HomeMy WebLinkAboutExhibitLetter of Agreement and Contract
In this contract between the City of Miami ("Vendor") and the University of South Florida Board of Trustees, a
Public bodv corporate for the University of South Florida's Center for Urban Transportation Research
("University"). the Vendor shall perform the services as outlined in the scope of services (Exhibits A & B). The contract
period will begin upon execution and will end on May 17, 2018.
Total contract amount will not exceed $30,000
The parties to this contract shall be bound by all applicable state and federal requirements as outlined in Florida
Department of Transportation (FDOT) Project # 433144-1, Contract #G0023 (attached). All services must be completed
by May 17, 2018. The final invoice must be received by June 1, 2018 or payment will be forfeited.
It is expressly understood that the Vendor is an independent contractor, and not an agent of FDOT or the University. The
Vendor agrees to be fully responsible for all claims for damages and liability arising out of the negligent or wrongful acts
or omissions of its employees while acting within the scope of the employee's office or employment and while providing
services under this contract. As "state agencies or subdivisions" of the State of Florida within the meaning of Section
768.28(2), Florida Statutes, FDOT, the University, and the Vendor's ("State Agencies" or individually "State Agency")
respective total liability shall nut exceed the limits of their waiver of sovereign immunity provided under Section 768.28,
Florida Statutes. Nothing herein shall be construed as consent by the State Agencies to be sued by third parties in any
matter arising out of this contract or as a waiver by the State Agencies of any immunities, rights or limits to liability
provided by Florida law. Each State Agency shall be responsible for its own attorney fees in the event of a dispute.
In accordance with the contract, the Vendor is authorized to perform the tasks detailed in the scope of services (Exhibits A
& B) and is fully responsible for satisfactory completion of all services. Services performed prior to receiving an executed
contract from the University will not be eligible for reimbursement. This contract does not involve the purchase of
Tangible Personal Property, as defined in Chapter 273, Florida Statutes,
UNIVERSITY CANNOT PROVIDE LEGAL ADVICE TO VENDOR REGARDING ITS
LEGAL DUTIES. HOWEVER, VENDOR MAY CONTACT UNIVERSITY'S
CUSTODIAN OF PUBLIC RECORDS AT USFPURCHASING@USF.EDU OR 813-974-
2481 IF VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES TO THE VENDOR'S DUTY TO PROVIDE AND
MAINTAIN PUBLIC RECORDS RELATING TO THIS AGREEMENT.
CANCELLATION: This contract may be unilaterally cancelled by FDOT or the University for refusal by the Vendor to
allow public access to all documents, papers, letters, or other material made or received by the Vendor in conjunction with
this contract, unless Florida law provides that the records are confidential and/or exempt from the disclosure requirements
of section 24(1) of Article 1 of the state constitution and section 119.07(1), Florida Statutes_
City ofMiami
EXHIBIT "A"
SCOPE OF SERVICES
PEDESTRIAN AND BICYCLE SAFETY ENFORCEMENT CAMPAIGN
OBJECTIVE:
The Florida Department of Transportation ('`FDOT°'), through a grant with the University of South Florida's
Center for Urban Transportation Research ("University"), will utilize law enforcement support to educate and
enforce safe pedestrian, bicyclist, and driver behaviors in priority counties in Florida. The main objective of
this effort is to reduce traffic crashes resulting in pedestrian and bicyclist fatalities and serious injuries
through the use of selected traffic education and enforcement operations.
Il. PURPOSE:
In 2015, 2,939 people lost their lives in traffic crashes on Florida's roadways. More than 21% of them were
pedestrians (632) and more than 5% were bicyclists (154).
The Purpose of this funding opportunity is to develop and implement effective community level high
visibility enforcement operations in areas with the highest representation of traffic crashes involving
pedestrians and bicyclists resulting in fatalities and serious injuries.
The project Goal is to increase awareness of and compliance with traffic laws pertaining to pedestrian and
bicyclist safety in an effort to reduce pedestrian and bicycle crashes, fatalities, and serious injuries on our
roadways.
Pedestrians and bicyclists are more vulnerable that all other road users. Traffic crashes involving pedestrians
and bicyclists are more likely to result in fatal or serious injuries than any other types of traffic crashes.
This campaign is a component of. Florida's Bicycle/Pedestrian Focused Initiative and is implemented by the
University of South Florida under the direction of the Florida Department of Transportation. This campaign
supports the goals established in Florida's Pedestrian and Bicycle Strategic Safety Plan, High Visibility
Enforcement activities are being implemented to educate pedestrians, bicyclists, and motorists on traffic laws
pertaining to pedestrian and bicycle safety and to increase compliance with those laws.
III. SERVICES TO BE PROVIDED BY THE VENDOR:
A. High Visibility Enforcement of all road users, including pedestrians, bicyclists, and motorists, in an
effort to change behaviors and improve the safety of pedestrians and bicyclists. Conduct on -street
education and enforcement operations including the distribution of educational materials, and the issuance
of warnings and/or citations to pedestrians, bicyclists, and motorists in accordance with Florida Statues.
The Vendor must emphasize education and document educational efforts throughout the entire contract
period.
