HomeMy WebLinkAboutExhibitExhibit A
Letter of Aureernent and Contract
In this contract between the City of Miami ("Vendor") and University of North Florida Training and Services
Institute, Inc., d/b/a Institute of Police Technology and Management ("IPTM"), a direct support organization of
the University of North Florida ("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 15, 2020.
Total contract amount will not exceed S81,860.23
The parties to this contract shall be bound by all applicable state and federal requirements as outlined in Florida
Department of Transportation (FDOT) Project #433144-1-8404, Contract #G1B36. All services must be completed by
May 15, 2020. The final invoice must be received by June 1, 2020 or payment will be forfeited.
It is expressly understood that the Vendor is an independent contractor, and not an agent of the FDOT or the
University of North Florida. The FDOT and the University's ("State Agencies" or individually "State Agency")
respective total liability in negligence or indemnity for acts of its employees or officers shall not exceed the limits of
their waiver of sovereign immunity provided under Section 768.28, Florida Statutes. The FDOT, the University, and
the Vendor shall each be responsible for its own attorney fees in the event of a dispute.
Vendor is a subdivision, as defied in Section 768.28, Florida Statutes, and Vendor agrees to be fully responsible only
to the extent provided by Section 768.28, Florida Statutes, for the negligent or wrongful acts or omission of any
employee of the Vendor while the employee is acting within the course and scope of the employee's employment, and
for any damages proximately caused by said acts or omissions or torts.
Nothing herein shall be construed as consent by a State Agency or political subdivision of the State of Florida to be
sued by third parties in any matter arising out of this contract. No State Agency or subdivision indemnifies any other
party or person beyond the extent permitted under the law, no matter what the circumstances. Nothing herein shall be
construed as a waiver by the pl)OT, the University, and the Vendor of any rights or limits to liability existing under
Section 768.28, Florida Statutes.
In accordance with the contract, the Vendor is authorized to perfoun 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.
This is a cost reimbursable contract. To be eligible for reimbursement, all costs must be allowable pursuant to state
and federal expenditure laws, rules and regulations and must be essential to the successful completion of the tasks
identified in this contract for services.
If a cost benefits more than one project, a determination must be made and documentation provided to support that the
cost is distributed in a reasonable and consistent manner across all benefiting projects
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, mil ess 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.
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City of Miami
E S ITB1T "A"
SCOPE OF SERVICES
PEDESTRIAN AND BICYCLE SAFETY
HIGH VISIBILITY EDUCATION AN'D ENFORCEMENT CAMPAIGN
OBJECTIVE:
The Florida Department of Transportation ("FDOT"), through a giant with University of North Florida
("University"), will utilize law enforcement support to reinforce safe pedestrian, bicyclist, and driver
behaviors in priority counties in Florida. The goal of this effort is to reduce traffic crashes resulting in
serious and fatal injuries to pedestrians and bicyclists using high visibility education and enforcement
details.
PURPOSE:
In 2017, 3,116 people lost their lives in traffic crashes on Florida's roadways. More than 25% of them
were pedestrians (659) and more than 4% were bicyclists (128).
The Purpose of this funding opportunity is to develop and implement effective community level high
visibility education and enforcement details in areas with the highest representation of traffic crashes
resulting in serious and fatal injuries to pedestrians and bicyclists.
The project Goal is to mitigate crashes by increasing awareness of and compliance with traffic laws that
protect the safety of pedestrians and bicyclists on Florida's roads.
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.
Speed, impairment, and distractions contribute to unsafe conditions for pedestrians and bicyclists and may
be included in enforcement operations where there is data to support the need for these interventions to
improve the safety of pedestrians and bicyclists.
Pedestrian decoys may only be included in enforcement operations to improve driver yield rates at mid -
block crossing locations to improve the safety of pedestrians and bicyclists.
