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8South'Miami THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To:The Honorable Mayor &Members of the City Commission From:Steven Alexander,City Manager Date:February 7,2017 Agenda ItemNo.% Subject: Background: A Resolution authorizing the City Manager to execute a contract with the Universityof South Floridafor the Pedestrian and Bicycle Safety Enforcement Campaign,in an amount notto exceed $5,573.12. The Florida Department of Transportation,through a grant with the University of South Florida,will utilizelaw enforcement support to educate and enforce safe pedestrian,bicyclist,and driver behaviors inpriority countries inFlorida.The main objective of this effortisto reduce traffic crashes resulting in pedestrian and bicyclist fatalities and serious injuries through the use of selected traffic education and enforcement operations. The purpose of this funding opportunity isto develop and implement effective community levelhighvisibility enforcement operations in areas with the highest representation oftraffic crashes involving pedestrian and bicyclist resulting in fatalities and serious injuries. The project goal isto increase awareness of and compliance with traffic law pertaining to pedestrian and bicyclist safety in an effort to reduce pedestrian and bicycle crashes,fatalities,and serious injuries on our roadways. Pedestrians and bicyclist are more vulnerable than all other road users.Traffic crashes involving pedestrians and bicyclist are more likelyto result in fatal or serious injuries than any other types of traffic crashes. I'lMiDmiSouth'Miami THE CITY OF PLEASANT LIVING Grantor: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM This campaign isa component ofFlorida's Bicycle/Pedestrian Focused Initiative.This campaign supports the goals established in Florida's Pedestrian andBicycle Strategic Safety Plan.High Visibility Enforcement activities are beingimplementedto educate pedestrians,bicyclist,and motorist. Florida Department of Transportation through Universityof South Florida Grant Amount:$5,573.12 Grant Period:Upon execution date through May 15,2017 Attachments:Letter of Agreement and Contract 1 RESOLUTION NO. 2 3A Resolution authorizing the City Manager to execute a contract with the 4 University of South Florida for the Pedestrian and Bicycle Safety 5 Enforcement Campaign,in an amount not to exceed $5,573.12 6 7 WHEREAS,theCity of South Miami hasa grant award to utilize law enforcement support 8toeducateand enforce safe pedestrian,bicyclist,and driver behaviors intheCity;and 9 10 WHEREAS,the Mayor and City Commission desire to educate and enforce safe pedestrian, 11 bicyclist,and driver behaviors intheCity,as outlined in Exhibit A of the attached Letter of 12 Agreement and Contract;and 13 14 WHEREAS,the Mayor andtheCity Commission wish to accept the Contract Agreement 15withthe Florida Department of Transportation throughthe University of South Florida forthe 16 Pedestrian and Bicycle Safety Enforcement Campaign. 17 18 NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY 19 COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA THAT: 20 21 Section 1:The City Manager is hereby authorized to execute the City Manager to execute a 22 contract with the University of South Florida forthe Pedestrian and Bicycle Safety Enforcement 23 Campaign,inan amount notto exceed $5,573.12.The Letter of Agreement and Contract is attached 24 to this resolution. 25 26 Section 2.Severability.If any section clause,sentence,or phrase of this resolution isfor 27any reason held invalid or unconstitutional bya court of competent jurisdiction,the holding shall 28notaffectthe validity of the remaining portions of this resolution. 29 30 Section 3.Effective Date.This resolution shall become effective immediately upon 31 adoptionbyvote of theCity Commission. 32 33 PASSED AND ADOPTED this ,day of ,2017. 34 35 ATTEST:APPROVED: 36 37 38 CITY CLERK MAYOR 39 40 READ AND APPROVED ASTO FORM Mayor Stoddard: 41 LANGUAGE,LEGALITY AND Vice Mayor Welsh: 42 EXECUTION THEREOF:Commissioner Edmond: 43 Commissioner Harris: 44 Commissioner Liebman: 45 CITY ATTORNEY Letter of Agreement and Contract In this contract between the City of South Miami ("Vendor")and the University of South Florida Board of Trustees,a public body corporate for the University of South Florida's Center for Urban Transportation Research ("University").ThecontractperiodwillbeginuponexecutionandwillendonMay 15,2017.TheVendorshallperformtheservicesas outlined inthescopeofservices(ExhibitsA&B). Total contract amount will not exceed $5,573.12 The parties tothis contract shall be bound byall applicable state and federal requirements as outlined in Florida Department of Transportation (FDOT)Project#433144-1,Contract #G0E08 (attached).All services mustbe completed byMay 15,2017.ThefinalinvoicemustbereceivedbyMay 31,2017orpaymentwillbe forfeited. ItisexpresslyunderstoodthattheVendorisanindependentcontractor,andnotanagent of FDOTorthe University.TheVendorshalldefend,holdharmlessandindemnifytheUniversity,FDOT,theNational HighwayTrafficSafety Administration ("NHTSA"),FederalHighway Administration ("FHWA"),andtheU.S. Department of Transportation("USDOT"),fromallclaimsfordamagesandliabilityduetothenegligentor wrongfulactoromission of anyemployee of theagencyorsubdivisionwhileactingwithinthescope of the employee's officeoremployment.Asagenciesorsubdivisions of theState of Florida,FDOT,theUniversity, andthe Vendor's liability shall not exceed thelimits of their waiver of sovereign immunity provided under Section768.28,Florida Statutes.No party shallbe responsible