Contract with University of North Florida training and Services Institute, Inc. DocuSign Envelope ID:C52E8B46-1B04-4A6D-80A7-9467CD5FCE1A
DocuSign Envelope ID:54DC1022-E2CA-4097-9F31-93E5685371DE Ro 19 30 (�
Letter of Agreement and Contract
In this contract between the City of Miami Beach ("Vendor")and University of North Florida Training and
Services Institute,Inc.,d/b/a Institute of Police Technology and Management("IPTM"),a direct support
organization of the University of North Florida("University"),the Vendor shall perform the services as outlined in the
scope of services (Exhibits A &B). The contract period will begin upon execution and will end on
May 15,2020.
Total contract amount will not exceed 530,000.00
The parties to this contract shall be bound by all applicable state and federal requirements as outlined in Florida
Department of Transportation(FDOT)Project#433 144-1-8404, Contract#G 1 B36. All services must be completed by
May 15,2020.The final invoice must be received by June 1,2020 or payment will be forfeited.
It is expressly understood that the Vendor is an independent contractor,and not an agent of the FDOT or the
University of North Florida. The FDOT and the University's("State Agencies"or individually"State Agency")
respective total liability in negligence or indemnity for acts of its employees or officers shall not exceed the limits of
their waiver of sovereign immunity provided under Section 768.28,Florida Statutes.The FDOT, the University,and
the Vendor shall each be responsible for its own attorney fees in the event of a dispute.
Vendor is a subdivision,as defined in Section 768.28,Florida Statutes,and Vendor agrees to be fully responsible only
to the extent provided by Section 768.28,Florida Statutes, for the negligent or wrongful acts or omission of any
employee of the Vendor while the employee is acting within the course and scope of the employee's employment,and
for any damages proximately caused by said acts or omissions or torts.
Nothing herein shall be construed as consent by a State Agency or political subdivision of the State of Florida to be
sued by third parties in any matter arising out of this contract. No State Agency or subdivision indemnifies any other
party or person beyond the extent permitted under the law,no matter what the circumstances.Nothing herein shall be
construed as a waiver by the FDOT,the University,and the Vendor of any rights or limits to liability existing under
Section 763.28, Florida Statutes.
In accordance with the contract,the Vendor is authorized to perform the tasks detailed in the scope of services
(Exhibits A&B) and is fully responsible for satisfactory completion of all services.Services performed prior to
receiving an executed contract from the University will not be eligible for reimbursement.This contract does not
involve the purchase of Tangible Personal Property,as defined in Chapter 273,Florida Statutes.
This is a cost reimbursable contract. To be eligible for reimbursement,all costs must be allowable pursuant to state
and federal expenditure laws,rules and regulations and must be essential to the successful completion of the tasks
identified in this contract for services.
If a costbenefits more than one project,a determination must be made and documentation provided to support that the
cost is distributed in a reasonable and consistent manner across all benefiting projects
CANCELLATION:This contract may be unilaterally cancelled by FDOT or the University for refusal by the Vendor
to allow public access to all documents,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(l)of Article I of the state constitution and section 119.07(1),Florida Statutes.
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City of Miami Beach
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EXHIBIT "A"
SCOPE OF SERVICES
PEDESTRIAN AND BICYCLE SAFETY
HIGH VISIBILITY EDUCATION AND ENFORCEMENT CAMPAIGN
OBJECTIVE:
The Florida Department of Transportation("FDOT"),through a grant with University of North Florida
("University"),will utilize law enforcement support to reinforce safe pedestrian,bicyclist,and driver
behaviors in priority counties in Florida.The goal of this effort is to reduce traffic crashes resulting in
serious and fatal injuries to pedestrians and bicyclists using high visibility education and enforcement
details.
II. PURPOSE:
In 2017, 3,116 people lost their lives in traffic crashes on Florida's roadways. More than 25%of them
were pedestrians(659)and more than 4%were bicyclists(128).
The Purpose of this funding opportunity is to develop and implement effective community level high
visibility education and enforcement details in areas with the highest representation of traffic crashes
resulting in serious and fatal injuries to pedestrians and bicyclists.
The project Goal is to mitigate crashes by increasing awareness of and compliance with traffic laws that
protect the safety of pedestrians and bicyclists ou Florida's roads.
Pedestrians and bicyclists are more vulnerable that all other road users.Traffic crashes involving
pedestrians and bicyclists arc more likely to result in fatal or serious injuries than any other types of traffic
crashes.
Speed, impairment,and distractions contribute to unsafe conditions for pedestrians and bicyclists and may
be included in enforcement operations where there is data to'support the need for these interventions to
improve the safety of pedestrians and bicyclists.