This campaign is a component of Florida's BicycleiPedestrian Focused Tnitiative and is implemented by
the Institute of Police Technology and Management (IPTM) under the direction of the Florida Department
of Transportation (FDOT). This campaign supports the goals established in Florida's Pedestrian and
Bicycle Strategic Safety Plan. High Visibility Enforcement activities are being implemented to mitigate
crashes by educating pedestrians, bicyclists, and motorists on traffic laws pertaining to pedestrian and
bicycle safety and increasing compliance with those laws.
IPTM RESPONSIBILITIES:
IPT %.4 will provide the required training/training materials, a copy of Florida's Pedestrian and Bicycle
Strategic Safety Plan, and educational materials to the Vendor for distribution during enforcement
operations upon contract execution. Additional educational materials, bicycle lights, and electronic media
will may be requested by the Vendor but are subject to availability. IPTM reserves the right to review and
audit the Vendor's compliance with the terms of this Letter of Agreement and Contract. IPTM also
reserves the right to reduce the amount of funding allocated under this Letter of Agreement and Contract
when it is determined that the Vendor will be unable to properly utilize the full funding amount as outlined
herein.
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City of Miami
IV. VENDOR SERVICES AND P.ESPONSIB h:ITIES:
Vendor will provide high visibility education and enforcement of all road users, including pedestrians,
bicyclists, and motorists, to change behaviors and improve the safety of pedestrians and bicyclists. Vendor
will conduct on -street education and enforcement details at pre -approved locations within pre -approved
times and distribute educational materials with each contact. Education is the preferred method of behavior
correction. Warnings and/or citations to pedestrians, bicyclists, and motorists will be guided by the
Vendor's policies and procedures and must comply with Florida law. The Vendor shall submit detail
activity reports that document the education and enforcement outputs for each detail conducted during the
contract period.
To be reimbursable, activities conducted by the Vendor must meet the requirements listed in this Letter of
Agreement and Contract to include the following:
O Operations must begin within 30 days of the contract execution date. Exceptions require the approval
of PTM.
® Only overtime hours for sworn law enforcement officers are eligible for reimbursement (non -sworn
civilian personnel are not eligible).
• Funds may not to be used to supplant the Vendor's enforcement and educational efforts funded by
other local, state, or federal sources. Duplicated efforts are not eligible for reimbursement.
• Vendor will not be reimbursed for education and enforcement details that take place at locations
outside of those pre -approved by the FDOT.
• Vendor will not be reimbursed for education and enforcement details that take place outside of the
tunes of day pre -approved by the FDOT (each detail location may have different pre -approved times
of day).
Vendor will not be reimbursed for administrative time, travel time, meal breaks or other hours that are
not for participation in the education and enforcement overtime details or attendance at required
training.
e Each officer is limited to a maximum of six (6) hours of reimbursable overtime in any single day
(defined as 12:00 a.m. to 11:59 p.m.). There is no pay period limit.
• Officer training is mandatory. For their overtime hours to be reimbursable, officers working the
education and enforcement details must first complete the required four-hour training course titled
"Pedestrian and Bicycle Law Enforcement: Laws Procedures and Best Practices." Beginning
July 1, 2019, roll call videos and online quizzes do not qualify.
Note: The four (4) hour classroom -based training is provided free of charge through IPTM.
Information on how to schedule the four (4) hour classroom -based training will be provided to all
applicant agencies. The training delivery will be prioritized based on need. Officers are not required to
be trained before the agency applies for funding.
• Vendor may be reimbursed for a limited number of sworn law enforcement officers to attend the
required four-hour training course titled "Pedestrian and Bicycle Law Enforcement: Laws, Procedures
and Best Practices." For their overtime hours to be reimbursable, attendance at the training must be
within the contract period and must be on overtime status. Although every sworn law enforcement
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City of Miami
officer may attend the training, overtime reimbursement is limited to those officers who will actually
take part in education and enforcement details.