for attorney fees of another party except as provided by statute. Inaccordancewiththecontract,theVendorisauthorizedtoperformthetasksdetailedinthescope of services (ExhibitsA&B)andisfully responsible for satisfactory completion of allservices.Services performed priorto receiving an executed contract fromthe University willnotbe eligible for reimbursement.This contract does notinvolvethe purchase of Tangible Personal Property,as defined in Chapter 273,Florida Statutes. UNIVERSITY CANNOT PROVIDE LEGAL ADVICE TO VENDOR REGARDING ITS LEGAL DUTIES.HOWEVER,VENDOR MAY CONTACT UNIVERSITY'S CUSTODIAN OF PUBLIC RECORDS AT USFPURCHASING@USF.EDU OR 813- 974-2481 IF VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,FLORIDA STATUTES TO THE VENDOR'S DUTY TO PROVIDE AND MAINTAIN PUBLIC RECORDS RELATING TO THIS AGREEMENT. {00111290.DOCX} CANCELLATION:This contract maybe unilaterally cancelled by FDOT orthe University for refusal bythe Vendor to allow public access toall documents,papers,letters,or other material made or received bythe Vendorin conjunction withthis contract,unlesstherecordsare exempt fromsection24(1)of Article1 of the state constitution and section 119.07(1),Florida Statutes. University of South Florida Board of Trustees Date Project Director,University of South Florida Date Vendor's Authorized Agent Signature Date APPROVED AS TO FORM AND LEGAL SUFFICIENCY joeiLmuirigan FDOT Approval Date: ATTHPNiPV.TTSF {00111290.DOCX} EXHIBIT "A" SCOPE OF SERVICES PEDESTRIAN AND BICYCLE SAFETY ENFORCEMENT CAMPAIGN City of South Miami (Vendor) OBJECTIVE: TheFlorida Department of Transportation("FDOT"),throughagrantwiththeUniversity of SouthFlorida ("University"),willutilizelaw enforcement supportto educate and enforce safe pedestrian,bicyclist,and driver behaviors inpriority counties inFlorida.Themain objective of thiseffortistoreducetrafficcrashes resultinginpedestrianandbicyclistfatalitiesand serious injuriesthroughtheuse of selectedtrafficeducation and enforcement operations. H.PURPOSE: In2014,2,494peoplelosttheirlivesintrafficcrasheson Florida's roadways.Morethan24%of themwere pedestrians (606)and more than 5%were bicyclists (135). The Purpose of thisfunding opportunity istodevelopand implement effective community levelhigh visibility enforcement operations inareaswiththehighest representation of traffic crashes involving pedestrians and bicyclists resulting infatalitiesandseriousinjuries. Theproject Goal istoincreaseawarenessofandcompliancewithtrafficlawspertainingtopedestrianand bicyclist safetyinanefforttoreducepedestrianandbicyclecrashes,fatalities,andseriousinjuriesonour roadways. Pedestrians and bicyclists aremore vulnerable thatallotherroadusers.Trafficcrashes involving pedestrians and bicyclists aremorelikelytoresultinfatalorseriousinjuriesthananyothertypes of trafficcrashes. Thiscampaignisa component of Florida's Bicycle/Pedestrian FocusedInitiativeandis implemented bythe University of South Florida under thedirection of the Florida Department of Transportation.This campaign supportsthegoals established in Florida's PedestrianandBicycleStrategicSafetyPlan.HighVisibility Enforcement activities are being implementedtoeducatepedestrians,bicyclists,and motorists ontrafficlaws pertaining to pedestrian and bicycle safetyandtoincrease compliance withthoselaws. HI.SERVICES TO BE PROVIDED BY THE VENDOR: A.High Visibility Enforcement of allroadusers,including pedestrians,bicyclists,andmotorists,inan effortto change behaviors andimprovethesafety of pedestrians and bicyclists.Conduct on-street educationand enforcement operationsincludingthedistribution of educationalmaterials,andtheissuance of warnings and/or citations to pedestrians,bicyclists,and motorists in accordance with Florida Statues. The Vendor mustfollowan education-warning-citation progression,withan emphasis on education throughout the contract period.Education MUSTbedoneforatleasta third of the contract period. B.Enforcement initiatives must begin within 30 days of the contract execution date.Exceptions for delayed startmaybe approved ifaState of Emergency is declared bythe Governor that directly impacts the Vendors ability to perform.All exceptions require the approval of the University and FDOT. C.The Vendor shall distribute the provided safety educational materials during ALL High Visibility Enforcement operations.Vendorsthatelectto participate in bicycle light distribution willberequiredto complete a separate Bicycle Light Distribution Assurance form.Lights maybe available,butdueto limited quantities,this is not guaranteed. {00111290.DOCX} D.The Vendor is required to engage the media during the contract period.The Vendor shall distribute a minimum of two (2)press releases during the contract period.The initial required media engagement will announce that enforcement operations will begin and must be conducted a minimum of seven (7)days in advance of the operation start date.The second release must be distributed between the warning and citation phases.Additional media engagement is encouraged throughout the contract period.Proof of media engagement mustbe provided within30days of thepress releaseor news report asabackup documentation component for invoicing during theperiodinwhichit is conducted. IV.UNIVERSITY RESPONSIBILITIES: The University will provide toVendorcopies of the required training materials,acopy of Florida's Pedestrian and Bicycle Strategic SafetyPlan,educational materials for distribution,and approved safety messages.The University reserves therighttoreviewandauditthe Vendor's compliance withtheterms of this Letter of Agreement and Contract atanytime.Intheevent University determines that Vendor isnot averaging the required number of operations,hours,andofficersineach operation overthe period time between thedate delivery of services commence andtheauditdate,as agreed to herein,the University may reduce the funding forthe remaining term of the Agreement bythe percentage difference between the required number of operations and officers andtheActualAverage.