B. Operations must begin within 30 days of the contract execution date. Exceptions for delayed start
may be approved if a State of Emergency is declared by the Governor that directly impacts the Vendors
ability to perform. All exceptions require the approval of the University and FDOT.
C. The Vendor shall distribute the provided safety educational materials during ALL High Visibility
Enforcement operation& Vendors that elect to participate in bicycle light distribution will be required to
complete a separate Bicycle Light Distribution Assurance form. Lights may be available, but due to
limited quantities, this is not guaranteed.
2
City of Miami
D. The Vendor is required to engage the media during the contract period. The Vendor shall
distribute a minimum of two (2) press releases during the contract period. The initial required
media engagement will announce that operations will begin and must be conducted a minimum of
seven (7) days in advance of the operation start date. The second release must include FDOT
approved messaging (provided by the University) to coincide with either the Alert Tonight Florida
campaign (11/5/17 --3/11/18) or Florida Bicycle Month (3/1/18 —3/31/18). Additional media
engagement is encouraged throughout the contract period. Proof of media engagement must be provided
within 30 days of the press release or news report as a backup documentation component for invoicing
during the period in which it is conducted.
1V. UNIVERSITY RESPONSIBILITIES:
The University will provide to Vendor copies of the required training materials, a copy of Florida's Pedestrian
and Bicycle Strategic Safety Plan, educational materials for distribution, and approved safety messages. The
University reserves the right to review and audit the Vendor's compliance with the terms of this Letter of
Agreement and Contract during business hours and at the University's sole expense. In the event University
determines that Vendor is not averaging the required number of operations, hours, and officers in each
operation over the period of time between the date delivery of services commences and the audit date, as
agreed to herein, the University may reduce the funding for the remaining term of the Agreement by the
percentage difference between the required number of operations and officers and the Actual Average.
(information regarding the "Actual Average" can be found on the last page of this contract.)
V. VENDOR RESPONSIBILITIES:
ON -STREET OPERATIONS
Funding is restricted to on -street overtime operations conducted by sworn enforcement officers specific to
pedestrian and bicycle safety in the identified priority areas, conducted at the level of effort shown in this
contract. The Vendor will be reimbursed based on performance of specific tasks listed within the contract.
Invoices must document that each officers initial 40-hour minimum level of effort has been met prior to
participating in overtime operations (note— officers can be scheduled to work FIVE overtime
operations in a given week prior to having met the 40-hour minimum. However, should the officer not
end up working their full 40 hours during that week, then those hours for EVE would not be overtime,
and thus would not be eligible for reimbursement). No hours may be charged for efforts other than those
specified in the contract. Example: General speed enforcement would not qualify for reimbursement.
however, enforcing speed in a priority area where data reflects that speed is contributing to traffic
crashes involving pedestrians and bicyclists would qualify for reimbursement. Vendors will not be
reimbursed for operations that take place outside of the identified priority areas.
The funding that is provided to the Vendor is not to be used to supplant the Vendor's ongoing enforcement
and educational efforts. Duplicated efforts will not be eligible for reimbursement. Only sworn law
enforcement officers are eligible to conduct activities (Community Service Officer (CSO) are not eligible for
reimbursement). Only High Visibility Enforcement is eligible for reimbursement on this contract; time spent
for activities such as training, outreach. school events, administrative time, etc. are not eligible for
reimbursement. Hours that are not in excess of an officers normal 40-hour work week are not eligible for
reimbursement.
NON-DISCRIMINATION AND ETHICAL STANDARDS
No person shall, on the ground of race, color, religion, sex, handicap, or national origin, be subjected to
discrimination under any program or activity supported by this contract. The agency agrees to comply with
the Florida Civil Rights Act (F.S. 760)
http://www.l E. qate.#1.usisratutestinckx.(;1111?Apu more=DisPla\ Statute& en=0 700-0799/076010760.htrr:l
All officers participating in High Visibility Enforcement activities are required to comply with the Law
Enforcement Officer Ethical Standards of Conduct as established by the Florida Department of Law
3
City of Miami
Enforcement. ht s:'/www.fdie.state,f1.usJContentIC.IST/ ;enu/Officer-Requirements-Main-Paae!LE-Etnica -
Standards-of=Condo t.asrx
TRAINING & PERSONNEL RATES
There are two required training modules that can be accessed for free on the vtiw .Alert odavFlorida.cotn
website. All officers must meet all training requirements, regardless of previous training. Each officer will be
responsible for taking the training and passing quizzes. Time for completion of these training requirements
shall be in -kind.
REQUIRED: The following Roll Call videos must be watched by all officers. In addition, there is a quiz that
must be completed with a score of at least 80%:
"Pedestrian Safety Roll Call for Law Enforcement" htto://www,aerttod_vflorid a.con JRollCall!
