HomeMy WebLinkAboutExhibitLetter of Ae,reerneut and Contract
In this cn strret between City of Miami Police. De, ;;a #..rnent ("Vendor") and true U-niversitvv of South Florida Board
of Trustees, a public bodv corporate for the University of South Florida's Center for Urban Transportation
Research ("USF" or "University' ). the Vendor agrees to perform the services as outlined bow and in the attach d
Exhibits A and B. The contact will run from th-e date of execution of the contact through hille 30, 2020, as detailed and
outlined below.
TOTAL NOT TO EXCEID S88,0O0.O0
Scope of work and Services to be Provided:
Vendor agrees to perform the Scope of Services, as briefly outlined below end elaborated in Exhibits A and B.
High Visibility Enforcement of all road
stirs, including pedestrians, bicyclists, and
motorists, in an effort to change behaviors
and improve the safe y of pedestrians and
bicyclists,
Conduct on -street education and enforcement
operations including the distribution of
educational materials, and the issuance of
warnings and/or citations to pe deslrians,
bicyclist, and motorists in accordance with
Florida Statutes. The Vendor must emphasize
education and docnment educational effort,
throughout the entire contact period.
Education
The Vendor shall distribute the provided
safety educational materials during ALL High
Visibility Enforcement operations,
The Vendor is regt red to engage the media
The initial required media engagement will
during the contract period. The Vendor
apdao nce that operations will be.. and ►►►mast
shah distribute a minimum of two (2) press
be conducted a minimum of seven (7) days in
releases during the contract period.
advance of to operation start date. The
second release must include FDOT approved
messaging (provided by the University) to
coincide with one of the various Alert Today
Florida campaigns occutin.g. during the year.
Additional media engagement is encouraged
throughout the contract period. Proof of media
engagement must be provided within 30 days
of the press release or news report as abackup
documentation component for invoicing
during the period in which it is conducted.
Quantifiable, rn asureabie, and verifiable deliverables
• A total of 200 operations to be completed during the contract period.
• An actual average of 15 hours per week to be maintained or exceeded during, the contract period.
e Activity reports to be submitted for all 200 details worked.
Minim -um level of service to be performed and criteria for evaluating successful completion.
• The Vendor will perform a minimum of (90%) ninety percont of contacted efforts.
City of Miami Police Depa_r-unent
Performance Measures;
Proof of performance documentation must be submitted. This includes, but is not limited to, the folio ing:
• Activity Reports
• Proof of media engagernent
• Proof of officer training
Method of eompensation/Faynient Schedules
• Invoices must be submitted at least monthly, as outled in Exhibit A.
o All invoices must include the dates of service (to/from) and the following certification statement: "All costs are
true and valid costs incurred in accordance with the agreement, deliverables were received and accepted." The
certification statement must be signed by an authorized agent of the `Vendor". Invoices must be submitted
through the provided online pletfcrui. In case access to the provided online platform cannot be obtained, invoice
documentation can be sent electronically to aec2@cuir usf.edu.
Financial Consequences:
€ If the Vendor is not Inecting the agreed upon level of effort as outlined in Exhibit B, the lull amount of funding
may be reduced. In the event that the required serriees are in dispute, the invoice may be pro -rated, reduced, or
withheld until adequate documentation is provided to support the completion of such services and the dispute is
resolved. If minimum performance requirements arc not met, the invoice will be pro -rated, and payment will
only be made for services that were completed as outlined in this agreement
City of Miami Police Department
Terms and conditions:
This contract is being entered into under the terms and conditions of FDOT Project #DPB-17-01-01, Contract
GO P06. The parties to this contract shall be bound by all applicable s `lions of Part V: Acceptance and Agreement o_ f
FDOT Project :r DPB-1 7-01-01, Contract #G0P06. A final invoice must be received by July 15, 2020 or payment will be
forfeited.
It is expressly understood that the Vendor is an h defe-ndent contractor, and not an agent of the FDOT or the University
of South Florida. The FDOT and the University's liability in negligence or indemnity for acts of its employees or
officers will only be provided in accordance with Section 768,28, Florida Statutes. Neither the FDOT nor the University
shall be responsible for attorney fees except as provicle-dby statute nor does either waive any defense of sovereign
immunity or consent to being sued except as provided by Florida law.
