HomeMy WebLinkAboutItem 07 Approval of Florida's Bicycle Pedestrian Focused Initiative Communication and High Visibility EnforcementOcoee
Florida
AGENDA ITEM COVER SHEET
Meeting Date: October 6, 2020
Item # p'j
Reviewed By:
Contact Name: Deputy Chief McKinstry Department Director: Chief
Contact Number: 407-554-7192 City Manager: Robert Franl
Background Summary:
This year, $9,513.00 has been made available for the City of Ocoee Police Department through
Florida's Bicycle Pedestrian Focused Initiative: Communication and High Visibility Enforcement Grant.
The purpose of the grant is to reinforce safe pedestrian, bicyclist, and driver behaviors in priority
counties in Florida. Orange County is considered a priority county due to the number of serious
injuries and deaths of pedestrians and bicyclists. The Letter of Agreement and Contract must be
signed by the Mayor. If approved, the City of Ocoee Police Department will receive $9,513.00 to
conduct high visibility education and enforcement, on specific areas of West Colonial Drive and Silver
Star Road, to reduce traffic crashes resulting in serious and fatal injuries to pedestrians and bicyclists.
Issue:
Should the Honorable Mayor and Board of City Commissioners authorize the Mayor to sign the Letter
of Agreement and Contract to accept for $9,513.00 that has been made available for the Ocoee Police
Department through the Florida's Bicycle Pedestrian Focused Initiative: Communication and High
Visibility Enforcement Grant?
Recommendations:
It is recommended that the Honorable Mayor and Board of City Commissioners authorize the Mayor to
sign the Letter of Agreement and Contract to accept $9,513.00 that has been made available for the
Ocoee Police Department through the Florida's Bicycle Pedestrian Focused Initiative: Communication
and High Visibility Enforcement Grant
Attachments:
Letter of Agreement and Contract
Financial Impact:
$9,513.00 has been made available for the City of Ocoee Police Department through Florida's Bicycle
Pedestrian Focused Initiative: Communication and High Visibility Enforcement Grant. No matching
funds are required by the City.
Type of Item: (please mark with an 'Y)
Public Hearing For Clerk's Dept Use:
Ordinance First Reading Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
X Commission Approval
Discussion & Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by
Dana Crosby -Collier (9/17/2020)
Rebecca Roberts (9/23/2020)
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N/A
N/A
N/A
FD
11�..
Florida Department qf7ransportation
ICON DESANTIS 605 Stam mice Streel KEVIN .I. TII IBAULT, P.E.
GOVERNOR 'tallahassee,FL 32399-04150 SECRETARY
September 16, 2020
Mr. At Roop, Assistant Director
Institute of Police Technology and Management
University of North Florida
12000 Alumni Drive
Jacksonville, FL 32224
RE: Project Name: Florida's Bicycle Pedestrian Focused Initiative:
Communication and High Visibility Enforcement
Project Number: 433144-1-8404
Contract Number: GIB36
Dear Mr. Roop:
We have reviewed the attached draft subcontract agreement with the City of Ocoee for High
Visibility Enforcement in the amount of $9,513.00 and it is hereby approved. The subcontract
agreement will be effective the date the last party signs it, and only charges incurred for services
provided between the date of execution and May 14, 2021 will be allowable for reimbursement.
Please send us a copy of the executed subcontract after it has been signed. We will not be able to
process invoices for the services until we receive a copy of the executed subcontract.
If you have any questions, please feel free to contact me at e.flats or
(850) 414-4025.
Sincerely,
Trenda McPherson, FCCM
State Bicycle Pedestrian Safety Program Manager
/tm
cc: Project File
www. rdol.gov
Letter of Agreement and Contract
Institute. Inc.. d/h/a Institute of Police. Technology and Management ("TPTM" ), a direct suppnit organization of
the University oi'North Florida ("University"), the Vendor shall perform the services as outlined in the scope of
services (Exhibits A & B). The contract period will begin upon execution and will end on May 14, 2021.
Total contract amount will not exceed $9,513.00
The parties to this contract shall be bound by all applicable state and federal requirements as outlined in Florida
Department of Transportation (FDOT) Project #433144-1-8404, Contract #GIB36. All set -vices must be completed by
May 14, 2021. The final invoice must be received by June 4, 2021 or payment will be forfeited.
It is expressly understood that the Vendor is an independent contractor, and not an agent of the FDOT or the
University of North Florida. The FDOT and the University's ("Slate Agencies" or individually "State Agency")
respective total liability in negligence or indemnity for acts of its employees or officers shall not exceed the limits of
their waiver of sovereign immunity provided wider Section 768.28, Florida Statutes. The FDOT, the University, and
the Vendor shall each be responsible for its own attorney fees in the event of a dispute.
Vendor is a subdivision, as defined in Section 768.28, Florida Statutes, and Vendor agrees to be fully responsible only
to the extent provided by Section 768.28, Florida Statutes, for the negligent or wrongful acts or emission of any
employee of the Vendor while the employee is acting within the course and scope of the employee's employment, and
for any damages proximately caused by said acts or omissions or torts.
Nothing herein shall be construed as consent by a Stale Agency or political subdivision of the State of Florida to be
sued by third parties in any matter arising out of this contract. No State Agency or subdivision indemnifies any other
party or person beyond the extent permitted under the law, no matter what the circumstances. Nothing herein shall be
construed as a waiver by the FDOT, the University, and the Vendor of any rights or limits to liability existing under
Section 768.28, Florida Statutes.
In accordance with the contract, (lie Vendor is authorized to perform the tasks detailed in the scope of services
(Exhibits A & B) and is fully responsible for satisfactory completion of all services. Services performed prior to
receiving an executed contract from the University will not be eligible for reimbursement. This contract does not
involve the purchase of Tangible Personal Property, as defined in Chapter 273, Florida Statutes.
'('Itis is a cost reimbursable contract. To be eligible for reimbursement, all costs must be allowable pursuant to state
and federal expenditure laws, rules and regulations and must be essential to the successful completion of the tasks
identified in this contract for services.
If a cost benefits more than one project, a determination must be made and documentation provided to support that the
cost is distributed in a reasonable and consistent manner across all benefiting projects
CANCELLATION: This contract may be unilaterally cancelled by FDOT or the University for refusal by the Vendor
to allow public access to all documents, papers, letters, or other material made or received by the Vendor in
conjunction with this contract, unless Florida law provides that the records are confidential and/or exempt from the
disclosure requirements of section 24(l) of Article 1 of the state constitution and section 119.07(1), Florida Statutes.
