Res No 015-17-14816RESOLUTION NO. 015-17-14816
A Resolution authorizing the City Manager to execute a contract with the
University of South Florida for the Pedestrian and Bicycle Safety
Enforcement Campaign, in an amount not to exceed $5,573.12
WHEREAS, the City of South Miami has a grant award to utilize law enforcement support
to educate and enforce safe pedestrian, bicyclist, and driver behaviors in the City; and
WHEREAS, the Mayor and City Commission desire to educate and enforce safe pedestrian,
bicyclist, and driver behaviors in the City, as outlined in Exhibit A of the attached Letter of
Agreement and Contract; and
WHEREAS, the Mayor and the City Commission wish to accept the Contract Agreement
with the Florida Department of Transportation through the University of South Florida for the
Pedestrian and Bicycle Safety Enforcement Campaign.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1: The City Manager is hereby authorized to execute4he-G~Manager-tg~eGUte-a
contract with the University of South Florida for the Pedestrian and Bicycle Safety Enforcement
Campaign, in an amount not to exceed $5,573.12. The Letter of Agreement and Contract is attached
to this resolution.
Section 2. Severability. If any section clause, sentence, or phrase of this resolution is for
any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall
not affect the validity of the remaining portions of this resolution.
Section 3. Effective Date. This resolution shall become effective immediately upon
adoption by vote of the City Commission.
PASSED AND ADOPTED this 7th, day of FebruarY017.
APPROVED:
Jj(grlkklfl
COMMISSION VOTE: 5-0
Mayor Stoddard: Yea
Vice Mayor Welsh: Yea
Commissioner Edmond: Yea
Commissioner Harris: Yea
Commissioner Liebman: Yea
THE CITY OF PLEASANT LIVING
To:
FROM:
DATE:
SUBJECT:
BACKGROUND:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
The Honorable Mayor & Members of the City Commission
Steven Alexander, City Manager
February 7,2017 Agenda" Item No.: ~
A Resolution authorizing the City Manager to execute a contract
with the University of South Florida for the Pedestrian and Bicycle
Safety Enforcement Campaign, in an amount not to exceed
$5,573.12.
The Florida Department of Transportation, through a grant with the
University of South Florida, will utilize law enforcement support to
educate and enforce safe pedestrian, bicyclist, and driver behaviors
in priority countries in Florida. The main objective of this effort is to
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 is to develop and
implement effective community level high visibility enforcement
operations in areas with the highest representation of traffic
crashes involving pedestrian and bicyclist resulting in fatalities and
serious injuries.
The project goal is to 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
likely to result in fatal or serious injuries than any other types of
tr~ffic crashes.
THE CITY OF PLEASANT LIVING
GRANTOR:
GRANT AMOUNT:
GRANT PERIOD:
ATTACHMENTS:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
This campaign is a component of Florida's Bicycle/Pedestrian
Focused Initiative. This campaign supports the goals established in
Florida's Pedestrian and Bicycle Strategic Safety Plan. High
Visibility Enforcement activities are being implemented to educate
pedestrians, bicyclist, and motorist.
Florida Department of Transportation through University of South
Florida
$5,573.12
Upon execution date through May 15, 2017
Letter of Agreement and Contract
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"). The contract period will begin upon execution and will end on May
15, 2017. The Vendor shall perform the services as outlined in the scope of services (Exhibits A & B).
Total contract amoUlnt will not exceed $5,573.12
The parties to this contract shall be bound by all applicable state and federal requirements as outlined in Florida
Department of Transportation (FDOT) Project # 433144-1, Contract #GOE08 (attached). All services must be
completed by May 15, 2017. The [mal invoice must be received by May 31, 2017 or payment will be forfeited.
It is expressly understood that the Vendor is an independent contractor, and not an agent ofFDOT or the
University. The Vendor shall defend, hold harmless and indemnify the University, FDOT, the National
Highway Traffic Safety Administration ("NHTSA"), Federal Highway Administration ("FHW A"), and the U.S.
