LETTER OF AGREEMENT AND CONTRACT - PEDESTRIAN AND BICYCLE SAFETY ENFORCEMENT COMPAIGNLetter of Agreement and Contract
In this contract between the Clearwater Police Department ( "Vendor ") and the University of South
Florida Board of Trustees 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: $94,230.00
This contract is being entered into under the terms and conditions of the Florida Department of Transportation
( "FDOT ") project TWO #945 -001, Contract #BDV25. All services must be completed by May 31, 2015 and a
final invoice must be received by June 20, 2015. The Vendor shall forfeit payment of costs if final invoice is not
received by close of business on June 20, 2015. Invoices must be mailed via the U.S. Post Office or shipped.
Faxed and emailed 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 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 under Section 768.28, Florida Statutes. Neither the FDOT nor the
University shall be responsible for attorney fees except as provided by statute.
Subject to the limitations of Section 768.28, Florida Statutes, the 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, consultant, or their employees.
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 of South Florida. The delivery of services will begin upon
execution of the contract and will end on or before May 31, 2015. Allowable expenses are limited to officer
overtime at the hourly overtime rate including fringe benefits established under Exhibit A Section V.
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 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.
CANCELLATION: This contract may be unilaterally cancelled by FDOT or the University 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 1 of the
state constitution and section 119.07(1), Florida Statutes.
Digitally signed by Michael J. Abernethy
DN: cn= Michael J. Abernethy, o= University of South Florida,
ou= Purchasing Services, email = abernethy @usf.edu, c =US
Date: 2014.10.09 09:10:22 - 04'00'.
Michael J. Abernethy,Director, Purchasin g Services
Universityfif South Florida
Project Director, University of South Florida
cle°Yr\cfc\Cfro
Vendor's Authorized Agent Signature
George N. Crete Cos, Mayor
City of Clearwater
10/9/14
Date
Q/q it 1
Date
Date
EXHIBIT "A"
SCOPE OF SERVICES
PEDESTRIAN AND BICYCLE SAFETY ENFORCEMENT CAMPAIGN
Clearwater 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:
In 2012, traffic crashes in Florida resulted in 473 pedestrian fatalities, 7,413 pedestrian injuries, 116 bicyclist
fatalities, and 6,058 bicyclist injuries. Based on the National Highway Traffic Safety Administration
(NHTSA) 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 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:
A. High Visibility Enforcement of all road users, including pedestrians, bicyclists, and motorists. 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. It is strongly recommended that operations follow an education, warning, citation
progression.
B. Vendor shall distribute the provided safety educational materials, such as printed materials and bicycle
lights, during 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.)
C. Vendor is required to engage the media to announce enforcement operations and distribute the provided
safety messages. Vendor is required to engage the media 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 as a backup documentation component for invoicing during the period in
which it is conducted.
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.
All officers assigned to operations completed under this contract must first review and complete the following
required training materials created by the National Highway Traffic Safety Administration (NHTSA):
"Pedestrian Safety Training for Law Enforcement." A self - paced, interactive CD -ROM.
"Enhancing Bicycle Safety: Law Enforcement's Role ". A self - paced, interactive CD -ROM.
"Enforcing Law for Bicyclists." A 7- minute roll call video.
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 fully - loaded hourly overtime rate to be used for each officer. Only
hours from officers listed and at the rates 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)
Invoices shall be submitted following calendar months. 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
• Operation reporting form: one page for each operation 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.
In addition, the vendor must submit payroll documentation to accompany each monthly invoice. This
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.
VI. BEGINNING AND LENGTH OF SERVICES:
A. The performance period of this Agreement shall begin upon execution of the contract and shall end on
May 31, 2015.
B. This Agreement is non - renewable.
VII. ATTACHMENTS:
Exhibits, required forms and additional data may be attached to this agreement.
VIII. TERMINATION ACTION:
This contract may be unilaterally cancelled by USF or FDOT for refusal by the Vendor 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 1 of the state constitution and section
119.07(1), Florida Statutes.