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City of Ocoee
EXHIBIT "A"
SCOPE OF SERVICES
PEDESTRIAN AND BICYCLE SAFETY
HIGH VISIBILITY EDUCATION AND ENFORCEMENT CAMPAIGN
I. OBJECTIVE:
The Florida Department of Transportation ("FDOT"), through a grant with University of North Florida
("University"), will utilize law enforcement support to reinforce safe pedestrian, bicyclist, and driver
behaviors in priority counties in Florida. The goal of this effort is to reduce traffic crashes resulting in
serious and fatal injuries to pedestrians and bicyclists using high visibility education and enforcement
details.
I1. PURPOSE:
To 2017, 3,135 people lost their lives in traffic crashes on Florida's roadways. More than 22% of them
were pedestrians (720) and more than 5% were bicyclists (160).
The Purpose of this funding opportunity is to develop and implement effective community level high
visibility education and enforcement details in areas with the highest representation of traffic crashes
resulting in serious and fatal injuries to pedestrians and bicyclists.
The project Goal is to mitigate crashes by increasing awareness of and compliance with traffic laws that
protect the safety of pedestrians and bicyclists on Florida's roads.
Pedestrians and bicyclists are more vulnerable that all other road users. Traffic crashes involving
pedestrians and bicyclists are more likely to result in fatal or serious injuries than any other types of traffic
crashes.
Speed, impairment, and distractions contribute to unsafe conditions for pedestrians and bicyclists and may
be included in enforcement operations where there is data to support the need for these interventions to
improve the safety of pedest ians and bicyclists.
Pedestrian decoys may only be included in enforcement operations to improve driver yield rates at mid -
block crossing locations to improve the safety of pedestrians and hicyclists_
This cautpaign is a component of Florida's Dicycic/Pedcstian Focused Initiative and is implemented by
the Institute of Police Technology and Management (IPTM) under the direction of the Florida Deportment
of Transportation (FDOT). This campaign supports the goals established in Florida's Pedestrian and
Bicycle Strategic Safety Plan. High Visibility Enforcement activities are being implemented to mitigate
crashes by educating pedestrians, bicyclists, and motorists on traffic laws pertaining to pedestrian and
bicycle safety and increasing compliance with those laws.
TII. IPTM RE SPONSIBTLITIES:
IPTM will provide the required training/training materials, a copy of Florida's Pedestrian and Bicycle
Strategic Safety Plan, and educational materials to the Vendor fm distribution during enforcement
Opel ations upon contract execution. Additional educational materials, bicycle lights, and electronic media
may be requested by the Vendor but are subject to availability. IPTM reserves the right to review and audit
the Vendor's compliance with the terms of this Letter of Agreement and Contract. IPTM also reserves the
right to reduce the amount of funding allocated under this Letter of Agreement and Contract when it is
determined that the Vendor will be unable to properly utilize the full funding amount as outlined herein.
City of Ocoee
IV. VENDOR SERVICES AND RESPONSIBILI"TIES:
Vendor will provide high visibility education and enforcement of all road users, including pedestrians,
bicyclists, and motorists, to change behaviors and improve the safety of pedestrians and bicyclists. Vendor
will conduct on -street education and enforcement details at pre -approved locations within pre -approved
times and distribute educational materials with each contact. Education is the preferred method of behavior
correction. Warnings and/or citations to pedestrians, bicyclists, and motorists will be guided by the
Vendor's policies and procedures and must comply with Florida law. The Vendor shall record all detail
activity that documents the education and enforcement outputs for each detail conducted during the
contract period using the provided online platform.
To be reimbursable, activities conducted by the Vendor must meet the requirements listed in this Letter of
Agreement and Contact to include the following:
• Operations must begin within 30 days of the contract execution date. Exceptions require the approval
of IPTM.
• Only ovcrtinnc hours For sworn law enforcement officers are eligible for reimbursement (non -sworn
civilian personnel arc not eligible).
• Funds may not to be used to supplant the Vendor's enforcement and educational efforts funded by
other local, state, or federal sources. Duplicated efforts are not eligible for reimbursement.
• Vendor will not be reimbursed for education and enforcement details that take place at locations
outside of those pre -approved by the FDOT.
• Vendor will not be reimbursed for education and enforcement details that take place outside of the
day(s) and times of day pre -approved by the FDOT (each detail location may have different pre -
approved days and times of day).
• Vendor will not be reimbursed for administrative time, travel time, meal breaks or other hours that are
not for participation in the education and enforcement overtime details or attendance at required
gaining.
• Each officer is limited to a maximum of six (6) hours of reimbursable overtime in any single day
(defined as 12:00 a.m. to 1 I :59 p.m.). There is no pay period limit.
• Officer training is mandatory. For their overtime hours to be reimbursable, officers working the
education and enforcement details must fust complete the required four-hour training course titled
"Pedestrian and Bicycle Law Cnf6rcernent: Laws, Procedures and Best Practices. " To remain
eligible, officer "refresher training" is required for any officer who completed the four-hour trailing
course titled "Pedestrian and Bicvele Law Enjbrcenient: Laws, Procedures and Best Practices" rior
to June 30, 2019. The refresher gaining class titled "Pedestrian & Bicycle Safes)): A Law
Enforcement Review" is not a substitute for the 4 -hour classroom course for initial eligibility into this
program.
Note: Due to COVID-19, IPTM reserves the right to substitute the eligibility between the hyo
listed training courses. The four (4) hour classroom -based training and the two (2) hour online
refresher training course is provided free of charge through IPTM. Information on how to schedule the
four (4) hour classroom -based training or the two (2) how, online refresher training course will be
provided to all applicant agencies. The training delivery will be prioritized based on need. Officers are
not required to be trained before the agency applies for funding.
City of Ocoee
Vendor may be reimbursed fm a limited number of sworn law enforcement officers to attend the
required four-hour training course titled "Pedestrian and Bicycle Law Enforceutent: Laws, Procedures
and Besl Practices" or the two (2) hour online refresher training course titled "Pedestrian & Ricycle
Sgfe? v: A Lary Enfin•cenrent Review". For their overtime hours to be reimbursable, attendance at the
training must be within the contract period and must be on overtime status. Although every sworn law
enforcement officer may attend the training, overtime reimbursement is limited to those officers who
will actually take part in education and enforcement details.
Public awareness is a key element of the high visibility enforcement model. The Vendor is required to
distribute a minimum of two (2) media releases during the contract period, The first required media
release announcing that operations are beginning must be distributed a minimum of seven (7) days in
advance of the first cclucation/enforcement detail. The second required media release must include a
reminder that details are ongoing. This second media release must be distributed approximately
halfway through the contract period. Additional media engagement is strongly encouraged throughout
the contract period. Media releases may include social or digital media but must also be distributed
through local media outlets. Proof of media engagement must be provided within 30 days of the press
release or news report,
• The Vendor shall distribute the provided safety educational materials during all education and
enforcement details. Materials will be provided to Vendor free of charge for this purpose.
