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LETTER OF AGREEMENT AND CONTRACT Letter~ of Ag r eemn e n t a n d Co on tra ct In this tontmet 1)etweem the City of Clearwater Police Department(vendor)and the if niversily of South .Flot-ida Board of Ti-tistees for Ilic Tiniveirsi(I of South Florida's Center fo r Urban Transportation Research("Uni/ersit "' , the vendoi'shall perfon-n the services OUtlined in the scope ofserviocs (Exhibit A), To�tal not to exceed! $29,036.80 This contract is being) entered into under the terms and conditions of the F.Iorida Department of"fransportation ('17DO71"") proJect TWO 8945-001, Contract #13DV25. A 'final product must be received or services completed by August 15, 2014; a final invoice must be rocejvv�J by August l 5,7014, The vendor shall forfeit payment of costs if final, invoice is not received by close of business on August I: ,2014, Invoices may be mailed via the US. ]lost Office, shipped or ernailed to K-I'iStifl(t-l),CLitt'.ttsf.edu, Faxed invoi�us are not accq,,)tcd, It is expressly understood that the vendor is an independent contractor, and not an agent of the FDOT or the university of South Florida.The FDOTand the University's 1i-abifity in neVIligence or indemnity for acts of its. employces or officers will only be provided Linder Section 768.28, Florida Staftlt,CS. Neither tile FDO"I'llor tile University shall be responsible for attorney fees except as provided by statute,. Sub,ject to the limitations of Section 769.28, Florida Statutes, the contractor shall be reqUircd to defend, hold harnnicss and indeninif."y Ow[university, the FDOT,NI-ITSA, FI-lWA, and USDOT, frorn all claims and liabiliiy, or both due to rec L.less ness or irtlentional wrongful inisconduct of the contractor, consultant, or their eniployees. In accordance with the contract, the vendor is authorized to perform the [asks detailed in the attached Exhibits, a,md is fi,,t Ily responsible for satisfactory completion of all services,Pic do]ivcry of services will begin upon execution of the contract and wi,11 end on or before August 15, 2014. Allowable expenses inClUde overtime detail hours,and FICA and retirement based on those hours only. Invoices must be submitted monthly, beginning within 30 days of execution of this contract, All invoices are required to include the inclusive dates (to/from)of service and the l'ol lowing certification statement"All costs Mt ti-Lie and valid costs incurrod in accordance with the agreement"and roust be signed by an authorized vendor representative. CANCELLATION: This,contract may be unilaterally cancelled by the Depai-orient or the University for refusal by the contractor to altow public access to all documents, papers, letters,or other material made or received by the,cofltadctoj- ill conjunction with this contract, unless the recoi.cj�s are csellipt fiorn section 24(l) of Article I of the state cotistitution and section 1 19,07(l), Florida Statutes. MICHAEL AB Ph DIRE PURCHASNG SERVOE3 Date Uliiversity t Florida Da e Proj t Director, Ullivci,sity of Smith Florida c pio A, Vendor's Authorized A Cnt S ignRtUve Date Coorge N . Cretekos , Mayor EXHIBIT "A" SCOPE OF SERVICES PEDESTRIAN AND BICYCLE SAFETY ENFORCEMENT CAMPAIGN City of Clearwater Potice Department(Venidor/Agency), OBJECTIVE, The Florida Department of Transportation, through a Task Work Order with,the University of South Florida, will utli law enforcement support to enhance a,comprehensive safety campaign that promotes safe pedipstrian, bicyclist,and driver behaviors in high priority counties throughout the state. 11. PURPOSE: In 2011,traffic crashes in Florida, resulted)iin 497 pedestrian fatalities, 6,194 pedestrian injuries, 120 bicyclist fatalities, and 4,632 bicyclist injuries. Based on the (National H ighway Traffic Safety Administration (N H TSA) Traffic Safety Facts,these rates 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 indicate that the magnitude of the problem,rnay even be larger than identified) Iby traffic crash!reports.The financial impacts and suffering caused by these fatalities and injuries are significant. This caimpaign is a component of Florida's Bicycle/Pedestrian Focused Initiative Communication & High Visibility Enforcement Implementation under the direction of the Florida Department of Transportation (FDOT) and the University of South Florida.This program supports the goals established in Florida's Pedestrian and Bicycle Strategic Safety Plan. 111L SERVICES TO BE PROVIDED. A. High Visibility Enforcement of all road users, including pedestrians, bicyclists, and motorists. These enforcement activities are being implemented to remind and educate pedestrians, bicyclists,and motorists of safe behaviors.The main objective of this effort is to reduce traffic crashes and fatalities involving pedestrians and bicyclists through the use of selected Traffic Enforcement and Education Details, Education and Enforcement activities may iincludle warnings and/or citations to pedestrians, bicyclists, and motorists in accordance with Florida Statues. B. Enforcement Officers shall distribute safety educational materials,such as reflective items and printed r-naterials, during High Visibility Enforcement Activities. lit is strongly recommended that an education phase be conducted prior to issuing ciita,tio ns. C. Enforcement agencies are required to engage the media to assist in distributing messages regarding the safety campaign to motorist,pedestrians, and bicyclist in the identified areas.Approved messages will be pirovid ed for your use. Iv- DEPART (ENT RESPONSI 81 