Res No 209-17-15010RESOLUTION NO. 209-17-15010
A Resolution authorizing the City Manager to execute a contract with the
University of South Florida for the Pedestrian and Bicycle Safety
Enforcement Campaign 2017-2018, in an amount not to exceed $3,200.
WHEREAS, the City of South Miami has a grant award to utilize law enforcement officers
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 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 execute a contract with the University
of South Florida for the Pedestrian and Bicycle Safety Enforcement Campaign 2017-2018, in an
amount not to exceed $3,200. The 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 Novembe~017.
APPROVED:
fJlifJ;JLJ
MAY
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Welsh:
Commissioner Edmond:
Commissioner Harris:
Commissioner Liebman:
5-0
Yea
Yea
Yea
Yea
Yea
Letter of Agreement and Contract
ID. 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 Vendor shall perform the services as outlined in the scope of services (Exhibits A & B). The contract
period will begin upon execution and will end on May 17, 2018.
Total contract amount will not exceed 53,200
The parties to this contract shall be bound by all applicable state and federal requirements as outlined in Florida
Department of Transportation (FOOT) Project # 433144-1, Contract #00023 (attached). All services must be completed
by May 17,2018. The final invoice must be received by June 1,2018 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 agrees to be fully responsible for all claims for damages and liability arising out of the negligent or wrongful acts
or omissions of its employees while acting within the scope of the employee's office or employment and while providing
services under this contract. As "state agencies or subdivisions" of the State of Florida within the meaning of Section
768.28(2), Florida Statutes, FOOT, the University, and the Vendor's (,'State Agencies" or individually "State Agency")
respective total liability shall not exceed the limits of their waiver of sovereign immunity provided under Section 768.28,
Florida Statutes. Nothing herein shall be construed as consent by the State Agencies to be sued by third parties in any
matter arising out of this conttact or as a waiver by the State Agencies of any immunities, rights or limits to liability
provided by Florida law. Each State Agency shall be responsible for its own attorney fees in the event of a dispute.
In accordance with the contract, the Vendor is authorized to perform the tasks detailed in the scope of services (Exhibits A
& B) and is fully responsible for satisfactory completion of all services. Services performed prior to receiving an executed
contract from the University will not be eligIole 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 PUBUC RECORDS AT USFPURCBASING@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.
CANCELLATION: This contract may be unilaterally cancelled by FOOT or the University for refusal by the Vendor to
allow public access to all documents, papers, letters, or other material made or received by the Vendor in conjunction with
this contract, unless Florida law provides that the records are confidential and/or exempt :from the disclosure requirements
of section 24(1) of Article 1 of the state constitution and section 119.07(1), Florida Statutes.
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City of South Miami
EXHIBIT" A"
SCOPE OF SERVICES
PEDESTRIAN AND BICYCLE SAFETY ENFORCEMENT CAMPAIGN
L OBJECTIVE:
The Florida Deparbnent of Transportation (''FDOT''), through a grant with the University of South Florida's
Center for Urban Transportation Research ("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.
IL PURPOSE:
In 2015, 2,939 people lost their lives in traffic crashes on Florida's roadways. More than 21% of them were
pedestrians (632) and more than 5% were bicyclists (154).
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 users. 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.
IlL 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 emphasize education and document educational efforts throughout the entire contract
period.
B. Operations must begin within 30 days of the contract execution date. Exceptions for delayed start
may be approved if a State of Emergency is declared by the Governor that directly impacts the Vendors
ability to perform. All exceptions require the approval of 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.
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City of South Miami
D. The Vendor is required to engage the media during the contraet period. The Vendor shall
distribute a minimum of two (2) press releases during the contraet period. The initial required
media engagement will announce that operations will begin and must be conducted a minimum of
seven (7) days in advance of the operation start date. The second release must inelude mOT
approved messaging (provided by the University) to coincide with either the Alert Tonight Florida
campaign (1115/17 -3/11118) or Florida Bicycle Month (3/1118 -3/31118). 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.
w. UNIVERSITY RESPONSmn.ITIES:
The University will provide to Vendor copies of the 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 during business hours and at the University's sole expense. In the event University
determines that Vendor is not averaging the required number of operations, hours, and officers in each
operation over the period of time between the date delivery of services commences and the audit date, as
agreed to herein, the University may reduce the funding for the remaining term of the 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 RESPONSmILITIES:
ON-STREET OPERATIONS
Funding is restricted to on-street overtime operations condueted 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 Vendor will be reimbursed based on performance of specific tasks listed within the contract.
