HomeMy WebLinkAboutItem 06 Approval of Grant Funding for the Pedestrian and Bicycle Safety High Visibility Enforcement and Support ProgramMeeting Date: October 3, 2023
Item #: 6
Contact Name: Vincent Ogburn Department Director: Saima Plasencia
Contact Number: Ext. 3038 City Manager: Robert Frank
Subject: Approval of Grant Funding for the Pedestrian and Bicycle Safety High Visibility
Enforcement and Support Program. (Police Chief Plasencia)
Background Summary:
This past year, $10,221.74 in grant funding was made available to the Ocoee Police Department through
Florida's Bicycle Pedestrian Bicycle Intiative: 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 $16,463.78 has been made available to the City of Ocoee. The Letter
of Agreement and Contract must be signed by the Mayor. If approved, the Ocoee Police Department will
receive an additional $16,463.78 to continue 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 City Commissioners authorize the Mayor to sign the Letter of Agreement
and Contract to accept the additional $16,463.78 made available to 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 City Commissioners authorize the Mayor to sign the Letter of
Agreement and Contract to accept the additional $16,463.78 made available for the Ocoee Police Department
through the Florida's Bicycle Pedestrian Focused Initiative: Communication and High Visibility Enforcement
Grant.
Attachments:
1. Pedestrian and Bicycle High Visibility Enforcement Letter of Agreement and Contract
Financial Impacts:
An additional $16,463.78 in grant funding has been made available to the Ocoee Police Department through
Florida's Bicycle Pedestrian Focused Initiative: Communication and High Visibility Enforcement Grant. No
matching funds are required by the City.
Phone:City of Ocoee - 1 N. Bluford Avenue - Ocoee, Florida 34761
.1 90 01 • •-- • a
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Type of Item: Consent
City of Ocoee - 1 N. Bluford Avenue - Ocoee, Florida 34761
Phone: (407) 905-3100 - www.ocoee.org
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DocuSign Envelope ID: 5F775B40-9E70-4162-A26B-9379F9B8A3EB
University of North I-Lorida
i2000 AtUrnni Drive I JacksonviLle, I -Lot -ida 32224
Phono: (904) 620-4786 1 Fax: (904) 620-2453
www'iPtIll'erg
EM.-IMNIM
Ms. Maura Andrews
Traffic Safety Program Manager
RE: Pedestrian and Bicycle Safety High Visibility Enforcement and Support Program
Project Number: 433144-1-8404
Contract Number: G2M61
We are requesting subcontract approval under the aforementioned subgrant agreement. The request is
for approval of a contractual services agreement between IPTM and City of Ocoee in the amount of
$16,463.78. Under the contract, Ocoee Police Department will conduct overtime high visibility
education and enforcement operations through May 10, 2024.
Sincerely,
Angel Williams
Coordinator
Attachment
000u@gnEnvelope ID: 5F7r5a48-9ErO-4102-Au0a-93r8r8a8A3Ea
rim- 111111111111111104MIM
It is expressly understood that the Vendor ts anindependent contractor, and not anagent ofthe FDOTnrthe
University of North Florida. The FDOT and the University's ("State Agencies" or individually "State, Agency") respective
ioLs| liability in negligence or indemnity for acts of its employees or officers shall not exceed the |irn|ta nftheir waiver of
sovereign immunity provided under Section 768.28. Florida Statutes. The FDOT, the Univore|b/, and the Vendor shall
each be responsible for its own attorney fees inthe event ofadispute.
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
con tractor/cons u|bant|nthe performance ofthis Agreement.
This indemnification shall survive the termination ufthis Agreement. Nothing contained inthis paragraph isintended to
nor shall itconstitute awaiver ofthe State ofFlorida and |PTM'osovereign immunity.
