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HomeMy WebLinkAboutExhibitExhibit A Letter of MY eement and Contract I- _ -. In this contract between the Citv of Miami ("Vendor") and University' of North Florida Training and Services Institute, Inc., d/b/a Institute of Police Technoloev and Manazement (" PTNI" ); 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 w begin upon execution and w,11 end on May 15, 2020. Total contract amount will not exceed 581,860.23 The pard es to this contract shall be bound by all applicable state and federal requirements as outlined in Florida Department of Transportation (FDOT) Project #-4331444-1-8404, Contract #G1B36. All services must be completed by May 15, 2020. The final invoice must be received by June 1, 2020 or payment will be forfeited. It is expressly understood that the Vendor is an independent contractor, and not an agent of the FDOT or the University of North Florida. The FDOT and the University's (`'State Agencies" or individually "State Agency") respective total liability in negligence or indemnity for acts of its employees or officers shall not exceed the limits of their waiver of sovereign immunity provided under Section 768.28, Florida Statutes. The FDOT, the University, and the Vendor shall each be responsible for its own attorney fees in the event of a dispute. Vendor is a subdivision, as 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 shalll 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 permnz:ied 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. Thi s 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, paper, 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 11 9.07(l), Florida Statutes. City of Miami SCOPE OF SERVICES PEDESTRIAN AND BICYCLE SAFETY HIGH VISIBILITY EDUCATION AN'D E�-'ORCEINiENT CA111PAIGIi L 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: Li 2017, 3,116 people lost their lives in traffic crashes on Florida's roadways. More than 25% of thein were pedestrians (659) and more than 4% were bicyclists (128). The Purpose of this funding opportunity is to develop and implement effective community level high visibility education and enforcement details in areas with the highest representation of traffic crashes resulting in serious and fatal injuries to pedestrians and bicyclists. The project Goal is to mitigate crashes by increasing awareness of and compliance with traffic laws that protect the safety of pedestrians and bicyclists on Florida's roads. Pedestrians and bicyclists are more vulnerable that all other road users. Traffic crashes involving pedestrians and bicyclists are more likely to result in fatal or serious injuries than any other types of traffic crashes. Speed, impairment, and distractions contribute to unsafe conditions for pedestrians and bicyclists and may be included in enforcement operations where there is data to support the need for these interventions to improve the safety of pedestrians and bicyclists. Pedestrian decoys may only be included in enforcement operations to improve driver yield rates at mid - block crossing locations to improve the safety of pedestrians and bicyclists. This campaign is a component of Florida's Bicycle/Pedestrian Focused Initiative and is implemented by the Institute of Police Technology and Management (IPT11VI) 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. Imo. IPTRI RESPONSIBILITIES: IPT ji will provide the required trainin training materials, a copy of Florida's Pedestrian and Bicycle Strategic Safety Plan, and educational materials to the Vendor for distribution during enforcement operations upon contract execution. Additional educational materials, bicycle lights, and electronic media will may be requested by the Vendor but are subject to availability. IPTM reserves the right to review and audit the Vendor's compliance with the terms of this Letter of Agreement and Contract. IPTM also reserves the right to reduce the amount of funding allocated under this Letter of Agreement and Contract when it is deter-nined that the Vendor will be unable to properly utilize the full funding amount as outlined herein. z City of Miami IV. VENDOR SERVICES AND RESPO SIBMTIES: 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 pedes`sians, bicyclists, and motorists will be guided by the Vendor's policies and procedures and must comply with Florida law. The Vendor shall submit detail activity reports that document the education and enforcement outputs for each detail conducted during the contract period. To be reimbursable, activities conducted by the Vendor must meet the requirements listed in this Letter of Agreement and Contract to include the following: O Operations must begin within 30 days of the contract execution date. Exceptions requite the approval of IPTiv1. 8 Only overtime hours for sworn law enforcement officers are eligible for reimbursement (non -sworn civilian personnel are not eligible), e 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. 4 Vendor will not be reimbursed for education and enforcement details that take place at locations outside of those pre -approved by the FDOT. • Vendor will not be reimbursed for education and enforcement details that take place outside of the tunes of day pre -approved by the FDOT (each detail location may have different pre -approved times of day). : Vendor will not be reimbursed for administrative time, travel time, meal breaks or other hours that are not for participation in the education and enforcement overtime details or attendance at required training. e Each officer is limited to a maximum of si: (6) hours of reimbursable overtime in any single day (defined as 12:00 a.m. to 11:59 p.m.). There is no pay period limit. • Officer training is mandatory. For their overtime hours to be reimbursable, officers working the education and enforcement details must first complete the required four-hour training course titled "Pedestrian and Bicycle Law Enforcen.ent• Laws, Procedures and Best Practices. " Beginning July i, 2019, roll call videos and online quizzes do not qualify. Note: The four (4) hour classroom -based training is provided free of charge through IPT1Vi. Information on how to schedule the four (4) hour classroom -based training will be provided to all applicant agencies. The training delivery will be prioritized based on need. Officers are not required to be trained before the agency applies for funding. 