(Information regarding the"Actual Average"canbefoundon the last page of this contract.) V.VENDOR RESPONSIBILITIES: ON-STREET OPERATIONS Funding is restricted to on-street overtimeoperations conducted by sworn enforcement officers specificto pedestrian and bicycle safetyintheidentifiedpriorityareas,conducted atthelevel of effortshowninthis contract.The agency willbe reimbursed basedon performance of specific tasks listed within the contract. Invoices must document that each officers initial 40-hour minimum level of effort has been met prior to participating in overtime enforcement details.Nohoursmaybe charged forefforts other thanthose specified inthe contract.Example:Generalspeed enforcement would notqualifyfor reimbursement, however,enforcing speed ina priority area where data reflects that speed is contributing to traffic crashes involving pedestrians and bicyclists wouldqualifyfor reimbursement.Agencies willnotbe reimbursed for enforcement operations thattakeplaceoutside of the identified priority areas. Thefundingthatis provided totheVendorisnottobeusedto supplant the Vendor's ongoing enforcement and educational efforts.Duplicated effortswillnotbe eligible for reimbursement.Hours that are not in excess of an officers normal 40-hour work week are not eligible for reimbursement. NON-DISCRIMINATION AND ETHICAL STANDARDS No person shall,onthe ground of race,color,religion,sex,handicap,or national origin,be subjected to discrimination under any program oractivity supported bythis contract.The agency agreesto comply with the Florida Civil Rights Act (F.S.760) http://www.leg.state.fl.us/statutes/index.cfm7App_mode=Displav Statute&URL=0700-0799/0760/0760.html All officers participating in High Visibility Enforcement activities are required to comply withthe Law Enforcement Officer Ethical Standards of Conduct as established bythe Florida Department of Law Enforcement.https://vvwvv.fdle.state.fl.us/Content/CJST/Menu/Officer-Requirements-Main-Page/LE-Ethical- Standards-of-Conduct.aspx {00111290.DOCX} TRAINING &PERSONNEL RATES All officers assigned to operations completed underthis contract mustfirst review and complete the following required training materials created by FDOT andthe National Highway Traffic Safety Administration (NHTSA),all of which are available online: "Pedestrian Safety RollCallforLaw Enforcement"http://wvvav.alerttodavflorida.com/RollCall/ "Cycling Safety RollCallforLaw Enforcement"http://wvvvv.alei1todavflorida.com/RollCall/ "Pedestrian Safety Training forLaw Enforcement"http://wvvw.iadlest.org/Proiects/NLEARN.aspx "Enhancing Bicycle Safety:Law Enforcement's Role"http://www.iadlest.org/Proiects/NLEARN.aspx Prior to commencing the services outlined underthis contract,Vendor must submit a signed and dated list of personnel authorized to perform overtimeoperationsunderthis agreement,including a certification of completion of the required training,anda fully-loaded hourly overtime raterange(nomorethan+/-$5.00)to be used for each officer.The contract hourly billing rate range shall include the costs of hourly overtime plus associated fringe benefits.Only hours from officers listedand within therate range shown onthe authorized personnel listare eligible for reimbursement underthisagreement.The authorized personnel listmaybe updatedtoadd officers andupdatebillingrates,butnohoursmaybe charged forany individual officer until after the updated personnel listhasbeensignedanddated showing their contract billing rateand verifying training has been completed.(Note -Allratesmust match the payroll documentation submitted with each monthly invoice.)Time for training maynotbe charged tothis contract. CORE ACTIVITY PERFORMANCE MEASURES EachLaw Enforcement Agency willperforma minimum of ninety percent of contracted efforts outlined within their High Visibility Enforcement contractwithinthe contract period tobe eligible foragency of the year award consideration.Each successive fiscalyear,agencies willbe prioritized for funding based on percentage of performance expectations thatweremet.Performance willbe tracked through monthly activity reportsand measured against the established enforcement plan. CONSEQUENCES FOR NON PERFORMANCE IftheVendorisnotmeetingtheagreeduponlevelofeffortasoutlinedinExhibitB,thefullamount of funding for subsequent periods willbereduced. {00111290.DOCX} DELIVERABLES INVOICES Invoices must be submitted at least monthly (every 30days),beginning within 60 days of the contract execution date.Failure to submit invoices as outlined inthis contract may result in termination of the agreement.If payroll is bi-weekly,invoicesmaybe submitted aftereverytwopay periods.Invoices must contain the following: •Invoice:summary of hours charged andtotaldue.Agency must usethe invoice template provided bythe University. •Personnel Timesheets:total hours for each individual officer must be reported.Total hours include hours worked onthis contract,andany other hours the officer works during themonth. The timesheets should clearly indicate thatthe hours charged tothis HVE contract areaboveand beyond the officer's normal 40-hour workweek.Agencies must submit hours using the Personnel Services Timesheet template provided bythe University. •Activity Reporting form:onepageforeach