HomeMy WebLinkAboutExhibitLetter of Agreement 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 13, 2022.
Total contract amount will not exceed $92,686.57
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 #G1X15. All services must be completed by
May 13, 2022. The final invoice must be received by June 3, 2022 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.
To the fullest extent permitted by law, the vendor shall indemnify and hold harmless IPTM and the State of Florida,
Department of Transportation, including the Department's officers and employees, from liabilities, damages, losses
and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence,
recklessness or intentional wrongful misconduct of the contractor/consultant and persons employed or utilized by the
contractor/consultant in the performance of this Agreement.
This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to
nor shall it constitute a waiver of the State of Florida and IPTM's sovereign immunity.
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 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 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 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, 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.
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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 2019, 3,185 people lost their lives in traffic crashes on Florida's roadways. More than 23% of them were
pedestrians (734) and more than 4% were bicyclists (156).
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 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.
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.
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
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
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City of Miami
the Vendor's policies and procedures and must comply with Florida law. These operations are designed to
reach more than just the individuals who are stopped or contacted, they should also be highly visible to
anyone driving, walking, or biking in the area in a way that associates the enforcement activity with the
safety awareness campaign. 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).
• Operations must be highly visible to anyone driving, walking, or biking in the area. It is strongly
suggested that operations include a combination of high visibility elements with a coordinated media
awareness campaign similar to those used in sobriety checkpoints or other enforcement mobilization.
• 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 and outlined in Exhibit C of this agreement.
• 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 and outlined in Exhibit C of this agreement (each
detail location may have different pre -approved days and times of day).
Minimum Level of Service
Vendor shall conduct highly visible education and enforcement operations at each of the identified
locations outlined in Exhibit C of this agreement, prioritizing efforts towards higher ranked locations. If the
Vendor has Tier 1 and Tier 2 locations listed in Exhibit C of this agreement, HVE efforts will only be
worked at Tier 1 locations from the date of this agreement through February 28, 2022. Beginning March 1,
2022, both Tier 1 and Tier 2 locations may be worked for the remainder of the contract period.
A minimum of two (2) media engagements shall be conducted in conjunction with these high visibility
enforcement operations during the contract period.
Vendor performance will be evaluated based on their prioritization of enforcement details to areas with the
highest representation of traffic crashes resulting in serious and fatal injuries to pedestrians and bicyclists
and on the visibility of the mobilization as a component of the Alert Today Florida Agency of the Year
Award, included in Florida's Law Enforcement Challenge.
• 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 aimed at reducing traffic
crashes resulting in serious or fatal injuries to pedestrians or bicyclists, or attendance at required
training outside of the training requirement listed within this contractual service agreement.
• 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
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City of Miami
"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 Enforcement: Laws, Procedures and Best Practices" prior to June 30,
2020. The refresher training class titled "Pedestrian & Bicycle Safety: A Law Enforcement Review" is
not a substitute for the 4-hour classroom course for initial eligibility into this program.
• 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" or the two (2) hour online refresher training course titled "Pedestrian & Bicycle
Safety: A Law Enforcement Review" 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 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 34 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 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 or through the provided online platform 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.
HIGH VISIBILITY ENFORCEMENT (HVE)
All law enforcement agencies shall conduct High Visibility Enforcement while conducting enforcement
under this contractual service agreement.
High Visibility Enforcement is defined as:
Intense: Enforcement activities are over and above what normally takes place.
Frequent: Enforcement occurs often enough to create general deterrence.
Visible: A majority of the public sees or hears about the enforcement.
Strategic: Enforcement targets high -risk locations during high -risk times.
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City of Miami
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 +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 needed to add officers and update overtime pay rates.
METHOD OF COMPENSATION/PAYMENT SCHEDULE
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: 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 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: Vendor shall record detail activity that documents the education and enforcement
outputs for each detail conducted through the provided online platform. The activity wit document that
each detail conducted meets the minimum level of service as outlined in this agreement 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 oed.bike.safety n(� t:m ora.
All requests for reimbursement shall be signed by an Authorized Representative of the Vendor, or their
delegate.
