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R23-128 1 RESOLUTION NO. R23-128 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AUTHORIZING THE CITY MANAGER TO SIGN ALL 5 DOCUMENTS ASSOCIATED WITH THE ACCEPTANCE AND 6 SUBCONTRACT AGREEMENT FOR THE FLORIDA 7 DEPARTMENT OF TRANSPORTATION (FDOT) FLORIDA 8 BICYCLE PEDESTRIAN FOCUSED INITIATIVE: 9 COMMUNICATION AND HIGH VISIBILITY ENFORCEMENT 10 GRANT; AND PROVIDING AN EFFECTIVE DATE. 11 12 13 WHEREAS, The Florida Department of Transportation (FDOT) through a grant with the 14 University of North Florida Training and Services Institute, Inc. d/b/a Institute of Police 15 Technology and Management (IPTM); Project #433144-1-8404, Contract #G2M61 utilizes law 16 enforcement support to reinforce safe pedestrian, bicyclist, and driver behaviors in priority 17 counties in Florida; and 18 WHEREAS, the goal of this effort is to reduce traffic crashes resulting in serious and 19 fatal injuries to pedestrians and bicyclists using high visibility education and enforcement 20 details; and 21 WHEREAS, approval of this subcontract will allow BBPD to conduct education and 22 enforcement operations in areas specified as high frequency crash fatality locations for 23 pedestrians and bicyclist; and 24 WHEREAS, upon recommendation of staff, the City Commission has determined that 25 it is in the best interests of the residents of the City to authorize the City Manager to sign all 26 documents associated with the acceptance and subcontract agreement for the Florida 27 Department of Transportation (FDOT) Florida Bicycle Pedestrian Focused Initiative: 28 Communication and High Visibility Enforcement Grant. 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 30 BOYNTON BEACH, FLORIDA, THAT: 31 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 32 being true and correct and are hereby made a specific part of this Resolution upon adoption 33 hereof. S:\CA\RESO\Agreements\Grants\FDOT Bicycle Pedestrian Initiative Grant(23-24)-Reso.docx 34 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 35 authorize the City Manager to sign all documents associated with the acceptance and 36 subcontract agreement for the Florida Department of Transportation (FDOT) Florida Bicycle 37 Pedestrian Focused Initiative: Communication and High Visibility Enforcement Grant, a copy of 38 which is attached hereto as Exhibit "A". 39 Section 3. This Resolution shall become effective immediately upon passage. 40 PASSED AND ADOPTED this 14th day of September, 2023. 41 CITY OF BOYNTON BEACH, FLORIDA 42 43 YES NO 44 45 Mayor—Ty Penserga 46 / 47 Vice Mayor—Thomas Turkin ✓ 48 49 Commissioner—Angela Cruz ./ 50 51 Commissioner—Woodrow L. Hay 52 53 Commissioner—Aimee Kelley 54 55 VOTE c-0 56 57 A ■ EST: 58 60 Mayl:e • - esus, M'A, MMC T ' s- •• 61 City Cler Mayo 62 63 ; O'i'N TOA,`‘, A' 'ROVED A TO FORM: 664 14 5 (Corporate Seal) O.GORPORgrF• � �1' ,, 66 • • SE •AL _ S; David N. Tolces INCORPORATED; 67 1920 ; Interim City Attorney 68t ,o•� FLORIO\ S:\CA\RESO\Agreements\Grants\FDOT Bicycle Pedestrian Initiative Grant(23-24)-Reso.docx DocuSign Envelope ID:07335633-DBBF-49D1-A459-E996AE1 D2912 \cy`ltuteofNil Institute of Police Technology and Management IPTMUniversity of North Florida 12000 Alumni Drive I Jacksonville, Florida 32224 n FOUNDED 1980 C °s� e, Phone: (904) 620-4786 I Fax: (904)62o-2453 7,9 e(°9Yandvio www.iptm.org August 16, 2023 Ms. Maura Andrews Traffic Safety Program Manager Florida Department of Transportation 605 Suwannee Street, MS 53 Tallahassee, Florida 32399 RE: Pedestrian and Bicycle Safety High Visibility Enforcement and Support Program Project Number: 433144-1-8404 Contract Number: G2M61 Dear Ms. Andrews, 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 Boynton Beach in the amount of$5,438.24. Under the contract, Boynton Beach Police Department will conduct overtime high visibility education and enforcement operations through May 10, 2024. I appreciate your consideration of this request. Sincerely, Angel Williams Coordinator Attachment Training the Next Generation of Law Enforcement DocuSign Envelope ID:07335633-DBBF-49D1-A459-E996AE1D2912 Letter of Agreement and Contract In this contract between the City of Boynton Beach ("Vendor")and University of North Florida Training and Services Institute, Inc.,d/b/a Institute of Police Technology and Management("IPTM"),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 10, 2024. Total contract amount will not exceed $5,438.24 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#G2M61. All services must be