• Public awareness is a key element of the high visibility enforcement model. The Vendor is required to
distribute a minimum of two (2) media releases during the contract period. The first required media
release announcing that operations are beginning must be distributed a minimum of seven (7) days in
advance of the first education/enforcement detail. The second required media release must include a
reminder that details are ongoing. This second media release must be distibuted approximately
halfway through the contract period. Additional media engagement is strongly encouraged throughout
the contract period. Media releases may include social or digital media but must also be distributed
through local media outlets. Proof of media engagement must be provided within 30 days of the press
release or news report.
The Vendor shall distribute the provided safety educational materials during all education and
enforcement details. Materials will be provided to Vendor free of charge for this purpose.
• Vendor may elect to participate in bicycle light distribution to improve nighttime visibility and
compliance with F.S. 316.2065(7). A Bicycle Light Distribution Assurance Form or other
documentation provided by IPTM is required for each bicycle light set that is distributed. The required
documentation must be signed by the officer and submitted to IPTM.
6 Invoice submissions must document that each officer was on overtime status while working the
education and enforcement details in order to be eligible for reimbursement.
APPROVED PERSONNEL LIST
Prior to commencing the services outlined under this contract, Vendor rnust submit a signed and dated list
of personnel authorized to participate in overtime details under this agreement. The name and fully -loaded
hourly overtime rates to be used for each officer must be submitted with the personnel authorization. The
overtime rates may include the costs of hourly overtime plus associated fringe benefits paid upon the
overtime. Only hours from officers listed and within +1- $5.00 of the rates shown on the authorized
personnel list are eligible for reimbursement under this agreement. The authorized personnel list shall be
updated as need to add officers and update overtime pay rates.
EN -VOICES
VOICES
Invoices must be submitted at least monthly (every 30 days), beginning within 60 days of the contract
execution date. Invoices must contain the following:
• Invoice to include summary of hours charged and total due. Vendor must use the invoice
template provided by IPTM.
• Timesheets to include total hours worked for each individual officer. Total hours include
hours worked on this contract and all regular hours that the officers worked during the billing
period. The timesheets should clearly indicate that the hours charged to this HVE contract are
overtime hours. All hours must be documented and the documentation submitted with each
invoice. Vendor may use the supplied Personnel Services Tmmesheet template. Vendor may
also use agency timesheet records as long as all regular work hours and the overtime HVE
detail hours are shown. If the vendor uses its own agency timesheet records, it is requested
that the location of each HVE detail be written beside the corresponding overtime entry.
• Payroll documentation: Vendor must submit payroll documentation to accompany each
invoice. This payroll documentation should clearly indicate that the detail hours worked under
this contract were on overtime status along with the overtime rates that were paid. As this is a
cost -reimbursable contract, IPTM can only reimburse the Vendor for an amount up to the total
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City of Miami
costs incurred for the overtime worked; therefore, Vendor must include either a pay stub or
payroll ledger documenting payment to each officer for which reimbursement is requested. It
is the responsibility of the Vendor to redact any personally identifiable information such as
Social Security numbers prior to submission.
• Detail Activity Reports: Vendor shall submit detail activity reports in a format and through
an online portal designated by IPTM. The reports will document each detail conducted and
show the officers assigned, date, times, location, contacts made, number of materials
distributed, and the numbers of warnings and citations issued to motorist, pedestrians, and
bicyclists for each statute. Detail Activity Reports shall_ be consistent with the corresponding
invoices and payroll documentation.
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 the provided online platfouini is unavailable,
invoice documentation can be sent electronically to ped.bi_lke.safety r iutrt.ore
PRE-AFPROVED LIVE LOCATIONS
Education and enforcement overtime details are only authorized at locations (specific intersections,
corridors, and/or regions) that have been pre -approved by the FDOT. Vendor may not be reimbursed for
efforts conducted at locations that have not been pre -approved or that take place prior to the date of the
approval.
Pre -approved locations will be listed on the FY 2020 Approved FIVE Locations Form supplied by IPTM.