The University has 40-days to review and process invoices for services. This process begins on the date
the Vendor invoice is received, inspected, and approved. Invoices may be returned if not completed
properly. If a payment is not available within 40 days from the University approval, a separate interest
penalty at a rate as established pursuant to Section 55.03(1), F.S., will be due and payable, in addition to
the invoice amount, to the Vendor. Interest penalties of less than one (1) dollar will not be enforced unless
the Vendor requests payment. Invoices that have to be returned to a Vendor because of Vendor
preparation errors will result in a delay in the payment and is not subject to the interest penalty. The
Vendor payment requirements do not start until a properly completed financial reimbursement request is
provided to the University.
FINANCIAL CONSEQUENCES
Payment shall be made only after receipt and approval of services provided. If the University determines
that the performance of the Vendor does not comply with the contract requirements, the University shall
notify the Vendor of the deficiency to be corrected, and the correction shall be made within a timeframe to
be specified by the University. If the deficiency is subsequently resolved, the University agrees to pay the
invoice(s) for the unpaid amount(s) during the next billing period. If the Vendor is unable to resolve the
deficiency, the funds shall be forfeited at the end of this contractual service agreement.
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City of Miami
PRE -APPROVED HVE 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, that take place prior to the date of the
approval of this agreement, or that do not comply with the minimum level of service as outlined in this
agreement.
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.
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 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 on or before February 28, 2022.
NON-DISCRIMINATION AND ETHICAL STANDARDS
No person shall, on the ground of race, color, religion, sex, handicap, or national origin, be subjected to
discrimination under any program or activity supported by this contract. The agency agrees to comply with
the Florida Civil Rights Act (F.S. 760)
http://wvvw.Ieq.state.fl.us/statutes/index.cfm?Apes mode=Display_ Statute&URL=0700-
0799/0760/0760.html
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. https://www.fdle.state.fl.us/Content/CJST/Menu/Officer-Requirements-Main-Page11..E-
Ethical-Standards-of-Cond uctaspx
CORE ACTIVITY PERFORMANCE MEASURES / MINIMUM LEVEL OF SERVICE TO BE 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 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.
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
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City of Miami
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
EXHIBIT "B"
EFFORT SUMMARY
FLORIDA'S PEDESTRIAN AND BICYCLE FOCUSED INTITIATIVE
HIGH VISIBILITY ENFORCEMENT CAMPAIGN
QUANTIFIABLE, MEASURABLE, AND VERIFIABLE DELIVERABLES
• A minimum of two (2) media engagements shall be conducted in conjunction with these high visibility
enforcement operations during the contract period.
• Detail Activity Reports shall be submitted for each education and enforcement detail worked.
• Bicycle Light Distribution Assurance Forms shall be submitted for each bicycle light kit distributed.
• Invoices shall be submitted for each month or payroll period in which overtime details were performed
beginning the month following contract execution.
PERFORMANCE MEASURES
Proof of performance documentation shall be submitted. This includes, but is not limited to, the following:
• Detail Activity Submissions
• Proof of media engagements
• Proof of overtime hours worked
BUDGET/COST ANALYSIS •
• 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
• Only overtime hours for sworn law enforcement officers are eligible for reimbursement (non -sworn civilian
personnel are not eligible).
• 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.).
• 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.
• Only Tier One (1) locations are eligible for reimbursement prior to March 1, 2022.
• Tier Two (2) locations are eligible for reimbursement March 1 - May 13, 2022.
• Payment shall be made only after receipt and approval of services provided.