"Cycling Safety Roll Call for Law Enforcement" 1-ntw://www.alerttodayfloricla.eoni/RollCalI/
OPTIONAL: The following training videos are optional, but we strongly encourage your officers to take part
in these trainings:
"Pedestrian Safety Training for Law Enforcement" Into://www.iadl est,ore/Pro e otsIN LE A RN.asox
"Enhancing Bicycle Safety: Law Enforcement's Role" httn://www.iadlestors/ProjectsiNLEARN.a.sex
Prior to commencing the services outlined under this contract, Vendor must submit a signed and dated list of
personnel authorized to perform overtime operations under this agreement, including a certification of
completion of the required training, and a fully -loaded hourly overtime rate range (no more than'-/- $5.00) to
be used for each officer. The contract hourly billing rate range shall include the costs of hourly overtime plus
associated fringe benefits- Only hours from officers listed and within the rate range shown on the authorized
personnel list are eligible for reimbursement under this agreement. The authorized personnel list may be
updated to add officers and update billing rates, but no hours may be charged for any individual officer until
after the updated personnel list has been signed and dated showing their contract billing rate and verifying
training has been completed. (Note — All rates must match the payroll documentation submitted with each
monthly invoice.) Time for training may not be charged to this contract,
CORE ACTIVITY PERFORMANCE MEASURES
Each Law Enforcement Agency will perform a minimum of (80%) eighty percent of contracted efforts
outlined within their High Visibility Enforcement contract within the contract period to be eligible for agency
of the year award consideration. Each successive fiscal year, agencies will be prioritized for funding based on
percentage of performance expectations that were met. Performance will be tracked through monthly activity
reports and measured against the established enforcement plan.
CONSEQUENCES FOR NON PERFORMANCE
If the Vendor is not meeting the agreed upon level of effort as outlined in Exhibit B, the full amount of
funding for subsequent periods will be reduced. In the event that the required services are in dispute, the
invoice may be pro -rated, reduced, or withheld until adequate documentation is provided to support the
completion of such services and the dispute is resolved. If minimum performance requirements are not met,
the invoice will be pro -rated, and payment will only be made for services that were completed as outlined in
this agreement.
4
City of Miami
DELIVERABLES
INVOICES
Invoices must be submitted at Ieast monthly (every 30 days), beginning within 60 days of the contract
execution date. Failure to submit invoices as outlined in this contract may result in termination of the
agreement. If payroll is bi-weekly, invoices may be submitted after every two pay periods. Invoices must
contain the following:
• Invoice: summary of hours charged and total due. Vendor must use the invoice template provided
by the University.
• Personnel Timesheets: total hours for each individual officer must be reported. Total hours
include hours worked on this contract, and any other hours the officer works during the month.
The timesheets should clearly indicate that the hours charged to this FIVE contract are above and
beyond the officer's normal 40-hour workweek. Vendors must submit hours using the Personnel
Services Timesheet template provided by the University.
• Activity Reporting form: one page for each operation/location completed showing officers
assigned, date, times, location, safety issue addressed and corresponding enforcement approaches
used, contacts overview, number of materials distributed, and the numbers of warnings and
citations issued to motorist, pedestrians, and bicyclists under each Statute. Vendors must utilize
the Activity Reporting Form template provided by the University.
• Payroll documentation: Vendor must submit payroll documentation to accompany each invoice.
This payroll documentation should clearly indicate overtime rates that match the invoice, when
each officer performed overtime activities (must match the personnel timesheet), that the hours
being claimed are for hours worked in excess of the normal 40 hour workweek, and must include
either a pay stub or payroll ledger documenting payment to each officer for which you are
requesting reimbursement. Any personal information, such as social security numbers, should be
redacted.
• Personnel Letter: Prior to commencing the services outlined under this contract, Vendor must
submit a signed and dated list of personnel authorized to perform overtime operations under this
agreement, including a certification of completion of the required training, and a fully-Ioaded
hourly overtime rate range (no more than +/- $5.00) to be used for each officer. Time for training
may not be charged to this contract.
• Proof of Media Engagement: Proof of media engagement must be provided within 30 days of
the press release or news report as a backup documentation component for invoicing during the
period in which it is conducted. See Section III for additional details.
All invoices must include the dates of service (to/from) and the following certification statement; "All costs
are true and valid costs incurred in accordance with the agreement, deliverables were received and accepted."
The certification statement must be signed by an authorized agent of the 'Vendor". Invoices must be
submitted through the provided online platform. In case access to the provided online platform cannot be
obtained, invoice documentation can be sent electronically to acc2@cutr.usf.edu.
5
City of Miami
EXHIBIT "
EFFORT SUMMARY - PEDESTRIAN AND BICYCLE SAFETY ENFORCEMENT CAi`rlfi'AIGN
SERVICE PROVIDED: Enhanced Traffic Enforcement Detail%High Visibility. Enforcement
Number of operations to be completed
34
Hours per operation
4
Officers per operation
4
1.
79th 5t from NW 7th Ave to US-1
2.
36th St from NW 27th Ave to US-1
List of approved
3.
20`h St from NW 27th Ave to NE 2'' Ave
intersections/corridors to conduct
4.
W Elagler St front NW 57`h Ave to NW 6" Ave
operations
5.
SW 8tr St from SW 36tn Ct to US-1
6.
Biscayne Blvd (US-1) from NE 36' St to SE 2"St
7.
