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Subgrant For Highway Traffic Safety Funds 0E6 01#K®On.4V451 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION(FDOT) SUBGRANT FOR HIGHWAY TRAFFIC SAFETY FUNDS 500-065-01 SAFETY 9/20 Project Number:M1HVE-2021-00010 FDOT Contract Number:G1 U78 Federal Funds Awarded:$60,000 FOOT DUNS Number: 80-939-7102 Subgrant Award(Start)Date:03/02/2021 Subgrant End Date:09/30/2021 Part I: GENERAL ADMINISTRATIVE INFORMATION Project Title:Miami Beach Occupant Protection and Child Passenger Initiative Federal Funding: $60,000 Match: $ Total Cost: $60,000 1. Subrecipient Agency: 2. Implementing Agency: Agency Name: City of Miami Beach Agency Name: Miami Beach Police Department Address Line 1: 1700 Convention Center Drive Address Line 1: 1100 Washington Avenue Address Line 2: Address Line 2: City: Miami Beach City: Miami Beach State: Florida State: Florida Zip: 33139 Zip: 33139 3. Federal ID Number:596000372 4. DUNS Number:020546289 5. Chief Financial Officer: 6. Project Director: Name: John Woodruff Name: Judy Hoanshelt Address Line 1: 1700 Convention Center Drive Address Line 1: 1700 Convention Center Drive Address Line 2: Address Line 2: City: Miami Beach City: Miami Beach State: Florida State: Florida Zip: 33139-1819 Zip: 33139-1819 Telephone No: (305)673-7466 ext. Telephone No: (305)673-7010 ext. E-Mail Address: johnwoodruff@miamibeachfl.gov E-Mail Address: judyhoanshelt@miamibeachfl.gov 7 Financial Reimbursement Contact: 8. Project Activity Contact: Name: Mauvett Rattigar Name: David Price Title: Public Safety Mgmt/Budget Title: Sergeant Analyst Telephone Number: (305)673-7776 ext.23958 Telephone Number: (305)673-7776 ext.25837 E-Mail Address: davidprice@miamibeachfl.gov 9. Payment Remittance Address: Name: City of Miami Beach-Attention: Finance Department Address Line 1: 1700 Convention Center Drive,3rd FL Address Line 2: City: Miami Beach State: Florida Zip: 33139-1819 Amendment Number: SUB-2021-CityofMiam-00010 Page 1 of 32 DocuSign Envelope ID:1E92BA26-D268-485F-A5E9-3245BF55A87A Project Title:Miami Beach Occupant Protection and Child Passenger Initiative 500-065-01 SAFETY Project Number:M1HVE-2021-00010 er20 FDOT Contract Number:G1U78 Part II: PROJECT PLAN AND SUPPORTING DATA State clearly and in detail the aims of the project,precisely what will be done,who will be involved,and what is expected to result. Use the following major headings: 1. Statement of the Problem: Florida Department of Highway Safety and Motor Vehicles(FLHSMV)Traffic Crash Statistics for 2018 indicate that statewide, 3,135 individuals were killed in motor vehicle crashes,690 of these individuals killed were not wearing their safety belts.Research has shown that correctly using an appropriate child restraint or safety belt is the single most effective way to save lives and to reduce injuries in crashes.Combination lap and shoulder belts,when used properly,reduce the risk of fatal injury to front-seat passenger car occupants by 45%.Child safety restraints reduce fatalities by 71%for infants younger than 1-year old and by 54%for toddlers(1 to 4 years old)in passenger cars(National Highway Traffic Safety Administration[NHTSA]). Miami Beach is a coastal resort city in Miami-Dade County,Florida. Situated on natural and man-made barrier islands between the Atlantic Ocean and Biscayne Bay, the city's 15.22 square miles is home to an estimated 88,885 individuals.In addition,Miami Beach is a popular tourist destination. Known for its beaches,nightlife, Art Deco Historic District and the neighborhood of SoUth Beach,the city also boasts numerous parks, museums and cultural events that draw in an estimated 13.3 million visitors each year.The large volume of visitors causes the city to experience a population influx on weekends upwards of 200,000 people and 350,000 to over 500,000 people during high impact events. According to the Florida Department of Transportation (FDOT)fiscal year(FY)2021 Highway Safety Matrix,the City of Miami Beach ranked 30 for occupant protection-related serious injuries and fatalities out of 33 cities with populations of 75,000 and above.However, Miami-Dade County is ranked first for occupant protection-related serious injuries and fatalities out of 25 counties with populations of 200,001. There is a demonstrated need for dedicated education and enforcement programs to increase overall safety belt usage and decrease the number of injuries and fatalities associated with unrestrained or improperly restrained motor vehicle occupants. 2. Proposed Solution: The Miami Beach Police Department(MBPD)will implement a comprehensive occupant protection program consisting of high visibility enforcement,community outreach and education. The department will conduct high-visibility,zero-tolerance occupant protection enforcement operations at locations identified as having a high frequency of traffic crashes that had unrestrained occupants throughout the city.Operations will be conducted 3 to 4 times a month and will utilize up to 6 officers and 1 supervisor per detail. During these operations, officers will not only educate motorists and passengers but will distribute occupant protection-related educational materials. Officers conducting overtime activities will complete an activity report. Miami Beach PD will also participate in the National Click It Or Ticket public awareness and enforcement campaign. Communications will also be a core component of the program to reinforce the occupant protection safety message. MBPD will utilize the departments social media and general media presence to promote occupant protection messaging. 3. Project Objectives: Amendment Number:Original SUB-2021-CityofMiam-00010 Page 2 of 32 DocuSign Envelope ID:1E92BA26-D268-485F-A5E9-3245BF55A87A Project Title:Miami Beach Occupant Protection and Child Passenger Initiative 500-065-01 SAF ETV Project Number:M1 HVE-2021-00010 9/20 FDOT Contract Number:G1U78 a.Strive to decrease occupant protection-related injuries and fatalities in the City of Miami Beach by 3%when compared to the previous three-year average. b.Conduct a minimum of 3 occupant protection high visibility overtime enforcement operations per month. c.Conduct 2 nighttime(between the hours of 9:00 pm and 6:00 am)occupant protection high visibility overtime enforcement operations conducted during the project period. d. Participate in the National Click It Or Ticket campaign through occupant protection overtime enforcement operations and/or educational/community activities. e. Provide occupant protection information and education to the public through the use of social media and/or press releases at least 2 times during the project period. 4. Evaluation: a.Occupant protection-related injuries and fatalities are reduced by 3%citywide,compared to the previous three-year average. b.The number of occupant protection high visibility overtime enforcement operations conducted per month. c.The number of nighttime(between the hours of 9:00 pm and 6:00 am)occupant protection high visibility overtime enforcement operations conducted during the project period. d.The number of occupant protection-related overtime enforcement operations conducted and/or education/community activities conducted/participated in during the National Click It Or Ticket campaign. e.The number of instances that occupant protection information and education is provided to the public through the use of social media and/or press releases during the project period. Amendment Number:Original SUB-2021-CityofMiam-00010 Page 3 of 32 DocuSign Envelope ID:1E92BA26-D268-485F-A5E9-3245BF55A87A Project Title:Miami Beach Occupant Protection and Child Passenger Initiative 500-06541 SAFETY Project Number:M1HVE-2021-00010 9)20 FDOT Contract Number.G1U78 Part III: PROJECT DETAIL BUDGET Each budget category subtotal and individual line item costs listed below cannot be exceeded. The FDOT State Safety Office may approve shifts between budget categories and line items via an amendment. BUDGET CATEGORY FEDERAL MATCH TOTAL INDIRECT FUNDS COST ELIGIBLE A.Personnel Services .. . Overtime Salary and Benefits $60,000 $ $60,000 I No Overtime salary and benefits for officers to include:FICA(Social Security and Medicare)and retirement. Subtotal: $60,000 1 $ $60,000 • B.Contractual Services Subtotal: $ $ 1 - $ C.Expenses- Any purchase with a peritem unit cost of$200 or more from any line item within this Category, ' excluding software,must have FDOT State Safety Office written approval,prior to purchase.. Subtotal: $1 $ $ I D,Equipment Costing$5,000 or More - _ Subtotal: $ $ $ E.Indirect Cost _ Subtotal: $ $ Total Cost of Project: $60,000 $ $60,000 Amendment Number:Original SUB-2021-CityofMiam-00010 Page 4 of 32 DocuSign Envelope ID:1E92BA26-D268-485F-A5E9-3245BF55A87A Project Title:Miami Beach Occupant Protection and Child Passenger Initiative 500.065.01 SAFETY Project Number:M1HVE-2021-00010 9/20 FDOT Contract Number:G1U78 PART IV: PERFORMANCE REPORT Minimum Performance Standards The following are the minimum performance standards required in this subgrant agreement.The status of these standards will be reported using FDOT form number 500-065-19 Performance Report and shall be included with each request for reimbursement. 1.Submit request(s)for financial reimbursement. 2. Provide performance report(s). 3.Provide assistance and support for the Miami Beach Occupant Protection and Child Passenger Initiative. 4. Conduct occupant protection high visibility enforcement operations. National Highway Traffic Safety Administration(NHTSA)Required Activity Reporting The following statistics are required reporting for any traffic safety enforcement grant.(enforcement grants only) 1. Number of seat belt citations issued during subgrant-funded enforcement activities. 2. Number of impaired driving arrests made during subgrant-funded enforcement activities. 3. Number of speeding citations issued during subgrant-funded enforcement activities. ( Amendment Number:Original SUB-2021-CityofMiam-00010 Page 5 of 32 DocuSign Envelope ID:IE92BA26-D268-485F-A5E9-3245BF55A87A Project Title:Miami Beach Occupant Protection and Child Passenger Initiative 500.065-01 SAFETY Project Number:M1HVE-2021-00010 9/20 FDOT Contract Number:01 U78 Part V: Acceptance and Agreement Conditions of Subgrant Agreement. Upon approval of this subgrant agreement for highway safety funds,the following terms and conditions shall become binding.The term"Subrecipient°referred to herein,will reference both the Subrecipient and its Implementing Agency.This agreement is line item specific and an amendment to the subgrant agreement is required for any reallocation of funds provided under this subgrant agreement. FEDERAL REGULATIONS 1. Access to Public Records and Monitoring. The Florida Department of Transportation(FDOT), National Highway Traffic Safety Administration (NHTSA), Federal Highway Administration(FHWA), Chief Financial Officer(CFO),and Auditor General(AG)of the State of Florida,or any of their duly authorized representatives,shall have access for the purpose of audit and examination of books,documents,papers,and records of the Subrecipient and to relevant books and records of the Subrecipient which are not protected from disclosure by State or Federal law, and its consultants and contractors under this subgrant agreement,as provided under applicable State or Federal law. In addition to review of audits conducted in accordance with 2 CFR Part 200, herein incorporated by reference, monitoring procedures will include on-site visits by Department staff, limited scope audits as defined by 2 CFR Part 200, and status checks of subgrant activity via telephone calls from FDOT State Safety Office staff to Subrecipients.By entering into this subgrant agreement,Subrecipients agree to comply and cooperate with monitoring procedures.In the event that a limited scope audit of the Subrecipient is performed,the Subrecipient agrees to bring the project into compliance with this subgrant agreement.The Subrecipient further agrees to comply and cooperate with any inspections,reviews,investigations, or audits deemed necessary by the CFO or AG to the extent allowed by State or Federal law. 2. Audit. The administration of resources awarded through the Department to the Subrecipient by this subgrant agreement may be subject to audits and/or monitoring by the Department.The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or limit the authority of any State agency inspector general, the State of Florida Auditor General or any other State official. With the exception of documents protected by State law,the Subrecipient shall comply with all audit and audit reporting requirements as specified below. (a) In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, monitoring procedures may include but not be limited to on-site visits by Department staff and/or other procedures including reviewing any required performance and financial reports,following up,ensuring corrective action,and issuing management decisions on weaknesses found through audits when those findings pertain to Federal awards provided