Invoices must document that each oftieers initial40-bour minimum level of effort has been met prior to
participating in overtime operations (note -omcers can be scheduled to work HVE overtime
operations in a given week prior to having met tbe 40-hour minimum. However, should the officer not
end up working their full 40 hours during that week, then those hours for BYE would not be overtime,
and thus would not be eligible for reimbursement). 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. Vendors will not be
reimbursed for 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 Only sworn law
enforcement officers are eligible to conduct activities (Community Service Officer (CSO) are not eligible for
reimbursement). Only High Visibility Enforcement is eligible for reimbursement on this contract; time spent
for activities such as training, outreach, school events, administrative time, etc. are not eligible for
reimbursement. Hours that are not In excess of an officers normal 40-hour work week are uot eligible for
reimbursement.
NON-DISCRIMINATION AND ETHICAL STANDARDS
No person shall, on the ground of race, color, religion, sex, handicap, or national origin, be subjected to
discrimination under any program or activity supported by this contract. The agency agrees to comply with
the Florida Civil Rights Act (F.S. 760)
http://www.leg.state.fl.us/statutes/index.cfm?Appmode=DisplayStatute&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
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City of South Miami
Enforcement. https:liwww.fdle.state.fl.us/ContentlCJSTIMenu/Officer-Reguirements-Main-PageILE-Ethical-
Standards-of-Conduct.aspx
TRAINING & PERSONNEL RATES
There are two required training modules that can be accessed for free on the www.AlertTodayFloridacom
website. All officers must meet all training requirements, regardless of previous training. Each officer will be
responsible for taking the training and passing quizzes. Time for completion of these training requirements
shall be in-kind.
REOUIRED: The following Roll Call videos must be watched by all officers. In addition, there is a quiz that
must be completed with a score of at least 80%:
"Pedestrian Safety Roll Call for Law Enforcemenf' http://www.alerttodayfloridacom/RolICalJ/
"Cycling Safety Roll Call for Law Enforcement" http://www.alerttodayflorida.com/RollCall/
OPTIONAL: The following training videos are optional, but we strongly encourage your officers to take part
in these trainings:
"Pedestrian Safety Training for Law Enforcement" http://www.iadJest.orgIProjects/NLEARN.aspx
"Enhancing Bicycle Safety: Law Enforcement's Role" http://www.iadlest.orglProjectsINLEARN.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 requir~ 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 biUing rate and verifying
training bas 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.
COREACTnnTYPERFORMANCE~URES
Each Law Enforcement Agency will perform a minimum of (80%) eighty percent of contracted efforts
outlined within their High Visibility Enforcement contract within the contract period to be eligible for agency
of the year award consideration. Each successive fiscal year, agencies will be prioritized for funding based on
percentage of performance expectations that were met. Performance will be tracked through monthly activity
reports and measured against the established enforcement plan.
CONSEQUENCES FOR NON PERFORMANCE
If the Vendor is not meeting the agreed upon level of effort as outlined in Exhibit B, the full amount of
funding for subsequent periods will be reduced. In the event that the required services are in dispute, the
invoice may be pro-rated, reduced, or withheld until adequate documentation is provided to support the
completion of such services and the dispute is resolved. If minimum performance requirements are not met,
the invoice will be pro-rated, and payment will only be made for services that were completed as outlined in
this agreement.
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City of South Miami
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. Ifpayroll is bi-weekly, invoices may be submitted after every two pay periods. Invoices must
contain the following:
• Invoice: summary of hours charged and total due. Vendor must use the invoice template provided
by 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 normal 40-hour workweek. Vendors must submit hours using the Personnel
Services Timesheet template provided by the University.
• Activity Reporting form: one page for each operationllocation 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. Vendors 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.
• 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 TIl for additional details. .
All invoices must include the dates of service (to/from) and the following certification statement: "All costs
are true and valid costs incurred in accordance with the agreement, deliverables were received and accepted."
The certification statement must be signed by an authorized agent of the "Vendor". Invoices must be
submitted through the provided online platform. In case access to the provided online platform cannot be
obtained, invoice documentation can be sent electronically to acc2@cutr.usf.edu.
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City of South Miami
EXHIBIT "B"
EFFORT SUMMARY -PEDESTRIAN AND BICYCLE SAFETY ENFORCEMENT CAMPAIGN
SERVICE PROVIDED: Enhanced Traffic Enforcement DetaiIIHigh Visibility Enforcement
Number of operations to be completed 19
Hours per operation 2
Officers per operation 2
1. SW nnd 5t (Sunset Dr) from SW 6]th Ave to 5W
List of approved 57th Ave
intersections/corridors to conduct 2. S Dixie Hwy from SW 80th St to SW 5~h Ave
operations 3. SW 70th St from SW 62 nd Ave to S Dixie Hwy
4. SW 57th Ave from SW nnd St to SW 64th St
Actual Average = (Total # of details x
# officers ~r detail x # hours Rer 2.17
details I Total # of weeks
Total Project budget not to exceed: $3,200
NOTE: Total budget calculated from 3S weeks total duration at the level of effort indicated above. Reasonable effort must
be made to maintain the weekly level of effort for the full contract period. If the level of effort outlined above is not
obtained during a given month due to unexpected circumstances (Le. weather, staffing issues, illness, etc.), these should
be documented in each invoice. All properly documented overtime enforcement hours completed within the contract term
will be reimbursed, not to exceed the total budget.
