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EXHIBITS) Utter ofAp_reernent and Contract In this contract between the City of Miami ("Vendor") and University of North Florida Training and . Technology and 1dlanaf-ernent f" IFTM"), the Vendor Services Institute, Inc., dll�la Institute of Police Technvlo, shall perform the services as outlined in the scope of services (Exhibits A & B). The contract period will begin upon execution and will end on May 17, 2019. Total contract amount will not exceed $92,576.00 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 # GOY79. All services must be completed by May 17, 2019. The final invoice must be received by Tune 1, 2019 or payment will be forfeited. It is expressly understood that the Vendor is an independent contractor, and not an agent of FDOT or the University. The Vendor agrees to be fully responsible for all claims for damages and liability arising out of the negligent or wrongful acts or omissions of its employees while acting within the scope of the employee's office or employment and while providing services under this contract. As "state agencies or subdivisions" of the State of Florida within the meaning of Section 768.28(2), Florida Statutes. FDOT, the University, and the Vendor's ("State Agencies" or individually "State Agency") respective total liability shall not exceed the limits of their waiver of sovereign immunity provided under Section 768.28, Florida Statutes. Nothing herein shall be construed as consent by the State Agencies to be sued by third parties in any matter arising out of this contract or as a waiver by the State Agencies of any immunities, rights or limits to liability provided by Florida law. Each State Agency shall be responsible for its own attorney fees in the event of a dispute. In accordance with the contract, the Vendor is authorized to perform the tasks detailed in the scope of services (Exhibits A & B) and is fully responsible for satisfactory completion of all services. Services performed prior to receiving an executed contract from the University will not be eligible for reimbursement. This contract does not involve the purchase of Tangible Personal Property, as defined in Chapter 273, Florida Statutes. 1. 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 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. 1 City of Miami EXHIBIT "A" SCOPE OF SERVICES PEDESTRIAN AND BICYCLE SAFETY ENFORCEMENT CAMPAIGN Y. OBJECTIVE: The Florida Department of Transportation ('TROT'), through a grant with University of North Florida ("University"), will utilize law enforcement support to educate and enforce safe pedestrian, bicyclist, and driver behaviors in priority counties in Florida. The main objective of this effort is to reduce traffic crashes resulting in serious and fatal injuries to pedestrians and bicyclists through the use of selected traffic education and enforcement operations. H. PURPOSE: In 2416, 3,176 people lost their lives in traffic crashes on Florida's roadways. More than 21%0 of theta were pedestrians (667) and more than 4% were bicyclists (140). The Purpose of this funding opportunity is to develop and implement effective community level high visibility enforcement operations in areas with the highest representation of traffic crashes resulting in serious and fatal injuries to pedestrians and bicyclists. The project goal is to increase 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. This campaign supports the goals established in Florida's Pedestrian and Bicycle Strategic Safety Plan. High Visibility Enforcement activities are being implemented to educate pedestrians, bicyclists, and motorists on traffic laws pertaining to pedestrian and bicycle safety and to increase compliance with those laws. M. SERVICES TO BE PROVII)ED BY THE VENDOR: A. High Visibility Enforcement of all road users, including pedestrians, bicyclists, and motorists, in an effort to change behaviors and improve the safety of pedestrians and bicyclists. Conduct on -street education and enforcement operations that include the distribution of educational materials with each contact. The issuance of warnings and/or citations to pedestrians, bicyclists, and motorists must comply with Florida Statutes. The Vendor must emphasize education and document educational efforts in each detail report throughout the entire contract period. B. Operations must begin within 30 days of the contract execution date. Exceptions for delayed start may be approved if a State of Emergency is declared by the Governor that directly impacts the Vendors ability to perform. All exceptions require the approval of IPTM and FDOT. 2 City of Miami C. The Vendor shall distribute the provided safety educational materials during ALL High: Visibility Enforcement operations. Materials are provided to you free of charge for this purpose, Enforcement agencies may elect to participate in bicycle light distribution to improve nighttime visibility and compliance with F.S. 316.2055(7). A Bicycle Light Distribution Assurance Form is required for each bicycle light set that is distributed. Bicycle Light Distribution Assurance Forms must be signed by the officer and included with the detail report submission. D. Media Releases. The Vendor is required to distribute a minimum of two (2) media releases during the contract period. The initial required media release announcing that operations are beginning must be distributed a minimum of seven (7) days in advance of the operation start date. The second required media release must include a reminder