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Item 07 Approval of Florida's Bicycle Pedestrian Focused Initiative: Communication and High Visibility Enforcement Grant
Contact Name: Contact Number: d FIT Meeting Date: April 5, 2022 Item # Reviewed By Deputy Chief Ogburn Department Director: _Chief SaimpgP 407-554-7193 City Manager: Robert Frank' rK Background Summary: This past year, $6,374.09 was 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. An additional $4000.00 has been made available to the City of Ocoee. The Letter of Agreement and Contract must be signed by the Mayor. If approved, the City of Ocoee Police Department will receive an additional $4000.00 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 the additional $4000.00 that has been made available for the Ocoee Police Department through the Florida's Bicycle Pedestrian Focused Initiative: Communicatior 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 the additional $4,000 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: $4,000 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 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 Regular Agenda Scott Cookson (3/3/2022 via email) N/A Rebecca Roberts (3/3/2022 via email) N/A N/A III February 23, 2022 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 Contract 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 $6,374.09 to $10,374.09 and it is hereby approved as amendment #2. 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 amendment 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 amendment. If you have any questions, please feel free to contact me at ti•en(is.mct)liersontcvdot.state.11.us or (850) 414-4025. Sincerely, Trenda McPherson, FCCM Traffic Safety Marketing Coordinator /tm cc: Project File Nvww.fd0t.g0V AMENDMENT NO. 2 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 October 4, 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 $4,000.00 for a new total of $10,374.09. IN WITNESS WHEREOF, the parties have executed this instrument for the purposes herein expressed. Vince Smyth, Associate Vice President University of North Florida Training and Services Institute, Inc. d/b/a Institute of Police Technology and Management Cameron Pucci, Director Vendor's Authorized Agent Signature Printed Name Contractual SeNl s Agroornant Ravtemd and Approved Traffic Safety Marltetin C®crdinator FDOT APPROVAL Date Date Date Title • • • i Florida's Bicycle Pedestrian Focused Initiative — HVE Grant 01" • U 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 , 2022 SHUFFIELD, LOWMAN & WILSON, P.A. City Attorney Agency Summary for Ocoee PD Orange County, District "6" Agency Ocoee PD Contacts Educational Warnings Citations Overall Total Avg / Hour Total Avg / Hour Total Avg / Hour Total Avg i Hour Pedestrian: 31 0.36 15 0.17 0 0.00 46 0.53 Bicyclist: 19 0.22 17 0.20 0 0.00 36 0.42 Motorist: 106 1.23 99 1.14 18 0.21 223 2.58 Total: 156 1.80 131 1.51 18 0.21 305 3.53 Target Area Coverage for Ocoee PD - Total Hours Worked: 86.50 Target Area Hours Worked % of All Agency Work Location 31 (Tier 2) Silver Star Road 86.50 100.0 % Target Ar((-a [ketail For Locatioi-i 31 (Tier 2) Silver S-err Rmad Agency Ocoee PD, Orange County, District "5" Total Hours Worked: 86.50 % Of All Agency Work: 100.0 % Educational Contacts Pedestrian: 31 Bicyclist: 19 Motorist: 106 Safety Issues Reported: • vehicles stopping in cross walk was primary violations observed • lots of no valid drivers licenses of people driving work vehicles pulling trailers, all of which had equipment issues, potentially hazardous for pedestrians. • very slow day and not a lot of foot or bike traffic today Warnings And Citations for Target Area Location 31 (Tier 2) Silver Star Road Pedestrian Bicyclist Motorist r„ qq Warn Cite Warn Cite Warn Cite 316.074 (1)0bedience to required traffic control devices i ne anver u v u u 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 cha ter. 316.074 (2)Obedience to and required traffic control devices. —No 0 0 0 0 7 4 person shall drive any vehicle from a roadway to another roadway to avoid obeying the indicated traffic control indicated by such traffic control device. 2/23/2022 7:53:10 AM. EST Page 1 of 3 L, I hPPP Target Area Detail Summary 316.075 (1)(c)(1)(a)Steady red — Vehicular traffic facing a steady 0 0 0 0 8 0 red signal shall stop before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until a green indication is shown; however: (a) The driver of a vehicle which is stopped at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or, if none then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection in obedience to a steady red signal may make a right turn, but shall yield the right-of-way to pedestrians and other traffic proceeding as directed by the signal at the intersection, except that municipal and county authorities may prohibit any such right turn against a steady red signal at any intersection, which prohibition shall be effective when a sign giving notice thereof is erected in a location visible to traffic approaching. the intersection. 