Letter of Agreement and Contract with the Universtiy of South Florida's Center for Urban Transportation Research.
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Letter of Agreement and Contract
In this contract between the City of Miami Beach,Florida, by and on behalf of its Miami Police
Department("Vendor")and the University of South Florida Board of Trustees,a public body corporate
for the University of South Florida's Center for Urban Transportation Research ("University"),the
Vendor shall perform the services outlined in the scope of services(Exhibit A). .
Total not to exceed: $49,650.98
This contract is being entered into under the terms and conditions of the Florida Department of Transportation
("FDOT") project TWO#945-002, Contract#BDV25.The funding is federal and the CFDA Number is 20.205.
All services must be completed by May 30, 2016 and a final invoice must be received by June 20, 2016.The
Vendor shall forfeit payment of costs if final invoice is not received by close of business on June 20, 2016.
Invoices should be emailed to Kristin Larsson at kristin(d)cutr.usf.edu. Invoices may also be sent via the U.S.
Post Office or shipped. Faxed invoices are not accepted.
It is expressly understood that the Vendor is an independent contractor, and not an agent of the FDOT or the
University.The FDOT and the University's liability in negligence or indemnity for acts of its employees or
officers will only be provided under Section 768.28, Florida Statutes.Neither the FDOT nor the University shall
be responsible for attorney fees except as provided by statute. Vendor shall be required to defend, hold harmless
and indemnify the University,the FDOT,NHTSA, FHWA, and USDOT, from all claims and liability, or both
due to recklessness or intentional wrongful misconduct of the Vendor, its agents,and employees. Vendor
liability is subject to limits under Section 768.28, Florida Statutes.
In accordance with the contract, Vendor is authorized to perform the tasks detailed in the attached Exhibits and
is fully responsible for satisfactory completion of all services. Vendor may not commence work prior to the
issuance of a purchase order by the University. The delivery of services must begin within 30 days of contract
execution and must end on or before May 30, 2016. Allowable expenses are limited to officer overtime at the
hourly overtime rate including fringe benefits established under Exhibit A Section V.This Agreement is non-
renewable.
Invoices must be submitted at least every 30 days, beginning within 60 days of execution of this contract.
Failure to do submit invoices as outlined in this contract may result in termination of this contract. All invoices
are required to include the inclusive dates(to/from)of service and the following certification statement"All
costs are true and valid costs incurred in accordance with the agreement"and must be signed by an authorized
Vendor representative. Additional details on invoice requirements are listed in Exhibit A.
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 the records are exempt from section 24(1)of Article 1 of the
state constitution and section 119.07(1), Florida Statutes.
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EXHIBIT"A"
SCOPE OF SERVICES
PEDESTRIAN AND BICYCLE SAFETY ENFORCEMENT CAMPAIGN
City of Miami Beach on behalf of the Miami Beach Police Department(Vendor)
OBJECTIVE:
The Florida Department of Transportation("FDOT"),through a Task Work Order with the University of
South Florida("University"),will utilize law enforcement support to educate and enforce safe pedestrian,
bicyclist,and driver behaviors in high priority counties throughout the state.The main objective of this effort
is to reduce traffic crashes and fatalities involving pedestrians and bicyclists through the use of selected traffic
education and enforcement operations.
II. PURPOSE:
According to DHSMV,in 2013 traffic crashes in Florida resulted in 498 pedestrian fatalities,7,467 pedestrian
injuries, 135 bicyclist fatalities,and 6,520 bicyclist injuries.Based on the National Highway Traffic Safety
Administration(NHTSA)Traffic Safety Facts,these rates are nearly double the national average for
pedestrians and nearly triple the national average for bicyclists.
Pedestrian and bicycle crashes are more likely to result in fatal or serious injuries than any other types of
crashes.The number of hospitalizations and emergency room visits related to these crashes indicates that the
magnitude of the problem may even be larger than identified by traffic crash reports.The financial impacts
and suffering caused by these fatalities and injuries are significant.