completed by May 10, 2024. The final invoice must be received by June 7, 2024 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 ("State Agencies"or individually"State Agency") respective total liability in negligence or indemnity for acts of its employees or officers shall not exceed the limits 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 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 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& B)and is fully responsible for satisfactory completion of all services. Services performed prior to receiving an executed contract from the University will not be eligible for reimbursement. This contract does not involve the purchase of Tangible Personal Property, as defined in Chapter 273, Florida Statutes. 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. 1 City of Boynton Beach DocuSign Envelope ID:07335B33-DBBF-49D1-A459-E996AE1 D2912 EXHIBIT"A" SCOPE OF SERVICES PEDESTRIAN AND BICYCLE SAFETY HIGH VISIBILITY EDUCATION AND ENFORCEMENT CAMPAIGN OBJECTIVE: The Florida Department of Transportation ("FDOT"), through a subgrant with University of North Florida ("University"), will utilize law enforcement support to reinforce safe pedestrian, bicyclist, and driver behaviors in priority counties in Florida. The goal of this effort is to reduce traffic crashes resulting in serious and fatal injuries to pedestrians and bicyclists using high visibility education and enforcement details. II. PURPOSE: In 2021, 3,741 people lost their lives in traffic crashes on Florida's roadways. More than 22%of them were pedestrians (835)and more than 5%were bicyclists (197). The Purpose of this funding opportunity is to develop and implement effective community level High Visibility education and enforcement details in areas with the highest representation of traffic crashes resulting in serious and fatal injuries to pedestrians and bicyclists. The project Goal is to mitigate crashes by increasing awareness of and compliance with traffic laws that protect the safety of pedestrians and bicyclists on Florida's roads. Pedestrians and bicyclists are more vulnerable that all other road users. Traffic crashes involving pedestrians and bicyclists are more likely to result in fatal or serious injuries than any other types of traffic crashes. Speed, impairment, and distractions contribute to unsafe conditions for pedestrians and bicyclists and may be included in enforcement operations where there is data to support the need for these interventions to improve the safety of 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/training materials, a copy of Florida's Pedestrian and Bicycle Strategic Safety Plan, and educational materials to the Vendor for distribution during enforcement operations upon contract execution. Additional educational materials, bicycle lights, and electronic media may be requested by the Vendor but are subject to availability. IPTM reserves the right to review and audit the Vendor's 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 2 City of Boynton Beach DocuSign Envelope ID:07335633-DBBF-49D1-A459-E996AE1 D2912 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: • 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 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 (Tier 1) locations. ®Only Tier 1 locations shall be worked from contract execution through May 10, 2024 ❑Only Tier 2 locations shall be worked from contract execution through May 10,2024 El Both Tier 1 and Tier 2 locations: Tier 1 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. 3 City of Boynton Beach DocuSign Envelope ID:07335B33-DBBF-49D1-A459-E996AE1 D2912 • 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 (7) days in advance of the first education/enforcement detail. The second media release should include a 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 the 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. • 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. 