LETTER OF AGREEMENT AND CONTRACT (5)DocuSign Envelope ID: 8965ADA2-7D43-4FAF-BB56-EB9E6349BDD4
Letter of Agreement and Contract
In this contract between the City of Clearwater ("Vendor") and University of North Florida Training and
Services Institute, Inc., dlb/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 12, 2023.
Total contract amount will not exceed $21,836.07
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 # G2A92. All services must be completed by
May 12, 2023. The final invoice must be received by June 2, 2023 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.
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City of Clearwater
DocuSign Envelope ID: 8965ADA2-7D43-4FAF-BB56-EB9E6349BDD4
EXHIBIT "A"
SCOPE OF SERVICES
PEDESTRIAN AND BICYCLE SAFETY
HIGH VISIBILITY EDUCATION AND ENFORCEMENT CAMPAIGN
OBJECTIVE:
The Florida Department of Transportation ("FDOT"), through a grant 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 2020, 3,332 people lost their lives in traffic crashes on Florida's roadways. More than 21% of them were
pedestrians (715) and more than 5% were bicyclists (169).
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
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City of Clearwater
DocuSign Envelope ID: 8965ADA2-7D43-4FAF-BB56-EB9E6349BDD4
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 mobilization.
• 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 locations.
If the Vendor has Tier 1 and Tier 2 locations listed in Exhibit C of this agreement, HVE efforts will only be
worked at Tier 1 locations from the date of this agreement through January 31, 2023. Beginning
February 1, 2023, both Tier 1 and Tier 2 locations may be worked for the remainder of the contract period.
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.
• 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.
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City of Clearwater
DocuSign Envelope ID: 8965ADA2-7D43-4FAF-BB56-EB9E6349B004
• 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,
2021. 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.
Strategic: Enforcement targets high-risk locations during high-risk times.
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City of Clearwater
DocuSign Envelope ID: 8965ADA2-7D43-4FAF-BB56-EB9E6349BDD4
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 and within +/- $5.00 of the rates 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.
• 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.safetva,iptm.org.
All requests for reimbursement shall be signed by an Authorized Representative of the Vendor, or their
delegate.
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.
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City of Clearwater
DocuSign Envelope ID: 8965ADA2-7D43-4FAF-BB56-EB9E6349BDD4
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 28, 2023.
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
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.
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City of Clearwater
DocuSign Envelope ID: 8965ADA2-7D43-4FAF-BB56-EB9E6349BDD4
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.
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City of Clearwater
DocuSign Envelope ID: 8965ADA2-7D43-4FAF-BB56-EB9E6349BDD4
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 within +1- $5.00 of the rates 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 One (1) locations are eligible for reimbursement prior to February 1, 2023.
• Tier Two (2) locations are eligible for reimbursement February 1 - May 12, 2023.
• Payment shall be made only after receipt and approval of services provided.
Total contract amount not to exceed: $21,836.07
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City of Clearwater
DocuSign Envelope ID: 8965ADA2-7D43-4FAF-BB56-EB9E6349BDD4
EXHIBIT "C"
Locations for Clearwater Police Department
Florida's Pedestrian and Bicycle Focused Initiative
High Visibility Enforcement Campaign
Rank
Roadway Name
From
To
Tier
Time Range
Day of the Week
From
To
17
Gulf to Bay Boulevard
S Belcher Road
S Old Coachman Road
1
0700
2200
Monday, Sunday, Tuesday,
Wednesday
18
Gulf to Bay Boulevard
S Keene Road
S Belcher Road
1
1800
1000
Friday, Sunday, Saturday
25
Gulf To Bay Boulevard
US 19 N
Sky Harbor Drive
1
0900
2300
Friday, Monday, Saturday,
Sunday, Thursday
42
Court Street
S Missouri Avenue
Stevenson Creek
2
1600
2100
Thursday, Sunday, Thursday
44
Drew Street
Fort Harrison Avenue
N Uncoln Avenue
2
0500
2400
Friday, Saturday, Tuesday,
Wednesday
55
S Missouri Avenue
Lakeview Road
Court Street
2
1700
2300
Friday, Monday, Tuesday,
Saturday,
Thursday, Wednesday
Data Source: FDOT Crash Analysis Reporting (CAR) System, 2017-2021 (downloaded April 2022). Table lists roadway segments with high representation
of traffic crashes resulting in serious injuries and fatalities to pedestrians and bicyclists.
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City of Clearwater
DocuSign Envelope ID: 8965ADA2-7D43-4FAF-BB56-EB9E6349BDD4
EXHIBIT "C"
2022-2023 HIGH VISIBILITY ENFORCEMENT PROGRAM
PINELLAS COUNTY TIER 1 & TIER 2 PEDESTRIAN/BICYCLE HIGH CRASH SEGMENTS
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City of Clearwater
DocuSign Envelope ID: 8965ADA2-7D43-4FAF-BB56-EB9E6349BDD4
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 1 am authorized to sign for
the Vendor.