316,081 Driving on right side of roadway Vehicles proceeding at less 0 0 4 0 0 0 than normal speed of traffic shall be driven as far right as practicable except when overtaking and passing another vehicle, preparing for a left turn, avoiding an obstacle, or upon a roadway designated for one-way traffic. 316.123 (2)(a)Drivers shall stop at marked stop line, but if none, 0 0 0 0 16 0 before entering the crosswalk or, if none, then where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection. 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 12 0 0 0 0 0 are not provided, 316.187 (1)Establishment of state speed zones.— Whenever the 0 0 0 0 9 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 art of the hi hwa . 316.189 (1)MUNICIPAL SPEED. —The maximum speed within any 0 0 0 0 12 3 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 b . law enforcement. 0 0 4 0 0 0 316.2066 (3)(d)Rider or passenger under 16 must wear helmet. 2/23/2022 7:53:10 AM EST Page 2 of 3 Target Area Detail Summary 2/23/2022 7:53:10 AM EST Page 3 of 3 Target Area Detail Summary DocuSign Envelope ID; 6FODB97A-OAA3-4F2A-85A4-58FBCE04FDD5 Florida Department of'Trrar7yportat on RON DC:SANTIS 605 Sinvaiwee Street KEVIN J.THIBAULT, P.E. GOYIsRNOR Tallahas.ee, FL 32309-0450 SECRETARY 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: Communication and High Visibility Enforcement Project Number: 433144-1-8404 Contract Number: G1X15 Dear Ms. Murchison: We have reviewed the attached draft subcontract agreement with 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 or (850) 414-4025. Sincerely, Trenda McPherson, FCCM State Bicycle Pedestrian Safety Program Manager /trn cc: Project File www.fdot.gov DocuSign Envelope ID: 6FODB97A-OAA3-4F2A-85A4-58FBCE04FDD5 etter of Agreement and Contract Institute, Ino dlbla Institute of Police Technology and Management f"IPTM"1, 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 $3,698.65 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 #G1X16. 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 FDOT or the University of North Florida. The FDOT and the University's ("Stale Agencies" or individually "State Agency") respective total liability In negligence or Indemnity for acts of its employees or officers shall not exceed the limits of their,waiver of sovereign Immunity provided under Section 768,28, Florida Statutes, The FDOT, the University, and the Vendor shall each be responsible for its own attorney fees in the event of a dispute. 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. This Indemnification shall survive the termination of this Agreement. Nothing contained In this paragraph is intended to nor shall It constitute a waiver of the State of Florida and IPTM's sovereign Immunity. Vendor Is a subdivision, as defined In Section 768.28, Florida Statutes, and Vendor agrees to be fully responsible only to the extent provided by Section 768,28, Florida Statutes, for the negligent or wrongful acts or omission of any employee of the Vendor while the employee Is acting within the course and scope of the ernployee's employment, and for any damages proximately caused by said acts or omissions or torts. Nothing herein shall be construed as consent by a State Agency or political subdivision of the State of Florida to be sued by third parties In any matter arising out of this contract. No State Agency or subdivision Indemnifies any other party or person beyond the extent permitted under the law, no matter what the circumstances, Nothing herein shall be construed as a waiver by the FDOT, the University, and the Vendor of any rights or limits to liability existing under Section 768,28, Florida Statutes. In accordance with the contract, the Vendor is authorized to perform the tasks detailed In the scope of services (Exhibits A & 6) and Is fully responsible for satisfactory completion of all services. Services performed prior to receiving an executed contract from the University will not be eligible for reimbursement. This contract does not involve the purchase of Tangible Personal Property, as defined in Chapter 273, Florida Statutes. This is a cost reimbursable contract. To be eligible for reimbursement, all costs must be allowable pursuant to state and federal expenditure laws, rules and regulations and must be essential to the successful completion of the tasks Identified in this contract for services. If a 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(1) of Article 1 of the state constitution and section 119.07(1), Florida Statutes. 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, bloycllst, 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 vlsiblllty education and enforcement details. 