Responsibility for Claims and Liability. Subject to the iinaitations of Section 768.28. Florida Statutes, the vendor shall
defend, hold hornless, and indemnify FDOT and the University from all claims and liability or both, due to neligence,
recklessness, or intentional wrongful acts or omissions of its employees while acting within the scope of the employee's
office or employment and while providing services under this contract, AS "state agencies or subdivisions" of the State
of Florida within the meaning of Section 768.28(2), Florida Statutes, FDOT, the University, and the Vendor's ("State
Agencies" or individually "State Agency") respective total liability shall not exceed the limits of their waiver of
sovereign immunity provided under Section 768.28, Florida Statutes, Nothing herein shall be construed as consent by the
State Agencies to be sued by third parties in any matte_ arising out of this contract or as a waiver by the State Agencies
of any irnrnunities, rights or limits to liability provided by Florida law. Each State Money shall be responsible for its
own attorney fees in the event of a dispute.
In accordance with the contact, 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, Vendor may not commence work prior to the
issuance of a purchase order by the University. The delivery of services will begin upon execution of the contract and
will end on or before June 30, 2020.
Deliverables crust be received and accepted in writing prior to payment being made,
UNIVERSITY CANNOT PROVIDE LEG. 11 ADVICE TO VENDOR DOR REGARDING
ITS LEGAL Duras. HOWEVER, VENDOR MAY CONTACT UNIVERSITY'S
CUSTODIAN OF PUBLIC RECORDS AT USFPIJRCHAS G@TJSF.EDT OR 8i3-
974-2481 IF VENDOR EAS QDTSTIO REGARDING THE APPLICATION O3
CHAPTER 119, FLORIDA STATUTES TO THE VENDOR'S DUTY TO PROVffE
AND MALNTAIN PUBLIC RECORDS RELATING TO I S AGREEMENT.
CANCELLATION: This contract may be unilaterally cancelled by the University or FDOT for refusal by the Vendor to
allow public access to all document% papers, letters, or other material made or received by the Vendor in conjunction
with this contact, 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 Police Department
EXEM3I "A"
"
SCOPE OP SERVICES
PED STR,LAN AND BICYCLE SAFETY Eiti y ORCF =f FNT C AIL' 1GN
OB,IE'CTiE:
The National Highway Traffic Safety Administration (NriT SA), Florida Departnent of Transportation
(FDOT), and University of South Florida Center for Urban Transportation Research (CUTR) entered into a
cooperative agee.mentto develop an effective, integrated, grassroots pedestrian safety initiative in two focus
cities in the State of Florida. The purpose of this project is to develop and integrate an effective grassroots
educational and high visibility enforcement program that influences behaviors bene_itting high -risk pedestrian
and bicyclists groups) along approved hid crash corridors to reduce traffic crashes resulting in injuries and
fat`iitiess to pedestrians and bicyclists.
II. PURPOSE:
The University will work with the vendor(s) to inte Lrrate a data -driver. program that is self-sustaining at the
end of the project period. The objectives of this project include, but are not limited to:
a. Develop and implement local programs that demonstrate how education and enforcement strategies can
be combined to effectively redune motor vehicle traffic crash related pedestrian and bicyclist injuries and
fatalities.
b, Identify processes;, mechanisms, or approaches for local communities to address pedestrian and bicycle
safety by combining behavioral -based strategies such as education and enforcement.
Upon completion, CU 1 R will develop the process and outcomes into a guidebook format that can b-e shared
as a "best practice" that is effective, efficient, equitable and sustainable.
CUTR will
!- llab ly- it and 1_ # r( ff .,1
WI11 work 4V3!�S3Vrs==1VGJ� with, support t:12 vendor(s) efforts to Ill?� ;Gmu31L a comprehensive
enforoeme t and educational campaign that addresses motor chicle crashes resulting in injuries and fatalities
to pedestrians and bicyclists, and to develop a susta'inability plan.
To ensure project success, a proven program, \k,aikWise has been selected to serve as the pedestrian and
bicycle safety grassroots education program..
IT[. SERVICES TO BE PROVIDED BY THE VENDOR:
A. High Visibility Enforcement of all road users, including pedestrians, bicyclists, and motorists, in an
effort to change behaviors and improve, the safety of pedestrians and bicyclists. Conduct on -street
education and enforcement operations including the distribution of educational_ materials, and the issuance
of wa_rnins andlor citations to pedestrians, bicyclists, and motorists in accordance with Florida Statutes.