Total contract amount not to exceed: $92,686.57
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City of Miami
EXHIBIT "C"
Locations for Miami Police Department
Florida's Pedestrian and Bicycle Focused Initiative
High Visibility Enforcement Campaign
Rank
Roadway Name
From
To
Tier
Time Range
Day of the
Week
From
To
5
W Flagler Street
NW 42nd Avenue
NW 35th Avenue
1
0800
2100
M, W, Sat, S S
8
SW 8th Street
SW 76th Court
SW 67th Avenue
1
0500
2200
M, T, Th, F,
Sat
10
US 27/NW 36th Street
NW 37th Court
NW 32nd Avenue
1
0600
0200
T, F, Sat, S
11
NW 12th Avenue
NW llth Street
NW 14th Street
1
0200
1400
M, W, Th, F,
5
18
US 27/NW 36th Street
NW 27th Avenue
NW 7th Avenue
1
0200
2400
M, W, Th, S
26
NW 7th Avenue
NW 8th Street
NW 17th Street
1
1400
0300
M, W, Sat
39
NE 54th Street
NE 2nd Avenue
N Federal Highway
2
0300
1900
M, T, W, Th
40
Sw 12th Avenue
SW 3rd Street
NW 1st Street
2
1100
0400
M, Th, F, S
41
NW 27th Avenue
Dolphin Expressway
NW 24th Street
2
2100
0800
M, W, Th, F,
5
46
SW 1st Street
SW 13th Avenue
SW 6th Avenue
2
0700
2000
T, W, Th
47
SW 7th Street
SW 27th Avenue
SW 22nd Avenue
2
0900
2300
M, T, Th, S
50
W Flagler Street
NW 72nd Avenue
NW 67th Avenue
2
1600
2400
W, F
51
NW 54th Avenue
NW 17th Avenue
1-95
2
0900
0200
Th, F, Sat, S
52
US 1/Biscayne Boulevard
MacArthur Causeway
NE 29th Street
2
0900
0100
M, W, Th
54
Flagler Street
NW 30th Avenue
SW 18th Court
2
0500
2300
M, T, F, Sat
59
NW 27th Avenue
NW 35th Street
US 27/NW 36th Street
2
1500
2100
M, Th, Sat
60
SW 1st Street
SW 18th Court
SW 17th Avenue
2
2000
2300
M, F
62
NW 7th Street
NW 34th Avenue
NW 27th Avenue
2
0200
1900
T, F, Sat
63
NW 79th Street
NW 6th Avenue
N Miami Avenue
2
1100
2100
T, W, S
69
W Flagler Street
NW 58th Court
NW 48th Avenue
2
0600
2100
M, Th, S
70
SW 8th Street
SW 24th Avenue
SW 17th Avenue
2
0800
2300
M, Th, F, Sat
Data Source: FDOT Crash Analysis Reporting (CAR) System, 2016-2020 (downloaded April 2021). Table lists roadway segments with high representation of traffic crashes
resulting In serious injuries and fatalities to pedestrians and bicyclists.
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City of Miami
APPII"rF
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EXHIBIT "C" —TIER 1 HIGH CRASH SEGMENTS
2021-2022 HIGH VISIBILITY ENFORCEMENT PROGRAM
MIAMI-DADE COUNTY TIER 1 PEDESTRIAN/BICYCLE HIGH CRASH SEGMENTS
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10
City of Miami
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LEGEND
• Ped-Etke Serious Injuiy/Fatal Crashes
wads Tier 1 Roadway Segment
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EXHIBIT "C" —TIER 2 HIGH CRASH SEGMENTS
2021-2022 HIGH VISIBILITY ENFORCEMENT PROGRAM
MIAMI-DADE COUNTY TIER 2 PEDESTRIAN/BICYCLE HIGH CRASH SEGMENTS
•
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11
City of Miami
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ami Beach
LEGEND
• Ped-Eike Serious Inju y/Fatal Crashes
Tier 2 Roadway Segment
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Letter of Agreement and Contract
Execution of Agreement. This Agreement may be simultaneously executed in a minimum of two counterparts, each
of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the
same instrument.
University of North Florida Training and Services Institute, Inc.