Department of Transportation ("USDOT"), from all claims for damages and liability due to the negligent or
wrongful act or omission of any employee of the agency or subdivision while acting within the scope of the
employee's office or employment. As agencies or subdivisions of the State of Florida, FDOT, the University,
and the Vendor's liability shall not exceed the limits of their waiver of sovereign immunity provided under
Section 768.28, Florida Statutes. No party shall be responsible for attorney fees of another party except as
provided by statute. .
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.
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.
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CANCELLATION: This contract may be unilaterally cancelled by FDOT or the University for refusal by the
Vendor to allow public access to all documents, papers, letters, or other material made or received by the
Vendor in conjunction with this contract, unless the records are exempt from section 24(1) of Article 1 of the
state constitution and section 119.07(1), Florida Statutes.
iversity of South Flori~
~C ____ :_
_,\f'I'ROVED AS T(lI'OI(}';
AND LEGAL SllFFIClENCY
cY~
Jocl LondrigDll
{00111290.DOCX}
Date
Date
Date
FDOT Approval Date: -----""3+/;.~J'---J.-...j7r-----rl
EXHIBIT "A"
SCOPE OF SERVICES
PEDESTRIAN AND BICYCLE SAFETY ENFORCEMENT CAMPAIGN
City of South Miami (Vendor)
I. OBJECTIVE:
The Florida Department of Transportation ("FDOT"), through a grant with the University of South Florida
("University"), will utilize law enforcement support to educate and enforce safe pedestrian, bicyclist, and
driver behaviors in priority counties in Florida. The main objective of this effort is to reduce traffic crashes
resulting in pedestrian and bicyclist fatalities and serious injuries through the use of selected traffic education
and enforcement operations.
II. PURPOSE:
In 2014, 2,494 people lost their lives in traffic crashes on Florida's roadways. More than 24% of them were
pedestrians (606) and more than 5% were bicyclists (135).
The Purpose of this funding opportunity is to develop and implement effective community level high
visibility enforcement operations in areas with the highest representation of traffic crashes involving
pedestrians and bicyclists resulting in fatalities and serious injuries.
The project Goal is to increase awareness of and compliance with traffic laws pertaining to pedestrian and
bicyclist safety in an effort to reduce pedestrian and bicycle crashes, fatalities, and serious injuries on our
roadways.
Pedestrians and bicyclists are more vulnerable that all other road U$ers. Traffic crashes involving pedestrians
and bicyclists are more likely to result in fatal or serious injuries than any other types of traffic crashes.
This campaign is a component of Florida's Bicycle/Pedestrian Focused Initiative and is implemented by the
University of South Florida under the direction of the Florida Department of Transportation. This campaign
supports the goals established in Florida's Pedestrian and Bicycle Strategic Safety Plan. High Visibility
Enforcement activities are being implemented to educate pedestrians, bicyclists, and motorists on traffic laws
pertaining to pedestrian and bicycle safety and to increase compliance with those laws.
ID. SERVICES TO BE PROVIDED BY THE VENDOR:
A. High Visibility Enforcement of all road users, including pedestrians, bicyclists, and motorists, in an
effort to change behaviors and improve the safety of pedestrians and bicyclists. Conduct on-street
education and enforcement operations including the distribution of educational materials, and the issuance
of warnings and/or citations to pedestrians, bicyclists, and motorists in accordance with Florida Statues.
The Vendor must follow an education-warning-citation progression, with an emphasis on education
throughout the contract period. Education MUST be done for at least a third of the contract period.
B. Enfo'rcement initiatives must begin within 30 days ofthe contract execution date. Exceptions for
delayed start may be approved if a State of Emergency is declared by the Governor that directly impacts
the Vendors ability to perform. All exceptions require the approval of the University and FDOT.
C. The Vendor shall distribute the provided safety educational materials during ALL High Visibility
Enforcement operations. Vendors that elect to participate in bicycle light distribution will be required to
complete a separate Bicycle Light Distribution Assurance form. Lights may be available, but due to
limited quantities, this is not guaranteed.
{OOll1290.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 must be provided within 30 days of the press
release or news report as a backup documentation component for invoicing during the period in which it
is conducted.