Vendor may elect to participate in bicycle light distribution to improve nighttime visibility and
contpl iance with F.S. 316.2065(7). A Bicycle Light Distribution Assurance Form provided by IPTM is
required for each bicycle light set that is distributed. The required documentation must be signed by
the officer and submitted to IPTM along with the detail report for the period in which the lights were
distributed.
Invoice submissions must document that each officer was on overtime status while working tire
education and enforcement details in order to be eligible for reimbursement.
APPROVED PERSONNEL LIST
Prior to commencing the services outlined under this contract, Vendor must submit a list of personnel
authorized to participate in overtime details under this agreement through the provided online platform.
The name and fully loaded hourly overtime rates to be used for each officer roust be submitted. The
overtime rates may include the costs of hourly overtime plus associated fringe benefits paid upon the
overtime. Only hours from officers listed and within +/- $5.00 of the rates shown on the authorized
personnel list are eligible for reimbursement under this agreement. The authorized personnel list shall be
updated as needed to add officers and update overtime pay rates.
INVOICES
Invoices must be submitted at least monthly (every 30 days), beginning within 60 days of the contract
execution date. Invoices must contain the following:
o Invoice to include summary of hours charged and total due.
Payroll documentation: Vendor must submitpayroll documentation to accompany each invoice. Thi:
payroll documentation should clearly indicate that the detail hours worked under this contract were on
overtime status along with the overtime rates that were paid. As this is a cost -reimbursable contract,
IPTM can only reimburse the Vendor for an amount up to the total costs incurred for the overtime
worked; therefore, Vendor must include tither a pay stub or payroll ledger documenting payment to
4
City of Ocoee
each officer for which reimbursement is requested. It is the responsibility of the Vendor to redact any
personally identifiable information such as Social Security numbers prior to submission.
Detail Activity: Vendor shall record detail activity that documents the education and enforcement
outputs for each detail conducted through the provided online platform The activity will document
each detail conducted and show the officers assigned, date, days and/or times, location, contacts made,
number of materials distributed, and the numbers of educational contacts, warnings and citations
issued to motorists, pcdostrians, and bicyclists for each statute. Detail Activity submissions shall be
consistent with the corresponding invoices and payroll documentation.
All invoices must be submitted through the provided online platform. In case the provided online platform
is unavailable, invoice documentation can be sent electronically to
PRE -APPROVED HVE LOCATIONS
Education and enforcement overtime details are only authorized at locations (specific intersections,
corridors, and/or regions) that have been pre -approved by the FDOT. Vendor may not be reimbursed for
efforts conducted at locations that have not been pre -approved or that take place prior to the date of the
approval.
Each pre -approved location will have clearly defined boundaries; day(s) and times of day in which the
overtime details can be worked and will be outlined in Exhibit "C".
As the goal of this initiative is to mitigate traffic crashes resulting in serious and fatal injuries to
pedestrians and bicyclists, approval decisions must be driven by data and the most severe high crash
locations for these types of collisions will receive priority approval. Less severe crash locations and other
identified hazardous areas will be approved on a case-by-case basis.
In order to quickly respond to other locations where pedestrian and/or bicyclist serious and fatal injury
crashes are developing or worsening, additional IIVE locations can receive pre -approval during the
contract period, hr order to obtain pre -approval of additional locations during the contract period, Vendor
must submit a request to IPTM in writing and provide data to support the need. If approved, the
locations) will be added to the Vendor's current executed contract and HVE overtime details will be
authorized and reimbursable after the approval date.
All HVE education and enforcement overtime detail locations must be approved by the FDOT.
REQUESTS FOR ADDITIONAL FUNDING
The Vendor may request an increase to the total firnding amount of this contract during the contract
period. If the funding is available, the increased funding request may be considered if the Vendor has:
• satisfied all of the provision listed within this contract
• submitted tiniely invoices and record of detail activity submissions
• conducted HVE overtime detail efforts in a manner that supports the stated goal
• expended 70% or more of the current contract finding amount
• pedestrian and bicyclist crash circumstances within the Vendor's jurisdiction support the increased
fitnding amount
Increased funding will be based upon availability and must be approved by the FDOT.
Increased funding will be accomplished through an amendment to this contract which must be signed by
the FDOT, Vendor, and IPTM.
Requests for increased funding must be submitted to IPTM and received by February 26, 2021.
5
City of Ocoee
NON-DISCRIMINATION AND ETHICAL STANDARDS
No person shall, on the ground of race, color, religion, sex, handicap, or national origin, be subjected to
discrimination under any program or activity supported by this contract. The agency agrees to comply with
the Florida Civil Rights Act (F.S. 760)
n(p://nvww.lal.state.fl.us/statutes/index.cfiu?Algin mode_Display Statute&URL-0700-
0799/0760/0760.1gnl
All officers participating in High Visibility Enforeelncilt activities arc rcquircd to comply will rho Law
Enforcement Officer Ethical Standards of Conduct as established by the Florida Department of Law
Enforcement. (i;un-Page/1_l
GthicaI-Stan dards-of-Conduc(.usns
CORE ACTIVITY PERFORMANCE MEASURES / MINIMUM LEVEL OF SERVICE TO BE
PERFORMED AND CRITERIA FOR EVALUATING SUCCESSFUL COMPLETION.
Each law enforcement agency is encouraged to complete all of the tasks as outlined within this contract.
All agencies are required to complete a minimum o£(80%) eighty percent of contracted efforts within the
contract period to be eligible for "agency of the year award" consideration. Each successive fiscal year,
agencies will be prioritized for funding based on percentage of performance expectations that were met.
CONSEQUENCES FOR NON-PERFORMANCE
If the Vendor is unable to properly utilize the full funding amount as outlined herein, the amount of
funding for subsequent periods may be reduced. In the event that the required services are in dispute, the
invoice may be pro -rated, reduced, or payment withheld until adequate documentation is provided to
support the completion of such services and the dispute is resolved. If requirements are not met, the
invoice will be pro -rated and payment will only be made for services that were completed as outlined in
this agreement. Failure to submit invoices, detail activity reports, or other deliverables as outlined in this
contract may result in termination of the agreement.