Each pre -approved location will have clearly defined boundaries, times of day in which the overtime
details can be worked, and an approval date.
As the goal of this initiative is to mitigate traffic crashes resulting in serious and fatal injuries to
pedestrians and bicyclists, approval decisions must be driven by data and the most severe high crash
locations for these types of collisions will receive priority approval. Less severe crash locations and other
identified hazardous areas will be approved on a case -by -case basis.
In order to quickly respond to other locations where pedestrian and/or bicyclist serious and fatal injury
crashes are developing or worsening, additional HVE locations can receive pre -approval during. the
contract period. In order to obtain pre -approval of additional locations during the contract period, Vendor
can submit a Supplemental HVE Location Approval Request Form. If approved, the location(s) will be
added to the FY 2020 Approved HVE Locations Form and HVE overtime details will be authorized and
reimbursable after the approval date.
All HVE education and enforcement overtime detail locations must be approved by the FDOT.
REQUESTS FOR ADDITIONAL FUNDING
The Vendor may request an increase to the total funding amount of this contract during the contract
period. If the funding is available, the increased funding request may be considered if the Vendor has:
• satisfied all of the provision listed within this contract
• submitted timely invoices and detail activity reports
• conducted HVE overtime detail efforts in a manner that supports the stated goal
• expended 70% or more of the current contract funding amount
• pedestrian and bicyclist crash circumstances within the Vendor's jurisdiction support the increased
funding amount
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City of Miami
Increased funding will be based upon availability and must be approved by the FDOT.
Increased funding will be accomplished through an amendment to this contract which must be signed by
the FDOT, Vendor, and IPTM.
Requests for increased funding must be submitted to IPTM and received by Febm y 28, 2020.
NON-DISCPMIIATION 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)
httn:// _;w.le9 state.fi.usfstatutes/index.cfm?An n mode=_Di lav Statute UT: =0f00-
0799/0760/0760.html
V
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
Enforcement. lattps://www.fdl .state.f as/Ccntent:VIS'- _ei i?'Office -Reli nts-fir ai -P i -
Ethi c_l-Standard_-of-Conduct.asox
CORE ACTIVITY PERFORMANCE MEASURES / AILNENIUM LEVEL OF SERVICE TO BE
PERFORMED AND CRITERIA FOR EVALUAILNG SUCCESSFUL COMPLE I ION.
Each law enforcement agency is encouraged to complete all of the tasks as outlined within this contract.
All agencies are required to complete a minimum of (80%) eighty percent of contracted efforts 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.
CONSEQLT,NCES FOR NON-PERFORMANCE
If the Vendor is unable to properly utilize the full funding amount as outlined herein, the amount of
f3.inding for subsequent periods may be reduced. In the event that the required services are in dispute, the
invoice niay be pro -rated, reduced, or payment withheld until adequate documentation is provided to
support the completion of such services and the dispute is resolved. If 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.
Failure to submit invoices, detail activity reports, or other deliverables as outlined in this contract may
result in termination of the agreement.
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City of Miami
EXPTF 1T "B"
EFFORT SUNTLARY
PE➢ESTPJAN AND BICYCLE SAFETY
HIGH `TSIBi3IT'' EDUCATION AND ENFORCEMENT CA3IPAIG?
QUANTIFIABLE, MEASURABLE, AND VERIFL ELE DELIVERABLES
O Approximately 1,264 personnel overtime hours will be worked at approved locations and during approved
times during the contract period.
O At least two (2) media engagements will be conducted during the contract period.
o Detail Activity Reports will be submitted for each education and enforcement detail worked.
• Bicycle Light Distribution Assurance Forms zYill be provided for each bike light distributed.
• Invoices will be submitted for each month or payroll period in which overtime details were per foed.