operation/location completed showing officers assigned,date,times,location,safetyissue 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.Agencies must utilize the Activity Reporting Form template provided bythe University. •Payroll documentation:Vendormustsubmit payroll documentation to accompany eachinvoice. Thispayroll documentation shouldclearlyindicateovertimeratesthatmatchthe invoice,when eachofficerperformedovertimeactivities(mustmatchthepersonneltimesheet),thatthehours being claimed areforhoursworkedinexcess of thenormal40hour workweek,andmustinclude either apaystuborpayrollledger documenting payment toeach officer forwhichyouare requestingreimbursement.Anypersonalinformation,suchassocialsecuritynumbers,shouldbe redacted. •Personnel Letter:Prior to commencing the services outlined under this contract,Vendor must submit a signed anddatedlist of personnel authorized toperform overtime operations underthis agreement,including acertification of completion of therequiredtraining,andafully-loaded hourly overtime raterange(nomorethan+/-$5.00)tobeusedforeachofficer.Timefortraining maynotbe charged tothis contract. •Proof of Media Engagement:Proof ofmediaengagementmustbeprovidedwithin30daysof thepressreleaseornewsreportasabackupdocumentationcomponentforinvoicingduringthe periodinwhichitisconducted.SeeSectionIIIforadditionaldetails. All invoices must include thedates of service(to/from)andthe following certification statement:"All costs aretrueand valid costs incurred in accordance withthe agreement,deliverables were received and accepted." The certification statement mustbesignedbyanauthorizedagent of the "Vendor".Invoicesmustbe submittedthroughtheprovidedonlineplatform.Incaseaccesstotheprovidedonlineplatformcannotbe obtained,invoice documentation canbesentelectronicallyto Kristin@cutr.usf.edu. {00111290.DOCX} EXHIBIT "B" EFFORT SUMMARY -PEDESTRIAN AND BICYCLE SAFETY ENFORCEMENT CAMPAIGN City of South Miami (Vendor) SERVICE PROVD3ED:Enhanced Traffic Enforcement Detail/High Visibility Enforcement Details tobe completed Once a week/16 total Hours per detail 2hrs Officers per detail 4 officers List of intersections/corridors l.SW 62nd Ave Corridor from SW 64th St to US-1 2.SW 70th St Corridor from SW 62nd Ave toS Dixie Hwy 3.SW 72nd St Corridor from SW 67th Ave to S Red Rd 4.S Dixie Hwy Corridor from SW 80th SttoS Red Rd Actual Average*8 Total Project budget not to exceed:5,573.12 NOTE:Total budget calculated from 16 weeks total duration atthelevel of effort indicated above.Reasonable effort must bemadeto maintain the weekly level of effortforthefullcontractperiod.If thelevel of effort outlined aboveisnot obtainedduringa given month dueto unexpected circumstances (i.e.weather,staffing issues,illness,etc.),these should be documented ineach invoice.All properly documented overtime enforcement hours completed within the contract term willbe reimbursed,not to exceed the total budget. Agency:_ Address: City: FEID# State:FL Zip: ACKNOWLEDGEMENT:By signing here,IcertifythatIhavereadandagreetoabidebythe pricing andalltermsand conditions of this Agreement and that Iam authorized tosignforthe City of South Miami. Authorized Signature: Printed Name: Title: Date: *Actual Average is calculated as follows: {00111290.DOCX} Total #of details x#officers per detail x#hours per details #of weeks FEDERAL FINANCIAL ASSISTANCE (SINGLE AUDIT ACT) FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: CFDANo.:20.205 CFDA Title:HIGHWAY PLANNING AND CONSTRUCTION Federal-Aid Highway Program,Federal Lands Highway Program Awarding Agency:Florida Department of Transportation Sub-Recipient University of South Florida 1 I Page 1.Responsibility of Sub-recipient.The sub-recipient and its implementing agency shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of grant funds and required expenditures.All monies spent on this project shall be disbursed in accordance with provisions of the Project Detail Budget as approved by the FDOT State Safety Office Program Manager and must meet all state and federal regulations. All expenditures and cost accounting of funds shall conform to2CFR,Part 200,Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards,herein incorporated by reference,(hereinafter referred toas Applicable Federal Law). 2.Compliance with Chapter 287,Florida Statutes.The sub-recipient and implementing agency agree to comply with all applicable provisions of Chapter 287,Florida Statutes.The following provisions are stated in this agreement pursuant to sections 287.133(2)(a)and 287.134(2)(a),Florida Statutes. (a)Section 287.133 (2)(a),F.S.A person or affiliate who has been placed on the convicted vendor list following a conviction fora public entity crime may not submit a bid,proposal, or reply ona contract to provide goods or services toa public entity;may not submit abid, proposal,or reply ona contract with a public entity for the construction or repair ofa public building or public work;may not submit bids,proposals,or replies on leases of real property toa public entity;may not be awarded or perform work asa contractor,supplier, subcontractor,or consultant under a contract with any public entity;and may not transact business with any public entity in excess of the threshold amount provided ins.287.017 for CATEGORY TWOfora period of36 months following the date of being placed on the convicted vendor list. (b)Section 287.134 (2)(a),F.S.An entity oraffiliate who has been placed on the discriminatory vendor list may not submit abid,proposal,or reply ona contract to provide any goods or services toa public entity;maynot submit abid,proposal,or reply ona contract with a public entity forthe construction or repair ofa public building or public work;may not submit bids,proposals,or replies on leases of real property toa public entity;may not be awarded or perform work asa contractor,supplier,subcontractor,or consultant under a contract with any public entity;and may not transact business with any public entity. 