NW 27t" Ave from NW 20th St to S Dixie Hwy
Actual Average = (Total II of details x
15.54
officers per detail x fi hours per
details / Total It of weeks
Total Project budget not to exceed: $30,000
NOTE: Total budget calculated from 35 weeks total duration at the level of effort indicated above. Reasonable effort must
be made to maintain the weekly level of effort for the full contract period. If the levet of effort outlined above is not
obtained during a given month due to unexpected circumstances (i.e. weather, staffing issues, illness, etc.), these should
be documented in each invoice. All properly documented overtime enforcement hours completed within the contract term
will be reimbursed, not to exceed the total budget.
6
City of Miami
City of Miami PD HVE Locations
g.
5.
Itt - 4
• -6'
e IP • -•
.a• 4 eat;
• e . at
- :
--a 43 Z-r* • .0"
• -
• 7-#11-arni
43 7 ' ' •
o• - - •
Gab c •a.
fie3rJ
• Te-r.,,:r: CrIcrih
r 164 Nrl.s
e
• 9 M9. ;
- IAlt'40
4$ :
' 4- i = `.: • ' .,- $ $
i c, is. - •
V ..:.
fj-1 a "a
- a _
-5-'•
• •
• - ti 4 -
•
,:v;•enS•0_111
. 0 • •
9 •
.11 harilinCorlf -
1. 79th St from NW 7th Ave to US-1
2. 36th St from NW 27th Ave to US-1
3. 20th St from NW 27th Ave to NE 2nd Ave
4. W Flagler St from NW 57th Ave to NW 6th Ave
5. SW 8th St from SW 36th Ct to US-1
6. Biscayne Blvd (US-1) from NE 36th St to SE 2nd St
7. NW 27th Ave from NW 20th St to 5 Dixie Hwy
7
City of Miami
Pi•? -NE I Miami
Zoom to
-.7- •
. •
Letter oTAgreement mmd Contract
SIGNATUREPAGE
Agency Name (Vender): City of Miami Police Department
FEID# 59-6000375
Address: 400 NW 2nd Avenue
City: Miami
State; FL Zip: 33128
University of South Florida Board of Trustees Date
Project Activity Contact, University of South Florida Date
APPROVED
AND LEGAL SUFFJCE?+CY
kel La sis'sg n
ATTORNEY. UST'
' il`=U ' !
VENDOR ACKNOWLEDGEMENT: By signing below, l certify that i have read the entire doethen , agree to abide
by the pricing and all terms and conditions of this Letter of Agreement and Contract, and that I am authorized to sign for
the Vendor.
Vendor's Authorized Agent Signature Date
Rodolfo Llanes
Chief of Police
Printed Name Title
FDOT APPROVAL
8
City of Miami
Florida Department of Transportation (FDOT) Project # 433144-1, Contract #G0023
State and Federal Requirements:
FEDERAL RESOURCES AWARDED PURSUANT Tf) THIS CONTRAC•CARE SUBJECT TO THE1FOLLOWING AUDIT REOU1RE ENTS:
2 CFR Part 200 — Uniform Administrative Requirements, Cost Principles & Audit Requirements for Federal Awards wev w ecfr -_.*
FEDERAL RESOURCES AWARDED PURSUANT TO THIS CONTRACT MAi' ALSO BE SUBJECT TO THE FOLLOWING:
Title 23 — Highways, United States Code
Title 49 —Transportation, United States Code
trf.Auscodz house anvibr;,wsea'.x
] AP-21— Moving Ahead for Progress in the 21"Century, P.L. 112-141
:��5 ;v.ds:L�csv?prat`.
Federal highway Administation — Florida Division
wua^n... ;>a do .<'ov.I1div
Federal Funding Accountability and Transparency Act (FFATA) Sub -award Reporting System (FSRS)
,. r... ...; c tar
FEDERAL RESOURCES AWARDED PURSUANT TO TIT'S CONTRACT ARE 51113-IECT TO T.UE FOLLOWING REQUIREMENTS:
Failure to submit progress report and invoices es outlined in the Letter of Agreement and Contract may result in termination of theagreement; may render the vendor
ineligible for reimbursement of expenses; and may render the vendor ineligible for future consideration for funding under this program.
If the contract is temtinated, the funds may be reallocated to other contracts.
Invoices must be submitted as outlined in the Letter of Agreement and Contract, must meet the timeline established in the attached contract far services, and must
include all required documentation as outlined in the contract for services.
All invoices must contain the full details of each expenditure sufficient to support a proper pre -audit and post audit based on the scope of work and services identified in
the Letter of Agreement and Contract.
All invoices shall be signed by an Authorized Representative of the vendor or their delegate.
Payment will be made only after receipt and approval ofgooda and services as outlined in the attached contact and exhibits, If the University determines that the
performance of the vendor is unsatisfactory, the University shall notify the vendor of the deficiency to be corrected, which correction shall be made within a time -frame
to be specified by the University.
The vendor shall, within five days after notice from the University, provide the University with a corrective action plan describing how the vendor will address all
issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance.
If the corrective action plan is unacceptable to the University, the vendor shall be assessed a non-performance retainage equivalent to 10% of the total invoice amount.
The retainane shall be applied to the invoice for the then -current billing period. The retainage shall be withheld until the vendor resolves the deficiency.
If the deficiency is subsequently resolved, the vendor may bill the University for the retained ninount during the next billing period. If the vendor is unable to resolve
the deficiency, the funds retained will be forfeited at the end of the contract's term.