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City of South Miami
S Miami HVE locations
1. SW nnd St (Sunset Dr) from SW 6]th Ave to SW 57th Ave
2. S Dixie Hwy from SW 80th St to SW 5~h Ave
3. SW 70th St from SW 62nd Ave to 5 Dixie Hwy
4. sw 5]th Ave from SW nnd St to SW 64th St
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City of South Miami
Letter of Agreement and Contract
SIGNATURE PAGE
C/' T'( !1 0oc)JJ EY1'-A..,.; AgencyName(Vendor): ____ '--_~_+_-..J~.-'IIJ--"-I""-.-.,v----------_____ _
FEID# 5et -"ODD 4~\
City: _~-=-ou_~_'_'__M_l_a._IM.l._ ... _________ State: FL Zip: __ 3-=--~_14--=? _____ _
~----
University of South Florida Board of Trustees
APPROVED AS TO FORM
AND LEGAL SUffiCIENCY
y~
Joel Landrigan
AlTORNEY -USF
niversity of South Florida Date
VENDOR ACKNOWLEDGEMENT: By signing below, I certify that I have read the entire document, agree to abide
by the pricing and all terms and conditions of this Letter of Agreement and Contract, and that I am authorized to sign for
the Vendor.
2 -/ -1i5
Date
Printed Name Title
Approved as to form and legality:
By: ~4#
FDOT APPROVAL City Attorney
8
City of South Miami
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Florida DepartDlent of Transportation (FOOl) Project # 433144-1, Contract #GOOD
State and Federal Requirements:
FEDERAL 'flHlURCES AWARDED PURSUANT TO THIS CONTRACT ARE SUBJECT TO THE FOLLOWINGAUPIT REQUIREMENTS:
2 CFR. Part 'lOO -Uniform Administrative Requimnenls, Cost Principles & Audit Requirements fur Fedend Awards www ecfr.gov
fEDERAL RESOIJIlCES AWARDED PllBS1JANI TO THIS CONTBACI' MAX ALSO BE SUBJECl' TO THE FOLLOWING;
Tide 23 -Ifishways, Unimd States Code
htto:!!uscode.house.gov/browse xhtml
Tide 49 -Transportation. United States Code
htto:l!uscode.house.gov/browse xhtml
MAP-21-MovingAhead forPrognuin the 2]-Century, P.L. 112-141
www.dot.gov!map21
Fedend Highway Administration -Florida Division
www.tbwadot.govlfldiv
Fedend Funding Accoun1abili1;y and Transpatency Act (FFATA) Sub-awan:l Reporting System (FSRS)
www.fsrs gov
FEDERAL RF.SOJJRCES AWARPEDPUBSUANI TO THIS CONTRACf ARE SJJlLlECI' TO THE mLLOWING BEOIlIREMENTS;
Failuru to submit progress reports and invoices as outlined in the Letter of Agreement and Con1ract may RlSIIIt in temlination of the agmement; may render the vendor
ineligible for reimbursement of expenses; and may Imler the vendor ineligible for future consideration for funding under this program.
lftlle contract is terminated, the fImds may be reallOCldlld. to other CODtnIcts.
Invoices must be submitted as outlined in the Letter of Agreement and Contract, must meet the timeline established in the atIIIched contnIct for services, and must
include all required documenIation as outlined in the conIrac:t for SOJVices.
All invoices must contain the filii details of each expenc:Iiturv sufficient to support a proper pre-audit and post audit based on tile scope ofwork and servic:es identified in
the Letter of Agreement and Contract.
All invoices sball be signed by 811 Authorized Repteselltative of the vendor or their delegate.
Payment will be made only after receipt and approval of goods and services as outlined in the at1BChed contract and exhibi1s. lfthe Univmity detmmines that the
performance of the vendor is unsatis&ctory, the University sball notifY the vendor of the deficiency to be corRCtIId, which conection shaI1 be made within a timo-Jiame
to be specified by the University.