Vendor is eaubd|vin|on. as defined in Section 76828, Florida Statutes, and Vendor agrees to be fully responsible only
to the extent provided by Section 768.28, Florida Statutes, for the negligent or wrongful acts or omission of any
employee of the Vendor while the employee is acting within the course and scope of the employee's employment, and
for any damages proximately caused by said acts or omissions or torts,
Nothing herein shall be construed as consent by a State Agency or political subdivision of the State ofFlorida hube
sued bvthird parties |nany matter arising out ofthis contract. NoState Agency mrsubdivision indemnifies any other
party or person beyond the extent permitted under the law, no matter what the circumstances. Nothing herein shall be
construed as awaiver by the FDQT. the University, and the Vendor ufany rights or limits to liability existing under
SecUon76D.28. Florida Statutes,
|naccordance with the contract, the Vendor is authorized toperform the tasks detailed inthe scope nfservices
(Exhibits A & B) and is fully responsible for satisfactory completion of all services, Services performed prior to receiving
anexecuted 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 acost reimbursable contract. To be eligible for reimbursement, all costa must be a||ovveb|a pursuant hostate
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 isdistributed |nmreasonable 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.
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SCOPE OF SERVICES
PEDESTRIAN AND BICYCLE SAFETY
("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
U. PURPOSE:
|n2021.3.741people lost their lives |ntraffic crashes onFlorida's roadways. More than 2296cfthem were
pedestrians (835)and more than 5%were bicyclists /187>.
The Purpose ofthis funding opportunity katodevelop and implement effective community level High
Visibility education and enforcement details inareas with the highest reprementaUonofba#icnreohoo
resulting inserious and fatal injuries topodeothenmandbicyoAmta.
The project Goal is to mitigate crashes by increasing awareness of and compliance with traffic laws that
protect the safety of pedestrians and bicyclists on Florida's roads.
Pedestrians and hicvdi�sare nvomavulnerable that all other road users. Tna�ccrashes �vo|�nV
pedeethanaandbi lists are more likely to result in fatal urserious injuries thwnanyoUh*rtyp000ftra#ic
crewnmn.
impairment, and distractions contribute to unsafe conditions for pedestrians and bicyclists and may
beincluded 1nenforcement operations where there iadata k)support the need for these interventions tV
improve the safety ofpedestrians 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
0loyo|e Strategic Safety Plan. High V|e|b||ib/ 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.
Ill. |PTM 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 hoavailability. |PTM maaenx*o 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 toreduce 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, hnchange behaviors and improve the safety ofpedestrians and bicyclists. Vendor
will conduct on -street education and enforcement details at pre -approved locations within pre -approved
times and distribute educational materials with each contact. Education is the preferred method of
behavior correction. Warnings and/or citations ho pedestriame, bicyo||ebm, and motorists will be guided by
2
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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
?.nyone driving, walking, or biking in the area in a way that associates the enforcement activity with the
qafety awareness campaign. The Vendor shall record all detail activity that documents the education and
,tnforcement 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).
• 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 mobilizations.
• 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
I T TbTe M5,177=o ant entorcernent 0,17erations a fi 0 fie loeyt
locations outlined in Exhibit C of this agreement, prioritizing efforts towards higher ranked (Tier 1)
locations.
LJOnly Tier 1 locations shall be worked from contract execution through May 10, 2024
LIOnly Tier 2 locations shall be worked from contract execution through May 10, 2024
XI Both Tier 1 and Tier 2 locations: Tier I locations shall be worked from contract execution through
May 10, 2024. Tier 2 locations can be worked in addition to Tier 1 locations from February 1, 2024
through May 10, 2024
A minimum of two (2) media engagements should be conducted in conjunction with these high visibility
enforcement operations during the contract period.
Vendor performance will be evaluated based on their prioritization 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.
• 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.
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0 Each officer is limited to a maximum of eight (8) hours of reimbursable overtime in any single day
(defined as 12:00 a.m. to 11:59 p.m.), unless there are extenuating circumstances at the end of a shift
that causes the hours to exceed this limit. Extenuating circumstances must be documented in the
activity report. There is no pay period limit.