through the Department by this subgrant agreement. By entering into this subgrant agreement,the Subrecipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department.The Subrecipient further agrees to comply and cooperate with any inspections, reviews, investigations,or audits deemed necessary by the Department,State of Florida Chief Financial Officer(CFO)or State of Florida Auditor General. (b) The Subrecipient, a non-Federal entity as'defined by 2 CFR Part 200,Subpart F-Audit Requirements,as a subrecipient of a Federal award awarded by the Department through this subgrant agreement is subject to the following requirements: i. In the event the Subrecipient expends a total amount of Federal awards equal to or in excess of the threshold established by 2 CFR Part 200,Subpart F-Audit Requirements,the Subrecipient 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. Part VI to this subgrant agreement provides the required Federal award identification information needed by the Subrecipient to further comply with the requirements of 2 CFR Part 200, Subpart F-Audit Requirements.In determining Amendment Number:Original SUB-2021-CityofMiam-00010 Page 6 of 32 DocuSign Envelope ID:1E92BA26-D268-485F-A5E9-3245BF55A87A Project Title:Miami Beach Occupant Protection and Child Passenger Initiative 506065.01 SAFETY Project Number:M1HVE-2021-00010 9/20 FDOT Contract Number:G1 U78 Federal awards expended in a fiscal year,the Subrecipient must consider all sources of Federal awards based on when the activity related to the Federal award occurs,including the Federal award provided through the Department by this subgrant agreement.The determination of amounts of Federal awards expended should be in accordance with the guidelines established by 2 CFR Part 200,Subpart F- Audit Requirements.An audit conducted by the State of Florida Auditor General in accordance with the provisions of 2 CFR Part 200,Subpart F-Audit Requirements,will meet the requirements of this part. ii. In connection with the audit requirements,the Subrecipient shall fulfill the requirements relative to the auditee responsibilities as provided in 2 CFR Part 200,Subpart F-Audit Requirements. iii. In the event the Subrecipient expends less than the threshold established by 2 CFR Part 200,Subpart F-Audit Requirements,in Federal awards,the Subrecipient is exempt from Federal audit requirements for that fiscal year. However,the Subrecipient must provide a single audit exemption statement to the Department at FDOTSingleAudit@dot.state fl.us no later than nine months after the end of the Subrecipient's audit period for each applicable audit year.In the event the Subrecipient expends less • than the threshold established by 2 CFR Part 200,Subpart F-Audit Requirements,in Federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200,Subpart F-Audit Requirements,the cost of the audit must be paid from non-Federal resources (i.e.,the cost of such an audit must be paid from the Subrecipient's resources obtained from other than Federal entities). iv. Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200,Subpart F- Audit Requirements,and required by this section,shall be submitted,when required by 2 CFR §200.512,by or on behalf of the Subrecipient directly to the Federal Audit Clearinghouse (FAC)as provided in 2 CFR§200.36 and§200.512.The FAC's website provides a data entry system and required forms for submitting the single audit reporting package. Updates to the location of the FAC and data entry system may be found at the OMB website. The FAC is the repository of record for audits required by 2 CFR Part 200,Subpart F-Audit Requirements, and this Agreement. However,the Department requires a copy of the audit reporting package also be submitted to FDOTSingleAudit@dotstate.fl.us within the earlier of 30 calendar days after receipt of the auditor's report(s)or nine months after the end of the audit period as required by 2 CFR Part 200,Subpart F-Audit Requirements. v. Within six months of acceptance of the audit report by the FAC,the Department will review the Subrecipient's audit reporting package,including corrective action plans and management letters,to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the Federal award provided through the Department by this subgrant agreement. If the Subrecipient fails to have an audit conducted in accordance with 2 CFR Part 200,Subpart F-Audit Requirements,the Department may impose additional conditions to remedy noncompliance.If the Department determines that noncompliance cannot be remedied by imposing additional conditions,the Department may take appropriate actions to enforce compliance,which actions may include but not be limited to the following: 1. Temporarily withhold cash payments pending correction of the deficiency by the Subrecipient or more severe enforcement action by the Department 2. Disallow(deny both use of funds and any applicable matching credit for)all or part of the cost of the activity or action not in compliance 3. Wholly or partly suspend or terminate the Federal award 4. Initiate suspension or debarment proceedings as authorized under 2 CFR Part 180 and Federal awarding agency regulations(or in the case of the Department,recommend such a proceeding be initiated by the Federal awarding agency) Amendment Number:Original SUB-2021-CityofMiam-00010 Page 7 of 32 DocuSign Envelope ID:1 E92BA26-D268-485F-A5E9-3245BF55A87A Project Title:Miami Beach Occupant Protection and Child Passenger Initiative 506065-01 SAFETY Project Number:M1HVE-2021-00010 er20 FDOT Contract Number:G1U78 5. Withhold further Federal awards for the Project or program 6. Take other remedies that may be legally available vi. As a condition of receiving this Federal award,the Subrecipient shall permit the Department,or its designee,the CFO or State of Florida Auditor General access to the Subrecipient's records including financial statements,the independent auditor's working papers and project records as necessary. Records related to unresolved audit findings,appeals or litigation shall be retained until the action is complete or the dispute is resolved. vii. Copies of financial reporting packages required by this section shall be submitted by or on behalf of the Subrecipient directly to each of the following: Office of Comptroller,MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 F DOTSingleAudit(@dot.state.fl.us The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 The Auditor General's website(https://flauditor.gov/)provides instructions for filing an electronic copy of a financial reporting package. viii. Any reports or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with 2 CFR§200.512,section 215.97, Florida Statutes,and Chapters 10.550(local government entities)and 10.650(nonprofit and for-profit organizations),Rules of the Auditor General,as applicable. ix. The Subrecipient,when submitted financial reporting packages to the Department for audits done in accordance with 2 CFR Part 200,Subpart F-Audit Requirements,or Chapters 10.550(local government entities)and 10.650(nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Subrecipient in correspondence accompanying the reporting package. (c) The Subrecipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five years from the date the audit report is issued and shall allow the Department, or its designee, the CFO or State of Florida Auditor General access to such records upon request.The • Subrecipient shall ensure that the audit working papers are made available to the Department,or its designee, the CFO, or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued unless extended in writing by the Department. The Subrecipient shall further permit access to all Project records by the Secretary and Inspector General of the United States Department of Transportation and the Comptroller General of the United States,or their designees. (d) The Subrecipient shall permit,and shall require its contractors to permit,the Department's and NHTSA's authorized representatives to access the Project site;inspect all work,materials,payrolls,and records;and to audit the books,records and accounts pertaining to the financing and development of the Project. Amendment Number:Original SUB-2021-CityofMiam-00010 Page 8 of 32 DocuSign Envelope ID:1 E92BA26-D268-485F-A5E9-3245BF55A87A Project Title:Miami Beach Occupant Protection and Child Passenger Initiative 500.065.01 SAFETY Project Number:M1HVE-2021-00010 0/20 FDOT Contract Number:G1U78 3. Offsets.If,after subgrant completion,any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement,the Department may offset the amount claimed from payments due for work or services under any other agreement it has with the Subrecipient if, upon demand,payment of the claimed amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. 4. Buy America Act. The Subrecipient agrees to comply and require consultants and contractors to comply with all applicable standards,orders, and regulations issued pursuant to the Buy America Act, Buy America Act Waiver(Docket No. NHTSA-2015-0065)and NHTSA Guidance Buy American Act Procedure for Highway Safety Grant Programs (revised 11-20-2015)herein incorporated by reference. The Subrecipient shall include the following Buy America provisions in all subcontract awards: The Buy America Act prohibits the use of Federal highway safety grant funds to purchase any manufactured product or software/information technology systems whose unit purchase price is$5,000 or more,including motor vehicles,that is not produced in the United States. NHTSA may waive those requirements if(1)their application would be inconsistent with the public interest; (2)such materials and products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality;or(3)the inclusion of domestic material will increase the cost of the overall project contract by more than 25 percent. Each manufactured end product must comply with the provisions of the Buy America Act.Additionally,any manufactured add-on to an end product is, itself, an end product that must comply with the Act. To be reimbursed with Federal highway safety grant funds for a purchase,a State must comply with the requirements of the Buy America Act. Non-compliance will result in denial of reimbursement. 5. Clean Air Act and Federal Water Pollution Control Act. Subgrant agreements for amounts in excess of $150,000 must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.C.7401-7671q)and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).The Subrecipient shall include this provision in all subcontract awards in excess of$150,000. 6. Code of Conduct.The Subrecipient has established,and will maintain,a written code or standard of conduct applicable to its officers,employees, board members or agents, and those individuals'relatives,that prohibits their involvement in the selection,award,or administration of any contract in connection with the Project if they have a present or potential financial or other significant interest therein and prohibits the acceptance of any gratuity,favor,or other thing of monetary value from any person interested or involved in the performance of work on the Project. 7. Conferences and Inspection of Work. Conferences may be held at the request of any party to this subgrant agreement. Representatives of the Department or the U.S. Department of Transportation(USDOT),or both,shall be privileged to visit the site for the purpose of inspection and assessment of work being performed at any time. 8. Contract Work Hours and Safety Standards Act. Where applicable,all subcontracts under this subgrant agreement in excess of$100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C.3702 and 3704,as supplemented by Department of Labor regulations(29 CFR Part 5). Under 40 U.S.C.3702 of the Act,each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week.The requirements of 40 U.S.C.3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary,hazardous,or dangerous.These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market,or contracts for transportation or transmission of intelligence. 9. Debarment and Suspension. No subcontract issued under this subgrant agreement,will be made to parties listed on the governmentwide Excluded Parties List System in the System for Award Management (SAM), in Amendment Number:Original SUB-2021-CityofMiam-00010 Page 9 of 32 DocuSign Envelope ID:IE92BA26-D268-485F-A5E9-3245BF55A87A Project Title:Miami Beach Occupant Protection and Child Passenger Initiative 500-055-01 SAFETY Project Number:M1HVE-202100010 9/20 FDOT Contract Number:G1U78 accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549(3 CFR Part 1986 Comp.,p. 189)and 12689(3 CFR Part 1989 Comp.,p.235),"Debarment and Suspension."The Excluded Parties List System in SAM contains the names of parties debarred,suspended,or otherwise excluded by agencies,as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 10. Disadvantaged Business Enterprises(DBE). (a) The Subrecipient agrees to the following assurance: The Subrecipient shall not discriminate on the basis of race,color,national origin, or sex in the award and performance of any USDOT-assisted contract or in the administration of its DBE program required by 49 CFR, Part 26,herein incorporated by reference.The Subrecipient shall take all necessary and reasonable steps under 49 CFR, Part 26 to ensure nondiscrimination in the award and administration of USDOT-assisted contracts. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this subgrant agreement.Upon notification to the Subrecipient of its failure to carry out its approved program,the USDOT may impose sanctions as provided for under Part 26 and may, in appropriate cases,refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U.S.C.3801 et seq.),herein incorporated by reference. (b) The Subrecipient agrees to include the following assurance in each contract with a consultant or contractor and to require the consultant or contractor to include this assurance in all subcontract agreements: The consultant or contractor and subconsultant or subcontractor shall not discriminate on the basis of race, color, national origin,or sex in the performance of this contract.The consultant or contractor shall carry out applicable requirements of 49 CFR,Part 26 in the award and administration of USDOT-assisted contracts. Failure by the consultant or contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy,as the Subrecipient or the Department deems appropriate. 11. Equal Employment Opportunity. No person shall,on the grounds of race,color,religion,sex,handicap,or national origin,be excluded from participation in,be refused the benefits of,or be otherwise subjected to discrimination under this Agreement,or any project,program, or activity that receives or benefits from this Agreement.The Subrecipient agrees to comply with Executive Order(E.O.) 11246,as amended by E.O. 11375,and as supplemented by 41 CFR,Part 60, herein incorporated by reference.The Equal Opportunity Clause contained in 41 CFR section 60-1.4 is included in this Agreement by reference. In connection with the carrying out of the Project,the Subrecipient shall not discriminate against any employee or applicant for employment because of race,age,creed,color,sex or national origin and will comply with all Federal statutes and implementing regulations relating to nondiscrimination. The Subrecipient will take affirmative action to ensure that applicants are employed,and that employees are treated during employment,without regard to their race, age,creed,color,sex,or national origin.Such action shall include,but not be limited to,the following: Employment upgrading,demotion,or transfer; recruitment or recruitment advertising; layoff or termination;rates of pay or other forms of compensation;and selection for training,including apprenticeship.The Subrecipient shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the Project,except contracts for standard commercial supplies or raw materials,and shall require all such contractors to insert a similar provision in all subcontracts,except subcontracts for standard commercial supplies or raw materials.When the Project involves installation,construction,demolition,removal,site improvement,or similar work, the Subrecipient shall post, in conspicuous places available to employees and applicants for employment for Project work, notices 12. No Federal Obligation.This agreement is financed by federal funds. However, payments to the subrecipient will be made by the Department. The United States is not a party to this Agreement and no reference in this Agreement,to the United States, USDOT, NHTSA,or any representatives of the federal government makes the United States a party Amendment Number:Original SUB-2021-CityofMiam-00010 Page 10 of 32 DocuSign Envelope ID:1E92BA26-D268-485F-A5E9-3245BF55A87A Project Title:Miami Beach Occupant Protection and Child Passenger Initiative 500-065-01 SAFETY Project Number:M1HVE-2021-00010 9/20 FDOT Contract Number:G1U78 to this Agreement. 13. Nondiscrimination. Subrecipients 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 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) (c) 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 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 (e) The Age Discrimination Act of 1975,as amended,(42 U.S.C.6101 et 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 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 are Federally-funded or not) (g) Titles II and III of the Americans with Disabilities Act(42 U.S.C. 12131-12189)(prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems,places of public accommodation,and certain testing)and 49 CFR parts 37 and 38 (h) Executive Order 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) (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) (j) Nondiscrimination Clause. 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 CFR part 21 and herein (c) To permit access to its books, records,accounts,other sources of information,and its facilities as required by the FDOT State Safety Office, USDOT or NHTSA Amendment Number:Original SUB-2021-CityofMiam-00010 Page 11 of 32 DocuSign Envelope ID:IE92BA26-D268-485F-A5E9-3245BF55A87A Project Title:Miami Beach Occupant Protection and Child Passenger Initiative 600-065-01 Project Number:M1 H VE-2021-00010 FETY 9/20 FDOT Contract Number:G1U78 (d) That, in event a Subrecipient fails to comply with any nondiscrimination provisions in this subgrant,the FDOT State Safety Office will have the right to impose such subgrant sanctions as it or NHTSA determine are appropriate,including but not limited to withholding payments to the Subrecipient under the contract/agreement until the Subrecipient complies;and/or cancelling,terminating,or suspending a contract or funding agreement,in whole or in part. (e) To insert this clause, including paragraphs(a)through(e), in every subcontract and sub-agreement and in every solicitation for a subcontract or sub-agreement,which receives Federal funds under this program 14. Ownership of Data and Creative Material. The ownership of material,discoveries,inventions and results developed, produced,or discovered by this subgrant agreement are governed by the terms of 2 CFR,Section 200.315, Intangible Property,herein incorporated by reference. 15. Political Activity. The Subrecipient 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 are funded in whole or in part with Federal funds. 16. Property Accountability. The Subrecipient shall establish and administer a system to control,protect,preserve, use,and maintain and dispose of any property furnished by the Department,or purchased pursuant to this subgrant agreement in accordance with Federal Property Management Standards as set forth in 49 CFR, Section 18.32,49 CFR 19,Section 19.34,or 2 CFR,200.33,herein incorporated by reference.This obligation continues as long as the property is retained by the Subrecipient notwithstanding the ending of this subgrant agreement. 17. Restrictions on Lobbying. The Subrecipient agrees to comply and require consultants and contractors to comply with 49 CFR, Part 20,New Restrictions on Lobbying, herein incorporated by reference,for filing of certification and disclosure forms. (a) Certification Regarding Federal Lobbying. The Subrecipient certifies,to the best of his or her knowledge and belief,that: i. 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 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. ii.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 officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions. iii. The Subrecipient shall require that the language of this certification be included in the award documents for all sub-award at all tiers(including subcontracts,subgrants,and contracts under grant,loans,and cooperative agreements)and that all Subrecipients shall certify and disclose accordingly. iv. 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 transaction imposed by section 1352,title 31, 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 more than $100,000 for each such failure. Amendment Number:Original SUB-2021-CityofMiam-00010 Page 12 of 32 DocuSign Envelope ID:1E92BA26-0268-485F-A5E9-3245BF55A87A Project Title:Miami Beach Occupant Protection and Child Passenger Initiative 500-065-01 SAFETY Project Number:M1HVE-2021-08010 9120 FDOT Contract Number:GI U78 (b) Restriction on State Lobbying. None of the funds under this program 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. (c) Restriction of Use for Federal Civilian and Military Employees.Subgrant funding is not allowable for the cost of training federal civilian and military employees.Indian Nations may be supported with written approval from the FDOT Traffic Safety Administrator and NHTSA. 18. Termination and Suspension. (a) Generally.If:(i)the Subrecipient abandons or, before the end of the state fiscal year for which financial assistance for the Project is provided under this Agreement,finally discontinues the Project;(ii)the Subrecipient fails to comply with applicable law or the terms of this Agreement;or(iii)for any other reason,the commencement,prosecution,or timely completion of the Project by the Subrecipient is rendered improbable, infeasible,impossible,or illegal,the Department may,by written notice to the Subrecipient,suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected,or the Department may terminate any or all of its obligations under this Agreement. Termination of this Agreement shall be governed by the provisions of 2 CFR Part 200. (b) Actions Upon Termination or Suspension.Upon receipt of any final termination or suspension notice from the Department,the Subrecipient shall proceed promptly to carry out the actions required in such notice,which may include any or all of the following:(1)necessary action to terminate or suspend,as the case may be, Project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed;(2)furnish a statement of the Project activities and contracts,and other undertakings the cost of which are otherwise includable as Project costs; and,(3)remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement.The termination or suspension shall be carried out in conformity with the latest schedule,plan,and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Subrecipient to furnish the schedule,plan,and budget within a reasonable time.The approval of a remittance by the Subrecipient shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 19. Human Trafficking.The Subrecipient shall include a provision in each contract it enters into with a private entity in connection with the Project by which the Subrecipient's contractor agrees that it and its employees that perform any work on the Project shall not,during the term of this Agreement,engage in trafficking in persons,procure a commercial sex act,or use forced labor in the performance of work on the Project. 20. Unauthorized Aliens.The Department shall consider the employment by the Subrecipient of unauthorized aliens a violation of Section 274A of the Immigration and Nationality Act. If the Subrecipient knowingly employs unauthorized aliens,such violation will be cause for unilateral cancellation of this Agreement. 21. Title VII-Civil Rights Act of 1964.Execution of this Agreement constitutes a certification that the Subrecipient will comply with all the requirements imposed by Title VII of the Civil Rights Act of 1964(42 U.S.C. 1981,et seq.),which among other things,prohibits discrimination in employment on the basis of race,color, national origin,creed,sex,and age. 22. Americans with Disabilities Act of 1990(ADA).Execution of this Agreement constitutes a certification that the Subrecipient will comply with all the requirements imposed by the ADA(42 U.S.C. 12101,et seq.),the regulations of the federal government issued thereunder,and the assurance by the Subrecipient pursuant thereto. Amendment Number:Original SUB-2021-CityofMiam-00010 Page 13 of 32 DocuSign Envelope ID:1E92BA26-D268-485F-A5E9-3245BF55A87A Project Title:Miami Beach Occupant Protection and Child Passenger Initiative 500-065-01 Project Number:MIHVE-2021.0SAFETY 0010 5 Ze FOOT Contract Number:01U78 23. Integrity Certification.By signing this Subgrant Agreement,the Subrecipient certifies that neither it nor its contractors are presently debarred, suspended,proposed for debarment,declared ineligible,or voluntarily excluded from participating in this Agreement by any federal department or agency. This certification is a material representation of fact upon which the Department is relying in entering this Agreement. If it is later determined that the Subrecipient knowingly rendered an erroneous certification,in addition to other remedies available to the federal government,the department or agency with which this transaction originated may pursue available remedies,including suspension and/or debarment.The Subrecipient shall provide to the Department immediate written notice if at any time the Subrecipient learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 24. Federal Encouragements. (a) Vehicle Pursuits.Pursuant to 23 U.S.C.402(j), all law enforcement agencies are encouraged to follow the guidelines