A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting es an advocate for vendors who
ntay be experiencing problems in obtaining timely payment(s) from a state agency or University. The Vendor Ombudsman may be contaeted at (850) 413-5516.
The vendor shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of contracted funds and required expenditures.
All monies spent on this contract shall be disbursed in accordance with provisions of the contract scope of work as approved by the University and FDOT State Safety
Office Program Manager and must meet all state and federal regulations attached or referenced in this Contract.
All expenditures and cost accounting of funds shall conform to 2 CFR, Part 200, Uniform Administrafive Requirements, Cost Principles, and Audit Requirements
for Federal Awards, herein incorporated by reference, (hereinafter referred to as Applicable Federal Law).
The vendor agrees to comply with all applicable provisions of Chapter 287, Florida Statutes. The following provisions are stated in this contract pursuant to sections
287.133(2ka) end 287.134(2Xa), Florida Statutes.
(a) Section 287,133 (2)(a), F.S. A person or affiliate 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 goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a 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 cot -the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list.
(b) Section 287,134 (2)(a), F.S. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to
provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the constrction 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,
suppl ter, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity.
9
City of Miami
All invoices for services shall contain the following certification statement aimcl must be sinned by the vendors financial representative:
"All costs are true and valid costs incurred in accordance with the agreement, deliverables were received and accepted."
The University and FDOT State Safety Office shall review and approve in writing all amendments to consultant and contractual sereice agreements prior to execution.
Only amendments to the contract which achieve or improve upon the outcome of the project as determined by the funding agency and any state or federal regulations
that sovem such changes will be considered for approval
Requests for amendment shall he in the form of a written request signed by the Authorized Representative of the vendor Delegations of signature authority will not be
accepted for amendment requests without prior written approval.
Approval of this contractual service agreement does not constitute approval of amendments to the contr_ct. Any contract amendment executed without prior written
approval of the University and FDOT Sate Safety Ofiire will not be reimbursable under this contract
The allowability of costs incurred under any contract shall be determined in aecordance with the general principles of allowebility and standards for selected cost items
set forth in the Applicable State and Federal Law, to be eligible for reimbursement. All funds not spent in accordance with the Applicable State and Federal Law will be
subject to repayment by the vendor. Only costs directly related to the approved scope of services within the attached contract shall be allowable.
The Stare of Florida's performance and obligation to reimburse the vendor shall be subject to the availability of Federal highway safety funds and an annual
appropriation by the Legislature. As detailed in 49 CFR, Part 29, Governmentwide Debarment and Suspension (n onprocuremeat) and Governmentwide
Requirements for Drug -Free 'Workplace, herein incorporated by reference, the vendor shall rot be reimbursed for the cost of goads or services received from
contractors, consultants, vendors, or individuals suspended, debarred, or otherwise excluded from doing business with the Federal government. The sub -recipient or its
implementing agency shall submit the required certification by consultants with awards in excess of the small purchase threshold fixed at 10 U.S.C. 2304(g) and
41 U.S.C. 253(e) (currently $25,000).
1f a vendor has not eonenerced within 30 days after the acceptance of the contract, the vendor shall report by letter the steps taken to initiate the work, the reasons for
delay, and the expected starting date. If, after 60 days from the acceptance of the contract, services as described herein has not begun, a farther statement of
implementation delay will be submitted by the vendor to the University. Tne vendor arees that if the letter is not received in the 60 days. the University may cancel the
contract. The University, or the FDOT State Safety Office Program Manager, where warranted by excusable delay, may extend the implementation date of the project
past the 60-day period. In this case, formal written approval will be provided to the vendor from the University or FDOT State Safety Office Program Manager.
Funds may not be obligated prior to the effective date or subsequent to the end date of the contract service period. Only costs incurred on or after the effective date of
the contract and on or prior to the end date of the contract are eligible for payment. A cost is incurred when the vendors employee or approved subcontractor performs
the service required or when goods are received by the vendor, notwithstanding the date of order.
In the event of default, noncompliance, or violation of any provision of this contract by the vendor, the vendors consultants) or contractor(s) and supplier(s), the vendor
agrees that the University will impose sanctions. Such sanctions include withholding of payment, retainage, cancellation, termination, or suspension of the contract in
whole or in part. In such an event, the University shall notify the vendor of such decision 30 days in advance of the effective date of such sanction. The sanctions
imposed by the University will be based upon the severity of the violation, the ability to remedy, and the effect on contract perfonnunee. The vendor shall be paid only
for those services satisfactorily performed prior to the effective date of such sanction.
The University, Florida Department of Transportation, Federal Highway Administration (FHWA), Chief Financiel Officer (CFO), and Auditor General (AG) of the
State of Florida, or any of their duly authorized representatives, shall have access to all books, documents, papers, and records of the vendor pertaining to this contact,
and to relevant books and records of the vendor, and its consultants and contractors under this contract, for the purpose of audit and examination as provided under
Applicable Federal Law.
in addition to review of audits conducted in accordance with 2 CFR Part 200, herein incorporated by reference, monitoring procedures may include, on -site visits by
University staff, limited scope audits as defined by 2 CFR Part 200, and status cheeks of contract activity via telephone calls from University stab to vendors. By
entering into this contract, the vendor agrees to comply and cooperate with monitoring procedures. In the event that a limited scope audit of the contract is performed,
the vendor arees to bring the project into compliance with the contractual service agreement. The vendor Further agrees to comply and cooperate with any inspections,
reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General.