Pedestrian decoys may only be included in enforcement operations to improve driver yield rates at mid-
block crossing locations to improve the safety of pedestrians and bicyclists.
This campaign is a component of Florida's Bicycle/Pedestrian Focused Initiative and is implemented by
the Institute of Police Technology and Management(IPTM)under the direction of the Florida Department
of Transportation(FDOT),This campaign supports the goals established in Florida's Pedestrian and
Bicycle Strategic Safety Plan. High Visibility Enforcement activities are being implemented to mitigate
crashes by educating pedestrians,bicyclists,and motorists on traffic laws pertaining to pedestrian and
bicycle safety and increasing compliance with those laws.
III. IPT1MI RESPONSIBILITIES:
IPTM will provide the required training/training materials,a copy of Florida's Pedestrian and Bicycle
Strategic Safety Plan,and educational materials to the Vendor for distribution during enforcement
operations upon contract execution.Additional educational materials,bicycle lights,and electronic media
will may be requested by the Vendor but are subject to availability.IPTM reserves the right to review and
audit the Vendor's compliance with the terms of this Letter of Agreement and Contract. IPTM also
reserves the right to reduce the amount of funding allocated under this Letter of Agreement and Contract
when it is determined that the Vendor will be unable to properly utilize the full funding amount as outlined
herein.
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City of Miami Beach
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IV. VENDOR SERVICES AND RESPONSIBILITLES:
Vendor will provide high visibility education and enforcement of all road users, including pedestrians,
bicyclists, and motorists,to change behaviors and improve the safety ofpedestrians and bicyclists.Vendor
will conduct on-street education and enforcement details at pre-approved locations within pre-approved
times and distribute educational materials with each contact. Education is the preferred method of behavior
correction. Warnings and/or citations to pedestrians,bicyclists,and motorists will be guided by the
Vendor's policies and procedures and must comply with Florida law. The Vendor shall submit detail
activity reports that document the education and enforcement outputs for each detail conducted during the
contract period.
To be reimbursable,activities conducted by the Vendor must meet the requirements listed in this Letter of
Agreement and Contract to include the following:
• Operations must begin within 30 days of the contract execution date.Exceptions require the approval
of IPTM.
• Only overtime hours for sworn law enforcement officers arc eligible for reimbursement(non-sworn
civilian personnel arc not eligible).
• Funds may not to be used to supplant the Vendor's enforcement and educational efforts funded by
other local,state,or federal sources. Duplicated efforts are not eligible for reimbursement.
• Vendor will not be reimbursed for education and enforcement details that take place at locations
outside of those pre-approved by the FDOT.
• Vendor will not be reimbursed for education and enforcement details that take place outside of the
times of day pre-approved by the FDOT(each detail location may have different pre-approved times
of day).
• Vendor will not be reimbursed for administrative time,travel time,meal breaks or other hours that are
not for participation in the education and enforcement overtime details or attendance at required
training.
• Each officer is limited to a maximum of six(6) hours of reimbursable overtime in any single day
(defined as 12:00 a.m.to 11:59 p.m.). There is no pay period limit.
• Officer training is mandatory. For their overtime hours to be reimbursable,officers working the
education and enforcement details must first complete the required four-hour training course titled
"Pedestrian and Bicycle Law Enforcement:Laws, Procedures and Best Practices." Beginning
July 1,2019,roll call videos and online quizzes do not qualify.
Note:The four(4)hour classroom-based training is provided free of charge through IPTM.
Information on how to schedule the four(4)hour classroom-based training will be provided to all
applicant agencies.The training delivery will be prioritized based on need. Officers are not required to
be trained before the agency applies for funding.
• Vendor may be reimbursed for a limited number of sworn law enforcement officers to attend the
required four-hour training course titled "Pedestrian and Bicycle Law EnJorcement:Laws, Procedures
and Best Practices," For their overtime hours to be reimbursable, attendance at the training must be
within the contract period and must be on overtime status. Although every sworn law enforcement
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officer may attend the training,overtime reimbursement is limited to those officers who will actually
take part in education and enforcement details.
• Public awareness is a key element of the high visibility enforcement model. The Vendor is required to
distribute a minimum of two(2)media releases during the contract period.The first required media
release announcing that operations arc beginning must be distributed a minimum of seven(7)days in
advance of the first education/enforcement detail.The second required media release must include a
reminder that details are ongoing.This second media release must be distributed approximately
halfway through the contract period. Additional media engagement is strongly encouraged throughout
the contract period. Media releases may include social or digital media but must also be distributed
through local media outlets.Proof of media engagement:must be provided within 30 days of the press
release or news report.
