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HomeMy WebLinkAboutItem 04 Approval of the Florida’s Bicycle Pedestrian Focused Initiative: Communication and High Visibility Enforcement Grant ocoee florida AGENDA ITEM COVER SHEET Meeting Date: November 2, 2021 Item # 1-1 Reviewed By: 6AV:R644414,4d4 Contact Name: Deputy Chief McKinstry Department Director: Chief Saima Plase , - Contact Number 407-554-7192 City Manager Robert Frank Subject Approval of Florida's Bicycle Pedestrian Focused Initiative: 'Co Munication and High Visibility Enforcement . . Background Summary: This year, $6,374.09 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 $6,374.09 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$6,374.09 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 $6,374.09 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 with Amendments Financial Impact: $6,374.09 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 5e) Public Hearing For Clerks Dept Use Ordinance First Reading [ Consent Agenda Ordinance Second Reading 1: Public Hearing , Resolution ; - : RarAgOnd 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 Lva Os Ds _ /0 SY) tir-W N/A Reviewed by Finance Dept. Rebecca Roberts (10/25/2021 via email) N/A Reviewed by N/A 2 • DocuSign Envelope ID:6FODB97A-OAA3-4F2A-85A4-58FBCE04FDD5 • Florida Department of f Transportation RON DF.SANTIS 605 Suwannee Streei KC\'IN 3.THIRAM,P.E. GOVERNOR Tallahassee,FL 323q9-0'15O SLCRa1ARY August 3,2021 Ms. Sharon Murchison, Coordinator • 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: Cominunication and High Visibility Enforcement Project Number: 433144-1-8404 5 Contract Number: G1X15 Dear Ms.Murchison: We have reviewed the attached draft subcontract agreementwith the City of Ocoee for High Visibility Enforcement in the amount of$3,698.55 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 13,2022 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 trenda.incplierson(aidot.state.fi.us or (850)414-4025, ' Sincerely, Trenda McPherson,FCCM State Bicycle Pedestrian Safety Program Manager /tm cc: Project File www.fdot.gov DocuSign Envelope ID:6FDDS97A-0M3-4F2A-85A4-58FBGEO4FDD5 Letter of Agreement and Contract In this contract between the City of Ocoee("Vendor")and University of North Florida Training and Services Institute,Inc.,d/bla Institute of Police Technology and Management(tlIPTM"),a direct support organization of the University of North Florida("University"),the Vendor shall perform the services as outlined in the scope of services (Exhibits A&B).The contract period will begin upon execution and will end on May 13,2022, Total contract amount will not exceed$5,698.55 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#G1X15:All services must be completed by May 13,2022.The final Invoice must be received by June 3,2022 or payment will be forfeited. It Is expressly understood that the Vendor Is an Independent contractor,and not an agent of the FOOT or the University of North Florida. The FDOT and the University's("State Agencies"or individually"State Agency")respective total liability In negligence or Indemnity for acts of Its employees or officers shall not exceed the limits pf their,waiver of sovereign Immunity provided under Section 76828,Florida Statutes.The FOOT,the University,and the Vendor shall each be responsible for its own attorney fees in the event of a dispute. To the fullest extent permitted by law, the vendor shall indemnify and hold harmless IPTM 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 contractor/consultant and persons employed or utilized by the contractor/consultant in the performance of this Agreement. Thisindemnificatipn 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 lPTM's sovereign Immunity. Vendor is a subdivision, as defined in Section 768.28,Florida Statutes,and Vendor agrees to befully responsible only to the extent provided by SeCtion 768.28,Florida Statutes,for the negligent or wrongful acts or omission of any employee of the Vendor while the employee is acting within the course and scope of the employee's employment,and for any damages proximately caused by said acts or-omissions or torts. Nothing herein shall he construed as consent by a State Agency or political subdivision of the State of Florida to be sued by third parties in any matter arising out of this contract. No State Agency or subdivision indemnifies any other party or person beyond the extent permitted under the law,no matter what the circumstances.Nothing herein shall be construed as'a waiver by the FOOT,the University,and the Vendor of any rights or limits to liability existing under Section 768.28, Florida Statutes. In accordance With the contract, the Vendor is authorized to perform thetasks detailed In thescope of services (Exhibits A&13)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 fcir reltriborsement.This contract does notinvolve the purchase of Tangible Personal Property,as defined In Chapter 273, Florida Statutes, This Is a cost reimbursable contract. To be eligible for reimbursement,all costa 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 FOOT or the University for refusal by the Vendor to allow public access to all documents,papers, letters,or other material made or received by the Vendor in conjunction with this contract,unless Florida law provides that the records are confidential and/or exempt from the disclosure requirements Of section 24(1)of Article 1 of the state constitution and section 119.07(1), Florida Statutes. 