This campaign is a component of Florida's Bicycle/Pedestrian Focused Initiative Communication&High
Visibility Enforcement Implementation under the direction of FDOT and the University.This program
supports the goals established in Florida's Pedestrian and Bicycle Strategic Safety Plan.These enforcement
activities are being implemented to remind and educate pedestrians,bicyclists,and motorists of safe
behaviors.
III. 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 warnings and/or citations to pedestrians,bicyclists,and motorists in accordance with Florida Statues.
The Vendor must follow an education-warning-citation progression,with an emphasis on education
throughout the contract period.Education MUST be done for at least a third of the contract period.
B. Enforcement initiatives must begin within 30 days of contract execution.Exceptions for delayed start
may be approved in the event of natural disasters,fires,floods,or other crisis situations that are out of the
control of the agency.
C. Vendor shall distribute the provided safety educational materials,such as printed materials and
lights,during ALL on-street High Visibility Enforcement operations.(All vendors choosing to participate
in distribution of bicycle lights will be required to complete a separate Bicycle Light Distribution
Assurance form.Limited quantities of bicycle lights are available.The University may substitute other
safety items once bicycle lights supplies are depleted.)
D. Vendor is required to engage the media twice during the contract period to announce enforcement
operations and distribute the provided safety messages.Vendor shall be required to do at least two(2)
press releases,one(1)within 30 days of beginning operations and one(1)aligned with the transition from
warnings to citations.Additional media engagement is encouraged throughout the contract period.Proof
of media engagement must be provided within 30 days of the press release as a backup documentation
component for invoicing during the period in which it is conducted.
E. Vendor shall notify the University one week in advance of all on-street operations.The
administration of resources awarded through this contract may be subject to audits and/or monitoring.
Representatives from the University,FDOT,USDOT,or other authorized representative from the State of
Florida shall have access to enforcement activities and all records or documents pertaining to the contract
or services provided within the contract,as provided under Applicable State or Federal Law.
IV. FDOT RESPONSIBILITIES:
FDOT will provide to Vendor copies of the required training materials,a copy of Florida's Pedestrian and
Bicycle Strategic Safety Plan,educational materials for distribution,and approved safety messages.
V. VENDOR RESPONSIBILITIES:
Funding is restricted to on-street overtime operations specific to pedestrian and bicycle safety in the identified
high priority areas,conducted at the level of effort shown in this contract.The agency will be reimbursed
based on performance of specific tasks listed within the contract.No hours may be charged for efforts other
than those specified in the contract.Example:General speed enforcement would not qualify for
reimbursement,however,enforcing speed in a pre-established location where pedestrians and cyclists are
present and may be at risk would qualify for reimbursement.
All officers assigned to operations completed under this contract must first review and complete the following
required training materials created by FDOT and the National Highway Traffic Safety Administration
(NHTSA),all of which are available online:
"Pedestrian Safety Roll Call for Law Enforcement"http://www.alerttodayflorida.com/RollCall/
"Cycling Safety Roll Call for Law Enforcement"http://www.alerttodayflorida.com/RollCall/
"Pedestrian Safety Training for Law Enforcement"http://www.iadlest.org/Projects/NLEARN.aspx,
"Enhancing Bicycle Safety:Law Enforcement's Role"http://www.iadlest.org/Projects/NLEARN.aspx
Prior to commencing the services outlined under this contract,Vendor must submit a signed and dated list of
personnel authorized to perform overtime operations under this agreement,including a certification of
completion of the required training,and a fully-loaded hourly overtime rate range(no more than+/-$5.00)to
be used for each officer.The contract hourly billing rate range shall include the costs of hourly overtime plus
associated fringe benefits.Only hours from officers listed and within the rate range shown on the authorized
personnel list are eligible for reimbursement under this agreement.The authorized personnel list may be
updated to add officers and update billing rates,but no hours may be charged for any individual officer until
after the updated personnel list has been signed and dated showing their contract billing rate and verifying
training has been completed.(Note—All rates must match the payroll documentation submitted with each
monthly invoice.)