• The Vendor shall distribute the provided safety educational materials during all education and
enforcement details. Materials will be provided to Vendor free of charge for this purpose.
• Vendor may elect to participate in bicycle light distribution to improve nighttime visibility and
compliance with P.S.316.2065(7).A Bicycle Light Distribution Assurance Form or other
documentation provided by IPTM is required for each bicycle light set that is distributed.The required
documentation must be signed by the officer and submitted to IPTM.
• Invoice submissions must document that each officer was on overtime status while working the
education and enforcement details in order to be eligible for reimbursement.
APPROVED PERSONNEL LIST
Prior to commencing the services outlined under this contract,Vendor must submit a signed and dated list
of personnel authorized to participate in overtime details under this agreement.The name and hilly-loaded
hourly overtime rates to be used for each officer must be submitted with the personnel authorization.The
overtime rates may include the costs of hourly overtime plus associated fringe benefits paid upon the
overtime. Only hours from officers listed and within+1-$5.00 of the rates shown on the authorized
personnel list are eligible for reimbursement under this agreement.The authorized personnel list shall be
updated as need to add officers and update overtime pay rates.
INVOICES
Invoices must be submitted at least monthly(every 30 days), beginning within 60 days of the contract
execution date. Invoices must contain the following:
• Invoice to include summary of hours charged and total due. Vendor must use the invoice
template provided by IPTM,
• Timesheets to include total hours worked for each individual officer.Total hours include
hours worked on this contract and all regular hours that the officers worked during the billing
period.The timesheets should clearly indicate that the hours charged to this HVE contract are
overtime hours. All hours must be documented and the documentation submitted with each
invoice.Vendor may use the supplied Personnel Services Timesheet template. Vendor may
also use agency timesheet records as long as all regular work hours and the overtime HVE
detail hours are shown. If the vendor uses its own agency timesheet records, it is requested
that the location of each FIVE detail he written beside the corresponding overtime entry.
• Payroll documentation: Vendor must submit payroll documentation to accompany each
invoice.This payroll documentation should clearly indicate that the detail hours worked under
this contract were on overtime status along with the overtime rates that were paid. As this is a
cost-reimbursable contract,IPTM can only reimburse the Vendor for an amount up to the total
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costs incurred for the overtime worked; therefore,Vendor must include either a pay stub or
payroll ledger documenting payment to each officer for which reimbursement is requested. It
is the responsibility of the Vendor to redact any personally identifiable information such as
Social Security numbers prior to submission.
• Detail Activity Reports: Vendor shall submit detail activity reports in a format and through
an online portal designated by IPTM. The reports will document each detail conducted and
show the officers assigned,date,times,location,contacts made,number of materials
distributed, and the numbers of warnings and citations issued to motorist,pedestrians, and
bicyclists for each statute. Detail Activity Reports shall be consistent with the corresponding
invoices and payroll documentation.
All invoices must include the dates of service(to/from)and the following certification statement:"All
costs are true and valid costs incurred in accordance with the agreement, deliverables were received and
accepted."The certification statement must be signed by an authorized agent of the Vendor, Invoices must
be submitted through the provided online platform. In case the provided online platform is unavailable,
invoice documentation can be sent electronically to ped.bike.safctv(i iptm.ora
PRE-APPROVED LIVE LOCATIONS
Education and enforcement overtime details are only authorized at locations(specific intersections,
corridors,and/or regions)that have been pre-approved by the FDOT. Vendor may not be reimbursed for
efforts conducted at locations that have not been pre-approved or that take place prior to the date of the
approval.
Pre-approved locations will be listed on the FY 2020 Approved FIVE Locations Form supplied by IPTM.
Each pre-approved location will have clearly defined boundaries,times of day in which the overtime
details can be worked,and an approval date.
As the goal of this initiative is to mitigate traffic crashes resulting in serious and fatal injuries to
pedestrians and bicyclists,approval decisions must be driven by data and the most severe high crash
locations for these types of collisions will receive priority approval. Less severe crash locations and other
identified hazardous areas will be approved on a case-by-case basis.
In order to quickly respond to other locations where pedestrian and/or bicyclist serious and fatal injury
crashes are developing or worsening,additional HVE locations can receive pre-approval during the
contract period. In order to obtain pre-approval of additional locations during the contract period,Vendor
can submit a Supplemental FIVE Location Approval Request Form. If approved,the location(s)will be
added to the FY 2020 Approved HVE Locations Form and 1-IVE overtime details will be authorized and
reimbursable after the approval date.
All FIVE education and enforcement overtime detail locations must be approved by the FDOT.