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 driver yield rates at mid - block crossing locations to improve the safety of pedestrians and bicyclists. This campaign is a component of Florida's Bicycle/Pedestrian Focused Initiative and is implemented by the Institute of Police Technology and Management (IPTM) under the direction of the Florida Department of Transportation (FDOT). This campaign supports the goals established In Florida's Pedestrian and Bicycle Strategic Safety Plan. High Visibility Enforcement activities are being Implemented to mitigate crashes by educating pedestrians, bicyclists, and motorists on traffic laws pertaining to pedestrian and bicycle safety and Increasing compliance with those laws, III. IPTM RESPONSIBILITIES, IPTM will provide the required training/tralning 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 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. IV. VENDOR SERVICES AND RESPONSIBILITIES: 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 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 who are 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; r Operations must begin within 30 days of the contract execution date. Exceptions require the approval of IPTM. o Only overtime hours for sworn law enforcement officers are eligible for reimbursement (non -sworn civilian personnel are not eligible). w 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 reimbursement. ® Vendor will not be reimbursed for education and enforcement details that take place at locations outside of those pre -approved by the FDOT and outlined In Exhibit C of this agreement, ® 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 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 shall 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 Tier 1 and Tier 2 locations listed In Exhibit C of this agreement, HUE efforts will only be worked at Tier 1 locations from the date of this agreement through February 28, 2022. Beginning March 1 2022, both Tier 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 with these high visibility enforcement operations during the contract period. Vendor performance will be evaluated based on their prioritizallon of enforcement details to areas with the highest 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 a.m, to 11:59 p.m.). There is no pay period limit. City of Ocoee DocuSign Envelope ID: 6FODB97A-OAA3-4F2A-85A4-58FBCE04FDD5 Officer training Is mandatory. For their overtime hours to be reimbursable, officers working the education and enforcement details [rust 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 officer who completed the four-hour training course titled "Pedestrian and Bicycle Law Enforcement, Laws, Procedures and Best Practices" prior to June 30, 2g2O. The refresher training class titled "Pedestrian & Bicycle Safety, A Law Enforcement Review" is not a substitute for the 4-hour classroom course for initial eligibility Into this program. Vendor may be reimbursed for a limited number of sworn law enforcement officers to attend the required four-hour training course titled "Pedestrian and Bicycle Law Enforcement; Laws, Procedures and Best Practices or the two (2) hour online refresher training course titled "Pedestrian & Bicycle Safety, 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 medla 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, o 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. 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 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 hlgh-risk times. City of Ocoee DocuSign Envelope ID: 6FODB97A-OAA3-4F2A-85A4-58FBCE04FDD5 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 offlcer 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 +/- $6,00 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 COMPENSATIONIPAYMENT SCHEDULE Invoices must be submitted at least monthly (every 30 days), beginning within 60 days of the contract execution date. Invoices must contain the following: ® Invoice to include summary of hours charged and total due, e Payroll documentation: Vendor must submit payroll documentation to accompany each Invoice, This payroll documentation should clearly Indicate that the detail hours worked under this contract were on overtime status along with the overtime rates that were oald, 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 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 shall 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 invo►ces 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,bII(e,safety(@Iptm.org. 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. Involces 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 to pay the City of Ocoee DocuSign Envelope ID: BFODB97A-OAA3-4F2A-85A4-58FBCE04FDD5 Invoices) 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: O satisfied all of the provision listed within this contract o submitted timely Invoices and record of detall activity submissions 9 conducted HVE overtime detall efforts in a manner that supports the stated goal ® expended 70% or more of the current contract funding amount ® pedestrian and bicyclist crash circumstances within the Vendor's Jurisdiction support the increased funding amount 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 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) ,tt r//www.len.StatG,fl,us/statutes/indox.ofm7Anp mode=Display Statute&URLa0700L 0799/0760/0760,htm) 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. IlLtps://www.fdle.state.fl,us/Content/CJST/Meiiq/�0�� P&E: Elhical-Standar(Is-of-Conduct.asl)x CORE ACTIVITY PERFORMANCE MEASURES / MINIMUM LEVEL OF SERVICE TO BE PERFORMED AND CRITERIA FOR EVALUATING SUCCESSFUL COMPLETION. Each law enforcement agency is encouraged to complete all of the tasks as outlined within this contract, All agencies are required to complete