d/b/a Institute of Police Technology and Management
Vince Smyth, Associate Vice President Date
Cameron Pucci, Director Date
VENDOR ACKNOWLEDGEMENT: By signing below, 1 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 2nd Avenue, Miami, FL 33130
Vendor's Authorized Agent Signature Date
Printeoftittal Services Agreement Reviewed and Approved
3 1
FDOt
IRMAtiarketing Coor inator
12
City of Miami
Title
Florida Department of Transportation (FDOT) Project # 433144-1-8404, Contract # G1X15
State and Federal Requirements:
FEDERAL RESOURCES AWARDED PURSUANT TO THIS CONTRACT ARE SUBJECT TO THE FOLLOWING AUDIT REQUIREMENTS:
2 CFR Part 200 — Uniform Administrative Requirements, Cost Principles & Audit Requirements for Federal Awards wwwetr.eov
Federal resources awarded pursuant to this subgrant may also be subject to the following:
(a) Federal Funding Accountability and Transparency Act (FFATA) Sub -award Reporting System (FSRS) ,myw,fsrs_g y
FEDERAL RESOURCES AWARDED PURSUANT TO THIS CONTRACT MAY ALSO BE SUBJECT TO THE FOLLOWING:
Title 23 — Highways, United States Code http:liu orle.house.Ltov tarowse.xh ml
Title 49 —Transportation, United States Code httc:://usccde.hcuse.gov/browse xht;mi
MAP-21 — Moving Ahead for Progress in the 21°i Century, P.L. 112-141 www dot aouima021
Federal Highway Administration — Florida Division www.fnwa.d...Qt,gov/fldiv
FEDERAL RESOURCES AWARDED PURSUANT TO THIS CONTRACT ARE SUBJECT TO THE FOLLOWING REQUIREMENTS:
Buy America Act. The Subrecipient agrees to comply and require consultants and contractors to comply with all applicable standards, orders, and
regulations issued pursuant to the Buy America Act, Buy America Act Waiver (Docket No. NHTSA-2015-0065) and NHTSA Guidance Buy American
Act Procedure for Highway Safety Grant Programs (revised 11-20-2015) herein incorporated by reference. The Subrecipient shall include the
following Buy America provisions in all subcontract awards:
The Buy America Act prohibits the use of Federal highway safety grant funds to purchase any manufactured product or software/information
technology systems whose unit purchase price is $5,000 or more, including motor vehicles, that is not produced in the United States. NHTSA may
waive those requirements if (1) their application would be inconsistent with the public interest; (2) such materials and products are not produced in
the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) the inclusion of domestic material will increase
the cost of the overall project contract by more than 25 percent.
Each manufactured end product must comply with the provisions of the Buy America Act. Additionally, any manufactured add -on to an end product
is, itself, an end product that must comply with the Act.
To be reimbursed with Federal highway safety grant funds for a purchase, a State must comply with the requirements of the Buy America Act. Non-
compliance will result in denial of reimbursement.
Restrictions on Lobbying. The Subrecipient agrees to comply and require consultants and contractors to comply with 49 CFR, Part 20, New
Restrictions on Lobbying, herein incorporated by reference, for filing of certification and disclosure forms.
(a) Certification Regarding Federal Lobbying. The Subrecipient certifies, to the best of his or her knowledge and belief, that:
i. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment,
or modification of any Federal contract, grant, loan, or cooperative agreement.
ii. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete
and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
iii. 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.
iv. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.
Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.
Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
(b) Restriction on State Lobbying. None of the funds under this program will be used for any activity specifically designed to urge or influence a
State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body.
Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official
whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with
customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative
proposal.
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City of Miami
(c) Restriction of Use for Federal Civilian and Military Employees. Subgrant funding is not allowable for the cost of training federal civilian and
military employees. Indian Nations may be supported with written approval from the FDOT Traffic Safety Administrator and NHTSA.
Cooperation with Inspector General. It is the duty of every Subrecipient to cooperate with the inspector general in any investigation, audit,
inspection, review, or hearing pursuant to this subgrant agreement. Section 20.055(5), F.S. The Subrecipient agrees to comply with Section
20.055(5), F.S., and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), F.S.
Disadvantaged Business Enterprises (DBE).
(a)
The Subrecipient agrees to the following assurance:
The Subrecipient 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 Subreclpient shall take
ail necessary and reasonable steps under 49 CFR, Part 26 to ensure nondiscrimination in the award and administration of USDOT-assisted
contracts. Implementation of this program is a legal obligation and failure to carry out Its terms shall be treated as a violation of this subgrant
agreement. Upon notification to the Subrecipient of its failure to carry out its approved program, 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 Program Fraud Civil
Remedies Act of 1986 (31 U.S.C. 3801 et seq.), herein incorporated by reference.