3.Allowable Costs.The allowability of costs incurred under any grant or 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.All funds not spent in accordance with the Applicable State and Federal Law will be subject to repayment by the sub-recipient.Only costs directly related to this approved project shall be allowable. 2|Page 4.Amendments.The sub-recipient or implementing agency shall obtain prior written approval from the State Safety Office Program Manager for changes to the agreement. Amendments to the agreement willbe approved which achieve or improve upon the outcome of the project as determined by the funding agency andany state or federal regulations that govern such changes. Requests for amendment shall bein the form ofa written request signed by the Authorized Representative of the sub-recipient or the Administrator of the Implementing Agency. Delegations of signature authority will not be accepted for amendment requests without prior written approval. 5.Reimbursement Obligation.The State of Florida's performance and obligation to reimburse the sub-recipient shall be subject to the availability of Federal highway safety funds and an annual appropriation by the Legislature.As detailed in49CFR,Part 29, Governmentwide Debarment and Suspension (Nonprocurement)and Governmentwide Requirements for Drug-Free Workplace (Grants),herein incorporated by reference,the sub-recipient 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 purchase threshold fixed at 10 U.S.C. 2304(g)and 41U.S.C.253(g)(currently $25,000). 6.Commencement of Projects.Ifa project has not commenced within 30 days after the acceptance of the grant award,the sub-recipient or its implementing agency shall report by letter the steps taken to initiate the project,the reasons for delay,and the expected starting date.If,after 60 days from the acceptance of the award,project activity as described herein has not begun,a further statement of implementation delay willbe submitted by the sub- recipient or its implementing agency to the FDOT State Safety Office Program Manager.The sub-recipient agrees that if the letter is not received in the 60 days,the FDOT State Safety Office Program Manager may cancel the project.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.Inthiscase,formal written approval willbe provided to the sub-recipient from the FDOT State Safety Office Program Manager. 7.Obligation of Grant Funds. Funds may not be obligated prior to the effective date or subsequent to the end date of the grant period.Only project costs incurred on or after the effective date and on or prior to the end date of the grant are eligible for reimbursement.A cost is incurred when the sub- recipient's employee,its implementing agency,or approved contractor or consultant performs the service required or when goods are received by the sub-recipient or its implementing agency,notwithstanding the date of order. 3|Page 8.Performance.In the event of default,noncompliance,or violation of any provision of this agreement by the sub-recipient,the implementing agency,the sub-recipient's consultant(s)or contractor(s)and supplier(s),the sub-recipient agrees that the Department will impose sanctions.Such sanctions include withholding of reimbursements, retainage,cancellation,termination,or suspension of the agreement in whole or in part.In such an event,the Department shall notify the sub-recipient and its implementing agency of such decision 30 days in advance of the effective date of such sanction.The sanctions imposed by the Department will be based upon the severity of the violation,the ability to remedy,and the effect on the project.The sub-recipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. 9.Access to Public Records and Monitoring.The Department,Federal Highway Administration (FHWA),Chief Financial Officer(CFO),and Auditor General (AG)of the State of Florida,or any of their duly authorized representatives,shall have access for the purpose of audit and examination of books,documents,papers,and records of the sub- recipient and its implementing agency,and to relevant books and records of the sub- recipient,its implementing agency,and its consultants and contractors under this agreement,as provided under Applicable Federal Law. In addition to review of audits conducted in accordance with 2 CFR Part 200,herein incorporated by reference,monitoring procedures will include,on-site visits by Department staff,limited scope audits as defined by2CFR Part 200,and status checks of grant activity via telephone calls from FDOT State Safety Office staff to sub-recipients.By entering into this agreement,the sub-recipient and its implementing agency agree to comply and cooperate with monitoring procedures.In the event that a limited scope audit of the sub-recipient or its implementing agency is performed,the sub-recipient agrees to bring the project into compliance with the grant agreement.The sub-recipient further agrees to comply and cooperate with any inspections,reviews,investigations,or audits deemed necessary by the Chief Financial Officer or Auditor General. The sub-recipient and implementing agency agree to comply with all provisions provided in Chapter 119 Florida Statutes.If the sub-recipient receives a public records request concerning its work undertaken pursuant toa Department contract,the sub-recipient must take appropriate action as required by Chapter 119,Florida Statutes. The Department shall unilaterally cancel this grant if the sub-recipient or its implementing agency refuses to allow public access toall documents,papers,letters,or other material subject to the provisions of Chapter 119,F.S.,and made or received by the sub-recipient or its implementing agency in conjunction with the grant. 