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3THE CITY OF PI.EASANT LIVING To: FROM: DATE: SUBJECT: BACKGROUND: GRANTOR: GRANT AMOUNT: GRANT PERIOD: ATTACHMENTS: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM The Honorable Mayor & Members of the City Commission Steven Alexander, City Manager October 17, 2017 Agenda Item NO.:~ A Resolution author'izing the City Manager to execute a contract with the University of South Flor,ida for the Pedestrian and Bicycle Safety Enforcement Campaign 2017-2018, in an amount not to exceed $3,200. The Florida Department of Transportation (FOOT), through the University of South Florida -, Board of Trustees, awarded the City of South Miami $3,200 to utilize law enforcement officers to educate and enforce safe pedestrian, bicyclist, and driver behaviors in the City. 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 Police Department will use the funding for overtime by enforcement officers performing on-street education and enforcement operations in four areas with the highest representation of crashes involving pedestrians and bicyclists. Florida Department of Transportation (FOOT) through the University of South Florida $3,200 Upon execution date through May 17, 2018 Contract 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 RESOLUTION 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 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 __ , day of ___ , 2017. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM LANGUAGE, LEGALITY AND EXECUTION THEREOF: CITY ATTORNEY APPROVED: MAYOR Mayor Stoddard: Vice Mayor Welsh: Commissioner Edmond: Commissioner Harris: Commissioner Liebman: Letter of Agreement and Contract In this contract between tbe City of South Miami e'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 perfonn 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 Dot exceed $3~200 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 #G0023 (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, FDOT, the University, and the Vendor's ("State Agencies" or individually "State Agency") respective totalliabiJity shall not exceed the limits of their waiver ofsovereigll immunity provided under Section 768.28, Florida Statutes. Nothing herein shall be construed as consent by the State Agencies to be sued by third parties in any matter arising out of this contract or as a waiver by the State Agencies of any immunities, rights or limits to liability provided by Florida law. Each State Agency shall be responsible for its own attorney fees in the event of a dispute. In accordance with the contract, the Vendor is authorized to perform the tasks detailed in the scope of services (Exhibits A & B) and is fully responsible for satisfactory completion of all services. Services performed prior to receiving an executed contract from the University will not be eligible for reimbursement. This contract does not involve the purchase of Tangible Personal Property, as defined in Chapter 273, Florida Statutes. 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. CANCELLA TION: This contract may be unilaterally cancelled by FDOT or the University for refusal by the Vendor to allow public access to all documents, papers, letters, or other material made or received by the Vendor in conjunction with this contract, unless Florida law provides that the records are confidential andlor exempt from the disclosure requirements of section 24(1) of Article 1 of the state constitution and section 119.07(1), Florida Statutes. 1 City of South Miami EXHIBIT "A" SCOPE OF SERVICES PEDESTRIAN AND BICYCLE SAFETY ENFORCEMENT CAMPAIGN I. OBJECTIVE: The Florida Department 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. II. 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 ofthis funding opportunity is to develop and implement effective community level high visibility enforcement operations in areas with the highest representation oftraffic 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 trafflc laws pertaining to pedestrian and bicycle safety and to increase compliance with those laws. III. 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 ofwamings 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. 2 City of South Miami D. The Vendor is required to engage the media during the contract period. The Vendor shall distrihute a minimum of two (2) press releases during the contract 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 include FDOT approved messaging (provided by the University) to coincide with either the Alert Tonight Florida campaign (11/5/17 -3111/18) or Florida Bicycle Month (3/1/18 -3131/18). 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. N. UNNERSITY 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 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 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 OPERATIONS 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 Vendor will be reimbursed based on performance of specific tasks listed within the contract. Invoices must document that each officers initial 40-bour minimum level of effort bas been met prior to participating in overtime operations (note -officers can be scheduled to work HVE overtime operations in a given week prior to having met the 40-hour minimum. However, should the officer not end up working their full 40 hours during that week, then those hours for HVE 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 not 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 rughts Act (F.S. 