REQUESTS FOR ADDITIONAL FUNDING
The Vendor may request an increase to the total funding amount of this contract during the contract
period. If the funding is available,the increased funding request may be considered if the Vendor has:
• satisfied all of the provision listed within this contract
• submitted timely invoices and detail activity reports
• conducted HVE overtime detail efforts in a manner that supports the stated goal
• expended 70%or more of the current contract funding amount
• pedestrian and bicyclist crash circumstances within the Vendor's jurisdiction support the increased
funding amount
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City of Miami Beach
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Increased funding will be based upon availability and must be approved by the FDOT.
Increased finding will be accomplished through an amendment to this contract which must be signed by
the FDOT, Vendor,and IPTM.
Requests for increased funding must be submitted to IPTM and received by February 28,2020.
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)
luLo:/lwww.lee.state.Ll.us/statuieslindex.clin?App nude=-Display Stalute&URL.=0700-
0799/0760/0760.html
All officers participating in High Visibility Enforcement activities are required to comply with the Law
Enforcement Officer Ethical Standards of Conduct as established by the Florida Department of Law
Enforcement.hues://www.fdle.state.fl.us/Contetrl/C.lSTiMenu/Officer-Recluirennents-Main-Pace/[.E-
Ethical-Standards-of-Conduct.asnx
CORE ACTIVITY PERFORMANCE MEASURES/MINIMUM LEVEL OF SERVICE TO BE
PERFORMED AND CRITERIA FOR EVALUATING SUCCESSFUL COMPLETION.
Each law enforcement agency is encouraged to complete all of the tasks as outlined within this contract.
All agencies are required to complete a minimum of(80%) eighty percent of contracted efforts within the
contract period to be eligible for"agency of the year award"consideration. Each successive fiscal year,
agencies will be prioritized for funding based on percentage of performance expectations that were met.
CONSEQUENCES FOR NON-PERFORMANCE
If the Vendor is unable to properly utilize the lull funding amount as outlined herein,the amountof
funding for subsequent periods may be reduced. In the event that the required services are in dispute,the
• . invoice maybe pro-rated,reduced,or payment withheld until adequate documentation is-provided to
support the completion of such services and the dispute is resolved. If requirements are not met,the
invoice will be
pro-rated and payment will only be made for services that were completed as outlined in this agreement.
Failure to submit invoices,detail activity reports,or other deliverables as outlined in this contract may
result in termination of the agreement.
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City of Miami Beach
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EXHIBIT "B"
EFFORT SUMMARY
PEDESTRIAN AND BICYCLE SAFETY
HIGH VISIBILITY EDUCATION AND ENFORCEMENT CAMPAIGN
QUANTIFIABLE,MEASURABLE,AND VERIFIABLE DELIVERABLES
• Approximately 300 personnel overtime hours will be worked at approved locations and during approved
times during the contract period.
• At Least two(2)media engagements will be conducted during the contract period.
• Detail Activity Reports will be submitted for each education and enforcement detail worked.
• BicycIe Light Distribution Assurance Forms will be provided for each bike light distributed.
• Invoices will be submitted for each month or payroll period in which overtime details were performed.
PERFORMANCE MEASURES
Proof of performance documentation must be submitted. This includes,but is not limited to,the following:
• Detail Activity Reports
• Proof of media engagements
• Proof of overtime hours worked
Total contract amount not to exceed: $30,000.00
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City of Miami Beach
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Letter of Agreement and Contract
University of North Florida Training and Services Institute,Inc.
d/b/a Institute of Police and Management
EDDocuSignedby:
U rt ,64,1 tU, 9/12/2019 7:06 AM EDT
fi —_.._138X9BA26fi141E..
Shari Shuman, President Date
r—DocuSfgned by:
ea, d, P 9/10/2019 1 7:43 AM EDT
'-7D83E87.823AB4ED.. - — --- ------ —
Cameron Pucci, Director Date
VENDOR ACKNOWLEDGEMENT: By signing below,[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 1 am authorized to
sign for the Vendor.
Vendor Name: City of Miami Beach
Address: 1700 Convention Center Drive, Miami Beach FL.,. 33139
.."14
i 7/31,________ .