(b) The Subrecipient agrees to include the following assurance in each contract with a consultant or contractor and to require the consultant or
contractor to Include this assurance in all subcontract agreements:
The consultant or contractor and subconsultant or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the
performance of this contract. The consultant or contractor shall carry out applicable requirements of 49 CFR, Part 26 in the award and
administration of USDOT-asslsted contracts. Failure by the consultant or contractor to carry out these requirements is a material breach of this
contract, which may result in the termination of this contract or such other remedy, as the Subrecipient or the Department deems appropriate.
E•Verify. Subrecipients:
(a) Shall utilize 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; and
(b) Shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S.
Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during
the contract term.
Nondiscrimination. Subrecipients will comply with all Federal statutes and implementing regulations relating to nondiscrimination ("Federal
Nondiscrimination Authorities"). These include but are not limited to:
(a)
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national
origin) and 49 CFR part 21
(b) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfairtreatment of persons
displaced or whose property has been acquired because of Federal or Federal -aid programs and projects)
(c) Federal -Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-
1683 and 1685-1686) (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 programs or activities of the Federal aid recipients, Subrecipienfs and contractors, whether such programs 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 disproportionately high and adverse human
health or environmental effects on minority and low-income populations)
Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin
discrimination/discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure
that LEP persons have meaningful access to programs (70 FR 74087-74100)
Nondiscrimination Clause.
(i)
G)
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City of Miami
During the performance of this subgrant, the Subrecipient agrees:
(a) To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time
(b) Not to participate directly or indirectly in the discrimination prohibited by any Federal non-discrimination law or regulation, as set forth
in appendix B of 49 CFR part 21 and herein
(c) To permit access to its books, records, accounts, other sources of information, and its facilities as required by the FDOT State Safety
Office, USDOT or NHTSA
(d) That, in event a Subrecipient fails to comply with any nondiscrimination provisions In this subgrant, the FDOT State Safety Office will
have the right to impose such subgrant sanctions as it or NHTSA determine are appropriate, including but not limited to withholding
payments to the Subrecipient under the contract/agreement until the Subrecipient 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, which receives Federal funds under this program
Clean Air Act and Federal Water Pollution Control Act. Subgrant agreements for amounts in excess of $150,000 must comply with all applicable
standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as
amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental
Protection Agency (EPA). The Subrecipient shall include this provision in all subcontract awards in excess of $150,000.
Integrity Certification. By signing this Subgrant Agreement, the Subrecipient certifies that neither it nor Its contractors are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Agreement by any federal department or
agency. This certification is a material representation of fact upon which the Department is relying in entering this Agreement. If it is later
determined that the Subrecipient knowingly rendered an erroneous certification, in addition to other remedies available to the federal govemment,
the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. The
Subrecipient shall provide to the Department immediate written notice if at any time the Subrecipient teams that its certification was erroneous when
submitted or has become erroneous by reason of changed circumstances.
Contract Work Hours and Safety Standards Act. Where applicable, all subcontracts under this subgrant agreement in excess of $100,000 that
involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by
Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of
every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided
that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the
work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to
work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the
purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence
Indemnification and Insurance.
(a)
Indemnification. To the extent permitted by law and as limited by and pursuant to the provisions of Section 768.28, Florida Statutes, the
Subrecipient shall indemnify and hold harmless the Department, including the Department's officers and employees, from liabilities, damages,
losses, and costs, including, but not limited to, reasonable attomey's fees, to the extent caused by the negligence, recklessness, or intentional
wrongful misconduct of the Subrecipient and persons employed or utilized by the Subreciplent in the performance of this Agreement. This
indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a
waiver of the State of Florida and the Subrecipient's sovereign immunity.
(b) Subreciplent Contracts. Subrecipient agrees to include the following indemnification clause in all contracts with contractors, subcontractors,
consultants, or subconsultants who perform work in connection with this Agreement (modified to appropriately identify the parties):
"To the fullest extent permitted by law, the Subrecipient's contractor/consultant shall indemnify and hold harmless the Subrecipient and the
State of Florida, Department of Transportation, including the Department's officers and employees, from liabilities, damages, losses and costs,
including, but not limited to, reasonable attomey's fees, to the extent caused by the negligence, recklessness or Intentional wrongful
misconduct of the contractor/consultant and persons employed or utilized by the contractor/consultant in the performance of this Agreement.
