HomeMy WebLinkAboutExhibitWHEREAS, no matching funds are required from the City;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. The following new Special Revenue Project is established and resources are
appropriated as described below:
FUND TITLE: Communication and High Visibility Enforcement
RESOURCES: University of North Florida Training and Services Institute, Inc., dibla
Institute of Police Technology and Management
("IPTM") and FDOT: $93,015.67
APPROPRIATIONS: Reimbursement of overtime expenses: $93,015.67
Section 3. The City Manager is authorized {1} to execute the Agreement, in substantially the
attached, between the City and IPTM for reimbursement of overtime expenses in an amount not to
exceed $93,015.67 for MPD officers conducting traffic enforcement details and community education
initiatives consistent with the pedestrian and bicycle safety enforcement campaign.
Section 4. The City Manager is further authorized {1} to designate the Chief of Police to
execute any and all other necessary documents, in a form acceptable to the City Attorney, for the
acceptance of said reimbursement funds.
Section 5. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor {2}
APPROVED AS TO FORM AND CORRECTNESS:
Victoria Mendez
CITY ATTORNEY
..Footnotes
{1} The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney including but not limited to those prescribed by applicable City Charter
and City Code provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
RON I)FSANTIS
GOVERNOR
October 13, 2020
FDDT
Florida Department of Transportation
605 Suwannee Street
TaUjhassee,F.L 32399-0450
Mr. Al Roop, Assistant Director
Institute of Police Technology and Management
University of North Florida
12000 Alumni Drive
Jacksonville, FL 32224
RE: Project Name:
Project Number:
Contract Number:
Dear Mr. Roop:
KEVIN r. rr rn� uc.T, P.E.
SECRETARY
Florida's Bicycle Ped est rian Focused Initiative:
Communication and High Visibility Enforcement
433144-1-8404
G1B36
We have reviewed the attached draft subcontract agreement with the City of Miami for High
Visibility Enforcement in the amount of $93,015,67 and it is hereby approved. The subcontract
agreement will be effective the date the last party signs it, and only charges incurred for services
provided betweenthe date of execution and May 14, 2021 will be allowable for reimbursement_
Please send us a copy of the executed subcontract after it has been signed. We will not be able to
process invoices for the services until we receive a copy of the executed subcontract.
If you have any questions, please feel free to contact me at tr ilcia.meplicrsoma doLstateil.us or
(850) 414-4025.
Sincerely,
Trenda. McPherson, FCCM
State Bicycle Pedestrian Safety Program Manager
Ittn
cc: Project File
www.fdot.gov
Letter of Agreement and Contract
In this contract between the City of Miami ("Vendor") and University of North Florida Training and Services
Institute, Inc., d/bla Institute of Police Technology and Management ("IPTM" L 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 14, 2021.
Total contract amount will not exceed $93,015.67
The parties to this contract shall be bound by all applicable state and federal requirements as outlined in Florida
Department of Transportation (FDOT) Project 11433144-1-8404, Contract #G1B36. Alt services must be completed by
May 14, 2021. The final invoice must be received by June 4, 2021 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 ("Slate 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 defined 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 attic 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 FDOT, 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 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.
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 trust be essential to the successful completion of the tasks
idetltilletl 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
coat 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, 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.
1
City of Miami
EXHIBIT "A"
SCOPE OF SERVICES
PEDESTRIAN AND BICYCLE SAFETY
HIGH VISIBILITY EDUCATION AND ENFORCEMENT CAMPAIGN
OBJECTIVE:
The Florida Department of Transportation ("FDOT"), through a grant 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.
II. PURPOSE:
In 2017, 3,135 people lost their lives in traffic crashes on Florida's roadways. More than 22% of there
were pedestrians (720) and more than 5% were bicyclists (160).
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 Bicycle/Pedestrian Focused Initiative 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 Nan. 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.
III. IPTM RESPONSIBILITIES:
IPTM 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
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.