6
City of Ocoee
EXHIBIT "B"
EFFORT SUMMARY
FLORIDA'S PEDESTRIAN AND BICYCLE FOCUSED INTITIATIVE COMMUNICATIONS
AND HIGH VISIBILITY ENFORCEMENT CAMPAIGN
QUANTIFIABLE, MEASURABLE, AND VERIFIABLE DELIVERABLES
o At least two (2) media engagements will be conducted during the contract period.
u Detail Activity Reports will be submitted for each education and enforcement detail worked.
o Bicycle Light Distribution Assurance Forms will be provided for each bike light distributed.
o Invoices will be submitted for each month or payroll period in which overtime details were performed,
PERFORMANCE MEASURES
Proof of performance documentation must be submitted. This includes, but is not limited to, the following:
o Detail Activity Submissions
o Proof of media engagements
u Proof of overtime hours worked
Total contract amount not to exceed: $9,513.00
City of Ocoee
EXHIBIT "C"
LOCATIONS FOR THE CITY OF OCOEE
FLORIDA'S PEDESTRIAN AND BICYCLE FOCUSED INTITIATIVE COMMUNICATIONS
AND HIGH VISIBILITY ENFORCEMENT CAMPAIGN
Map Location
Roadway Name
From
I To
I Times
Da
32
Silver Slar Road
Circle Ka Drive
Lakeshore Drive
0600-0100
MWF Sal Sun
52
Colonial Drive
I Maguire Road
Blackwood Avenue
) 1000 — 0100
M, TH
® APPRE".
ov-vp�t
1(,Z Au�<'Yzv
City of Ocoee
EXHIBIT "C" — TIER I HIGH CRASH SEGMENTS
2021 HIGH VISIBILITY ENFORCEMENT PROGRAM -ORANGE COUNTY TIER 1 PEDESTRIAN/BICYCLE HIGH CRASH SEGMENTS
9
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9
City or Ocoee
EXHIBIT "C' — TIER 2 HIGH CRASH SEGMENTS
2021 HIGH VISIBILITY ENFORCEMENT PROGRAM - ORANGE COUNTY TIFR 2 PFDFSTRIAN/BICYCLF HIGH CRASH .SFGMFNTS
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10
City of Ocoee
Letter of Agreement and Contract
University of North Florida Training and Services Institute, Inc.
d/b/a Institute of Police Technology and Management
Scott Bennett) President
Cameron Pucci, Director
Date
Date
VENDOR ACKNOWLEDGEMENT: By signing below, I certify that I have read the entire document, agree to
abide by the pricing and all terms and conditions of this Letter of Agreement and Contract, and that I ani authorized to
sign for the Vendor.
Vendor Name: City Of Ocoee
Address: 150 N Lakeshore Dr, Ocoee, FL 34761
Vendor's Authorized Agent Signature
Printed Name
ALAACTUAL WRVIWAGREE k
REVIEWED AND APPROVED
�tl'irp' Rlryr�r n't= --
FDOT APPROVAL-' �' MAttE
11
City of Ocoee
Dale
Title
Florida Department of Transportation (FDOT) Project # 433144-1-8404, Contract # GIB36
State and Federal Requirements:
FEDERAL RESOURCES AWARDED PURSUANT TO THIS CONTRACT ARE SUBJECT TO THE FOLLOWING AUDIT REQUIREMENTS,
2 CPR Van 200—Unifuan Adminietralive Requimnunt.i, Cosi Principles,e Audit Requirements fmFriend Awards -:,, , iG
FEDERAL RESOURCES AWARDED PURSUANT TO THIS CONTRACT MAV ALSO HE SURJECT TO THE FOLLOWING:
Title 23 — Highways, United Stales Code
htyr. Itcotic dimlre{'IIVIYIIv',.tieAGln it
Tide49—Tianspoitalion, lJnited Slates Code
up mood,
MAP -21 —Moving Ahcad fur Progress in We 21"Cenwry, P.L. 112-141
%", dw .,vrn,.7,11
Federal Highway Administration —Florida Division
'.t',; ut'.rl, ;`Pr.dnLant' 11tin
Federal Funding Accountability and Tcvmspanency Act (FFATA) Sub -awned Reporting System (FNRS)
..ver meets w,v
FF.DERAI. RESOURCES AWARDF.T) PURSUANT TO THIS CONTRACT ARL; SUBJECT TO TILE FOLLOWING REQUIREMENTS:
Failure to submit progress rapers mrd invoices as outlined in the Letter of Agreement and Contract may result in termination of the agfcemcnl; may render the
vendor ineligible for reimbursement of expenses; and may render the vendor ineligible for future consideration for funding under this program.
If the contract is terminated, the funds may be reallocated to other contracts.
Invoices most be submitted as outlined in We Letter of Agrecnnenta nd Contract, must meet the timeline established in Life attached contract lin services, and must
include all required doinumnluliun as outlined in the contract for services.
All invoices mast contain the full details of each expenditure sufficient to support a proper pre -audit and post audit based on the scope ofwmk and services
idcntilicd in the Lctfer of Agreement and Conu'ncl.
All invoices shall be signed by an Authorized Represcntativu of the vendor or their delegate.
Payment will be made urdy neer rcouipt and approval of goods and services as outlined in We allauircd contract and cxhibils. Rthe University dcicrmines (lint We
performance of the vendor is unsatisfactory, the University shall notify the vendor' of the deficiency to be corrected, which cm rection shall he made within a time-
frame to be specified by the University.
The vendor shall, within five days after notice from the University, provide the University with a corrective action plan describing how the vendor will address all
issues ofconbncf non-perfonnoncq unacceptable perl'ananeq failure to meet (he minimae periin mance levels, delive.able deficiencies, car contract n,am-
compliance.
If rhe conautivo action plan is unacceptublc to the University, it,, vender Shill he assessed a non-pri fnrm:ureo. rnteimige egnivalma to 100G, ofthe total itivnice
amount. The rclaivagc shall be applied to Wo invoice lot fla; billing period. The retainage shell be withheld until life vcndm'resolves Ilse deficiency.
If the deficiency is subsequently resolved, life vendor maty bill the University for the rolaincd amount during Life neat billing period. If the vend., is unable t.
ma.Ive Limn deficiency, die funds retained will l e forfeited at file cud of We conhncl's term.
A Vendor Ombudsman has been established within the Deparlmcnt at Financial Nclvices. 1 he dukes of this rndll9dtial 111611d8 acting a8 all a(WOCate 101 Vendors
who may be experiencing problems in nhlaining timely paynrenl(s) (rout a state agency or University. The Vendor Ombudsman may be contacted at (850) 413-
5516.
'rime rand... shall establish fiscal control and fund accounting procuduras flint assure proper dirbucemenr and accounting of c.nlracted funds and required
expenditures. All monies spent on this contract shall be disbursed in accordance with provisions of We contract scupe of work as approved by We Univesby and
FOOT Slade Safety Office Program Manager and must meet fill stale and federal regulations anaehed or referenced in this contract.
All expenditures and cost accounting of finds shall conform to 2 CFR, Part 200, Uniform Administrative Reyuh harems, Cost Principles, and Audit
Requirements fm' Federal Awards, herein ince pomted by reference, (hercinaacr referred to as Applicable Federal Law).