Vendor Name: City of Clearwater
Address: 645 Pierce Street, Clearwater, FL 33756
Vendor's Authorized Agent Signature
Frank V. Hibbard
06/62 0,2
Date
Mayor
Printed Name Title
ERVICES AGREEMENT
Evirw r) AN(, . f"PRCVL 3
1-DocuSigned by:
e 44 C'd 08/12/22
T , I ' 't ` ADMI JISTFAT'' 'ATE
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City of Clearwater
DocuSign Envelope ID: 8965ADA2-7D43-4FAF-BB56-EB9E6349BDD4
Exhibit "D"
FY2022 - 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 # G2A92. A final invoice must be received by June 2, 2023 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.
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 Clearwater
DocuSign Envelope ID: 8965ADA2-7D43-4FAF-BB56-EB9E6349BDD4
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 21 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 Tess 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.
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City of Clearwater
DocuSign Envelope ID: 8965ADA2-7D43-4FAF-BB56-EB9E6349BDD4
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 Clearwater
Signature Page — High Visibility Education and Enforcement Campaign for Pedestrian and
Bicycle Safety Grant Award (Phase 10)
Countersigned: CITY OF CLEARWATER, FLORIDA
Frank Hibbard
Mayor
By: J ?. ���p
Jon P. Jennings
City Manager
Approved as to form: Attest:
Melissa Isabel
Assistant City Attorney
(AL� �� 0 ail -
Rosemarie Call
City Clerk
15
City of Clearwater
DocuSign Envelope ID: 8965ADA2-7D43-4FAF-BB56-EB9E6349BDD4
\c�ti`tv.te of poi/
co
IPTM
MUNN 19,0
e1/2olo9Y a n d M a�34C6
Institute of Police Technology and Management
University of North Florida
12000 Alumni Drive 1 Jacksonville, Florida 32224
Phone: (904) 620-4786 I Fax: (904) 62o-2453
www,iptm.org
August 18, 2022
Mr. Chris Craig
Traffic Safety Administrator
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: G2A92
Dear Mr. Craig,
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 Clearwater Police
Department in the amount of $21,836.07. Under the contract, City of Clearwater Police Department will
conduct overtime high visibility education and enforcement operations through May 12, 2023.
I appreciate your consideration of this request.
Angel Williams
Coordinator
Attachment
Training the Next Generation of Law Enforcement
DocuSign Envelope ID:CDBE67EF-54D5-45D9-8BB6-3D1 D62E3A65D
DocuSign Envelope ID:8965ADA2-7D43-4FAF-SB56-EB9E6349BDD4
IPTMUniversity of North Florida
12000 Alumni Drive I Jacksonville, Florida 32224
Phone:(004.)6?-0-4786 1 I=ax: (9o4) 62o-2453
wvvuw.iptm.org
n -
August 18, 2022
Mr. Chris Craig
Traffic Safety Administrator
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: G2A92
Dear Mr. Craig,
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 Clearwater Police
Department in the amount of$21,836.07. Under the contract, City of Clearwater Police Department will
conduct overtime high visibility education and enforcement operations through May 12, 2023.
I appreciate your consideration of this request.
Sincerely,
Angel Williams
Coordinator
Attachment
DocuSign Envelope ID:CDBE67EF-54D5-45D9-8BB6-3D1 D62E3A65D
DocuSign Envelope ID:8965ADA2-7D43-4FAF-BB56-EB9E6349BDD4
Letter of Agreement and Contract
In this contract between the City of Clearwater("'Vendor") and University of North Florida Training and
Services Institute Inc. d/b/a Institute of Police Technology and Management(11IPTM111, 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 12, 2023.
Total contract amount will not exceed $21,836.07
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#G2A92.All services must be completed by
May 12,2023.The final invoice must be received by June 2, 2023 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, Fosses
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& S)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 11 9.07(l), Florida Statutes.
1
City of Clearwater
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EXHIBIT"A"
SCOPE OF SERVICES
PEDESTRIAN AND BICYCLE SAFETY
HIGH VISIBILITY EDUCATION AND ENFORCEMENT CAMPAIGN
I. OBJECTIVE:
The Florida Department of Transportation ("FDOT"), through a grant 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.
Il. PURPOSE:
In 2020, 3,332 people lost their lives in traffic crashes on Florida's roadways. More than 21%of them were
pedestrians(715)and more than 5%were bicyclists(169).
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 Gaal 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.
Ill. 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
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City of Clearwater
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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 mobilization.
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 Levet 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 locations.