2
City of Miami.
IV. VENDOR SERVICES AND RESPONSIBILITIES:
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
tires and distribute educational materials with each contact. Education is the preferred method of behavior
correction. Warnings andlor citations to pedestrians, bicyclists, and motorists will be guided by the
Vendor's policies andpt'occdw-cs and inusl comply with Florida law, The Vendor shall record all detail
activity that documents the education and enforcement outputs for each detail conducted during the
contract period using the provided online platform.
To be reimbursable, activities conducted by the Vendor must meet the requirements listed in this Letter of
Agreement and Contract to include the following:
• Operations must begin within 30 days of the contract execution date. Exceptions require the approval
of IPTM_
• 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
day(s) and times of day pre -approved by the FDOT (each detail location may have different pre -
approved days and 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.
• Each officer is limited to a maximum of six (6) hours of reimbursable overtire 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." To remain
eligible, officer "refresher training" is required for any officer who completed the four-hour training
course titled "Pedestrian and Bicycle Law &On -cement: Laws, Procedures and Best Practices" prior
to June 30, 2019. The refresher training class titled "Pedestrian & Bicycle Safety: A Law
EnforcenentReview" is not a substitute for the 4-hour classroom course for initial eligibility into this
program.
Note: Due to COVID-19, IPTM reserves the right to substitute the eligibility between the two
listed training courses. The four (4) hour classroom -based training and the two (2) hour online
refresher training course is provided free of charge through IPTM. Information on how to schedule the
four (4) hour classroom based training or the two (2) hour online refresher training course 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.
3
City of Miami
• 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 Eigbrcement: Laws, Procedures
and Best Practices" or the two (2) hour online refresher training course titled "Pedestrian & Bicycle
Safety: A Law Enjbrcernent Review". For their overtime hours to be reimbursable, attendance at the
training must be within the contract period and must be on overtone status. Although every sworn law
enforcement 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 distributed 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. 31.6.2065(7). A Bicycle Light Distribution Assurance Form 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 along with the detail report for the period in which the lights were
distributed.
• 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 must submit a list of personnel
authorized to participate in overtime details under this agreement through the provided online platform.
The name and fully loaded hourly overtime rates to be used for each officer must be submitted. 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 +/- $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 needed to add officers and update overtime pay rates.
INVOICES
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.
• Payroll documentation! Vendormu_st 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 costs incurred for the overtime
worked; therefore, Vendor must include either a pay stub or payroll ledger documenting payment to
4
City of Miami
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: Vendor shall record detail activity that documents the education and enforcement
outputs for each detail conducted through the provided online platform The activity will document
each detail conducted and show the officers assigned, date, days and/or times, location, contacts made,
number of materials distributed, and the numbers of educational contacts, warnings and citations
issued to motorists, pedestrians, and bicyclists for each statute. Detail Activity submissions shall be
consistent with the corresponding invoices and payroll documentation.
All invoices must be submitted through the provided online platform. In case the provided online platform
is unavailable, invoice documentation can be sent electronically to ped.bikesafety@.iptm.org
PRE -APPROVED FIVE LOCATIONS
Education and enforcement overtime details are only authorized at Iocations (specific intersections,
corridors, and/or regions) that have been pre -approved by the FDOT. Vendor may not be reimbursed for
e fforts conducted at locations that have not been pre -approved or that take place prior to the date of the
approval.
Each pre -approved location will have clearly defined boundaries; day(s) and times of day in which the
overtime details can be worked and will be outlined in Exhibit "C".
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 arc 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
must submit a request to IPTM in writing and provide data to support the need. If approved, the
location(s) will be added to the Vendor's current executed contract 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 record of detail activity submissions
• 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
Increased funding will he based upon availability and niust be approved by the FDOT.
Increased funding will be accomplished through an amendment to this contract which roust be signed by
the FDOT, Vendor, and IPTM.
Requests for increased funding must be submitted to IPTM and received by February 26, 2021.