that enforcement operations are ongoing. This release must be distributed half way through the contract period. Additional media engagement is 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 as a backup documentation component for invoicing during the period in which it is conducted.. IVIPTM 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 will may be requested by the Vendor, but are subject to availability. IPTM reserves the right to review and audit the Vendor's compliance with the terms of this Letter of Agreement and Contract daring business hours and at A'TM's sale expense. In the event IPTM determines that the Vendor is not averaging the required number of operations, hours, and officers in each operation over the period of time between the date delivery of services commences and the audit date, as agreed to herein, IPTM may reduce the funding for the remaining term of the Agreement eement by the percentage difference between the required number of operations and officers and the Actual Average. (Informations regarding the "Actual Average" can be found on the last page of this contract.) V. VENDOR RESPONSIBILITIES; ON -STREET OPERATIONS Funding is restricted to on -street overtime operations conducted by sworn enforcement officers for the specific purpose of reducing traffic crashes that may result in serious or fatal injuries to pedestrians and bicyclists at the locations specified and at the level of effort listed in Exhibit B of this contract. The Vendor will be reimbursed based on perfonnarrce of specific tasks listed within the contract. Invoices must document that each officer has worked a minimum of 40 -hours regular time during the period in which overtime enforcement details occurred in order to be eligible for reimbursement. No hours may be charged for efforts other than those specified in Exhibit B of this contract. Example: General speed enforcement would not qualify for reimbursement, however, enforcing speed in a priority area ,where data reflects that speed is contributing to traffic crashes involving pedestrians and bicyclists would qualify for reimbursement. Vendors will not be reimbursed for oueratious that take ralace outside of the identified areas listed in Exhibit B. These funds may not to be used to supplant the Vendor's ongoing enforcement and educational efforts or efforts funded by other local, state, or federal agreements. Duplicated efforts are not eligible for reimbursement. Only sworn law enforcement officers .are eligible to conduct activities under this agreement (Community Service Officer (CSO) are not eligible for reimbursement). 3 City of Viiami High Visibility Enforcement details and the required four (4) hour classroom based training that are conducted after the initial forty (40) hour requirement is met are eligible for reimbursement through this contract. hours that are not in excess of an officers normal 40 -hour work week are not eligible for reimbursement. Other enforcement operations, roll call video training, outreach, school events, administrative time, etc. are not eligible for reimbursement under this contract even if they exceed a normal forty {40} hour work week. NON-DISCRIiiI NATION 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) htt,o.-1 3vw.leg.state.fl_us/statutes/index.cfm?Atop mode -Display Staf te&l.1RL: 0700-0"r99r'076010760.htrni 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:/iwww.fdle.state.fl.usiContent�CJST/Menu%Ofticer-Regui emery_t_s-Main-Pagc:L_E-Ethical- Standards-of Conduct.asyx TRArENTING & PERSONNEL RATES Training is mandatory for all officers performing high visibility enforcement. Officers that qualified in FY 1.7/18 (took and passed the roll call training videos and quizzes) are eligible to participate in FY 18/19 without additional training. Any officer that did not qualify in FY 17/18 is required to participate in the four (4) lour classroom based training before they are eligible to participate in High Visibility Enforcement Details beginning July 1, 2018. All officers will be required to Complete the four (4) hour classroom based training to be eligible to work high visibility enforcement details beginning July 1, 2419. Note: The four (4) hour classroom based training is provided free of charge through the Institute of Police Technology and Management (1PTM). Information on how to schedule the four (4) hour classroom based training will be provided to all applicant agencies. The training delivery will be prioritized based on need. Officers are not required to be trained before the agency applies. Officers time for completing the four (4) hour classroom based training is eligible for reimbursement under this contract only after the officer qualifies for overtime pay (after first completing their normal forty (40) hour work week). Officers time for completing the training during their normal forty (40) hour work week is not eligible for reimbursement under this contract. OPTIONAL: We strongly encourage all officers to take the following roll call video training annually as a refresher: "Pedestrian Safety Training for Law Enforcement" http:i/wuw-w.iadlest.org,/Projects/ ILEARN.aM "Enhancing Bicycle Safety: La -v Enforcement's Role" httu:,',I -,A iadlest.ore.Troiects/ TLEARN aVx Prior to commencing the services outlined under this contract, Vendor must submit a signed and dated list of personnel authorized to perform overtime operations under this agreement. A certification of completion of the required training, and the fully -loaded hourly overtime rate range (no