760) http://www.leg.state.tl.us/statutes/index.cfm?ApRmode=DisplaySta1ute&URL=0700-0799/0760/0760.htm 1 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 3 City of South Miami Enforcement. !ill.P..s:/lwww.fdle.state.fl.Ll~/Content/CJS1'/Menu/Officer:Reguiremcnts-Main-Page/LE-Ethical­ Standards-of-Conducl.aspx TRAINING & PERSONNEL RATES There are two required training modules that can be accessed for free on the www.AlertTodavFlorida.com 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. REQUIRED: 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 Enforcement" http://www.alelitodayflol.ida.com/RollCall/ "Cycling Safety Roll Call for Law Enforcement" http://www.alc;rttodayllorida.com/RoIlCall/ 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.iadlest.o]'glProiectsINLEARN.aspx "Enhancing Bicycle Safety: Law Enforcement's Role" http://www.iadlest.org/ProjectsINLEARN.asp-x 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. The contract hourly billing rate range shall include the costs ofhourJy 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 tlns 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. CORE ACTIVITY PERFORMANCE MEASURES 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. 4 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 mayresult 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 normal40-hour workweek. Vendors must submit hours using the Personnel Services Timesheet template provided by the University. • Activity Reporting form: one page for each operatiotlflocation completed showing officers assigned, date, times, location, safety issue addressed and corresponding enforcement approaches used, contacts overview, number of materials distributed, and the numbers ofwamings 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 norma140 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 tIle 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 III for additional details. All invoices must include the dates of service (to/from) and the following certification statement: "All costs are true and valid costs incurred in accordance with the agreement, deliverables were received and accepted." The certification statement must be signed by an authorized agent of the "Vendor". Invoices must be submitted through the provided online platform. In case access to the provided online platform cannot be obtained, invoice documentation can be sent electronically to acc2@cutr.usf.edu. 5 City of South Miami EXHIBIT "B" EFFORT SUMMARY -PEDESTRIAN AND BICYCLE SAFETY ENFORCEMENT CAMPAIGN SERVICE PROVIDED: Enhanced Traffic Enforcement Detail/High Visibility Enforcement Number of operations to be completed 19 Hours per operation 2 Officers per operation 2 1. SW nod St (Sunset Dr) from SW 67th Ave to SW List of approved 57 th Ave intersections/corridors to conduct 2. S Dixie Hwy from SW 80th 5t to 5W 57 th Ave operations 3. SW 70th 5t from SW 62 nd Aveto S Dixie Hwy 4. SW 57 th Ave from SW nnd St to 5W 64th 5t Actual Average = (Total # of details x # officers 12er detail x # hours ner 2.17 . details I Total # of weeks Total Project budget not to exceed: $3,200 NOTE: Total budget calculated from 35 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. 6 City of South Miami 5 Miami HVE Locations 1. SW nnd St (Sunset Dr) from SW 67th Ave to SW 57 th Ave 2. S Dixie Hwy from SW 80th 5t to SW 57th Ave 3. SW 70th St from SW 62 nd Ave to S Dixie Hwy 4. SW 57 th Ave from SW nnd 5t to SW 64th 5t 7 City of South Miami Letter of Agreement and Contract SIGNATURE PAGE Agency Name (Vendor): ______________________________ _ FEID# __________________________ _ Address: City: _____________________ State: FL Zip: ____________ _ University of South Florida Board of Trustees Project Activity Contact, University of South Florida APPROVm) AS TO FORM AND LEGAL SUFFICIENCY J~ Jo~l Londrigan A11'ORNEY -USF ----------Date Date VENDOR ACKNOWLEDGEMENT: By signing below, 1 certify that I have read the entire document, agree to abide by the pricing and all terms and conditions of this Letter of Agreement and Contract, and that I am authorized to sign for the Vendor. ------------Vendor's Authorized Agent Signature Date Printed Name Title FDOT APPROVAL 8 City of South Miami Florida Department of Transportation (FDOT) Project # 433144-1, Contract #G0023 State and Federal Requirements: FEDERAL RESOURCES AWARDED PURSUANT TO TIDS CONTRACT ARE SUBJECT TO THE FOLLOWING AUDIT REQUIREMENTS: 2 CFR Part 200 -Uniform Administrative Requirements, Cost Principles & Audit Requirements for Federal Awards www.s;dLgov FEDERAL RESOURCES A WARDED PURSUANT TO TIDS CONTRACT MAY ALSO BE SUBJECT TO THE FOLLOWING: Title 23 -Highways, United States Code h!.lu;Ll!!,~~!k, house. gOV IbrO\'\§'\~2;h!.ml Title 49 -Transportation, United States Code h!1Q;ilJJli];pll .. '<.ilOlise.gov/browse.)