The vendor shall, within five days after notice from the Universi1;y, provide the University with a conective action plan describing how the vendor will address all
issues of conIrac:t non-performanc:e, unacceptable performance, tiuluru to meet the minimum performance levels, deliverable deficiencies, or contract non-compIiance.
lfthe comctive action plan is unacceptable to the University, the vendor sball be assessed a non-performance retainage equivalent to 10% of the to1al invoice amount.
The re1ainage sbaIl be applied to the invoice for the theJH:ummt billing period. The retainage shall be withheld until the vendor resolves the deficiency.
lftlle deficiency is subsequently resolved" the vendor may bill the University for the retained amount during the next billing period. If tile veudor is unable to resolve
the deficiency, the funds retained will be forfeited at tile end of the contract's 1IlIm.
A VendorOmbudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for vendors who
may be experiencing problems in obtaining timely paymen1(s) ftoma state agency or University. The Vendor Ombudsman may bec:onlacted at (850)413-5516.
The vendor shall establish tiscaI control and fund accounting procedures that assuru proper disbursement and accounting of CODtIacfed timds and required expenditures.
All monies spent on this conInIct shall be disbursed in accordance with provisions of the contract seope of work as approved by the University and FOOT S1IItB Safety
Office Program Manager and must meet all state and federal regulations attached or referenced in this contract.
All expenditures and cost 8CCOWlting oftimds shall confoJDl to 2 CFR, Part 200, Uallorm Admiaistrative Requiremeals, Cost PriaclpJes, and Audit Req1Iirements
for Federal A wants, berein incorporated by reference, (hereinatler refiured to as Applicable Federal Law).
The vendor agrees to comply with all applicable provisions ofCbapter 287, Florida Statutes. The following provisions are stated in this contract puIlIUIIIIl to sections
287.1 33{2Xa) and 287.1 34(2Xa), Florida Statutes.
(a) Sectloa 217.133 (2)(a), F.8. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a
bid, proposa1, or reply on a CODtraet to provide goods or services to a public enti1;y; may not submit a bid, proposal, or reply on a contract with a public entity for tile
construction or repair of a public building or public work; may not submit bids, proposals. or replies on leases ofreal property to a public entity; may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant tmder a con1nIct with any public entity; and may not transact business with any public enti1;y in
excess of the threshold amount provided in s. 287.017 for CAlEGORY 1WO fora period of 36 months following the date of being placed on thec:onvicted veodorlist.
(b) Section 217.134 (2)(a), FA An entity or affiliate who has been placed on the discriminatory ve~or list may not submit a bid, proposal, or reply on a contract to
provide any goods or services to a public enti1;y; may not submit a bid, proposal, or reply on a contract with a public entity for the constnJcti.on or repair of a public
building or public work; may not submit bids, propossIs, or replies on leases of real property to a public enti1;y; may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public enti1;y; and may not transact business with any public entity.
9
City of South Miami
All invoices for services shall contain the following certification statement and must be signed by the vendors fmanciaJ representative:
"All costs are true and val id costs incurred in accordance with the agreement, deliverables were received and accepted."
The University and FOOT State Safety Office shall review and approve in writing all amendments to consultant and contractual service agreements prior to execution.
Only amendments to the contract which achieve or improve upon the outcome of the project as determined by the funding agency and any state or federal regulations
that govern such changes will be considered for approval.
Requests for amendment shall be in the form of a written request signed by the Authorized Representative of the vendor. Delegations of signature authority will not be
accepted for amendment requests without prior written approval.
Approval of this contractual service agreement does not constitute approval of amendments to the contract Any contract amendment executed without prior written
approval of the University and FOOT State Safety Office wiD not be reimbursable under this contract
The allowabil ity of costs incurred under any contract shall be determined in accordance with the general principles of allowabil ity 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 vendor. ODly costs directly related to tbe approved scope of services within the attached contract shaD be allowable.
The State of Florida's performance and obligation to reimburse the vendor shall be subject to the availability ofFederal highway safety funds and an annual
appropriation by the Legislature. As detailed in 49 CPR, Part 29, Governmentwide Debarment and Suspension (Nonproenrement) and Governmentwide
Requirements for Drag-Free Workplace, herein incorporated by reference, the vendor shall not be reimbursed for the cost of goods or services received from
contractors, consultants, vendors, or individuals suspended, debarred, or otherwise excluded fiom 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
4 !U.S.C. 2S3(g) (currently $25,000).
If a vendor has not commenced within 30 days after the acceptance of the contract, the vendor shall report by letter the steps taken to initiate the work, the reasons for
delay, and the expected starting date. It: after 60 days ftom the acceptance of the contract, services as descnbed herein has not begun, a further statement of
implementation delay will be submitted by the vendor to the University. The vendor agrees that if the letter is not received in the 60 days, the University may cancel the
contract The University, or the FOOT State Safety Office Program Manager, where warranted by excusable delay, may extend the implementation date of the project
past the 6O-day period. In this case, formal written approval will be provided to the vendor ftom the University or FOOT State Safety Office Program Manager.