more than. +/- $5.00) to be used for each officer must be submitted with the personnel authorization. The contract hourly billing rate range shall include the costs of hourly overtime plus associated fringe benefits. Only hours from officers listed and within the rate range shown on the authorized personnel list are eligible for reimbursement under this agreement. The 4 City of Miami authorized personnel list may be updated to add officers and update billing rates, but no hours may be char-zed for any individual officer until after the updated personnel list has been signed and dated showing their contract billing rate and verif&g trainin has been com leted, (Note — All rates must match the payroll documentation submitted with each monthly invoice.) CORE ACTIVITY PERFORMANCE MEASURES / MINIMUM LEVEL OF SERVICE TO BE PERFORMED AND CRITERIA FOR EVALUATING SUCCESSFUL CONIPLETION. 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 (801%6) eighty percent of contracted efforts outlined within their high Visibility Enforcement contract within the contract period to be eligible for "agency of the year award" consideration. Each successive fiscal year, agencies will be prioritized for funding based on percentage of performance expectations that were met. Performance will be tracked through monthly activity reports and measured against the established enforcement plan. CONSEQUENCES FOR NON PERFORMANCE If the Vendor is not meeting the agreed upon level of effort as outlined in Exhibit B, the full amount of funding for subsequent periods will be reduced. In the event that the required services are in dispute, the invoice nay be pro -rated, reduced, or withheld until adequate documentation is provided to support the completion of such services and the dispute is resolved. If minimum performance requirements are not met, the invoice will be pro -rated, and payment will only be made for services that were completed as outlined in this agreement. INVOICES Invoices must be submitted at least monthly (every 30 days), beginning within 50 days of the contract execution date. Failure to submit invoices as outlined in this contract may result in termination of the agreement. If payroll is bi-weekly, invoices may be submitted after every two pay periods. Invoices must contain the following: • Invoice: summary of hours charged and total due. Vendor must use the invoice template provided by IPTM. • Personnel Timesheets: total hours for each individual officer must be reported. Total hours include hours worked on this contract, and any other hours the officer works during the month. The timesheets should clearly indicate that the hours charged to this HVE contract are above and beyond the officer's normal 40 -hour workweek. All hours must be documented and documentation submitted with each invoice. Vendors must submit hours using the Personnel Services Timesheet template provided by IPTM. • Activity Reporting form: one page for each operation/location completed shoe=ing officers assigned, date, times, location, safety issue addressed and corresponding enforcement approaches used, contacts overview, number of materials distributed, and the numbers of warnings and citations issued to motorist, pedestrians, and bicyclists under each Statute. Vendors must utilize the Activity Reporting Form template provided by IPT',M. • Payroll documentation: Vendor must submit payroll documentation to accompany each invoice. This payroll documentation should clearly indicate overtime rates that match the invoice, when each officer performed overtime activities (must match the personnel timesheet), that the hours being claimed are for hours worked in excess of the normal Oil hour workweek, and must include either a pay stub or payroll ledger documenting payment to each officer for which you are requesting reimbursement. Any personal information, such as social security numbers, should be redacted. 5 City of Miami Personnel Letter: Prior to commencing the services outlined under this contract, Vendor must submit a signed and dated list of personnel authorized to perforin overtime operations under this agreement, including a certification of completion of the required training, and a fully -loaded hourly overtime rate range (no more than +I- $5.00) to be used for each officer. Time for training may not be charged to this contract. Proof of Media Engagement: Proof of media engagement must be provided within 30 days of the press release or news report as a backup documentation component for invoicing during the period in which it is conducted. See Section III for additional details. All invoices must include the dates of service (to/from) and the following certification statement: "All costs are true and valid costs incurred in accordance with the agreement, deliverables were received and accepted." The certification statement must be signed by an authorized agent of the "Vendor". Invoices must be submitted through the provided online platform. In case access to the provided online platform cannot be obtained, invoice documentation can be sent electronically to a.roopGunf.edu Performance Measures: Proof of performance documentation must be submitted. This includes, but is not limited to, the following: • Activity Reports • Proof of media engagement • Proof of officer training Quantifiable, measureable, and verifiable deliverables • A total of 88 operations to be completed during the contract period. • An actual average of 45.1 hours per week to be maintained or exceeded during the contract period. • Activity reports to be submitted for all 88 details worked. Activity reports must indicate educational material distribution and must include any Bicycle Light Assurance Distribution forms. r City of Miami F. F EFFORT SUMMARY - PEDESTRIAN AND BICYCLE SAFETY ENFORCEMENT CAMPAIGN SER1710E PROVII)ED: Enhanced Traffic Enforcement DetailfUgh Visibility Enforcement Number of operations to be completed 88 Hours per operation. 