaining to the financing and development of the Project. Amendment Number: Original SUB-2021-CityofMiam-00300 Page 9 of 33 sca-C65-01 SAFETY 9r20 Project Title: Motorcycle Safety Initiative Overtime Patrol Project mumbermu-2n21*wom FaorContract Number: GImoy 500-D65-01 SAFETY 9PIC � Offsets. If, after subgran completion, any claim ismade bythe Department resulting from anoudturfor work or services performed pursuant tothis Agreement, the Department may offset the amount claimed from payments due for work orservices under any other agreement ithas with the 3ubnedpientif, upon demand, payment ofthe claimed amount ienot made within OOdays mthe Department. Offsetting any amount pursuant tuthis paragraph shall not be considered a breach of contract by the Department, 4. Buy America Act. The Subrecipient agrees to comply and require consultants and contractors to comply with all applicable standards, orders, and regulations issued pursuant to the Buy America Act, Buy America ActWaiver (Docket No. NHTSA-2Q16-OU65)and NHTSAGuidance Buy American Act Procedure for Highway Safety Grant Programs (revised 11 -20-2015) herein incorporated by reference. The Subrecipient shall include the following Buy America provisions inall subcontract awards: The Buy America Act prohibits the use ofFederal highway safety grant funds 0opurchase any manufactured product or yn0wareh n formation technology systems whose unlit purchase price is $5.00Omrmore, including motor vehicles, that is not produced inthe United States. NHTSA may waive those requirements if (1) their application would be inconsistent with the public interest; (2)such materials and products are not produced inthe United States insufficient and reasonably available quantities and of a satisfactory quality� or (3) the inclusion of domestic material will increase the cost ofthe overall project contract bymore than 25percent. Each manufactured end product muo comply with the provisions ofthe Buy America Act. Additionally, any manufactured add -on to an end product is, itself, an end product that must comply with the Act. Tnberelmb rsed with Federal highway safety grant funds for apurchase, oState must comply with the requirements wf the Buy America Act. Non-compliance will result in denial of reimbursement. 5. Clean Air Act and Federal Water Pollution Control Act. Subgnant agreements for amounts |nexcess of $150,O0Omust comply with all applicable standards, orders orregulations issued pursuant tothe Clean Air Act (42 O3.C.74U1-7871q)and the Federal Water Pollution Control Act eaamended (33U.8.C. 1251'13O7).Violations must bw reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). The Subrecipient shall include this provision in all subcontract awards in excess of $150.000l. �Code of Conduct. The SubreciPient has established, and will maintain, awritten code or standard of conduct applicable to its officers, employees, board members or agents, and those individuals' relatives, that prohibits their involvement in the selection, award, or administration of any contract in connection with the Project if they have a present orpotential finwncia|orother significant interest therein and prohibits the acceptance ofany gratuity, favor, or other thing of monetary value from any person interested or involved in the performance of work on the Project. 7. Conferences and Inspection ofWork. Conferences may beheld at the request pfany party to thismubgmnt agreement. Representatives nfthe Department o/the U.S. Department ofTransportation (USD0T).o/both, shall be privileged to visit the site for the purpose of inspection and assessment of work being performed at any time. G. Contract Work Hours and Safety Standards Act. VVhenaapplicable, all subcontracts under this subQnoot agreement in excess of $100,00that involve the employment of mechanics orlaborers must include eprovision for compliance with 40 U�S,C, 3702 and 3704, 2S Supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 37.02 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis mfastandard work week of40hours. Work )nexcess ofthe standard work week iupermissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for 211 hours worked in excess of 40 hours in the work week. The requirements of 40 U. S.C. 3704 are applicable to construction work and provide that nolaborer ormechanic must berequired towork insurroundings orunder working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, Or contracts for transportation or transmission of intelligence. g. Debarment and Suspension. NoSubcontract issued under this subgrant agreement, will bemade to parties listed on the governmentwide Excluded Parties List System in the System for Award Management (SAM), in Amendment Number: Original Project Title: Motorcycle o:fetymuiam, ovsrtimep"tr" Project Numbermu-2m21uo300 FDOT Contract Number; GIS29 accordance with the OMB guidelines o12CFR1BOthat implement Executive Orders 12549(3CFRPart 1988Cump,p. 189)and 12G8Q(3CFRPart iS89Comp,.p. 235)."Debarment and Suupension.^The Excluded Parties List System in SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as weU as parties declared ireliglble under statutory or regulatory authority other than Executive Order 12549. 10. Disadvantaged Business Enterprises (DBE). (a) The Subrecipientagrees to the following assurance: TheGubrecipient shall not discriminate on the basis ofrace, color, national origin, or sex in the award and performance of any USDOT-assisted contract or in the administration of its DBE program required by 49 CFR, Part 26, herein incorporated by reference. The Subrecipient shall take all necessary and reasonable steps under 49 CFR, Part 26 to ensure riond iscrim i nation in the award and administration of USDOT-assisted contracts, Implementation ofthis program ia2 legal obligation and failure Uocarry out its terms shall betreated as Viu1utiunofthiunub0xsatoQreement.UponnnUMcationtothoGubnaoip|entofitohai|unatuomnyoutitoopAroved program, the USDOT may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18U�G.C. 1001 and/or the Program Fraud Civil Remedies Act o[198G(@1 U.S.C.38U1etsoq.).herein incorporated byreference. (b) The 8ubreoipientagrees toinclude the following assurance ineach contract with aconsultant orcontractor and to require the consultant or contractor to include this assurance in all subcontract agreements: The consultant or contractor and eubconsultantorsubcontractor shall not discriminate onthe basis of race, color, national origin, or sex in the performance of this contract. The consultant or contractor shall carry cut applicable requirements uf4QCFR.Part 26inthe award and administration ofUSDUT-eaaistedconbacts. Failure by the consultant or contractor to 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 Subreciplent or the Department deems appropriate, 11. Equal Employment Opportunity. Naperson shall, onthe grounds ofrace, color, religion, sex, handicap, or national ohgim, be excluded from participation in, berefused the benefits of, or be otherwise subjected to discrimination under this Agreement, or any project, program, or activity that receives or benefits from this Agreement. The Subreciplent agrees tocomply with Executive Order <E.Oj 1124O.aaamended byE�O, 11375.and mesupplemented hy41 CFR^pmrt 6O,herein incorporated byreference. The Equal Opportunity Clause contained |n41 CFRsection 6O'1.4inincluded )n this Agreement byrefensnue, |nconnection with the carrying out ofthe Project, the Subrecipient shall not discriminate against any employee ur applicant for employment because of race, age, creed, color, sex or national orlgin and will comply with all Federal statutes and implementing regulations relating tonood|wohmination. The Gubvacipientwill take affirmative action +u ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, oo)nc sex, urnational origin. Such action shall |no|ude, but not be limited to, the following: Employment upgrading, demotion, urtransfer; recruitment orrecruitment edvertieing� layoff m0enninotion�rates ofpay nrother forms of compensation; and selection for training, including apprenticeship, The Subrecipient shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts inconnection with the development or operation of the Project, except contracts for standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the Project involves installation, oonatmctimn, damo|itinn, removal, site improvement, orsimilar work, the Subrecipient shall post, in conspicuous places available to employees and applicants for employment for Project work, notices 12. NoFederal Obligation, This agreement is financed byfederal funds. Huwev*r, payments tothe eubmopientwill bmmade bythe Department. The United States isnot oparty tothis Agreement and nmreference inthis Agreement, to the United States, USDOT, NHTSA, OF any representatives of the federal government makes the United States a party Amendment Number: Original SU8'2021-CityoMMiam-80300 PaQe11 uraa 500-C65-m SAFETY 912U projwmnmo Motorcycle Safety Initiative Overtime Patrol Project Number:m�021-00300 FDOT Contract Number: GIIS29 to this Agreement. 13. Nondiscrimination, Subrecipients will comply with all Federal statutes and implementing regulations relating to nondiscrimination ("Federal Nondiscrimination Authorities"). These include, but are not limited W (a) Title \8ofthe Civil Rights Act u[1964(42U.S.C.2OUOdat»*o.7Outat252.(prohibits discrimination unthe basis ofrace, color, national origin) and 4gCFRpart 21 (b) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,(42U�S.C.4001). (prohibits unfair treatment of persons displaced or whose property has been acqUired because of Federal or Federal -aid programs and projects) (o) Federal -Aid Highway Act of1973.(23U.S.0 324o{seq.}. and Title |Xofthe Education Amendments mf1A72. mmamended (20O.S.0 1681-188,3 and Y685'1O88)(prohibit discrimination onthe basis ofsex) (d) Section 5O4ofthe Rehabilitation Act of1S78.(29U&C.784ntueq.).aaamended, (prohibits discrimination on the basis ofdisability) and 4gCFRpart 27 (e) The Age Discrimination Act of1975^aoamended, (42UBC,G101 etmeq.).(prohibits discrimination onthe basis mfage) (f) The Civil Rights Restoration Act of1B87.(Pub. L.10O-2O9.