If the Vendor has Tier 1 and Tier 2 locations listed in Exhibit C of this agreement, HVE efforts will only be
worked at Tier 1 locations from the date of this agreement through January 31, 2023. Beginning
February 1, 2023, both Tier 1 and Tier 2 locations may be worked for the remainder of the contract period.
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..
* 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.
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City of Clearwater
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• 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
"Pedesttian and Bicycle Law Enforcement:Laws, Procedures and Best Practices"prior to June 30,
2021. 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 EnforcementReview". 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 educationtenforcement 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. 316,2066(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.
Strategic: Enforcement targets high-risk locations during high-risk times.
4
City of Clearwater
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APPROVED PERSONNEL LIST
Prior kzcommencing the | U[ d under this tnuc Vendor sd submit a list of |
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 and within +/-$5.00 of the rates shown on the authorized
pomomoa| list are eligible for reimbursement under this egnyemami The authorized personnel list abaU be
updated amneeded hzadd officers and update overtime pay rates.
METHOD OF COK0P2NGAT|DN/P/\YK8ENTGOHEDULE
Invoices must be submitted at least monthly(every 30 daY$), beginning within 68 days of the contract
execution date, |nvbioox must contain the following:
« Invoice&ninclude summary ofhours charged and total due.
• Payroll doxomentaUon'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 statusalonq 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,
« 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 agreementandahmmthn
officers osaignmd, date, days and/o,dmna. |ooa0nn^ contacts made, number of materials diehibu(ed,
and the numbers of educational nnnhacta, wmm|nOm and n]bsUonn issued to motoriobo, pedenhiann, and
bicyclists for each mhutwby. Detail Activity nubmiaa/onn shall be consistent with the corresponding
invoices and payroll documentation.
All invoices must be sUbnn|thad through the provided online platform. |ncase the provided online p|athn[0 is
umavei|oNe, invoice documentation can besent electronically to
All requests for reimbursement shall be signed by an Authorized Representative of the Vendor, or their
delegate.
The University has 40-days to review and process invoices for services. This process begins on the date
the Vendor invoice is peoo|ved, inspected, and approved, |ovoloan may be returned |fnot completed
properly. If a payment is not available within 40 days from the University approval, a separate interest
penalty atarate as established pursuant hzSection 55.03(1). F.G.,wN| 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. |nvo[oaa that have to be returned tuaVendor because ofVendor
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 hothe University,
FINANCIAL CONSEQUENCES
Payment shall be made only after receipt and approval of services provided, If the University determines
that the performance cf 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 h|U|ny period. If the Vendor is unable to resolve the
deficiency, the funds shall be forfeited at the end of this contractual service agreement.
S
City nfClearwater
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PRE-APPROVED HVELOCATIONS
Education and enforcement overtime details are only authorized at locations (specific intersections,
nnrdduro, and/or regions) that have been pre-approved by the F8OT. Vendor may not bereimbursed for
efforts conducted atlocations that have not been pre-approved, that take place priorhofhedoteofthe
approval of this agreement, or that do not cornply with the minimum level of service as outlined in this
agreement,
Each pre-approved location will have clearly defined boundaries; day(u)and times nfday inwhich 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 ofthe provision listed within this contract
^ submitted timely invoices and record ofdetail activity submissions
• conducted HVE overtime detail efforts in a manner that supports the stated goal
= expended 78Y4ormore ofthe 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 FOOT.
Increased funding will be accomplished through an amendment to this contract which must be signed by
the FDOT, Vendor, mndlPTM.
Requests for increased funding must be submitted to |PTk8and received on or before February 28, 2028.
NON-DISCRIMINATION AND ETHICAL STANDARDS
No person nhm|[ on the ground of race, ou/or, naUgkzn, 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 Rihh;/\ct(F8 760
All officers participating in High Visibility Enforcement activities are required to comply withth Law
Enforcement Officer Ethical Standards of Conduct as established by the Florida Department of Law
Enforcement. htAps://www.fdle.state.fl.us/Content/CJST /Menu/0fficeLRe_quirementLMgin��P� �/L�
CORE ACTIVITY PERFORMANCE MEASURES/MINIMUM LEVEL OFSERVICE TOBEPERFORMED
AND CRITERIA FOR EVALUATING SUCCESSFUL COMPLETION.
Each law enforcement agency isencouraged bm completeoUoftbe(aeksanouUimedwdh|nth|omznfnaot.
All agencies are required tocomplete mmn|n|mUmof(88%)wighWpe[ogntofoontnsckedeffbrtaw|thinthn
contract period to he eligible for"agency ofthe year award"uoouNensMon. Each uuocwomivo fiscal year,
agencies will be prioritized for funding based on percentage of performance expectations that were met.
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City vfClearwater
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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 bereduced. |nthe event that the required services are |ndispute, 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 intermination ofthe agreement.