4|Pa ge Records of costs incurred under the terms of this grant shall be maintained and made available upon request to the Department at all times during the period of this grant and for five years after final payment is made.Copies of these documents and records shall be furnished to the Department upon request.Records of costs incurred include the sub- recipient's general accounting records and the project records,together with supporting documents and records,of the contractor and all subcontractors performing work on the project,and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. 10.Audit.The administration of resources awarded through the Department to the sub- recipient by this Agreement may be subject to audits and/or monitoring by the Department.The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or limit the authority of any State agency inspector general,the State of Florida Auditor General or any other State official.The sub-recipient shall comply with all audit and audit reporting requirements as specified below. (a)In addition to reviews of audits conducted in accordance with 2CFR Part 200,Subpart F -Audit Requirements,monitoring procedures may include but not be limited to on-site visits by Department staff and/or 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 Federal awards provided through the Department bythis Agreement.By entering into this Agreement,the sub-recipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department.The sub-recipient further agrees to comply and cooperate with any inspections,reviews,investigations,or audits deemed necessary by the Department,State of Florida Chief Financial Officer (CFO)or State of Florida Auditor General. (b)The sub-recipient,a non-Federal entity as defined by2 CFR Part 200,Subpart F-Audit Requirements,asa sub-recipient ofa Federal award awarded by the Department through this Agreement is subject to the following requirements: (1)In the event the sub-recipient expends a total amount of Federal awards equal to or in excess of the threshold established by2CFR Part 200,Subpart F-Audit Requirements,the sub-recipient must have a Federal single or program-specific audit for such fiscal year conducted in accordance with the provisions of 2CFR Part 200,Subpart F-Audit Requirements,.This Agreement provides the required Federal award identification information needed by the sub-recipient to further comply with the requirements of2CFR Part 200,Subpart F-Audit Requirements. In determining Federal awards expended ina fiscal year,the sub-recipient must consider all sources of Federal awards based on when the activity related to the Federal award occurs,including the Federal award provided through the Department by this Agreement.The determination of amounts of Federal awards expended should be in accordance with the guidelines established by 2CFR Part 200,Subpart F-Audit Requirements.An audit conducted by the State of Florida 5|Page Auditor General in accordance with the provisions of 2CFR Part 200,Subpart F - Audit Requirements,will meet the requirements of this part. (2)In connection with the audit requirements,the sub-recipient shall fulfill the requirements relative to the auditee responsibilities as provided in2CFR Part 200, Subpart F-Audit Requirements. (3)In the event the sub-recipient expends less than the threshold established by 2 CFR Part 200,Subpart F-Audit Requirements,in Federal awards,the sub-recipient is exempt from Federal audit requirements for that fiscal year.However,the sub- recipient must provide a single audit exemption statement to the Department at FDOTSingleAudit(a>dot.state.f].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 by2CFR Part 200,Subpart F-Audit Requirements,in Federal awards inafiscal year and elects to have an audit conducted in accordance with the provisions of2CFR 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 sub-recipient's resources obtained from other than Federal entities). (4)The sub-recipient must electronically submit to the Federal Audit Clearinghouse (FAC)at https://harvester.census.gov/facweb/the audit reporting package as required by2 CFR Part 200,Subpart F -Audit Requirements,within the earlier of30 calendar days after receipt ofthe auditor's report(s)ornine months after the end of the audit period.The FAC is the repository of record for audits required by2CFR Part 200,Subpart F-Audit Requirements,and this Agreement.However,the Department requires acopyofthe audit reporting package alsobe submitted to FDOTSingleAudit@dotstate.fl.us within the earlier of30 calendar days after receipt of the auditor's report(s)ornine months after the end of the audit period as required by 2CFR Part 200,Subpart F-Audit Requirements, (5)Within six months of acceptance ofthe audit report by the FAC,the Department will review the sub-recipient's audit reporting package,including corrective action plans and management letters,tothe extent necessary to determine whether timely and appropriate action onalldeficiencieshas been taken pertaining to the Federal award provided through the Department by this Agreement.If the sub-recipient fails to have an audit conducted in accordance with 2CFR Part 200,Subpart