The vendor agrees to comply with all applicable provisions of Chapter 257, Florida Statutes. The following provisions are stated in this contact pucsumu to
sections 287.133(2)(a) and 287.1.34(,2)(a), Florida Statutes,
(a) Seeflon 287.133 (2)(a), F.S. A person fir:dlilhou who has been placed Oil the convicted vandal list Hollowing a conviction I'or a public entity a'imn may 1101
submit a bid, proposal, or reply on a contract to provide goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public
entity fur the cuuslmetiun Of repair of a public building of public Forte may not submit bids, proposals, or replies on leases offend properly km a public entity; may
not be awarded or perfomu work as a contractor, supplier, subconlractor, or consultant finders contract with any public entity; and fifty no( transact business with
any public entity in excess of We threshold amount provided in s. 257.017 for CATEGORY TWO turn period ni 36 months following We date of being placed on
die convicted vendor list.
(b) Section 287.134 (2)(a), F.S. Au entity of affiliate who has been placed on the discriminatory vendor list may not su inhit a bid, proposal, or reply all a Collura
to provide any goods err services to a public entity; may not submit a bid, pmpusal, or reply on a contract with if public entity not the uunehuctiun err repair of a
12
City of Ocoee
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
conn'actor, supplier, subcontractor, or consultant under a contract with any public entity; laid may not It ansact business with any public cludy.
All Invoices for services shall contain the following certification statement and must be signed by the vendors financial representative:
All costs ire true anti valid ensu; incurred in accordance with the agreement, deliverables were received unit accepted."
The University and FDO'[' Slate Safety Oli[ta shall review slid approve III Oditing all amendments to emllallltant and couiretual service agfcenlWlS In tar to
execution. Only amendnicnds to the contract which achieve or improve upon the outcome of the project as demtmined by the binding agency and any state or
federal regulations that govern such changes will be considered for approval.
Requests for lnricndn¢nl shall be in the form of it written request signed by (he Authorized Representative of (he vendor'. Delegations of signature authority will not
be accepted for amendment requests without prior written approval.
Approval of this continental service agreement does not constitute approval of amendments to the contract Any contract amendment executed without prior written
approval ofde University and FOOT Slate Safety OI'[icc will not be reimbursable under Itis contract.
Tire allowability of talus incurred under any contract shall be determined in accordance with the guard principles of allovability and standards loot selected cost
items set forth in the Applicahlc Suae and Federal Law, to be eligible for redubluxement. All funds not spent in accordance with the Applicable Stale and Federal
Law will be subject to repayment by rhe vendor. Only costs directly related to (fie uppruved scope of services ivflhin the attached contract shall be allowable.
Thin State of Florida's ],or formancc and Obligation to reinibose the vendor shall be subject to the availability of Federal highway middy finds and an annual
appropriation by the Legislature As detailed in 49 CFR, Par[ 29, Gove•nmmhheide.. Deburmcnl mid Suspeusion (Nonprocurement) mid Gavcrnmen divide
Requtreat etits for Drug -Free Workplace, herein incorporated by reference, (lie vendor shall not be reinrbtu'sed for the cost of goods or services received from
contractors, consultants, vendors, or individuals suspended, debarred, or otherwise excluded From doing business with the Federal government. The Nub -recipient or
its implementing agency shall submit the require([ certification by consultants with awards in excess of the small pmnhase Threshold fixed at 10 U.S.C. 2304(g) and
41 U.S.C. 253(g) (currently $25,000).
If it vendor has not commenced within 30 days after (he acceptance of the contract, the vendor shall report by letter the steps taken to initiate lire work, [lie rcasuns
Too r delay, and the expected starting date. If, after 60 days from the acceptance of the contract, services as described herein has not begun, a further statement of
inip[emmiu tion dc[.y will fie suhnifitted by lie vendor a die University. The vendor agrees amt if tie forcer is not received in the 60 days, die Uuiverslty only
cancel (he contract. The University, Or the FDOT State Safety Office Program Manage, where warrented by excusable delay, may extend the implemen(ation date
of the project past the 60 -day period. lu this case, formal twi(Len approval will bo provided to the vendur from the University us r FDO9' Stale Safety Office Plug]aili
Manager.
Funds may not be obligated prior to the effective date or subsequent to the end date of the contract seryice period. Only costs incurred on or after the effective date
of the contract and on or prior to the end date of (lie contract ate eligible for payment. A cos[ is incurred when the vendor's employee or approved suincontlactor
pertbnus the service required to when goods are received by [he vendor, norvilbslandiug the dam of order.
In the event or default, noncompliance, of violation of any provision orthis contract by the veodm', the vendors consmllands) or contractors) and supplier(s), (he
vendor agrees that the University will impose sanctions. Such sanelions include withholding of payment, retainago, cancel to lion, terminal ion, or suspension of Tu
contract in whole or in part. In such an event, the University shall notity the vendor of such does [on 30 days in advance of the ctIcctive date of such eanction.'fhc
sanctions inhposed by the University will be based upon the severity of the violation, die ability to remedy, and the e11'ecl on contract performance.'fire vendor strait
be paid only for (]lose services snt.isfactnrily perlixmed prior to the ellcctivo dale of each sanction.
The University, Flodda Department ofTransportalion, Federal Highway Adm inis[ralion (FHWA), Chief Financial Officer (CFO), and Auditor General (AG) at'( he
Slate of Florida, or airy of their duly authorized representatives, shall have access to all books, documents, papers, and records Of the vendor pertaining m this
vutraur, and to rolmmnt booku and ro endo of d0,..mido" and iter eenoubrow and eminnctera undo this eoonvwt far thv purpose e£:,udif nod evnn,:mfo„ o.
provided under Applicable Federal Law.
In addition to review of audits conducted in accordance with 2 CFR Pair 200, herein incorporated by reference, nhuni[mring procedures may include, ou-situ visits
by Univicesity nal f, limited scope audits no defined by 2 CI7R Pct 200, and claim; checks of oonlect activity vin telephone sells from University ston'to vendors.
By entering ism this contract, file vendor agrees to comply and cooperate with monitoring procedures, m the event mat a limited scope audit of Elie contract Is
performed, tie vendor agrees to bring tiro project into compliance With the contractual service agreement. The vendor Cutler agrees to comply and cooperate with
tiny inspections, review.,, investigations, or solids decided necessary by the Chief Financial Officer or Auditor General.
The vendor agrees to comply with all provisions provided it, Chapter 119 Florida Statutes. if the vendor receives a public records request concerting its work
undertaken pursuant to this conit c(, de vendor must take appropriate notion as required by Chapter 119, Florida Statutes,
The University shall unilaterally cancel [his en timet tribe vendor refuses to allow public access to all documents, papers, letters, or other material subject to Tic
provisions ol'Chaptcr 119, F.S., and made ar received by (he vendor or cmujuhcliuu with this contract.