(broadens acope coverage and applicability ofTitle \0ufthe Civil Rights Act of1BO4,The Age Discrimination Act of1Q75and Section 584*fthe 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, Subrecipient's and contractors, whether such programs or activities are Federally -funded ornot) (g) Titles Dand III ofthe Americans with Disabilities Act (42U.G.O.12131-12189) (prohibits discrimination omthe basis ofdisability |nthe operation ofpublic entities, public and private transportation systems, places ofpublic; accommodation, and certain test�ng)and 4SCFRparts 37and 3B (h) Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations (prevents discrimination against minority populations by discouraging programs, pclicies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations) 0 Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title V1national origin disohmi nation Id ischminadnobecause oflimited Englishproficiency (LEP)by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (7OFIR 74O87-741UO) 0 Nondiscrimination Clause. During the performance ofthis aub,gmnt,the Subrecpien agrees: (a)To comply with all Federal nondiscrimination laws and regulations, asmay 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 bythe FDDTState Safety Office, U8DQTnrNHTSA Amendment Number: Original SUB-2021'CityofMimm40300 Page 12ufnn w0-065-01 SAFErY mm Project TitleMotorcycle Safety Initiative Overtime Patrol Project mumue,Mc-2o1-0u30u poorContract Number; Glezy 500-065-01 SAFETY 9/20 (d) That, inevent oGubre6pient fails to comply with any nmndiscriminatlonprovisions in th|usubgrant, the FDOTState Safety Office will have the right to impose such subgrantsanctions emitmNHTSA determine are appropriate, including but not limited to withholding payments to the Subrecipient under the contract/agreement until the 8ubmu[pieo: complies-, and/or cancelling, tanninabn0, Or suspending u contract orfunding agreement, |mwhole orinpart. (e) To insert this clause, including paragraphs (a) through (e), in every subcontract and oub-agreeMentand inevery solicitation for asubcontract oraub+ageement.which receives Federal funds under this program 14. Ownership ofData and Creative Material. The ownership u(material, discoveries, inventions and results developed, produced, ordiscovered bythis mubgmo agreement are governed bythe terms mf2CFR. Seotion2O0.81S. Intangible Pmpehy, herein incorporated byreference. 15. Political Activity. The GubrecipiertwdUcomply with: provisions ofthe Hatch Act (5U.SC, 1501-1508).which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 16. Property Accountability, The Subrecipient shall establish and admlnister a system to control, protect, preserve, use, and maintain and dispose ofany property furnished bythe Department, orpurchased pursuant bo thisaubgnsnt agreement inaccordance with Federal Property Management Standards eeset forth im49CFR.Section 18,32.48CFR 19, Section 19.34, or 2 CFR, 200.33, herein incorporated by reference. This obligation continues as long as the property is retained by the Subrecipient notwithstanding the ending of this subgrant agreement. 17. Restrictions mnLobbying. The Subrecipient agrees to comply and require consultants and contractors to comply with 49 CFR, Part 20, New Restrictions on Lobbying, herein incorporated by reference, for filing of certification and disclosure forms. (a) Certification Regarding Federal Lobbying. The Oubredpientcertifies, tothe best ofhis prher knowledge and belief, that: NoFederal appropriated funds have been paid orwill be paid, bynronbehalf ofthe undersigned, toany person for/nfluemclng or attempting toinfluence anoffimroremployee of any agency, oMember of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awardlng 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. J.|fany funds other than Federaf appropriated funds have been paid or will be paid to any person for influencing orattempting toinfluence onofficer o/employee ofany agency, a Member ofCongress, en officer oremployee ofCongress, u,anemployee ufa Member ofCongress inconnection with this Federal contract, grant, Yoan, orcooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions, |U. The Subrecipient shall require that the language of this certification be included in the award documents for all sub -award at ad tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly. iv. This certification isamaterial representation offact upon which re�iace was placed when this transaction was made urentered into. Submission ofthis certification ioeprerequisite for making or entering fritothis transaction imposed bysection 1352.title 31.U.8. Code. Any person who fails tah�e the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $1OO.UUQfor each such failure. Amendment Number: o,iginar Project Title: Motorcycle safety Initiative Overtime Patrol Project Number: Mc-2021-00300 poorContract mumu^r�u1a2s (b) Restriction on State Lobbying. None of the funds under this program will be used for any acfivity 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, ^gmeapoots'')lobbying activities, with one exception. This does not preclude mState official whose salary ia supported with NHTSA funds from engaging in direct communlcations 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 ofaspecific pending legislative proposal, (c) Restriction ofUse for Federal Civilian and Military Employees. Gubgoant funding |mnot allowable for the cost oftraining federal dvi|ianandmi|itoryemployeeo Indian Nations may besupported with written approval from the FDOT Traffic Safety Administrator and NHTSA. 18. Termination and SUSpension, (a) Generally. If: @ the Subrecipient abandons or, before the end of the state fiscal year for which financial assistance for the Project is provided under this Agreement , finally discontinues the Project; (ii) the Subrecipient fails to comply with applicable law or the terms of this Agreement; or (iii) for any other reason, the commencement, prosecution, or timely completion of the Project by the Subrecipient is rendered improbable, infeasible, impossible, or illegal, the Department may, by written notice to the Subreclpie,nt, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligatlons under this Agreement. Termination ofthis Agreement shall bagoverned bythe provisions of2CFRPart 200. (h) Actions Upon Termination cxSuspension. Upon receipt ofany final termination orsuspension notice from the Department, the Subreciplentshall proceed promptly to carry out the actions required insuch notice, which may include any or all of the followlng: (1) necessary action to terminate or suspend, as the case may be, Project activities and contracts and such other action aamay berequired ordesirable tokeep tuthe minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the Project activities and contracts, and other undertakings the cost of which are otherwise includable as Project costs; and, (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Submdp|en1to furnish the schedule, p|an, and budget within a reasonable time. The approval of a remittance by the Subrecipient shall not constitute a waiver of any claim which the Department may otherwise have arising out ofthis Agreement. 19. Human Trafficking. The Gubrecpen1shall include eprovision ineach contract it enters into with eprivate entity |n connection with the Project bywh�chthe 8ubmcipient'econtractor agrees that itand its employees that perform any work onthe Project shall not, during the term of this Agreement, engage in trafficking in persons, procure a commercial sex act, uruse forced labor inthe performance ofwork onthe Project. 20, Unauthorized Aliens. The Department shall consider the employment bythe Subrecipientnfunauthorized aliens a violation ofSection 274Aofthe Immigration and Nationality Act. Ufthe 8ubpeoip[ont knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement. 21. Title VII - Civil Rights Act Of 1964. Execution of this Agreement constitutes a certification that the Subrecipient will comply with all the requirements imposed by Title V11 of the Civil Rights Act of 1964 (42 U.S.G, 198 1.oi»eqlwhich among other things, prohibits discrimination in employment on the basis of race, color, national origin, creed, sex, and age. 22.Americans with Disabilities Act of1990 (ADA). Execution of this Agreement constitutes acertification that the Subrecipient will comply with all the requirements imposed by the ADA (42 U.S.0 121O1./t*oqj.the regulations ofthe federal government issued thereunder, and the assurance by the Subrecipient pursuant thereto. Amendment Number Original SUB-2021-Cbyu#Mianm-08300 Page 14ofoo 500-C)65-w SAFETY Wo Project rxle�Motorcycle safety Initiative o,mrtimeputru Project Number: so-2021-0n30n pooTContract Number: Glocs 23. Integrity Certification. Bysigning this Subgmn1Agreement, the Subrenpien certifies that neither Knor its contractors are presently debarred, suspended, proposed for debarment, dedared ineligible, or voluntarily excluded from participating inthis Agreement byany federal department oragency, This certification iaamaterial representation uf fact upon which the Department iarelying inentering this Agreement. |f itiulater determined that the Subreoipient 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. The Subrecipient shall provide to the Department �mmediate written notice if at any time the Oubraoipientlearns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 24. Federal Encouragements. (a) Vehicle Pursuits. Pursuant to 23 U.&C, 4026), all law enforcement agencies are encouraged to follow the guide[nes stablished for vehicular pursuits issued by the International Association of Chiefs of Police that are currently |neffect. (b) Policy mnSeat Belt Use. In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, subrecipient5 are encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company -owned, rented, or persona Hy -owned vehicles. (c) Policy onBanning Text Messaging While Driving. |naccordance with Executive Order 13513'Federal Leadership DnReducing Text Messaging While Driving, and DOT Order 39O21O.Text Messaging While Driving, aubnadpientsare encouraged to: i Adopt and enforce workplace safety policies to decrease crashes caused bydistracted driving, including policies toban text messaging while driving company -owned orrented vehicles, Government -owned, leased or rented vehicles, or privately -owned vehides when on official business or when performing any work on behalf of the subrecipient agency and/or the Government, i�. Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment mfnew rules and programs orre-eve|uationofexisting programs toprohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with textlngand driving. iii. Insert the substance ofthis section, including this sentence, in all eub-agreement/uuboomtrmctmfunded with the aubawordprovided under this Agreement that are $15.00Oo/more. 25. Reversion ofUnexpended Oobgrant Funds. All funds granted bythe Department Linder this Agreement that have not been expended during the term ofthis Agreement shall revert tothe Department. STATE REGULATIONS 26. CompKiancewith State Procurement nfPersonal Property and Services Laws. The 8ubrecipientagrees to comply with all applicable provisions mfChapter 2D7. Florida Statutes (F.8l The following provisions are stated in this oubgnantagreement pursuant tnsections 2B7.133<20(m)and 287J34(2)(a)^ K& (a) Section %07133(2)(a).F.S. A person or affiHato who has been placed on the convicted vendor list following a conviction for a public entity crime 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 contract with 2 public entity for the construction or repair of a public building or public work-, may not submit 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 entity; and may not transact business with any public entity in excess of the threshold amount provided in section 287.017 for CATEGORY TWO for a period of 36 months ho8|owinQthe date ofbeing placed onthe convicted vendor list. Am""omootmumyecouo/ma/ 8UB-2O21'CityofNiam'003OO Page 15uf3a 500-065-m SAFETY ~m Project Title: Motorcycle Safety Initiative Overtime Patrol Project Number; MC-2021-00300 FooTContract Number: Gm2e (b)Section ��13,4(2)(a),�S.Anentity oraffiliate who has been placed onthe 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 or a contract with a public entity for the construction or repair of a public building orpubDowmrk�meynotaubm|tbidx.ppopopm|o.orn*p|ieoon|eaa*sofneo|pmpertytoupuh|inentity:maynot be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public en|ity�and may not transact business with any public entity. (c) The convicted vendor list and discriminatory vendor list can befound on the Florida Department of Management 27. Compliance with State Public Records Laws, The Subrecipient agrees tocomply with all provisions provided |n Chapter 118F.S,|f the Subrecipient receives apublic records request concerning its work undertaken pursuant Lothis Department subgrant agreement, the Subrecipient must take appropriate action as required by Chapter 119.F.B. If the Subreciplent is unable to ascertain how best to comply with its obligations, it should seek the advice of counsel and/or FDOTState Safety Office, The Department shall unilaterally cancel thissubgrant agreement if the Subnecipient refuses to allow public access to all documents, papers, letters, orother material subject to the provisions of Chapter 119, F.S., and made or received by the 8ubnsoipientinconjunction with this oubgnantagreement, 28.Cooperation with Inspector General. It isthe duty ofevery Subreoipienttncooperate with the inspector general in any investigation, audit, inspection, review, or hearing pursuant to this subgrant agreement. Section 20 055(5), F.S. The Subrecipient agrees to comply with Section 20.055(5), F.S., and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), F.S, (o) Shall utilize the U,SDepartment ofHomeland Security's E4erifysystem toverify the employment eligibility cf all new employees hired by the Vendor/Contractor during the term of the contract; and (b) Shall expressly require any subcontractors performing work orproviding services pursuant tothe state contract 0nlikewise utilize the U.S. Department of Homeland Security's E-Vorify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 30. Indemnification and Insurance. $4Indemnification. Tothe extent permitted bylaw and anlimited by and pursuant tothe provisions of Section 788.28. Florida Statutea, the 8ubreopientshall indemnify and hold harmless the Department, including the Department's offinemand employees, from Uebi|i1iem.damages, losses, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Subrecipient and persons employed or utilized by the Subreciplent in the performance of this Agreement. This indemnification shall survive the termination of this Agreement.Nothing contained in this paragraph is intended to nor mheU it constitute a waiver of the State of Florida and the 8ubmuip|ent'o sovereign immunity, (b) Suhmci»ieruContracts, 8ubrecipien agrees tuinclude the following indemnification clause >nall contracts with contractors, subcontractors, consultants, or subconsultants who perform work in connection with this Agreement (modified to appropriately identify the parties): "To the fullest extent permitted by law, the Subrecipient's contractor/consultant shall indemnify and hold harmless the Bubr cipientondtheDtateofF|whda. Department ofTransportation, includ|nQthe Department's officers and employees, from liabflities, damages, losses and costs, inclucl|ng, but not limited to, reasonable ettomey's fees, tothe extent caused bythe negligence, recklessness mrintentional wrongful miaoonduutofthe Amondmen w"m�°cono/oy SUB-2021-C�Pa ge ge1suf33 m0-C65-01 SAFETY am Project Title: Motorcycle safety Initiative Overtime Patrol Project Number: MC-2021-00300 FDOT Contract Number: G1 S29 contractor/consultant and persons employed or utilized by the contra cto r/cons ulte nt in the performance of this Agreement. This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Subrecipient's sovereign immunity (c) Workers' Compensation. The Subrecipient shall provide Workers' Compensation Insurance in accordance with Florida's Workers' Compensation law for all employees. If contracting for any of the work, the Subrecipient shall ensure that its contractors have Workers' Compensation Insurance for their employees in accordance with Florida's Workers' Compensation law, If using "leased employees" or employees obtained through professional employer organizations ("PEO's"), the Subrecipient shall ensure that such employees are covered by Workers' Compensation insurance through the PEO's or other leasing entities. Ensure that any equipment rental agreements that include operators or other personnel who are employees of independent contractors, sole proprietorships or partners are covered by insurance required under Florida's Workers' Compensation law, 31. Reimbursement Obligation. The State of Florida's performance and obligation to reimburse the Subrecipient shall be subject to the availability of Federal highway safety funds and an annual appropriation by the Legislature. 32. Responsibility for Claims and Liability. Subject to the limitations of Section 768,28, F.S., the Subrecipient shall be required to defend, hold harmless and indemnify the Department, NHTSA, FHVVA, and USDOT, from all claims and liability, or both, due to negligence, recklessness, or intentional wrongful misconduct of Subrecipient, and its contractor, consultant, agents and employees, The Subrecipient shall be liable for any loss of, or damage to, any material purchased or developed under this subgrant agreement which is caused by the SubrecipienVs, failure to exercise such care in regard to said material as a reasonable careful owner of similar materials would exercise. The par -Les executing this subgrant agreement specifically agree that no provision in this subgrant agreement is intended to create in the public or any member thereof, a third -party beneficiary, or to authorize anyone not a party to this subgrant agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this subgrant agreement. 33. Restrictions on Lobbying. No funds subgranted hereunder shall be used for the purpose of lobbying the legislature, judicial branch, or state agencies, per Section 216.347, F.S. 34. Retention of Records. The Subrecipient shall retain sufficient records demonstrating its compliance with the terms of this subgrant agreement for a period of five years from the date the audit report is issued, and shall allow the Department, or its designee, the state CFO, orAG access to such records, which are not protected by State law, upon request. The Subrecipient shall ensure that the independent audit working papers are made available to the Department, or its designee, the state CFO, or AG 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, 35. Tangible Property. Property purchased under this subcontract does not qualify as Tangible Personal Property as defined by Chapter 273, F.S. Amendment Number: Original SUB-2021 -CityofMiam-00300 Page 17 of 33 500-065-01 SAFETY 9M Project Title: Motorcycle Safety initiative Overtime Patrol Project Number: MC-2021-00300 FDOT Contract Number: G4S29 MISCELLANEOUS PROVISIONS 36. Prohibited Interests. The Subrecipient shall not enter into a contract or arrangement in connection with the Project or any property included or planned to be included in the Project, with any officer, director or employee of the Subrecipient, or any business entity of which the officer, director or employee or the officer's, director's or employee's spouse or child is an officer, partner, director, or proprietor or in which such officer, director or employee or the officer's, director's or employee's spouse or child, or any combination of them, has a material interest. i. "Material Interest" means direct or indirect ownership of more than 5% of the total assets or capital stock of any business entity, ii. The Subrecipient shall not enter into any contract or arrangement in connection with the Project or any property included or planned to be included in the Project, with any person or entity who was represented before the Subrecipient by any person who at any time during the immediately preceding two (2) years was an officer, director or employee of the Subrecipient. iii. The provisions of this subsection shall not be applicable to any agreement between the Subrecipient and its fiscal depositories, any agreement for utility services the rates for which are fixed or controlled by the government, or any agreement between the Subrecipient and an agency of state government. 