6 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 Lar, Eiyorcernent: Laws, Procedures and Best Practices. " For their overtime hours to be reimbursable, attendance at the training must be within the contract period and must be on overtime status. Although every sworn lain enforcement 3 City 0f N1iarn� 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 fist ed.ication/emforcement detail. The second required media release must include a reminder that details are ongoing. This second media release must be distributed appro-irately 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 ofinedia engagement must be provided within 30 days of the press release or news report. • The Vendor shall distribute the provided safety educational materials during all education and enforcement details. Materials will be provided to Vendor free of charge for this purpose. • Vendor mny elect to participate in bicycle light distribution to improve nighttime visibility and compliance with F.S. 316.2065(7). A Bicycle Light Distribution Assurance Form or other documentation provided by IPTii�t is required for each bicycle light set that is distributed. The required documentation must be signed by the officer and submitted to IPTM. 6 Invoice submissions must document that eac'n officer was on overtime status while w orking the education and enforcement details in order to be eligible for reimbursement. APPROVED PERSONI NEL LIST Prior to commencing the services outlined under this contract, Vendor must submit a signed and dated list of personnel authorized to participate in overtime details under this agreement. The name and fully -loaded hourly overtime rates to be used for each officer must be submitted with the personnel authorization. The overtime rates may include the costs of hourly overtime plus associated fringe benefits paid upon the overtime. Only hours from officers li sted and within +/- $5.00 of the rates shown on the authorized personnel list are eligible for reimbursement under this agreement. The authorized personnel list shall be updated as need to add officers and update overtime pay rates. E VOLES Invoices must be submitted at least monthly (every 30 days), beginning vvithin 60 days of the contract execution date. Invoices must contain the following: Invoice to include summary of hours charged and total due. Vendor must use the invoice template provided by IPT_vl. Timesheets to include total hours worked for each individual officer. Total hours include hours worked on this contract and all regular hours that the officers worked during the billing period. The timesheets should clearly indicate that the hours charged to this HVE contract are overtime hours. All hours must be documented and the documentation submitted with each invoice. Vendor may use the supplied Personnel Services Timesheet template. Vendor may also use agency timesheet records as long as all regular work hours and the overtime HVE detail hours are shown. If the vendor uses its own agency timesheet records, it is requested that the location of each HVE detail be written beside the corresponding overtime entry. Payroll documentation: Vendor must submit payroll documentation to accompany each invoice. This payroll documentation should clearly indicate that the detail hours worked under this contract were on overtime status along with the overtime rates that were paid. As this is a cost -reimbursable contract, IPTivI can only reimburse the Vendor for an amount up to the total 4 City of 4liami 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 Acti-vity Reports: Vendor shall submit detail activity reports in a format and through an online portal designated by IPT-M. The reports will document each detail conducted and show the officers assigned, date, times, location, contacts trade, number of materials distributed, and the numbers of warnings and citations issued to motorist, pedestrians, and bicyclists for each statute. Detail Activity Reports shall be consistent with the corresponding invoices and payroll documentation. All invoices must include the dates of service (to/from) and the following certification statement: "All costs are true and valid costs incurred in accordance with the agreement, deliverables were received and accepted." The certification statement must be signed by an authorized agent of the Vendor. Invoices must be submitted through the provided online platform. In case the provided online platform is unavailable, invoice documentation can be sent electronically to red.bi'�Y.safetv(ititora PRE-APPRONTI) EVE LOCATIONS Education and enforcement overtime details are only authorized at locations (specific intersections, corridors, and/or regions) that have been pre -approved by the FDOT. Vendor may not be reimbursed for efforts conducted at locations that have not been pre -approved or that take place prior to the date of the approval. Pre -approved locations vvill be listed on the FY 2020 Approved HVA Locations Form supplied by IPTI I. Each pre -approved location will have clearly defined boundaries, times of day in which the overtime details can be worked, and an approval date. A, the goal of this initiative is to mitigate traffic crashes resulting in serious and fatal injuries to pedestrians and bicyclists, approval decisions must be driven by data and the most severe high crash locations for these types of collisions will receive priority approval. Less severe crash locations and other