The Vendor must emphasize education and docuarient educational efforts throughout the entire contract
period.
B. Operations must begin ;within 30 days of the contract execution date. Exceptions for delayed start
may be approved if a State of Emergency is declared by the Governor that directly impacts the Vendors
ability to perform. Ali exceptions require the approval of the University and FDOT.
C. The Vendor shall distribute the provided safety educational materials during ALL ligh Visibility
Enforcement operations. Vendors that elect to participate in bicycle light distribution will be required to
complete a separate Bicycle Light Distribution Assurance form. Lights may be available, but due to
limited quantities, this is not guaranteed.
City of Miami Police Department
D. The Vendor is required to engage the media during the contract period. The Vendor shall
distribute a minimum of four (4) press releases during the contract period. The initial required
metlia engagement will announce that operations will been and must be conducted a minimum of
seven (7) days in advance of the operation start date, The subsequent re ases must include FDOT
approved messaging (provided by the University) to coincide with one of the various Alert Today
Florida campaigns occurring during the year. Additional media engagement is encouraged throughout
the contract period. Proof of media engagement must be provided within 30 days of the press release or
news report as a backup documentation component for invoicing during the period in which it is
conducted.
TV. UNTVERSI'TY I.SPONSIBRIT ES:
The University will work with the consultant to develop a sns=r lebili y plan for the program r;rior to
irnnlernentation,
The University will provide to Nv'eridor copies of the required taining materials, a copy of Florida's Pedestrian
and Bicycle Sfrategic Safety Plan, educational materials for dit„:i bu on, and approved safety messages. The
University reserves the right to review and audit the Vendor's compliance with the terns of this Letter of
Agreement and Contract Coring b'usine. s hours and at the Universit is sole expense. In the event University
determines that Vendor is not averaging the required nuinber of o ernations, hours, and offic-ers in each
operation over the period of time between the date delivery of seivices commences and the audit date, es
agreed to herein, the University may reduce the funding for the remainiig term of the Agreement by the
percentage difference between the required number of operations and officers and the Actual Average.
(Info,- ;,cation regarding the "Actual Average" can be found on the last page of his contract.)
VENDOR SPO iS]3T(,ii.LS:
ON -STREET OPERATIONS
Fuuiitig iS feSi iv .d to vv.-street wiertinie upeiatio s conducted by .4.4,.)rii CS.iI?oTeek4ieut uf.ilvers .s'pek.;? is Lu
pedestrian and bicycle safety in the. identified priority areas., conducted at the level of effort shown in this
contract. The Vendor will he Ieimbursed based on performance of specific tasks listed within the contract.
In -voices must document that €a h officers lit]"bai 40-hour minimum level of effort has been met prior to
participating in ove thn e operations (none — of fi er3 can be scheduled to work ME overtime
time
operations in a riven week prior to having, met the 40-hour minimum. However, should the oft er not
end up working their full 40 hours during that week, then those hours for EVE would not be owl —true;
and tbirs would not be eligible for reimbursement. No hours ruay be charged for effort other than those
specified in the contract. Example: General speed enforcernent would not quality, for reimbursement,
however, enforcing speed in a priority area where data reflects that speed is contributing to traffic
crashes involving pedestrians and bicyclists would qualify for reimbursement. Vendors will not be
reimbursed for operations that take place outside of the identified priority areas.
The funding that is provided to the Ve,ndor is not to be used to suppluiii the Vendor's ongoing enforcement
.eras
and educational efforts. Duplicated efforts will not be eligible for reimbursement. Only sworn law
enforcement officers are eligible to conduct activities (Community Service Officer (CSO) are not eligible,' for
reimbursement). Only High Visibility Enforcement is eligibly for Ieimbursement ou. this contract time spent
for activities such as training, outreach, school evaits, as rninisuative time, etc. are not eligible for
reimbursement. Hours that are not in excess of an officers normal 40-hour work week are not eligible for
reimbursement.