(ntml MAP-21 -Moving Ahead for Progress in the 21" Century, P.L. 112-141 www.dot.gov/m'mJl Federal Highway Administration -Florida Division viww.ihwa.dot.gov/fl£liY Federal Funding Accountability and Transparency Act (FFATA) Sub-award Reporting System (FSRS) \\",yw.fsrsgoy FEDERAL RESOURCES AWARDED PURSUANT TO TIDS CONTRACT ARE SUBJECT TO THE FOLLOWING REOUIREMENTS: Failure to submit progress reports and invoices as outlined in the Letter of Agreement and Contract may result in termination of the agreement; may render the vendor ineligible for reimbursement of expenses; and may render the vendor ineligible for future consideration for funding under this program. I fthe contract is terminated, the funds may be reallocated to other contrdcts. Invoices must be submitted as outlined in the Letter of Agreement and Contract, must meet the timeline established in the attached contract for services, and must include all required documentation as outlined in the contract for services. All invoices must contain the fujI details of each expenditure sufficient to support a proper pre-audit and post audit based on the scope of work and services identified in the Letter of Agreement and Contract. All invoices shall be signed by an Authorized Representative of the vendor or their delegate. Payment will be made only after receipt and approval of goods and services as outlined in the attached contract and exhibits. If the University determines that the performance of the vendor is unsatisfactory. the University shall notify the vendor of the deficiency to be corrected, which correction shall be made within a time-frame to be specified by the University. 'The vendor shatt, within five days after notice from the University, provide the University with a corrective action plan describing how the vendor will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. lethe corrective action plan is unacceptable to the University, the vendor shall be assessed a non-performance retainage equivalent to 10% ofthc total invoice amount. The retainage shall be applied to the invoice for the then .. current billing period. The relainage shall be withheld until the vendor resolves the deficiency. If the deficiency is subsequently resolved, the vendor may bill the University for the retained amount during the next billing period. Ifthe vendor is unable to resolve the deficiency, the funds retained wilt be forfeited at the end of the contract's teml. A Vendor Ombudsman hus been established within the Department ofFinanciaJ Services. '1he duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a state agency or University. The Vendor Ombudsman may be contacted at (850) 413-5516. The vendor shall establish fiscal control and fund accounting procedures that a~sure proper disbursement and accounting of contracted funds and required expenditures. All monies spent on this contract shall be disbursed in accordance with provisions of the contract scope of work as approved by the University and FOOT State Safety Office Program Manager and must meet all state and federal regulations attached or referenced in this contract. All expenditures and cost accounting offunds shall conform to 2 CFR, Part 200,Oniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, herein incorporated by reference, (hereinafter referred to as Applicable Federal Law). The vendor agrees to comply with all applicable provisions of Chapter 287, Florida Statutes. The following provisions are stated in this contract pursuant to sections 287.1 33(2)(a) and 287. 134(2)(a), Florida Statutes. (8) Section 287_133 (2)(0), F.S_ A person or affiliate who has bcen placed on the convicted vendor list following a conviction fora public entity crime may not submit a bid, proposal, or reply on a contract to provide goods or services to u 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 anlount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. (b) Section 287.134 (2)(a), F.S. An entity or affiliate who has been placed on the discriminatory vemior 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 .. 9 City of South Miami All invoices for services shall contain the following certification statement and must be signed by the vendors financial representative: "All costs are tnle and valid costs incurred in accordance with the agreement, deliverablcs were received and accepted." The University and FOOT State Safety Office shall review and approve in writing aU amendments to consultant and contractual service agreements prior to execution. Only amendments to the contract whieh 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 ofthis contractual service agreement does not constitute approval of amcndments to tht:' contract. Any contract amendment executed without prior written approval of the University and FDOT State Safety Office will not be reimbursable under this contract. The allowability of costs incurred under any contract shall be detennined in accordance with the general principles of a1lowabiIity 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. Only costs directly related to the approved s(ope of services within the attached cOlltract shall be allowable. The State of Florida's performance and obligation to reimburse the vendor shall be subject to the availability of Federal highway safety funds and an annual appropriation by the Legislature. As detailed in 49 CFR, Part 29, Governmentwide Debarment and Suspension (Nonprocurement) and Governmentwide Requirements for Drug-Free Workplace, herein incorporated by reference, the vendor shall not be reimbursed for the cost of goods or services received from contractors, consultants, vendors, or individuals suspended, debarred, or otherwise excluded from doing business with the Federal government. The SUb-recipient or its implementing agency shall submit the required certification by consultants with awards in excess of the small purchase threshold fixed at 10 U.S.C. 2304(g) and 4IU.S.C. 2S3(g) (currently $25,000). If a vendor has not commenced within 30 days after the acceptance ofthe contract, the vendor shall report by letter the steps taken to initiate the work; the reasons for delay, and the expected starting date. If, after 60 days from the acceptance of the contract, services as described herein has not