Vendor's thorized Age' t Signa ore Date
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Ail 0r-o des c1111 ,(16)iri,a e(
Printed Name Title
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.:am:I4ACTUAL SERVIC .S ACJAE-V:10.N-
REV EWED N'ID APPROVED
APPROVED AS TO
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;ATE BICYCLE PED 3 • &FOR EXECUTION
SAFE -.; ;7=r' M MApiltr3V
FDOT APPROVAL • I a fG 2t f f G�
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City of Miami Beach
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Florida DepartMent of Transportation(FDOT) Project N 433144-1-11.104,Contract#CDY79
State and Federal Requirements:
FEDERAL RESOURCES AWARDED PURSUANT TO THIS CONTRACT ARE SUIt.JECT TO THE FOLLOWING AUDiT REQUIREMENTS:
2 CFR Pan 200-Uniform Administrative Requirements,Cost Principles&Audit Requirements for Federal Awards yry_eV_li •+
FEDERAL RESOURCES AWARDED PURSUANT'1•0 Tills cowl-RAC"f MAY ALSO BE SURIECT TO THE:FUI.LOWINC:
Title 23-Highways,United States Code
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Title 49-Transportation,United States Code
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MAP-21-Moving Ahead for Progress in the 21 Century,P.L. 112-141
www.dut.govirnap2(
Federal Highway Administration-Florida Division
wwv�02wa.dot_gnv/Ildiv
Federal Funding Accountability and Transparency Act(HATA)Sub-award Reporting System(FSRS)
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FEDERAL RESOURCES AWARDED PURSUANT TO TillS CONTRACT ARE.Sl1RJECP TO THE FOLLOWING REDIJIREMENTS:
Failure to submit progress reports and invoices as outlined in the Letter of Agreement and Contract may result in tertnination of the agnzmrtit;may render the
vendor ineligible for reimbursement of expense's;and may render the vendor ineligible for future consideration for funding under this program.
if the contract is terminated,the funds may be reallocated to other contracts.
Invoices must be submitted as outlined in the Letter of Agreement and Contract,must meet the timeline established in the attached contract for services,and must
include all required docoutentation as outlined in the contract for services.
All invoices must contain the full 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 stroll 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 shall,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.
If the corrective action plant is unacceptable to the University,the vendor shall be assessed a non-performance retainage equivalent to 10%of the total invoice
amount. The retainage shall be applied to the invoice for the then-current billing period. The retainage shall be withheld until the vendor resolves the deficiency.
If tltc deficiency is subsequently resolved,the vendor may bill the University for the retained amount during the next billing period. If the vendor is unable to
resolve the deficiency,the funds retained will be forfeited at the end of the contract's term.
A Vendor Ombudsman 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 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 assure 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
FDOT State Safety Office Program Manager and must meet all stale and Federal regulations attached or referenced in this contract.
All expenditures and cost accounting of funds shall conform to 2 CFR,Part 200,Uniform Administrative Requirements,Cost Principles,and Audit
Requirements for Federal Awards,herein incorporated by reference,(hereinafter referred to as Applicable Federal Law).
The vendor agrees to comply with all applicable provisions of Chapter 287,Florida Statutes.The following provisions aro stated in rids contract pursuant to
sections 287.133(2Xs)and 287.134(2)(x),Florida Statutes.
(n)Section 287.133(2)(a),F.S.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,proposal,or reply on a contract to provide goods or services to a public entity;may not submit a bid,proposal,or reply on a contract with a public
entity for the construction or repair ofa public building or public work;may not submit bids,proposals,or replies on leases of real property to a public entity;nifty
not be awarded or perform work as a contractor,supplier,subcontractor,or consultant under a contract with any public entity;and may not transact business with
any public entity in excess of the threshold amount provided ins.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.Air entity or affiliate who Inas been placed on the discriminatory vendor list may not submit a bid,proposal,or reply on a contract
to provide any goods or services to a public entity;may not submit a bid,proposal,or reply on a contract with a public entity for the construction or repair of a
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public building or public work;nary nut submit bids,pntpusals,or replies on leases of real property to a public entity;may not he 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.
All invoices for services shall contain the followingceniftcation statement and must be signed by the vendors financial representative:
"All costs are trite and valid costs incurred in accordance with the agreement,deliverables were received and accepted."
The University and FDOT 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 diet govern such changes will be considered for approval.
Requests for amendment shall be in the fora 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 ofamendments to the contract.Any contract amendment executed without prior written
approval of the University and FDOT Slate Safety Office will not be reimbursable under this contract.
The allowability of costs incurred under any contract shall be determined in accordance with the general principles of allowability and standards for selected cost
items set forth in the Applicable State and Federal Law,to be eligible for reimbursement.All funds not spent in accordance with the Applicable State and Federal
Law will be subject to repayment by the vendor,Only costs directly related to the approved scope of services within the attached contract shall be allowable.
The State of Florida's performance and obligation to reimburse the 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 Government-wide
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
41 U.S.C.253(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.If,eller 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 than if the letter is not received in the 60 days,the University may
cancel the contract.The University,or the FDOT State Safely Office Program Manager,where warranted by excusable delay,may extend the implementation date
of the project past the 60-day period.In this case,formal written approval will be provided to the vendor front the University or FDOT State Safety Office Program
Manager.