37. Interest of Members of, or Delegates to, Congress or Legislature. No member or delegate to the Congress of the United States, or the State of Florida legislature, shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 38. Department Not Obligated to Third Parties. The Department shall not be obligated or liable under this Agreement to any party other than the Subrecipient. It is specifically agreed between the Parties executing this Agreement that it is not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof , a third party beneficiary under this Agreement, or to 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. 39. Relationship of Parties. The Subrecipient, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement. 40. When Rights and Remedies Not Waived. In no event shall the making by the Department of any payment to the Subrecipient constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Subrecipient, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 41. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, 42. Sovereign Immunity. Nothing in this Agreement shall constitute a waiver by either party of its sovereign immunity for any damages claimed by third parties. 43. Bonus or Commission. By execution of the Agreement the Subrecipient represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. Amendment Number: Original SUB-2021-CityofMiam-00300 Page 18 of 33 500-055-01 SAFETY 9120 Project Title: Motorcycle Safety InWativOvertime Patrol Project Number: Mo-2021-00300 Fomrcontract Number: Gmzo mU-065-01 SAFETY 59'20 44. Notices. Any notice, demand, or request which is required Vzbegiven under this Agreement inwriting Shall be delivered to the following addres& Florida Department ofTransportation &Mn:Tmffic Safety Administrator State Safety Office, M8G3 6O5Suwannee Street Tallahassee, Florida 32399-0450 45. Agreement Format. All words used in this Agreement in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and |odmdm the singular, All words used in any gender shall extend to and include all genders. 46. JURY TRIAL WAIVER. The 8ubreoipien1and the Department hereby irrevocably and unconditionally waive trial by jury inany legal action orproceeding relating to this agreement and for any counterclaim therein, 47. Execution ofAgreement. This Agreement maybe sirnultaneously executed in a minimum of two counterparts, each of which so executed shail be deemed to be an original, and such counterparts together shall constltute one in the same instrument. 48. Agreement not Assignable. The Subrecipient may not assign any of its �ghts or obligations under this Agreement. GRANT MANAGEMENT 49. Amendments. The Subreup|en*shall obtain prior written approval from the FDDTState Safety Office for changes to thiaaubgrant agreement, Amendments to thioaubgrant agreernontwill be approved if the modification(s) to bemade will achieve or improve upon the outcome of this subgrant agreement's scope of work, or where factors beyond the control of the Subrecipient require the change, Requested amendments to this subgrant agreement shall be in the form of a written request signed bythe one ofthe original signatories nf this subgnantagreement. Specific de|egodon(e)for amendments must be provided in writing from the original signatory of the Subrecipient. 50. Disputes and Appeals. Any dispute, disagreement, or question of fact ahsing under this subgraniagreement may baaddressed huthe Traffic Safety Administrator nfthe FDDTState Safety Office inwriting. The Traffic Safety Administrator's decision may beappealed |nwriting within 30calendar days from the notification tnthe Governor's Highway Safety Representative, whose decision is final. Addresses are: Florida Department of Transportation Florida Department ofTr neportutlon Attn: Traffic Safety Administrator Attn: Governor's Highway Safety Representative State Safety Office, MS5J State Safety Office, K8S53 605Suwannee Street 6O5Suwannee Street TmUehaooae, F|orida32399-Q45O TaUahnoaee, Florida 32589'0450 The Subrecipienshall proceed diligently with the pe�rformsmceofthis aubqrantagreement and inaccordance with Department'sdecisionh0. 51. Equipment. Any equipment purchased under this oubgrmntagreement with highway safety funds shall not replace previously purchased equipment that isdamaged, stolen, lost, or that wears out as 2uesult ofmisuse, whether the equipment was purchased with federal, state, or local funds. (a) Use ofEquipment. Ali equipment shall beused for the nhg�nallyauthorized aubgrantagreement purpuse(s) for as long as needed for those purposes. Subrecipients must maintain an inventory control system that has Amendment Number: Original Project Title: Motorcycle Safety Initiative Overtime Patrol Project Number: mG-2m-00om FOOT Contract Number: oIaey adequate aafeAumrdsinplace toprevent loss, damage, ortheft� (4 Equipment Costing $5,Ouuormore. Equipment with auseful life ofmore than one year and anacquisition cost of $5,000 or more per unit shall be subject to the follow�ng requirements: i Purchases aha|receive prior written approval from the FDUTSafety Office . ii. Biannual cerflfication of appropriate use and condition of equipment shall beprovided tothe FD0Safety Office, - ik Dispositions must bsrequested and shall receive prior written approval fromtheFOOTSafetyOffioa, (c) Disposition ofEquipment Costing $5,QD8ormore. |nthe event the equipment isnolonger needed for the originally authorized subgrant agreement purpcse(s) or has reached the end of its useful life, Subrecipients should use the Equipment Disposition Request Form 500-065-026 to coordinate with the FDOT State Safety Office to obtain required approvals to dispose of the equipment of or transfer the equipment to another agency for use, (d:) Disposition ofEquipment Costing Less than $5,O00. Equipment that does not meet the unit purchase price threshold of $5,000 should be disposed of in accordance with the agencies own procurementand disposition policies. Documentation ofthis disposition should be noted in the Subecipiant files. $0 Equipment Replacement orRepair. The Subrecipient is responsible, ottheir own cost, for replacing or repairing any equipment purchased with Federal highway safety funds that isdamaged, stolen, orlost, mrthat wears out as a result of misuse. The FDOT State Safety Office retains the right to replace or repair any equipment for statewide programs based onexceptional individual circumstances. (M Equipment Repossession. Ownership ofall equipment purchased with Federal hghwaysafety funds rests with the 8ubrecip|enthowever, the USDUTmaintains aninterest iuthe equipment and title vests inthe Subrecipient subject to several conditions and obligations under 2 CFR Section 200.313. The Subrecipient must use the equipment for the authorized purposes of the project, whether or not the project continues to be supported by the Federal award, unless the FDOT State Safety Office, on behalf of USDOT, provides written authorization for another use of the equipment that is permissible under 2 CFR Section 200.313. Any equipment purchased with Federal highway safety funds that is not being used by the Subrecipient for the purposes described in the project or in accordance with other authorized uses under 2 CFR Section 200,313, is subject to repossession by the FDOT State Safety Office, on behalf of the USDOT. Items that are repossessed shall be disbursed to agencies that agree to use the equipment for the activity described in this project or for other uses authorized byD8DDT. 52. Expense Purchases for $200mmore: Any purchase with a per item unit cost of $20Cmmore from any line item within the Expense Category, excluding software, must have FDOTState Safety Office written approval, prior to 53. Excusable Delays. Except with respect to the defaults of Subrecipient's consultants and contractors which shall beattributed hothe Subecipientthe 8ubreupien shall not beindefault byreason ofany failure inperformance ofthis subgrant agreement in accordance with its terms if such failure arises out of causes beyond the control and without the fault or negligence of the Subrecipient. Such causes are acts of God or of the public enemy, 2Cts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the failure to perform must be beyond the control and without the fault ornegligence ofthe Smbrecipien1 If the failure to perform is caused by the failure of the Subrecipient's consultant or contractor to perform or make progress, and if such failure arises out of causes beyond the control of the Subrecipient and its consultant or contractor, and without the fault or negligence of any of them, the Subrecipient shall not be de�med to be in default, unless (1) the supplies or services to be furnished by the consultant or contractor were Amendment Number: orjg�nal SUB-2O21'ChyofMiam-0O500 Page omn/3x 500-wm mm p^Noct Title: Motorcycle Safety Initiative Overtime Patrol Project Number: Mo-2uo-0n30m MOT Contract Number: o1oun wD-065-Cl SAFETY 9�20 obtainable from other sources, (2) the FDOT State Safety Office shall have ordered the Subrecipient|nwriting to procure such supplies or services from other sources, and (3) the Subrecipient shall have failed to comply reasonably with such Upon request of the Subrecipient, the FDOT State Safety Office shall ascertain the facts and extentnfsuch failure and, ifhshalt bedetermined that any failure to perform was occasioned byany one urmore ofthe said causes, the delivery schedule shall be revised accordingly. If the SubreupienCisunable tnfulfi||the activities stated inthe Proposed Solution n/Project Objectives inthis agreement (Part Xi:PROJECT PLAN AND SUPPORTING DATA) due 10the CO0D-lSpandemic,the Gubrec#en1must contact the FDOT State Safety Office immediately to discuss potential amendments and /or alternate plans, 54. How this Gubgrao Agreement k,Affected byProvisions Being Held Invalid. ]fany provision cfthis aubQrant agreement is held invalid, the remainder of this subgrant agreement shall not be affected,|nsuch aninstance, the remainder would then continue to conform to the terms and requirements of applicable law. TheSubredpient acknowledges that federal grant requirements are subject to change and agrees that the most recent requirements shall govern its obligations under this Agreement atall times. 