begun, a further statement of implementation delay will be submitted by the vendor to the University. The vendor agrees that if the letter is not received in the 60 days, the University may cancel the contract. The University, or the FDOT State Safety Office Program Manager, where warranted by excusable delay, may extend the implementation date of the project past the 60-day period. In this case, tonnal written approval will be provided to the vendor from the University or FDOT State Safety Office Program Manager. Funds may not be obligated prior to the effective date or subsequent to the end date of the contract service period. Only costs incurred on or after the effective date of the contract and on or prior to the end date of the contract are eligible for payment. A cost is incurred when the vendors employee or approved subcontractor perfonns the service required or when goods are received by the vendor, notwithstanding the date of order. In the event of default, noncompliance, or violation of any provision of this contract by the vendor, the vendors consultant(s) or cOl1lractor(s) and supplier(s), the vendor agrees that the University will impose sanctions. 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 notifY the vendor of such decision 30 days in advance of the effective date of such sanction. The sanctions imposed by the University will be based upon the severity ofthe 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 (FHWA), Chief Financial Officer (CFO), and Auditor General (AG) of the State 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 staff, limited scope audits as defined by 2 CFR 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 ofthe 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 ncccssary by the Chief Financial Officer or Auditor General. The vendor agrees to comply with all provisions provided in Chapler 119 Florida Statutes. If the vendor receives a public records request concerning its work undertaken pursuant to this contract, the vendor musi take appropriate action as required by Chapter 119, Florida Statuies. The University shall unilaterally cancel this contract if the vendor refuses to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S., and made or received by the vendor in conjlln~1ion 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 ofthis contract and for five years after final payment is made. Copies of these documents and records shall be furnished to the University upon request. Records of C(lsts 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 hy the University for a proper audit of costs. The administration of resources awarded through the University to the vendor by this Agreement may be subject to audits andfor monitoring by the University. The following requirements do not I imit 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 Stale of Florida Auditor General or any other State official. The vendor shall comply with all audit and audit reporting requirements as specified below. (a) In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F -Audit Requirements, monitoring procedures may include but not hc limited to on-site visits by University 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 tbose 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, a non-Federal entity as defined by 2 CFR Part 200, Subpart F -Audit Requirements, as Il sub-recipient ofa contract pursuant to a Federal award awarded by the University is subject to the following 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 established by 2 CFR Part 200, Subpart F -Audit Requirements, the vendor 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 contract provides the required Federal award identification information needed by the vendor to further comply with the requirements of2 CFR Part 200, Subpart F -Audit Requirements. In determining contracted funds pursuant to Federal awards expended in a fiscal year, the vendor must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including the Federal award provided through the University by this contract. The determination of amounts of Federally awarded funds expended should be in accordance with the guidelines established by 2 CFR Part 200, Subpart F -Audit Requirements. An audit conducted by the State of Florida Auditor General in accordance with the provisions of2 CFR Part 200, SubpartF -Audit Requirements, will meetthe requirements of this part. (2) In connection with the audit requirements, the vendor shall fulfill the requirements relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F -Audit Requirements. (3) In the event the vendor expends less than the threshold established by 2 CFR Part 200, Subpart F -Audit Requirements, in Federal awards, the vendor is exempt from Federal audit requirements for that fiscal year. However, the vendor must provide a single audit exemption statement to the Florida Department of Transportation at FDOTSingleAudit@dot.stat~jllJ1i. 