Funds may not he obligated prior to the effective date or subsequent to die 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 arc 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,notwithsuutding 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 contractor(s)and supplier(s),the
vendor agrees that die University will impose sanctions.Such sanctions include withholding of payment,multiage,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 die University will ba based upon die severity of the violation,the ability to remedy,and die 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 Pau 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 limnerl scope audit of the contract is
petffomtal,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 n public records request concerning its work
undertaken pursuant to this Contract,the vendor must take appropriate action as required by Chapter 119,Florida Statutes.
Tine University shall unilaterally cancel this contract if the vendor r:fbses to allow public access to all documents,papers,letters,or other material subject to the
provisions of Chapter 119,F.S.,and made or rmeived by the vendor in conjunction with this contract..
Records of costs incurred under the terms of this contract shall be maintained and made available upon request to time University t all times during the period()Rids
contract and for five years after final payment is made.Copies of these documents and records shall be furnished to the University upon re qugaL Records of casts
incurred include the vendors general accounting records and the contract reenrdc,together with supporting documents and reconis,of the vendor and all
subcontractors performing work on the contract,and all other records of die vendor and subcontractors considered necessary by the Lhtiversity for a proper audit of
costs.
The administration of resources awarded through the University to the vendor by this Agreement may be subject to audits and/or monitoring by the University.The
following requirements do not limit the authority of the University to conduct or arrange for additional audits or evaluations of contracts issued pursuant to Federal
awards or limit the authority of arty State agency inspector genual,the State ofllorida Auditor General or any other State official.The vendor shall comply with
all audit and audit reporting requirements as specified below.
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City orMiami Beach
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(a)In addition to reviews of audits conducted in accordance with 2 CFR Pact 200,Subpart F-Audit Requirements,monitoring procedures may include but not be
limited to on-site visits by University staff unci/or other procedures including,reviewing any required performance and financial reports,following up,ensuring
corrective action,and issuing management decisions nn weaknesses 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 agree!s 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.
(b)The vendor,a non-Federal entity as defined by 2 CFR Part 200,Subpart F-Audit Requirements,as a sub-recipient of a contract pursuant to a Federal award
awarded by tine University is subject to the following requirements-
(I)in the event the vendur expends a total amount ofcontmeted 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 die vendor to thrthercotnply with the requirements of 2 CFR Part 200,Subpart F-Audit Requirements.In determining
contracted funds pursuant to Federal awards expended in a fiscal year,the vendor roust 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 of 2 CFR Part 200,Subpart F-Audit Requirements,will
meet the requirements of this part.
(2)In connection with the audit requirements,the vendor shall fulfill the requirements relative to the auditce 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 li:ont Federal audit requirements for that fiscal year.however,the vendor must provide a single audit exemption statement to the
Florida Department ofTrnsportntion at FDOTSingle;luclitta;Jotstate.0us nn later than nine months after the end of the sub-recipient's audit period for
each applicable audit year.in tltc event the sub-recipient expends less than the threshold established by 2 CFR Part 200,Subpart F-Audit
Requirements,in Federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Pan 200,Subpart F
Audit Requirements,the cost of the audit must be paid from non-Fexleril resources(f e.,the cost of such an audit must he paid from the vendors
resources obtained from other than Federal entities).
(4)The vendor must electronically submit to the Federal Audit Clearinghouse(FAC)at ItupsJrharvester.ceusus.anvifaewebt the audit reporting package
as required by 2 CFR Part 200,Subpart F-Audit Requirements,within the earlier of 30 calendar days after receipt of the auditor's report(s)or nine
months after the end of the audit period.The MC 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
FDOTSingleAudit@dut.state.11.us within the earlier of 30 calendar days after receipt of Ute auditor's report(s)or nine months after the end of the audit
period as required by 2 CFR Part 200,Subpart F-Audit Requirements,
(5)Within six months of acceptance of the audit report by the MC,the Florida Department ofTransponation 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 Tnrusportatinn determines that noncompliance carrot he 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 of funds tor)all or part of tire cost of tire activity or actiun 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 ageney regulations(or in the ease
of the University or the Florida Department of Transportation,recommend such a proceeding be initiated by one Federal awarding agency);
e. Withhold further contracts pursuant to Federal awards for the Project or program;
f. Take other remedies that may be legally available.
