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2014-14RESOLUTION NO. 2014 -14 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THAT AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE UNIVERSITY OF SOUTH FLORIDA BOARD OF TRUSTEES FOR THE UNIVERSITY OF SOUTH FLORIDA'S CENTER FOR URBAN TRANSPORTATION RESEARCH; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is authorized to execute and otherwise enter into that certain Agreement attached hereto between the City of Aventura and the University of South Florida Board of Trustees for the University of South Florida's Center for Urban Transportation Research. Section 2. The City Manager is authorized to do all things necessary to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing resolution was offered by Commissioner Holzberg, who moved its adoption. The motion was seconded by Commissioner Luz Weinberg, and upon being put to a vote, the vote was as follows: Commissioner Enbar Cohen yes Commissioner Teri Holzberg yes Commissioner Billy Joel absent Commissioner Michael Stern yes Commissioner Luz Urbaez Weinberg yes Vice Mayor Howard Weinberg yes Mayor Susan Gottlieb yes Resolution No. 2014 -14 Page 2 PASSED AND ADOPTED this 4th day of March, 2014. S AN GOTTLIEB, MAYOR A EST - RESA M OR KA, MMC TY CLER APPROVED AS TO LEGAL SUFFI I[ NCY: CITY ATTORNEY Letter of Agreement and Contract In this contract between the City of Aventura 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: $9,360.00 This contract is being entered into under the terms and conditions of the Florida Department of Transportation ( "FDOT ") project TWO 4945 -001, Contract #BDV25. A final product must be received or services completed by August 15, 2014; a final invoice must be received by August 15, 2014. The vendor shall forfeit payment of costs if final invoice is not received by close of business on August 15, 2014. Invoices may be mailed via the U.S. Post Office, shipped or emailed to Kristin(i4utr.usf.edu. Faxed invoices are not accepted. It is expressly understood that the vendor is an independent contractor, and not an agent of the FDOT or the University 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 contractor 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 contractor, consultant, or their employees. In accordance with the contract, the vendor is authorized to perform the tasks detailed in the attached Exhibits, and is fully responsible for satisfactory completion of all services. The delivery of services will begin upon execution of the contract and will end on or before August 15, 2014. Allowable expenses include overtime detail hours, and FICA and retirement based on those hours only. Invoices must be submitted monthly, beginning within 30 days of execution of this contract. All invoices are required to include the inclusive dates (to /from) of service and the 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 the Department 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. University of South Florida Project Director, University of South Florida Vendor's Authorized Agent Signature Date Date Date EXHIBIT "A" SCOPE OF SERVICES PEDESTRIAN AND BICYCLE SAFETY ENFORCEMENT CAMPAIGN City of Aventura Police Department (Vendor /Agency) OBJECTIVE: The Florida Department of Transportation, through a Task Work Order with the University of South Florida, will utilize law enforcement support to enhance a comprehensive safety campaign that promotes safe pedestrian, bicyclist, and driver behaviors in high priority counties throughout the state. PURPOSF- In 2011, traffic crashes in Florida resulted in 497 pedestrian fatalities, 6,194 pedestrian injuries, 120 bicyclist fatalities, and 4,632 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 the Florida Department of Transportation (FDOT) and the University of South Florida. This program supports the goals established in Florida's Pedestrian and Bicycle Strategic Safety Plan. III. SERVICES TO BE PROVIDED: A. High Visibility Enforcement of all road users, including pedestrians, bicyclists, and motorists. These enforcement activities are being implemented to remind and educate pedestrians, bicyclists, and motorists of safe behaviors. The main objective of this effort is to reduce traffic crashes and fatalities involving pedestrians and bicyclists through the use of selected Traffic Enforcement and Education Details. Education and Enforcement activities may include warnings and /or citations to pedestrians, bicyclists, and motorists in accordance with Florida Statues. B. Enforcement Officers shall distribute safety educational materials, such as reflective items and printed materials, during High Visibility Enforcement Activities. It is strongly recommended that an education phase be conducted prior to issuing citations. C. Enforcement agencies are required to engage the media to assist in distributing messages regarding the safety campaign to motorist, pedestrians, and bicyclist in the identified areas. Approved messages will be provided for your use. IV. DEPARTMENT RESPONSIBILITIES: A. The Department will provide each agency copies of the required training materials, a copy of Florida's Pedestrian and Bicycle Strategic Safety Plan, and educational materials to support the efforts. It is required that education and enforcement efforts included in this project be concentrated in high priority areas as identified in the proposal and approved by the Department. Funding is restricted to overtime efforts specific to pedestrian and bicycle safety in the identified high priority areas. V. AGENCY