The vendor agrees to comply with all provisions provided in Chapter 119 Florida Statutes. If the vendor receives a public records request conceming its work
undertaken pursuant to this contract, the vendor must take appropriate action as required by Chapter 119, Florida Statutes.
The University shall unilaterally cancel this contract if the vender refuses to allow public access to all documents, papers, letters, or other material subject to the
provisions of Chapter 119, F.S., and made or received by the vendor in conjunction with this contract.
Records of costs incurred under the terms of this contract shall be maintained and made available upon request to the University t all tunes during the period of this
contract and for five years after final payment is made. Copies of these documents and records shall be furnished to the University upon request. Records of costs
incurred include the vendors general accounting records and the contract records, together with supporting documents and records, of the vendor end all subcontractor
performine work on the co tract, and all other records of the vendor and subcontractors considered necessary by the University for a proper audit of costs,
The administration of resources awarded through the University to the vendor by this Agreement may be subject to audits and/or monitoring by the University. The
following requirements do not limit the authority of the University to conduct or arrange for additional audits or evaluations of contraete issued pursuant to Federal
awards or limit the authority of any State agency inspector general, the State of Florida Auditor General or any other State official. The vendor shall comply with all
audit and audit reporting requirements as specified below.
(a) In addition to reviews of audits conducted in accordance with 2 CFR. Part 200, Subpart F — Audit Requirements, monitoring procedures may include but not be
limited to on -site visits by University 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 contracts issued pursuant to Federal awards
provided through the University. By entering into this contract, the vendor agrees to comply and cooperate fully with any monitoring_ procedures/processes deemed
appropriate by the University. The vendor further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the
University, State of Florida Chief Financial Officer (CFO) or State of Florida Auditor General.
10
City of Miami
(b) The vendor, a non -Federal entity as defined by 2 CFR Part 200, Subpart F - Audit Requirements, as a sub -recipient of a contract pursuant to a Federal aveard
awarded by the University is subject to the following requirements:
(I) In the event the vendor expends a total amount of contracted funds pursuant to a Federal award equal to or in excess of the threshold established by 2
CFR Part 200, Subpart F - Audit Requirements, the vendor must have a Federal single or program -specific audit for such fiscal year conducted in
accordance with the provisions of 2 CFR Part 200, Subpart F - Audit Requirements. This contract provides the required Federal award identification
information needed by the vendor to further comply with the requirements of 2 CFR Part 200, Subpart F - Audit Requirements. In determining contacted
funds pursuant to Federal awards expended in a fiscal year, the vendor must consider all sources of Federal awards based on when the activity related to the
Federal award occurs, including the Federal award provided through the University by this contract. The determination of amounts of Federally awarded
funds expended should be in accordance with the guidelines established by 2 CFR Part 200, Subpart F - Audit Requirements. An audit conducted by the
State of Florida Auditor General in accordance with the provisions of 2 CFR Part 200, Subpart F - Audit Requirements, will meet the requirements of this
paTt
(2) In connection with the audit requirements, the vendor shah fulfill the requirements relative to the auditee responsibilities as provided in 2 CFR Part 200,
Subpart F - Audit Requirements.
(3) In the event the vendor expends less than the threshold established by 2 CFR Part 200, Subpart F - Audit Requirements, in Federal awards, the vendor is
exempt from Federal audit requirements for that fiscal year. However, the vendor must provide a single audit exemption statement to the Florida Department
of Transportation at''DOTS ir-<':eA..' 'i .tat. e_ll u: no later than nine months after the end of the sub -recipient's audit period for each applicable audit
year. In the event the sub -recipient 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 accordance with the provisions of 2 CFR Part 200, Subpart F - Audit Requirements, the cost of the audit
must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from the vendors resources obtained from other than Federal entities).
(4) The vendor must electronically submit to the Federal Audit Clearinghouse (FAC) at https:i,'l:arvrster.eensus.govlfnewe i the audit reporting package as
required by 2 CFR Part 200, Subpart F - Audit Requirements, 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. The FAC is the repository of record for audits required by 2 CFR Part 200, Subpart F - Audit Requirements, and this
Agreement. However, the Florida Department of Transportation requires a copy of the audit reporting package also be submitted to
FDOTSinaleAudit a dot.statc_tl.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,
(5) Within six months of acceptance of the audit report by the FAC, the Florida Department of Transportation will review the sub -recipient's audit 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 pertaining to the Federal award provided through the University by this contract. If the vendor fails to have an audit conducted in
accordance with 2 CFR Part 200, Subpart F - Audit Requirements, the University may impose additional conditions to remedy noncompliance. If the
University or the Florida Department of Transportation determines that noncompliance cannot he remedied by imposing additional conditions, the
University may take appropriate actions to enforce compliance, which actions may include but not be limited to the following:
a Temporarily withhold cash payments pending correction of the deficiency by the vendor or more severe enforcement action by the University;
b. Disallow (deny the use of funds for) all or part of the cost of the activity or action not in compliance;
c_ Wholly or partly suspend or terminate the contact;
d. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 130 and Federal awarding agency regulations (or in the case of
the University or the Florida Department of Transportation, recommend such a proceeding be initiated by the Federal awarding agency);
e. Withhold further contacts pursuant to Federal awards for the Project or program;
f. Take other remedies that may be legally available.