PERFORMANCE ISITASITRES
Proof of performance documentation must be submitted. This includes, but is not limited to, the following:
® Detail Activity Reports
• Proof of media engagements
o Proof of overtime hours worked
Total contract amount not to exceed: S81,860.23
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City of Miami
e ter o nent and Contract
University of North Florida Training and Services Institute, ine.
dlb/a. Institute of Police Technology and Management
S�= i Shnm-n, President
Cameron Pucci, Director
Date
Date
VENDOR ACI O LEDGEW 'NT: By signing below, I certify that I have read the entire document, 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 Name: City of Miami
Address: 444 SW 2°a Ave.. Mitrni, FL 33130
Vendor's Authorized Agent Signature Date
Printed Name Title
.,� #^% T UAL S iY l e v ip,I HN'-
i;o', ;.= isrED AND APPM
‘114 01 .1- I to =A;'W
.:air_ =sicya,e PEOE.
r.44 MAW 3E
FDOT APPROVAL
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City of Miami
Florida Department of Transportation (FDOT) Project # 433144-1-8404, Contract # G0Y79
State and Federal Requirements:
FEDET<_AL RESOURCES AWARDED PURSUANT TO THIS CO?. IKACT ARE SUBJECT TO THI FOLLOWING AUDIT RE.OII1P.EiTENTS:
2 CFR Part 200 — Uniform Administrative Requirements, Cost Principles & Audit Requirements for Federal Awards :;. �. _.•-
FEDERAL RESOURCES AWARDED PURSUANT TO THIS CON IRACTT MAY ALSO BE SUBJECT TO TF[E FOLLOWING:
Title 23 — Highways, United States Code
hrtrelluKcdle.housegoviorowse.xhted
Title 49 — Transportation, United States Code
httra:fivistrdeb use govrbmwse.xhtml
MAP-21 — Moving Ahead for Progress in the 21 e Century, P.L. 112-141
Federal Highway Administration— Florida Division
w v -v •. fe wa_dct.5!ov!ildiv
Federal Funding Accountability and Trnsparency Act (FFATA) Sub -award Reporting System (FSRS)
WWW.f r=.any
FEDERAL RESOURCES AWARDED PURSUANT TO THIS CONTRACT ARE SUBJECT TO THE FOLLOWING REOUIREMENTS:
Failure to submit progress reports and invoices as outlined in the Letter of Agreement and Contract may result in temination of the agreement; nuw render the
vendor ineligible for reimbursement of expenses; and may render the vendor ineligible for future consideneation for funding under this program.
Tithe contract is terminated, the funds may be reallocated to other contracts.
Invoic must be submitted as outlined in the Letter of Agreement and Contract, must meet the timeline established in the attached contract for services, and must
include all required documentation as outlined in the contract for sccr4ices.
AL invoices must contain the full deiaiis of each expenditure srrfcien.t to support- tt a proper pre -audit and post audit based on the scope of wore and services
identified in the Letter of Agreement and Contract.
ALA invoices shall be signed by an Authorized Representative of the vender or their delegate.
Payment will be made only after receipt and approval of goods and services as outlined in the attached contract and exhibits_ Tithe University determines that the
performance of the vendor is unsatis otory, the University shall notify the vendor of the deficiency to be correc eed, which correction shall be made within a time -
frame to be specified by the University.
The vendor shall, within five days after notice ftem the University, provide the University with a corrective action plan describing how the vendor will address all
issues of contract non-pe or nance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-
compliance.
lithe 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 retainage shall be applied to the invoice for the then -current billing period The retainage shall be withheld until the vendor resolves the deficiency.
lithe deficiency is subsequently resolved, the vendor may bill the University for the retained amo.mt during the next billine period. lithe. 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 as an advocate for vendors
who may be experiencing problems in obtaining h-nely payment(s) from. a state agency or University. The Vendor Ombudsman may be contacted at (850) 413-
5516.
Tne vendor shall establish fiscal control and fund aecotmting 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 Administrative 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(2)(a) and 287.134(2)(a), 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 fora 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 budding 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 s. 287.017 for CATEGORY TWO for a period 01.36 months following the date of being placed on
the convicted vendor list.