1 City of Ocoee • DocuSign Envelope ID:6FODB97A-OAA3-4F2A-85A4-58FBCE04FDD5 EXHIBIT„A„ SCOPE OP SERVICES PEDESTRIAN AND BICYCLE SAFETY HIGH VISIBILITY EDUCATION AND ENFORCEMENT CAMPAIGN -OBJECTIVE: The Florida Department of Transportation("FDOT"), through a grant with University of North Florida ("University"),will utilize law enforcement support to reinforce safe pedestrian,bicyclist,and driver behaviors In priority counties In Florida.The goal of this effort Is to reduce traffic crashes resulting in serious and fatal injuries to pedestrians and bicyclists using high visibility education and enforcement details. II. PURPOSE: In 2019,3,185 people lost their lives in traffic crashes on Florida's roadways, More than 23%of them were pedestrians(734)and more than 4%were bicyclists(156). • 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 safely 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 pedestrians and bicyclists. Pedestrian decoys may only be included in enforcement operations to improve driveryield rates at mid- blocic crossing locations to Improve the safety of pedestrians and bicyclists. This campaign is a component of Florida's Bicycle/Pedestrian Focused Initiative and is Implemented by the Institute of Police Technology and Management(IPTM)under the direction of the Florida Department of Transportation(FDOT).This campaign supports the goals established In Florida's Pedestrian and Bicycle Strategic Safety Plan.High Visibility Enforcement activities are being implemented to mitigate crashes by educating pedestrians, bicyclists,and motorists on traffic laws pertaining to pedestrian and bicycle safety and Increasing compliance with those laws, III. IPTM RESPONSIBILITIES: IPTM will provide the required training/training materials,a copy of Florida's Pedestrian and Bicycle Strategic Safety Plan,and educational materials to the Vendor for distribution.during enforcement operations upon contract execution.Additional educational materials,bicycle lights,and electronic media may be requested by the Vendor but are subject to availability.IPTM reserves the right to review and audit the Vendor's compiiance 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. W. VENDOR SERVICES AND RESPONSIBILITIES: Vendor will provide.high visibility education and enforcement of ell 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 2 City of Ocoee DocuSign Envelope ID:6FODB97A-OAA3-4F2A-85A4-58FBCE04FDD5 • the Vendor's policies and procedures and must comply with Florida law.These operations are designed to reach more than Just the individuals v.vhaare stopped or contacted,they should also be highly visible to anyone driving,walking,or biking in the area in a way that associates the enforcement activity with the Safety awareness campaign.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 Contract to include the following: • Operations must begin within 30 days of the contract execution date. Exceptions require the approval of IPTM. • Only overtime hours for sworn law enforcement officers are eligible for reimbursement(non-sworn civilian personnel are not eligible). a Operations must be highly visible to anyone driving,walking,or biking In the area. It is strongly suggested that operations Include a cOmbination of high visibility elements with a coordinated media awareness campaign similar to those used in sobriety checkpoints or other enforcement mobilization, • 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 • Vendor will not be reimbursed for education and enforcement details that take place at locations outside of those pre-approved by the FOOT and outlined In Exhibit C of this agreement, • Vendor will not be reimbursed for education and enforcement details that,take place putside of the day(s)and times of day pre-approved by the FDOT and outlined in Exhibit C of this agreement(each detail location may have different pre-approved days and times of day). • Minimum Level of Service Vendor shell conduct highly visible education and enforcement operations at each of the Identified locations outlined In Exhibit C of this agreement,prioritizing efforts towards higher ranked locations. If the Vendor has Tler 1 and Tler locations listed In Exhibit C of this agreement, HVE efforts will Only be worked at Tier 1 locations from the date of this agreement through February 28,2022. Beginning March 1, 2022,both Tler 1 and Tier 2 locations may be worked for the remainder of the contract period.If the Vendor has only Tier 2 locations listed In Exhibit C of this agreement, HVE efforts will be worked from the date of this agreement through May 13,2022. A minimum of two(2)media engagements shall be conducted in conjunction withthese high visibility enforcement operations during the contract period. Vendor performance will be evaluated based on their prioritization of enforcement details to areas with the highdst representation of traffic crashes resulting in serious and fatal injuries to pedestrians and bicyclists and on the visibility of the mobilization as a component of the Alert Today Florida Agency of the Year Award, included In Florida's Law Enforcement Challenge. • 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 aimed at reducing traffic crashes resulting in serious or fatal injuries to pedestrians or bicyclists,or attendance at required training outside of the training requirement listed within this contractual service agreement. • Each officer is limited to a maximum of six(6)hours of reimbursable overtime in any single day (defined as 12:00 am,to 11:59 p.m.). There is no pay period limit. 3 City of Ocoee DocuSign Envelope ID:6FODB97A-OAA3-4F2A-85A4-58FIEICE04FDD5 0 Officer training is mandatory. For their overtime hours to be reimbursable,officers working the education and enforcement detalls-must first Complete.the required four-hour training course titled "Pedestrian and Bicycle Law Enforcement:Laws, Procedures and Best Practices." To remain eligible, officer"refresher training"Is required for any offIcerwho completed the four-hour training course titled - "Pedestrian and Bicycle Law Enforcement:Laws, Procedures and Best Practices"prior to June 30, 2020, The refresher training class titled"Pedestrian&Bicycle Safety:A Law Enforcement Review'Is not a substitute for the il-hour classroom course for initial eligibility Into this program. • Vendor may be reimbursed fore limited number Of sworn law enforcement officers to attend the required four-hour training course titled"Pedestrian and Bicycle LawEnforcement;Laws, Procedures and Best Practices"or the two(2)hour online refresher training course titled"Pedestrian &Bicycle Safely:A Law Enforcement 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 education/enforcement detail.The second required media release must include a reminder that details are ongoing.This second media release must be distributed approximately halfway through the contract period.Additional media engagement is strongly encouraged