IV. UNIVERSITY RESPONSIBILITIES:
The University will provide to Vendor copies ofthe required training materials, a copy of Florida's Pedestrian
and Bicycle Strategic Safety Plan, educational materials for distribution, and approved safety messages. The
University reserves the right to review and audit the Vendor's compliance with the terms of this Letter of
Agreement and Contract at any time. In the event University determines that Vendor is not averaging the
required number of operations, hours, and officers in each operation over the period time between the date
delivery of services commence and the audIt date, as agreed to herein, the University may reduce the funding
for the remaining term ofthe Agreement by the percentage difference between the required number of
operations and officers and the Actual Average. (Information regarding the "Actual Average" can be found on
the last page of this contract.)
V. VENDOR RESPONSIBILITIES:
ON-STREET OPERAT][ONS
Funding is restricted to on-street overtime operations conducted by sworn enforcement officers specific to
pedestrian and bicycle safety in the identified priority areas, conducted at the level of effort shown in this
contract. The agency will be reimbursed based on performance of specific tasks listed within the contract.
Invoices must document that each officers initial40-hour minimum level of effort has been met prior to
participating in overtime enforcement details. No hours may be charged for efforts other than those
specified in the contract. Example: General speed enforcement would not qualify for reimbursement,
however, enforcing speed in a priority area where data reflects that speed is contributing to traffic
crashes involving pedestrians and bicyclists would qualify for reimbursement. Agencies will not be
reimbursed for enforcement operations that take place outside of the identified priority areas.
The funding that is provided to the Vendor is not to be used to supplant the Vendor's ongoing enforcement
and educational efforts. Duplicated efforts will not be eligible for reimbursement. Hours that are not in
excess of an officers normal40-hour work week are not eligible for reimbursement.
NON-DISCRIMINATION AND ETHICAL STANDARDS
No person shall, on the ground ofrace, 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 CP.S. 760)
http://www.leg.state.il.us/statutes/index.cfm? APR mode=DispJay Statute&URL=0700-0799/0760/0760.html
All officers participating in High Visibility Enforcement activities are required to comply with the Law
Enforcement Officer Ethical Standards of Conduct as established by the Florida Department of Law
Enforcement. https://www.fclle.state.f1.us/ContentlCJST/Menu/Officer-Reguirements-Main-Page/LE-Ethical-
Standards-of-Conduct.aspx
{OOll1290.DOCX}
TRAINING & PERSONNEL RATES
All officers assigned to operations completed under this contract must first review and complete the following
required training materials created by FDOT and the National Highway Traffic Safety Administration
(NHTSA), all of which are available online:
"Pedestrian Safety Roll Call for Law Enforcement" http://ww\v.aJerttodavtlorida.com/RollCall/
"Cycling Safety Roll Call for Law Enforcement" http://\.\'ww.alelttodayflorida.com/RolICalll
"Pedestrian Safety Training for Law Enforcement" http://www.iadlest.orglProjects/NLEARN.aspx
"Enhancing Bicycle Safety: Law Enforcement's Role" hnp://www.iadJest.org/ProjectsINLEARN.aspx
Prior to commencing the services outlined under this contract, Vendor must submit a signed and dated list of
personnel authorized to perform overtime operations under this agreement, inCluding a certification of
completion of the required training, and a fully-loaded hourly overtime rate range (no more than +1-$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 listed and within the rate range shown on the authorized
personnel list are eligible for reimbursement under this agreement. The authorized personnel list may be
updated to add officers and update billing rates, but no hours may be charged for any individual officer until
after the updated personnel list has been signed and dated showing their contract billing rate and verifying
training has been completed. (Note -All rates must match the payroll documentation submitted with each
monthly invoice.) Time for training may not be charged to this contract.
CORlE ACTMTY PERFORMANCE MEASURES
Each Law Enforcement Agency will perform a minimum of ninety percent of contracted efforts outlined
within their High Visibility Enforcement contract within the contract period to be eligible for agency of the
year award consideration. Each successive fiscal year, agencies will be prioritized for funding based on
percentage of performance expectations that were met. Performance will be tracked through monthly activity
reports and measured against the established enforcement plan.