stablished for vehicular pursuits issued by the International Association of Chiefs of Police that are currently in effect. (b) Policy on Seat Belt Use. In accordance with Executive Order 13043,Increasing Seat Belt Use in the United States,subrecipients are encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned,rented,or personally-owned vehicles. (c) Policy on Banning Text Messaging While Driving. In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving,and DOT Order 3902.10,Text Messaging While Driving, subrecipients are encouraged to: i. Adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company-owned or rented vehicles, Government-owned, leased or rented vehicles,or privately-owned vehicles when on official business or when performing any work on behalf of the subrecipient agency and/or the Government. ii. Conduct workplace safety initiatives in a manner commensurate with the size of the business,such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving,and education,awareness,and other outreach to employees about the safety risks associated with texting and driving. iii. Insert the substance of this section,including this sentence,in all sub-agreement/subcontracts funded with the subaward provided under this Agreement that are $15,000 or more. 25. Reversion of Unexpended Subgrant Funds. All funds granted by the Department under this Agreement that have not been expended during the term of this Agreement shall revert to the Department. STATE REGULATIONS • 26. Compliance with State Procurement of Personal Property and Services Laws. The Subrecipient agrees to comply with all applicable provisions of Chapter 287, Florida Statutes(F.S.).The following provisions are stated in this subgrant agreement pursuant to sections 287.133(2)(a)and 287.134(2)(a), F.S. (a) 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 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 in excess of the threshold amount provided in section 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. Amendment Number:Original SUB-2021-CityofMiam-00010 Page 14 of 32 DocuSign Envelope ID:IE92BA26-D268-485F-A5E9-3245BF55A87A Project Title:Miami Beach Occupant Protection and Child Passenger Initiative 500-065-01 Project Number:M1 HVE-2021-00010 SAFETY FDOT Contract Number:G1 U78 (b) Section 287.134(2)(a),F.S. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal,or reply on a contract to provide any goods or services to a public entity;may not submit a bid,proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit bids,proposals,or replies on leases of real property to a public entity;may not be awarded or perform work as a contractor,supplier,subcontractor,or consultant under a contract with any public entity;and may not transact business with any public entity. (c) The convicted vendor list and discriminatory vendor list can be found on the Florida Department of Management Services(DMS)website. 27. Compliance with State Public Records Laws. The Subrecipient agrees to comply with all provisions provided in Chapter 119 F.S.If the Subrecipient receives a public records request concerning its work undertaken pursuant to this Department subgrant agreement,the Subrecipient must take appropriate action as required by Chapter 119, F.S.If the Subrecipient is unable to ascertain how best to comply with its obligations, it should seek the advice of counsel and/or FDOT State Safety Office. The Department shall unilaterally cancel this subgrant agreement if the Subrecipient 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 Subrecipient in conjunction with this subgrant agreement. 28.Cooperation with Inspector General. It is the duty of every Subrecipient to cooperate with the inspector general in any investigation,audit,inspection, review,or hearing pursuant to this subgrant agreement.Section 20.055(5),F.S. The Subrecipient agrees to comply with Section 20.055(5), F.S.,and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), F.S. 29. E-Verify. Subrecipients: (a) Shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract;and (b) Shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 30. Indemnification and Insurance. (a) Indemnification.To the extent permitted by law and as limited by and pursuant to the provisions of Section 768.28, Florida Statutes,the Subrecipient shall indemnify and hold harmless the Department, including the Department's officers and employees,from liabilities,damages,losses,and costs,including,but not limited to, reasonable attorney's fees,to the extent caused by the negligence,recklessness,or intentional wrongful misconduct of the Subrecipient and persons employed or utilized by the Subrecipient in the performance of this Agreement.This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Subrecipient's sovereign immunity. (b) Subrecipient Contracts.Subrecipient agrees to include the following indemnification clause in all contracts with contractors,subcontractors,consultants,or subconsultants who perform work in connection with this Agreement(modified to appropriately identify the parties): "To the fullest extent permitted by law,the Subrecipient's contractor/consultant shall indemnify and hold harmless the Subrecipient and the State of Florida, Department of Transportation,including the Department's officers and employees,from liabilities,damages, losses and costs,including,but not limited to, reasonable attorney's fees,to the extent caused by the negligence,recklessness or intentional wrongful misconduct of the Amendment Number:Original SUB-2021-CityofMiam-00010 Page 15 of 32 DocuSign Envelope ID:1 E92BA26-D268-485F-A5E9-3245BF55A87A Project Title:Miami Beach Occupant Protection and Child Passenger Initiative 500-065.01 Project Number:M1HVE-2021-00010 SAF9 0 FDOT Contract Number:G1U78 contractor/consultant and persons employed or utilized by the contractor/consultant in the performance of this Agreement. This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Subrecipient's sovereign immunity." (c) Workers'Compensation.The Subrecipient shall provide Workers'Compensation Insurance in accordance with Florida's Workers'Compensation law for all employees.If contracting for any of the work,the Subrecipient shall ensure that its contractors have Workers'Compensation Insurance for their employees in accordance with Florida's Workers'Compensation law.If using"leased employees'or employees obtained through professional employer organizations("PEO's"),the Subrecipient shall ensure that such employees are covered by Workers' Compensation insurance through the PEO's or other leasing entities.Ensure that any equipment rental agreements that include operators or other personnel who are employees of independent contractors,sole proprietorships or partners are covered by insurance required under Florida's Workers'Compensation law. 31. Reimbursement Obligation. The State of Florida's performance and obligation to reimburse the Subrecipient shall be subject to the availability of Federal highway safety funds and an annual appropriation by the Legislature. 32. Responsibility for Claims and Liability. Subject to the limitations of Section 768.28,F.S.,the Subrecipient shall be required to defend,hold harmless and indemnify the Department, NHTSA, FHWA,and USDOT,from all claims and liability,or both,due to negligence,recklessness,or intentional wrongful misconduct of Subrecipient,and its contractor, consultant,agents and employees.The Subrecipient shall be liable for any loss of,or damage to,any material purchased or developed under this subgrant agreement which is caused by the Subrecipient's failure to exercise such care in regard to said material as a reasonable careful owner of similar materials would exercise. The parties executing this subgrant agreement specifically agree that no provision in this subgrant agreement is intended to create in the public or any member thereof,a third-party beneficiary,or to authorize anyone not a party to this subgrant agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this subgrant agreement. 33. Restrictions on Lobbying. No funds subgranted hereunder shall be used for the purpose of lobbying the legislature,judicial branch,or state agencies,per Section 216.347,F.S. 34. Retention of Records. The Subrecipient shall retain sufficient records demonstrating its compliance with the terms of this subgrant agreement for a period of five years from the date the audit report is issued,and shall allow the Department,or its designee,the state CFO, or AG access to such records,which are not protected by State law,upon request.The Subrecipient shall ensure that the independent audit working papers are made available to the Department, or its designee,the state CFO, or AG upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. 35. Tangible Property. Property purchased under this subcontract does not qualify as Tangible Personal Property as defined by Chapter 273, F.S. Amendment Number:Original SUB-2021-CityofMiam-00010 Page 16 of 32 DocuSign Envelope ID:1E92BA26-D268-485F-A5E9-3245BF55A87A Project Trtle:Miami Beach Occupant Protection and Child Passenger Initiative S00-065-0 Project Number:M1HVE-2021-00010 SAFETY 9/2D FDOT Contract Number:G1 U78 MISCELLANEOUS PROVISIONS 36.Prohibited Interests.The Subrecipient shall not enter into a contract or arrangement in connection with the Project or any property included or planned to be included in the Project, with any officer,director or employee of the Subrecipient, or any business entity of which the officer,director or employee or the officer's,director's or employee's spouse or child is an officer,partner,director, or proprietor or in which such officer,director or employee or the officer's,director's or employee's spouse or child,or any combination of them,has a material interest. i. "Material Interest"means direct or indirect ownership of more than 5%of the total assets or capital stock of any business entity. ii. The Subrecipient shall not enter into any contract or arrangement in connection with the Project or any property included or planned to be included in the Project,with any person or entity who was represented before the Subrecipient by any person who at any time during the immediately preceding two(2)years was an officer,director or employee of the Subrecipient. iii. The provisions of this subsection shall not be applicable to any agreement between the Subrecipient and its fiscal depositories,any agreement for utility services the rates for which are fixed or controlled by the government,or any agreement between the Subrecipient and an agency of state government. 37. Interest of Members of,or Delegates to,Congress or Legislature.No member or delegate to the Congress of the United States,or the State of Florida legislature, shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 38. Department Not Obligated to Third Parties.The Department shall not be obligated or liable under this Agreement to any party other than the Subrecipient. It is specifically agreed between the Parties executing this Agreement that it is not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof,a third party beneficiary under this Agreement,or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. 39. Relationship of Parties.The Subrecipient,its employees,contractors,subcontractors,consultants,and subconsultants are not agents of the Department as a result of this Agreement. 40. When Rights and Remedies Not Waived.In no event shall the making by the Department of any payment to the Subrecipient constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist,on the part of the Subrecipient,and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 41. Governing Law.This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 42. Sovereign Immunity.Nothing in this Agreement shall constitute a waiver by either party of its sovereign immunity for any damages claimed by third parties. 43. Bonus or Commission. By execution of the Agreement the Subrecipient represents that it has not paid and,also, agrees not to pay,any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. Amendment Number:Original SUB-2021-CityofMiam-00010 Page 17 of 32 DocuSign Envelope ID:1E92BA26-D268-485F-A5E9-3245BF55A87A Project Title:Miami Beach Occupant Protection and Child Passenger Initiative 500.055-01 Project Number:M1HVE-2021-00010 SAFETY9 /20 FDOT Contract Number:G1U78 44. Notices.Any notice,demand,or request which is required to be given under this Agreement in writing shall be delivered to the following address: Florida Department of Transportation Attn:Traffic Safety Administrator State Safety Office,MS 53 605 Suwannee Street Tallahassee,Florida 32399-0450 45. Agreement Format.All words used in this Agreement in the singular form shall extend to and include the plural All words used in the plural form shall extend to and include the singular.All words used in any gender shall extend to and include all genders. 46. JURY TRIAL WAIVER.The Subrecipient and the Department hereby irrevocably and unconditionally waive trial by jury in any legal action or proceeding relating to this agreement and for any counterclaim therein. 