Funds may not be obligated prior to the effective date or subsequent to the end date of the contract service period. Only costs incurred on or after the effective date of
the contract and on or prior to the end date of tile contract are eligible for payment A cost is incurred when the vendors employee or approved subcontractor performs
the service required or when goods are received by the vendor, notwithstanding the date of order.
In the event of defiwJt, noncompliance, or violation of any provision of this contract by the vendor, the vendors consultant(s) or contractor(s) and supplier(s). the vendor
agrees that the University will impose ~11S. Such sanctions include withholding of payment, retainage, cancellation, termination, or suspension of the contract in
whole or in part. In such an event, the University shall notiJ)t the vendor of such decision 30 days in advance of the effective date of such sanction. The sanctions
imposed by the University will be based upon the severity of the violation, the ability to remedy, and the effect on contract performance. The vendor shall be paid only
for those services satisfactorily performed prior to the effective date of such sanction.
The University, Florida Department of Transportation, Federal Highway Administration (FHW A). Chief Financial Officer (CFO). and Auditor General (AG) of the
Stale of Florida, or any of their duly authorized representatives, shall have access to all books, documents, papers, and records of the vendor pertaining to this contract,
and to relevant books and records of the vendor, and its consultants and contractors under this contract, for the purpose of audit and examination as provided under
Applicable Federal Law.
In addition to review of audits conducted in accordance with 2 CFR Part 200, herein incorporated by reference, monitoring procedures may include, on-site visits by
University staR: limited scope audits as defined by 2 CPR Part 200, and status checks of contract activity via telephone calls from University staff to vendors. By
entering into this contract, the vendor agrees to comply and cooperate with monitoring procedures. In the event that a limited scope audit of the contract is performed,
the vendor agrees to bring the project into compliance with the contractual service agreement The vendor further agrees to comply and cooperate with any inspections,
reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General.
The vendor agrees to comply with all provisions provided in Chapter 119 Florida Statutes. If the vendor receives a publ ic records request concerning its work
undertaken pursuant to this contract, the vendor must take appropriate action as required by Chapter 119, Florida Statutes.
The University shall unilateraJly cancel this contract if the vendor 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 vendor in coqjunction with this contract.
Records of costs incurred under the terms of this contract shall be maintained and made available upon request to the University t all times during the period of this
contract and for five years after final payment is made. Copies of these documents and records shall be furnished to the Universi1;y upon request Records of costs
incurred include the vendors general accounting records and the contract records, together with supporting documents and records, of the vendor and all subcontractors
performing work on the contract, and all other records of the vendor and subcontractors considered necessary by the University for a proper audit of costs.
The administration of resources awarded througb the University to the vendor by this Agreement may be subject to audits and/or monitoring by the University. The
following requirements do not limit the authority of the University to conduct or arrange for additional audits or evaluations of contracts issued pursuant to Federal
awards or limit the authority of any State agency inspector general, the State of Florida Auditor GeneraJ or any other State official. The vendor shall comply with all
audit and audit reporting requirements as specified below.
(a) In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F -Audit Requirements, monitoring procedures may include but not be
limited to on-site visits by Universi1;y staff and/or other procedures including, reviewing any required performance and financial reports, following up, ensuring
corrective action, and issuing management decisions on weaJcnesses found through audits when those findings pertain to contracts issued pursuant to Federal awards
provided through the University. By entering into this contract, the vendor agrees to comply and cooperate fully with any monitoring procedures/processes deemed
appropriate by the University. The vendor further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the
University. State of Florida Chief Financial Officer (CFO) or State of Florida Auditor General.
10
City of South Miami
(b) The vendor, anon-Federal entiI;y as defined by 2 CPR Part 200, Subpart F -Audit Requirements, as a sub-recipient of a contract pursuant to a Federal award
awarded by the University is subject to the fbUowing requirements:
(I) In the event the vendor expends a total amount of contracted funds pursuant to a Federal award equal to or in excess of the threshold eslablished by 2
CPR Part 200. Subpart F -Audit Requirements, the vendor must have a Federal single or program-specific audit 1br such fiscal year conducted in
accordaru:e with the provisions of2 CPR Part 200, Subpart F -Audit Requiremen1s. This contract provides the required Federal award identification
infonnation Deeded by the vendor 10 turther comply with the requiremenls of2 CPR Part 200, Subpart F -Audit Requiremen1s. In determining conIIacted
funds pursuant 10 FederalllWIIIds expended in a fiscal year, the vendor must consider all sources of Federal awards based on when the activity related to the
Federal award occurs. including the Federal award provided tIIrougb the Universi1¥ by this c:ontract. The determinalion ofamounts of Federally awarded
funds expended sbouId be in accordance with the guidelines established by 2 CPR Part 200, Subpart F -Audit Requirements. An audit conducted by the
Ste1e ofFJorida Auditor General in accordance with the provisions of2 CPR Part 200, Subpart F -Audit Requirements, will meet the requirements of this
part.