4 City of Boynton Beach DocuSign Envelope ID:07335633-DBBF-49D1-A459-E996AE1D2912 Strategic: Enforcement targets high-risk locations during high-risk times. APPROVED PERSONNEL LIST Prior to commencing the services outlined under this contract, Vendor must submit a list of personnel authorized to participate in overtime details under this agreement through the provided online platform. The name and fully loaded hourly overtime rates to be used for each officer 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 shown on the authorized personnel list are eligible for reimbursement under this agreement. The authorized personnel list shall be updated as needed to add officers and update overtime pay rates. METHOD OF COMPENSATION/PAYMENT SCHEDULE Invoices must 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. • 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 paid. As this is a cost-reimbursable contract, IPTM can only reimburse the Vendor for an amount up to the total costs incurred for the overtime worked; therefore, Vendor must include 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. The overtime pay rate for personnel shall be based on the actual cost per employee in accordance 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 as those policies apply uniformly to both federally financed and other activities of the agency, as required by 2 CFR 200.403(c). Additional hours may be called overtime, call-out, off duty, extra, additional, etc. As part of the"fully burdened"overtime costs, the agency can be reimbursed for the additional benefit costs paid on the overtime worked. These benefit costs must be additional costs incurred specifically as a result of the overtime being reimbursed. These benefits may include associated portions of FICA (Social Security and Medicare), Worker's Compensation, Retirement benefits, and fixed shift differential costs. Prorated portions of leave accrual, health/life insurance, uniform allowance, vehicle usage, salary incentive, and other standard benefits cannot be reimbursed as they are not additional costs incurred specifically as a result of the 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 of educational contacts, warnings and citations issued to motorists, pedestrians, and bicyclists for each statute. Detail Activity submissions shall be consistent with the corresponding invoices and payroll documentation. All invoices must be submitted through the provided online platform. In case the provided online platform is unavailable, invoice documentation can be sent electronically to ped.bike.safety(c�iptm.org. All requests for reimbursement shall be signed by an Authorized Representative of the Vendor, or their delegate. 5 City of Boynton Beach DocuSign Envelope ID:07335B33-DBBF-49D1-A459-E996AE1 D2912 The University has 40-days to review and process invoices for services. This process begins on the date the Vendor invoice is received, inspected, and approved. Invoices may be returned if not completed properly. If a payment is not available within 40 days from the University approval, a separate interest penalty at a rate as established pursuant to Section 55.03(1), F.S.,will be due and payable, in addition to the invoice amount, to the Vendor. Interest penalties of less than one(1) dollar will not be enforced unless the Vendor requests payment. Invoices that have to be returned to a Vendor because of Vendor preparation errors will result in a delay in the payment and is not subject to the interest penalty. The Vendor payment requirements do not start until a properly completed financial reimbursement request is provided to the University. FINANCIAL CONSEQUENCES Payment shall be made only after receipt and approval of services provided. If the University determines that the performance of the Vendor does not comply with the contract requirements, the University shall notify the Vendor of the deficiency to be corrected, and the correction shall be made within a timeframe to be specified by the University. If the deficiency is subsequently resolved, the University agrees to pay the invoice(s)for the unpaid amount(s)during the next billing period. If the Vendor is unable to resolve the deficiency, the funds shall be forfeited at the end of this contractual service agreement. PRE-APPROVED HVE LOCATIONS Education and enforcement overtime details are only authorized at locations(specific intersections, corridors, and/or regions)that have been pre-approved by the FDOT. Vendor may not be reimbursed for efforts conducted at locations that have not been pre-approved, that take place prior to the date of the approval of this agreement, or that do not comply with the minimum level of service as outlined in this agreement. Each pre-approved location will have clearly defined boundaries; day(s)and times of day in which the overtime details can be worked and will be outlined in Exhibit C. REQUESTS FOR ADDITIONAL FUNDING The Vendor may request an increase to the total funding amount of this contract during the contract period. If the funding is available, the increased funding request may be considered if the Vendor has: • satisfied all of the provision listed within this contract • submitted timely invoices and record of detail activity submissions • conducted HVE overtime detail efforts in a manner that supports the stated goal • expended 70%or more of the current contract funding amount • pedestrian and bicyclist crash circumstances within the 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 29, 2024. 