RESPONSIBILITIES: All officers assigned to details under this contract must first complete the National Highway Traffic Safety Administration's "Pedestrian Safety Training for Law Enforcement ". Once training has been completed, a certification must be submitted to the University listing which officers completed the training. A copy of this training CD has been provided to your training officer. B. It is strongly recommended that officers engaged in these enforcement efforts also participate in: NHTSA "Bicycle Safety Training for Law Enforcement" http: / /mcs.nhtsa.gov/ index. cfm? fuseaction= category.display &category ID= 24 &CFID= 20271928 &CFTOK EN= 38513143 NHTSA Roll Call Video "Enforcing Law for Bicyclists" http: / /www.nhtsa.gov/ Driving +Safety /Bicycles /Enhancing +Bicycle +Safety: +Law +Enforcement's +Role Within 30 days of the contract execution, the agency must submit a list of personnel authorized to perform overtime details under this agreement. Only personnel listed on the authorized personnel list and with a certification of completion of the approved training are eligible for reimbursement under this agreement. Monthly reports will be provided to the University which will include: Number of enforcement details conducted with a list of officers assigned /working the detail, and the date, time and location specified. Citation data, including warnings issued to motorist, pedestrians, and bicyclists. Educational efforts conducted with date, time, location and number of contacts specified. Personnel Timesheet Forms and Detail Reporting Forms (these will be provided to you by the University) The funding that is provided to the Agency is not to be used to supplant the Agency's on -going enforcement and educational efforts. Duplicated efforts 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 August 15, 2014. 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 the Department for refusal by the contractor to allow public access to all documents, papers, letters, or other material made or received by the contractor in conjunction with this contract, unless the records are exempt from section 24(1) of Article 1 of the state constitution and section 119.07(1), Florida Statutes. EXHIBIT "B" METHOD OF COMPENSATION PEDESTRIAN AND BICYCLE SAFETY ENFORCEMENT CAMPAIGN City of Aventura Police Department (Vendor /Agency) 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. COMPENSATION: For the satisfactory performance of services detailed in Exhibit "A" the Vendor shall be paid a Maximum Amount of $9,360.00. 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 (3 copies) in a format acceptable to the Department. Payment shall be made at the contract hourly billing rates in Exhibit "C ", for services provided, as approved by the Department. The contract hourly billing rates shall include the costs of salaries and fringe benefits. Payment for expenses shall be made on the basis of actual allowable cost incurred as authorized and approved by the Department. Invoices shall be submitted to: University of South Florida Attn: Kristin Larsson 4202 East Fowler Avenue, CUT 100 Tampa, Florida 33620 IV. DETAILS OF COSTS AND FEES: Details of costs and fees for the performance of the services are contained in Exhibit "C ", attached hereto and made a part hereof. V. TANGIBLE PERSONAL PROPERTY: This contract does not involve the purchase of Tangible Personal Property, as defined in Chapter 273, F S. EXHIBIT "C" PRICE SHEET - PEDESTRIAN AND BICYCLE SAFETY ENFORCEMENT CAMPAIGN City of Aventura Police Department SERVICE PROVIDED: Enhanced Traffic Enforcement Detail /High Visibility Enforcement Details to be completed per week 1 Hours per detail 3 Officers per detail 2 Total number of hot spots /corridors 1 Frequency each hot spot will be Once every week enforced Total number of times each hot spot will be enforced 26 Hourly Rate Quantity Total Budget $60 156 $9,360.00 Quantity calculated from 26 weeks at level of effort indicated above NOTE: Modifications from submitted proposal: reduction from 30 total details to 26 (1x per week for 26 weeks), no funding for physical improvements ($7,500 reduction), compress education /warn /citation phases to 6 months total. ACKNOWLEDGEMENT: I certify that I have read and agree to abide by the pricing and all terms and conditions of this Agreement and that I am authorized to sign for the City of Aventura Police Department. Agency: Address: City: Authorized Signature: Printed Name: Title: FEID# State: FL Zip: Date: PERSONNEL SERVICES TIME SHEET Implementing Agency Project Number Claim Number. For a period of to Certified Correct by Signature of Admm,strator or Implementing Agency msvucnon, •. oei,n uo<aioc,enen: nx roaaw,y. am me,ae<eon. »nerc in emo«.emem a<u�nea +ee ceno,„ee -T -1i, -1 —.10nom.mre<ny muiea m em neawnnm�. p,oie<i A—i,m ..o im.e a, wnof proien ome *oi,i noar:2ne<i. proieu erz ,�a mr.no�. peno� aw.. papa ro, or, e�<y Name: Name. Name. Day of Month Detail Locauon Protect Time Total Hours Detail Location Project Time Total Hours Detail Location Project Time Total 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 0.00 0.00 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(cocutr.usf.edu COMMENTS OR SPECIAL INSTRUCTIONS: INVOICE INVOICE #[100] DATE: [CLICK TO SELECT A DATE] — P.O. NUMBER — 7_ —_. - -- -- - -- - - - -- — -- -- - - - - -- - - - -- ----. QUANTITY DESCRIPTION UNIT PRICE - I -TOTAL I 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 I I to I I All costs are true and valid costs incurred in accordance with the agreement Authorized Agent Signature