(6) As a condition of receiving this contract, the vendor shall permit the University, or its designee, the CFO or State of Florida Auditor General access to the
vendors records including financial statements, the independent auditor's working papers and contract records as necessary. Records related to utresolved
audit findings, appeals or litigation shall be retained until the action is complete or the dispute is resolved.
(7) The contact information for requirements under this part is as follows:
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0450
FDO SinssItA^ !i 6i-dot stat?.fs.us
(8) The vendor agrees to comply with Section 20,055(5), Florida Statues, and to incorporate in all subcontracts the obligation to comply with Section
20.055(5), Florida Statutes_ The vendor shall retain sufficient records demonstrating its compliance with the terms of this contract for a period of five years
from the date the audit report is issued and shall allow the University, or its designee, the CFO or State of Florida Auditor General access to such records
upon request. The vendor shall ensure that the audit working papers are made available to the University, 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 University.
The vendor shall establish and administer a system to control, protect, preserve, use, and maintain and track any property or materials purchased pursuant to this
contract.
Any dispute, disagreement, or question of fact arising under the contact may be addressed to the Program Manager in the FDOT State Safety Office in writing. The
Program Managers decision may be appealed in writing within 30 calendar days from the notification to the Governor's Highway Safety Representative, whose decision
is final. Address' arc:
11
City of Miami
FI orida Department of Trarspor Cation
Attn: Trenda McPherson, State Bicycle Pedestrian Safety Program Manager
State Safety Office, MS 53
605 Suwannee Street
Tallahassee, Florida 32399-0450
Florida Department of Transportation
Attn: Governor's Highway Safety Representative
State Safety Office, MS 53
605 Suwannee Street
Tallahassee, Florida 32399-0450
The vendor shall proceed diligently with the performance of the work in accordance with the contract and in accordance with the decision(s) resulting from dispute
resolution.
Conferences may be held at the request of any party to this contract. Representatives of the University, Florida Department of Transportation, or the U.S. Department of
Transportation (USDOT), or all the above, shall be privileged to visit the site for the purpose of inspection and assessment of work being performed at any time.
Subject to the limitations of Section 768.28, Florida Statutes, the vendor and any subcontractors that are party to this contract shall be required to defend, hold harmless
and indemnify the University, the Florida Department of Transportation, NHTSA, FHWA, and USDOT, from all claims and liability, or both, due to negligence,
recklessness, or intentional wrongful misconduct of the vendor, its contractor, consultant, agents and employees. The vendor and its contractors, consultants, agents, or
employees shall be liable for any loss of or damage to, any material purchased ordeveloped under this contract which is eaosed by the vendor and its contactors,
consultants, agents, or employees failure to exercise such care in regard to said material as a reasonable careful owner of similar materials would exercise. me parties
executing this contract specifically agree that no provision in this contract is intended to create in the public or any member thereof, a third party beneficiary, or to
authorize anyone not a party to this contract to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this contract.
Disadvantaed Business Enterprises (DBE)
(a) The vendor and its contractors, consultants, agents, or employees agree to the following assurance:
The vendor, its contractors, consultants, agents, or employees shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of
any USDOT-assisted contractor in the administration of its DBE program required by 49 CFR, Part 26, herein incorporated by reference. The vendor shall take all
necessary and reasonable steps under 49 CFR, Part 2 to ensure nondiscrimination in the administration of USDOT assisted contracts. Implementation of thia contract is
a legal obligation and failure to carry out these requirement, is a material breech of this contract, which may result in the termination of the contract or such other
remedy, as the sub -recipient, its implementing agency, or the Department deems appropriate.Upon notification to the vendor of its failure to carry out its approved
contractual services, the USDOT may impose sanctions as provided for under Pan 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C.
1001 andfor the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.), herein incorporated by reference.
(b) The vendor and its contractors, consultants, agents, or employees agree to include the following assurance in each subcontract with a consultant or contractor and to
require the consultant or subcontractor to include this assurance in all subsequent contracts:
The vendor, and its contractors, consultants, agents, or employees agree to comply and requite consultants and subcontractor to comply with 49 CFR, Part 20, New
Restrictions on Lobbying, herein incorporated by reference, for filing of certification and disclosure forms.
No funds contracted here under shall be used for the purpose of lobbying the legislature, judicial branch, or state agencies. Section 216.347, Florida Statutes.
None of the funds under this contract will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of
any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying
activities, with one exception. This dues not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State
or local legislative ofTcials, in accordance with customary State practice, even if such communications tree legislative officials to favor or oppose the adoption of a
specific pending leg,islative proposal.
If any provision of this contract is held invalid, the remainder of this contract shall not be affected. In such an instance the remainder would then continue to conform to
the terms and requirements of applicable law.
Outreach items cannot be freely distributed to the public without any action on a vendors part. Persons receiving outreach items should interact with the vendor in some
manner related to the goal of the contract to receive them. The results of each interactive activity must be reported in the monthly perfonancc report.