5
City of Miami
NON-DISCRIMINATION AND ETHICAL STANDARDS
No person shalt, 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)
littp://www.ieg.state_it.iisistag€te`/inder.e:lni?App nu de-1?:splsiy_Stat.utc&ifRlr 0700-
0799 076(l r0760. ht€r i
All officers participating in iligh Visibility Enforcement activities arc required to comply with the Law
Enforcement Officer Ethical Standards of Conduct as established by the Florida Department of Law
Enforcement. https_//www.fdle.state.tl.usiContent!CJS IMenu-Officer.Requirements-Main-Paize Ll•. -
Ethical-Standards-of-Conduct.aspx
CORE ACTIVITY PERFORMANCE MEASURES / MINIMUM LEVEL OF SERVICE TO RE
PERFORMED AND CRITERIA FOR EVALUATING SUCCESSFUL COMPLETION.
Each law enforcement agency is encouraged to complete all of the tasks as outlined within this contract.
All agencies arc required to cornplcte 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 perforrxiance expectations that were met.
CONSEQUENCES FOR NON-PERFORMANCE
If the Vendor is unable to properly utilize the full funding amount as outlined herein, the amount of
funding for subsequent periods may be reduced. In the event that the required services are in dispute, the
invoice may 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.
6
City ofMiami
EXHIBIT'°B"
EFFORT SUMMARY
FLORIDA'S PEDESTRIAN AND BICYCLE FOCUSED INTITIATIVE COMMUNICATIONS
AND HIGH VISIBILITY ENFORCEMENT CAMPAIGN
QUANTIFIABLE, MEASURABLE, AND VERIFIABLE DELIVERABLES
• At least two (2) media engagements will be conducted during the contract period.
• Detail Activity Reports will be submitted for each education and enforcement detail worked.
• Bicycle Light Distribution Assurance Forms will be provided for each bike light distributed.
• Invoices will be submitted for each month or payroll period in which overtime details were performed.
PERFORMANCE MEASURES
Proof of performance documentation must be submitted. This includes, but is not limited to, the following:
• Detail Activity Submissions
• Proof of media engagements
• Proof of overtime hours worked
Total contract amount not to exceed: $93,015.67
7
City of Miami
EXHIBIT "C"
LOCATIONS FOR THE CITY OF MIAMI
FLORIDA'S PEDESTRIAN AND BICYCLE FOCUSED INTITIATIVE COMMUNICATIONS
AND HIGH VISIBILITY ENFORCEMENT CAMPAIGN
Map Location
Roadway Name
From
To
Times
Day
8
NW 36`h St
NW 27th Avenue
1-95
0000 - 2300
Sun, M, W, TH
9
NW 27th Avenue
NW 15`" Street
NW 20th Street
1600 — 0600
TH, F
I0
NW 12th Avenue
SW 1' Street
NW 7th Street
0800 — 2300
Sun, F, Sat
1 I
SW 1" Street
SW l.9`h Avenue
SW 6'h Avenue
0700 — 2200
M, TH
12
DTWN Coral Gables
- SW 37th Avenue
Madeira Avenue
Miracle Mile
0900 — 0000
T, W, F