EXHIBIT "B"
METHOD OF COMPENSATION
PEDESTRIAN AND BICYCLE SAFETY ENFORCEMENT CAMPAIGN
Clearwater Police Department (Vendor)
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.
II. COMPENSATION:
For the satisfactory performance of services detailed in Exhibit "A" the Vendor shall be paid a Maximum
Amount of $94,230.00.
The University, based on need and availability of budget, may increase or decrease the Maximum Amount by
Amendment.
III. PROGRESS PAYMENTS:
The Vendor shall submit an invoice and supporting documentation covering each calendar month to the
University (required forms included in Exhibit "D "). Invoice packets should be scanned and submitted
electronically, with the originals sent to the following address:
University of South Florida
Attn: Jeanette Rouse
4202 East Fowler Avenue, CUT 100
Tampa, Florida 33620
IV. 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 rates 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.
V. 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
Clearwater Police Department
SERVICE PROVIDED: Enhanced Traffic Enforcement Detail/High Visibility Enforcement
Details to be completed
3 every week
Hours per detail
5
Officers per detail
3
Total number of hot spots /corridors
10
Frequency each hot spot will be
enforced
2 times each month
Total number of times each hot spot
will be enforced
At least 10
Total Project budget: $94,230.00
NOTE: Total budget calculated from 30 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.
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 the Clearwater Police Department.
Agency: City of Clearwater Police DepartmtEID# 59- 6000289
Address: 645 Pierce Street
City: Clearwater State: FL Zip: 33756
Authorized Signature:
— Cte4rW1tr(Vk5
Printed Name: George N. Cretekos
Date:
Title: Mayor
EXHIBIT "D"
INVOICE, TIMESHEET, AND DETAIL DOCUMENTATION FORMS
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N AND BICYCLE SAFETY ENFORCEMENT CAMPAIGN
Date
Agency
Start Time
End time
Detail Location
# of Officers
Officer Names
Safety Issues
Identified in
Crash Data
Motorists
Pedestrians
Bicyclists
Enforcement
Approaches
Total Contacts
li Mode Cited
FL Statute
# of Warnings
# of Citations
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Notes:
Agency Name
[Street Address]
[City, ST ZIP Code]
Phone [phone] Fax [fax]
TO:
University of South Florida
4202 East Fowler Ave., CUT 100
Tampa, FL 33602
ATTN: Kristin Larsson
kristin(cilcutr. usf.edu
COMMENTS OR SPECIAL INSTRUCTIONS:
INVOICE
INVOICE #[100]
DATE: [CLICK TO SELECT A DATE]
P.O. NUMBER
Must match PO # sent to your agency
QUANTITY
x Hours
DESCRIPTION UNIT PRICE
TOTAL
I Officers performing high visibility enforcement x /hr
TOTAL DUE
Make all checks payable to [Company Name]
If you have any questions concerning this invoice, contact [Name, phone, email]
Inclusive Dates of Service from [Click to select a date] to [Click to select a date]
All costs are true and valid costs incurred in accordance with the agreement
Authorized Agent Signature
,
PERSONNEL SERVICES TIME SHEET
Implementing Agency:
PO Number
Fora period of:
Certified Correct by:
Invoice Number.
to:
signature of Administrate! of Implementing Agency,; by signing you canny that the cancers listed below meet 610 minimum requires for mese hours to
be counted as overtime.
1. Detail Location reflects
2. Project Tine rsleds
3. START/END TIME: retied*
d. Total Daily Hours meats
Instructions
the roadways and Intersections Where the enbrcanent adlv0ee were performed.
the nutter dhows directly related b duties associated weh this project
the start and end time for Which the °liter is charging overtime to the project. Please 1st in n0ary tins.
propel line plus tip other hours perform, duties paid for by agency. This only needs to be reported on days where be officer
s reporting overtime on this propel.
Day of Month
Name: Officer Jane Peters
Name: Officer John Smith
Detail Location
START
TIME
END
TIME
Project
Time
Total Daily
Hours
Detail Location
START
TIME
END
TIME
Project
Time
Total Daily
Hours
01
02
03
04
05
06
07
08
09
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
TOTAL
0.00
0.00
0.00
0.00