(6)As a condition of receiving this contract,the vendor shall permit the University,or its designee,the CFO or State of Florida Auditor General access
to the vendors records including financial statements,the independent auditor's working papers and contract records as necessary.Records related to
unresolved 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
1`f)OI'Sinutfe.Atudirru`.doi conn tl us
(8)The vendor agrees to comply with Section 20.055(5),Florida Statutes,and to incorporate in all subcontracts the obligation to comply with Section
20.055(5),Florida Statutes.The vendor stall retain sufficient records demonstrating its compliance with the terms of this contract fora period of five
years from the date the audit report is issued and shall allow the University,or its designee,the CFO nr State of Florida Auditor General access to such
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records upon request The vendor shall ensure tial the audit working papers ant made available to the University,or its designee,the CFO,or State of
Florida Auditor General upon request for a period of live 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 tinder 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'arc:
Florida Dcparment of Transportation
Attn:Trends tvlcPhasou,Slate Bicycle Pedestrian Safety Program Manager
State Safety Office,MS 53
605 Suwannee Street
Tallahassee,Florida 32399-0450
Florida Department ofTrartsportatiur
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 front 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(tiSDOT),nr 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,Ni-TSA,FiiWA,and USDOT,from all eluims and liability,or both,due to
negligence,recklessness,or intentional wrongful misconduct of the vendor,its contractor,coasultant,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 develuped 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
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 tents
or provisions of this contract.
Disadvantaged Business Enterprises(DDE)
(a)The vendor and its contractors,consultants,agents,or employees agree to the following assurance:
The vendor,its contractors,consultants,agents,or employers 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 theadministration of its DBE program required by 49 CFR,-Part 26,herein incorpomhxd by reference.The vcndorshall take
all necessary and reasonable steps under 49 CFR,Part 2 to ensure nondiscrimination in the administration of USDOT 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 nut
its approved contractual services,the USDOT may impose sanctions as provided for under Part 26 and may,in appropriate cases,refer the natter For enforcement
under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U.S.C.3301 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 cornply with 49 CFR,Part 20,
New Restrictions on Lobbying,herein incorporated by reference,for filing of ccrtifrcation 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 trader 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 bath direct and indirect(e.g.,"grussrrsta')
lobbying activities,with one exception.This does not precludes 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 o F a specific pending legislative proposal.
Vasty provision of this contract is held invalid,the remainder of this contract shall nut be.affected.In such an instance the remainder would their continue to
conform to the terms and requirements of applicable law.
Outreach items cannot be freely distributed to the public without any action on a vendors part Persons receiving mitec.ch items should interact with due vendor in
some manner related to the goal of the contract to receive them.The results of melt interactive activity must be reported in the monthly performance report.
For contracts in excess of S 100,000 the vendor and its contractors,consultants,agents,or employee*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 S 100,000.
The vendor and its contractors,consultants,agents,or employees agree that the University shall find the vender and its contractors,consultants,agents,or
employees Ineligible for future funding for any of the following reasons:
•
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City of Miami Beach
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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
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,ur activity that receives or benefits from this contract.The vendor and its
contractors,consultants,agents,or employees agree to comply with Executive Order(E.O.)11246,us amended by E.O.11375,and as supplemented by 41 CFR,
Part 60,herein incorporated by reference.
Vendors shall
(a) Utilize the U.S.Department of Hninelund Security's E-Verify system to verify the employment eligibility of all new employees hired by the
Vendor/Contractor during the term of the contract;
(h) Expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S.Department of
Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term.
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 hnpleznenting 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 sort.2.52),(prohibits discrimination on the basis of race,color,national origin)and 49 CFR
part 21
(b)The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,(42 U.S.C.4601),(prohibits unfair treatment of persons displaced or
whose property has been acquired because of Federal or Federal-aid programs and projects)500-065-01 SAFETY 04/17 19
(a)Federal-Aid Highway Act of 1973,(23 U.S.C.324 et set.),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 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 CFR part 27
(c)The Age Discrimination Act of 1975,as amended,(42 U.S.C.6101 ct seq.),(prohibits discrimination on the basis of age)
(f)The Civil Rights Restoration Act of 1987,(Pub.L 100-209),(broadens scope,coverage 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 tcmas"programs or activities"to include all of
the programs or activities of the Federal aid recipients,Subrecipicnt's and contractors,whether such programs or activities are Federally funded or not)
(g)Titles ii and Ill of the Americans with Disabilities Act(42 U.S.C.12131-12189)(prohibits discrimination on the basis ofdisabiliry in the operation of public
entities,public and private transportation systems,places of public accommodation,and certain testing)and 49 CFR parts 37 and 33
(h)Executive Order 12398,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 anti 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 of limited 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:
(u)To comply with all Federal nondiscrimination laws and regulations,as may be amended from time to time
(b)Nut to participate directly or indirectly in the discrimination prohibited by arty Federal nun-discrimination law or regulation,as sea forth in appendix B of49
CFR part 21 and herein
(a)To permit access to its books,records,accounts,other sources of information,anal 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 determine are appropriate,including but not limited to withholding payments to the vendor
under the contract/agreement until the vendor complies;and/or cancelling,terminaling,or suspending a contract or funding ugreernent,in whole or in part
(a)To insert this clause,including paragraphs"a"through"c",in every subcontract and sub-ag eement and in every solicitation for a subcontract or sub-agreement,
• which receives Federal funds under this contract
The vendor will comply with provisions of the Hatch Act(5 U.S.C.1501-1508),which limits the political activities of employees whose principal employment
activities rue funded in whole or in part with Federal funds.500-065-01 SAFETY 04/17 20 49.Certification Regarding Federal Lobbying.The vendor certifies,to
the best of his ocher knowledge and belief,that:
(a)No Federal appropriated liatds 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 uf any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement,and the
extension,continuation,renewal,amendment,or modification of any Federal contract,grant,loan,or cooperative agreement.