18
NW 7'h Avenue
NW 46'h Street
NW 71 S` Street
0800 — 0000
Surf, F, TH
19
SW 8th Street
SW 24t Avenue
SW 5t Ave
0800 — 0100
M, F, Sat
20
W. Flagler Street
NW 72' Avenue
NW 31' Avenue
0000 — 0000
Sun, M, W, TH
23
SW 57th Avenue
SW 2" `' Street
NW 7th Street
0900 — 2200
TH, F
29
NW 5.4th Avenue
NW 17U' Avenue
NW 3rd Avenue
0200 — 2300
Sat, Sun
31
NW 27th Avenue
NW 35th Street
NW 37th Street
1400 — 2100
Sun, M, W, TH
37
NW 12th Avenue
NW 11`'' Street
NW 12'h Street
0700 — 0200
Sun, TH, F, Sat
38
SW 8'h Street
SW 76th Court
SW 67th Avenue
0500 — 2200
F
41
Bird Road
SW 39"' Avenue
S. Dixie Hwy
0300 — 2300
Sun, T, Sat
45
NW 79`h Street
NW 6th Avenue
N. Miami Avenue
1100 — 0000
Sun, T
48
NW 7th Avenue
NW 8`h Street
NW 14`'' Street
1400 — 2300
Sun, M, W, Sat
49
SW 27th Avenue
SW 12`" Street
SW 3r` Avenue
0500 — 2300
Sun, W, TH, F
50
SW 8th Street
SW 37th Avenue
SW 27`h Avenue
0200 — 0000
1\4, W, F
51
NW 7th Street
NW 34th Avenue
NW 22a Avenue
0200 — 2100
T, TH
55
US I.Biscayne Blvd
MacArthur
Causeway
Julia Tuttle
Causeway
0500 — 0100
Sun, W, TH, F
57
NW 36`h Street
NW 5th Avenue
NE 27''d Avenue
1300 — 2300
W, F
IIPC2
r)
Oci-.), ow
8
City of Miami
EXHIBIT "C" — TIER 1 HIGH CRASH SEGMENTS
2021 HIGH VISIBILITY ENFORCEMENT PROGRAM
MIAMI-DADE COUNTY TIER 1 PEDESTRIAN/BICYCLE HIGH CRASH SEGMENTS
stix at t sr
S+Y Lieu Sr
rFQpIga City
g:v
kanaalI
Pa !mein Hay
Cull4r
ft
ELM ialenh •
W ygnlvr,
I y3ty 0; t •• Nartikt unny Islas
neut.
aoh
.xeysroie
•t h l anllf eren "%lrr
'4f lurxls
Hari Bny, • 4.1311
wage
LEGEND
• Ped-Bilge 5elirlus Ir luryfratal Crashes
• Tier 1 Pnawray Segment
UonSaatt F➢0roas✓„pvtymRyawSM1:1.gsysam, aaar.aa,i*traaream.
.c ting.n urwvpwu,.wfnalua morerrrrax a,g tiry rs.e
Aztrrrml, Onto, Oat m,. Iota MOM
lilt tSeacll
9
City of Miami
EXHIBIT "C" — TIER 2 HIGH CRASH SEGMENTS
2021 HIGH VISIBILITY ENFORCEMENT PROGRAM
MIAMI—DADE COUNTY PER 2 PEDESTRIAN/BICYCLE HIGH CRASH SEGMENTS
•
=iena; City
•
___� :.'renYvva
_
e <
•
•
• •Ca tol Y1.ly '1�▪ ,. Yam; —NorlkKenai Sunny Isles
- •- §-`each a Beach
MiamrGareeks - • r •
_ � rreyvu,
• Nash 0.4?e+ae'
, ...Hialeah •
an; iaaor
lane
I I • t na3 ; a1/L3m1 I3eaCh
e -II.
t ti •'.
.. — !t ,-Mtarni
Pinacresl
14nrlall
▪ W �Pa imetto hay
all et
•
• Z`tlerRif4ge
1 utIer Bay
ni-fria
•
r,suSSt.,.. `. �•
aural potOei•
LEGEND
• Fed -Bike Serious InjurylFatal Crashes
n=iia Tier 2 Roadway Segment
n aa5 a Fntorc; tAr*s r4rg',iCARRSpurn. s3 5 ,ag re elA l
:Mapilhanse ood ay avir.lipn'repxrarwimafu a Jes
ramil.Ns3enausapekasatlfalake ep Soyzewd 4iys6:u
o anFTM,pc einnOote Are:o:o A+oo
10
City of Miami
Letter of Agreement and Contract
University of North Florida Training and Services Institute, tne.