a minimum of (80%) eighty percent of contracted efforts within the contract period to be eligible for "agency of the year award" consideration. Each successive fiscal year, agencies will be prioritized for funding based on percentage of performance expectations that were met, CONSEQUENCES FOR NON-PERFORMANCE If the Vendor Is unable to properly utilize the 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 6 City of Ocoee DocuSign Envelope ID: 6FODB97A-OAA3-4F2A-85A4-58FBCE04FDD5 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: 6FODB97A-OAA3-4F2A-85A4-58FBCE04FDD5 EXHIBIT "B" EFFORT SUMMARY FLORIDA'S PEDESTRIAN AND BICYCLE FOCUSED INTITIATIVE HIGH VISIBILITY ENFORCEMENT CAMPAIGN QUANTIFIABLE, MEASURABLE, AND VERIFIABLE DELIVERABLES o A minimum of two (2) media engagements shall be conducted in conjunction with these high visibility enforcement operations during the contract period. e Detail Activity Reports shall be submitted for each education and enforcement detail worked. ® Bicycle Light Distribution Assurance Forms shall be submitted far each bicycle light kit distributed. e 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. Tills includes, but Is not limited to, the following: 6 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 */- $6.00 of the rates shown on the authorized personnel list are eligible for reimbursement under this agreement m Only overtime hours for sworn law enforcement officers are eligible for reimbursement (non -sworn civilian personnel are not eligible). ® Each officer is limited to a maximum of six (6) hours of reimbursable overtime In any single day (defined as 12:00 a.m. to 11:69 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 contract amount not to exceed: $3,69ti,t36 City of Ocoee DocuSlgn Envelope ID: 6FODB97A-OAA3-4F2A-85A4-58FBCE04FDD5 EXHIBIT "C" Locations for Ocoee Police Department Florida's Pedestrian and Bicycle Focused Initiative High Visibility Enforcement Campaign Rank Roadway Name from To EnforceAgency Tier Tim©Range Day of tile Week From To 31 Silver Star Road Circle Key Drive Lakeshore Drive Ocoee f e ice Departmentnt 2 0600 2400 M, F, Sat, S Data Sourco:FDOTCrositAnalysts Reportingtf-nnrsystem,Luca•wcutuownwaucuHIlrl14-1,rumc w�u.,or =6•••=••• •••••••o••• r•-••-••-••-• •- resulting in serious Injuries and fatoliiies to pedestrlarts and bicyclists. APPRO TIED City of Ocoee DocuSign Envelope ID: 6FODB97A-OAA3-4F2A-85A4-58FBCE04FDD5 EXHIBIT "C" —Tier 2 High Crash Segments 10 City of Ocoee DocuSign Envelope ID: 6FODB97A-OAA3-4F2A-85A4-58FBCE04FDD5 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. d/bla_in;5tltute. of Police Technology and Management V�. a SM.yx� SCA/ince Smyth, Associate Vlcp,,President Cameron 8/10/2021 Date fry 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 Narne: City of Ocoee Address: 150 N Lakeshore Dr„ Ocoee, FL 34761 J Vendor's Autho e gent Signature Printed Nahia Rc•'Al-INED r\h}r i bVl ^ `� �—°-�h-�--e-•4.-�`�—'.� � tau. � t SAFRI'Y 11 City of Ocoee �G�lo'�lZI Date iV1skvar Title DocuSign Envelope ID: 6FODB97A-OAA3-4F2A-85A4-58FBCE04FDD5 Florida Department of Transportation (FDOT) Project it 433144-1-0404, Contract #r` G1X16 State and Federal Requirements: KDERAL RESOURCES AWARnpn 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 +vev+v.ecrr.no_v_ Fodoral resources awarded pursuant to this subarant may also be aublect to the foliowlnn: (a) Federal Funding Accountability and Transparency Act (FFATA) Sub -award Reporling System (FSRS) %VvA%fsrs.rlL_v FEDERAL RESOURCES AWARDED PURSUANT TO THIS CONTRACT MAY ALSO BE SUBJECT TO THE FOLLOWING: Title 23 — Highways, United Slates Code iil p:Huscode.j�nuse.navlbnnvse.xhlinl Tills 49 — Tra11sportallon, United States Coda 1ALw1lugcodo_.hoLise.$1ovlhtovlF.e xhtm MAP-21— Moving Ahead for Progress In the 21 d Century, P.L. 112-141 4wvwAol.(. ov/rnal)7j Federal Highway Administration — Florida Division vavw.thwa.doLt0v/0d v FEDERAL RESOURCES AWARDED PURSUANT TO THIS CONTRACT ARE SUBJECT TO THC FOLLOWING REQUIREMENTS; Buy Amorlon Act. The Subreelplen► agrees to comply and require consultants and contractors to comply with all applicable standards, orders, and regulations Issued pursuant to Ilia Buy America Act, Bury America Act Waiver (Docket No, NHTSA-201&0065) and NHTSA Guidance Bury American Act Procedure for Highway Safety Grant Programs (revised 11-20-2016) herein Incorporated by reference. The Subreclplent shall Include the following Buy America provlslons In all subcontract awards: The Buy America Act prohibits the use of Federal highway safety grant funds to purchase any manufactured product or eoftwarelinrormatlon technology systems whose unit purchase price Is $5,000 or more, Including motor vehicles, that Is not produced In the United States. NHTSA may waive those requirements If (1) their application would be Inconsistent with the public Interest; (2) such materials and products are not produced In the United Stales 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 26 percent, Each manufactured and product must comply with Ilia provisions of the Bury America Act. Additionally, any manufactured add -on to an and product Is, Itself, an end product that must comply with the Act. To be reimbursed with Federal highway safety grant funds for a purchase, a Stale must comply with the requirements of the Bury America Act. Non- compliance will result In dental of reimbursement, Restriotions on Lobbying, The Subreolplent agrees to comply and require consultants and contraotom to comply with 49 CFR, Part 20, New Restrictions on Lobbying, herein Incorporated by reference, for filing of certification and disclosure forms, (a) Certification Regarding Federal Lobbying. The Subreclplenl certifies, to the best of his or her knowledge and belief, that: I. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for Influencing or attempting to Influence an officer or employee of any agency, a Member or Congress, an officer or employee of Congress, or an employee of a Member of Congress In connection Will the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, gran(, loan, or cooperative agreement. 11. If any funds other than Federal appropriated funds have been paid or will be paid to any person for Influencing or attempting to Influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connectlon with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Fort-LLL, "Disclosure Form to Report Lobbying," In accordance with Its Instructions, III. The Subreclplent shall require that the language of this certification be Included In the award documents for all sub -award at all tiers (Including subconlraots, subgranls, and contracts under grant, loans, and cooperative agreements) and that all Subrooiplonls shall certify and disclose accordingly, Iv. This certification Is a material representation of fact upon which rollance was placed when this transaction was made or entered Into, Submission of this certiflcation Is a prerequisite for making or entering Into this transection Imposed by section 1362, title 31, U.S. Code, Any person who fails to file the required eerlifloatlon shall be subject to a olvil 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 stale or local legislative body. Such activities Include both direct and Indirect (e,y„ "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary Is Supported with NHTSA funds from engaging In direct communications with Slate or local legislative officials, In accordance with customary Stale praotice, even if such communications urge legislative otflclais to favor or oppose the adoption of a specific pending legislative proposal. 12 City of Ocoee DocuSign Envelope ID: 6FODB97A-OAA3-4F2A-85A4-58FBCE04FDD5 (c) Restriction of Use for Federal Civilian and Military Employees, Subgrenl funding Is not allowable for the cost of training federal civilian and military employees, Indian Nations may be supported with wriilon approval from the FDOT Traffic Safely Administrator and NHTSA. Cooperation with Inspector General, It 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. Secllon 20.056(5), F.S, The Subreclplent agrees to comply with Section 20.065(6), F,S., and to incorporate In all subcontracts the obligation to comply with Section 20.056(6), F.S. Disadvantaged Business Enterprises (pHE), (n) The Subreclplent agrees to the following assurance: The Subreclplent 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 CPR, Part 26, herein Incorporated by reference. The Subreciplent shall lake all necessary and reasonable steps under 49 CFR, Pall 26 to ensure nondiscrimination In [tie award and administration of USDOT-assisted contracts, Implementation of this program Is a legal obligation and failure to carry out Its terms shall be treated as a violation of this subgrant agreement, Upon notification to the Subreciplant of its (allure to carry out hs approved program, the USDOT may Impose sanctions as provided for under Part 26 and may, In appropriate cases, refer the mailer for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C, 3001 et seq,), herein Incorporated by reference, (b) The Subreciplant 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 aubeonsuilanl or subcontractor shall not discriminate on the basis of race, color, national origin, or sex In the performance of (Ills contract, The consultant or contractor shall carry out applicable requirements of 49 CFR, Part 26 In the award and administration of USDOT•asslsted 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 (Ills contract or such other remedy, as the Subreciplent or the Department deems appropriate. E•Verify. 9 ubreelplents: (a) Shall utilize the U.S, Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Vendor/Conlractor during the term of the contract; and (b) Shall expressly require any aubcontraclors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term, Nondiscrimination, Subreciplents will comply with all Federal statutes end Implementing regulations relating to nondiscrimination ("Federal Nondiscrimination Authorities"). These Include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (42 U.S.C, 2000d of seq., 78 slat. 262), (prohibits discrimination on the basis of race, color, national odgln) and 49 CFR part 21 (b) The Uniform Relocation Assistance end Real property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfalr treatment of persons displaced or whose property has been acquired because of Federal or