Officer training is mandatory. For their overtime hours to be reimbursable, officers working the
education and enforcement details must first complete the required four-hour training course titled
"Pedestrian and Bicycle Law Enforcement- Laws, Procedures and Best Practices." 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,
2022. 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 strongly
encouraged to distribute a minimum of two (2) media releases during the contract period, The first
media release announcing that operations are beginning should be distributed a minimum of seven
days in advance of the first education/enforcement detail. The second media release should include
reminder that details are ongoing. This second media release should be distributed approximately
halfway through the contract period. Additional media engagement is also encouraged throughout th
contract period. Media releases may include social or digital media but must also be distributed
through local media outlets. Proof of media engagement should be provided within 30 days of the
press release or news report, I
• 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 I PTM 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.
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City of Ocoee
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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 |iabyd ohmvvm on the authorized personnel list are eligible for
reimbursement under this agreement. The authorized personnel list shall be updated as needed to add
officers and update overtime pay rates.
Invoices must be submitted at least monthly (every 30 days), beginning within 60 days of the contract
execution date. Invoices must contain the following:
PeyroUdocumentation: Vendor must submit payrolldocumentation toaccompany each invoice. This
payroll documentation should clearlv indicate that the detail hours worked under this contract were on
overtime status alonq with the overtime rates that were oaid. 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 imrequested. |tis the responsibility ofthe Vendor toredact any
personally identifiable information such as Social Security numbers prior to submission.
The overtime pay rate for personnel shall bebased onthe actual cost per employeeinaccordance
with the agency's payroll policy. Each agency shall comply with Fair Labor Standards Act (FLSA)
requirements and thresholds for overtime accrual and payment and its own policies and procedures,
insofar anthose policies apply uniformly hmboth federally financed and other activities ofthe agency,
omrequired by2CFR2OO.4O3(o). Additional hours may bacalled overtime, ce||'ou[off duty, extra,
additional, etc.
As part of the "fully burdened" overtime costs, the agency can be reimbursed for the additional benefit
costs paid onthe overtime vvodked. These benefit costs must baadditional costs incurred specifically
aoaresult ofthe overtime being reimbursed. These benefits may include associated portions ofFICA
(Social Security and K0edi000A. Worker's Compensation, Retirement benefits, and fixed sb1M
U|ffenan(|w| comha. Prorated portions of leave accrual, health/life |naunanre, uniform e||omanoe, vehicle
usage, salary incentive, and other standard benefits cannot be reimbursed as they are not additional
costs incurred specifically as aresult ofthe overtime worked.
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 ofeducational contacts, warnings and citations issued tnmotorists, pedestrians, and
bicyclists for each statute. Detail Activity submissions shall be consistent with the corresponding
invoices and payroll documentation.
All requests for reimbursement shall besigned by anAuthorized Representative ofthe Vendor, or their
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The University has 40-daysto review and process invoices for services. This process begins onthe date
the Vendor invoice is received, inspected, and approved. Invoices may be returned if not completed
properly, If payment is not available within 40 days from the University approval, a oopmmmhm interest
penalty at a rate as established pursuant to Section 55.03(l), 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 o 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.
Payment shall be made only after receipt and approval of services provided. If the University determines
that the performanceuftheVendordomono400nuplvwiththervntreotrmquiromontm.#neUnivmosih/ehmM
notify the Vendor ofthe 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
invn|ce(o)for the unpaid amount(s)during the next billing period. |fthe Vendor isunable hmresolve the
deficiency, the funds shall be forfeited at the end of this contractual service agreement.
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 minirnum level of service as outlined in this
Ilk
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 ofthe provision listed within this contract
• submitted timely invoices and record ofdetail activity submissions
• conducted HVE overtime detail efforts in a manner that supports the stated goal
w expended 70%ormore cfthe current contract funding amount
w pedestrian and bicyclist crash circumstances within the Vendor's jurisdiction support the increased
funding amount
Increased funding will be accomplished through an amendment to this contract which must be signed by
the FQOT.Vendor, and |PTN1.