d/b/a Institute of Police Technology and Management
Vince Smyth, Associate Vice President Date
Cameron Pucci, Director Date
VENDOR ACKNOWLEDGEMENT: By signing below, I certify that I have read the entire document, agree to
abide by the pricing and all tetras 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"d Ave-, Miami, FL 33130
Vendor's Authorized Agent Signature Date
Pi l elliKffrti®L NIRVIV013 AGREE fir Title
WWI D ANC) APPfifNSO
t s1CYd tIliEAr ¶ fi
SAPS A,bricuiR
FDOT APPROVAL
11
City of Miami
Florida Department of Transportation (FDOT) Project # 433144-144114, Contract 11 G11336
State and Federal Requirements:
FEDERAL, RESOURCES AWARDED PURSUANT TO THIS CONTRACT ARE SUBJECT TO TUE FOL..LOWING AUDIT REQUIREMENTS:
2 CFR Pen 200 - Uniform Administrative Requirements, Cost Principles & Audit Requirements for Federal Awards
FEDERAL RESOURCES AWARDED PURSUANT TO THIS CONTRACT MAY ALSO BESUt3dEC TO THE FOLLOWING.
Tide 23 — highways, United States Code
Tide 44— Transportation, United States Code
MAP-21 — Moving Ahead far Progress in the 21" Century, P.L. 1 12-141
Federal highway Administration --Florida Division
Federal Funding Accountability and Transparency Act (FFATA) Sub -award Reporting System (FSRS)
FEDERAL RESOURCES AWARDED PURSUANT TO THIS CONTRACT ARE SUBJECT TO THE FOLLOWiNG REQUIREMENTS;
Failure to Submit progress reports and invoices as outlined in the Letter of Agreement and Contract may result in tixrnination of the agreement; may render the
vendor ineligible for reimbursement of expenses; and may tender the vendor ineligible far future consideration far funding under this program,
lithe contract is terminated, the funds may be reallocated to other contracts.
Invoices must be submitted as outlined in the Letter oFAgreement and Contract, muss meet the timeline established in the uuaehed contract for services, and roust
include all required documentation as outlined in the contract for services.
All invoices must contain the hill 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 ter their delegate.
Payment will be made only after receipt and approval of goods and services as outlined in the attached contract and exhibits. If the University determines that die
performance of the vendor is unsatisfactory, the University shall notify the vendor of the deficiency to be eorreeted, which correction shall be made within a time -
frame to be specified by the University.
The vendor shall, within five days atter notice from the University, provide the University with it corrective action plan describing how the vendor will address all
issues of contract nun -performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-
compliance,
if the con-cctive action plants unacceptable to the University, the vendor shall be assessed a non-performance retainagc equivalent to 10% of the total invoice
amount. The rerainage 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 snhsequently resolved, the vendor may bill the University for the retained amount during the next billing period. If the vendor is unable to
resolve the deficiency, the funds retained will be hrtcited at the end of the contract's term.
A Vendor Ombudsman has been established within the Departmcni of Finapeial Services. The dunes at this individual include acting as an advocate for vendors
who may be experiencing problems in obtaining timely payment(5) from astate agency or University. The Vendor Ombudsman may he contacted at (S50) 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 die University and
FOOT State Safety Office program Manager and must meet all state and federal regulations attached or referenced in this contract.
All expenditures and cost accoutering of funds shall conform to 2 CFR, Part 200, Unirornt Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards. herein ina:oiporated by reference, (hereinafter referred to as Applicable Federal Law).
The vendor agrees to comply with all applicable provisions of Chapter 2lt7, Florida Statutes, The following provisions are stated in this contract pursuant to
sections 237.133(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 s conviction for a public entity crime may nor
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 We cunstruetion 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 ur 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 or the threshold amount provided in 5. 237.017 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 construction or repair of
12
City of Miami
public building or public work; may not submit bids, proposals, or replies on leases areal property in a public entity; may not he 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 vendors financial representative:
"Alt costs are true and valid costs incrurcd in accordance with the agreement, deliverables were received and accepted."