throughout the contract period. Media releases may include social or digital media but must also be distributed through local media outlets.Proof of media engagement must be provided within 30 days of the press release or news report. • The Vendor.shall distribute the provided safety educational materials during all education and enforcement details. Materials will be provided to Vendor free of charge for this purpose,. • Vendor may elect to participate In bicycle light distribution to.Improve nighttime visibility and compliance with F.S.016.2005(7).A Bicycle Light Distribution Assurance Form provided by 1PTM Is required for each bicycle light set that is distributed.The•required documentation must be signed by the officer and submitted to IPTM or through the provided online platform 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 the education and enforcement details In order to be eligible for reimbursement, HIGH VISIBILITY ENFORCEMENT(HVE) All law enforcement agencies shall conduct High Visibility Enforcement while conducting enforcement under this contractual service 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. 4 City of Ocoee • DocuSign Envelope ID:6FODB97A-OAA3-4F2A-85A4-58FECE04FDD5 APPROVED PERSONNEL UST 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 must 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 44-$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. METHOD OF COMPENSATION/PAYMENT SCHEDULE Invoices must besubmitted 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, o Payroll documentation:Vendor must submit payroll documentation to accompany each invoice.This payroll documentation should clearly Indicate that the detail hours worked under this contract were on overtime status alone with the overtime rates that were mild. 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,Vender must include either a pay stub or payroll ledger documenting payment to each officer for which reimbursement Is requested, It is the responsibility of the Vendor to redact any personally identifiable Information such as Social Security numbers prior to submission. • Detail Activity: Vendor shell record detail activity that documents the education and enforcement outputs for each detail conducted through the provided online platform. The activity Will document that each detail conducted meets the minimum level of service as outlined In this agreement 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,pedestrians,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 ped.blke.sefetv@iptm.ore. All requests for reimbursement shall be signed by an Authorized Representative of the Vendor;or their delegate. The University has 40-days to review and process Invoices for services.This process begins on the date the Vendor invoice is received, inspected,and approved. Invoices may be returned If not completed properly. If a payment is not available within 40 days from the University 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 invoice amount,to the Vendor, Interest penalties of less than one(1)dollar will not be enforced unless the Vendor requests payment,Invoices that have to be returned to a Vendor because of Vendor preparation errors will result in a delay in the payment and is not subject to the interest penalty.The Vendor payment requirements do not start until a properly completed financial reimbursement request is provided to the University. FINANCIAL CONSEQUENCES Payment shall be made only after receipt and approval of services provided, If the University determines that the performance of the Vendor does not comply with the contract requirements,the University shall notify the Vendor of the deficiency to be corrected, and the correction shall be made within a timeframe to be specified by the University. If the deficiency is subsequently resolved,the University agrees te pay the 5 City of Ocoee DocuSIgn Envelope ID:6FODB97A-OAA3-4F2A-85A4-58FBCE04FDD5 invoice(s)for the unpaid amount(s)during the next billing period,if the Vendor is unable to resolve the deficiency,the funds shall be forfeited at the end of this contractual service'agreement. 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,that take place prior to the date of the approval of this agreement,or that do not comply with the minimum level of service as outlined in this agreement. 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. REQUESTS FOR ADDITIONAL FUNDING The Vendor may request an increase to the total funding amount of this contract during the contract •period. if the funding is available,the increased funding request may be considered If the Vendor has: • satisfied all of the provision listed within this contract • submitted timely invoices and 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 funding amount • pedestrian and bicyclist crash circumstances within the Vendors jurisdiction support the increased funding amount Increased funding will be based upon availability and must be approved by the FOOT. 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 on or before February 28,2022. • 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) littp://wwwjeci.statenusistatUtes/index,chn?App mode=Displav Statute&URL=0700- 0799/0760/0760.html • All officers participating in High Visibility Enforcement activities are required to comply with the Law Enforcement Officer Ethical Standards of Conduct as established by the Florida Department of Law Enforcement. httes://wwW.fdlettate.flus/ConfentfCJ8T/Menu/Officer-Requirementh,-Main-Paee/LE- Ethical-Standards-of-Conduclespx CORE ACTIVITY PERFORMANCE MEASURES I 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 es outlined within this contract. All agencies are required to complete a minimum of(80%)eighty percent of contracted efforts within the contract period to be eligible for"agency of the year award"consideration. Each successive fiscal year, agencies will be prioritized for funding based on percentage of performance expectations that were met. CONSEQUENCES FOR NON-PERFORMANCE If the Vendor is unable to properly utilize the full funding amount as outlined herein,the amount pf funding for subsequent periods may be reduced,In the event that the required services are in dispute,the invoice •• 6 City of Ocoee • DocuSign Envelope ID:6FODB97A-QAA3-4F2A-85A4-58FBCEQ4FDD5 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. 