5 Officers per operation 4 NE 36th Street and NW 17th Ave NW 57th Avenue and NW 7th Street NW 57th Ave and W Flagler St List of approved NW 42nd Avenue and W Hagler St intersections/corridors to conduct operations NW 12th Ave and Nisi 54th St NW 79th Street and NW 7th Ave NW 62nd St and NW 7th Ave SW 22nd 5t and SW 32nd Ave Actual Average = Total # of details x # ofticcrs per detail x # hours Per 45.1 details 1 Total # of weeks Total Project budget not to exceed: $92,576.00 NOTE: Total budget calculated from 39 weeks total duration at the level of effort indicated above, Reasonable effort must be made to maintain the weekly level of effort for the full contract period. If the level of effort outlined above is not obtained during a given month due to unexpected circum Lances (i.e. weather, staffing issues, illness, etc.), these should be documented in each invoice. All properly documented overtime enforcement hours completed within the contract term will be reimbursed, not to exceed the total budget. 7 City of Miami 1. NTE 36th Street and NW 17tH Ave 2. N'W 57th Avenue and NW 7th Street 3. NW 57th Ave and W Flagler St 4. NW 42nd Avenue and W Flagler St 5. NW 12th Ave and NW 54th St 6. NW 79th Street and NW 7th Ave 7, NW 62nd St and NW 7th Ave S. SW 22nd St and SW 32nd Ave S City of Miami Letter of Agreement and Contract SIGNATURE PAGE Agency Name (Vendor): City of Miami FEID# 59-6000375 Address: 400 N%V 21 Avenue City: Nharni State: FL Zip: 33128 Shari Shuman, President Date University of North Florida Training and Services Institute, Inc. d/b/a Tnstitute of Police Technology and Management 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 terms and conditions of this Letter of Agreement and Contract, and that I am authorized to sign for the Vendor. Vendor's Authorized Agent Signature Date Printed Name Title CONTRACTUAL SERIES AGREEMENT REVIEWED A,*ID APPROVED STATE S1CYCL PEDESTRIAN DATE SAFETY PROGRAM MANAGER FDOT APPROVAL 9 City of Miami Florida Department of Transportation (FDOT) Project # 433144-1-8444, Contract # GOY79 State and Federal Requirements: FEDERAL RESOURCES AWARDED PURSUANT TO THIS CONTRACT ARE SURIECT TO THE FOLLOWING AUDIT REQUIREMENTS: 2 CFR Part 200 — Uniform Administrative Requirements, Cost Principles & Audit Requirements for Federal Awards www.eefr.?ev FEDERAL RESOURCES AWARDED PURSUANT T T�TfI1S CONTRACT i�1AY .A1 SO BE SL`&IECT TO THE I:OLLOWLNG: Title 23 — Highways, United States Code h"J/usccde.house. aovlbr-ws:"..xtml Title 49 — Transportation, United States Code t:?ruscnde.hstuse.gov/hmwsc.shtml MAP -21 — Moving Ahead for Progress in the Zig Century, P.L. 112-141 n•aw dot.2ov rrao2l Federal Highway Administration— Florida Division www.fhwa,dc.t.gov/fl Jiv Federal Funding Accountability and Transparency Act (FFATA) Sub -award Reporting System (F5RS) wwtiv.lsrs.nov FEDERAL _RFSOd1RCE$si ARI)ED_PURSI]A11T TQ THIS CONTRACT ARE SUBJECT TO THE FQL[.QWING REOGIREh1E1VT Failure to suhrnit 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. Invoices must he 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 service& All invoices must contain the full details of each expenditure sufficient to support a proper pre -audit and post audit based on the scope of wont and services identified in the Letter of Agreement and Contract. All invoices shall be signed by an Authorized Representative of the vendor or their delegate. Payment will be made only after receipt and approval of goods and services as outlined in the attached contract and exhibits. If the University determines that the performance of the vendor is wrsatisfactory, 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 sha ll 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 he 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 ivuls and required expenditures. All monies spent on this contract shall be disbursed in accordance with provisions of the contract scope of work as approved by the University and FDOT State Safety Office Program. Manager and must meet all state and federal regulations attached or referenced in this contract, All expenditures and cost accounting of funds &hail conform to 2 CFR, Part 20D, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, herein incorporated by reference, (hereinafter referred to as Applicable Federal Law). The vendor agrees to comply with all applicable provisions of Chapter 237, Florida Statutes. The following provisions are stated in this contract pursuant to sections 287.133(2)(a) and 287.134(2)(a), Florida Statutes, (a) Section 287.133 (2)(a), F.S. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime tray not submit a bid, proposal, or reply on a contract to provide goons 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 public building or public work; may not submit bilis, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant tinder a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. (b) Section 237.134 (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 constmetion or repair ofa public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. 