This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a
waiver of the State of Florida and the Subrecipient's sovereign immunity."
(c)
Workers' Compensation. The Subrecipient shall provide Workers' Compensation insurance in accordance with Florida's Workers'
Compensation law for all employees. If contracting for any of the work, the Subrecipient shall ensure that its contractors have Workers'
Compensation Insurance for their employees in accordance with Florida's Workers' Compensation law. If using "leased employees" or
employees obtained through professional employer organizations ('PEO's"), the Subrecipient shall ensure that such employees are covered by
Workers' Compensation insurance through the PEO's or other leasing entities. Ensure that any equipment rental agreements that include
operators or other personnel who are employees of independent contractors, sole proprietorships or partners are covered by insurance
required under Florida's Workers' Compensation law.
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City of Miami
Federal Encouragements.
(a) Vehicle Pursuits. Pursuant to 23 U.S.C. 402(j), all law enforcement agencies are encouraged to follow the guidelines stablished for vehicular
pursuits issued by the International Association of Chiefs of Police that are currently in effect.
(b) Policy on Seat Belt Use. In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, subrecipients are
encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company -owned, rented, or
personally -owned vehicles.
(c) Policy on Banning Text Messaging While Driving. In accordance with Executive Order 13513, Federal Leadership On Reducing Text
Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, subrecipients are encouraged to:
i. Adopt and enforce workplace safety policies to decrease crashes caused by distracted driving. including policies to ban text messaging
while driving company -owned or rented vehicles, Government -owned, leased or rented vehicles, or privately -owned vehicles when on
official business or when performing any work on behalf of the subrecipient agency and/or the Govemment.
ii. Conduct workplace safety Initiatives in a manner commensurate with the size of the business, such as establishment of new rules and
programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to
employees about the safety risks associated with texting and driving.
Insert the substance of thls section, including this sentence, in all sub-agreement/subcontracts funded with the subaward provided under this
Agreement that are $15,000 or more.
Human Trafficking. The Subrecipient shall include a provision in each contract it enters into with a private entity in connection with the Project by
which the Subrecipient's contractor agrees that it and its employees that perform any work on the Project shall not, during the term of this
Agreement, engage in trafficking in persons. procure a commercial sex act, or use forced labor in the performance of work on the Project.
Compliance with State Public Records Laws. The Subrecipient agrees to comply with all provisions provided in Chapter 119 F.S. If the
Subrecipient receives a public records request conceming its work undertaken pursuant to this Department subgrant agreement, the Subrecipient
must take appropriate action as required by Chapter 119, F.S. If the Subrecipient is unable to ascertain how best to comply with its obligations, it
should seek the advice of counsel and/or FDOT State Safety Office.
The Department shall unilaterally cancel this subgrant agreement if the Subrecipient 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 Subrecipient in conjunction with this subgrant
agreement.
Performance. In the event of default, noncompliance, or violation of any provision of this subgrant agreement by the Subrecipient, the
Subrecipient's consultant(s) or contractor(s) and supplier(s), the Subrecipient agrees that the Department will impose sanctions. Such sanctions
include withholding of reimbursements, retainage, cancellation, termination, or suspension of this subgrant agreement in whole or in part. In such an
event, the Department shall notify the Subrecipient of such decision 30 days in advance of the effective date of such sanction. The sanctions
imposed by the Department will be based upon the severity of the violation, the ability to remedy, and the effect on the project. The Subrecipient
shall be paid only for those services satisfactorily performed prior to the effective date of such sanction.
Additional Requirements for Law Enforcement Agencies.
Overtime Hours. Subgrant funds cannot be used to supplant standard activity hours; therefore, only hours qualifying as "overtime", per the
Subrecipient policies will be eligible for reimbursement by this subgrant agreement. In the event a Subrecipient is awarded more than one subgrant
agreement within a federal fiscal year, overtime hours for each traffic safety effort must be tracked, reported, and billed based on hours worked for
each subgrant agreement type.