identified hazardous areas will be approved on a ease -by -case basis. In order to quickly respond to other locations where pedestrian and:ior bicyclist serious and fatal injury crashes are developing or worsening, additional HVE locations can receive pre -approval during the contract period. In order to obtain pre -approval of additional locations during the contract period, Vendor can submit a Supplemental HVE Location Approval Request Form. If approved, the location(s) will be added to the FY 2020 Approved HVE Locations Form and HVE overtime details will be authorized and reimbursable after the approval date. All HVE education and enforcement overtime detail locations must be approved by the FDOT. REQUES'T'S 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: a satisfied all of the provision listed within this contract ® submitted timely invoices and detail activity= reports o 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 5 City of Miami Increased fanding will be based upon availability and must be approved by the FDOT. Increased funding will be accomplished through an amendment to this contract which must be signed by the FDOT, Vendor, and IPTM. Requests for increased funding must be submitted to IPTM and received by February 28, 2020. i` ON-DISCI'-f�tATI0N A-N7D ETDiCAI STANDARDS No pe,sson 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) 0799/07 60,1'0760.btmJ _ Al officers participating in High Visibility Enforcennent activities are required to comply with the Lata Enforcement Officer Ethical Standards of Conduct as established by the Florida Department of La -vv Enforcement. lit L15:1{i3iv,'.fd1 =s`ate.fi.u&!ConLent,"C.i 0ii1c=-R'e: ui-,er3"Ee'^is-N!a, n -Pa's` -1 E- Ethic-1-Standard_-of-Conduct.asnx CORE ACTWITY PERFORDUAINCE MASIREEb / INNIF� 1-LiMil LE17EL OF SiPWICE TO BE PE `OI IED) AND CRITERIA FOR EV AD_,UATENTG SUCCESSF UI, COMPLETION. Each law enforcement agency is encouraged to complete all of the tasks as outlined within this contract. Alt_ 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 Nvill be prioritized for funding based on percentage of performance exxpectations that were met. CONSEQUENCES FOR NON -PER O P -MANCE If the Vendor is unable to properly util ze the fall funding amount as outlined herein, the amount of f3.lnding 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 Adthheld until adequate documentation is provided to support the completion of such services and the dispute is resolved. If requirements are not met, the invoice will be pro -rated and payment wrill only be made for se vices 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. b City of Miami EFFORT SUNIEMARY PED; STR14,N AAD BICYCLE SAFETY MG -H N71SIBlUTY EDUCATIDIN- AND EINTORCETNIENT CAMPMGiIr QUANTiP ABLE, ME ASUR-A 3LE, AND VERIFIABLE DELMERABLES ® Approximately 1,264 personnel overtirne hours vill be l"?orked at approved locations and during approved times during the contract period. • At least hvo (2) media engagements will be conducted during the contract period. • Detail Activity Reports will be submitted for each education and enforcement detail worked. • Bicycle Light Distribution Assurance Forms will be provided for each bike light distributed. • Lnvoices will be submitted for each month or payroll period in v.-hieh overtime details vrere performed. PERFOR-11MAIa CE MEASURES Proof of performance documentation must be submitted. This includes, but is not limited to, the following: o Detail_ Activity Reports • Proof of media engagements • Proof of overtime hours worked Total contract amount not to exceed: S81,860.23 7 City of Nflami Letts: ofAcureement pnd Contract University of idrirth iorida Training and Services Institute. Inc. dl'nla Inst4ftute o� PoUce Technology and Management Shari Shuman, President Ds_e Cameron- Pucci, Director Dale IUNDDRt ACK OWLEDGIEMENT: By sing below, I certify that I have read the entire document, agree to abide by the pricinD and all teF� end conditions of this Letter of Agreement and Contract, and that I am authorized to sign for the Vendor, Vendor Name: City ofRIiamz Address: 444 SW 2nd A=:e.. Mianni, FL. 313-1130 Vendor's Authorized Agent Signature Prntec"i Nam-, Ar ter= r'�'•.'r? MA std FDOT APPROVAL 8 City of Miami Date Title Florida Department of Transportation (FDOT) Project h 433144-1-8404, Contract r GOY79 State and Federal Requirements. FEDEMAL RESOURCES AE4 ARDED PURSUANT TO THIS CO - ACT ARE SU&TEC'I TO TIFE FOLLONYL`rG AUDIT REOUI.RENNIENTS: 2 CFR Part 200 - Unsform Admiu'stnitiv-e ReauilZmzents, Cost Principles & Audit Requirements for Federal Awards v, :;. �. _-.• F1;DERAL RESOURCES AWARDED PIMSLT N T TO THIS CON- ACT bLAY ALSO BE SU CT TO THE FOLLOIN'TdG: Title 23 - Highways, United States Code h ? sn'ode11 ouse.Rov:'o,, se.xhtnJ Title 49 - Transportation, United States Cede htt 0: ffin sco d e- 1 useSovbraWse, rhttnl MAP -21- Moving Ahead for Progress in the 21 # Century, P.L. 112-141 z•asv.d0E.aroY/ nn21 Federal Highway Administration- Florida Division wv,v •. fn :va_dct. i-�ovlfldi v Federal Funding Accountability and Trusparency Act (FTATA) Sub -award Reporting System (FSRS) FEDEILAL RESOURCES AWARDED PURSUANT TO THIS CON711ACT ARE SUI3MECT TO THE FOLLOWING REOUMN ENTS: Failure to submit proms reports and invoices as outliners in the Letter of Agreement and Contact may result in tenni nation 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 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 sorvices. AL invoices must contain the full details of each expenditure slit-acient to support a proper pre -audit and post audit based on the scope of w: e -c and services identified in the Letter of Azieenment and Contract. A111 invoices shall be sued by an Authorized Representative of the vender or their dela: te. Payment w -:ll be made only after recaipt and app, oval of goods and services as o.rtlined in the attached c;nt-act and exbrbitS. If the Univer ity detes that the performance of the vendor is unsatis;actory, the University shall notify the vendor of the deficiency to be corrected, which torr ction shall be made within a tinie- frame to be specified by the Universiry. The vendor shall, within five days after notice f �•m 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 ran' mum performance levels, deliverable deficiencies, or contract non- compliance. If the corrective action plan is t:naceeptable to the University, the vendor shall be assessed a non -pet form—a ce reainage equivalent to 10,0 of the total invoice amount. The retainage shall be applied to the invoice for the then -current billing period. The r ai a-ge shall be wihheld until the vendor ttsol ves 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 contracts term. A Ver -dor Ombudsuan has been etablis led within the Dratttnent of Financial Services. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payments) from a state agency or University, The Vendor Ombudsman may be contacted at (850) 413- 5516. V The vendor shell establish fiscal control and fund acoou sting procedures that assure proper disbursement and accounting of contracted funds and TWuL*ed expenditures. Ali monies sent 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 r ferenced in this contract. All expenditures and cost accounting of funds shall conform to 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, herein incorporated by reference, (hereinafi`r referred to as Applicable Federal Law). The vendor agrees to comply with all applicable provisions of Chapter 287, Florida Statutes. The following provisions are stated in flys contract pursuant to sections 287.133(2)(a) and 287.134(2)(x), Floiida Statutes. (a) Section 287.133 (2)(a), F.S. A person or a f liate who has been placed on the convicted vendor list following a conviction for a public entity crime nuzy net submit a bid, proposal, or reply on a contract to provide goods or services to a public entity; may not submit a led, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; rray not submit bids, proposals, or replies on leases of reel 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 t -a -tract business with any public entity in excess of the threshold amount provides in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. (b) Section 287.134 (2)(a), F.S. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may net submit a bid, proposal, or reply on a contract with a public entity for the construction of repair of a City of Miami public building or public work; may not submit bids, proposals, or replies on lees of real property to a public entity; may not be awarded or perform woilk as a contractor, supplier, subcornttactor, or consultant under a contract with any public entity; and may not transact business with any public entity. All invoices for services shall contain the followina certification statement and must be signed: by the vendor financial representative: "All costs are true and valid ccsts incurred in accordance with the agreement, deLverables were received and accepted." The University and FDOT State Safety Office shall review and approve in writing alI amendments to consuhani 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 Requw's for amendment shall be in the form of a wrien request signed by the Authorized Representative of the vendor. Wegatiors of signature autI ont} will not be accepted for amendment requests without prior written approval. Approval of this couiractual service agreement does not constitute approval of amendments to the contract. Any contract amendment executed without prior written approval of the University and FDOT S tate Safety Office will not be reimbursable under this contract. The a1lowabih ty of costs incurred under any contract shall be determined in accordance with the genal principles of allow -ability and standards for selected cost items set forth in the Applicable State and Fede -al Law, to be eligible for reimbur_emeat. All funds not spent in accordance with the Applicable State and Federal Law will be subject to repayment by the vendor. Only costs directly related to the approved scope of services within the attached contract shall be allowable. The State of Florida's performance and obligation to reimburse the vender 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, Governmentvuide Debarment and Suspension (Nonprocuremment) and Governmenhvide Requirements for Drug -Free Worlgsiaee, herein incorporated by reference, the vendor shall not be reintbiused for the cost of goods or services received from cont, -actor, consultants, veadors, or individuals suspended, debarred, or otherwise excluded from doing business with the Federal government. The sub -recipient or its implementing agency shall submit the required certification by consultants with awards in excess of the small purchase threshold fixed at 10 U.S.C. 2301(8) and 41U.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 r„arons for delay, and the expected starting date. If after 60 days from the acceptance of the contract, services as described herein has net begin., a further statement of implementation dela;• will be submitted by the vendor to the University. Time vendor agrees that if the letter is not received in the 60 days, the University may cancel the contract. The University, or the FDOT State Safety Office Program Manager, where warranted by excusable delay, may extend the implementztion date of the project past the 60 -day period. In this case, formal -written approval will be provided to the vendor from the Un versity or FDOT State Safety Ofr3ce Program Nfanager. Funds may not be oblia tad prior to the effective date or subsequent to the end date of the contract service period. Only costs incurred on or after the effective date of the contract and on or prior to the end data of the contract are eligible for payment. A cost is incurred when the vendors employee or approve j suhcont_ractor performs the service required or when gocds are received by the vendor, nomrithstanding the date of order. In the event of default noncompliance, or violation of any provision of this contract by the vendor, the vendors consuliant(s) or contractor(s) and supplier(s), the vendor agrees that the University will impose sanctions. Such sanctions include withholding o€payment; retainage, cancellation, tennination, or suspension of the contract in whole or in pan. In such an event, the University shall notify the vendor of such decision 30 days in advance of tie 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 effort on contract perfornmance. 