(b) Section 287.134 (2Xa), 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 construction or repair of a
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City of Miami
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.
All invoices for services shall contain the following certification statement and must be signed by the vendor financial representative:
"All costs are true and valid costs incurred in accordance with the agreemeent, deliverables were received and accepted "
The University and FDOT State Safety Office shall review and approve is writing all amendments to consultant and contractual service 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 govern such changes will be considered for approval
Requests for amendment shall be 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 amendment to the contract. Any contract amendment executed without prior written
approval of the University and FDOT State Safety Office will not be reimbursable under this contract.
The alowabiiity of costs incurred under any contract shall be deter ined in accordance with the general principles of allowability 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 State 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, Governnmentwide Debarment and Suspension (Nonproeurerent) and Goverrnrnentwide
Requirements for Drug -Free Worlgalaee, herein incorporated by reference, the vendor shall not be reimbursed for the cost of goods or services received from
contractor, consultants, vendors, or individuals suspended, debarred, or otherwise excluded from doing businms 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
41U.S.C. 253(g) (currently $25,000).
Ha vendor has not commenced within 30 days after the aeceptance 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 dumbed herein has not begun, a further statement of
implementation delay will be submitted by the vendor to the University. T?he vendor agues 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 implemenatlon date
of the project past the 60-day period. In this case, formal a itten 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 itcuaed 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 consultant(s) or contractor(s) and sapplier(s), the
vendor agrees that the University will inn lose sanctions. Such unctions 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 performance. 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 Art:ainis-tration (FHWA), Chief Financial Officer (CFO), and Auditor General (AG) of the
State of Florida, or any of their duly authorized representatives, shall have access to all hook:, documents, papers, and records ofthe vendor pertaining to this
contract, a-nd to relevant books and records of the vendor, and its consultant and contractors under this contract, for the purpose of audit and examination as
provided under Applicable Federal Law.
In addition to review of audit conducted in accordance with 2 CFR Patti 200, herein incorporated by reference, monitoring procedures may include, on -site visits
by University staff, limited scope audits as defined by 2 CH( Part 200, and status checks of contract activity via telephone calls from University staff 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 agrees to bring the project into compliance with the contractual service agreement. The vendor further agrees to comply and cooperate with
any inspectious, 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 concerning it 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 vendor 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 incuuel. under the terms of this contract shall be maintained and made available upon request to the University t all times 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 and all
subcontractors perforating work on the contract, 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 requirement do not limit the authority of the University to conduct or arrange for additional audits or evaluations of contracts 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.
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City of Miami
(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 andior other procedures including, reviewing any required perfonr:ance and financial reports, following up, ensuring
corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to contacts issued pursnmt to Federal
awards provided through the University. By entering into this contract, the vendor agrees to comply and cooperate Daily 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.
(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 award
awarded by the University is subject to the following requirements:
(1) 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 progntm-specific audit for such fiscal year conducted in
accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements. This contact 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
contracted 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 a:-noun
of Federally awarded finds 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 t he provisions of 2 CFR Part 200, Subpart F — Audit Requirements, will
meet the requirements of this part.
(2) In connection with the audit requirements, the vendor shall fulfill the require rents 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 — Andit 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 MOTS i_udi:r''d, ' ate.fl.us 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 elect_ to have an audit conducted in accordance with the provision 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 ht psithar: tencensus.gov% acweb/ 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 reports) 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 requim a copy of the audit reporting package also be submitted to
FDOTSingle;udi re =_tsar..fLus 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 ta_kenpertaining to the Federal award provided through the University by this contact. If the vendor fails to have an audit
conducted in accordance with 2 Cafe 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 be 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 conaction 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 contract;
d. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180 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 contracts 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
unresolved 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
FDOTSintheAuditwdot.state.fl.us
(8) The vendor agrees to comply with Section 20.055(5), Florida Statutes, 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 fora 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
11
City of Miami
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 a'tmihister 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 contract maybe 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' are:
Florida Department of Transportation
Attn: Trenda McPherson, State Bicycle Pedesu ian 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 parry 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 assees,r.ent of work being performed
at any time.