Requests for increased funding must be submitted to IPTM and received on or before February 2Q.2824,
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.700)
ht1P://vmww]_eg. state, O.Us/statgtes/iDdex. cfm?4pr) M1Vde=[)��sp�a\(Statute&URL=O70C-,
0790A078810760.Mtrn|
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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. hKmflwmww.fd|e. state. O.Us/Cmmtmnt/CJST7MonU/Ofhcer-ReauinamemLm-Main-paae/LE'
Eth�ca|-Sb9Ddamia-of-CoMdHC[agr)x
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,
If the Vendor isunable toproperly utilize the full funding amount eaoutlined herein, the amount *ffunding
for subsequent periodsmay b*reduced. |nthe event that the required services are |ndispute, 0va|nvVice
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 naporta, orother deliverables om outlined in this contract may
result in termination of the agreement.
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"111111111N104W
4WANTIFIABLE, MEASURABLE, AND VERIFIABLE DELIVERABLES
• A minimum of two (2) media engagements should 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.
• 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 ofmedia engagements
• Proof of overtime hours worked
BUDGETICOSTANALYSlS
w The name and fully loaded hourly overtime rates tVboused for each officer must besubmitted.
• The overtime rates may include the costs mfhourly overtime plus associated fringe benefits paid upon the
overtime.
• Only hours from officers listed and shown on the authorized personnel list are eligible for reirnbursement under
this agreement.
• Only overtime hours for sworn |avv enforcement officers are eligible for reimbursement (non -sworn civilian
personnel are not eligible).
• Each officer is limited to a maximum of eight (8) hours of reimbursable overtime in any single day (defined as
12:80 a.m. to 11:59 p.m.).
* Payroll documentation should clearly indicate that the detail hours worked under this contract were on overtime
uhahao along with the overtime rates that were paid,
• []On|yTier 1 locations shall beworked from contract execution through May 10,2O24.
FlOnly Tier 2 locations shall be worked from contract execution through May 10, 2024.
0Both Tier 1and Tier 2locations: Tier 1 locations shall beworked from contract execution through May 1D,
2024, Tier 2 locations can be worked in addition to Tier 1 locations from February 1, 2024 through May 10,
2024.
• Payment shall be made only after receipt and approval of services provided.
City ufOcoee
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EXA1131T "C"
Locations for Ocoee Police Department
High Visibility Enforcement Campaign
2023-2024 HIGI I VISIBILITY ENFORCEMENT PROGRAM -ORANGE COUNTY PEDESTRIAN/BICYCLE, HIGH CLASH
SEGMENTS
Time Range
Rank
Roadway Name
From To
Tier
From TO
Day of the
Week
500-ft west of Kelton Avenue
Monday, Tuesday,
13
W Colonial Drive
(Wendy's Blackwood Avenue
1
900 300
Wednesday, Thursday
entrance - 10674 W Colonial Dr,
Ocoee, FL 34761)
250-ft west of Kissimmmee Avenue
(iglesia
29
W Silver Star Road
Kissimmee Avenue N
De Dios entrance - 153 W Silver Star
1
1900 2300
Monday, Friday, Sunday
Rd, Ocoee, Ft. 3476 1)
34
W Colonial Drive
Jacob Nathan Boulevard Citrus Oaks Avenue
2
1800 2300
Monday, Friday, Sunday
56
W Colonial Drive
Maguire Road Bluford Avenue 5
2
700 2100
Thursday, Friday, Saturday
Data SourceT Crash Analysis Reporting System 7/l/2017-6/30/7022 (downloaded March 2023). Tabte lists roadway segments with high representation of traffic crashes resulting in serious injuries
and fatalities to pedestrians and bicyclists,
9
City of Ocoee
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2023-2024 HIGH VISIBILITY ENFORCEMENT PROGRAM - ORANGE COUNTY PEDESTRIAN/BICYCLE HIGH CRASH SEGMENTS
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10
City of Ocoee
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I
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,
Vince Smyth, Associate Vice President Date
Cameron Pucci, Director Date
VENDOR ACKNOWLEDGEMENT: By signing below, I certify that I have read the entire document, agree to abide by
the pricing and all terms and conditions of this Letter of Agreement and Contract, and that I am authorized to sign for
the Vendor,
M =.