7 City of Ocoee DocuSign Envelope ID:6F0DB97A-OAA3-4F2A-B5A4-58FEICEO4FDD5 EXHIBIT"B" EFFORT SUMMARY FLORIDA'S PEDESTRIAN AND BICYCLE FOCUSED INTITIATIVE • HIGH VISIBILITY ENFORCEMENT CAMPAIGN QUANTIFIABLE,MEASURABLE,AND VERIFIABLE DELIVERABLES • A minimum of two(2)media engagements shall be conducted In conjunction with these high visibility enforcement operations during the contract period. • Detail Activity Reports.shall be submitted for each education and enforcement detail worked. o Bicycle Light Distribution Assurance Forms shall be submitted for each bicycle light kit distributed. • Invoices shall be submitted for each month or payroll period In which overtime details were performed beginning the month following contract execution. PERFORMANCE MEASURES Proof of performance documentation shall be submitted.This includes,but is not limited to,the following: • Detail Activity Submissions • Proof of media engagements • Proof of overtime hours worked • BUDGET/COST ANALYSIS • The name and fully loaded hourly overtime rates to be used for each officer must 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-II-$5.00 of the rates shown on the authorized personnel list are eligible for reimbursement under this agreement • Only overtime hours for sworn law enforcement officers are-eligible for reimbursement(non=sworn:civIllan personnel are not eligible). • Each officer Is limited to a maximum of six(6)hours of reimbursable overtime In any single del!(defined as 12:00 a.m.to 11:59 p.m.). • 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. • Tier Two(2)locations are eligible for reimbursement from contract execution throUgh May 13,2022. • Payment shall be made only after receipt and approval of services provided. Total contractamOunt not tO exceed:$3,698.55 8 • City of Ocoee • DocuSign Envelope ID:6FOD897A-OAA3-4F2A-85A4-58FeCE04FDD5 EXHIBIT"C" Locations for Ocoee Police Department Florida's Pedestrian and Bicycle Focused Initiative High Visibility Enforcement Campaign lime Range Rank Roadway Name From To Enforcement Agency Tier Day of the From To Week 31 Silver Star Road Circle Key Drive Lakeshore Drive Ocoee Police 2 0600 2400 M,f,Sat,S Department Data Source:FOOT Crash Analysis Reporting(CAR)System,2016.2020(downloaded April 2021).Table lists roadway segments with high representation of traffic crashes resulting In serious Injuries and fatalities to pedestrians and bicyclists. nAPPIreM • City of Ocoee DonnSign Envelope ID:6FODB97A-OAA3-4F2A-85A4-58FECE04FDD5 EXHIBIT"C"—Tier 2 High Crash Segments 2021 HIGH VISIBILITY ENFORCEMENT PROGRAM•ORANGE.000NTY TIER 2 PEDES'IRIAN/BICYCLE HIGH CRASH SEGMENTS :::•r'i';.y.a. ., lz...• :11 nrpi''-1.19,4!-aT,,.r , tcttiICet I. 1 Z A440411.1 In ..�;P'• /, y'tuw•, YAYpflNtT! • �fi't :a�:,icti'. ?i lAl..r.•:A"'RIt. -1t• i.. r i•'I 1A-Ax v,/I[V?Y..01,.t".Q5•.T •' /t ...': �i, ,•:i:0:..i.';ii;` ;:1' ,-t ti.l>;,),f" a i ;i'�'i.•' ;41'j'. i r Jlmite x • r .1 n • a'.....aANn r• �rtR,,,4 sxt i j i ,-,; 1' . �it, 'i.,. 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'.:1 ee� c t r: 1 tIII r'Yritw tyw:y?}• fJy Y,rtstW br C`1• ....AZ; r.. - +•}+: • i R 1 im ran I`rl. ;,'-•=r•_7 �4 —_. ,li�r "�I. fd•:; --': r ' ., i, • M.mVo•i.n."-an _ --lyraNx,V id • • • • 10 City of Ocoee DocuSign Envelope ID:6FODB97A-OAA3-4F2A-85A4-58FBGEO4FDD5 Letter of Agreement and Contract 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. University of North Florida Training and Services Institute,Inc. diblolatu%of Police Technology and Management EZdact 50.# 8/10/2021 5A7P162.R712swa SC/Vince Smyth,Associate Vic President Date /0/ tea Cameron Pucci,Director at • VENDOR ACKNOWLEDGEMENT:By signing below, I certify that I have read the entire document,agree to abide by the pricing and all terms and conditions of this Letter of Agreement and Contract,and that I am authorized to sign for the Vendor. Vendor Name: - City of Ocoee Address; 150 N Lakeshore Dr.,Ocoee, FL 34761 \look Vendor's Aut-hic7. •gent Signature Date T . TtAk4/9313 Allqatr Printed Nine 'Title , UAL SEF AOR5EtalEW RE:V1EWED •PROVEle FDOTSPNVAL •Tt-r..- SAWIY 11 City of Ocoee DocuSign Envelope ID:6FODB97A-DAA3-4F2A-85A4-58FBCEO4FDD5 Florida Department of Transportation(FOOT)Protect#433144-1-8404,Contract#G1X15 State and Federal Requirements: pEDERAL RESOURCES AWARDED PURSUANT TO THIS CONTRACT ARE SUBJECT TO THE FOLLOWING AUDIT REQUIREMENTS: 2 CFR Part 200.-Uniform Administrative Requirements,Cost Principles&Audit Requirements for Federal Awards tvww.ecrr.aoy Federal resources awarded pursuant to thie subnrant may also be subleptto the following: (a) Federal Funding Accountability and Transparency Act(FFATA)Sub-award Reporting System(FSRS)www.fsrs.nov FEDERAL RESOURCES AWARDED PURSUANTTO THIS CONTRACT MAY ALSO BE SUBJECT TO THE FOLLOWING: Title 23—Highways,United Slates•Code hllo://uscode.house.quv/browse.xhind Tine 49—Transportation,United States Coda I:lln://uscode.house.ltpv/browse,xhtnd MAP-21—Moving Ahead for Progress in the 214 Century,P.L.112-141 www.doLuovfmap2'1. Federal Highway Administration—Florida Division rwvw.Owwa.dol.trav/drily FEDERAL RESOURCES AWARDED PURSUANT TO THIS CONTRACT ARE SUBJECT TO THE FOLLOWING REQUIREMENTS; Buy America Act. The Subreciplent agrees to comply and require'consultants and contractors to comply wllh all applicable standards,orders,and regulations Issued pursuant to the Buy America Act,Buy America Act Waiver(Docket No,NHTSA-2015-0005)and NHTSA Guidance Buy American Act Procedure for Highway Safety Grant Programs(revised 11-20-2015)herein Incorporated by reference,The Subreciplent 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 softwarellnformation technology systems whose unit purchase price Is 65,0.00 or more,including motor vehicles,tolls 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 dine Buy America Act,Additionally,any manufactured add-on to an end product Is,Itself,en end product that must comply with the Act. . To be reimbursed with Federal highway safely 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. Restrictions on Lobbying. The Subreciplent agrees to