Records of costs incurred under the tenns orthie craned shmdl be maintained and made available upon regacst to the University tall times during the period of [his
contract and for rive years niter f incl payment is rondo. Copies of these documents mid records shall be furnished to the University upon request. Records (it costs
incurred include lie vendors general accounting records and the contract records, together with supporting documents and records, at' (lie vendor and all
subcontractors perfr, ming work on the contract. and all other records of the vendor and subcontractors considered necessary by T1s University for a proper audit of
costs.
The administration of resources awarded through lie University to the vendor by chis Agreement may be subject to audits and/or man i[tiring by the IT" ver si ty . The
following requirements do not lin tit the autrori[y of the University to conduct or armnga for additional audios, or evaluations of contracts issued position to Federal
awards or limit the authority crony State agency inspector general, the Suite or Florida Auditor Oeucrd or any .then Srntc ofricirJ. The vendm'shnll comply with
all audit unit umlil rcpnring myuircmm�lti :cs ;peel lied ic(ow.
13
City of Ocoee
(a) In addition to reviews ofaudiis 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 University staff and/or other procedm'es including, reviewing any required performance and financial reports, li flowing up, ensuring
con'cctive action, and issuing management decisions on weaknesses found duough audits when those fundings pertain to contracts Issued pursuant to Federal
awards provided through the University. By entering into this court act, the vendor agrees to comply and cooperate fully will any monitoring procedures/processes
deemed appmpriare by the University. The vendor fiuthcr agrees to comply and cooperate will, any inspections, reviews, investigations, or audits decried necessary
by (he University, Slate of Florida Chicf Financial Officer (CFO) or Sbac of Florida Auditor General.
(b)'file vendor, a non -Federal entity as defined by 2 CFR Part 200, Subpart F— Audit Requirements, as a sub -recipient of a contract alsuan[ to a Federal award
awarded by the University is subject to the following requirements:
(1) In (he event the vmltlur expends a total amount of conuacled fonds pursuant to a Fcdcral awsmd equal to or in excess of toe ill'cahOld established by 2
CFR fal1200, Subpart F— Audi( Requirements, the vendor must have it Federal single or progrtun-spceitic audit for such tl5eal year conducted in
accordance with the ptnvisious of 2 CFR Part 200, Subpart F— Audit Requirements, This conuact provides the required Federal award identification
Information needed by the vendor to Ruder comply with the requirements of 2 CFR Pm't 200, Subpart F — Audit Requiremcnls. In determining
connactcd funds pursuant to Fcdcral awards expended in a fiscal year, the vendor most consider all sources .1'1'.d ... I awards boned no whom tho
activity elated to the Federal award Occurs, including the Federal award provided through the Univendty, by this contract. The determination of amounts
of Federal Iy awarded folds expended should be in accordance with the guidelines established by 2 CPR Part 200, Subpat F— Audit Requirements. An
audit conducted by the State ot'Florida Auditor Gentnal in accoxlanee with the provisions of 2 CFR Par1200, Subpart F— Audit Requirements, will
nice( the requirements of (his part.
(2) In connection with the audit requirements, the vendor shall fiilHll the requirements relative to the audilce responsibilities as provided in 2 CPR Part
200, Subpart Ir —Audit Requircmcnts.
(3) In (Ile evoin the vendor expends less than the tht'eallold established by 2 CFR Part 200, Subpart F —Audit Requirements, 111 federal awards, the
vendor is exempt From Federal audit requirements for that lined year. However, the vendor :rust provide a single audit exemption statement to the
Florida Department olfirmsportalion atMiff StnJt!t}Id_Ifudol sr to 11m no liner than nine months after the end offlit sub-iccipicnPs audit period for
tach applicable audit year. In the event tie sub -recipient expends less than the threshold established by 2 CFR Part 200, Subpart F— Audit
Requirements, in Federal awards in a fiscal year mid elects to have an audit conducted in accordance with the provisions of 2 CFR Pail 200, Subpart F—
Audit Requironcros, the cost ofthe audit must be paid from non-Fcdcral resources (i.e., the cost Of such un itudit must be paid from (he vendors
rauu¢es obtained tion Other Wel Federal entities).
(4) "flu vendor raid cicch'onically submit to the Federal Audit Clearinghouse (PAC) at hips: iharvc,wr.canw_..µuv%Ira. accW the audit reputing package
as required by 2 CFR Part 200, Subpart F— Audit Requirements, within the earlier o1'30 calendar days after receipt of the auditor's report(,) or nine
months after the end of die audit period. The FAC is the repository of record for audits required by 2 CFR Part 200, Subpart F —Audit Requircmcnts,
and this Agreement. However, the Florida Department offralsprrtution requires a copy of ale audit repotting packuge also be submitted to
I I )o 1,tiiagk:Ataflua dot.sunc. fru within the earlier of 30 calendar days after receipt otlhe auditor's repos t(s) or nine niontlhs rile' We end of the audit
period as required by 2 CFR Pull 200, Subpart F—Audit Requirements,
(5) W Ithhn six nu Alts of acceptance of the audit report by the FAC, the Florida Department of Transportation will review the suh-rceapictihs audit
reporting packago, including corrective action plans and nianagcnient leucts, to the extent necessary to determine whether timely and appropriate action
on all deficiencies has beet, lniten pertaining o the Federal award provided duough the University by this court act, if the vendor fails to have an aaulit
conducted in accordance with 2 CPR Part 200, Subpart F— Audit Requirements, the University may impose additional conditions to comedy
nonconrplience. )f ilio University or the Flm'ida Dcparbnenl of Transportation determines that noncompliance cannot be remedied by imposing
additiomd conditions, the University may take approprimuac(ions to enforce compliance, which actions may inuludu but not be limited to the following:
a. 'fempurmiIy withhold cash payments pending coruotiun of (he deficiency by me vender or more severe enforcement action by the
University;
h. Disallow (deny the use of lands for) all orpint of the cost of the activity or action not in compliance;
C. Wholly or partly suspend or terminate the contract;
(. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180 and Federal awarding agency regulations (or in the case
oldie University or tire Florida Department of Transportation, recommend such a proceeding be initiated by the Federal awarding agency);
C. Withhold fiuWer connivers pursuant to Federal awards for the Pt'oject or program;
is 'fake Other remedies that may be legally available.
t0) As a condition of receiving this contract, die vendor shall permit die Univasity, or its designee, the CFO or Slate of Florida Auditor General access
to die vendors records• including financial statements, the independent audika's working papers and contract records as necessary. Records related to
utucsulved audit findings, appeals or litigation shall he retained until the action is complete or the dispute is resolved.