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) http://www.leg.state.fl.us/statutes/index.cfm?App mode=Display Statute&URL=0700- 0799/0760/0760.html 6 City of Boynton Beach DocuSign Envelope ID:07335633-DBBF-49D1-A459-E996AE1D2912 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. https://www.fdle.state.fl.us/Content/CJST/Menu/Officer-Requirements-Main-Paqe/LE- Ethical-Standards-of-Conduct.aspx 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 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 Boynton Beach DocuSign Envelope ID:07335B33-DBBF-49D1-A459-E996AE1D2912 EXHIBIT "B" EFFORT SUMMARY FLORIDA'S PEDESTRIAN AND BICYCLE FOCUSED INTITIATIVE HIGH VISIBILITY ENFORCEMENT CAMPAIGN QUANTIFIABLE, MEASURABLE, AND VERIFIABLE DELIVERABLES • A minimum of two (2) media engagements 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 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 shown on the authorized personnel list are eligible for reimbursement under this agreement. • Only overtime hours for sworn law enforcement officers are eligible for reimbursement(non-sworn 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 12:00 a.m. to 11:59 p.m.). • Payroll documentation should clearly indicate that the detail hours worked under this contract were on overtime status along with the overtime rates that were paid. • Only Tier 1 locations shall be worked from contract execution through May 10, 2024. ❑Only Tier 2 locations shall be worked from contract execution through May 10, 2024. ❑Both Tier 1 and Tier 2 locations: Tier 1 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. • Payment shall be made only after receipt and approval of services provided. Total contract amount not to exceed: $5,438.24 8 City of Boynton Beach DocuSign Envelope ID:07335633-DBBF-49D1-A459-E996AE1 D2912 EXHIBIT"C" Locations for Boynton Beach Police Department Florida's Pedestrian and Bicycle Focused Initiative High Visibility Enforcement Campaign 2023-2024 HIGH VISIBILITY ENFORCEMENT PROGRAM-PALM BEACH COUNTY PEDESTRIAN/BICYCLE HIGH CRASH SEGMENTS Time Range Rank Roadway Name From To Tier Day of the Week From To 19 W Boynton Beach Boulevard Winchester Park Congress Avenue 1 1500 100 Tuesday,Wednesday,Friday, Boulevard Sunday Data Source:Crash Analysis Reporting System 7/1/2017-6/30/2022(downloaded March 2023).Table lists roadway segments with high representation of traffic crashes resulting in serious injuries and fatalities to pedestrians and bicyclists. 9 City of Boynton Beach DocuSign Envelope ID:07335633-DBBF-49D1-A459-E996AE1 D2912 EXHIBIT"C" 2023-2024 HIGH VISIBILITY ENFORCEMENT PROGRAM PALM BEACH COUNTY PEDESTRIAN/BICYCLE HIGH CRASH SEGMENTS ow1y.aw. 6 - p I /k z w an Indlanw•Rd a m 11 kIll •Sln II i Nerpmld P art• 031 V 1• I i )r .0•41,4 II, , I• • • ` • ! • A lay• lyl '-.° • ,Wast Palm • 1 a d c`rdu{yval ds•• • Belah ' North Palm Beate County tn., /'/, • i// I) - AM01111011Jfl I hiPal 'I • G ( 1.' 1. i t vie* PO.Blvd 1 •.i_ i� I • •P••,.'a Patin 9•p logs!' . 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I I. , s ( I I I 1 ,I G 4 I , 4,,,,,,,,,,," • it I i. : I id • rh •,,II"I"�'•'R t�iyb�7 ' eke Worth• I f °'„�. gefra•Bueh .eeyenand . -.---1:ILI_j. �I Beath • • i. I ) 11 .•7 v�untRr•s t :. r LR�iIfl+eg� • Y 1 ) Q Kings Poi? ,•,.. Rainbow, ee1w1� 5 . �}i]• c• • •• . o•.dnv aHome:lei: •.° I'..I. -..,...,13�/ . it, • ,s '04 • d wo v• _. Highland Beach • •i �. , I • s • f . 1).,0.,..;;;,•.-,- j- • umrdriiWP.n • s Cow."Pan . + • I. • • n w:r•• 1/.I' m 1/ ,I •1I 'i t e U 1"7!' •l, 17 'i 1j , ••VeL.•1,•,Pe • • • ¢ ,cnd.,•R• • f Iiict, 1, wu .• a il Boca Raton I rP• .•n•Pa*Ra • _ — .„ 10 City of Boynton Beach DocuSign Envelope ID:07335B33-DBBF-49D1-A459-E996AE102912 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/b/a Institute of Police Technology and Management 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. Vendor Name: City of Boynton Beach Address: 2100 High Ridge Road, Boynton Beach, FL 33426 -__.4 . 1-1 Vendor's Authorized Agent Signatu : Date . Printed Name 1 U CONTRACTUAL SERVICES AGREEMENT REVIEWED ANC APPROVED �oowagn�n.