10 City of Miami AU invoices for services shah contain the following certification statement and mint be signed by the vendors financial representative "All costs are true and valid costs incurred in accordance with the agreement, deliverables were received and accepted." The University and FDOT State Safety Office shall review and approve in writing all amendments to consultant and contractual service agreements prior to execution. Only amendments to the contract which achieve or improve upon the outcome of the project as determined by the funding agency and any state or federal regulations that govern such changes will be considered for approval. Requests for amendment shall be in the form of a written request signed by the Authorized Representative of the vendor. Delegations of signature authority will not be accepted for amendment requests without prior written approval. Approval of this contractual service agreement does not constitute approval of amendments to the contract. Any contract amendment executed without prior written approval of the University and FDOT State Safety Office will not be reimbursable, under this contract. The allowability of costs incurred under any contract shall be determined in accordance with the general principles of allowability and standards for selected cost items set forth in the Applicable State and Federal Law, to be eligible for reimbursement. Ali funds not spent in accordance with the Applicable State and Federal Law will be subject to repayment by the vendor. Only costs directly related to the approved scope of services within the attached contract shall be allowable. The State of Florida's performance and obligation to reimburse the vendor shall be subject to the availability of Federal highway safety funds and an annual appropriation by the Legislature. As detailed in 49 CFR., Part 29, Goverumnentwide Debarment and Suspension (Nonprocurement) and Government -wide Requirements for Drug -Free Workplace, herein incorporated by reference, the vendor shall not be reimbursed for the cost of goods or services received from contractors, consultants, vendors, or individuals suspended, debarred, or otherwise excluded from doing business with the Federal government. The sub -recipient or its implementing agency shall submit the required certification by consultants with awards in excess of the small pumbase threshold fixed at 10 U.S.C. 2304(g) and 41 U.S.C. 253(8) (currently $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, ager 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 tate letter is not received in the 60 days, the University may cancel the contract The University, or the FDOT State Safety Office Program Manager, where warranted by excusable delay, may extend the implementation date of the project past the 60 -day period. In this case, formal written approval will be provided to the vendor from the University or FDOT State Safety Office Program Manager. Funds may not be obligated prior to the effective date or subsequent to the end date of the contract service period. Only costs incurred on or after the effective date of the contract and on orprior to the end date of the contract are eligible for payment. A cost is incurred when the vendors employee or approved subcontractor performers the service required or when goods are received by the vendor, notwithstanding the date of order. In the event of default, noncompliance, or violation of any provision ofthis contract by the vendor, the vendors consultant(s) or contractors) and supplier(s), the vendor agrees that the University will impose sanctions. Such sanctions include withholding of payment, retainage, cancellation, termination, or suspension ofthe contract in whole or in part. In such an event, the University shall notify the vendor of such decision 30 days in advance of the effective date of such sanction. The sanctions imposed by the University will be based upon the severity of the violation, the ability to remedy, and the effect on contract performance. The vendor shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. The University, Florida Department of Transportation, Federal Highway Administration (FB WA), Chief Financial Officer (CFO), and Auditor General (AG) of the State of Florida, or any of their duly authorized represcntadves, shall have access to all books, documents, papers, and records of the vendor pertaining to this contract, and to relevant books and records of the vendor, and its consultants and contractors under this contract, for the purpose of audit and examination as provided under Applicable Federal Caw. In addition to review of audits conducted in accordance with 2 CFR Part 200, herein incorporated by reference, monitoring procedures may include, on-site visits by University staff, limited scope audits as defined by 2 CFR fart 200, and status checks of contract activity via telephone calls from University staff to vendors. By entering into this contract, the vendor agrees to comply and cooperate with monitoring procedures. In the event that a limited scope audit of the contract is performed, the vendor agrees to bring tdre project into compliance with the contractual service agreement. The vendor further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor Gememl. 