The University and FI)OT State Safety Office shag i review and approve in writing all amendments to cureadr rot enul continental service agreemment% prior to
execution. Only atncndtncnle In 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 he in the tbrm of a written request signed hy the Authnrieed 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 contract. Any contract amendment executed without prior written
approval of the University and FIJOT State Safety Office will not be reimbursable under this contract.
The al lowahil ity of costs incurred under any contract shall be determined in accordance with the general principles of al lowability and standards for selected cost
items set forth in the Applicable State and Federal Law, CO 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 ofFlorida s performance and obligation to reimburse die vendor Shall be subject to the availability of Fcderal highway safety funds and an annual
appropriation by the Legislature. As detailed in 49 CFR, Part 29, Cavernmentvmide t]cbnrnnent and Suspension (Nonprocnrenient) and Governmenrivide
Requirements for Drug -Free Workplace, herein incorporated by reference, the vendor shall nut be reimbursed far the cost of goods or services received from
contractors, consultants, vendor, 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
4I U.S.C, 253(g) (currently 1;25,000).
If a vendor has not commenced 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 further statement of
implementation delay will be submitted by the vendor to the University. The vendor agrees that if the letter is rim received in the 60 days, the University may
cancel the contract. The University, or tic FOOT State Safety Office Program Manager, where wan'anted by excusable delay, may extend the implementation date
of the project past the 60-day period. in this case, formal written approval will he provided to the vendor from the University or FOOT 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 die contract and on or prior to the end date of time 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, nonvithstnnding 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 conhnclor(s) and supplier(s), the
vendor agrees that We University will impose sanctions. Such sanctions include withholding ofpaymenl, retainagc, cancellation, termination. or suspension o t'the
contract in whole or in part. In such an event, the University shall notify the vendor of such decision 3]] days in advance oldie 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 ot'such sanction.
The University, Florida Department of Transportation, Federal Highway Administration (FHWA), Chief Financial Officer (CFO), and Auditor General (AG) of the
State of Florida, or any of their duly authorized representatives, shall have access to all hooks, documents, papers, and records of the vendor pertaining to this
contract, and en relevant books and records of the vendor, and its uonsulrants and contractors under this contract, for the purpose of audit and examination as
provided ender Applicable Federal Law.
In addition to review plaudits conducted in accordance with 2 CFR Part 200, herein incorporated by reference, monitoring procedures may include, on -site visits
by 1.]nivorsity anti; limited saopo nudity as dri'zncd 1,y a teem pree tint), ands erar„c ehi•cke nfcnnrrnet arrivity via r,'.lephnne calls from "(Tniverrity .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 time contract is
performed, tore vendor agrees to bring the project intp compliance with the contractual service agreement Thu vender thriller 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 concerning its work
undertaken pursuant to this contract, the vendor -must take appropriate action as required by Chapter [19, Florida Statutes.
The University shall unilaterally cancel this contract if the vendor refuses to allow public access to all document:, 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 times during the period of this
contract and for rive years oiler final payment is made. Capics of'these documents and records shalt be furnished to the University upon request. Records of ousts
incurred include the vendors general accounting records and the contract records, together with supporting documents and records, of the vendor and all
subcontractors performing work on the contact, 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 vender hy this Agreement may be subject to audits and/or monitoring by the University. The
lb [lowing requirements do noL limit the authority orthe University to conduct or amebic 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) En 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 stall -and/or other procedures including, reviewing any required pertbrmanuc and financial reports, Milowing up, ensuring
corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to contracts issued pursuant to Federal
awards pnovided 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, Stale of Florida Chief Financial 011lccr (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 pursuanr to a Federal award
awarded by the University is subject to the following requirements:
( I ) Irr the event the vendor cxpertds a total amount as contracted funds pursuant to a Federal award equal to or in excess or the threshold cstabi ishcn by 2
CFR Part 200, Subpart F - Audit Requirements, thc vendor must have a Fcdcral 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
contracted Mods pursuant to Federal awards expended in a fiscal year, the vendor must consider all sources of Federal awards based on when the
activity related so thc 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 minim:letl by the State of Florida Auditor General in accordance with thc 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 requirements relative to the anditee responsibilities us provided in 2 CFR Part
200, Subpart F - Audit Requirements.