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 Adrunisiration (FIBYA), Chief Financial Officer (CFO), and Auditor General (r`.G) of the State ofFiodda, or any of their du'y authorized representatives, shall have access to all book:, documents, papers, and records ofthe vendor pertaining to this contract and to relevant books and records of the vendor, and its consultants and contractors wider this contract, for the purpose of audit and examination as provided un -der Applicable Federal Law. fr. 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 Pan 200, and status checks of contract activity via telephone calls from UnivarsiV staff to vendor. By entering into this caatrac, the vendor agrees to comply and cooperate with monitoring procedures. hi the event that a limited scope audit of the contract is performed, the vendor agrees to bring the project into compliance with the contractual service agreement. 'Ib-- vendor frrthr agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. The vendor agrees to comply with all provisions provided in Chapter 119 Florida Statutes. If the vendor receives a public records request concerning its work undertaken pu._soant to this contract, the vendor must take appropriate action as requires by Chapter 119, Florida Statutes. The University shall unilaterally cancel this contract if the vendor refuses to allow public access to all documents, paper, Idlers, or other material subject to the provisions of Chapter 119. F.S.; and made or received by the vendor in conjunction with this cont: -act. Re orris of costs incurred under the terns 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 shat be fair r.ished to the University upon request. Records of costs incurred include the vendor; general accounting- records and the contract records, together with supporting documents and records, of the vendor and all subcontractor performing work on the contract, and all other records of the vendor and subcontractor considered neecemarr by the University for a proper audit of costs. The administration of resources awarded through the University to the vendor by this Agreement may be subject to audits and/or monitoring by the University. The following requirements do not limit the authority of the University to conduct or ar-ange for additional audits or evaluations of contracts issued pursuant to Federal awards or limit the authority of any State agency in.Tector 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. 10 City of Miami (a) In addition to reviews of audits conducted in accordance nth 2 CFR Part 2CO3 Subpa,, F- Audit Requirements, monitoring procedures may include but not be limited to on-site visits by University staff and/or other procedures including reviewing any required performance anal fi=.-.ial reports, following up, ensuring corre:.tive action., and issuing management decisions on weaknesses found through audits when those findings pertain to contacts issued purstum to Federal awards provided through the University. By entering into this contract, the vendor afire.- to comply and cooperate fully with any monitoring procedurw(processes deemed appropriate by the University. The vendor further agrees to comply and cooperate with any inspection reviews, investigations, or audits deemed necessary by the University, State of Florida Chief Financial Officer (CFO) or State of Florida Auditor General. (b) The vendor; a non -Federal entity as defined by 2 CFR Part 200, Subpart F - Audit Requirements, as a sub-recipient of a cont act punmant to a Federal avwd awarded by the University is subject to the following requirements: (1) In the event the vendor expends a total amount of contracted funis pursuant to a Federal award equal to m in excess of the threshold W—Ablished by 2 CFR Part 200, Subpart F - Audit Requirements, the vendor must have a Federal singe or program -specific audit for such fiscal year conducted it.- accordance naccordance with the provisions of 2 CFR Part 200, Subpart F - Audit Requirements. This contact provides the required Federal award identification information needed by the vendor to further comply with the requirements of 2 CFR Part 200, Subpart F - Audit Requirements. In determining contracted funds pursuant to Federal awards expended in a fiscal year, the vendor must consider all sources of Federal awards baser; on when the activity related to the Federal award occurs, including the Federal award provided through the University by this contract. The determination of amo ants of Federally awarded funds expended should be in accordance w ith the guidelines established by 2 CFR Part 2CO3 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 - Au &, Req.rirements, vAll meet the requirements of this part. (2) In connection with the audit requirements, the vendor shall fulfill the requir mens relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F- Audit Requirement. (3) In the event the vendor expends less than the threshold established by 2 CFR Part 200, Subpart F - Audit Requirements, in Federal awards, the vendor is exempt from Federal audit requirements for that fiscal year. However, the vendor must provide a single audit exemption statement to the Florida Department of Transportation at FD0 i Sin,:1 _ j;.r 'dr t