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 119, Florida Statutes. The University shall unilaterally cancel this contract if the vendor refuses to allow public access to all documents, papers, letters, or other material subject to the provisions of Cbapte€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 five years after final payment is made. Copies of these documents and records shall be furnished to the University upon request. Records of costs incurred include the vendors general accounting records and the contract records, together with supporting documents and records, of the vendor and all subcontractors performing work on the contract, and all other records of the vendor and subcontractors considered necessary by the University for a proper audit of costs. The administration of resources awarded through the University to the vendor by this Agreement may be subject to audits and/or monitoring by the University. "£he Mowing requirements do not limit the anthority of the University to conduct or arrange for additional audits or evaluations of contracts issued pursuant to Federal awards or limit the authority of any State agency inspector general, the State of Florida Auditor General or any other State official. The vendor shall comply with all audit and audit reporting requirements as specified below. (a) In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F— Audit Requirements, monitoring procedures may include but not be limited to on-site visits by University staff andsor other procedures including, reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to contracts issued pursuant to Federal awards provided through the University. By entering into this contract, the vendor agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the University. The vendor further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Uni veisity, State of Florida Chief Financial Officer (CFO) or State of Florida Auditor General. 11 City of Miami (b) The vendor, a non -Federal entity as defined by 2 CFR Part 200, Subpart F— Audit Requirements, as a sub -recipient of a contract pursuant to a Federal award awarded by the University is subject to the following requirements: (1) In the event the vendor expends a total amount of contracted finds pursuant to a Federal award equal to or in excess of the threshold established by 2 CFR Part 200, Subpart F - Audit Requirements, the vendor must have a Federal single orprogram-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 Rather comply with the requirements of 2 CFR Part 200, Subpart F - Audit Requirements. In detertmioing contracted funds pursuant to Federal awards expended in a fiscal year, the vendor trust consider all sources of Federal awards based on when the activity related to the Federal award occurs, including the Federal award provided through the University by this contract The determination of amounts of Federally awarded funds expended should be in accordance with the guidelines established by 2 CFR Part 200, Subpart F - Audit Requirements. An audit conducted by the State of Florida Auditor General in accordance with the provisions of 2 CFR Part 200, Subpart F - Audit Requirements, will meet the requirements of this part (2) In connection with the audit requirements, the vendor shall fulfill the requirements relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F - Audit Requirements. (3) In the event the vendor expends lass than the threshold established by 2 CFR Part 200, Subpart F - Audit Requirements, in Federal awards, the vendor is exempt from Federal audit requirements for that fiscal year. however, the vendor roust provide a single audit exemption statement to the Florida Department of Tra.nsportaticn at FITSir' 14ardit udotstate.fl.us no later than nine months after the end of the sub -recipient's audit period for each applicable audit year. In the event the sub -recipient expends less than the threshold established by 2 CFR Part 200, Subpart F - Audit Requirements, in Federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions oft CFR Part 200, Subpart F - Audit Requirements, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from the vendors resources obtained from other than Federal entities). (4) The vendor must electronically submit to the Federal Audit Clearinghouse (FAC) at httpf r,•`harvestcr.cLnsus.,00v?facwthI the audit reporting package as required by 2 CFR Part 200, Subpart F - Audit Requirements, within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period The FAC is the repository of record for audits required by 2 CFR Part 200, Subpart F - Audit Requirements, and this Agreement. However, the Florida Department of Transportation requires a copy of the audit repotting package also be submitted to FD©TSingleAudit aC.dot.state.fl_us within the earlier of 30 calendar days after receipt of the auditor's rcport(s) or nine months after the end of the audit period as required by 2 CFR Part 200, Subpart F- Audit Requirements, (3) Within six months of acceptance of the audit report by the FAC, the Florida Department of Transportation will review the sub -recipient's audit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the Federal award provided through the University by this contract. If the vendor fails to have an audit conducted in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, the university may imposc additional conditions to remedy noncompliance. If the University or the Florida Department of Transportation determines that noncompliance cannot be remedied by imposing additional conditions, the University may take appropriate actions to enforce compliance, which actions may include but not be limited to the following: a. Temporarily withhold cash payments pending correction of the deficiency by the vendor or more severe enforcement action by the University; b. Disallow (deny the use of funds for) all or part of the cost of the activity or action not in compliance; C. I�Iolly or partly suspend or terminate the contract; d. Initiate suspension or debarment proceedings as authorized under 2 C.F.R Part 180 and Federal awarding agency regulations (or in the case of the University or the Florida Department of Transportation, recommend such a proceeding be initiated by the Federal awarding agency); e. Withhold further contracts pursuant to Federal awards for the Project or program; f Take other remedies that may be legally available, (6) As a condition of receiving this contract, the vendor shall permit the University, or its designee, the CFO or State of Florida Auditor General access to the vendors records including financial statements, the independent auditor's working papers and contract records as necessary. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is complete or the dispute is resolved. (7) The contact information for requirements under this part is as follows: Office of Comptroller, MS 24 505 Suwannee Street Tallahassee, Florida 32399-0430 FDO Sin leAudit(&dot.atat, .t .us (8) The vendor agrees to comply with Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. The vendor shall retain sufficient records demonstrating its compliance with the terms of this contract for a period of five years from the date the audit report is issued and shall allow the University, or its designee, the CFO or State of Florida Auditor General access to such records upon request. The vendor shall ensure that the audit working papers are made available to the University, or its designee, the CFO, or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued unless extended in writing by the University. The vendor shall establish and administer a system to control, protect, preserve, use, and maintain and track any property or materials purchased parsuant 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 wafting. The Program Managers decision may be appealed in writing within 30 calendar days from the notification to the Govemor's highway Safety Representative, whose decision is final. Address' are: 12 City of Miami Florida Department of Transportation Attn: Trenda McPherson, State Bicycle Pedestrian Safety Program Manager State Safety Office, NIS 53 605 Suwannee Street Tallahassee, Florida 32399-0450 Florida Department of Transportation Attn: Governor's Highway Safety Representative State Safety Office, MS 53 605 Suwannee Street Tallahassee, Florida 32399-0450 The vendor shall proceed diligently with the performance of the work in accordance with the contract and in accordance with the decision{s) resulting from dispute resolution. Conferences may be held at the request ofany party to this contract. Representatives o€the University, Florida Department ofTransportation, or the U.S. Department of Transportation (USDOT), or all the above, shall be privileged to visit the site for the purpose of inspection and assessment of work being performed at any time. Subject to the limitations of Section 768.28, Florida Statutes, the vendor and any subcontractors that are parry to this contract shall be required to defend, hold harmless and indemnify the University, the Florida Department of Transportation, NHTSA, FHWA, and USDOT, from all claims and liability, or botb, due to negligence, recklessness, or intentional wrongful misconduct of the vendor, its contractor, consultant, agents and employees. The vendor and its contractors, consultants, agents, or employees shall be liable for any loss of, or damage to, any material purchased or developed under this contract which is caused by the vendor and its contractors, consultants, agents, or employees failure to exercise such care in regard to said material as a reasonable careful owner of similar materials would exercise. The patties executing this contract specifically agree that no provision in tnis contract is intended to create in the public or any member thereof, a third party beneficiary, or to authorize anyone not a party to this contract to maintain a suit for personal injuries or property damage pursuant to the tents or provisions of this contract. Disadvantaged Business Enterprises (DBE) (a) The vendor and its contractors, consultants, agents, or employees agree to the following assurance: The vendor, its contractors, consultants, agents, or employees shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-assisted contract or in the administration of its DBE program required by 49 CFR, Part 26, herein incorporated by reference. The vendor shall take all necessaiv 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 fitilure to carry 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 its approved contractual services, the USDOT may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1356 (31 U.S.C. 3801 et seq.), herein incorporated by reference. (b) The vendor and its contractors, consultants, agents, or employees agree to include the following assurance in each subcontract with a consultant or contractor and to require the consultant or subcontractor to include this assurance in all subsequent contracts: The vendor, and its contractors, consultants, agents, or employees agree to comply and require consultants and subcontractors to comply with 49 CFR, Pant 20, New Restrictions on Lobbying, herein incorporated by reference, for filing of certification and disclosure forms. No funds contracted hereundcr shall be used for the purpose of lobbying the legislature, judicial branch, or state agencies. Section 216.347, Florida Statutes, None of the