55. Ineligibility for Future Funding. The Subrecip�nt agrees that the Department shall findthe 8ubreoipimnt ineligible for future funding for any of the foflowing reasons� (a) Failure toprovide the required audits (h) Fai>ure to continue funding positions created with highway safety funds after the Federal funding cycle ends (c) Failure tnprovide required performance and final narrative reports inthe required time frame (d) Failure toperform work described inPart ]|ofthis sobgrantagreement (e) Failure to provide reimbursement requests and performance reports in a timely manner (0 Providing fraudulent performance reports orreimbursement requests (Q) Mie000 of equipment purchased with Federal highway safety funds 56.Performance, hthe event of default, noncompliance, or violation of any provision of thiseubgrant agreement by the Oubrouipientthe OubreopieofoconnuUant(n) orcontreCtmr(S) and euppRer(s)'the Subrenpien agrees that the Department will impose sanctions. Such Sanctions include withholding of reimbursements, retainage, cancellation, termination, or suspension of this subgrant agreement in whole or in part. In such an event, the Department shall notify the Subrecipient of such decision 30 days in advance of the effective date of such sanction, The sanctions imposed by the Department will be based upon the severity of the violation, the ability to remedy, and the effect onthe project, The Subrecipient shall be paid only for those services Satisfactorily performed prior to the effective date of such sanction 57. Personnel Hired mPaid Under this SubgmntAQneement. (a) Project Director. Persons hddinAthe position nfProject Director for this uubgrantagreement shall not receive reimbursement for personnel hours nor receive any other benefit under this subgrant agreement, (b) Employer Responsibility. Any and all employees of the Subrecipient whose positions are funded, in whole or in part through this subgranagreement, shall b*the employee ofthe Subrecip|entonly, and any and all claims that may arise from said employment relationship shall be the solo obligation and responsibility nfthe Subrecipient. Personnel hours will only be reimbursed based on actual hours worked on this subgrant agreement. Noother allocation method ieallowable for reimbursement. Amendment Number: Original Project Title �Motorcycle Safety Initiative Overtime Patrol Project wombermc�021-0omo poarContract momcmcmIozm (c) Overtime. Overtime Hours. 8ubgrant funds cannot beused tosupplant standard activity hours therefore, only hours qualifying oa^uvartime.per the Gubmuipient policies will beeligible for reimbursement bythis subgrant agreement. In the event a Subrecipient is awarded more than one subgrant agreement within a federal fiscal year, overtime hours for each traffic safety effort must be tracked, reported, and billed based on hours worked for each subgrant agreement type. iiOvertime Rate. Overtime hours are intended for enhanced/ increased traffic safety activities. The overtime pay rate for personnel isbased omactual cost per employee in accordance with the Subrecipient's payroll policy, Each Subrecipient shall comply with Fair Labor Standards Act (FLSA) requirements and thresholds for overtime accrual and payment and its own policies and procedures, insofar as those policies apply uniformly to both federally -financed and other activities of the Subreciplent, as required by 2 CFR 200.403(c). Additional hours may be called overtime, off duty, extra, additional, etc., as long as it enhances/increases traffic safety activities, A copy of the policy shall be maintained by the Subrecipient and made available for review if requested, (d) Additional Requirements for Law Enforcement Agencies, Created Poeition(s)Reporting and Maintenance Requirement. Suhnaoipients receiving first year funding for a newly created full-time position(s) through a subgrant agreement shall provide written notifivat|ontothe FDOTState Safety Office within 38days ofthis mubQnantagreement being awarded that a new position(s) has been created in the agency as a result of this subgrant agreement being awarded. Positions created with subgrant funding Shall continue to be funded by the Subrecipient after federal funding ends mbeeligible for future eubgrsntfunding. 58. Reports. The following reports are required for reimbursement of subgrant funding: (a) Performance Reports. (FDOTForm No. 500-065-19).Aperformance report shall beprovided with each request for financial reimbursement, providing the status of the subgrant minimum performance standards, as described inPart |Vofthis oobgmntagreement. (b) Final Narrative Report. (FDOTForm No. 500-0G5-20.AFinal Narrative Report giving echronological history of the subgrantactivities, problems encountered, major accomplishments, and 0HT8ARequired Activity Reporting shall be submitted by October 31. Requests for reimbursement will not be processed and will be returned to the Submcipientauunpaid ifthe required reports are not provided, following notification. (c) Enforcement Activity Reports. Enforcement Activity RepoTt(s) for each type of enforcement shall beprovided with each request for financial reimbursement for overtime worked. Agency specific zctivfty reports may beused, |fthose reports include all information detailed ineach FDDTActivdyForm. (d) Other Reports. The FDOTState Safety Dfficereserves the right torequire other reports not specified above .aa necessary, for uubgronAagreement monitoring. 59. Term ofthis Suh0motAVrem,unt Each subgrant agreement shall begin unthe date the last party signs this euUQrantagreement and shall end onSeptember 3O. unless otherwise stipulated bythe FDOTState Safety Office om the first page of this respective subgrant agreement. In the event this subgrant agreement is for services in excess of $25.0OU,UUand oterm for operiod ofmore than 1year, the provisions ofSection 33S.135(8)(o).KG..are hereby i000rpouate& "The Department, during any fiscal year, shall not expend money, incur any liability, urenter into any contract which, byits terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require @ statement from the Comptroller Am*oum*mNumber: Original SUB-2021-CityofMium-00300 Page cuuf3o 500-065-m SAFETY 9/o Project Title: Motorcycle Safety Initiative Overtime Patrol Project wumbezmo-2o21-0o30u pourContract Number: om2* Soo-065-m SAFETY 9120 cJthe Department that such funds are available prior toentering into any such contract orother binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiaua|years; and this paragraph shall bmincorporated verbatim inall contracts ofthe Department which are for anamount |nexcess of$25.00O.0Vand which have aterm for eperiod ofmore than 1yamr.^ 60. Travel. $$ Required Forms. Travel costs for approved travel shall besubmitted onthe FODTContractor Travel Form (FDOTForm No. 300-000-06) or other approved Florida Departmert of Financial Services form ard will be reimbursed |maccordance with Section 112.061. F.S.and the most current version ofthe Disbursement Handbook for Employees andManagern. (b) Authorization and Restriction, All travel authorized under this subgrant shall be subject to any additional authorization requirements orrestrictions imposed by: thaGovemor'sExeouUxeQrdaroroMhe*gmidanca-any requirements or forms for travel cost reimbursement imposed by the Subrecipient that do not violate FDOT travel cost reimbursement requirements; and/or FODTduring the aubgnantperiod, M Prerequisite Approvals. Travel meeting any of the following criteria shall require ewritten request for approval from the FDOT State Safety Office prior tothe incurring of actual travel costs. Requests houWinclude sufficient justification toprove that the travel will have significant benefits to the outcome of the subgrant activities and is within the travel budget of the project and relevant to the project: i Purchase of Air fare U. Travel toconference 0. Travel which includes aregistration fee iv. Out-of-subgrant-specifiedwork area travel v. Out-of-state travel Failure toreceive prior written approval will deem the entire travel cost ineligible for payment, regardless mf available funding in travel budget. (d) Lodging Reimbursement Limit. The FDOT State Safety Office shall not pay for overnight lodging/hotel room rates that exceed $175.00per night (before taxes and fees). ASubnacipien and/or traveler will berequired m expend his orher own funds for paying the overnight lodging/hotel room rate in excess of$176.ODplus the applicable percentage offees (other than fiat feea).|fmultiple travelers share aroom and the individual cost of the lodging/hotel exceeds the $175 per night limit, the Subrecipient and/or travelers will be required to expend his or her own funds for paying the excess amount, If another entity is covering the cost of the overnight lodging/hotel then this paragraph does not apply. (e)Lodging for Subgrant Funded Statewide Coalition Meetings and Conferences, Lodging contracts may befunded tnaccommodate attendance of subgrart funded Statewide coalition meetings, conferenoma, and programs. If lodging a lodging contract is executed to cover lodging cost, all travelers shall be expected to use the contract, and any attendees choosing alternate lodging accommodations based on preference, shall do so etdh*irmmnoutofpooket000ts.Coettortheuo|odAiogoontnactsvvi[[bemwiewedandappmvedforpnoQusm appropriateness and costs savings to the State, as determined and approved by the FDOT State Safety Office. 