ate.fl.t s no later than nine months after the end of the sub-recipierifs audit period for each applicable audit year. In the event the sub -recipient expends less than the threshold esablished by 2 CFR Part 200, Subpart F - Audit Requirements, in Federal awards in a fiscal year and elects to have an audit conducted in accord-mve with the provisions of2 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 ftm the vendors resources obtained from other than Feder; entities). (4) The vendor must el ctronicallv submit to the Federal Audit Clearinghouse (FAC) at h psi ri? =rate .cen u .gc •' 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 arditoes report(s) or nine months after the end of the audit period. The FAC is the repository ofrecord for audits required by 2 CFR Part 200, Subpart F - Audit Regriiremcn`s, and this Agreement. However, the Florida Department of Transportation requires a copy of the audit reporting package also be submitted to FDOTSiagl ;+Fc 1 =_ts . fl.us within the earlier of 30 calendar days after receipt of the auditor's report(s) or rine months eter the end of the audit period as required by 2 CFR Part 200, Subpart F - Audit Requirements, (5) Within six month_ of acceptaYce of the audit repot, by the FAC, the Florida Department of Transportation will review the sub -recipient's audit reporting pacicr_e, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on al deficiencies has been taken pertaining to the Federal award provided through the University by this con�uact. If the vendor fails to have an audit conducted in accomdance with 2 C -FR Part 200, Subpart F - Audit Requirements, the University may impose additional conditions to remedy noncompliance. If tie University or the Florida Department of Transportation determines that noncompliance cannot be re-medied by imposing additional conditions, the University may take appropriate actions to enforce compliance, which actions may include but not be limited to t e. following: a. Tempos-rih withhold cash payments pending correction of the deficiency by the vendor or mor severe enforcement action by the Univetssity; b. Disallow (deny the use of funds for) all or part of the cost of tha activity or action not in compliance; c. Wholly or partly suspend or terminate the contract; d. Initiate suspension or debarment prnceesings 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 off Tmnsportation, recommend such a proceeding be initiated by the Federal awarding agency); e. Withhold fu, Iter 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 a.rdit findings, appeals or litigation shall be retained until the action is complete or the dispute is resolved. (7) The contact information for requirements under this part is as follows: Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 FDOTSin�-:IeAud t dot.state.fl.us (8) The vendor agrees to comply with Section 20.055(5), Florida Statutes, and to incorporate in aL subcontracts the obligation to comply with Section 20.055(5)1 Florida Stag?es. The vendor shall retain sufficient records demen-tmting 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 11 City of Miami records upon request. The vendor shall ensue 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 ertablish and administer a systen to control, protect, preserve, use, and maintain and tack any property or materials purchased pursuant to this contract. Any dispute, disc. ement, or quti-tion of fact arising under the contact may be addresses to the Program Manager in the FDOT State Safety Office in writing. The Program Managers decision r ---v be appealed in writing cv illi n 30 calendar days from the notiycation to the Govemot's High=way Safety Representative, whose decision is final. Address' are: Florida Depar.-nent of Transportation Attu: Trerda McPherson, State Bicycle Pedesuian Safety Program Manager State Safety Office, MS 53 605 Suwannee Street Tallahassee, Florida 32399-0450 Florida Department of Transportation Attn: Govemoes Flighway Safety Representative State Safety Office, MS 53 605 Suwannee Street Tallahassee, Florida 32399-0450 The vendor shall proceed di.1 igenfy with the performance of the work in accordance with the contract and in accordance wi`:h the decisions) nsul� q fro= dispute resolution. Conferences may be held at the request of any parry to this contract_ Representatives of the University, Florida Department of Transportation, or the. U.S. Department of Transportation (USDOT), or all the above, shall be privileged to visit the site for the purpose of inspection and assessment of work being performed at any time. Subject to the limitations of Section 768.28, Florida Statutes, the vendor and any subcontractor that are patty to this contract shall be required to defend, hold harmless and indemnify the University, the Florida Department of Transportation. NhMA, FHW,'L, and USDOT, from all claims and liability, or both, due to negligence, recklessness, or intentional wrongful misconduct of the vendor, its contractor, consultant, agents and employees. The vendor and its contractors, consultants, agents, or employees sn1I be liable for any loss of, or damage to, any material purchased or developed under this contact 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 carefirl owner of similar materials would exercise. The parties executing this contract specifically agree that no provision in this contract is intended to create in thepublic or any member thereo , a third party beneficiary, or to authorize anyone not a party to this contract to maintain a suit for personal injuries or property damage pursuant to the terms orprovisions of this contract. Disadvantneed Business Enterprises (DBE) (a) The vendor and its contractors, consultants, agents, or employees agree to the faDowing- 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 perfona-ance of any USDOT-assisted contract or is the administration of its DBE prod � required by 49 CFR, Past 