Federal -old programs and projects) (o) Federal-Ald Highway Act of 1973, (23 U.S.C, 324 at seq,), and Title IX of the Education Amendments or 1972, as amended (20 U,S,C, 1601- 1693 and 1685-1686) (prohibit discrimination on the basis of sex) (d) Section 604 of the Rehabilitation Act of 1973, (20 U.S.C. 794 of seq,), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27 (a) The Age Discrimination Act of 1975, as amended, (42 U,S,C, 6101 at seq,), (prohibits discrimination on the basis of age) (() The Civil Rights Restoration Act of 1987, (Pub, L, 100-209), (broadens scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1976 and Section 604 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to Include all of lire programs or activities of the Federal aid recipients, Subrecipient's and contractors, whether such programs or activities are Federally -funded or not) (g) Titles II and III of the Americans with Disabilities Act (42 U,S,C. 12131-12189) (prohibits discrimination on the basis of disablllly In the operation of public entities, public and private transportation systems, places of public accommodation, and cettaln testing) and 49 CFR parts 37 and 38 (h) Executive Order 12898, Federal Actions to Addrees Environmental Justice In Minority Populations and Low -Income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low -Income populations) (1) Executive Order 13160, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin dlacriminatlon/discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure [hat LEP persons have meaningful access to programs (70 FIR 74087--74100) Q) Nondiscrimination Clause, 13 City of Ocoee DocuSign Envelope ID: 6FODB97A-OAA3-4F2A-85A4-58FBCE04FDD5 During the performance of this subgrant, Ilia Subreolplent agrees: (a) To comply with all Federal nondiscrimination laws and regulations, as maybe amended from time to time (b) Not to participate directly or indirectly In the discrimination prohibited by any Federal non-discriminalion law or regulation, as set forth In appendix B of 49 CFR part 21 and herein (o) To permit access to Its books, records, accounts, other sources of information, and Its facilities as required by the FDOT Slate Safety Office, USDOT or NHTSA (d) That, In event a Subreciplenl falls to comply with any nondisodmina(lon provisions in this subgrant, the FDOT Slate Safely 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 Subreciplent under ilia eonlract/agreemenl until the Subreclpient complies; and/or cancelling, terminating, or suspending a contract or funding agreement, In whole or In part. (a) To Insert this clause, Including paragraphs (a) through (a), 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,nnd Federal Water pollution Control Act. Subgrant agreements for amounts In excess of $160,000 must comply With all applicable standards, orders or regulations issued pursuant to Ilia Clean Air Act (42 U.S.C. 7401.7671q) and ilia Federal Water Pollution Control Act 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 Subreolplent shall Include this provlslon In all subcontract awards In excess of $160,000. Integrity Certification, By signing this Subgranl Agreement, the Subreclplant certifies [hat nel(her It nor Ile contractors are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating In this Agreement by any federal department or agency, This certification Is a material representation of feel upon which the Department Is relying In entering this Agreement, If it is later determined that the Subreolplent knowingly rendered an erroneous certificallon, In addition to other remedies available-lo the federal government, the department or agency with which tills transaction originated may pursue available remedies, including suspension and/or debarment. The Subreolplent shall provide to the Department Immediate written notice If at any time Ilia Subreolplent 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 subcontracts under this subgrant agreement In excess of $100,000 that Involve the employment of mechanics or laborers must Include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 6). Under 40 U.S.C, 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours, Work In excess of the standard work week Is permissible provided (hat the worker Is compensated at a rate of not less then one and a half limes the basic rate of pay for all hours worked In excess of 40 hours In the work week, The requirements of 40 U.S,C, 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work In surroundings or under working conditions which are unsanitary, hazardous, or dangerous, These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of Intelligence Indemnification and Insurance, (a) Indemnification. To the extent permitted by law and as limited by and pursuant to the provisions of section 700,28, Florida Statutes, the Subreclplant shall Indemnify and hold harmless the Department, Including the Department's officers and employees, from liabilities, damages, losses, and costs, Including, but not limited to, reasonable attorney's fees, to ilia extent caused by the negligence, recklessness, or Intentional wrongful misconduct of the Subradplent and persona employed or utilized by the Subreciplenl