Subject to the limitations of Section 768.28, Florida Statutes, the vendor and any subcontractor that are party to this contract shall be required to defend, hold
harmless and .ndemntify the University, the Florida Department of Tran yortation. NI-1TSA, FsiWA, 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 v e dor and its contractors,
consultants, agents, or employees shall be liable for any loss of, or damage to, any material purchased or developed under this contract which is caused by the
vendor and its contractors, consultants, agents, or employees failure to exercise such care in regard to said material as a reasonable careful owner of similar
materials would exercise. The 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 irtjuries or property damage pursuant to the terms
or provisions of this contract.
Disadvantaged Business Enterprises (DBE)
(a) The vendor and its contractors, consul=its, agents, or employees agree to the following assurance:
The vendor, its contractors, consultants, agents, or employees shall not discriminate on the basis (grace, color, national origin, or sex in the award and performance
of any USDOT-assist contract or in the administration of its DBE prod am 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 this
contract is a legal obligation and failure to cagy out these requirements is a material breech of this contract, which may result in the termination of the contact 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 Part 26 and may, in appropriate cases, refer the matter for• enforcement
under 18 U.S.C. 1001 and or the ProgrearnFraud 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 subse.pent contracts:
The vendor, and its contractors, consultants, agents, or employees agree to comply and require consultants and subcontractors 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 hereunder 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 does not preclude a State official whose salary is supported with N1iTSA funds from engaging in direct
communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor
or oppose the adoption of a specific pending legislative proposal
If any provision of this contact 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 requirement of applicable law.
Outreach items carnet be freely distributed to the public without any action on a vendors part. Persons receiving outreach items should interact with the vendor in
some mnnrer related to the goal of the contract to receive them. The r-ults of each interactive activity must be reported in the monthly performance report.
For contracts in excess of S109,000 the vendor and its contractors, consultants, agents, or employees axes to comply with all 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 S 100,000.
The vendor and its contractors, consultants, agents, or employees agree that the University shall find the vendor and its contractors, consulants, agents, or
employees ineligible for future funding for any of the following reasons:
12
City of Miami
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 contract scope of services
o Providing fraudulent reports or invoices
o Misuse of materials or equipment provided through this contract
Each vendor and its contractor, consultants, andior agents, shall have a written safety belt policy, which is enforced for all employees. A copy of the policy shall
be maintained by the vendor andi'orcontractor, consultant, or agent and made available for review if ttq jested.
No person shall, on the grounds of race, color, religion, sets, handicap, 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, prom, or activity that receives or benefit from this contract. The vendor and its
contractor., consultants, agents, or employees agree to comply with Executive Order (E.O.) 11246, as amended by E.O. 11373, and as supplemented by 41 CFR,
Part 60, herein incorporated by reference.
Vendors shall
(a) Utilise the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the
Vendor/Contractor during the term of the contract
(b) Expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise uiilive 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 it contractors, consultants, agents, or employees unilaterally ague 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 Right Act of 1964 (42 U.S.C. 2000d et seq., 78 sta. 252), (prohibits discrimination on the basis of race, color, national origin) and 49 CFR
part 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 programs and projects) 500-065-01 SAFETY 04/1719 •
(c) Federal. -Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title LK of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-
1686) (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 1987, (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 of
the prop 'ms or activities of the Federal aid recipients, Subrecipient's and contractors, whether suchprograms or activities are Federally funded or not)
(g) Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public
entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38
(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, policies, and activities with disproportion.. -rely 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 aaainat Title VI national origin
discrimination/discrimination because of limited English proficiency (LEP) by ensuring that funding recipients pike 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 proubiteed 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 FDOT State Safety Office, US DOT or
N TSA
(d) That, in event a vendor fails to comply with any nondiscrimination provisions in this contract, the University will have the right to impose such contract
sanctions as it, the Florida Department of Transportation, or USDOT determine are appropriate, including but not limited to withholding payments to the vendor
under the contract/agreement until the vendor complies; and/or 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 -ate eement,
which receives Federal funds under this contract
The vendor will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment
activities are funded in whole or in part with Federal funds. 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 Snaking 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.