0. Vehicles. Any Bubreciplent receiving subgrant funds to purchase ovehicle (excluding law enforcement vehicles) shall maintain etravel log that contains the beginning and ending mile2gO, location, and purpose of travel.All agencies must report any vehicle use (excluding law enforcement vehicles) and maintenance with each request for reimbursement using the Safety Grant Vehicle Use Form (FDOT Form No. 5O0-Q65-21)and the Safety Grant Equipment Maintenance Fvmn (FDOTFonn No. 500-085-22). Amendment wu**er:orig/maf Project Title: Motorcycle Safety Initiative Overtime Patrol Project Number: MC-2021.00300 FDOT Contract Number: GIS29 Vehicles purchased with federal highway safety funds shall be used for program use only and in accordance with Rule 6013-1.004 F.A.C. Subrecipients who are responsible for the operation and use vehicles for official state business are allowed to permit persons other than state officials or employees to travel in the vehicle provided these persons are conducting official state business or only on special occasions if the purpose of the travel can be more usefully served by including such persons and no additional expense is involved. It is permissible to transport persons other than state officials and employees during disasters and emergency situations where the state must protect life and property. Providing assistance to motorists whose vehicles are disabled may be considered as an emergency when there is a need to protect life and property. Any vehicles used for personal reasons or not being used by the Subrecipient for the purposes described in this subgrant agreement shall be Subject to repossession by the FDOT State Safety Office. FINANCIALIFISCAL 62. Allowable Costs. The allowability of costs incurred under this subgrant agreement shall be determined in accordance with the general principles of allowability and standards for selected cost items set forth in the Applicable Federal Law, state law:, and the FDOT Disbursement Handbook for Employees and Managers, to be eligible for reimbursement. All funds not spent in accordance with the Applicable Federal Law will be subject to repayment by the Subrecipient. Only costs directly related to this subgrant agreement shall be allowable, 63. Subcontract Agreements. (a) Requirement for Pre -Approval, All subcontract agreements must be submitted to the FDOT Safety Office in draft form for review and approval. Approval of this subgrant agreement does not constitute approval Of subcontract agreements. (b) Minimum Mandatory Subcontract Language. All subcontract agreements shall include as a minimum the following information: I. Beginning and end dates of the subcontract agreement (not to exceed this subgrant agreement period) ii. Total contract amount iiL Scope of work/Services to be provided iv. Quantifiable, measurable, and verifiable units of deliverables V. Minimum level of service to be performed and criteria for evaluating successful completion vi. Budget/Cost Analysis vii. Method of compensation/Payment Schedule (0) Additional Required Clauses I. All subcontract agreements shall contain the following statement: "The parties to this contract shall be bound by all applicable sections of Part V: Acceptance and Agreement of Project # (insert project number), FDOT Contract # (insert contract number). A final invoice must be received by (insert date) or payment will be forfeited." ii, Buy American Act clause (see Section 4 of Part V) iii. Certification Regarding Federal Lobbying (see Section 17 of Part V) iv. Cooperation with Inspector General (see Section 28 of Part V) V. DBE Clause (see Section 10(b) of Part V) vi. E-Verify clause (see Section 29 of Part V) vii. Nondiscrimination clause (see Section 13 of Part V) viii, Clean Air Act and Federal Water Pollution Control Act clause (subcontracts in excess $150,000) (see Section 5of Part V) Ix. Integrity Certification Clause (see Section 23 of Part V) Amendment Number: Original SUB-2021 -CityofM'iam-00300 Page 24 of 33 boo-065-01 SAFETY 9/20 Project Title: Motorcycle Safety Initiative Overtime Patrol Project mmnurrmo-2o21!-0o30o pooTContract wmmuenuIo2y X. Contract Work Hours and Safety Standards Act (subcontracts inexcess of$1OD'OOO) (see Section 8of Part V) z/ Indemnification and Insurance (see Section 30ofPart 0 xz. Policy on Banning Text Messaging While Driving Act (sobcontracts in excess of $15, 000) (see Section 24ofPad K) Xiii. Human Trafficking Clause (see Section Y8cf Party) 64. Indirect Costs. |n&ect000ts included imthis aub0r nt agreement iuPart Uiunder the indirect line item are based on the indirect costs rate the Subrecipient used in the competitive concept paper application process. The rate will be applied in accordance with 2 CFR 200 and the Subrecipients federally approved rate agreement. If the Subrecipiert does not have ofederally approved costs rate agreement, a cle minimis rate of 10% of modified total direct costs in the manner described in2CFR2OU.414will beused. [The deminimiorate iaavailable only toentities that have never had a negotiated indirect cost rate. When selected, the demininn|mrate must boused consistently for all federal awards until such time the Subrecipient chooses to negotiate a rate, A de minimis certification form must be submitted to the Department for review and appmvaK] All subgrant awards are based on cost benefit, available funding, and if the indirect costs rate requested significantly affects the proposed project's ability to adequately address the traffic safety need , 65. Obligation of S/bgrant Furds.8ubgrant funds shall not be obligated prior to the effective date orsubsequent to the end date ofthis mubgran agreement period. Only project costs incurred omorafter the effective date and mnorprior tothe end date ufthis oubgmntagreement are e|igiW*for reimbursement. Acost |aincurred when the Subrecipient'u employee Or approved contractor or consultant p,erforms the service required or when goods are received by the 3ubrecipiant. notwithstanding the date u{order. 66. Procedures for Reimbursement. (a) Required Forms. All requests for reimbursement ofeub�grant costs must be submitted on forms provided by the Department (FDOT Form Numbers 500-065-04 through 09 and 19) unless otherwise approved, Forms must be completed in detail sufficient for a proper pre -audit and post audit based on the quantifiable, measurable, and verifia,bie units of deliverables and costs, including supportive documentation. ALL requests for reimbursement shall include F0OTForm 6W0'DGs-019 Performance Report for the period vfreimbursement. � (W Supporting Documentation. Invoices for cost reimbursement subgrants must besupported byonitemized listing ofexpenditures bycategory (sm|ary.travel, expenses, etcl Supporting documentation shall be submitted for each amount for which reimbursement is being claimed indic2ting that the item has been paid. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been, paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved subgrant budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being provided, Contracts between state agencies may submit alternative documentation to substantiate the reimbursement request, which may be in the form of FLAIR reports orother detailed reports. The Florida Department ofFinancial Services, online Reference Guide for State Expenditures can be found at this web address Listed below are types and examples ofsupporting documentation: i Personnel Services. a. Salaries: 7imesheetsthat support the hours worked onthe project nractivity must be kept A payroll register, or similar documentation should be maintained, The payroll register should show gross salary charges, fringe benefits, other deductions, and not pay, If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours Amendment Number; Original SUB-2021-CityufMium'00300 Page 25 of 33 500.06&01 SAFETY 9120 Proj*xnmo Motorcycle Safety Initiative Overtime Patrol Project Number: Mo-2v1-0n30o FOOT Contract Number: GIa29 worked times the rate ofpay will baacceptable. b Fringe Benefits: Fringe benefits should be supported by invoices showing the amount paid on behalf of the employee, e.g.insurance premiums paid. |fthe contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must beshown. ii. Contractual Services, Should besupported byecopy ofthe approved subcontract agreement, invoice showing payment request and dates of service from the vendor, and proof mfpayment by the 8ubnscipien1. i1i. Expenses. Should besupported by e copy ofany required pre-appmva|o, invoice showing payment request from the vendor, and proof ofpayment bythe 9ubrecipienL iv. Travel. Reimbursement for travel must be|naccordance with s. 112.051^F.S.and the most recent version ofthe FDOTDisbursement Handbook, which includes submission u[the travel costs onan approved state travel form along with supporting receipts and invoices, v. Equipment Costing Over$5'0QO. Should be supported by a copy of any required prs'apprwve|o, invoice showing payment request from the vendor, and proof of payment by the Subreciplent. vi. Indirect Cost. If the nubQmnistipulates that indirect costs will bepaid based onaspecified rate, then the calculation should beshown. Indirect costs must bointhe approved agreement budget and the entity must be ub|o to demonstrate that the costs are not duplicated elsewhere as direct costs. All indirect cost rates must be evaluated for reasonableness and for allowaNlity and must be allocated Ail documentation should bureadable and include the necessary calculations to support the amounts being requested. Illegible documents or documents for the wrong time -period or calculation amounts will require emubmiUal by the Subrecipiert. If documents provided do not equat totals requested, additional documentation mayboreque�ed.oromour�n*imburaod�iUbereducedto�tlasuppododbydocumentadon. _ — � Subgrant agreements between state agencies, and/or wobgmntagreemontsbehweenuniversboemmyaubmb alternative documentation tosubstantiate the reimbursement request that may bm|nthe form o[FLARreports cx other detmi�edreports and donot have toinclude check numbers, (c) Frequency and'Deadlines for Submission, Partial Claims.3ubmdients should submit all costs for reimbursement mnnthfyunless nmcosts were incurred within umonth. Reimbursement for personnel costs may besubmitted after each pay period, if desired. Fai[ure to submit reimbursement requests in a bmely manner may result in this subgrant agreement being terminated. ii. Final Claim. Afime financial request for reimbursement shall besubmitted and/or postmarked nolater than October 31 following the end of this aubgrantagreement period. Such request should bedistinctly identified aoFinal. The Subreciplent, agrees to forfeit reimbursement of any amount incurred or expended if the final request kanot submitted and/or postmarked by October 31following the end ofthis uonQmntagreement period. (d) Travel Reimbursement. Bills for travel expenses specifically authorized inthis subgnynt agreement shall bo submitted onthe FDOTContractor Travel Form (300'OOO'OG)and will be paid inaccordance with Section Amendment Number: Original 500-065-m SAFETY mm Project muv Motorcycle Safety Initiative Overtime Patrol Project Number: mo-2021-00300 roorContract Number: oIozo m0-065-01 SAFErY 9120 11 Z061, F.S, and