In the performance of this Agreement, This Indemnification shall survive the termination of this Agreement. Nothing contained In this paragraph Is Intended to nor shall It constitute a waiver of the Slate of Florida and the Subrecipient's sovereign Immunity, (b) 3ubraoipiont Contracts, Subreolplent agrees to Include the following Indemnification clause In all contracts with contractors, subcontractors, consultants, or subconsul(ants who perform work In connection with this Agreement (modified to appropriately Identify the parties): "To the fullest extent permitted by law, the Subrecipient's conlractor/consultant shall Indemnify and hold harmless the Subreciplenl and the Slate of Florida, Department of Transportation, Including the Department's officers and employees, from liabilities, damages, lasses 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 lire oontraclorlconsuitant In the performance of this Agreement. This Indemnigcallon shall survive the termination of this Agreement. Nothing contained In this paragraph Is Intended to nor shall it constitute a waiver of the Stale of Florida and the Subreclplanl's sovereign Immunity." (c) Workers' Compensation. The Subrecipient shall provide Workers' Compensation Insurance In accordance with Florida's Workers' Compensation law for all employees. If contracting for any of the wad(, the Subreolplent shall ensure that Its contractors have Workers' Compensation Insurance for their employees In accordance with Florida's Workers' Compensation law. If using 'leased employees" or employees obtained through professional employer organizations ("PEO's'), the Subreciplenl shall ensure that such employees are covered by Workers' Compensation Insurance through the PEO's or other leasing entitles. Ensure that any equlpmenl 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. 4020), all law enforcement agencies are encouraged to follow the guldellnes stabllshed for vehicular pursuits Issued by the international Association of Chiefs of Pollee that are currently In effect, (b) Polley on seat Bolt Use, In accordance with Executive Order 13043, Increasing Seat Bell Use In the United States, subreciplents are encouraged to adopt and enforce on-the-job seal bell use policies and programs for Its employees when operating company -owned, rented, or porsonally-owned vehicles, (c) Policy on Banning Text Messaging While Driving. In accordance with Executive Order 1361% Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902,10, Text Messaging While Driving, subreelplents are encouraged to; I. Adopt and enforce workplace safely policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company -owned or rented vehicles, Government -owned, leased or rented vehicles, or privately -owned vehicles when on official business or when performing any work on behalf of the subrecipient agency and/or the Government. 11, Conduct workplace safety Initiatives In a manner commensurate with the size of lire business, such as establishment of new rules and programs or re•evoluallon of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safely risks associated with texling and driving. Insert the substance of this section, including this sentence, In all sub-agreement/subconlraets funded with the subaward provided under this Agreement that are $16,000 or more, Human Trafficking. The Subreciplenl shall include a provision In each contract it enters Into with a private entity In connection with the Project by which the Subreelplenl's contractor agrees that It and Its employees that perform any work on the Project shall not, during the term of this Agreement, engage In trafficking in persons, procure a commercial sex act, or use forced labor In the performance of work on the Project. Compliance with Stale Pubilo Records Laws. The Subreeiplent agrees to comply with all provisions provided In Chapter 119 F.S, If the Subreeiplent receives a public records request concerning Its work undertaken pursuant to this Department subgrant agreement, the Subreeiplent must take appropriate action as required by Chapter 119, F.S. if the Subreciplenl is unable to ascertain how best to comply with Ila obligations, it should seek the advice of counsel and/or FOOT Slate Safety Office. The Department shall unilaterally cancel this subgrant agreement If the Subreciplenl refuses to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F,S., and made or received by the Subreciplent In conjunction with this subgrant agreement, Performance, In the event of default, noncompliance, or violation of any provision of this subgrant agreement by the Subreciplenl, the Subreclplent's consultant(s) or contractor(s) and supplier(s), the Subreclplent agrees that the Department will Impose sanctions. Such sanctions Include withholding of reimbursements, relalnage, oancailallon, lerminalion, or suspension of this subgrant agreement In whole or In part, In such an event, the Department shall notify the Subreciplent of such decision 30 days In advance of the effective dale 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 dote of such sanction. Additional Requiremonts for Law EnforcomentAgencies. overtime Hours. Subgrant funds cannot be used to supplant standard activity