NON-DISCR i TION AND E ST_A-NDARDS
No person shall, on the ground of race, color, religion, sex, handicap, or national origin, be subjected to
discrimination ender any program or activity supported by this contract. The agency agrees to comply with
the Florida Civil Rights Act (F.S. 760)
lit? _.s a._.f .u-li tatutesfindex of';trnDo r .fie Des Statu ekU 000-07 J15e.'0 6n.h _+
City of ivflazni Police Department
All officers participating in High 'Visibility Enforcement activities are riq=ir� to w�lthe Law
Enforcement Officer Ethical Standards of Conduct as established by `tee I-1c icla Department of Law
Enfo ementt, 1'ttos:/i w-,i a7/.felle state.,fl.us/Co! tent C-JSTI enti affice= en] t 4a' Pa '
Lrc .>, i_---R._ sir=;r,.a yi+,. ��- �__P'3..E-t,�i..a_-
Standar ds-of Conduct.assnx
TRAIN -LNG & PERSONNEL RAGS
There are two required training modnies that can be accessed for free on the wv y.Al = tTo:' s ,
we site. All officers must meet all training requirements, re aidless of previous training. Each officer will be
responsible for taking the training and pas sing quizzes. Time for completion of these training requirements
mall be in -kind.
RE TTI4:.E D: Tile following Roll videos must be viatche.d by 2:. ii officers. In addition, thee; i5 a qa_17 that
must be completed with a score of at least 80%:
''Pedestrian Safety Roll Cali for Law Enforcement" _ , .. w. _.. _ _z. _, _. _'h -
"Cycling Safety Roll call. for Law Enforcement" htt f w7 =---'e'-.',al. i3C yfi r - -.-o i_.
DPTIO '_L: The followingtraining,- videos are optional, bit we strongly encourage your officers to take part
Ln these trainings: _
"Pedestrian Safety Traimn for Law EProrc : rrit"
'Enhancing Bicycle Safety: Law Enforcement's Role" h- 'j:. s ,s",1 _ . _ :.0
Prior to commencing the services outlined under this contract,Vendor must submit a signed and dated list of
personnel authorized to perkovertime operations under this agreement, including a certification cation of
completion of the required training, and a Ally -loaded hourly overthne rate range (no more than ±1- $5.00) to
be used for each officer. The contract hourly billing rate- range shall include the costs of hoar- y overtime plus
a i ici it fringe benefits. Only hours fwin ofriueis listed and within the h' ie ieuge shown on i€ e auUoriLed
personnel list are eligible for reimbursement cinder this agreement. The authorized personnel list in_y Ue
upd_ted to add officers and update bitting rates, but rio hours may be ch_; 2ed for di;i t 3 ff
in_--_daar o_�Fce, until
after the undated oersonnel Ii.: has been si fed and dated showing their contract billing rate and veri -wing
tra rinn has been oomoieted, (Note —All rates must match the. pay;oli documentation submitted with each
monthly invoice.) Time for taininl may not be charged to this contract.
CORE ACTIVITY PERFORMANCE MEEASt1-" S
Each Law Enforc-ement Agency will perform a minimum of (80%) eighty percent of contracted efforts
outlined within their High Visibility Enforcement contract within the contract period to be eligible for agency,
of he year award consideration. Each successive fiscal_ year, agencies will be prioritized for funding based on
percentage of performance expectations that were met. Performance will be tacked through monthly activitv
reports and measured againstthle established enforcement plan.
CO S Q L'ENCES FOR NON PERFORMANCE
lithe Vc i dor is not meeting the agreed upon level of effort as outlined in Exhibit B, the fill amount of
funding for subsequent periods will be reduced. In the event that the required services are in dispute, the
it voice may be pro -rated, reduced, or withheld until adequate documentation is provided to support the
completion of such services and the dispute is resolved. If minimum performance 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 agreer1nent.
city of Miami Police Department
JN OIL1S
Lnvoices must be submitted at least monthly (every 30 days), beginning within 60 days of the contract
execution date. Failure to submit invoices as outlined in this contract may result in termination of the
agreement. if payroll is bi- r: e.ekly, invoices may be submitted after every two pay periods. Invoices must
contain the following:
• Invoice: summary of hours charged and total due. Vendor must use the invoice template provided
by the University.
• PersonnelTimesheets: total hours for each individual officer must be reported. Total hours
include hours worked on this contact, and any other hours the officer works during the month.
The timesheets should clearly indicate that the hours charged to this HVE contract are above and
beyond the officer's normal 40-hour workweek. Vendors must submit hours using the Personnel
Services Tirneshevt template provided by the University.
• Activity Reporting font: one page for each operation/location completed showing officers
assiYned, date, times, location, safety issue addressed and corresponding_ enforcement approaches
used, contacts overview, number of materials distributed, and the numbers of warnings and
citations issued to motorist, pedestrians, and bicyclists under each Statute. Vendors must utilize
the Activity Reporting Fora ternplatc provided by the University.