26, herein incorporated' by reference. The vendor shall tale all necessary and reasonable steps under 49 CFR, Part2 to ensure nondiscrimination in the adnumstration of USDOT assisted contacts. Implementation ofthis contract is a legal obligation and failure tc carry out these requirements is a material brw_h of this contract, which may result in the termnatien of the contact or such outer remedy, as the sub -recipient, its implementing agency, or the Department deem appropriate. Upon notification to the vendor of its failure to carry out its approved conLrectual services, the U SDOT may impose sanctions as provided for under Part 26 and may. in appropriate cases, refer the matter for enforcement ender 18 U.S.C. 1001 and -'or the Program Fraud Ci-, 11 Remedies Act of 1986 (31 U.S.C. 3801 et seq.), herein incorporated by reference. (b) The vender and its contractors, consultants, agents, or employees agree to include the following assurance in each subcontract with a consultant or contractor and to require the consultant or subcontractor to include this assurance in all' subse•T.rent contracts The vendor, and its contractor, consultants, agents, or employees agree to comply and require consultants and subcontractors to comply with 49 CFR, Part 20, New Restrictions on Lobbying, herein incorporated by reference, for filing of certification and disclosure forms. No funds contracted hereunder shall be used for the purpose of lobbying the legislature, judicial branch, or sate agencies. Section 216.347, Florida Statutes. None of the finds 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.L., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NETSA funds from engaging in- direct conummications 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 spe iLc 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 theft continue to conform to the terms and requirements of applicable law. Outreach items carrot be freely distributed to the pubfic without any, action or, a vendors part. Persons receiving outreach items should interact with the vendor in some manner related to the goal of the contract to receive them. The results of each interactive activity must be reported in the monthly performance report. Forcontracts in excess of 5100,000 the vendor and its contractors, consultant, agents, or employees agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7,101 et seq) and the Federal Water Pollution Control Act (33 U3.C. 1251 et scq.), herein incorporated by reference. The vendor shall include this provision in all subcontract awards in excess of S 100,000. The vendor and its contractors, consultants, agents, or employees agree that the University shall find the vendor and its contractors, consultants, agents, or employees ineligible for future funding for any of the following reasons: y 12 City of Miami e Failure to provide the required audit o Failure to provide required reports in the require: time frame o Failure to perform work described in the contact scope of services o Providing fraudulent reports or invoices o Misuse of materials or equipment provided through this contract Each vendor and its contactors, consultants, author 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;orcontractor, consultant, or agent and made available for review if requested. No person shall, on the grounds of race, color, religion, sox, handicap, or national origin, be excluded from participation in, be refused the benefits of, or be otherwise subjmted to discrimination under this contract, or any project, pro_ggram, or activity: that receives or benefits from this contract. The vendor and its contractors, consultants, agents, or employees agree to comply with Executive Order (E.O.)11246, as amended by E.O. 11373, and as supplemented by 41 CFR, Part 60, herein incorporated by reference. Vendors shall (a) Utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment ehzibility of all new employees hired by the Vendor;'Contractor during the term ofthe contract; (b) Expressly require any subcontractor performing work or providing services pursuant to the state contract to likewise t-rtilize the U.S. Department of Homeland Secur_"ty s E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. The vendor and its contractors, consultants, agents, or employees unilaterally agree to comply with. all State and Federal Regulations referenced within and pursuant to this contract. Vendors will comply with all Federal statutes and implementing regulations relati .- to nordiscrmination ("Federal Nondiscrimination Authorities*'). These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2 0 0 0 d et seq., 78 stat 252), (prohibits disc iiminatinn on the basis of race, color, national onem. ) 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 Fedeal or Federal -aid prog m s and projects) 500-065-01 SAFETY 04!1719 (c) Federal. -Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title LK of the Education -Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685- 1686) (prohibit discrimination on the basis of sex) (d) Section 504 ofthe Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits dscrimination on the basis of disability) and 49 CFR part 27 (e) The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age) (f) The Civil Rights Restoration Act of 1937, (Pub. L, 10( —209), (broadens scope, coverage and applicability of Tide 4'I ofthe Civil Rights Act of 1964, The Age Discrrimirt :tion Act of 1975 and Section 504 of the Rehabilitation Act of 19?3, by expanding the definition ofthe terms "programs or activities" to include all of the programs or activities ofthe Federal aid recipients, Subrecipient's and contractus, whether such programs or activities are Federally funded or not) (g) Titles Hand III ofthe Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibit discrimination on the basis ofdisabuty in the operation ofpublic entities, public and private transportation systems, places