(b)If any funds other than Federal appropriated funds have been paid or will he paid to any person for influencing or attempting to influence an officer or employee
of any agency,a Member ofCoagress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,
grant,loan,or cooperative agnxmcnt,the undersigned shall complete and submit Standard Fount-LLL,"Disclosure Foram to Report Lobbying,"in accordance with
its instructions.
(e)The Subrecipient shall require that the language of this certification be included in the award documents for all sub-award at all tiers(inclining subcontracts,
subareas,and contracts under grunt,leans,and cooperative agreements)and that all Subrecipients shall certify and disclose accordingly.This certification is a
material representation of Fact upon which reliance was places when this transactiott was made or entered into.Submission of this certification is a prerequisite for
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CityoFMiami Beach
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making or entering into this transaction imposed by section 1352,title 3 I,U.S.Code.Any person who fails to Els the require('certification shall be subject to.i
civil penalty of not legs than 310.000 and not more than 5100,001)for each such failure.
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City of Miami Beach
DocuSign Envelope ID:C52E8B46-1604-4A6D-80A7-9467CD5FCE1A
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2019-2020 Pedestrian and Bicycle Safety
High Visibility Education and Enforcement Campaign
Site Location Approval Request
Agency Name: Miami Beach PD
HVE Location Number:1
HVE Location Description:Alton Rd from 5th St to 17t St
� t
s
b 7
_ _
Pedestrian/Bicycle crashes occurred most often and HVE details are to be authorized between:
4:30 pm—3 am
Prepared by:
Jessica Harden 8/15/19
Name Date
FOOT Approval
fo15
Name Date approved
V alp o VEDD
DocuSign Envelope ID:C52E8B46-1604-4A6D-80A7-9467CD5FCE1A
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2019-2020 Pedestrian and Bicycle Safety
High Visibility Education and Enforcement Campaign
Site Location Approval Request
Agency Name:Miami Beach PD
HVE Location Number:2
FIVE Location Description:Collins Ave from 63`d to 77'h
Y i..
- r - -
v �
I
Pedestrian/Bicycle crashes occurred most often and HVE details are to be authorized between:
9:30 am—12 am
Prepared by:
Jessica Harden 8/15/19
Name Date
FDOT Approval
,Q.L.l ' 11
Name Date approved
1 aPPIO\llID
DocuSign Envelope ID:C52E8B46-1604-4A6D-80A7-9467CD5FCE1A
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2019-2020 Pedestrian and Bicycle Safety
High Visibility Education and Enforcement Campaign
Site Location Approval Request
Agency Name:Miami Beach PD
HVE Location Number:3
HVE Location Description:Collins Ave from 13th to 18`h
•
Pedestrian/Bicycle crashes occurred most often and HVE details are to be authorized between:
6 am—2:30 am
Prepared by:
Jessica Harden 8/15/19
Name Date
FDOT Approval,
Name Date approved
DocuSign Envelope ID:C52E8B46-1 B04-4A6D-80A7-9467CD5FCE1A
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2019-2020 Pedestrian and Bicycle Safety
High Visibility Education and Enforcement Campaign
Site Location Approval Request
Agency Name:Miami Beach PD
HVE Location Number:4
HVE Location Description:Washington Ave from 5th St to 17th St
•
Pedestrian/Bicycle crashes occurred most often and HVE details are to be authorized between:
3:30 pm—7 pm
Prepared by:
Jessica Harden 8/15/19
Name Date
FDOT Approval
Name Date approved