comply and require consultants and contractors to comply with 49 CFR,Part 20,New Restrictions an Lobbying,herein Incorporated by reference,for filing of certification and disclosure forms, (a) Certification Regarding Federal Lobbying. The Subreciplent 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 en.ofilcer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress In connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federafloan,the entering Into of any cooperative agreement,and the extension,continuation,renewal,amendment or rnadificaUon'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 parson for Influencing or attempting to Influence an officer or employee of any agency,a Member of Congress,en 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 Ira Instructions, III. The Subreciplent shall require that the language of this certification be Included in the award documents for ail sub-award at ail tiers (Including subcontracts,subgrants,and contracts under grant,loans,and cooperative agreements)and that all Subreolpients shall certify and disclose accordingly, Iv, This certification is a material representation of fact upon which rollsnce was placed when this transaction was made or entered into. Submission of this certification Is a prerequisite for making or entering Into this transaction immposed by section 1352,title 31,U.S. Coda.Any person who falls 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. (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 Stale 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 Slate 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. . 12 City of Ocoee DocuSign Envelope ID:6FDDB97A-0AA3-4F2A-85A4-58FBCE04FDD5 (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 Nellons may be supported with written approval from the FDOT Traffic Safety Administrator and NHTSA. Cooperation with Inspector General, Il Is the duty of every Subreciplent 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 Subreciplent agrees to comply with Section 20.056(6),F,S.,and to incorporate In all subcontracts the obligation to comply with Section 20.055(5),F.S. Disadvantaged Business Enterprises(DBE), (a) The Subreciplent agrees to the following assurance: The Subreciplent 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 Subreciplent shall take ell necessary and reasonable steps under 49 CFR,Part 26 to ensure nondiscrimination in the award and administration of USDOT-assialed 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 Subreciplent of its failure to carry out its approved program,the USDOT may impose sanctions as provided for under Pail 28 and may,In appropriate cases,refer the matter for enforcement under 18 U.S.C.1001 andlor the Program Fraud Civil Remedies Act of 1986(31 U.S,C.3801 et seq.),herein Incorporated by reference, (b) The Subreclpien!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 subeensuilanl or.subeontractor 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,us the Subreciplent or the Department deems appropriate. E-Verify. Subreciplents: (a) Shall utilize the U.S.Department of Homeland Security's E-Verlfy 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 EVerify system to verify(he employment eligibility of ail new employees hired by the subcontractor during the contract term. Nondiscrimination, Subreclpienis 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 Acl of 1964(42 U.S.C.2000d et seq.,78 slat.262),(prohibits dlsorimination on the basis of race,color,national origin)and A9 CFR part 21 (b) The Uniform Relocation Assistance and Real Property Acquisition Policies Acl'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.1881- 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 Aol of 1976,es amended,(42 U,S.C,6101 at 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 dlvli Rights Act of 1964,The Age Discrirnina(lon Act of 1976 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,Subreclplent'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)entitles,public end 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 JusUce In Minority Populations and Low-Income Populations(prevents discrimination against minority populations by discouraging programs,policies,and activities with disproportionalely 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 74987-74100) Q) Nondiscrimination Clause, 13 City of Ocoee DocuSign Envelope ID:6F0DB97A-OAA3-4F2A-B5A4-58FBCEO4FDD5 • During the performance of Ibis subgranl,the 8ubreciplenl agrees: (a) To comply with all Federal nondiscrimination laws and regulations,as may be amended from time to time (b) Not to participate dlrecUy or Indireolly In the'discrimination prohibited by any Federal non•discrlminallon law or reguleilon,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 es required by the FOOT State Safety Office,USDOT or NHTSA (d) That,In event a Subreclplent fails to comply with any nondiscrlminallon provisions in this subgranl,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 Subreclplent under the conlraci/agreement until the Subreclplent 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 Clean.Air Aot.and Federal Water Pollution Control Act. subgranl agreements for amounts in excess of$150,0,00 must comply with all applicable standards,orders or regulations Issued pursuant to the Clean Air Act(42 U.S.C.7401-76714)and the Federal Wafer Pollution Control Mt as amended(33 U.S,C.1261-1387).Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA),The Subreciplent shall Include this provision In all subcontract awards In excess or$150,000. integrity Certification.By signing this Subgrant Agreement,the Subreclplent certllies that neither It Or Its contractorsare 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 Subreoiplenl knowingly rendered en erroneous certification,in eddltton to other remedies evaffable.to the federal government, the department or agency with which This transaction originated+nay pursue available remedies,including SAspenslon and/or debarment.The Subreclplent shall provide to the Department immediate written notice If at any lime the Subreclplent learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. Contract Work Hours and Safety Standards Act. Where applicable,all subconlraets 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 6),Under40 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 al a rate of not less than one end a half times the basic rate of pay for all Nice worked In excess'of 40 hours in the work weak,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 avetable on the open market,or contracts for transportation or transmission of Intelligence Indemnification and Insurance, (a) indemnification.To the extent permitted by law and as limited by and pursuant to the provislehs of Section 788.28,Florida Statutes,the Subreclplent shall Indemnify and hold harmless the Department,including the Department's officers and employees,from liabilities,damages, losses,and costs,Including;but not limped to,reasonable attomey's fees,to the extant caused by the negligence,recklessness,or Intentional wrongful misconduct of the Subreclplent and persons employed or utilized by the Subreciplent In the performance of this Agreement.This Indemnlficallon shall survive the lerrelnation of this Agreement. Nothing contained In this paragraph Is intended to nor shall it constitute a waiver of the State of Florida and the Subreciptant's sovereign immunity. (b) Subreclplent Contracts:Subreciplent agrees to Include the following Indemnification clause in all contracts with contractors,subcontractors, consullanta,or subconsultenls.who perform work in Connection with this Agreement(modified to appropriately Identify the parties): 'To the fullest extent permitted by law,the Subreciplenl'a contractor/consultant shell Indemnify and hold harmless the Subreclplent and the Stale of Florida,Department of Tranaportallon,including the Department's officers and employees,from Ilabililles,damages,losses and costs, including,but not limited to,reasonable attorney's fees,to the extant caused by the negligence;recklessness or Intentional wrongful misconduct of the contractor/consultant and persons employed or utilized by the contractor/consultant In the performance of this Agreement. This Indemnification shalt survive the termination of this Agreement. Nothing contained in this paragraph is Intended to nor shall.It constitute a waiver of the Slate of Florida and the Subrecipient'a sovereign immunity." (c) Workers'Compensation.The Subreciplent shall provide Workers'Compensallon Insurance In accordance with Florida's Workers' Compensation law for all employees.If contracting for any of the work,the Subreelptentshall 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 Subreciplent shall ensure that such employees are covered by Workers'Compensation insurance through the PEO's or other leasing entitles.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, 14 City of Ocoee DocuSign Envelope ID:6FODB97A-OAA3-4F2A-85A4-58FBCE04FDD5 Federal Encouragements. (a) Vehicle Pursuits,Pursuant to 23 U.S.C.402(j),ell law enforcement agencies are encouraged to follow the guidelines atabilahed for vehicular pursuits Issued by the International Association of Chiefs of Police that ere currently In effect, (b) Polley on Seat Belt Use..In accordance with Executive Order 13043,Increasing Seat Bell Use in the United States,subreciplenis are encouraged to adopt and enforce on-the-job seat bell 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 13613,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 subreclplent agency andlor the Government. 11, Conduct workpiace.safety Initiatives In a manner commensurate with the size of tine business,such as establishment of new rules and , programs or re-evaluallon of existing programs to prohibit text messaging while driving,and education,awareness,and other outreach io employees about the safely risks associated with texling and driving. Insert the substance of this section,including this sentence,In all sub-agreement/subcontracts funded with the subaward provided under this Agreement that are$16,000 or more. Human Trafficking.The Subreciplent shall include a provision In each contract II enters Into with a private entity In connection with the Project by which the Subreciplent's contractor agrees that it and Its employees thel 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. Compliance with State Public Records Laws. The Subreciplent agrees to comply with all provisions provided in Chapter 119 F.S,If the Subreclplent 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.lithe Stibreolplent is unable to ascertain how best to comply with its obligations,it should seek the advice of counsel endlorFDOT State Safety Office. The Department shall unilaterally cancel this subgrant agreement if the Subreclpienl refuses to allow public access to all docuinente,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. Performance. In the event of default,noncompliance,or violation of any provision of this subgrant agreement by the Subreclplent,the Subreciplent's consultant(s)or conlractor(s)and suppller(s),the Subreciplent ag fees that the Department will impose sanctions.Such sanctions Include withholding of reimbursements,relalnage,cancellation,termination,or suspension of this subgrant agreement in whole or In pert,In such an event,the Department shall notify the Subreciplent 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 Subreclplent shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. Additional Requirements for Law Enforcement Agencies. Overtime Hours. Subgrant funds cannot be used to supplant standard activity hours;therefore,only hours qualifying as"overtime",per the Subreclpienl policies will be eligible for reimbursement by this subgrant agreement,In the event a Subreciplent 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. Overtime Rate. Overtime hours are intended for enhaecedllncreased traffic safety activities.The overtime pay rate for personnel Is based on actual cost per employee In accordance with the Subreciplent's,payroll policy.Each Subreciplent shall comply with Fair Labor Standards Act(FLSA) requirements,and thresholds for overtime accrual and payment and its own pollcles and procedures,Insofar as those policies apply uniformly to both federally-financed and other activities of the Subreciplent,as required by 2 CFR 200.403(c).Additional hours may be called overtime,off