(b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee ofCongress, or an employee of a Member of Congress in connection with this Federal contract,
grunt, loan, or cooperative agreement, the under -shamed shall complete and submit Standard Form-LLL, "Disclosure Fora 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,
sub_erants, and contracts under grant, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly. This certification is a
material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for
13
City of Miami
making or entering. into this to n ction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be s ject to a
civil penalty of not less than $10,C-00 and not more than S100,000 for each such failure.
14
City of Miami
2019-2020 Pedestrian and Bicycle Safety
High Visibility Education and Enforcement Campaign
Site Location Approval Re -quest
Agency Name: Miami PD
HVE Location Number: 1
HVE Location Description: SW 7th St from SW 8th St to SE 2nd Ave
Pedestrian/Bicycle crashes occurred most often and HVE details are to be authorized between:
9:30 am — 6:30 pm
Prepared by:
Jessica Harden 8/28/19
Name Date
MOT Approval
1PP Li a
1.1
Name
•ti'v-)PLA-bt
Date approved
2019-2020 Pedestrian and Bicycle Safety
High Visibility Education and Enforcement Campeig,n
Site Location Approval Request
Agency Name: Miami PD
HVE Location Number: 2
HVE Location Description: SW 8th St from SW 27th Ave to SE 2rd Ave
•.;
Pedestrian/Bicycle crashes occurred most often and HVE details are to be authorized between:
8:30 am — 10:30 pm
Prepared by:
Jessica Harden 8/28/19
Name Date
yp r-N7-`,17,7rirr
FDOT Approval i:,1„iirn1
1Le EeeL-11
Name
Date approved
2019-2020 Pedestrian and Bicycle Safety
High Visibility Education i and Enforcement C mt ian
Site Location Approve! Request
Agency Name: Miami PD
HVE Location Number: 3
HVE Location Description: NW 36th St from NW 25th Ave to I-95
.3 h `
Pedestrian/Bicycle crashes occurred most often and HVE details are to be authorized betwee
8:30 pm — 7:00 am
Prepared by:
Jessica Harden
Nacre
FDOi Approval j �E;�
Name
8/28/19
Date
16
Date approved
2019-2020 Pedestrian and Bicycle. Safety
High Visibility Education and Enforcement Campaign
Site Location Approval Request
Agency Name: Miami PD
HVE Location Number:4
HVE Location Description: NW 12th Ave from NW 7th St to SW l't St
Pedestrian/Bicycle crashes occurred most often and FIVE details are to be authorized between:
8:00 am —11:00 pm
Prepared by:
Jessica Harden 8/28/19
Name Date
FDOT Approval
Name
biiUg ij
MLLII
,1?)
Date approved
201e-2020 Pedestrian and Bicycle Sal'ety
High Visibility Education anc Enforcement Carnpain
S!te Location Approval Request
Agency Name: Miami PD
HVE Location Number: 5
HVE Location Description: W Hagler St from 72nd Ave to SW 42 Ave
Pedestrian/Bicycle crashes occurred most often and HVE details are to be authorized between:
6:00 am —12:00 am
Prepared by:
Jessica Harden
Name Date
FDOT Approval F
i.P t
8/28/19
Name
Date approved
University of North Florida Training and Services Institute, Inc.,
d/b/a Institute of Police Technology and Management
Letter of Agreement and Contract
Communication and High Visibility Enforcement
CITY OF MIAMI, a Florida Municipal Corporation
By: Date:
Emilio T. Gonzalez, 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