13) in the event the vendor expends leas titan 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 ,!lust provide a single audit exemption statement to the
Flotilla Department of Transportation at 1-t2C1 I:SingseAtltlir_it•dot..staiq_p..il:_ 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 20t1, Subpart F -
Audit Requirements, the cost of the audit must he paid front non -Federal resources (Le., the cost of such en 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 hup<.: A1,aree:,t5:r. ezz,.rr =tv'Fo,:xy41,- the audit reporting package
as required by 2 CFR Part 20{), 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 C.FR 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
FL)OT,Si i I. Auditi dtx.stauc.iiits within the earlier of30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit
peried as required by 2 CFR Part 200, Subpart F - Audit Requirements,
(5) Within six months of acceptance of thc, audit report by the FAC, the Florida Department of Transportation will review the sub -recipient's audit
reporting package, including eorrective attion 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, !tile 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 be remedied by imposing
additional conditions, the University may take appropriate actions w enforce compliance, which actions may include btu 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;
e. Wholly or partly suspend or terminate the contract;
d. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part l80 and Federal awarding agency regulations (or in the case
of the University or the Florida Department oi'Transportation, recommend such a proceeding be initiated by die Federal awarding agency);
e. Withhold turther contracts pursuant CO Federal awards for Inc 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 CFD or State of Florida Auditor General access
to the vendors records including financial statements, the independent auditor's working papers and vontract.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
rr05 3uwanace SLrcct
Tallahassee, Florida 32399-0450
FDOTSnutIeAttdit(rotir .Silk' 11.ur.
(8) Thu vendor agrees to comply with Section 20,055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section
20,1155(5), Florida Statutes. The vendor shall retain sufficient records demonstrating its compliance with the terms of this contract For n period of live
yeas from the date the audit report is issued and shall allow the University, or its designee, the CFO of State of Florida Auditor General access to such
14
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 administer a system to control, protect, preserve, use, and maintain and track any pmperty or materials purchased pursuant to this
contract,
Any dispute, disagreement, or question of fact arising under the contract 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:
Florida Department of 'fransportatron
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 decisinn(s) resulting from'lisptin!
resolutiun.
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 tlnie.
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 thc University, the Florida Department of Transportation, NEITSA, FHWA, and USDOT, from all claims and liability, or both, due to
negligence, recklessness, ur intentional wrongful misconduet of the vendor, its contractor, consultant, agents and employees. The vendor and its contractors,
consultants, agents, or employees shall be liable for any lose 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 nwner 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 paity to this contract to maintain a suit for personal injuries or property damage pursuant to the terms
or provisions of this contract.
Disadvantaged Business Iktterpiiscs (13131"s)
(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 contract or 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 this
contract is a legal obligation and failure to catty out these requirements is a material breach 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
Ms approved contractual services, the USDOT may impose sanctions as provided tor under Part 26 and may, in appropriate cases, refer the matter for enforcement
under I f{ U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.), herein incorporated by reference.
(b) the vendor mid its contractors, eotn i!tants, aget1LC, 6r employees egret to include the following aSSU1.ltlet nl each sub:triitl art with i consultant in LUIIn aLi1I
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 require consultants and subcontractors if) comply with 49 CF1Z, Rut 20,
New Restrictions on Lobbying, herein incorporated by reference, for filing elf certifrcation and disclosure forms.