(7)'Ihe contact infonum um fur requirements under this part is ns follows:
office of Co iplmler, MS 24
605 Suwannee SO'eet
Tallahassee, Florida 32399-0450
19)0'1. Ri nit I;_A ud il0iali,nl_51_d,',11.11F
(8)'I'he vendor agn'ces to comply with Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section
20,055(5), Florida Statutes, The vendor shall retain sullicicnl records demonstrating its compliance with the terms of this contract for a period of live
years from the date the audit report Is Issued and shall allow the University, or i(s designee, the CFO or Stale of Florida Auditor Gcncial access to such
14
City of Ocoee
records upon toques(. The vendor shift[ ensure flint die audit working papers ore made available to the University, of its designee, the CFO, or Slate of
Florida Auditor General upon request rier a period of live years limn (he date the audit report is issued unless extended in writing by (be University.
The vendor shall esmblisb and administer a system do control, protect, preserve, use, and maintain and track any property or materials purchased pursuant to this
contract.
Any dispute, disagreement, or question of fact miring under the contract only he addressed to the Program Manager in the FDOT Saute Safety Office to writing.
The Program Managers decision only be appealed in writing within 30 calendar days from (lie notification to the Covet noes Highway Safety Representative, whose
decision is final. Address' arc:
Florida Ucparinwnt or Ilauyrortair..,
Ann: Trend,, McPherson, State 13 oycic Pcdestin. Safety Program Manager
State Safcly Office, MS 53
605 Suwannee SEE ce(
Tallahassee, Florida 32399-0450
Flom'ida Department of Transportation
Attn: Governor's Highway Safety Representative
State Safety Office, MS S3
605 Strwannee SoCcE
'I'll lahassce, Florida 32399-0450
The veudur shall proceed diligently with the pcdormanco ufthe work in accordance with the contract and in accordance with the decision(s) resulting floor dispute
resolution.
Conferences may be hold at die request of any party to (his contract. Representatives of the University, Florida Department of Tianspoi tation, or die U.S.
Department of`Il'ansportation (USDOT), Cr all the above, shall be privileged to visit the site to'the purpose of inspection and assessment of work being pe ro rued
at any time.
Subject to the limitations of Section 76X.28, Florida Statutes, the vendor and any subcontractors that are party to this contract shall be required to defend, hold
harmless and indemnify die University, the Florida Department of Transpnfill Lion, NHTSA, FH4VA, and USDOT, from all claims mid liability, or both, due to
negligence, Iwkicssucss, or intentional wiengfid misconduct of the vendor, its contractor, consultant, agents and employees. Tire vendor and its oonouctors,
consultants, figen is, or employees shat) be liable for any loss of, or damage to, any material purchased or developed under this contract which is caused by the
vendor and its Contactors, consultants, agents, or employees failure to exercise such care in regard to said material is n reasonable careful[ owner of similar
materials would exercise. The panics executing this contract specifically ugrec don no provision in Otis conduct is intended in creole in the public or any member
thereof, a third party beneficiary, or to authorize anyone not a parry to this contract to maintain a suit for personal injuries or property damage pursuant to the terms
or provisions of this contract.
Disadvantaged Business Enterprises (DBL)
(a) The vendor and its contractors, consultants, agents, or employees agree to die following assn rice:
The vendor, its contractors, consultants, agents, or employees shall not discriminate on the basis of race, color, national origin, or sex in the award and purlormanee
of wry USDOT-assisted Co tract or in the administration of its D13F program required by 49 CFR, fart 26, herein incorporated by rekiest". "fine vuru tn'shall take
all necessary and reasonable steps under 49 CFR, Pan 2 to ensure nondiscrimination in the administration ofUSDOT assisted contracts. Implementation ofihis
contract is a Iogal obligation unit failure in carry out these requirements is a material breach of Iiia contract, which may result in (he termination of life comae( err
such other remedy, us die sub -recipient, its implementing agency, ur the Dcpanme t deems appropriate. Upon notification in dile vendor of its fziltun to carry our
its approved contractual services, die USDOT may impose sanctions as provided for under Part 26 and fully, in appropriate cases, refer the matter for enforcement
wilder 18 U.S.C. 1001 and/or the progrmn Proud Civil Rwnedles .het of 1986 (1 t U.S.C. 1901 et swp), heroin 4. ew,poramd by r,dbmnrn
(b) Tlicvendor and its contractors, consultants, agents, or employees agree to include the following assurance in each subcontract with a consultant or contractor
cold t0 rinthe the consultants or subcontractor to include this aSSW duce ill all apbscqucot cuudactS:
Tho rondo', and ion emnnotorar voaoaha nng ait.on" o mPloy. „gnat w --ply -d ...p.:. o.,n��dmor<.�..,I .,.L�....tr.�.trs b. -Ply ..will, 49 r FR, No M,
New Resu'ic(ions on Lobbying, herein incorporated by rel'crenec, for filing nt'cerlilication and disclosure loins.
No ]'fonds contracted hereunder shall be used for the purpose of lobbying the legislature,judicial branch, or state agencies. Section 216.347, Florida Statutes.
None of the funds under this contract will be used for any activity specifically designed to urge or influence a Slate or local legislator to favor or oppose Elie
adoption of any specific legislative proposal pending before any Sonic or local legislative body. Such activities include both direct and indirect (e.g., "grassroots")
lobbying uctivitieS, with opo exception. This dues not preclude a Slate Crucial whose salary Is supported with NHTSA funds lYmn engaging in ([[Feet
communications will State or local legislative officials, fit i ccndanue with uumtnn ry Stan, p ... dus, Cven IC9lleb cnnnnamcahgp9 urge logislmivo Mtioiole to favor
or oppose the adoption ofit specific pending legislative proposal.
if any provision of dhiS contract is held invalid, die remainder of this contract shall not he affected. in such an instance the remainder would then continue to
conlonn to the terms and requirements Cf applicable law.
Outreach items cannot be freely distributed to the public without any action oh a vendors pan. Persons receiving Entrench items should intemcl with the vendor in
sonic manner related to tie goal of the contract to receive them. Tire results offutch interactive aeivity must be reported in the monthly Performance report.
For contracts in excess orS 100,100 the vendor and its contractors, consultants, agents, or employees agree to connply with all applicable smndwds, orders, or
regulations Issued Inusuaut to life Clean Air Act (42 UXC. 7401 ct seq.) and fire Fcdo'ul [Vater Pollution Control Act 03 II.S.C. 1251 of ser.), herein incorporated
by reference. The vendor shall include this provision in all subcontract awards in excess of $1110,000.
The vendor and its contractors, consultants, agents, or employees agree that the University shall find the vendor and its contractors, consultants, agents, or
employees ineligible for future funding for any of"the f'ollmving fcnsons:
15
City of Ocoee
a Failure to provide therequired audits
o Failure to provide required reports in the required time fi'wnc
o Fui lure to purtbnn work described in the contract scope ofscrviccs
c Providing fraudulent reports or invoices
o Misuse of materials or equipment provided an this contract
Each vendor and i is cunt. actors, consultunls, and/oagents, shat l have a tai iiten safety belt pot icy, which is enforced for al l employees. A copy or the policy shal l
be maintained by the vendor and/or contractor, consultant, or agent and made available air review if requested.