-�d``by: eik444 08/17/23 T i"te°1 `rAFT'r' ADMINISTRATOR DATE 11 City of Boynton Beach DocuSign Envelope ID:07335B33-DBBF-49D1-A459-E996AE1 D2912 Exhibit "D" FY2023 - Subcontract Agreement Required Federal Clauses, Per Part V The parties to this subcontract shall be bound by all applicable sections of Part V: Acceptance and Agreement of Project#433144-1-8404, Contract#G2M61. A final invoice must be received by June 7, 2024 or payment will be forfeited. ii. Buy American Act.The Buy America Act prohibits the use of Federal highway safety grant funds to purchase any manufactured product or software/information technology systems whose unit purchase price is$5,000 or more, including motor vehicles, that is not produced in the United States. NHTSA may waive those requirements if(1)their application would be inconsistent with the public interest; (2) such materials and products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or(3)the inclusion of domestic material will increase the cost of the overall project contract by more than 25 percent. iii. Certification Regarding Federal Lobbying.The subcontractor certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. iv. Cooperation with the Inspector General. It is the duty of every subcontractor to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing pursuant to this subgrant agreement. Chapter 20.055(5), F.S. v. DBE Assurance. The subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The consultant or contractor shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of USDOT-assisted contracts. Failure by the consultant or contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the Subrecipient or the Department deems appropriate. vi. 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 system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 12 City of Boynton Beach DocuSign Envelope ID:07335633-DBBF-49D1-A459-E996AE1D2912 vii. Nondiscrimination. During the performance of this 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 2I and herein 3. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the FDOT State Safety Office, USDOT or NHTSA 4. That, in event a Subcontractor fails to comply with any nondiscrimination provisions in this subgrant, the Subrecipient 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 Subcontractor under the contract/agreement until the Subcontractor complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part. 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). ix. 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 by any federal department or agency. This certification is a material representation of fact upon which the Department is relying in entering this Agreement. If it is later determined that the 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 by reason of changed circumstances. x. Contract Work Hours and Safety Standards Act. All subcontracts in excess of$100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 13 City of Boynton Beach DocuSign Envelope ID:07335633-DBBF-49D1-A459-E996AE1 D2912 xi. Indemnification and Insurance. To the fullest extent permitted by law, 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, 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 the Subrecipient's sovereign immunity. xii. Policy on Banning Text Messaging While Driving Act. In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, subrecipients are encouraged to: Adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company-owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official business or when performing any work on behalf of the subrecipient agency and/or the Government. 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 sub-agreement/subcontracts funded with the subaward provided under this Agreement that are$15,000 or more. xiii. Human Trafficking. The Subcontractor agrees that it and its employees that perform any work on the 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 women's business enterprises on solicitation lists; 2. Assure that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 3. Divide total requirements, when economically feasible, into smaller tasks or quantities to 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 women's business 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 6. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs(b)(1)through (5)of this section. xv. Termination for Convenience. In accordance with Appendix II to 2 CFR Part 200—Contract Provisions 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. 14 City of Boynton Beach