For contracts in excess of S 100,000 the vendor and its contractors, consultants, agents, or employees agree to comply with ail applicable standards, orders, or
regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), herein incorporated by
reference. The vendor shall include this provision in all subcontract awards in excess of $100,000.
The vendor and its contractors, consultants, agents, or employees agree that the University shall find the vendor and its contractors, consultants, asenis, or employees
ineligible for future funding for any of the following reasons:
o Failure to provide the required audits
o Failure to provide required reports in the required time frame
o Failure to perform work described in the contact scope of services
o Providing fraudulent reports or invoices
o Misuse of materials or equipment provided through this contract
12
City of 1Vlia121i
Each vendor and its contractors, consultants, and'or agents, shall have a written safety belt policy, which is enforced far all employees. A copy of the policy shall be
maintained by the vendor and/or contactor, consultant, or agent and made available for review if requested.
No person shall, on the grounds of race, color, religion, sex, hendicap, or national origin, be excluded from participation in, be refused the benefits of, or be otherwise
subjected to discrimination under this contract, or any project, program, or activity that receives or benefits from this contract. The vendor and its contactors,
consultants, agents, or employees agree to comply with Executive Order (E.O.) 11246, as amended by E.°. 11375, and as supplemented by 41 CFR, Parr 60, herein
incorporated by reference.
Vendors shall
(a) Utilize the U.S. Depart..ent of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor
during the tcmh of the contract;
(b) Expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland
Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term.
The vendor and its contractors, consultants, age. n;, or employees unilaterally agree to comply with all State and Federal Regulations referenced within and pursuant to
this contract.
Vendors will comply with all Federal statutes and implementing regulations relating to nondiscrimination ("Federal Nondiscrimination Authorities"). These include
but are not limited to:
(a) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin) and 49 CFR pat
21
(b) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose
property has been acquired because of Federal or Federal -aid progrruns and projects) 500-065-01 SAFE 04/17 19
(c) Federal -Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1636)
(prohibit discrimination on the basis of sex)
(d) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27
(e) The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age)
(f) The Civil Rights Restoration Act of 1937, (Pub. L. 100-209), (broadens scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age
Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all attic
programs or activities of the Federal aid recipients, Subrecipient's and contractors, whether such programs or activities are Federally funded or not)
(g) Titles 11 and 111 of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public
entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38
(h) Executive Order 12898, Federal Actions To Address Environmental Justice in Minority Populations and Low Income Populations (prevents discrimination against
minority populations by discouraging proararns, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and
low income populations); and
(i) Executive Order 13166, improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin
discrimination/discrimination because of limited English proficiency (LEP) by ensuring that banding recipients take reasonable steps to ensure that LEP persons have
meaningful access to programs (70 FR 74087-74100).
During the performance of this subgrant, the Subrecipient agrees:
(a) To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time
(b) Not to participate directly or indirectly in the discrimination prohibited by any Federal non-discrimination law or regulation, as set forth in appendix B of 49 CFR
part 21 and herein
(c) To permit access to its books, records, accounts, other sources of information_ and its facilities as required by the FIDOT State Safety Office, US DOT or NHTSA
(d) That, in event a vendor fails to comply with arty nondiscrimination provisions in this contract, the University will have the right to impale such contract sanctions as
it, the Florida Department of Transportation, or USDOT determine are appropriate, including bur not limited to withholding payments to the vendor under the
contract/agreement until the vendor complies; andfur cancelling, terminating, or suspending a contract or funding agreement, in whole or in part
(e) To insert this clause, including paragraphs "a" through `e", in every subcontract and sub -agreement and in every solicitation for a subcontract or sub -agreement
which receives Federal funds under this contract
The vendor will comply with provisions of the Hateh Act (5 U.S.C. 1501-1508), which Limits the political activities of employees whose principal employment
activities are funded in whole or in par with Federal funds. 500-065-01 SAFETY 04/17 20 49. Certification Regarding Federal Lobbying. The vendor certifies, to the
best of his or her knowledge and belief that:
(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of
any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into Many cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(b) [f any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal eontract, grant, loan,
or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure For:n to Report Lobbying," in accordance with its instructions.
(c) The Subrecipient shall require that the language of this certification be included in the award documents for all sub -award at all tiers (including subcontracts,
subgrants, and contracts under grant, loans, and cooperative agreements) and that all Subrecipienrs shall certify and disclose accordingly. This ccrti (cation is a material
representation of fact upon which reliance was placed when this transaction was made or entered into, Submission of this certification is a prerequisite for making or
entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to tale the required certification shell be subject to a civil penalty of not
less than $ 1 0,000 and not more than $100,000 for each such fail urc.
13
City of Miami
University of Florida
Letter of Agreement and Contract
CITY OF MIAMI, a Florida Municipal Corporation
By: Date:
Daniel J. Alfonso, City Manager
Attest:
By: Date:
Todd B. Hannon, City Clerk
Approved as to Form and Correctness:
By: Date:
Victoria Mendez, City Attorney
Approved as to Insurance Requirements:
By: Date:
Ann -Marie Sharpe, Director of
Risk Management