(2) In connection with the audit requirements, the vendor shall tiJlfill the requirements relative to the auditee responsibilities as provided in 2 CPR Part 200,
Subpart F -Audit Requirements.
(3) In the event the vendor expends less than the threshold established by 2 CPR Part 200, Subpart F -Audit Requirements, in Federal awards, the vendor is
exempt 1iom Federal audit requirements 1br that fiscal year. Howuver, the vendor must provide a single audit exemption s1BII\ment 10 the Florida Department
ofTransportation at FDQTSingleAudit@dot.state.fl.us no later than nine months after the end of the sub-recipienfs audit period for each applicable audit
year. In the event the sub-recipient expends less than the threshold established by 2 CPR Part 200, Subpart F -Audit Requirements, in FederalllWllIds in a
fiscal year and elects 10 have an audit conducted in accordanc:e with the provisions of2 CPR Part 200, Subpart F -Audit Requilements, the cost of the audit
must be paid from non-Federal resources (Le., the cost of such an audit must be paid 1iom the vendors resources obtained from other than Federal entities).
(4) The vendor must electronically submit to the Federal Audit Clearinghouse (F AC) at https:/lharvester.census.gov/facweblthe audit reporting package as
required by 2 CPR Part 200, Subpart F -Audit Requirements, within the earlier of3O calendar days after receipt of the auditor's report(s) or nine moUths
after the end of the audit period. The FAC is the repositmy ofrecord for audits required by 2 CPR Part 200, Subpart F -Audit Requirements, and this
Agrwment. However, the Florida Department of Transportation requires a copy of the audit reporting package also be submitted to
FDOTSingleAudit@dot.state.f1.uswithintheearlierof30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit
period as required by 2 CPR Part 200, Subpart F -Audit Requirements,
(5) Within six months ofaa:eptance of the audit report by the FAC, the Florida Department ofTnmsporIation will IlIView the sub-recipient's audit reporting
package. including corrective action plans and management letters, to the extent necessmy to determine whether timely and appropriate action on all
deficiencies bas been taken perlaioing to the Federal award provided through the University by this contract. If the vendor fiIiIs 10 have an audit conducted in
accordance with 2 CPR Part 200, Subpart F -Audit ReqWmnents. the Universil¥ may impose additional conditions to remedy noncompliance. If the
University or the Florida Department ofTransporlation deIm1nines that noncompliance cannot be remedied by imposing additionaJ conditions, the
University may take appropriate actions to en1brce compliance, whiclI actions may include but DOt be limited to the following:
a. Temporarily withhold cash payments pending correction of the deficiency by the vendor or more severe enforcement action by the University;
b. DisslIow (deny the use offunds fur) all or part of the cost of the activity or action not in compliance;
c. Wholly or partly suapend or terminate the CODtJact;
d. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180 and Federal awarding agency regulations (or in the case of
the University or the Florida Department of Transportation, recommend such a proceeding be initiated by the Federal awarding agency);
e. Withhold further contracts pursuant to FederalllWllIds 1br the Project or program;
f Take other remedies that may be legally 8V8llable.
(6) As a condition of receiving this contract, the vendor shall permit the University, or its designee. the CFO or Ste1e of Florida Auditor GeDeral access to the
vendors records including financial stetements, the independent auditor's working papers and contract records as necessary. Records related to unresolved
audit findings, appeals or litigation shall be retained unti1 the action is complete or the dispum is resolved.
(7) The contact information 1br requirements under this part is as follows:
Office ofComptro1ler. MS 24
605 SUWIIIlDee SUet
Tallahassee, Florida 32399-0450
FDOTSingleAudit@dot.state.f1.us
(8) The vendor agrees to comply with Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation 10 comply with Section
20.055(5), Florida Statutes. The vendor shall main sufficient records demonstrating its compliance with the terms of this CODtract for a period offive years
from the date the audit report is issued and shall allow the University, or its designee, the CFO or Ste1e of Florida Auditor General access 10 such records
upon request. The vendor shall ensme that the audit working papers are made available to the Universil¥. or its designee, the CFO, or State of Florida
Auditor General upon request 1br a period offive years from the date the audit report is issued unless extended in writing by the University.