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 of2 CFR Part 200, Subpart F -Audit Requirements, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from the vendors resources obtained from other than Federal entitics). (4) The vcndor must electronically submit to the Federal Audit Clearinghouse (FAC) at https:JJharvester.ccnslJs.govlfacweb!theaudit reporting package as required by 2 eFR Part 200, Subpart F -Audit Requirements, within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period. The FAC is the repository of record for audits required by 2 CFR Part 200, Subpart F -Audit Requirements, and this Agreement. However, the Florida Department of Transportation requires a copy of the audit reporting package also be submitted to F!)OTSingIeAudit@dot.staie.t1.us within the earlier of30 calendar days after receipt of the auditor's report(s) or nine months after the end ofthe audit period as required by 2 CFR Part 200, Subpart F -Audit Requirements, (5) Within six months ofaeceptance of the audit report by the FAC, the Florida Department ofTransportation will review the sub-recipient's audit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the Federal award provided through the University by this contract. If the vendor fails to have an audit conducted in accordance with 2 CFR Part 200, Subpart F -Audit Requirements, the University may impose additional conditions to remedy noncompliance. If the University or the Florida Department of Transportation determines that noncompliance cannot be remedied by imposing additional conditions, the University may take appropriate actions to enforce compliance, which actions may include but not be limited to the following: a. Temporarily withhold cash payments pending correction of the deficiency by the vendor or more severe enforcement action by the University; b. Disallow (deny the use offullds for) all or part of the cost of the activity or action not in compliance; c. Wholly or partly suspend or terminate the contract; d. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180 and Federal awarding agency regulations (or in the casc of the University or the Florida Department of Transportation, recommend such a proceeding be initiated by the Federal awarding agency); e. Withhold further contracts pursuant to Federal awards for the Project or prognun; f. Take other remedies that may be legally available. (6) As a condition of receiving this contract, the vendor shall permit the University, or its designee, the CFO or State of Florida Auditor General access to the vendors records including financial statements, the independent auditor'S working papers and contract records as necessary. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is complete or the dispute is resolved. (7) The contact information for requirements under this part is as follows: Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399·0450 FDOTSineieAudit@dol.slate.f1.us (8) The vendor agrees to comply with Section 20.055(5), Florida Statutes, !IIId to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. The vendor shall retain sufficient records demonstrating its compliance with the terms of this contract for a period of five years from the date the audit report is issued and shall allow the University, or its designee, the CFO or State of Florida Auditor General access (0 such records upon request. The vendor shall ensure that the audit working papers are made available to the University, or its designee, the CFO, or Slate of Florida Auditor General upon request for 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 to control, protect, preserve, use, and maintain and track any property or materials purchased pursuant to this contract. Any dispute, disagreement, or question of fact ariSing under the contract may be addressed to the Program Manager in the FDOT State Safety Office in 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: 11 City of South Miami Florida Department of Transportation Attn: Trenda McPherson, State Bicycle Pedestrian Safety Program Manager State Safety Office, MS 53 605 Suwdnnee Street Tallahassee, Florida 32399-0450 Florida Department of Transportation Attn: Governor's Highway Safety Representative State Safety Office, MS 53 605 Suwannee Street Tallahassee, Florida 32399-0450 The vendor shall proceed diligently with the performance ofthe 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 (USDOT). or all the above, shall be privileged to visit the site for the purpose of inspection and assessment of work being performed at any time. Subject to the limitations of Section 768.28, Florida Statutes, the vendor and any subcontractors that are party to this contract shall be required to defend, hold harmless and indemnifY the University, the Florida Department of Transportation, NHTSA, f'HWA, and USDOT, from all claims and liability, or both, due to negligence, recklessness, or intentional wrongful misconduct of the vendor, its contractor, consultant, agents and employees. 'The vendor and its contractors, consultants, agents, or employees shall be liable for any loss of, or damage to, any material purchased or developed under this contract which is caused by the vendor and its contractors, consultants, agents, or employees failure to exercise such care in regard to said material as a reasonable careful owner of similar materials 'would exercise. The parties executing this contract specilicaJly agree that no provision in this contract is intended to create in the public or any member thereof, a third party beneficiary, or to authorize anyone not a party to this contract to maintain a suit for personal injuries or property damage pursuant to the 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 perfonnance of any US DOT-assisted contract or in the administf"dtion of its DBE program required by 49 CFR, Part 26, herein incorporated by reference. The vendor shall take all necessary and reasonable steps under 49 CFR, Part 2 to ensure nondiscrimination in the administration of US DOT assisted contracts. Implementation of this contract is a legal obligatioll and fuilure 