Failure to submit invoices as outlined in this contract may result in termination of this contract. If payroll is
bi-weekly,invoices shall be submitted after every two pay periods.If payroll is monthly,then invoices shall
be submitted monthly.Vendor is required to use the invoice form templates provided in Exhibit"D." These
forms will provide documentation of the following information:
• Invoice:summary of hours charged and total due
• Personnel Timesheet:dates and hours for each individual officer
• Activity Reporting form:one page for each operation/location completed showing officers assigned,
date,times,location,safety issue addressed and corresponding enforcement approaches used,contacts
overview,and the numbers of warnings and citations issued to motorist,pedestrians,and bicyclists
under each Statute.
• 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 performed overtime activities(must match the personnel timesheet),and must include either a
pay stub or payroll ledger documenting payment to each officer for which you are requesting
reimbursement.
The funding that is provided to the Vendor is not to be used to supplant the Vendor's ongoing enforcement
and educational efforts.Duplicated efforts will not be eligible for reimbursement.
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
•
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the Florida Civil Rights Act(F.S.760)
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&U RL=0700-0799/0760/0760.htm1
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-Page/LE-Ethical-,
Standards-of-Conduct.aspx
VI. ATTACHMENTS:
Exhibits,required forms and additional data may be attached to this agreement.
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EXHIBIT"B"
METHOD OF COMPENSATION
PEDESTRIAN AND BICYCLE SAFETY ENFORCEMENT CAMPAIGN
City of Miami Beach on behalf of the Miami Beach Police Department(Vendor)
PURPOSE:
This Exhibit defines the limits and method of compensation to be made to the Vendor for the services set
forth in Exhibit"A"and the method by which payments shall be made.
II. COMPENSATION:
For the satisfactory performance of services detailed in Exhibit"A"the Vendor shall be paid a Maximum
Amount of$49,650.98
The University reserves the right to review and audit Vendor's compliance with the terms of this Letter of
Agreement and Contract at any time. In the event University determines that Vendor is not averaging(Actual
Average-22.50)the required number of operations,hours,and officers in each operation over the period time
between the date delivery of services commence and the audit date,as agreed to herein,the University may
reduce the funding for the remaining term of the Agreement by the percentage difference between the
required number of operations and officers and the Actual Average.
III. DETAILS OF COSTS AND FEES:
Payment shall be made at the hourly billing rates shown on the approved personnel list,for services provided,
as approved by FDOT and the University. The contract hourly billing rate range shall include the costs of
hourly overtime plus associated fringe benefits.The effort is cost reimbursable,so all properly documented
overtime enforcement hours completed within the contract term will be reimbursed,not to exceed the total
budget.Please refer to Exhibit A,Section V for additional details.
IV. TANGIBLE PERSONAL PROPERTY:
This contract does not involve the purchase of Tangible Personal Property,as defined in Chapter 273,F.S.
EXHIBIT"C"
EFFORT SUMMARY-PEDESTRIAN AND BICYCLE SAFETY ENFORCEMENT CAMPAIGN
City of Miami Beach on behalf of the Miami Beach Police Department
SERVICE PROVIDED:Enhanced Traffic Enforcement Detail/High Visibility Enforcement
Details to be completed I every week(33 total details)
Hours per detail 4.5
Officers per detail 5
Total number of hot spots/corridors 6
Actual Average* 22.50
Total Project budget:$49,650.98
NOTE:Total budget calculated from 33 weeks total duration at the level of effort indicated above.Reasonable effort must
be made to maintain the weekly 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,staffing issues,illness,etc.),these should
be documented in each invoice.All properly documented overtime enforcement hours completed within the contract term
will be reimbursed,not to exceed the total budget.
Agency: FEID#
Address:
City: State:FL Zip:
ACKNOWLEDGEMENT: By signing here,I certify that I have read and agree to abide by the pricing and all terms and
conditions of this Agreement and that I am authorized to sign for the City of Miami Beach on behalf of the Miami
Beach Police Department.
Authorized Signature: Date:
Printed Name:
Title:
*Actual Average is calculated as follows:
Total#of details x#officers per detail x#hours per details
#of weeks