duly,extra, additional,etc.,as long as it enhanceslncreases traffic safety activities.A copy of the policy shall be maintained by the Subreciplent end made available for review If requested. Bonuses.Bonuses Issued to Subreciplent employees will not be eligible for subgrant reimbursement,as bonuses are not considered salary and are an addition to the salary amounts approved for Subgrant execution.Increases in Subgrant employee salary must be approved by the FDOT State Safety Office;Annual fluctuations In benefits approved in the Subgrant are allowable and eligible for reimbursement. Financial/Fiscal Requirements Failure to submit detail reports,progress reports and invoices as outlined In the Letter of Agreement and Contract may result In termination of the agreement;may render the vendor Ineligible for reimbursement of expenses;and may render the vendor ineligible for future consideration for funding under this program. if the contract is terminated,the funds may be reallocated to other contracts. 15 City of Ocoee DocuSign Envelope ID:6FODB97A-OAA3-4F2A-85A4-58FBCE04FDD5 Invoices must be submitted as outlined in the Letter of Agreement and Contract,must meet the timeline established in the attached contract for services,and must Include ell required documentation as outlined in the contract for services. Frequency and Deadiines for Submission. Invoices:Subcontractors should submit all costs for reimbursement monthly unless no costs ware 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 subcontract agreement being terminated. Supporting Documentation. Invoices for subcontracts must be supported by an Itemized listing of expenditures by category(salary/benefits.). Supporting documentation shall be submitted for each amount for which reimbursement Is being claimed Indicating that the Hem has been paid, Check numbers may be provided In lieu of copies of actual checks.Each piece of documentation should clearly reflect the dales of service,Only expenditures for categories In the'approved letter of agreement end contract may be reimbursed.These expenditures must be allowable(pursuant •to law)and directly related to the services being provided. Final Invoice. Atinal financial request for reimbursement shall be submitted and/or postmarked no later than June 3,2022 following the end of this subcontract agreement period,Such request should be distinctly identified as Final, The Subcontractor agrees to forfeit reimbursement of any amount Incurred or expended If the final request Is not submitted and/or postmarked by June 34022 following the end of this subcontractagreemoat period. All invoices shall be signed by an Authorized Representative of the vendor or their delegate. Payment will be made only after receipt and approval of goods and services as outlined In the attached contract and exhibits. lithe University determines that the perfonmanee of The vendor Is unsatisfactory,the University shall notify the vendor of the deficiency to be corrected,which correction shall be made within a Ilme-frame to be specified by the University. The vendor shall,it*five days rafter notice from the University,provide the University with a corrective action plan describing how his vendorwiil address all Issues of contract non-performance,unacceptable performance,failure to meet the minimum performance levels,deliverable deficiencies,or contract non-compliance. lithe corrective action plan is unacceptable to the University,the vendor shall be assessed a non-performance rotainage equivalent to 10%of the total Invoice amount. The retainage shall be applied to the Invoice for the then-current billing period. The relalriage shall be withheld until the vendor resolves the deficiency, lithe deficiency Is subsequently resolved,the vendor may bill the University for the retained amount during the next billing period. If the vendor Is unable to resolve the deficiency,the funds retained will be forfeited at the end of the contract's term, A Vendor Ombudsman has been established within the Department of Financial Services.The duties of this Individual Include acting es an advocate for vendors who may be experiencing probleme in obtaining timely payment(s)from a state agency or University.The Vendor Ombudsman may be contacted at(850)413-5616, The vendor shall establish fiscal contra!and fund accounting procedures that assure proper disbursement and accounting of contracted funds and required expenditures.All monies spent on this contract shall be disbursed In accordance with provisions of the contract scope of work as approved by the University and FOOT Stale Safety Office Program,Manager and must meet ell state and federal regulations attached or referenced in this contract. • 16 City of Ocoee DocuSign Envelope ID:A2F341136-1AF6-44F7-9F133-EFD779BE4EC2 FD1371 Florida Department f Transportation RON DESANTIS 605 Suwannee Street KEVIN TI DA ULT,P.E. GOVERNOR Tallahassee,FL 3239D-0,I50 SECRETARY September 24,2021 Ms. Sharon Murchison,Coordinator 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 Contradt Number: G1X15 Dear Ms.Murchison: We have reviewed the attached draft subcontract amendment to the City of Ocoee contract for High Visibility Enforcement increasing the amount from$3,698.55 to$6,374.09 and it is hereby approved.The subcontract amendment will be effective the date the last party signs it,and only charges incurred for services provided between the date of execution of the amendment and May 13,2022 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 trencla.mephersona/clot.statell.us or (850)414-4025. • Sincerely, Trenda McPherson,FCCM Traffic Safety Marketing Coordinator /tm cc: Project File www.filot.gov DocuSign Envelope ID:A2F341 B6-1AF6-44F7-9FB3-EFD779BE4EC2 AMENDMENT NO, 1 TO LETTER OF AGREEMENT AND CONTRACT WHEREAS the University of North Florida Training and Services institute,Inc.,d/b!a institute of Police Technology and Management("IPTM")and the City of Ocoee("Vendor")have previously entered into an Agreement dated August 10,2021, WHEREAS,"IPTM"and"Vendor"agree to the following Amendment to the Original Agreement,such Amendment to be effective once the,last party has signed the amendment. All other provisions of the original agreement and any