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.Upoll notification to the vendor of its failure to carry out its approved contractual services, the USDOT may impose sanctions as provided for under Part 26 and may, in appropriate 'cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (3 I 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 II 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 eFR, 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 funds under this contract will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. If any provision ofthis contract is held invalid, the remainder ofthis contract shall not be atlected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. Outreach items caanot be freely distributed 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 ofthe contract to receive them. The results of each interactive activity must be reported in the monthly performance report. For contracts in excess of $JOO,OOO 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 awards 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 ineligible for future funding for any of the following reasons: o Failure to provide the required audits o Failure to provide required reports in the required time frame o Failure to perform work described in the contract scope of services o Providing fraudulent reports or invoices o Misuse of materials or equipment provided through this contract 12 City of South Miami Each vendor and its contractors, consultants, and/or agents, shall have a written safety belt policy, which is enforced for all employees. A copy of the 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 agrce to comply with Executive Order (B.D.) 11246, as amended by E.O. I 1375, and as supplemented by 41 CFR, Part 60, herein incorporated by reference. Vendors shall (a) Utilize the U.S. Department of Homeland Security's E-Verify system to verij'y the employment eligibility of all new employees hired by the Vendor/Contractor during the tenn of the contract; (b) Expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security'S E-Verij'y system to verij'y the employment eligibility of all new employees hired by the subcontractor during thc contract tenm. 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) Title 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 CFR par! 21 (b) The Unifonn Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U .S.C. 460 I), (prohibits unfair treatment of persons displaced or whose property has been acquired hecallSe of Federal or Federal-aid programs and projects) 500-065-01 SAFETY 04117 19 (e) Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.c. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex) (d) Section 50~ of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27 (e) The Age Discrimination Act of J 975, as amended, (42 U.S.C. 61 OJ et seq.), (prohibits discrimination on the basis of age) (f) The Civil Rights Restoraiion Act of 1987, (Pub. L. 100-209), (broadens scope, covernge and applicability of Title VI of the Civil Rights Act of 1964, The 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 programs or activities of the Federal aid recipients, Subrecipient's and contractors, whether such programs or activities arc Federally funded or not) (g) Titles II and III ofthe 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, places ofpublic accommodation, and certain testing) and 49 CFR parts 37 and 38 (h) Executive Ordcr 12898, Federal Actions To Address Environmental Justice in Minority Populations and Low Income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse 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 discrimination/discrimination because oflimited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FR 74087-74100). During the performance of this subgrant, the Subrecipient agrees: (a) To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time (b) Not to participate directly or indirectly in the discrimination prohibited by any Federal non-discrimination law or regulation, as set forth in appendix B of 49 Cf'R part 21 and herein (c) To permit access to its books, records, accounts, other sources of infonnation, 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 of Transportation, or USDOT detenmine are appropriate, including but not limited to withholding payments to the vendor under the contract/agreement until the vendor complies; and/or cancelling, tenninating, or suspending a contract or funding agreement, in whole or in part (e) To insert this clause, including paragraphs "8" through "e", in every subcontract and sub-agreement and in every solicitation tor a subcontract or sub-agreement, which receives Federal funds under this contract TIle vendor will comply with provisions ofthe Hatch Act (5 U.S.c. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 500-065-0 I SAFETY 04117 20 49. Certification Regarding Federnl Lobbying. The vendor certifies, to the best of his or her knowledge and belief, that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal !,'Tant, the making of any Federal loan, the entering into of allY cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an ofilcer 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 Fonm to Report Lobbying," ill 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, subgrantq, and contracts under grant, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this tTansaction imposed by section 1352, title 3 J, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not mOTC than $100,000 for each such failure. J3 City of South Miami