47. Execution of Agreement.This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original,and such counterparts together shall constitute one in the same instrument. 48. Agreement not Assignable.The Subrecipient may not assign any of its rights or obligations under this Agreement. GRANT MANAGEMENT 49. Amendments. The Subrecipient shall obtain prior written approval from the FDOT State Safety Office for changes to this subgrant agreement.Amendments to this subgrant agreement will be approved if the modification(s)to be made will achieve or improve upon the outcome of this subgrant agreement's scope of work,or where factors beyond the control of the Subrecipient require the change. Requested amendments to this subgrant agreement shall be in the form of a written request signed by the one of the original signatories of this subgrant agreement.Specific delegation(s)for amendments must be provided in writing from the original signatory of the Subrecipient. 50. Disputes and Appeals. Any dispute,disagreement,or question of fact arising under this subgrant agreement may be addressed to the Traffic Safety Administrator of the FDOT State Safety Office in writing.The Traffic Safety Administrator's decision may be appealed in writing within 30 calendar days from the notification to the Governor's Highway Safety Representative,whose decision is final.Addresses are: Florida Department of Transportation Florida Department of Transportation Attn:Traffic Safety Administrator Attn:Governor's Highway Safety Representative State Safety Office,MS 53 State Safety Office,MS 53 605 Suwannee Street 605 Suwannee Street Tallahassee,Florida 32399-0450 Tallahassee, Florida 32399-0450 The Subrecipient shall proceed diligently with the performance of this subgrant agreement and in accordance with Department's decision(s). 51. Equipment. Any equipment purchased under this subgrant agreement with highway safety funds shall not replace previously purchased equipment that is damaged,stolen,lost,or that wears out as a result of misuse,whether the equipment was purchased with federal,state,or local funds. (a) Use of Equipment. All equipment shall be used for the originally authorized subgrant agreement purpose(s)for as long as needed for those purposes.Subrecipients must maintain an inventory control system that has Amendment Number:Original SUB-2021-CityofMiam-00010 Page 18 of 32 DocuSign Envelope ID:1E92BA26-D268-485F-A5E9-3245BF55A87A Project Title:Miami Beach Occupant Protection and Child Passenger Initiative 500.065.01 Project Number:M1HVE-2021-00010 SAFETY9/20 FOOT Contract Number:G1U78 adequate safeguards in place to prevent loss,damage,or theft. (b) Equipment Costing$5,000 or more. Equipment with a useful life of more than one year and an acquisition cost of$5,000 or more per unit shall be subject to the following requirements: i. Purchases shall receive prior written approval from the FDOT Safety Office. ii. Biannual certification of appropriate use and condition of equipment shall be provided to the FDOT Safety Office. iii. Dispositions must be requested and shall receive prior written approval from the FDOT Safety Office (c) Disposition of Equipment Costing$5,000 or more.In the event the equipment is no longer needed for the originally authorized subgrant agreement purpose(s)or has reached the end of its useful life,Subrecipients should use the Equipment Disposition Request Form 500-065-026 to coordinate with the FDOT State Safety Office to obtain required approvals to dispose of the equipment of or transfer the equipment to another agency for use. (d) Disposition of Equipment Costing Less than$5,000. Equipment that does not meet the unit purchase price threshold of$5,000 should be disposed of in accordance with the agencies own procurement and disposition policies. Documentation of this disposition should be noted in the Subrecipient files. (e) Equipment Replacement or Repair. The Subrecipient is responsible,at their own cost,for replacing or repairing any equipment purchased with Federal highway safety funds that is damaged,stolen,or lost,or that wears out as a result of misuse.The FDOT State Safety Office retains the right to replace or repair any equipment for statewide programs based on exceptional individual circumstances. (f) Equipment Repossession. Ownership of all equipment purchased with Federal highway safety funds rests with the Subrecipient;however,the USDOT maintains an interest in the equipment and title vests in the Subrecipient subject to several conditions and obligations under 2 CFR Section 200.313.The Subrecipient must use the equipment for the authorized purposes of the project,whether or not the project continues to be supported by the Federal award, unless the FDOT State Safety Office,on behalf of USDOT,provides written authorization for another use of the equipment that is permissible under 2 CFR Section 200.313.Any equipment purchased with Federal highway safety funds that is not being used by the Subrecipient for the purposes described in the project or in accordance with other authorized uses under 2 CFR Section 200.313, is subject to repossession by the FDOT State Safety Office,on behalf of the USDOT.Items that are repossessed shall be disbursed to agencies that agree to use the equipment for the activity described in this project or for other uses authorized by USDOT. 52.Expense Purchases for$200 or more:Any purchase with a per item unit cost of$200 or more from any line item within the Expense Category,excluding software, must have FDOT State Safety Office written approval,prior to purchase. 53. Excusable Delays. Except with respect to the defaults of Subrecipient's consultants and contractors which shall be attributed to the Subrecipient,the Subrecipient shall not be in default by reason of any failure in performance of this subgrant agreement in accordance with its terms if such failure arises out of causes beyond the control and without the fault or negligence of the Subrecipient.Such causes are acts of God or of the public enemy,acts of the Government in either its sovereign or contractual capacity,fires,floods,epidemics,quarantine restrictions,strikes,freight embargoes, and unusually severe weather,but in every case the failure to perform must be beyond the control and without the fault or negligence of the Subrecipient. If the failure to perform is caused by the failure of the Subrecipient's consultant or contractor to perform or make progress,and if such failure arises out of causes beyond the control of the Subrecipient and its consultant or contractor,and without the fault or negligence of any of them,the Subrecipient shall not be deemed to be in default,unless(1)the supplies or services to be furnished by the consultant or contractor were Amendment Number:Original SUB-2021-CityofMiam-00010 Page 19 of 32 DocuSign Envelope ID:1 E92BA26-D268-485F-A5E9-3245BF55A87A Project TiUe:Miami Beach Occupant Protection and Chifd Passenger Initiative 500-065-01 SAFETY Project Number:M1HVE-2021-00110 9n0 FDOT Contract Number:G1U78 obtainable from other sources, (2)the FDOT State Safety Office shall have ordered the Subrecipient in writing to procure such supplies or services from other sources,and(3)the Subrecipient shall have failed to comply reasonably with such order. Upon request of the Subrecipient, the FDOT State Safety Office shall ascertain the facts and extent of such failure and, if it shall be determined that any failure to perform was occasioned by any one or more of the said causes,the delivery schedule shall be revised accordingly. If the Subrecipient is unable to fulfill the activities stated in the Proposed Solution or Project Objectives in this agreement(Part II: PROJECT PLAN AND SUPPORTING DATA)due to the COVID-19 pandemic,the Subrecipient must contact the FDOT State Safety Office immediately to discuss potential amendments and/or alternate plans. 54. How this Subgrant Agreement is Affected by Provisions Being Held Invalid. If any provision of this subgrant agreement is held invalid, the remainder of this subgrant agreement shall not be affected.In such an instance,the remainder would then continue to conform to the terms and requirements of applicable law. The Subrecipient acknowledges that federal grant requirements are subject to change and agrees that the most recent requirements shall govern its obligations under this Agreement at all times. 55. Ineligibility for Future Funding. The Subrecipient agrees that the Department shall find the Subrecipient ineligible for future funding for any of the following reasons: (a) Failure to provide the required audits (b) Failure to continue funding positions created with highway safety funds after the Federal funding cycle ends (c) Failure to provide required performance and final narrative reports in the required time frame (d) Failure to perform work described in Part II of this subgrant agreement (e) Failure to provide reimbursement requests and performance reports in a timely manner (f) Providing fraudulent performance reports or reimbursement requests (g) Misuse of equipment purchased with Federal highway safety funds 56. Performance. In the event of default,noncompliance,or violation of any provision of this subgrant agreement by the Subrecipient,the Subrecipient's consultant(s)or contractor(s)and supplier(s),the Subrecipient agrees that the Department will impose sanctions. Such sanctions include withholding of reimbursements, retainage,cancellation, termination,or suspension of this subgrant agreement in whole or in part. In such an event,the Department shall notify the Subrecipient of such decision 30 days in advance of the effective date of such sanction.The sanctions imposed by the Department will be based upon the severity of the violation,the ability to remedy, and the effect on the project.The Subrecipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. 57. Personnel Hired or Paid Under this Subgrant Agreement (a) Project Director. Persons holding the position of Project Director for this subgrant agreement shall not receive reimbursement for personnel hours nor receive any other benefit under this subgrant agreement. (b) Employer Responsibility. Any and all employees of the Subrecipient whose positions are funded,in whole or in part through this subgrant agreement,shall be the employee of the Subrecipient only,and any and all claims that may arise from said employment relationship shall be the sole obligation and responsibility of the Subrecipient. Personnel hours will only be reimbursed based on actual hours worked on this subgrant agreement.No other allocation method is allowable for reimbursement. Amendment Number:Original SUB-2021-CityofMiam-00010 Page 20 of 32 DocuSign Envelope ID:IE92BA26-D268-485F-A5E9-3245BF55A87A Project Title:Miami Beach Occupant Protection and Child Passenger Initiative 500-065-01 SAFETY Project Number:M1HVE-2021-00010 9120 FOOT Contract Number:G1U78 (c) Overtime. i. Overtime Hours. Subgrant funds cannot be used to supplant standard activity hours;therefore,only hours qualifying as"overtime",per the Subrecipient policies will be eligible for reimbursement by this subgrant agreement.In the event a Subrecipient is awarded more than one subgrant agreement within a federal fiscal year, overtime hours for each traffic safety effort must be tracked,reported,and billed based on hours worked for each subgrant agreement type. ii.Overtime Rate. Overtime hours are intended for enhanced/increased traffic safety activities.The overtime pay rate for personnel is based on actual cost per employee in accordance with the Subrecipient's payroll policy. Each Subrecipient shall comply with Fair Labor Standards Act(FLSA) requirements and thresholds for overtime accrual and payment and its own policies and procedures, insofar as those policies apply uniformly to both federally-financed and other activities of the Subrecipient,as required by 2 CFR 200.403(c).Additional hours may be called overtime, off duty,extra, additional,etc.,as long as it enhances/increases traffic safety activities.A copy of the policy shall be maintained by the Subrecipient and made available for review if requested. (d) Additional Requirements for Law Enforcement Agencies. i. Created Position(s)Reporting and Maintenance Requirement. Subrecipients receiving first year funding for a newly created full-time position(s)through a subgrant agreement shall provide written notification to the FDOT State Safety Office within 30 days of this subgrant agreement being awarded that a new position(s)has been created in the agency as a result of this subgrant agreement being awarded.Positions created with subgrant funding shall continue to be funded by the Subrecipient after federal funding ends to be eligible for future subgrant funding. 