subsequent Amendments, If any,that are not In conflict with or changed by the Amendment above shall remain unchanged and In effect. • The University and Vendor agree to Increase the contract amount by$2,675.54 for a new total of$6,374.09. IN WITNESS WHEREOF,the parties have executed this Instrument for the purposes herein expressed. FDomSigned by: V44ia50,1410/4/2021 6A7E3B78 7 7 2 0 178... SCtt Vince Smyth,Associate Vice President Date University of North Florida Training and Services Institute,Inc. d/b/a Institute of Police Technology and Management P CO q 30 0 Cameron Pucci, irector Date 1 Illik , . Vendor's Auth c,'ize l ent Signature Date J45 A4/ery Printed me Itle Contractual Services Agreement Reviewed and Approved Traffic Safety Marketing Coordinator FDOT APPROVAL DocuSign Envelope ID:A2F341B6-1AF6-44F7-9FB3-EFD779BE4EC2 Target Area Detail Summary Report For Grant 2021-2022 Ped/Bike HVE Agency Ocoee PD Contract from 8/10/2021 to 5/13/2022, $3,698,55 Agency Summary for Ocoee PD Orange County, District"5" Agency Ocoee PD Contacts Educational Warnings Citations Overall Total Avg I Hour Total Avg/Hour Total Avg/Hour Total Avg 1 Hour Pedestrian: 13 0.46 9 0.32 0 0.00 22 0.77 Bicyclist: 5 0.18 4 0.14 0 0.00 9 0.32 Motorist: 48 i.68 46 1.61 4 0.14 98 3.44 Total: 66 2.32 59 2.07 4 0.14 129 4.53 • Target Area Coverage for Ocoee PD-Total Hours Worked:28.50 Target Area Hours Worked %of All Agency Work Location 31 (Tier 2)Silver Star Road 28,50 100.0% Target Area Details for Ocoee PD Target Area Detail For Location 31 (Tier 2) Silver Star Road Agency Ocoee PD, Orange County, District"5" Total Hours Worked: 28.60 %Of All Agency Wock: 100.0"/, Educational Contacts Pedestrian: 13 Bicyclist: 5 Motorist; 48 Safety Issues Reported: •vehicles stopping in cross walk was primary violations observed Warnings And Citations for Target Area Location 31 (Tier 2)Silver Star Road Pedestrian Bicyclist Motorist Code Warn Cite Warn Cite Warn Cite 316,074(1)0bedlence to required traffic control devices The driver 0 0 0 0 0 1 of any vehicle shall obey all official traffic control signal devices, placed in accordance with the provisions of this chapter, unless otherwise directed by a police officer,subject to the exceptions granted the driver of an authorized emergency vehicle in this chapter. 316.074(2)Obedlence to and required traffic control devices,—No 0 0 0 0 0 1 person shall drive any vehicle from a roadway to another roadway to avoid obeying the indicated traffic control indicated by such traffic control device, 316.075(1)(c)(1)Steady red—Vehicular traffic facing a steady red 0 0 0 0 3 0 signal shall Stop,before entering the crosswalk. 316.130(14)No pedestrian shall cross a roadway Intersection 3 0 0 0 0 0 diagonally unless authorized by traffic control devices. 316.130(4)Walk on the left side of the roadway where sidewalks 6 0 0 0 0 0 are not provided. 9/24/2021 10:36:45 AM EDT Page 1 of 2 Target Area Detail Summary • DocuSign Envelope ID:A2F341B6-1AF6-44F7-9FB3-EFD779BE4Ec2 • 316,187(1)Estabilshment of state speed zones.—Whenever the 0 0 0 0 3 0 Department of Transportation determines, upon the basis of an engineering and traffic investigation,that any speed Is greater or less than Is reasonable or safe under the conditions found to exist . at any Intersection or other place,or upon any part of a highway outside of a municipality or upon any state roads,connecting links or extensions thereof within a municipality,the Department of Transportation may'determine and declare a reasonable and safe speed limit thereat which shall be effective when appropriate signs • giving notice thereof are erected at the intersection or'other place or part of the highway. • 316.189(1)MUNICIPAL SPEED.—The maximum speed within any 0 0 0 0 0 1 municipality is 30 miles per hour. With respect to residence districts, a municipality may set a maximum speed limit of 20 or 25 miles per hour on local streets and highways after an Investigation determines that such a limit is reasonable, it shall not be necessary to conduct a separate Investigation for each residence district.A municipality may set speed zones altering the speed limit,both as to maximum, not to exceed 60 miles per hour,and minimum,after Investigation • determines such a change Is reasonable and in conformity to - criteria promulgated by the Department of Transportation,except that no changes shall be made on state highways or connecting links or extensions thereof,which shall be changed only by the Department of Transportation. 316.1945No stopping;standing, or parking on.a sidewalk,on a 0 0 0 0 40 0 ' crosswalk,or bicycle path except when necessary to avoid conflict with other traffic,or directed by law enforcement; 316:2065(3)(d)Rlder or passenger under 16 must wear helmet. 0 0 2 0 0 0 316.2065 (6)(a)61cycles traveling at less than the normal speed of 0 0 2 0 0 0 traffic shall ride In the lane marked for bicycle use or as far right as practicable except&when overtaking another vehicle proceeding In the same direction, preparing for a left turn,or when reasonably necessary to avoid any condition or potential conflict, including a substandard-width lane,which makes it unsafe to continue along the right-hand curb or edge or within a bicycle lane. For purposes of this subsection,a"substandard-width lane"is a lane that is too narrow for a bicycle and another vehicle to travel safely side by side within the lane. 322.34(1)Except as provided.In subsection (2), any person whose 0 0 0 0 0 1 driver license or driving privilege has been canceled, suspended,or revoked, except a"habitual traffic offender"as defined in s. 322,264,who drives a vehicle upon the highways of this state while such license or privilege Is canceled,suspended, or revoked is guilty of a moving violation, punishable as provided in chdpter 318. Total: 9 0 4 0 46 4 9/24/2021 10;36:45 AM EDT Page 2 of 2 Target Area Detail Summary CITY OF OCOEE SIGNATURE PAGE Florida's Bicycle Pedestrian Focused Initiative — HVE Grant APPROVED: CITY OF OCOEE, FLORIDA ATTEST: Melanie Sibbitt, City Clerk Rusty Johnson, Mayor • DATE: (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE,APPROVED AS TO FORM AND LEGALITY THIS DAY OF ,2021 SHUFFIELD,LOWMAN&WILSON,P.A. By: City Attorney