hours; therefore, only hours qualifying as "overtime", per the Subreolplanl policies will be eligible for reimbursement by this subgrant agreement. in the event a Subreeiplent Is awarded more than one subgrant agreement Wihln a federal fiscal year, overtime hours for each tragic safety effort must be tracked, reported, and billed based on hours worked for each subgranl agreement type. Overtime Rate. Overtime hours are Intended for enhanced/Increased traffic safety activities. The overtime pay rate for personnel Is based on actual cost per employee In accordance with Ilse Subrecipient's payroll policy. Each Subreclplent shall comply with Fair Labor Standards Act (FLSA) requirements and thresholds for overtime accrual and payment and Its own policies and procedures, Insofar as those polleles apply uniformly to both federally -financed and other activities of the Subreciplonl, as required by 2 CFR 200.403(c). Additional hours may be called overtime, off duly, extra, additional, etc., as long as It enhances/increases traffic safely activities. A copy of the policy shall be maintained by the Subreclplent end made available for review If requested. Bonuses. Bonuses Issued to Subreciplonl employees will not be eligible forsubgranl reimbursement, as bonuses are not considered salary and are an addition to the salary amounts approved for Subgranl execution. Increases In Subgranl employee salary must be approved by Ilia FOOT State Safety Office. Annual fiucluallons In benefits approved In the Subgranl are allowable and eligible for reimbursement. Fluanclal/Flscal 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 Ilmellne eslnbllshed In the attached contract for services, and must Include all required documentation as outlined In the rentracl for servloes, Frequency and Deadlines for Submission, Involcos: Subcontractors should submit all costs for reimbursement monthly unless no costs were Incurred within a month. Reimbursement for personnel costs may be submitted after each pay period, If desired, Failure to submit reimbursement requests In a timely manner may result In this subcontract agreement being terminated. Supporting Documentation, Invoices for subcontracts must be supported by an itemized Holing of oxpendllures by category (solary/benents.). Supporting documentation shall be oubmllfed for each amount for which reimbursement Is being claimed indicating that the Item ties been paid. Check numbers may be provided in Ileu of copies of aotual checks. Each piece of documentation should clearly reflect the dales of service, Only expenditures for categories In ilia approved letter of agreement and contract may be reimbursed, These expenditures must be allowable (pursuant to law) and directly related to the services tieing provided. Final Invoice. A final financial request for reimbursement shall be submitted and/or postmarked no later than June 3, 2022 following the end of lhls subcontract agreement period, Such request should be distinctly Identified as Final. The Subcontractor Agrees to forfeit rolmbursomont of any amount incurred or expended If the final request Is not submitted mud/or postmarked by Juno 3, 2022 following the and of thls subcontract agreemont period, All Involcos shall be signed by an Authorized Representative of the vendor or their delegate, Payment will be made only after receipt end approval of goods and services as outlined In the attached contract and exhibits. If the University determines that the performance of the vendor Is unsatisfactory, the University shall notify the vendor of the deficlency to be corrected, which correction shall be made within a time -frame to be specified by the University. The vendor shall, within five days after notice from the University, provide the University with a corrective action plan descrihing how the vendor will Address all Issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non•compllence, , If the corrective Action plan Is unacceptable to the University, the vendor shall be assessed a non-performance retalnage equivalent to i0% of the total Invoice amount. The retalnage shall be applied to the Invoice for the then -current billing period. The retalnage shall be withheld until ilia vendor resolves the deficiency, If the deficiency Is subsequently resolved, the vendor may bill the University for the retained amount during the next billing period, If the vendor Is unable to resolve the deficiency, the (undo retained will be forfeited at the end of the conlroovs term. A Vendor ombudsman has been established vAlhin the Department of Financial Services. The duties of [his individual Include acting as an advocate for vendors who may be experiencing problems In obtaining timely payment(u) from a stale agency or University. The Vendor Ombudsman may be contacted at (850) 413-5616, The vendor shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of contracted funds and required expenditures. All monies spent on this contract shall be disbursed In Accordance with provisions of the contract scope of work as approved by the University and FDOT State Safety Office Program Manager and must meet all state and federal regulations attached or referenced In this contract. 16 City of Ocoee