58. Reports. The following reports are required for reimbursement of subgrant funding: (a) Performance Reports. (FDOT Form No. 500-065-19).A performance report shall be provided with each request for financial reimbursement,providing the status of the subgrant minimum performance standards,as described in Part IV of this subgrant agreement. (b) Final Narrative Report. (FDOT Form No.500-065-20).A Final Narrative Report giving a chronological history of the subgrant activities,problems encountered, major accomplishments, and NHTSA Required Activity Reporting shall be submitted by October 31.Requests for reimbursement will not be processed and will be returned to the Subrecipient as unpaid if the required reports are not provided,following notification. (c) Enforcement Activity Reports. Enforcement Activity Report(s)for each type of enforcement shall be provided with each request for financial reimbursement for overtime worked.Agency specific activity reports may be used, if those reports include all information detailed in each FOOT Activity Form. (d) Other Reports. The FDOT State Safety Office reserves.the right to require other reports not specified above,as necessary,for subgrant agreement monitoring. 59. Term of this Subgrant Agreement. Each subgrant agreement shall begin on the date the last party signs this subgrant agreement and shall end on September 30, unless otherwise stipulated by the FDOT State Safety Office on the first page of this respective subgrant agreement. In the event this subgrant agreement is for services in excess of $25,000.00 and a term for a period of more than 1 year,the provisions of Section 339.135(6)(a), F.S.,are hereby incorporated: "The Department,during any fiscal year,shall not expend money,incur any liability,or enter into any contract which,by its terms,involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year.Any contract,verbal or written,made in violation of this subsection is null and void,and no money may be paid on such contract.The Department shall require a statement from the Comptroller Amendment Number:Original SUB-2021-CityofMiam-00010 Page 21 of 32 DocuSign Envelope ID:1E92BA26-D268-485F-A5E9-3245BF55A87A Project Title:Miami Beach Occupant Protection and Child Passenger Initiative 500 o69.o1 Project Number:M1 HVE-2021-00010 SAFETY/26 FDOT Contract Number:G1U78 of the Department that such funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year,but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years;and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of$25,000.00 and which have a term for a period of more than 1 year." 60. Travel. (a) Required Forms. Travel costs for approved travel shall be submitted on the FDOT Contractor Travel Form (FDOT Form No.300-000-06)or other approved Florida Department of Financial Services form and will be reimbursed in accordance with Section 112.061, F.S.and the most current version of the Disbursement Handbook for Employees and Managers. (b) Authorization and Restriction.All travel authorized under this subgrant shall be subject to any additional authorization requirements or restrictions imposed by: the Governor's Executive Order or other guidance;any requirements or forms for travel cost reimbursement imposed by the Subrecipient that do not violate FDOT travel cost reimbursement requirements;and/or FDOT during the subgrant period. (c) Prerequisite Approvals. Travel meeting any of the following criteria shall require a written request for approval from the FDOT State Safety Office prior to the incurring of actual travel costs. Request should include sufficient justification to prove that the travel will have significant benefits to the outcome of the subgrant activities and is within the travel budget of the project and relevant to the project: i. Purchase of Air fare ii. Travel to conference iii. Travel which includes a registration fee iv. Out-of-subgrant-specified work area travel v. Out-of-state travel Failure to receive prior written approval will deem the entire travel cost ineligible for payment,regardless of available funding in travel budget. (d) Lodging Reimbursement Limit. The FDOT State Safety Office shall not pay for overnight lodging/hotel room rates that exceed$175.00 per night(before taxes and fees). A Subrecipient and/or traveler will be required to expend his or her own funds for paying the overnight lodging/hotel room rate in excess of$175.00 plus the applicable percentage of fees(other than flat fees). If multiple travelers share a room and the individual cost of the lodging/hotel exceeds the$175 per night limit,the Subrecipient and/or travelers will be required to expend his or her own funds for paying the excess amount.If another entity is covering the cost of the overnight lodging/hotel then this paragraph does not apply. (e) Lodging for Subgrant Funded Statewide Coalition Meetings and Conferences.Lodging contracts may be funded to accommodate attendance of subgrant funded statewide coalition meetings,conferences,and programs. If lodging a lodging contract is executed to cover lodging cost,all travelers shall be expected to use the contract,and any attendees choosing alternate lodging accommodations based on preference,shall do so at their own out of pocket costs.Cost for these lodging contracts will be reviewed and approved for program appropriateness and costs savings to the State, as determined and approved by the FDOT State Safety Office. 61. Vehicles. Any Subrecipient receiving subgrant funds to purchase a vehicle(excluding law enforcement vehicles) shall maintain a travel log that contains the beginning and ending mileage, location,and purpose of travel.All agencies must report any vehicle use(excluding law enforcement vehicles)and maintenance with each request for reimbursement using the Safety Grant Vehicle Use Form (FDOT Form No.500-065-21)and the Safety Grant Equipment Maintenance Form(FDOT Form No.500-065-22). Amendment Number:Original SUB-2021-CityofMiam-00010 Page 22 of 32 DocuSign Envelope ID:1 E92BA26-D268-485F-A5E9-32455F55A87A Project Title:Miami Beach Occupant Protection and Child Passenger Initiative 500-065-01 SAFETY Project Number:MtHVE-2021-00010 en0 FDOT Contract Number:G1U78 Vehicles purchased with federal highway safety funds shall be used for program use only and in accordance with Rule 60B-1.004 F.A.C.Subrecipients who are responsible for the operation and use vehicles for official state business are allowed to permit persons other than state officials or employees to travel in the vehicle provided these persons are conducting official state business or only on special occasions if the purpose of the travel can be more usefully served by including such persons and no additional expense is involved. It is permissible to transport persons other than state officials and employees during disasters and emergency situations where the state must protect life and property. Providing assistance to motorists whose vehicles are disabled may be considered as an emergency when there is a need to protect life and property. Any vehicles used for personal reasons or not being used by the Subrecipient for the purposes described in this subgrant agreement shall be subject to repossession by the FDOT State Safety Office. FINANCIAUFISCAL 62. Allowable Costs. The allowability of costs incurred under this subgrant agreement shall be determined in accordance with the general principles of allowability and standards for selected cost items set forth in the Applicable Federal Law,state law, and the FDOT Disbursement Handbook for Employees and Managers,to be eligible for reimbursement.All funds not spent in accordance with the Applicable Federal Law will be subject to repayment by the Subrecipient.Only costs directly related to this subgrant agreement shall be allowable. 63. Subcontract Agreements. (a) Requirement for Pre-Approval. All subcontract agreements must be submitted to the FDOT Safety Office in draft form for review and approval.Approval of this subgrant agreement does not constitute approval of subcontract agreements. (b) Minimum Mandatory Subcontract Language. All subcontract agreements shall include as a minimum the following information: i. Beginning and end dates of the subcontract agreement(not to exceed this subgrant agreement period) ii. Total contract amount iii. Scope of work/Services to be provided iv. Quantifiable,measurable,and verifiable units of deliverables v. Minimum level of service to be performed and criteria for evaluating successful completion vi. Budget/Cost Analysis vii. Method of compensation/Payment Schedule (c) Additional Required Clauses. i. All subcontract agreements shall contain the following statement: "The parties to this contract shall be bound by all applicable sections of Part V:Acceptance and Agreement of Project#(insert project number), FDOT Contract#(insert contract number). A final invoice must be received by(insert date)or payment will be forfeited." ii. Buy American Act clause(see Section 4 of Part V) iii. Certification Regarding Federal Lobbying(see Section 17 of Part V) iv. Cooperation with Inspector General(see Section 28 of Part V) v. DBE Clause(see Section 10(b)of Part V) vi. E-Verify clause(see Section 29 of Part V) vii. Nondiscrimination clause(see Section 13 of Part V) viii. Clean Air Act and Federal Water Pollution Control Act clause(subcontracts in excess $150,000) (see Section 5 of Part V) ix. Integrity Certification Clause(see Section 23 of Part V) Amendment Number:Original SUB-2021-CityofMiam-00010 Page 23 of 32 DocuSign Envelope ID:1E92BA26-D266-485F-A5E9-3245BF55A87A Project Title:Miami Beach Occupant Protection and Child Passenger Initiative 50048541 SAFETY Project Number:M1HVE-2021-00010 9i20 FDOT Contract Number:G1U78 x. Contract Work Hours and Safety Standards Act(subcontracts in excess of$100,000) (see Section 8 of Part V) xi. Indemnification and Insurance(see Section 30 of Part V) xii. Policy on Banning Text Messaging While Driving Act(subcontracts in excess of$15,000)(see Section 24 of Part V) xiii. Human Trafficking Clause(see Section 19 of Part V) 64. Indirect Costs. Indirect costs included in this subgrant agreement in Part III,under the indirect line item are based on the indirect costs rate the Subrecipient used in the competitive concept paper application process.The rate will be applied in accordance with 2 CFR 200 and the Subrecipients federally approved rate agreement. If the Subrecipient does not have a federally approved costs rate agreement,a de minimis rate of 10%of modified total direct costs in the manner described in 2 CFR 200.414 will be used. [The de minimis rate is available only to entities that have never had a negotiated indirect cost rate.When selected,the de minimis rate must be used consistently for all federal awards until such time the Subrecipient chooses to negotiate a rate. A de minimis certification form must be submitted to the Department for review and approval.] All subgrant awards are based on cost benefit,available funding,and if the indirect costs rate requested significantly affects the proposed project's ability to adequately address the traffic safety need. 65.Obligation of Subgrant Funds. Subgrant funds shall not be obligated prior to the effective date or subsequent to the end date of this subgrant agreement period. Only project costs incurred on or after the effective date and on or prior to the end date of this subgrant agreement are eligible for reimbursement. A cost is incurred when the Subrecipient's employee or approved contractor or consultant performs the service required or when goods are received by the Subrecipient,notwithstanding the date of order. 66. Procedures for Reimbursement. (a) Required Forms. All requests for reimbursement of subgrant costs must be submitted on forms provided by the Department(FDOT Form Numbers 500-065-04 through 09 and 19)unless otherwise approved. Forms must be completed in detail sufficient for a proper pre-audit and post audit based on the quantifiable,measurable,and verifiable units of deliverables and costs,including supportive documentation. ALL requests for reimbursement shall include FDOT Form 500-065-019 Performance Report for the period of reimbursement. (b) Supporting Documentation. Invoices for cost reimbursement subgrants must be supported by an itemized listing of expenditures by category(salary,travel,expenses,etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid.Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service.Only expenditures for categories in the approved subgrant budget may be reimbursed.These expenditures.must be allowable(pursuant to law)and directly related to the services being provided. Contracts between state agencies may submit alternative documentation to substantiate the reimbursement request,which may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services,online Reference Guide for State Expenditures can be found at this web address https:/lwww.myfloridacfo.com/Division/AAIManua Is/documents/ReferenceGuideforStateExpenditures.p df. Listed below are types and examples of supporting documentation: i. Personnel Services. a. Salaries:Timesheets that support the hours worked on the project or activity must be kept.A payroll register,or similar documentation should be maintained.The payroll register should show gross salary charges,fringe benefits,other deductions,and net pay.If an individual for whom reimbursement is being claimed is paid by the hour,a document reflecting the hours Amendment Number:Original SUB-2021-CityofMiam-00010 Page 24 of 32 DocuSign Envelope ID:1E92BA26-D268-485F-A5E9-3245BF55A87A Project Title:Miami Beach Occupant Protection and Child Passenger Initiative 600-065-01 SAFETY Project Number:M1HVE-2021-00010 9120 FOOT Contract Number:G1U78 worked times the rate of pay will be acceptable. b. Fringe Benefits:Fringe benefits should be supported by invoices showing the amount paid on behalf of the employee,e.g.,insurance premiums paid. If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits,then the calculation for the fringe benefits amount must be shown. ii. Contractual Services.Should be supported by a copy of the approved subcontract agreement,invoice showing payment request and dates of service from the vendor,and proof of payment by the Subrecipient. iii. Expenses.Should be supported by a copy of any required pre-approvals,invoice showing payment request from the vendor,and proof of payment by the Subrecipient. iv. Travel.Reimbursement for travel must be in accordance with s. 112.061,F.S.and the most recent version of the FDOT Disbursement Handbook,which includes submission of the travel costs on an approved state travel form along with supporting receipts and invoices. v. Equipment Costing Over$5,000.Should be supported by a copy of any required pre-approvals,invoice showing payment request from the vendor,and proof of payment by the Subrecipient. vi. Indirect Cost If the subgrant stipulates that indirect costs will be paid based on a specified rate,then the calculation should be shown.Indirect costs must be in the approved agreement budget and the entity must be able to demonstrate that the costs are not duplicated elsewhere as direct costs.All indirect cost rates must be evaluated for reasonableness and for allowability and must be allocated consistently. All documentation should be readable and include the necessary calculations to support the amounts being requested. Illegible documents or documents for the wrong time-period or calculation amounts will require resubmittal by the Subrecipient.If documents provided do not equal totals requested,additional documentation may be requested,or amounts reimbursed will be reduced to totals supported by documentation. Subgrant agreements between state agencies,and/or subgrant agreements between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports and do not have to include check numbers. (c) Frequency and Deadlines for Submission. i. Partial Claims. Subrecipients should submit all costs for reimbursement monthly unless no costs were incurred within a month. Reimbursement for personnel costs may be submitted after each pay period, if desired. Failure to submit reimbursement requests in a timely manner may result in this subgrant agreement being terminated. ii. Final Claim. A final financial request for reimbursement shall be submitted and/or postmarked no later than October 31 following the end of this subgrant agreement period.Such request should be distinctly identified as Final. The Subrecipient agrees to forfeit reimbursement of any amount incurred or expended if the final request is not submitted and/or postmarked by October 31 following the end of this subgrant agreement period. (d) Travel Reimbursement. Bills for travel expenses specifically authorized in this subgrant agreement shall be submitted on the FDOT Contractor Travel Form (300-000-06)and will be paid in accordance with Section Amendment Number:Original SUB-2021-CityofMiam-00010 Page 25 of 32 DocuSign Envelope ID:IE92BA26-D268-485F-A5E9-3245BF55A87A Project Title:Miami Beach Occupant Protection and Child Passenger Initiative 500-066.01 SAFETY Project Number:M1HVE-2021-00010 9120 FDOT Contract Number:G1U78 112.061, F.S.and the most current version of the FDOT Disbursement Handbook for Employees and Managers. (e) Equipment Reimbursement. All requests for reimbursement of equipment having a unit cost of$5,000 or more and a useful life of one year or more shall be accompanied by a Non-Expendable Property Accountability Record(FDOT Form No.500-065-09).Reimbursement of these equipment costs shall not be made before receipt of this form. (f) Media Purchase Reimbursement. Proof of performance(e.g.,copies and/or images of posters,air schedules,etc.)of all paid media purchased with subgrant funds shall be attached to reimbursement requests. (g) Signature Requirements. All requests for reimbursement shall be signed by an Authorized Representative of the Subrecipient,or their delegate. Delegation letters must be provided for each subgrant agreement. (h) Reimbursement Timeline. Subrecipients providing goods and services to the Department should be aware of the following time frames.The FDOT State Safety Office has a 30-day review process to approve goods and services that starts on the date of receipt of financial reimbursement request.After that review and approval,the Department has 20 days to deliver a request for payment(voucher)to the Department of Financial Services.The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected,and approved.Financial reimbursement requests may be returned if not completed properly.If a payment is not available within 40 days from the FDOT State Safety Office approval,a separate interest penalty at a rate as established pursuant to Section 55.03(1),F.S.,will be due and payable,in addition to the financial reimbursement request amount,to the Subrecipient.Interest penalties of less than one(1)dollar will not be enforced unless the Subrecipient requests payment.Financial reimbursement requests that have to be returned to a Subrecipient because of Subrecipient preparation errors will result in a delay in the payment.The financial reimbursement request payment requirements do not start until a properly completed financial reimbursement request is provided to the Department. (i) Financial Consequences. Payment shall be made only after receipt and approval of deliverables and costs incurred. If the Department determines that the performance of the Subrecipient is unsatisfactory,the Department shall notify the Subrecipient of the deficiency to be corrected,which correction shall be made within a timeframe to be specified by the Department.The Subrecipient shall,within five days after notice from the Department, provide the Department with a corrective action plan describing how the Subrecipient will address all issues of subgrant agreement non-performance,unacceptable performance,failure to meet the minimum performance levels,deliverable deficiencies,or subgrant agreement noncompliance. If the corrective action plan is unacceptable to the Department,the Subrecipient will not be reimbursed to the extent of the non-performance. The Subrecipient will not be reimbursed until the Subrecipient resolves the deficiency. If the deficiency is subsequently resolved,the Subrecipient may bill the Department for the unpaid reimbursement request(s)during the next billing period. If the Subrecipient is unable to resolve the deficiency,the funds shall be forfeited at the end of this subgrant agreement term. (j) Vendor Ombudsman. A Vendor Ombudsman has been established within the Department of Financial Services.The duties of this individual include acting as an advocate for Subrecipients who may be experiencing problems in obtaining timely payment(s)from a state agency. The Vendor Ombudsman may be contacted at (850)413-5516. 67. Tracking and Retention of Financial Records. The Subrecipient shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this subgrant agreement shall be maintained and made available upon request to the Department at all times during the period of this subgrant agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request.Records of costs incurred include the Subrecipients general accounting records and the project records,together with supporting documents and records,of the contractor and all subcontractors performing work. Amendment Number:Original SUB-2021-CityofMiam-00010 Page 26 of 32 DocuSign Envelope ID:1E92BA26-D268-485F-A5E9-3245BF55A87A Project Title:Miami Beach Occupant Protection and Child Passenger Initiative 500-055-01 Project Number:M1HVE-2021-00010 SAFETY9/20 FDOT Contract Number:G1U78 68. Program Income. Program income means gross income earned by Subrecipient that is directly generated by a supported activity or earned as a result of the subgrant award during the subgrant period of performance. Program income must be deducted from total allowable costs to determine the net allowable costs. Program income must be used for current costs and any remaining program income must be offset against the final request for reimbursement Program income that the Subrecipient did not anticipate at the time of the subgrant award must be used to reduce the Federal award and Subrecipient contributions rather than to increase the funds committed to the project. 69. Registration for Attendance. No activities funded under this subgrant agreement shall charge a registration fee for attendance. • 70. Responsibility of Subrecipient. The Subrecipient shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures.All monies spent on this project shall be disbursed in accordance with provisions of the Project Detail Budget as approved by the FDOT State Safety Office.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). REQUIREMENTS 71. Child Safety Seats. Any agency that receives child safety seats must have at least one staff member who is a current Certified Child Passenger Safety Technician. 72. Enforcement. (a) Automated Traffic Enforcement. No subgrant funds will be awarded or expended to carry out a program to purchase,operate, or maintain an automated traffic enforcement system.(23 U.S.C.402(c)(4)).The term "automated traffic enforcement system"includes any camera that captures an image of a vehicle for the purposes only of red light and speed enforcement,and does not include hand held radar and other devices operated by law enforcement officers to make an on-the-scene traffic stop, issue a citation,or other enforcement action at the time of violation. Subgrant funding will not be utilized or reimbursed for continuing priorly initiated investigations,court or Administrative Hearings,and enforcement from aircraft. (b) Data Driven. Selection of enforcement activity locations should be based on current data that identifies high-risk areas with the greatest number of crashes,serious injuries,fatalities,and/or traffic violations(citations). Data should be reviewed periodically to ensure that the most current high-risk areas are continually addressed throughout this subgrant agreement period. (c) High Visibility Enforcement. All law enforcement agencies shall conduct High Visibility Enforcement while conducting enforcement under this subgrant agreement. High Visibility Enforcement is defined as: Intense: Enforcement activities are over and above what normally takes place. Frequent: Enforcement occurs often enough to create general deterrence. Visible: A majority of the public sees or hears about the enforcement. Strategic: Enforcement targets high-risk locations during high-risk times. (d) Impaired Driving Enforcment. i. Hours of Emphasis. A strong emphasis of enforcement operations should be during the hours of 6:00 pm to 6:00 am. Explansion of enforcement operation hours can be adjusted based on supporting data and prior approval by the FDOT State Safety Office.Agencies should ensure that enforcement saturation/wolfpack/roving patrols are conducted in periods of no fewer than 3 consecutive hours.The Amendment Number:Original SUB-2021-CityofMiam-00010 Page 27 of 32 DocuSign Envelope ID:1E92BA26-D268-485F-A5E9-3245BF55A87A Project Title:Miami Beach Occupant Protection and Child Passenger Initiative 500-055-01 Project Number:M1 HVE-2021-00010 SAFETY 0 9/20 FDOT Contract Number:G1U78 FDOT State Safety Office reserves the right to request a copy of any subgrant funded checkpoint After Action Report. ii. Mobilization Participation. All law enforcement agencies that receive impaired driving subgrant funding should participate in all NHTSA impaired driving moblizations for the following holidays and events: New Year's Day,NFL Super Bowl, St.Patrick's Day,Cinco de Mayo, Independence Day,Labor Day, Halloween,and the end of year holiday season. iii. Required Credentials for Impaired Driving Enforcement. Any law enforcement officer who takes enforcement action and receives compensation under an impaired driving subgrant must have successfully completed at least one of the following within the last five years: • a. NHTSA/IACP 24 hour DWI Detection and Standardized Field Sobriety Testing (SFST)course b. NHTSA/IACP 4 hour DWI Detection and Standardized Field Sobriety Testing (SFST)refresher course c. NHTSA/IACP DWI Detection and Standardized Field Sobriety Testing (SFST)Instructor Development course d. NHTSA/IACP 8-hour DWI Detection and Standardized Field Sobriety Testing (SFST)Instructor Update course e. NHTSA/IACPAdvanced Roadside Impaired Driving Enforcement(ARIDE)course f. Be an active certified Drug Recognition Expert(DRE) (e) Motorcycle Enforcement. No subgrant funds will be used for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. (f) Occupant Protection Enforcement. All law enforcement agencies that receive occupant protection subgrant funding should participate in all NHTSA occupant protection mobilizations for Click It or Ticket and are encouraged to participate in Child Passenger Safety Week and National Seat Check Saturday. (g) Speed and Aggressive Driving Enforcement. All law enforcement agencies that receive speed and aggressive driving subgrant funding should participate in the NHTSA Regional speed and aggressive driving moblization for Operation Southern Shield. i. Required Credentials for Speed Enforcement. Any law enforcement officer who is using a radar or lasar speed detection system,must be certified in the use of that piece of equipment. 