The vendor shall establish and administer a system 10 control, protect, preserve, use, and maintain and track any property or materials purchased pursuant to this
contract.
Any dispute, dissgreement, or question offact arising lDlder the contraCt may be addJessed to the Program Manager in the FOOT 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 Safilty Representative, whose decision
is final. Address' are:
11
City of South Miami
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 ofTransportation
Attn: Governor's Highway Safety Representative
State Safety Office. MS 53
605 Suwannee Street
Tallahassee, Florida 32399-0450
The vendor shall proceed diligently with the performance of the work in accordance with the contract and in accordance with the decision(s) resulting from dispute
resolution.
Conferences may be held at the request of any party to this contract. Representatives of the University, Florida Department of Transportation, or the U.S. Department of
Transportation (USOOT), or all the above, shall be privileged to visit the site for the purpose of inspection and assessment of work being performed at any time.
Subject to the limitations of Section 768.28, Florida Statutes, the vendor and any subcontractors that are party to this contract shall be required to defend, hold harmless
and indemnifY the University, the Florida Department of Transportation, NHTSA, FHW A, and USOOT, from all claims and liability, or both. due to negligence,
recklessness, or intentional wrongful misconduct of the vendor, its contractor, consultant, agents and employees. The vendor and its contractors, consultants, agents, or
employees shall be liable for any loss of, or damage to, any niaterial purchased or developed under this contract which is caused by the vendor and its contractors,
consultants, agents, or employees failure to exercise such care in regard to said material as a reasonable careful owner-of similar materials would exercise. The parties
executing this contract specifically agree that no provision in this contract is intended to create in the public or any member thereot: a third party beneficiary, or to
authorize anyone not a party to this contract to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this contract.
Disadvantaged Business Enterprises (DBE)
(a) The vendor and its contractors, consultants, agents, or employees agree to the following assurance:
The vendor, its contractors, consultants, agents, or employees shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of
any USDOT-assisted contract or in the administration of its DBE program required by 49 CPR, Part 26, herein incorporated by reference. The vendor shall take all
necessmy and reasonable steps under 49 CPR, Part 1 to ensure nondiscrimination in the administration ofUSOOT assisted contracts. Implementation of this contract is
a legal obligation and failure to carry out these requirements is a material breach of this contract, which may result in the termination of the contract or such other
remedy, as the sub-recipient, its implementing agency, or the Department deems appropriate. Upon notification to the vendor of its failure to carry out its approved
contractual services. the USDOT may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C.
1001 andIortheProgram Fraud Civil Remedies Actof1986 (31 U.S.C. 3801 et seq.), herein incorporated by reference.
(b) The vendor and its contractors, consultants, agents, or employees agree to include the following assurance in each subcontract with a consultant or contractor and to
require the consultant or subcontractor to include this assurance in all subsequent contracts:
The vendor, and its contractors, consultants, agents, or employees agree to comply and require consultants and subcontractors to comply with 49 CPR, Part 20, New
Restrictions on Lobbying, herein incorporated by reference, for filing of certification and disclosure forms.
No funds contracted hereunder shall be used for the purpose of lobbying the legislature, judicial branch, or state agencies. Section 216.347, Florida Statutes.
None of the fimds under this contract will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of
any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying
activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State
or local legislative officials, in accordance with custommy State practice, even if such communications urge legislative officials to favor or oppose the adoption of a
specific pending legislative proposal.
If any provision of this contract is held invalid, the remainder of this contract shall not be affected. In such an instance the remainder would then continue to conform to
the terms and requirements of applicable law.
Outreach items cannot be freely distnbuted to the public without any action on a vendors part. Persons receiving outreach items should interact with the vendor in some
manner related to the goal of the contract to receive them. The results of each interactive activity must be reported in the monthly performance report.
For contracts in excess of $1 00,000 the vendor and its contractors, consultants, agents, or employees agree to comply with all applicable standards, orders, or
regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), herein incorporated by
reference. The vendor shall include this provision in all subcontract award's in excess of $1 00,000.
The vendor and its contractors, consultants, agents, or employees agree that the University shall find the vendor and its contractors, consultants, agents, or employees
ineligtble for future funding for any of the following reasons:
o Failure to provide the required audits
o Failure to provide required reports in the required time frame
o Failure to perform work described in the contract scope of services
o Providing fraudulent reports or invoices
o Misuse of materials or equipment provided through this contract
12
City of South Miami
Eaeh vendor and its ccmtractors, consultants, and/or agents. shall have a written safety belt policy, which is enforced for all employees. A copy of1he policy shall be
maintained by the vendor and/or contractor, consultant, or agent and made available for review if requested.