CONSEQUENCES FOR NON PERFORMANCE
lfthe Vendor is not meeting the agreed upon level of effort as outlined in Exhibit B,the full amount of
funding for subsequent periods will be reduced.
{OOlI1290.DOCX}
DELIVERABLES
INVOICES
Invoices must be submitted at least monthly (every 30 days), beginning within 60 days of the contract
execution date. Failure to submit invoices as outlined in this contract may result in termination of the
agreement. If payroll is bi-weekly, invoices may be submitted after every two pay periods. Invoices must
contain the following:
" Invoice: summary of hours charged and total due. Agency must use the invoice template
provided by the University.
" Personnel Timesheets: total hours for each individual officer must be reported. Total hours
include hours worked on this contract, and any other hours the officer works during the month.
The timesheets should clearly indicate that the hours charged to this HVE contract are above and
beyond the officer's normal40-hour workweek. Agencies must submit hours using the Personnel
Services Timesheet template provided by the University. .
" Activity Reporting form: one page for each operation/1ocation completed showing officers
assigned, date, times, location, safety issue addressed and corresponding enforcement approaches
used, contacts overview, number of materials distributed, and the numbers of warnings and
citations issued to motorist, pedestrians, and bicyclists under each Statute. Agencies must utilize
the Activity Reporting Form template provided by the University.
" Payroll documentation: Vendor must submit payroll documentation to accompany each invoice.
This payroll documentation should clearly indicate overtime rates that match the invoice, when
each officer performed overtime activities (must match the personnel timesheet), that the hours
being claimed are for hours worked in excess of the normal 40 hour workweek, and must include
either a pay stub or payroll ledger documenting payment to each officer for which you are
requesting reimbursement. Any personal information, such as social security numbers, should be
redacted.
(> Personnel Letter: Prior to commencing the services outlined under this contract, Vendor must
submit a signed and dated list of personnel authorized to perform overtime operations under this
agreement, including a certification of completion of the required training, and a fully-loaded
hourly overtime rate range (no more than +/-$5.00) to be used for each officer. Time for training
may not be charged to this contract.
G Proof of Media Engagement: Proof of media engagement must be provided' within 30 days of
the press release or news report as a backup documentation component for invoicing during the
period in which it is conducted. See Section III for additional details.
All invoices must include the dates of service (to/from) and the following certification statement: "All costs
are true and valid costs incurred in accordance with the agreement, deliverables were received and accepted."
The certification statement must be signed by an authorized agent of the "Vendor". Invoices must be
submitted through the provided online platform. Ip case access to the provided online platform cannot be
obtained, invoice documentation can be sent electronically to Kristin@cutLusfedu.
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EXHIBIT "BOI
EFFORT SUMMARY -PEDESTRIAN AND BICYCLE SAFETY ENFORCEMENT CAMPAIGN
City of Soutb Miami (Vendor)
SERVICE PROVIDED: Enhanced Traffic Enforcement Detailffiigh Visibility Enforcement
---_ .. ---
Details to be completed Once a weeki ]6 total
I Hours per detail 2 hrs
! Officers per detail 4 officers
1. SW 62nd Ave Corridor from SW 64th St to US-1
List of intersections/corridors 2.SW 70th St Corridor from SW62nd Ave to S Dixie H ..... ,)'
3. SW 72nd St Corridor from SW 61th Ave to S Red Rd
4.S Dixie Hwy Corridor from SW 80th SI to S Red Rd
Actual A verage* 8
Total Project budget not to exceed: 5,573.12
NOTE: Total budget calculated from] 6 weeks total dwation at the level of effort indicated above. Reasonable effort must
be made to maintain the weekly level of effort for the full contract period. If the level of effort outlined above is not
obtained during a given month due to unexpected circumstances (i,e, weather, staffing issues, illness, etc.), these should
be documented in each invoice. All properly documented overtime enforcement hours completed within the contract term
will be reimbursed, not to exceed fhe total budget.