the most current version of the FDOT Disbursement Handbook for Employees and Managers. (e) Equipment Reimbursement. All requests for reimbursement u{equipment having eunit cost of85.000or more and auseful life ofone year mmore shall beaccompanied byoNon-ExpendableProperty Accountability Record (FDOT Form No. 500-065-09). Reimbursement of these equipment costs shall not be made before receipt ofthis form. (f) Media Purchase Reimbursement. Proof of performance (e�.copies and/or images of posters, air schedules, etc,) of all paid media purchased with SUbgrant funds shall be attached to relmbursement requests. (g) Signature Requirements. All requests for reimbursement sha|l be signed by an Authorized Representative of the Subrecipient, or their delegate. Delegation letters must be provided for each subgrant agreement. (h) Reimbursement Timeline. Subrecipients providing goods and services to the Department should be aware of the following time frames, The FDOT State Safety Office has a 30-day review process to approve goods and services that starts onthe date nfreceipt offinancial reimbursement request. After that review and approval, the Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. FlnancW re�mbursement requests may be returned if not completed properly. Ifa payment ianot available within 40days from the FDOTState Safety Office approval, aseparate interest penalty at a rate as established pursuant to Section 55.03(l), F.S., will be due arid payable, in addition to the f nariCi2i reimbursement request amount, tathe Subreoipien1. Interest penalties ofless than one (1)dollar will not be enforced unless the Subrecipient requests payment. Financial reimbursement requests that have to be returned to a Subrecipient because of Subrecipient preparation errors will result in a delay in the payment. The financial reimbursement request payment requirements do not start until a properly completed financial reimbursement request inprovided tothe Department, N Financial Consequences. Payment shall bemade only after receipt and approval ofdeliverables and costs incurred. If the Department determines that the performance of the Subrecipient is unsatisfactory, the Department ohaUnotify the Subreopient of the deficiency to be corrected, which correction shall be made within a timeframe to be specified by the Department. The Subrecipient shall, within five days after notice from the Department, provide the Department with a corrective action plan describing how the Subrecipient will address all issues of subgrant agreement non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or subgrant agreement noncompliancer If the corrective action plan is unacceptable to the Department, the Subrecipient will not be reimbursed to the extent of the non-performance. The Subrecipient will not be reimbursed until the Subrecipient resolves the deficlency. If the deficiency is subsequently resolved, the Subrecipient may bill the Department for the unpaid reimbursement request(s) during the next billing period. If the Subrecipient is unable to resolve the deficiency, the funds Shall be forfeited at the end ofthis aubg!ronLagreement term. U) Vendor Ombudsman. AVendor Ombudsman has been established within the Department cfFinancial Services. The duties of this individual include acting wan advocate for Subrecipients who may be experiencing problems inobtaining timely paymenk(s) from astate agency, The Vendor Ombudsman may bocontacted mt 87. Tracking and Retention ufFinancial Records. The Gubmcipiemtshall maintain enaccounting system or separate accounts to ensure funds and projects are tracked separately, Records of costs incurred under the terms of this subgrant agreement shall be maintained and made available upon request to the Department at all times during the pehod of this subgrant agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Subrecipients general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work, Amendment Number: migina/ Project Title: Motorcycle Safety Initiative Overtime Patrol Project Number; MC-2021-00300 FDOT Contract Number: GIS29 68. Program Income. Program income means gross income earned by Subrecipient that is directly generated by a supported activity or earned as a result of the subgrant award during the subgrant period of performance. Program income must be deducted from total allowable costs to determine the net allowable costs. Program income must be used for current costs and any remaining program income must be offset against the final request for reimbursement. Program income that the Subreciptent did not anticipate at the time of the subgrant award must be used to reduce the Federal award and Slubrecipient contributions rather than to increase the funds committed to the project. 69. Registration for Attendance. No activities funded under this subgrant agreement shalt charge a registration fee for attendance. 70. Responsibility of Subrecipient,. The Subrecipient shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant 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 FDOT State Safety Office. All expenditures and cost accounting of funds shall conform to 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements For Federal Awards, herein incorporated by reference, (hereinafter referred to as Applicable Federal Law). REQUIREMENTS 71. Child Safety Seats. Any agency that receives child safety seats must have at least one staff member who is a current Certified Child Passenger Safety Technician, 72. Enforcement. (a) Automated Traffic Enforcement. No subgrant funds will be awarded or expended to carry out a program to purchase, operate, or maintain an automated traffic enforcement system. (23 U.S.C. 402(c)(4)). The term "automated traffic enforcement system" includes any camera that captures an image of a vehicle for the purposes only of red light and speed enforcement, and does not include hand held radar and other devices operated by law enforcement officers to make an on -the -scene traffic stop, issue a citation, or other enforcement action at the time of violation. Subgrant funding will not be utilized or reimbursed for continuing priorly initiated investigations, court or Administrative Hearings, and enforcement from aircraft. (b) Data Driven. Selection of enforcement activity locations should be based on current data that identifies high -risk areas with the greatest number of crashes, serious injuries, fatalities, and/or traffic violations (citations). Data should be reviewed periodically to ensure that the most current high -risk areas are continually addressed throughout this subgrant agreement period. (c) High Visibility Enforcement. Alt law enforcement agencies shall conduct High Visibility Enforcement while conducting enforcement under this subgrant agreement. High Visibility Enforcement is defined as Intense: Enforcement activities are over and above what normally takes place. Frequent: Enforcement occurs often enough to create general deterrence. Visible: A majority of the public sees or hears about the enforcement. Strategic: Enforcement targets high -risk locations during high -risk times, (d) Impaired Driving Enforcment. i. Hours of Emphasis, A strong emphasis of enforcement operations should be during the hours of 6:00 pm to 6:00 am. Explansion of enforcement operation hours can be adjusted based on supporting data and prior approval by the FDOT State Safety Office. Agencies should ensure that enforcement sat u ratio n/wolfpack/rovi ng patrols are conducted in periods of no fewer than 3 consecutive hours. The Amendment Number: Original SUB-2021-CityofMiam-00300 Page 28 of 33 s0_065-01 SAFETY 912g Project Title: Motorcycle Safety Initiative Overtime Patrol Project Number; MC-20,21-00300 FOOT Contract Number: G1S29 FDOT State Safety Office reserves the right to request a copy of any subgrant funded checkpoint After Action Report. ii. Mobilization Participation. All law enforcement agencies that receive impaired driving subgrant funding should participate in all NHTSA impaired driving moblizations for the following holidays and events: New Year's Day, NFL Super Bowl, St, Patrick's Day, Cinco de Mayo, Independence Day, Labor Day, Halloween, and the end of year holiday season. iii. Required Credentials for Impaired Driving Enforcement. Any law enforcement officer who takes enforcement action and receives compensation under an impaired driving subgrant must have successfully completed at least one of the following within the last five years: a. NHTSA/IACP 24 hour DWI Detection and Standardized Field Sobriety Testing (SFST) course b. NHTSA/IACP 4 hour DWI Detection and Standardized Field Sobriety Testing (SFST) refresher course c, NHTSA/IACP DWI Detection and Standardized Field Sobriety Testing (SFST) Instructor Development course d. NHTS/VIACP 8-hour DWI Detection and Standardized Field Sobriety Testing (SFST) Instructor Update course e. NHTSA/IACP Advanced Roadside Impaired Driving Enforcement (ARIDE) course f Be an active certified Drug Recognition Expert (DRE) (e) Motorcycle Enforcement. No subgrant funds will be used for programs to check helmet usage or to create checkpoints that specifically target motorcyclists, (f) Occupant Protection Enforcement, Afl law enforcement agencies that receive occupant protection subgrant funding should participate in all NHTSA occupant protection mobilizations for Click It or Ticket and are encouraged to participate in Child Passenger Safety Week and National Seat Check Saturday. (g) Speed and Aggressive Driving Enforcement. All law enforcement agencies that receive speed and aggressive driving subgrant funding should participate in the NHTSA Regional speed and aggressive driving moblization for Operation Southern Shield. i. Required Credentials for Speed Enforcement. Any law enforcement officer who is using a radar or laser speed detection system, must be certified in the use of that piece of equipment, 73. Public Service Announcements, Marketing, and Advertisements. (a) Closed Caption Requirement. All public service announcements produced with Federal highway safety funds shall be closed captioned for the hearing impaired. (b) Media Plan. All paid media reimbursed with subgrant funds shall contain a traffic safety message. In order to maximize the effectiveness of the paid media, when marketing