• Payroll documentation: Vendor must submit payroll documentation to accompany each invoice.
This payroll documentation should clearly indicate overtime rates that match the invoice, when
each officer perfo_'rned overtime activities (roust match the personnel tiresheet), that the hours
being claimed are for hours worked in excess of the normal 40 hour workweek, and must include
either a pay stub or payroll ledger documenting payment to each officer for which you are
requesting reiriburse.nent. Any personal information, such as social security numbers, should be
redacted.
Personnel Letter: Prior to commencing the services outlined under this contract, Vendor must
submit a signed and dated list ofpersonnel authorized to perform overtime operations under this
ao eernent, including a certification of completion of the required training, and a fully -loaded
hourly overtime rate range (no more than /- $5. ) to be used for each officer. Tire for training
may not be charged to this contract.
• Proof of Media Engagement: Proof of media engagement must be provided within 30 days of
the press release or news report Gs a backup documentation component for invoicing during the
period in which it is conducted. See Section III for additional details.
All invoices must include the dates of service (to/from) and the following certification statement: "All costs
are true and valid costs incurred in accordance with the agreement, deliverables were received and accepted."
The e-erti=nation statement roust tie started hy an authorized agent of the 'Vendor". Lnoices must be
submitted through the provided online platforn. Lr case access to the provided online platforrn cannot be
obtained, invoice documentation can be sent electronically to acc2@cutr.usf.edn.
City of Miami Police Department
EDIT " E,,
EFFORT SUMMARY - PEDESTRIAN AND BICYCLE SAFETY ENFORCEMENT CA_ - RA GN
SEP-NICE ERO LD: Enhanced Traffic Enforcement Detail/High Visibility Enforcement
ruinb r of op rations per week to be completed
2
Average hours per operation per officer
3.75
Officers per operation
%
List of GppSo ad intersections/corridors toconduct operations2
i 7 weekpT L .Lt
' �4.fi.� 5? � average o J..�] per Vi-T W Wif1 ` f� 1 0�� ]':' of operations i Y.' oll_c".rs
per operation x f hours per details) / Total f• of weeks
15
Total Project budget not to exceed: $88,000
NOTE: Total budget calculated from 100 weeks total duration at the level of effort indicated above. Reasonable effort
must be made to maintain the wieldy level of effort for the full contract period. If the level of effort outlined above is not
obtained during a given month due to unexpected circumstances (i.e. weather, staging issues, illness, etc.), these should
be documented in each invoice. All properly doctunented overtime enforcement hours completed within the contract term
will be reimbursed, not to exceed the total budget,
City of Miarni Pol_ice. Department
Miami -Dade County selected EVE fro!/d rs(2 2016 crashes)
ar m-w _&�1
_:
PoltstrIon D&1 #
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a,=
2 SW 271 Ave from W Fla/2 St to SDixie Hwy (224 )
2. US-41 (8® St) from SW 17 Ave to prick S Ave(1.93 ml)
City of Miami Police Departmt
Letter of A reernent and Contras
STG AT u PAGB
Agency Name (Vendor): _,Cites of Miami Police Department
FEn 59-6000375
Address: 400 NW 2nd Avenue
City: Miami Stag.: FL Zip: 33128
University of South Fionld_ Board of Tniatees
Project Activity CContact,j.}ni'veTs- j' of
South Florida
IV
FDOAPPROVAL
Date
VENDOR A.CK OWLEDQEly : T: By signing below, I certify that 1 have read the entire document, aarree to abide
by the pricing and all terms and conditions of this Letter of A.greement and Contract, and that 1 ani authorized to sign for
the Vendor_
Vendor's Authorized Agent Signa =re
Jorge R. Colina Chief of Police
Printed Marie liti?
City of Miami Police, Department
University of South Florida Board of Trustees
Letter of Agreement and Contract
Pedestrian and Bicycle Safety Enforcement Campaign, WalkWise
CITY OF MIAMI, a Florida Municipal Corporation
By: Date:
Emilio T. Gonzalez, City Manager
Attest:
By: Date:
Todd B. Hannon, City Clerk
Approved as to Form and Correctness:
By: Date:
Victoria Mendez, City Attorney
Approved as to Insurance Requirements:
By: Date:
Ann -Marie Sharpe, Director of
Risk Management