FElD# 59-6000431 Agency: City of South Miami
6130 Sunset Drive Address: _____________________________________ _
City: _ South Miami . 33143 , ___ State: FL ZiP: ____________ _
ACKNOWLEDGEMENT: By signing here, I certify that J have read and agree to abide by the pricing and all terms and
conditions of this Agreement and that I am authorized to sign for the City of South Miami.
Authorized Signature: glcL~ ' ... tCC\'\.~L l:
P ..... d N' . Steven J. Alexander ·nn, .. , rune:
Title: City Manager
* Actual Average is calculated as follows:
{OOl11290.DOCX}
Total # of details x # officers per dctail x # hours per details
# ofwecks
FEDERAL FINANCIAL ASSISTANCE (SINGLE AUDIT ACT)
FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
CFDA No.: 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
llPage
State and.Federal Requirements
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 DetaillBudget 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 to 2 CFR, Part 200, Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for iFedera!
Awards, herein incorporated by reference, (hereinafter referred to as 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 287.13 3 (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 followirig a conviction for a public entity crime may not submit a bid, proposal,
or reply on a contract to provide goods or services to a public entity; may not submit a bid,
proposal, or reply on a contract with a public entity for the construction or repair of a
public building or public work; may not submit bids, proposals, or replies on leases of real
property to a public entity; may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity; and may not transact
business with any public entity in excess of the threshold amount provided in s. 287.017
for CATEGORY TWO for a period of 36 months follOWing the date of being placed on the
convicted vendor list.
(b) Sectiollll287.134 (2)(a), f.S. An entity or affiliate who has been placed on the
discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide
any goods or services to a public entity; may not submit a bid, proposal, or reply on a
contract with a public entity for the construction or repair of a public building or public
work; may not submit bids, proposals, or replies on leases of real property to a public
entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity; and may not transact business with any
public entity.
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.
21Page
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 will be approved which achieve or improve upon the
outcome ofthe project as determined by the funding agency and any state or federal
regulations that govern such changes.
Requests for amendment shall be in the form of a 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 in 49 CFR, Part 29,
Governmentwide Debarment amI!. 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 ofthe small purchase threshold fixed at 10 U.s.c.
2304(g) and 41U.S.C. 253(g) (currently $25,000).
6. Commencement of Projects. If a 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 will be 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. In this case, formal written approval will be 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 ofthe 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.
31Page
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 thatthe
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 staft limited scope audits as defined by 2 CFR 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
ofthe 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 to a 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 to all 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.
41Page
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 2 CFR 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 by this 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 by 2 CFR Part 200, Subpart F -Audit
Requirements, as a sub-recipient of a 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 by 2 CFR 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 2 CFR 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 of 2 CFR Part 200, Subp,art F -Audit Requirements.
In determining Federal awards expended in a 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 2 CFR Part
200, Subpart F -Audit Requirements, An audit conducted by the State of Florida
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Auditor General in accordance with the provisions of 2 CFR Part 200; Subpart F -
Audit Requirements, will meet the requirements of this part. .
(2) In connection with the audit requirements, the sub-recipient shall fulfill the
requirements relative to the auditee responsibilities as provided in 2 CFR Part 200,
SUbpartF -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@dot.state.f1.us no later than nine months after the end of the sub-
recipient's audit period for each applicable audit year. In the event the sub-recipient
expends less than the threshold established by 2 CFR Part 200, Subpart F -Audit
Requirements, in Federal awards in a fiscal year and elects to have an audit
conducted in accordance with the provisions of 2 CFR Part 200, Subpart F -Audit
Requirements, the cost of the audit must be paid from non-Federal resources (i.e.,
the cost of such an audit must be paid from the 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 by 2 CFR Part 200, Subpart F -Audit Requirements, within the earlier of 30
calendar days after receipt ofthe auditor's report(s) or nine months after the end of
the audit period. The F AC is the repository of record for audits required by 2 CFR
Part 200, Subpart F -Audit Requirements, and this Agreement. However, the
Department requires a copy ofthe audit reporting package also be submitted to
FDOTSingleAudit@dot.state.fl.us within the earlier of 30 calendar days after receipt
of the auditor's report(s) or nine months after the end of the audit period as
required by 2 CFR Part 200, Subpart F -Audit Requirements,
(5) Within six months of acceptance of the audit report by the FAC, the Department
will review the sub-recipient's audit reporting package, including corrective action
plans and management letters, to the extent necessary to determine whether timely
and appropriate action on all deficiencies has been taken pertaining to the Federal
award provided through the Department by this Agreement. If the sub-recipient
fails to have an audit conducted in accordance with 2 CFR 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:
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a. Temporarily withhold cash payments pending correction of the deficiency by
the Agency or more severe enforcement action by the Department;
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 compllance;
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 legally available .