or advertising is included in subgrant activities, it shall be done only in conjunction with proven, effective countermeasures, and when the message of the media is designed to call attention to those countermeasures. Before incurring costs related to the paid media, a final draft of the media and media plan shall be submitted to the FDOT State Safety Office for review. Media plans should include the following: i. What program1policy the, paid media is supporting ii. How the paid media wiil be implemented to Support an operational enforcement program whether it be a periodic crackdown/mobilization or an on -going saturation or roving patrol iii. The amount allocated for paid media Amendment Number: original SUB-202 1-CityofMiam-00300 Page 29 of 33 500,065-01 SAFETY W20 Project mu^:Motorcycle Safety Initiative Overtime Patrol Project Number: Mo-201-00300 FuorContract Number: m/moo u The measures that wNbeused kzassess message recognition and penetration ofthe target audience, (c) Tagging. All subgrant funded public service announcements, marketing, and advertisements shall be tagged "Funding provided by the Florida Department of Transportation, or Funded by FDOT". "Brought tnyou by" or "Provided by"' may also be used for this requirement. The name of the Subrecipient and its logo can appear on thepaidmediabutLhenameoofindividua|ocomnectedwithtAe8ubrecipientoha||nntappoorvvhnnpaidforwbh Federal highway safety funds, unless otherwise approved by the FDOT State Safety Office. k4 Prohibition mfGifts. Contractual agreements for marketing and advertising which include communications, public information, and paid media expenditures shall not include gifts aedefined by Section 112.312. F.S.' which includes items such aetickets, seats, fmod, tnave|, oppane|, memorabilia, etc.'toany representative of this subgrant agreement or any of their traffic safety partners unless the item or service is regularly made available tothe general public ctnocost. 74. Public Information and Education Items. Public Information and Education ltemeare defined ammaterials whose purpose is to convey substantive irforrration about highway safety. Paper, pamphlets, flash drives, CD-ROMs, and similar media that contain educationai materials are all allowable because their purpose is to contain and convey educational information. ]norder 1oboconsidered adumatiuna|, distributed material must provide substantial informational and educational content to the public (not merely a slogan) and have the sole purpose of conveying that information. If Subrecipient chooses to provide educational content on a flash drive, CD-ROM, or similar device, that device must be an economical method ofconveying the information. Before printing or ordering any public information and education items, a final draft or drawing of the items shall be submitted to the FDOT State Safety Office for review and approval. Requests should include the following: (a) What public information oreducational item iobeing requested (U) What program/policy iethe item supporting (d Who the target audience io (d) How the item will bodistributed (a) Estimated unit uost(s) for the item The FDOT State Safety Office shall provide written approval for reimbursement if the items are appropriate for purchase under this subgran agreement. Copies and/or images of all public information and education items purchased with kighwayuafetyfundoehm||boattauhedto1hefonnansquesdn0nu|mbureomenthorMhehemn. Printed materials (tip cards, brochures, safety pledges, aumeye, activity booke, booklets, guides, etc.) can be freely distributed, however tangible items (helmets, DVDs, CD-ROMs, flash or thumb drlves, reflective tape, etc.) require the person receiving the item to interact with the Subrecipient in some manner related to the goal of the project in order to receive the item. |nta/auUun includes attending 2pmnentatioo. havingm discussion with a program representative, signing mpledge sheet, filling out osurvey form, answering atraffic safety question, etc. The results ofthis interaction must bereported inthe performance report. Where feasible, either the Florida Department of Transportation logo or the words "Funding provided by the Florida Department of Transportation or Funded by FDOT" ShaU appear on or in all items. "Brought to you by" or "Provided by" may also be used for this requirement. The name of the Subrecipient and its logo Gan appear on any of the puNic information and education items. The names of individuals connected with the Subrecipient shall not appear on any printed materials, and advertisements paid for with highway safety funds. Per 2CFR 200and NHTGAMemo "Use ofWHTBAHighway Safety Grant Funds for Certain Purchases" (dated May 18. 2016). Use of NHTSAgrant funds topurchase promotional items ormemorabilia (bechpacko.cups, flashlights, key Amendment Number: Original 50a.065-m SAFETY 9120 Project Title: Motorcycle Safety Initiative OverUme Patrol Project Number: MC-2021-00300 FDOT Contract Number: GIS29 chains, magnets, shirts, stickers, sunglasses, umbrellas, etc.) is prohibited and therefore unallowable under this subgrant agreement. 75. Publication and Printing of Observational Surveys and Other Reports. (a) Review and Publication. During this subgrant agreement period, but before publication or printing, the final draft of any report or reports required under this, subgrant agreement or pertaining to this subgrant agreement shall be submitted to the FDOT State Safety Office for review and: concurrence. After this subgrant agreement period has concluded, Subrecipients may publish after providing the FDOT State Safety Office with at least a 1 5-day prior written notice. (b) Discussion. Both written and oral releases are considered to be within the context of publication. However, there is no intention to limit discussion of the Study with small technical groups or lectures to employees or students. Lectures that describe plans but discuss neither data nor results may be given to other groups without advance approval, (c) Required Language, Each publication or other printed report covered by Paragraph 75(a) above shaft/ include the following statement on the cover page: i. This report was prepared for the FDOT State Safety Office, Department of Transportation, State of Florida, in cooperation with the National Highway Traffic Safety Administration, Ul. S. Department of Transportation and/or Federal Highway Administration, U.S. Department of Transportation. ii. The conclusions and opinions expressed in these reports are those of the Subrecipient and do not necessarily represent those of the FDOT State Safety Office, Department of Transportation, State Of Florida, and/or the National Highway Traffic Safety Administration, U.S. Department of Transportation and/or Federal Highway Administration, U.S. Department of Transportatlon, or any other agency of the State or Federal Government, 76. Safety Belt Policy. Each Subrecipient shall have a written Safety belt policy, which is enforced for all employees. A copy of the policy shall be maintalned by the Subrecipient and made available for review if requested, 77. Special Conditions. Amendment Number: Original SUB-2021-CityofMiam-0030C Page 31 of 33 500-D65-01 SA�FTY 9120 Project Title;: Motorcycle Safety Initiative Overtime Patrol Project Number: MC-2021-00300 FDOT Contract Number: G1S29 Part VI: Federal Financial Assistance (Single Audit Act) Federal resources awarded pursuant to this subgrant areas follows: GFDA Number and Title: Z 20.600 - State and Community HIghway Traffic Safetv Proararn (NHTSA 402 Funds) r-1 21611 - Incentive.. Grant Program to Prohibit Raciaf Profiling (NHTSA 1906 Funds) 20.614 - National Hi Traffic Safely Administration Discretionary Safety Grants (NTHSA 403 funds) E] 20.616 - National Priority Safety Program (NHTSA 405 Funds *Federal Funds Awarded: $80,000 Awarding Agency: Florida Department of Transportation Indirect Cost Rate: '*Award is for R&D: No Federal resources awarded Pursuant to this sub rant are subject to the followinq audit requirements: (a) 2 CFR Part 200 - Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards wwR.ecfr,qov Federal resources awarded pursuant to this subqrant may also be subject to the following: (a) Federal Funding Accountability and Transparency Act (FFATA) Sub -award Reporting System (FSRS) y'rvy"".fSI.s"g0V Federal Award Identification Number FAIM: FAIN Award Date: 69A37519300004020FLO 02/11/2019 Amendment Number: Original SUB-2021-CityofMiam-00300 Page 32 of 33 5DO-D65-01 SAFETY 9120 Project Title! Motorcycle Safety Initiative Overtime Patrol Project Number-, MC-2021-00300 FDOT Contract Number: GiS29 500-065-01! SAFETY 9/20 IN WITNESS WHEREOF, the parties affirm that they have each read and agree to the conditions set forth in Part V of this Agreement that each have read and understand the Agreement In its entirety. Now, therefore, in consideration of the mutual covenants, promises and representations herein have executed this Agreement by their undersigned officials on the day, month, and year set out bePow. (For FD OT Use Only) STATE OF FLORIDA SUBRECIPIENT DEPARTMENT OF TRANSPORTATION By: Signature ofAutharized Representative By: Authorized FDOT State Safety Office Representative Name; Arthur Noriega V Authorized Representative's Name Printed Date: Date Signed Title: cjtr manAgpr Authorized Representative's Title Frinto d Date: Date Signed Reviewed for the Florida Department of Transportation; IMPLEMENTING AGENCY By: By: Authorized FDOTAttorney Signature ofAuthorized Representative Name: Jnrgg R. Colin Authorized Representative's Name Printed Date: Date Signed Title-, Chief of Police Authorized Representative's Title Printed Date Date Signed NOTE: These signatures are the only recognized authorized representatives for this agreement, unless delegation is granted in writing, Amendment Number: Original SUB-2021 -CityofMiam-00300 Page 33 of 33 Florida Department of Transportation FY 2021 Motorcycle Safety Initiative Overtime Patrol Project CITY OF MIAMI, a Florida Municipal Corporation 0 Arthur Noriega V, City Manager Attest: Date: By: Date: Todd B. Hannon, City Clerk Approved as to Form and Correctness: By: Date: Victoria M6ndez, City Attorney Approved as to Insurance Requirements: By: Date: Ann -Marie Sharpe, Director of Risk Management