F- Audit Requirements,the Department may impose additional conditions to remedy noncompliance.If the Department determines that noncompliance cannot be remedied by imposing additional conditions,the Department 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 Agency or more severe enforcement action by the Department; 6|Page b.Disallow (deny both use of funds and any applicable matching credit for)all or part of the cost of the activity or action not in compliance; c.Wholly or partly suspend or terminate the Federal award; 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 Department,recommend such a proceeding be initiated by the Federal awarding agency); e.Withhold further Federal awards for the Project or program; f.Take other remedies that may be legallyavailable. (6)Asa condition of receiving this Federal award,the sub-recipient shall permit the Department,or its designee,the CFO or State of Florida Auditor General access to the sub-recipient's records including financial statements,the independent auditor's working papers and project records as necessary.Records related to unresolved audit findings,appeals or litigation shallbe retained until the action is complete or the dispute is resolved. (7)The Department's contact information for requirements under this part isas follows: Office of Comptroller,MS 24 605 Suwannee Street Tallahassee,Florida 32399-0450 FDOTSingleAudit(cDdot.state.fl.us (8)The sub-recipient shall retain sufficient records demonstrating its compliance with the terms ofthis Agreement fora period offive years from the date the audit report is issued andshallallowtheDepartment,oritsdesignee,the CFO orStateof Florida Auditor General access to such records upon request.The sub-recipient shall ensure that the audit working papers are made available to the Department,or its designee,the CFO,or State of Florida Auditor General upon request fora period of five years from the date the audit report is issued unless extended in writing by the Department. 11.Cooperation with Inspector General.The sub-recipient agrees tocomply with Section 20.055(5),Florida Statutes,and to incorporate inall subcontracts the obligation to comply with Section 20.055(5),Florida Statutes. 7|Pa ge 12.Retention of Records.The sub-recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement fora period offive years from the date the audit report is issued,and shall allow the Department,or its designee,the state CFO,or Auditor General access to such records upon request.The sub-recipient shall ensure that the independent audit working papers are made available to the Department,or its designee,the state CFO,or Auditor General upon request for a period of at least five years from the date the audit report is issued,unless extended in writing by the Department. 13.Procedures for Reimbursement.All requests for reimbursement must contain full details of each expenditure sufficient to support a proper pre-audit and post audit based on the quantifiable,measurable,and verifiable units of deliverables and costs.All requests for reimbursement must include a copy of each executed contract or purchase order,a copy of the vendor invoice with the required certification statement,exact dates of service,and proof of payment by the sub-recipient in order tobe considered for reimbursement.All deliverables and required reports for the period of performance must also be received and accepted by the FDOT State Safety Office prior to reimbursements being processed for payment.Failure to submit reports,deliverables,and/or reimbursement requests ina timely manner may result in the termination of the grant.All requests for reimbursement shall be signed by an Authorized Representative of the Sub-recipient or the Administrator of the Implementing Agency,or their delegate. Payment shall be made only after receipt and approval of goods and services.If the Department determines that the performance of the sub-recipient is unsatisfactory,the Department shall notify the sub-recipient ofthe deficiency tobe corrected,which correction shall be made within a time-frame tobe specified by the Department.The sub- recipient shall,within five days after notice from the Department,provide the Department with a corrective action plan describing how the sub-recipient 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 Department,the sub-recipient shallbe assessed anon performance retainage equivalent to10%ofthe total invoice amount.The retainage shall be applied to the invoicefor the then-current billing period.The retainage shallbe withheld until the sub-recipient resolves thedeficiency.Ifthe deficiency is subsequently resolved,the sub-recipient may billthe Department for the retained amount during the next billing period.If the sub-recipient is unable to resolve the deficiency,the funds retained will be forfeited at the end of the Agreement's term. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting asan advocate for sub-recipients who may be experiencing problems in obtaining timely payment(s)from a state agency.The Vendor Ombudsman may be contacted at (850)413-5516. 8|Page 14.Accountability.The sub-recipient or its implementing agency shall establish and administer a system to control,protect,preserve,use,and maintain and track any property or materials purchased pursuant to this agreement. 