No person shall, on the grounds of race, color, religion, sex, handicap. or national origin, be excluded from participation in, be refused the benefits of, or be otherwise
subjected to discrimination under this contract, or any project, program, or activity that receives or benefits from this contract The vendor and its contractors,
consultants. agents. or employees agree to comply with Executive Order (B.O.) 11246, as amended by E.O. 11375, and as supplemented by 41 CFR, Part 60, herein
incorporated by reference.
Vendors shall
(a) Utilize 1he u.s. Department ofHome1and Security's E-Verify system to verify the employment eligibility of all new employees hired by the VendorlContractor
during the term of the contract;
(b) Expressly require any subcontractors performing work or providing services pUISuant to the state contract to likewise ublize 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.
The vendor and its contractors, consultants, agents, or employees unilaterally agree to comply with all State and Federal Regulations referenced within and pursuant to
this contract.
Vendors will comply with all Federal statutes and implementing regulations relating to nondiscrimination ("Federal Nondiscrimination Authorities .. ). These include
but are not limited to:
(a) Tide VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252). (prohibits discrimination on the basis ofrace, color, national origin) and 49 CPR part
21
(b) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 460 I), (prohtbits unfair treatment ofpersons displaced or whose
property has been acquired because of Federal or Federal-aid programs and projects) 500-065-01 SAFElY 04117 19
(c) Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.). and Tide IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686)
(prohibit discrimination on the basis of sex)
(d) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CPR part 27
(e) The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 etseq.), (prohtbits discrimination on the basis of age)
(f) The Civil Rigb1sRestorationAct of 1987, (Pub. L. 100-209), (broadens scope, coverage and applicability of Tide VI of the Civil Rights Act of 1964, Tbe Age
Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the
prognIIIIS or activities of the Federal aid recipients. Subrecipient's and contractors, whether sucb programs or activities are Federally funded or not)
(g) Titles nand m of the Americans with Disabilities Act (42 u.s.c. 12131-12189) (prohibits discrimination on the basis of disability in the operation ofpublic
entities. public and private transportation systems, p181.leS of public accommodation. and certain testing) and 49 CPR parts 37 and 38
(h) Executive Order 12898, Federal Actions To Address Enviromnental Justice in Minority Populations and Low Income Populations (prevents discrimination against
minority populations by discoumging programs. policies, and activities with disproportionate1 high and adverse human health or environmental effects on minority and
low income populations); and
(i) Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin
discriminationIdiscrimination because oflimited English proficiency (LEP) by ensuring that timding recipients take reasonable steps to ensure that LEP persons have
meaningful access to programs (70 FR 74087-74100).
During the performance of this subgrant, the Subrecipiem agrees:
(a) To comply with all Federal nondiscrimination laws and regulations, as may be amended ftom time to time
(b) Not to participate directJy or indirectly in the discrimination prohibited by any Federal non-discrimination law or regulation. as set forth in appendix B of 49 CPR
part 21 and herein
(c) To permit access to its books" records, accounts, other sources of information, and its facilities as required by the FDOT State Safety Office, US DOT or NHTSA
(d) That, in event a vendor fails to comply with any nondiscrimination provisions in this contract, the University will have the right to impose such contract sanctions as
it" the Florida Department ofTransportation. or USDOT determine are appropriate, including but not limited to withholding payments to the vendor under the
conIIaI:tIagreement until the vendor complies; and/or cancelling, terminating, or suspending a contract or timding agreement, in whole or in part
(e) To insert this clause, including paragraphs "a" through "e", in every subcontract and sub-agreement and in every solicitation fur a subcontract or sub-agreement,
which receives Federal timds under dris contract
The vendor will comply with provisions of the Hatdt Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment
activities are fimded in whole or in part with Federal funds. SOO-06S-O I SAFETY 04/17 20 49. Certification Regarding Federal Lobbying. The vendor certifies. to the
best ofbis or her knowledge and belie( that:
(a) No Federal appropriated fimds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee ofa Member of Congress in eonnection with the awarding of
any Federal contract, the making ofany Federal grant. the making ofany Federal loan, the entering into ofany cooperative agreement, and the extension, continuation,
reuewaJ. amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(b) If any funds other than Federal appropriated timds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of
any agency. a Member of Congress. an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant. loan,
or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
(c) The Subrecipient shall require that the language of this certification be included in the award documents for all sub-award at all tiers (including subcontracts.
subgrants, and contracts under grant, loans. and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly. This certification is a material
represenlation ofiilct upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by section 1352. tide 31, U.S. Code. Any person who fails to tile the required certification shall be subject to a civil penalty of not
less than $10,000 and not more than $100,000 for each such failure.
13
City of South Miami