73. Public Service Announcements,Marketing,and Advertisements. (a) Closed Caption Requirement. All public service announcements produced with Federal highway safety funds shall be closed captioned for the hearing impaired. (b) Media Plan. All paid media reimbursed with subgrant funds shall contain a traffic safety message. In order to maximize the effectiveness of the paid media,when marketing or advertising is included in subgrant activities,it shall be done only in conjunction with proven, effective countermeasures,and when the message of the media is designed to call attention to those countermeasures.Before incurring costs related to the paid media,a final draft of the media and media plan shall be submitted to the FDOT State Safety Office for review Media plans should include the following: i. What program/policy the paid media is supporting ii. How the paid media will be implemented to support an operational enforcement program whether it be a periodic crackdown/mobilization or an on-going saturation or roving patrol iii. The amount allocated for paid media Amendment Number:Original SUB-2021-CityofMiam-00010 Page 28 of 32 DocuSign Envelope ID:1E92BA26-D268-485F-A5E9-3245BF55A87A Project Title:Miami Beach Occupant Protection and Child Passenger Initiative 500-065-01 Project Number:M1 HVE-2021-00010 SAFETY FDOT Contract Number:G1U78 v. The measures that will be used to assess message recognition and penetration of the target audience. (c) Tagging. All subgrant funded public service announcements,marketing,and advertisements shall be tagged "Funding provided by the Florida Department of Transportation,or Funded by FDOT°."Brought to you by"or "Provided by"may also be used for this requirement.The name of the Subrecipient and its logo can appear on the paid media but the names of individuals connected with the Subrecipient shall not appear when paid for with Federal highway safety funds, unless otherwise approved by the FDOT State Safety Office. (d) Prohibition of Gifts. Contractual agreements for marketing and advertising which include communications, public information,and paid media expenditures shall not include gifts as defined by Section 112.312,F.S., which includes items such as tickets,seats,food,travel,apparel,memorabilia,etc.,to any representative of this subgrant agreement or any of their traffic safety partners unless the item or service is regularly made available to the general public at no cost. 74. Public Information and Education Items. Public Information and Education Items are defined as materials whose purpose is to convey substantive information about highway safety.Paper, pamphlets,flash drives,CD-ROMs,and similar media that contain educational materials are all allowable because their purpose is to contain and convey educational information. In order to be considered educational,distributed material must provide substantial informational and educational content to the public(not merely a slogan)and have the sole purpose of conveying that information. If a Subrecipient chooses to provide educational content on a flash drive,CD-ROM,or similar device,that device must be an economical method of conveying the information. Before printing or ordering any public information and education items,a final draft or drawing of the items shall be submitted to the FDOT State Safety Office for review and approval. Requests should include the following: (a) What public information or educational item is being requested (b) What program/policy is the item supporting (c) Who the target audience is (d) How the item will be distributed (e) Estimated unit cost(s)for the item The FDOT State Safety Office shall provide written approval for reimbursement if the items are appropriate for purchase under this subgrant agreement. Copies and/or images of all public information and education items purchased with highway safety funds shall be attached to the forms requesting reimbursement for the items. Printed materials(tip cards, brochures,safety pledges,surveys,activity books,booklets,guides,etc.)can be freely distributed,however tangible items(helmets,DVDs, CD-ROMs,flash or thumb drives,reflective tape,etc.)require the person receiving the item to interact with the Subrecipient in some manner related to the goal of the project in order to receive the item. Interaction includes attending a presentation, having a discussion with a program representative, signing a pledge sheet,filling out a survey form, answering a traffic safety question,etc.The results of this interaction must be reported in the performance report. Where feasible, either the Florida Department of Transportation logo or the words"Funding provided by the Florida Department of Transportation or Funded by FDOT"Shall appear on or in all items."Brought to you by"or"Provided by" may also be used for this requirement.The name of the Subrecipient and its logo can appear on any of the public information and education items.The names of individuals connected with the Subrecipient shall not appear on any printed materials,and advertisements paid for with highway safety funds. Per 2 CFR 200 and NHTSA Memo"Use of NHTSA Highway Safety Grant Funds for Certain Purchases"(dated May 18, 2016), Use of NHTSA grant funds to purchase promotional items or memorabilia (backpacks,cups,flashlights,key Amendment Number:Original SUB-2021-CityofMiam-00010 Page 29 of 32 DocuSign Envelope ID:1E92BA26-D268-485F-A5E9-3245BF55A87A Project Title:Miami Beach Occupant Protection and Child Passenger Initiative 500.065-01 Project Number:M1 HVE-2021-00010 SA9/20 FDOT Contract Number:G1U78 chains, magnets,shirts,stickers,sunglasses,umbrellas,etc.)is prohibited and therefore unallowable under this subgrant agreement. 75. Publication and Printing of Observational Surveys and Other Reports. (a) Review and Publication. During this subgrant agreement period, but before publication or printing,the final draft of any report or reports required under this subgrant agreement or pertaining to this subgrant agreement shall be submitted to the FDOT State Safety Office for review and concurrence.After this subgrant agreement period has concluded, Subrecipients may publish after providing the FDOT State Safety Office with at least a 15-day prior written notice. (b) Discussion. Both written and oral releases are considered to be within the context of publication. However, there is no intention to limit discussion of the study with small technical groups or lectures to employees or students. Lectures that describe plans but discuss neither data nor results may be given to other groups without advance approval. (c) Required Language. Each publication or other printed report covered by Paragraph 75(a)above shall include the following statement on the cover page: i. This report was prepared for the FDOT State Safety Office,Department of Transportation,State of Florida, in cooperation with the National Highway Traffic Safety Administration, U.S.Department of Transportation and/or Federal Highway Administration,U.S. Department of Transportation. ii. The conclusions and opinions expressed in these reports are those of the Subrecipient and do not necessarily represent those of the FDOT State Safety Office, Department of Transportation,State of Florida,and/or the National Highway Traffic Safety Administration,U.S. Department of Transportation and/or Federal Highway Administration, U.S.Department of Transportation,or any other agency of the State or Federal Government. 76. Safety Belt Policy. Each Subrecipient shall have a written safety belt policy,which is enforced for all employees. A copy of the policy shall be maintained by the Subrecipient and made available for review if requested. 77. Special Conditions. Amendment Number:Original SUB-2021-CityofMiam-00010 Page 30 of 32 DocuSign Envelope ID:1E92BA26-D268-485F-A5E9-3245BF55A87A Project Title:Miami Beach Occupant Protection and Child Passenger Initiative 500.065-01 Project Number.M1 HVE-2021-00010 SAFETY FDOT Contract Number:G1U78 Part VI: Federal Financial Assistance(Single Audit Act) Federal resources awarded pursuant to this subgrant are as follows: CFDA Number and Title: ▪ 20.600-State and Community Highway Traffic Safety Program (NHTSA 402 Funds) • 20.611 -Incentive Grant Program to Prohibit Racial Profiling(NHTSA 1906 Funds) O 20.614-National Highway Traffic Safety Administration Discretionary Safety Grants (NTHSA 403 funds) Q 20.616-National Prioritv.Safety Program(NHTSA 405 Funds). *Federal Funds Awarded: $60,000 Awarding Agency: Florida Department of Transportation Indirect Cost Rate: **Award is for R&D: No Federal resources awarded pursuant to this subgrant are subject to the following audit requirements: (a) 2 CFR Part 200-Uniform Administrative Requirements,Cost Principles and Audit Requirements for Federal Awards www.ecfr.nov Federal resources awarded pursuant to this subqrant may also be subject to the following: (a) Federal Funding Accountability and Transparency Act(FFATA)Sub-award Reporting System(FSRS) www.fsrs.Prov Federal Award Identification Number(FAIN): FAIN Award Date: 69A3751930000405bFLH 04/17/2019 Amendment Number:Original SUB-2021-CityofMiam-00010 Page 31 of 32 DocuSign Envelope ID:1E92BA26-D268-485F-A5E9-3245BF55A87A Project Title:Miami Beach Occupant Protection and Child Passenger Initiative 500-0555-01 Project Number:MIHVE•2021-000111 SAFETY 0rs0 FOOT Contract Number.01078 IN WITNESS WHEREOF,the parties affirm that they have each read and agree to the conditions set forth in Part V of this Agreement that each have read and understand the Agreement in its entirety. Now,therefore,in consideration of the mutual covenants, promises and representations herein have executed this Agreement by their undersigned officials on the day,month,and year set out below. (For FDOT Use Only) STATE OF FLORIDA SUBRECIPIENT DEPARTMENT OF TRANSPORTATION ,-DocuSlgned by:JJJ� ,, r��,�.," w�1� DocuSIgned by: t'o.uL lA/�tl�tLA. IttJt.vim Ohl (UMW By: -4g4onAnFA9RG/� f o eilZ4 eAettg Signature of Authorized Representative By. B�fD ADAh;Cvt... Authorized FDOT State Safety Office Representative Raul Aguila Interim City Manager Name: 3/2/2021 I 9.53 AM EST Authorized Representative's Name Printed Date: Date Signed Interim City Manager Title: Authorized Representative's Title Printed 2/26/2021 I 10:49 AM EST Date: Date Signed Reviewed for the Florida Department of Transportation: IMPLEMENTING AGENCY Dom:Signed by: DocuSigned by: 1,at n :iln�(vs By: ea at itt lA#s By: l 1 0 :rciorarcrr•IE... e¢a•e23'^r ctcs... Signature of Authorized Representative Authorized FDOT Attorney Rick Clements Name: 3/2/2021 I 9:09 AM EST Authorized Representative's Name Printed Date: Date Signed Police Chief Title: Authorized Representative's Title Printed 2/24/2021 I 5:15 PM EST Date. Date Signed NOTE: These signatures are the only recognized authorized representatives for this agreement,unless delegation is granted in writing. APPROVED AS TO AmEiQ MM%nIDAN JiM GE SUB-2021-CityofMiam-00010 Page 32 of 32 &FOR EXECUTION kY' 07[?2(ZoZ i City Attorney W 4 I Date DocuSign Envelope ID:1E92BA26-D268-485F-A5E9-3245BF55A87A To:Andrea.Louvaris@dot.state.fl.us FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL G1U78 2/11/2021 CONTRACT INFORMATION Contract: G1U78 Contract Type: GD-GRANT DISBURSEMENT(GRANT) Method of Procurement G-GOVERMENTAL AGENCY(287.057,F.S.) iVendor Name:, CITY OF MIAMI BEACH Vendor ID: F596000372011 iBeginning Date of This Agreement: 02/10/2021 iEnding Date of This Agreement: ,09/30/2021 Contract Total/Budgetary Ceiling: ct=$60,000.00 oescription: 'M1HVE-2021-00010,Miami Beach PD,Miami Beach Occupant Protection and Child Passenger Initiative FUNDS APPROVAL INFORMATION FUNDS APPROVED/REVIEWED FOR ROBIN M.NAITOVE,CPA,COMPTROLLER ON 2111/2021,- Action: Original Reviewed or Approved: APPROVED Organization Code: 55671000961 Expansion Option: A6 Object Code: 780000 Amount: $60,000.00 Financial Project: 40754618401 Work Activity(FCT): 174 CFDA: 20.616 Fiscal Year: 2021 Budget Entity: 55150200 Category/Category Year. 088796/21 Amendment ID: 0001 Sequence: 00 User Assigned ID: Enc Line(6s)/Status: 0001/04 Total Amount: $60,000.00 Pagel of 1