Overtime Rate. Overtime hours are intended for enhanced/increased traffic safety activities. The overtime pay rate for personnel is based on actual
cost per employee in accordance with the Subrecipient's payroll policy. Each Subrecipient shall comply with Fair Labor Standards Act (FLSA)
requirements and thresholds for overtime accrual and payment and its own policies and procedures, insofar as those policies apply uniformly to both
federally -financed and other activities of the Subrecipient, as required by 2 CFR 200.403(c). Additional hours may be called overtime, off duty, extra,
additional, etc., as long as it enhances/increases traffic safety activities. A copy of the policy shall be maintained by the Subrecipient and made
available for review if requested.
Bonuses. Bonuses issued to Subrecipient employees will not be eligible for subgrant reimbursement, as bonuses are not considered salary and are
an addition to the salary amounts approved for Subgrant execution. Increases in Subgrant employee salary must be approved by the FDOT State
Safety Office. Annual fluctuations in benefits approved in the Subgrant are allowable and eligible for reimbursement.
Financial/Fiscal Requirements
Failure to submit detail reports, progress reports and invoices as outlined in the Letter of Agreement and Contract may result in termination of the
agreement; may render the vendor ineligible for reimbursement of expenses; and may render the vendor ineligible for future consideration for
funding under this program.
If the contract is terminated, the funds may be reallocated to other contracts.
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City of Miami
Invoices 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 services.
Frequency and Deadlines for Submission.
Invoices: Subcontractors should submit all costs for reimbursement monthly unless no costs were incurred within a month. Reimbursement for
personnel costs may be submitted after each pay period, if desired. Failure to submit reimbursement requests in a timely manner may result in this
subcontract agreement being terminated.
Supporting Documentation. Invoices for subcontracts must be supported by an itemized listing of expenditures by category (salary/benefits.).
Supporting documentation shall be submitted for each amount for which reimbursement is being claimed indicating that the item has been paid.
Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only
expenditures for categories in the approved letter of agreement and contract may be reimbursed. These expenditures must be allowable (pursuant
to law) and directly related to the services being provided.
Final Invoice. A final financial request for reimbursement shall be submitted and/or postmarked no later than June 3, 2022 following the end of this
subcontract agreement period. Such request should be distinctly identified as Final.
The Subcontractor agrees to forfeit reimbursement of any amount incurred or expended if the final request Is not submitted and/or
postmarked by June 3, 2022 following the end of this subcontract agreement period.
All invoices shall be signed by an Authorized Representative of the vendor or 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 the performance of the vendor is unsatisfactory. the University shall notify the vendor of the deficiency to be corrected, which
correction shall be made within a time -frame to be specified by the University.
The vendor shall, within five days after notice from the University, provide the University with a corrective action plan describing how the vendor will
address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable
deficiencies, or contract non-compliance.
If the corrective action plan is unacceptable to the University, the vendor shall be assessed a non-performance retainage equivalent to 10% of the
total invoice amount. The retainage shall be applied to the invoice for the then -current billing period. The retainage shall be withheld until the
vendor resolves the deficiency.
If the deficiency is subsequently resolved, the vendor may bill the University for the retained amount during the next billing period. If the vendor is
unable to resolve the deficiency, the funds retained will be forfeited at the end of the contract's term.
A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate
for vendors who may be experiencing problems in obtaining timely payment(s) from a state agency or University. The Vendor Ombudsman may be
contacted at (850) 413-5516.
The vendor shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of contracted funds and
required expenditures. All monies spent on this contract shall be disbursed in accordance with provisions of the contract scope of work as
approved by the University and FOOT State Safety Office Program Manager and must meet all state and federal regulations attached or referenced
in this contract.
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City of Miami
University of North Florida Training and Services Institute, Inc.
d/b/a Institute of Police Technology and Management ("IPTM")
Letter of Agreement and Contract
CITY OF MIAMI, a Florida Municipal Corporation
By: Date:
Arthur Noriega V, 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