15.Disputes and Appeals.Any dispute,disagreement,or question of fact arising under the agreement may be addressed to the Program Manager in the FDOT State Safety Officein writing.The Program Managers decision may be appealed in writing within 30 calendar days from the notification to the Governor's Highway Safety Representative,whose decision is final.Address'are: Florida Department of Transportation Attn:Trenda McPherson,State Bicycle Pedestrian Safety Program Manager State Safety Office,MS53 605 Suwannee Street Tallahassee,Florida 32399-0450 Florida Department of Transportation Attn:Governor's Highway Safety Representative State Safety Office,MS53 605 Suwannee Street Tallahassee,Florida 32399-0450 The sub-recipient and its implementing agency shall proceed diligently with the performance of the agreement and in accordance with Department's decision(s). 16.Conferences and Inspection of Work.Conferences may be held at the request of any party to this agreement.Representatives of the Department or the U.S.Department of Transportation (USDOT),or both,shall be privileged to visit the site for the purpose of inspection and assessment of work being performed at any time. 17.Responsibility for Claims and Liability.Subject to the limitations of Section 768.28, Florida Statutes,the sub-recipient and its implementing agency shall be required to defend, hold harmless and indemnify the Department,NHTSA,FHWA,and USDOT,from all claims and liability,or both,due to negligence,recklessness,or intentional wrongful misconduct of sub-recipient,implementing agency,and its contractor,consultant,agents and employees. The sub-recipient and its implementing agency shall be liable for any loss of,or damage to, any material purchased or developed under this grant agreement which is caused by the sub-recipient's or its implementing agency's failure to exercise such care in regard to said material asa reasonable careful owner of similar materials would exercise.The parties executing this agreement specifically agree that no provision in this agreement is intended to create in the public or any member thereof,a third party beneficiary,or to authorize anyone not a party to this agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this agreement. 9|P age 18.How Agreement is Affected by Provisions Being Held Invalid.If any provision of this agreement is held invalid,the remainder of this agreement shall not be affected.In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 19.Disadvantaged Business Enterprises (DBE). (a)The sub-recipient and its implementing agency agree to the following assurance: The sub-recipient and its implementing agency 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 ofitsDBE program required by 49CFR,Part 26,herein incorporated by reference.The sub-recipient shall take all necessary and reasonable steps under 49 CFR,Part 2 to ensure nondiscrimination in the award and administration of USDOT assisted contracts.Implementation of this program isa legal obligation and failure to carry out its terms shall be treated asa violation of this agreement.Upon notification to the sub-recipient ofits failure to carry out its approved program,the USDOT may impose sanctions as provided for under Part 26 and may,in appropriate cases,refer the matter for enforcement under 18 U.S.C.1001 and/or the Program Fraud Civil Remedies Actof 1986 (31 U.S.C.3801 et seq.),herein incorporated by reference. (b)The sub-recipient and its implementing agency agree to include the following assurance in each contract with a consultant or contractor and to require the consultant or contractor to include this assurance inall subcontract agreements: The consultant or contractor and consultant or subcontractor shall not discriminate on the basis of race,color,national origin,or sex in the performance of this contract. The consultant or contractor shall carry out applicable requirements of49 CFR,Part 26in the award and administration of USDOT-assisted contracts.Failure by the consultant or contractor to carry out these requirements isa material breach of this contract,which may result in the termination of this contract or such other remedy, as the sub-recipient,its implementing agency,or the Department deems appropriate. 20.Clean Air Act and Federal Water Pollution Control Act For grant awards in excess of $100,000 the sub-recipient and its implementing agency agree to comply with all applicable standards,orders,or regulations issued pursuant to the CleanAirAct(42 U.S.C. 7401 et seq.)and the Federal Water Pollution Control Act(33 U.S.C.1251 et seq.),herein incorporated by reference.The sub-recipient shall include this provision inall subcontract awards in excess of $100,000. 21.Safety Belt Policy.Each sub-recipient and implementing agency shall have a written safety belt policy,which is enforced forall employees.A copy of the policy shall be submitted with the grant application form. 10|Page 22.Equal Employment Opportunity.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 grant,or any project, program,or activity that receives or benefits from this grant award.The sub-recipient and its implementing agency agree to comply with Executive Order (E.O.)11246,as amended by E.O.11375,and as supplemented by 41 CFR,Part 60,herein incorporated by reference. 23.E-Verify.Sub-recipients: (a)shall utilize the U.S.Department of Homeland Security's E-Verify system to verify the employment eligibility ofall new employees hired by the Vendor/Contractor during the term of the contract;and (b)shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S.Department of Homeland Security's E-Verify system to verify the employment eligibility ofall new employees hired by the subcontractor during the contract term. 24.State and Federal Compliance.The sub-recipient and implementing agency unilaterally agrees to comply with all State and Federal Regulations referenced within and pursuant to this agreement. 11|Page