funds under this contract will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in dirt 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 invalid, the remainder of this contract shall not be affected, In such an instance the remainder Would then continue to conform to the terms and requirements of applicable law. Outreach items cannot he freely distributed to the public without any action on a vendors part Persons rmeiving outreach items should interact with the vendor in some mangier related to the goal of the contract to receive there- The results of each interactive activity must be reported in the monthly performance report, For contracts 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 seg.), 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 future funding for any of the following reasons: o Failure to provide the required audits o Failure to provide required reports in the required time frame o Failure to perform work described in the contract scope of services o Providing frauds lent reports or invoices 0 Misuse ofmaterials or equipment provided through this contract 13 City of Miami Each vendor and its contractors, consultants, and/or agents, shall have a written safety belt policy, which is enforced for all employees. A copy ofthe policy shall be maintained by the vendor and/or contractor, consultant, or agent and made available for review if requested. No person shall, on the grounds of race, color; religion, sex, handicap, or national origin, be excluded from participation in, be refused the benefits of, or be otherwise subjected to discrimination under this contract, or any project, program, or activity that receives or beaeats from this contract. The vendor and its contractors, consultants, agents, or employes agree to comply with Executive Order (E.O.) 11246, as amended by EO. 11375, and as supplemented by 41 CFR, Part 60, herein incorporated by reference. Vendors shall (a) Utilize the U.S. Department of Homeland Security's I: -Verify system to verify the employment eligibility of all new employees hired by the V endov''Contrac€oT during the tern of the contract; (b) Expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Kubcontractor during the contract teem. The vendor and its contractors, consultants, agents, or employees unilaterally agree to comply with all State and Federal Regulations refinenccd within and pursuant to this contract. Vendors will comply with all Federal statutes and implementing regulations relating to nondiscritnutation ("Federal Nondiscrimination Authorities"). These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2004d 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 unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects) 500-065-01 SAFETY 04/17 19 (c) Federal -Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex) (d) Section 504 of the Rehabilitation Act of 19773, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27 (c) The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age) (1) The Civil Rights Restoration Act of 1987, (Pub. I- 7700-209), (broadens scope, coverage and applicabt7ity of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1475 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, Subrecipient's and contractors, whether such programs or activities are Federally funded or not) (g) Titles 11 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 hurnan health or environmental effects on minority and low income populations); and (i) Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FR 74087-74100). During the performance of this subgtant, 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-discriTti iation law or regulation, as set forth in appendix S 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 the right to impose such contract samctiotis as it, the Florida Department of Transportation, or USDOT determine are appropriate, including but not limited to withholding payments to the vendor under the contract/agreement until the vendor complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part (e) To insert this clause, including paragraphs "a" through "e", in every subcontract and drub -agreement and in every solicitation for a subcontract or sub -agreement, which receives Federal funds under this contract The vendor will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in partwith Federal funds. 500-065-01 SAFETY 04117 20 49. Certification Regarding Federa[ Lobbying. The vendor certifies, to the best of his or her knowledge and belied that: (a) No Federal appropriated funds have been paid or will be, paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an empIoyee of a Memberof Congress in connection with the awarding of any Federal contract, the malting 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. (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 Form -LLL, "Disclosure Form. to Report Lobbying," in accordance with its instructions. (c) The Subrecipient shall require that the language of this certification be included in the award documents for all sub -award at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when flus 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 5100,000 for each such failure. 14 City of Miami University of North FloridaTraining and Services Institute, Inc., d/b/a Institute of Police Technology and Management Letter of Agreement and Contract High Visibility Enforcement CITY OF MIAMI, a Florida Municipal Corporation Date: Emilio T. Gonzalez, City Manager Attest: 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