. (6) As a 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 shall be retained until the action is
complete or the dispute is resolved.
(7) The Department's contact information for requirements under this part is as
follows:
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0450
FDOTSingleAudit@dot.state.fl.us
(8) The sub-recipient shall retain sufficient records demonstrating its compliance
with the terms of this Agreement for a period of five years from the date the audit
report is issued and shall allow the Department, or its deSignee, the CFO or State of
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 for a 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 to comply with
Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to
comply with Section 20.055(5), Florida Statutes.
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12. Retention of Records. The sub-recipient shallretain sufficient records demonstrating
its compliance with the terms of this agreement for a period of five 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 to be 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 in a
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 ofthe sub-recipient is unsatisfactory, the
Department shall notify the sub-recipient of the deficiency to be corrected, which
correction shall be made within a time-frame to be 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 shall be assessed a non-
performance retain age equivalent to 10% ofthe total invoice amount. The retainage shall
be applied to the invoice for the then-current billing period. The retainage shall be
withheld until the sub-recipient resolves the deficiency. If the deficiency is subsequently
resolved, the sub-recipient may bill the 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 ofthis individual include acting as an advocate for sub-recipients who may be
experiencing problems in obtaining timely payrnent(s) from a state agency. The Vendor
Ombudsman may be contacted at (850) 413-5516.
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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 Office in
writing. The Program Managers decision may be appealed in writing within 30 calendar
days from the notification to the Governor's Highway Safety Representative, whose
decision is final. Address' are:
Florida Department of Transportation
Attn: Trenda McPherson, State Bicycle Pedestrian Safety Program Manager
State Safety Office, MS 53
605 Suwannee Street
Tallahassee, Florida 32399-0450
Florida Department of Transportation
Attn: Governor's Highway Safety Representative
State Safety Office, MS 53
605 Suwannee Street
Tallahassee, Florida 32399-0450
The 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 lLiabiHty. 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 as a 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.
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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 Bus"iness IEnterprises (DBIE).
(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 of its DBE program required by 49 CFR, 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 contra'cts, Implementation ofthis program is a legal obligation and failure
to carry out its terms shall be treated as a violation of this agreement. Upon notification to
the sub-recipient of its failure to carry out its approved program, the USDOT may impose
sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for
enforcement under 18 U.s.c. 1001 and/or the Program Fraud Civil Remedies Act of 1986
(31 U.s.c. 3801 et seq.), herein incorporated by reference.
(b) The 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 in all 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 of 49 CFR, Part
26 in the award and administration of USDOT -assisted contracts. Failure by the
consultant or contractor to carry out these requirements is a material breach of this
contract, which may result in the termination of this contract or such other remedy,
as the 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 Clean Air Act (42 U.s.c.
7401 et seq.) and the Federal Water Pollution Control Act (33 U.s.c. 1251 et seq.), herein
incorporated by reference. The sub-recipient shall include this provision in all 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 for all employees. A copy of the policy shall be
submitted with the grant application form.
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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 of all new employees hired by the Vendor/Contractor during the
term of the contract; and (b) shall expressly require any subcontractors performing work
or providing services pursuant to the state contract to likewise utilize the U.S. Department
of Homeland Security's E-Verify system to verify the employment eligibility of all new
employees hired by the subcontractor during the contract term.
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.
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