City of Clearwater �
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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 within+/-$6.00 of the rates 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 One(1)locations are eligible for reimbursement prior to February 1,2023.
Tier Two(2) locations are eligible for reimbursement February 1 -May 12, 2023.
• Payment shall be made only after receipt and approval of services provided.
Total contract amount not to exceed: $21,836.07
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City of Clearwater
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EXHIBIT"C"
Locations for Clearwater Police Department
Florida's Pedestrian and Bicycle Focused Initiative
High Visibility Enforcement Campaign
Time Range
Rank Roadway Mame From To Tier From To Ray of the Week
17 Gulf to Bay Boulevard S Belcher Road 5 Old Coachman Road 1 0700 2200 Monday,Sunday,Tuesday,
Wednesday
18 Gulf to Bay Boulevard S Keene Road S Belcher Road 1 1.800 1000 Friday,Sunday,Saturday
25 Gulf To Bay Boulevard u519 N Sky Harbor Drive 1 0500 2300 Friday,Monday,Saturday,
Sunday,Thursday
42 Court Street S Missouri Avenue Stevenson Creek 2 1600 2100 Thursday,Sunday,Thursday
44 Drew Street Fort Harrison Avenue N Lincoln Avenue 2 0500 2400 Friday,Saturday,Tuesday,
Wednesday
55 S Missouri Avenue Lakeview Road Court Street 2 1.700 2300 Friday,Monday,Tuesday,
Saturday,
Thursday,Wednesday
Data Source:FDOT Crash Analysis Reporting(CAR)System,2017-2U21(downloaded April 2022).Table lists roadway segments with high representation
of traffic crashes resulting In serious injuries and fatalities to pedestrians and bicyclists.
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City of Clearwater
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DocuSign Envelope ID:8965ADA2-7D43-4FAF-BB5L-EB9E6349BDD4
EXHIBIT"C"
2022-2423 HIGH VISIBILITY ENFORCEMENT PROGRAM
PINELLAS COUNTY TIER 1 8t TIER 2 PEDESTRIAN/BICYCLE HIGH CRASH SEGMENTS
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City of Clearwater
DocuSign Envelope ID:CDBE67EF-54D5-45D9-8BB6-3D1 D62E3A65D
DOCUSign Envelope ID:8965ADA2-7043-4FAF-BB66-EB9E6349BDD4
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
FDocuSigned by:
-4•a S411# 10/4/2022
sc Vince Sm P soca a Vice PrAhent Date
Cameron Pucci, Director Pate
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: Cit y of Clearwater
Address: 645 Pierce Street, Clearwater, FL 33766
01 /
Vendor's Authorized Agent Signature Date
Frank V. Hibbard Mayor
Printed Name Title
—jt%,7R,Ai,',',7j ,Ai $4,
Y, -�,,1r, llsl I
ANC;
Docuftned by.
08/12/22
'r A ATOR A,T F
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City of Clearwater
DocuSign Envelope ID:CDBE67EF-54D5-45D9-8BB6-3D1 D62E3A65D
DOCUSIgn Envelope ID:8965ADA2-7D43-4FAF-BB513-F-B9E634913DD4
Exhibit I'D"
FY2022 - Subcontract Agreement Required Federal Clauses, Per Part V
i. The parties to this Subcontract shall be bound by all applicable sections of Part V:Acceptance and Agreement
of Project#433144-1-8404, Contract#G2A92.A final invoice must be eecelved by June 2, 2023 or payment
will be forfeited.
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-LI-L, "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 Subreciplent or the Department deems appropriate.
A. 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.
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City of Clearwater
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vil. 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-
discri'mination law or regulation, as set forth in appendix B of 49 CFR part 21 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 falls to comply with any nondiscrimination provisions in this subgrant,
the Subreciplent 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
contractlagreement 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 6). 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,
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City of Clearwater
.... ... ........
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A. indemnification and Insurance. To the fullest extent permitted by law, the Subcontractor shall indemnify and
hold harmless the Subreciplent 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 Subreciplent's sovereign immunity.
xii. Policy on Banning Text Messaging While Driving Act. In accordance with Executive Order 13513, Federal
leadership Can 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..
Ali. 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 ll to 2 CFR Part 260--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,
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City of Clearwater
DocuSign Envelope ID:CDBE67EF-54D5-45D9-8BB6-3D1 D62E3A65D
Signature Fuge- High Visibility Education and Enforcement Campaign for Pedestrian and
Bicycle Safety Grant Award (Phase 10)
Countersigned: CITY OF CLEARWATER, FLORIDA
-d By: . -
Frank Hibbard Jon P. Jennings
Mayor City Manager
Approved as to form: Attest:
y k
0
Melissa Isabel Rosemarie Call
Assistant City Attorney City Clerk All. LtSK
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City of Clearwater