08/04/23
no
11
City of Ocoee
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The parties tothis subcontract shall be bound by all applicable sections of Part V: Acceptance and Agreement
ofProject #433144-1'B404.Contract #G2M81�/\final invoice must bnreceived bwJune 7.2O24orpayment
will be forfeited.
ii Buy American Act. The Buy America Act prohibits the use o[Federal highway safety grant funds tmpurchase
any manufactured product or software/information technology systems whose unit purchase price|o$5.0U0or
more, including motor vehicles, that is not produced in the United States. NHTSA may waive those
requirements if (1) their application would be inconsistent with the public interest; (2) such materials and
products are not produced in the United States in sufficient and reasonably available quantities and of a
satisfactory quality; or (3) the inclusion of domestic material will increase the cost of the overall projectmon1noct
by more than 25 percent.
iii� Certification Regarding Federal Lobbying. The subcontractor certifies, to the best of his or her knowledge
and belief, that:
NoFederal appropriated fUndahmve been paid orwill bepaid, bvorombehalf ofthe undersigned, to
any person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into ofany cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2.|fany funds other than Federal appropriated funds have been paid mwill be paid to any person for
influencing mattempting to influence onofficer or employee of any agency, aMember ofCongress, mm
officer oremployee ofCongress, ovanemployee ofa Member ofCongress inconnection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
StmndardForm-LLL.°DiodoauraFormhoReportLohbying."inm000n]anrevviihiioinst/uoUono.
iv. Cooperation with the Inspector General. It is the duty of every subcontractoto cooperate with the inspector
general imany investigation, audit, inspection, review, cvhearing pursuant tothis mubgrantagreement. Chapter
V. DBE Assurance, The subcontractor shall not discriminate on the basis of race, color, national origin,oraexin
the performance of this contract. The consultant or contractor shall carry out applicable requirementsof40
CFR. Pad2U in the award and administration nfU8DOT-ana|shad contracts. Failure by the consultant or
contractor to carry out these requirements is m rnmharie| bnamoh of this cuntroot, which may result in the
termination of this contract or such other remedy, as the Subrecipient or the Department deems appropriate,
v|. E-Verify. Any subcontractors performing work or providing services pursuant to the subgrant agreement are
required to utilize the U.S. Department of Homeland Security's E-Verify ayshann hoverify the employment
eligibility of all new employees hired by the subcontractor during the contract term,
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000u@gnEnvelope ID: 5F7r5a48-9ErO-4102-Au0a-93r8r8a8A3Ea
vk Nondiscrimination. During the performance ofthis subcontract, the Subcontractor agrees:
1, To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to
time
2. Not to participate directly or indirectly in the discrimination prohibited by any Federal non-
discrimination law or regulation, as set forth in appendix B of 49 CFR part 2|and herein
3. To permit access to its books, records, accounts, other sources of information, and its facilities as
required bythe FDOTState Safety Office, U8D0TorNHTSA
4. That, in event o Subcontractor fails to comply with any nondiscrimination provisions in this aubgrent,
the Subrecipient will have the right to impose such subgrant sanctions as it or NHTSA determine are
mppropriete, including but not limited to withholding payments to the Subcontractor under the
oontraoUogneannentonhl the Subcontractor complies; and/or cancelling, terminating, or suspending a
contract orfunding agreement, inwhole orinpart.
viii. Clean Air Act and -Federal Water Pollution Control Act, Subcontracts for amounts in excess of $150,000
must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42
U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S,C. 1251-1387).
Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental
Protection Agency (EPA),
hx� Integrity Certification. The Subcontractor certifies that neither it nor its contractors are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this
Agreement byany federal department mragency. This certification ioamaterial representation offact upon
which the Department is relying in entering this Agreement, {fit is later determined that the Subcontractor
knowingly rendered an erroneous certification, in addition to other remedies available to the federal
government, the department or agency with which this transaction originated may pursue available remedies,
including suspension and/or debarment. The Subcontractor shall provide to the Department immediate written
notice if at any time the Subcontractor learns that its certification was erroneous when submitted or has
become erroneous byreason ofchanged circumstances.
X. Contract Work Hours and Safety Standards Act. All subcontracts in excess of $100,000 that involve the
employment ofmechanics orlaborers must include a provisionhnomn)pl|gncnvvith48D.&C.37Q2and37O4.
omsupplemented bvDepartment ofLabor regulations (29CFRPart 5).Under 4OU�&C.37U2ofthe Act, each
contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard
work week of 40 hours, Work in excess of the standard work week is permissible provided that the worker is
compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in
axoeoo of4O hours in the work week. The oeqmir*nnonin mf4O U.G.C. 3704 are applicable toconstruction 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 nnarkot, or contracts for transportation or transmission
of intelligence.
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A. Indemnification and Insurance. Tothe fullest extent permitted bvlaw, the Subcontractor shall indemnify and
hold harmless the Subrecipient and the State of Florida, Department of Transportation, including the
Department's officers and employees, from liabilities, damages, losses and costs, |nc|uding, but not limited to,
reasonable a#amney's#*os^ tmthe extent caused by the noQUgamco, nack|gmuoemn orintentional wrongful
misconduct of the contractor/consultant and persons employed or utilized by the contractor/consultant in the
performance ofthis Agreement.
This indemnification shall survive the termination ofthis Agreement. Nothing contained inthis paragraph |a
intended to nor shall it constitute a waiver of the State of Florida and the Subrecipient's sovereign immunity.
xiiPolicy on Banning Text Messaging While Driving Act. In accordance with Executive Order 13513, Federl
Leadership On Reducing Text Messaging While Driving, and DOT Order 3902. 10, Text Messaging While
Driving, subrecipients are encouraged to:
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, lease4
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.
Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as
establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging
while driving, and education, awareness, and other outreach to employees about the safety risks, associated
with texting and driving.
Insert the substance of this section, including this sentence, in all su b-ag reeme nt1su bcon tracts funded with the
subaward provided under this Agreement that are $15,000 or more.
xiii, Human Trafficking. The Subcontractor agrees that itand its employees that perform any work Pmthe
subcontract 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 subcontract.
xiv. Contracting with small and minority businesses, women's business enterprises, and labor surplus
area firms. The Subcontractor agrees to take the following affirmative steps to assure that minority
businesses, women's business enterprise, and labor surplus are used when possible:
1. Place qualified small and minority businesses and vpomen'sbusiness enterprises onsolicitation lists;
2. Assure that small and minority businesses, and women's business enterprises are solicited whenever
they are potential sources;
3. Divide total m*qu|nanlentn' when economically feasible, into smaller tasks nrquantities hz permit
maximum participation by small and minority businesses, and women's business enterprises;
4. Establish delivery schedules, where the requirement permits, which encourage participation by small
and minority businesses, and vvono*o'nbusiness enterprises;
5� Use the services and assistance, as appropriate, of such organizations as the Small Business
Administration and the Minority Business Development Agency of the Department of Commerce; and
8. Requiring the prime contractor, if subcontracts are to be |et, to take the affirmative steps listed in
paragraphs (b)(1) through (5) of this section,
xv. Termination for Convenience. |naccordance with Appendix Uto2CFRPart 20O--ConhactProvisions for
Non -Federal Entity Contracts Under Federal Awards, either Party may terminate this Agreement for
convenience upon thirty (30) days' advance written notice to the other Party. Termination of this Agreement,
as such, will not affect payment for services satisfactorily furnished prior to the termination.
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