No funds contracted hereunder shall he used for the purpose of lobbying the lcgistaturc, judicial branch, or suite 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 Stale or local legislator to favor or oppose the
adoption ol'any specific legislative proposal pending hcforc any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots")
lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA fonds liom 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 contract is held invtilid, 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 he 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 performance report.
For eon ram in excess of $100,000 the vendor and its contractors, consultants, agents, or employees agree 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 $100,000.
The vendor and its contractors, consultants, agents, or employees agree that the University shall find the vendor and its contractors, consultants, agents, or
employees ineligible for nature funding for any of the fotlowing reasons:
15
City of Miami
o Failure to provide the required audits
o Failure to provide required reports in the required time frame
o Failure ro perform work described in the contract scope of services
o Providing fraudulent reports or invoices
.. Misuse ofmatcriats or equipment provided through this contract
Each vendor and its umrtractors, consultants, and/ur agents, shall have a written safety belt pulley, which is enforced far all enrpluyees. A copy of the policy shall
he maintained by the vendor and/or contractor, consultant, or agent and made available thr review it -requested.
No person shall, on the grounds of race, color, religion, sex, handicap, or national origin, be excluded front panieipation in, be refused the benefits of, or be
otherwise subjected ro discrimination under this contract, or any project, program, or activity that receives or benefits from this contract. The vendor and its
contractors, consultants, agents, or employees agree to comply with Executive Order (Ea) 11246, as amended by E.O. 11375, and ns supplemented by 41 CFR,
Part 60, herein incorporated by reference,
Vendors shall
(a) Utilize the U.S. Department of -Homeland Security's E-Verify system to verify the employment eligibility of ail new employees hired by the
Vendor/Contractor during the term of the contract;
(b) Lxpreeely requite any subeontrac1ors performing work or providing services pursuant to the state contract to likewise utilize the U.5. Department or
Home/and Security's E.-Verily system to verity the employment eligibility of all new employees hired by the subcontractor during the contract term.
Thevendor and its contractors, consultants, agents, 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 ro 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 star. 252), (prohibits discrimination on the basis of race, color, national origin) and 49 CFR
part 2 I
(b) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, t42 USE, 46111), (prohibits unfair treatment of persons displaced or
whose property has been acquired because of Federal or Federal -aid programs and projects) 500-065-0t SAFETY 04/17 19
(c) Federal -Aid Highway Act ur 1973, (23 U.S.C. 324 et seq.), and Title IX of the lducation 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 diseriminatiun 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 Restoratiou 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 programs or activities of the Federal aid recipients, Subreoipient's and couuactyrs, whether such programs or activities are Federally funded or not)
(g) Titles 11 and III of the Americans with Disabilities Act (42 I1.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 disproportionately high and adverse human health or environmental effects an
minority and low incomepnptllatinns); and
(i) Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin
discritnination/discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons
have meaningful access to programs (70 FR 74087-74100).
During the perfermanee of this subgrunt, 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 indireedy 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 FDOT State Safety Office, US DOT or
NHTSA
(d) That, in event a vendor fails to comply with any nondiscrimination provisions in this contract, the University will have die right to impose such contract
sanctions as it, the Florida Department of Transportation, orUSDOT 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 -agreement,
whiclh receives Federal funds under this contract
The vendor will comply with provisions of the hatch Act (5 U.S.C. 1501-1508), which Inuits die political activiriee of employees whose principal employment
activities are funded in whole cr 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 atty 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 ofany Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(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 of Congress, or an employee of a Member of Congress in connection with this Federal contract,
grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Fong-T.I.T., "Disclosure Form to Report Lobbying," in accordance with
its tnsauclion5.
(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 Subrecipients shall certify and disclose accordingly. This certification is a
material representation of tact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is n prerequisite for
16
City of Miami
making or entering into this transaction imposed by section 1352, tide 31, U.S. Code. Any person who fails to file the required certification shall be subject to a
civi 1 penalty of not less than S 10,000 and not more than S 100,000 for cacti such failure.
17
City of Miami