of public accom=modation, and certain testing) and 49 CTR parts 37 and 38 (h) Executive Order 12898, Federal Actions To Address Environmental Justice in'TNIinority Populations and Loci Income Populations (prevents discrimination against minority populations by discouraging prog erns, policies, and activities with disproportion.. -rely high and adverse human health or eniron.,mental effects or minority and low income populations); and (i) Executive Order 13166, Improving Access to Service, for Persons with Limited English Proficiency (guards against Title tri national origin dscdmination'disLaminadon because of limited EaglisL proficiency (LEP) by ensurmg that funding recipient; t=ike reasonable steps to ensure that LEP persons have meaningful access to pmg-ams (70 FR 74.1087-74100). During the performance ofthis 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 it books, records, accounts, other sources of in`armation, and its fcilities as required by the FDOT State Safety Office, US DOT or Iti`H—ISA (d) That, in event a vendor fails to comply with any nondiscrimination provisions in this conaact, the Unit ersin, will have the right to impose such contact sanctions as it, the Florida Department of Transportation, or USDOT determine are appropriate, including but not limited to withholding payments to the vendor under the contract/agreement until the vendor complies; and'or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part (e) To insert this clause, including paragraphs "a" through "e', in every subcontract and sub -agreement and in every solicitation for a subcontract or sub -agreement, which receives Federal funds under this contract The vendor will comply with provisions ofthe Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees wi;ese principal employment actitidties are funded in whole or in part with Federal funds. 500-065.01 SAFETY 04,17 20 49. Certification Regarding Federal Lobbying. The vendor certifies, to the best of his or her lmowledze and belief, that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a ivfember of Congress, an ofacer or employee of Congress, or an employee of a Member of Corgrtss 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 contraci grant, loan, or cooperative agreement. (b) Lrany finds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee ofCongress, or an employee of a Member of Congress in connection with this Federal contract, grtirt, loan, or cooperative agreement, the undersigred shall complete and submit Standard Form -LLL; "Disclosure Foran to Report Lobbying," in accordance with its instructions. (c) The Subrecipient shall require that the language of this certification be included in the award documents for all sub -award at all tiers (including subcontracts, sub_grants, and contracts under grant, loans, and cooperative agreements) and that all Subm ipients shall certify and disclose accordingly. This certificalfion is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for 13 City of Miami malting or enter;ng into this tansaction imposed by section 1352, tine 31, U.S. Code. Any peren v ho fails to file the rzqu z3 certifrcatioa s:a11 be subjectto a civil penalty of not less than $10,000 and cwt here than S100,000 for each such failure. 14 City of Miami 201992020 Ped, estrian and Bicycle Safety Hich Visibility Ed ucation and Enforce—me nt Campaign Site Location APP. -oval Request Agency Name: Miami PD HVE Location Number: 1 HVE Location Description: SW 7t�r, St from SW S'h St to SE 2nd Ave Pedestrian/Bicycle crashes occurred most often and HVE details are to be authorized between: 9:30 am — 6:30 pm Prepared by: Jessica Harden 8/28/19 Name Date FDOT Approval F Name \-�Vvp kt&,L' Dada approved 210-19-2,-D-90 Pe-des-1,71an and Bicycle Safety Hi!; -!h Visibility Education and Enforcernen-t Carnpaim Site Location Approval Request Pedestrian/ Bicycle crashes occurred most often and Hili: details are to be authorized between: 8:30 am -10:30 pm Prepared by: Jessi-ra Harden 8/28/19 Name Data & I f jf-�, MOT Approval e Irp bA Name Date approved 21,119-2020 Pelle tr',,2n and Bicycle Safety Hig,h VisiblIP. lEdu ation end En orcement Ca�'iA pa' -n ID Site Location Approval F"equest Agency Name: Miami Pia HVE Location Number: 3 HVE Location Description: NUJ 36 I St from NW 25" Ave to 1-95 Pedestrian/Bicycle cras'nes occurred I' ost often and HVE Beta is are to be a 4z d b tan: 8:30 pm — 7:00 am Prepared by: Jessica Harden 8128/19 Name Date FDQI Approval U�� � t.� 7 t ff L:J w I I acne � �` = � Date aploro ed 2019-2020 Pedestf i:an and Bicycle Safety Hlz7h VIs bili y EduCa. bion and €n orcernen - Carmalm She Location fi-p-pr oval bequest Agency Name: Miami PD HVE Location Number:4 HVE Location Description: NW 12'J'Ave from NW 7�'' S: to SW 1:t Si Pedestrian/Bicycle crashes occurred most often and HVE detain are to be authorized between: 8:00 am —11:00 pm Prepared by: Jessica Harden 8/28/19 Name Date FDOT Approval ` �°`J•�r, :.:rim Lint Name" �y��a �s ��- Date approved 2019-2020 Pedestrian and Bi da Sal-ety HI --h Visibl!"Ity Education and Enforcement Campam 'F S-L .L W ie ocation App.roval Request Agency Name: Miami PD HVE Location Number: 5 HVE Location Description: W Fla. -ler St from 72nd Ave to SW 42n6 Ave Pedestrian/Bicycle crashes occurred most often and HVE details are to be authorized between: 6:00 am —12:00 am Prepared by: Jessica Harden 8/28/19 Flame Data FDOT Approval N2 M e Date approved University of North Florida Training and Services Institute, Inc., d/b/a Institute of Police Technology and Management Letter of Agreement and Contract Communication and High Visibility Enforcement CITY OF MIAMI, a Florida Municipal Corporation By: Date: Emilio T. Gonzalez, City Manager Attest: By: Date: Todd B. Hannon, City Clerk Approved as to Form and Correctness: By: Date: Victoria Mendez, City Attorney Approved as to Insurance Requirements: By: Date: Ann -Marie Sharpe, Director of Risk Management