No person shall, un the grounds of nice, color, reIiglon, sex, handicap, or national might, be excluded Irons paricipatiun in, be refused the benefits uf, or be
otherwise subjected to discrimination under this contrncl, or any project, program, or activity that receives or benefits from this contract. The vendor and its
contractors, consultants, agents, or employees agree to comply with Executive Order (E.O.) 11246, as amended by E0. 11375, and as supplemented by 41 CFR,
Part 60, herein incorporated by reference.
Vendors shall
(a) Utilize the U.S. Department of Ilonictand Security's I Verify system to verify die employment eligibility of all new employees his by the
Vendor /Contractor during the tern of Else eon ilw
(b) Expressly require any subcontraclore porlimuing work or providing services pursuant to ser state contract to likewise utilize (lie U.S. Department of
Dumdnnd Security's E -Verity system to verity, the employment eligibility of all new employees hired by the subconhnclor during the consort term.
The vendor anti its corset tri, consultants, agents, or employees unilaterally agree to comply with all State laid Federal Regulations referenced within and
puna ant to this conuact
Vendors will comply with all Federal shutes and imp lamenting regulations elating to nondiscrimination ("Federal Nundiserimination Authorities"). These
include but are not lindwd lo:
(a) Tide VI of die Civil Rights Act of 1964 (42 U.S.C, 2000d et seq„ 73 suit. 252), (prohibits discs iminatiun on the basis of race, color, national origin) and 49 CPR
part 21
(b) The Uniform Relocation Assistance and Real Property Acquisition Policies Ac( of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persona displaced or
whose properly has been acquired because of Federal or Federal -aid programs and projects) 500-065-01 SAF'FTY 04/17 19
(c) Federal -Aid Highway Act of 1973, (23 U.S.C. 324 et self), and Title IX of [lie 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 ofthe Rehabilitation Act of 1973, (29 U.S.C. 794 cl seq.), as amended, (prohibits discrimunali in on the basis ofelis'ability) and 49 CFR part 27
(e)'fire Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et scgJ, (prohibits discrimination un the basis of age)
(t) The Civil Rights Ractmalion Act of 1987, (Pub. L. 100-209), (broadens scope, coverage and applicability of Title VI of lire 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 ll: trams' `programs to netivitics" to include all of
the programs or activities of the Fuderal aid recipients, Subs c6plmit's and curb actors, whcdcr such programs w' activities are Federally funded or not)
(g) Titles lI and III of the Americans with Disabilities Act (42 U,S.C. 12131-12189) (prohibits discrimination on tire basis of disability in the operation of public
entities, public and private transportation systems, places of public accmmnotlation, laid certain testing) and 49 CFR parts 37 and 38
(h) Executive Order 12598, Federal Actions To Address Environmental Justice in Minority Populations and Low Income Pupulutions (prevents discrimination
against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human healdh or environmental effects of
minority and low income populations); and
(i) Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against') -ill: Vf national origin
diserimivalion/discrimination because of limited Engllsh proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure first LEP persons
have nmaningful necess to programs (70 FR 74087-74100).
During ole Purace ounce of ails subgnut, tine Subs c:ipient agrees:
(n) To comply will, all Federal nondiscrimination laws and regulations, as may he amended door time In time
(h) Not to participate directly or indirectly in the discrimination prohibited by, any Federal non-discrimination law or regulation, as set fordo in appendix B of 49
CFR pad 21 and herein
(-) T.. r—;r h. L..n4e, —A., n .m...d�, ml,— m��e aria fn rmnlinn, nod its fnflhf "r, "moi "d by n1e. pDOT Sinlr Roily 011ice. I IS 1161' or
NHTSA
(d) That, in event a vendor ('ails so comply with any nondiscrimination provisions in this contract, tine University will have die right to impose such conoid
sanctions ax it, the Ronda Department of Transportation, or USDOT determine am apprmpriatc, including but not limited to withholding payments to die vendor
under the contracJag¢ancnl until the vendor complies; mud/or cnncclliog, terminating, or suspending a contract or funding agreement, in whole or in purl
(c) To insert this clause, including paragraphs "a" through `a", in every subconhacl and sub -agreement and in every solicitation for a subcontract or sub-agfeenmai,
which receives Federal fluids under this contract
The vendor will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment
activities are Funded in whole or in part with Federal funds. 500-065-01 SAFETY 04/17 20 49. Certification Regarding Federal Lobbying. The vendor certifies, to
lite bust offiis u' her knowledge and belief, that:
(a) No Federal appropriated funds have been paid or will be paid, by of on behalf of -the undersigned, to any person for influencing or nuempting to iNluence an
officer or employee of any agency, a Member of Congress, an off icer err employee of Congress, or an employee ofa Member of Congress in connection with lire
awarding ofany Federal contract, the nuking .['any Fedend grant, the making ol'any Federal Inan, the entering into of any cooperative agreement, and file
cxtcnsion, 00"onaadi0n, tenownl, numndment, or modification of:my Federal contrncl, point, loan, of cooperative agreement.
(b) If any funds otrer than Federal appmprialed 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, all officer o' employee of Congress, or an employee ora Member of Congress in connection with this Federal contract,
grand, Joint, or cooperative agreement, the undersigned shtdl complete and submit Standard Forra-LLL, "Disclosure Form to Report Lobbying," in accordance with
its inst ed....s.
(c) The Subrecipicut steal I require that the language of this certification be included in the award documents 1'or all sub award at all burs (4wlpding subcontm ets,
subgrants, and contracts under' grant, mems, and cooperative am ecmcnts) and drat all Subrcciplena shill cedi try and disclose accordingly. This cerllfiration is a
material rcpresctatiun of fact upon which reliance was placed where this transaction was made or entered into. Submission of(bis certification is is prerequisite for
16
City of Ocoee
making or entering into [his transaction imposed by section 1352, Li tic 31, U.S. Cotte. Any person who fails to lite the required certification shall be subject to a
Civil pcuully of nrol IUS5 than $10,000 as not moat, than S 100,000 for each such finihvc.
17
City of Ocoee
Attest:
Melanie Sibbitt, City Clerk
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY this _ day of , 2020.
SHUFFIELD LOWMAN & WILSON, P.A.
By:
City Attorney
CITY OF OCOEE, a Florida municipal
corporation
LIN
RUSTY JOHNSON
Mayor
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
ON , 2020, UNDER
AGENDA ITEM NO.
Page 1 of 1