Lill ES; A. The Department will provide each agency copies of the required training materials,a copy of Florida's Pedestrian and Bicycle StfditegiC Safety Plan, and educational materials to support the efforts. It is required that education, and enforcement efforts included in this project be concentrated in high,priority areas as identified in the proposal and approved by the Department. Funding is restricted to overtime efforts specific to pedestrian,and bicycle safety in the identified high priority areas. V. AGENCY RESPONSIBILITIES: All officers assigned to details under this contract must first complete the (National Highway Traffic Safety Administration's"Pedestrian Safety Training for Law Enforcement".Once training has beein completed,a certification must be submitted to the University llisting which officers completed the Udining.A copy of this training CD has been provided to your training officer. R. It is strongly recommended that officers engaged in these enforcement efforts also participate in: NIHTSA"Bicycle Safety Training for Law Enforcement" hittp:/Zmcs,nhtsa.gov/index,cfm?fuseaction=cate,go[y,disjgldy&CaLegor,y ID=24&CFlD=20271928&CFT0K EN=38513143 NHTSA Rolll Call Video"Enforcing Law for Bicyclists" htt ernent's+Rale Within 30 days of the contract execution,the agency must submit a list of personnel authorized to perform nvp.rfime details,under this agreement. Only personnel listed on the authorised personnel list and with a certification of completion of the approved training acre eligible for reimbuirsement under thiis agreement. Monthly reports will be provided to the University which will include: Number of enforcement details conducted with a list of officers assigned/working the detail,and the date, time and location specified. Citation data, including warnings issued to motorist, pedestrians,and bicyclists. Educational efforts conducted with date,time, location and number of contacts specified. Personnel Timesheet Forms and,IDetail Reporting Forms (these will be provided to you by the University) The funding that is provided to the Agency is not to be used to supplant the Agency's on-going enforcement and educational efforts. Duplicated efforts wfli not be eligible for reimbursement. V1. BEGIN NINIG,AND LE'NI GTH OF SERVICES, A. The performance period of this Agreement shall begin upon execution of the contract and shall end on August 15,2014. R. This Agreement is non-renewable. "ill. AEACHMENTS, Exhibits, required forms and additionali data may be attached to thiis,agreement. VIll. TERMINATION ACT101W This contract may be unilaterally cancelled by the Department for refusal by the contractor to allow public access to all documents, papers, letters,or other material made or received by the contractor in conjunction with this contract, unless the records are exempt from section 24(1)of Article I of the state constitution and section 119.07(1), Florida Statutes. EXH I B,IIT"fin" METHOD OF COMPENSATION PEDESTRIAN AND BICYCLE SAFETY ENFORCEMENT CAMPAIGN City of Clearwater Police Department(Vendor/Agency) I. 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. 1111. COMPENSATION: For the satisfactory performance of services cletailed in Exhibit "A"the Vendor shall be paid a Maximum Amount of$29,036'.80. The University,based on need and availability of budget, may increase or decrease the Maximum Amount by Amendment, Ill. PROGRESS PAYMENTS: The Vendor shall;submit an invoice(3 copies)in a format acceptable to the Department. Payment shall be made at the contract hourly billing rates in Exhibit "C",for services provided, as approved by the Department.The contract hourly billing rates shall include the costs of salaries and fringe benefits. Payment for expenses shall be made on the basis of actual allowable cost incurred as authorized and appro've,d by the Department. Invoices shall be submitted to: University of South Florida Attn: Kristin Larsson 4202 East Fowler Avenue,CUT 100 Tampa,,Florida 336210 lv DETAILS OF COSTS AND FEES: Details,of costs and fees for the performance of the services are contained in Exhibit "C", attached hereto and made a part hereof. V. TANGIBLE PERSONAL PROPERTY: This contract does not involve the purchase of Tangible Personal Property, as defined in Chapter 273, F .S, EXHABIT"C" PRICE SHIEST-PEDESTRIAN AND BICYCLE SAFETY ENFORCEMENT CAMPAIGN City of Clearwater Police Department SERVICE PROVIDED:Enhanced Traffic Enforcement Detail/High Visibility Enforcement Details to be completed per week 2 Hours per detail 4 Officers per detail 2 Total number of hot spots/corridors 11 Frequency each hot spot wifl be Once every 5 weeks enforced Total number of times each hot spot Approximately 5 times will be enforced Hiourly Rate Quantlity Total Budget $69.80 416 $29,036.80 Hourly Rate includes OT($55), Quantity calculated from 26 weeks at Pension ($14), Medicare($0.80) level of effort Indicated above NOTE: Miod ificat ions from submitted proposal.reductiion from,32 to 26 weeks, compress education/warn/citation phases to 6 months total ACKNOWLEDGEMENT. 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 Clearwater Police Department. Agency: City of Clearwater Police Department FEID# 59-6000289 Address:645 Pierce Street City: (1 earwater State: FL Zip: 33756 Authorized Signature: Date: Printed N a me: ('Porp N. Cretekos Title: Ma or Countersigned: CITY OF CLEARWATER, FLORIDA �eerge I. Cretekos Willi m 'B. Horne 111 Mayor City Maniagier Ar Approved to form: Attest. W�a�������.,� b w a ^t f �F _. Robert �. urette R see ,re CaH Assistant6ty Attorney City Clerk dISHEONA