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UNIVERSITY OF NORTH FLORIDA, IPTM - FDOT PROJ# 433144-1-8404 CONTRACT#G2A92A CONTRACT AWARD SHEET INSTRCUTIONAL GUIDE TO ASSIST YOU WITH THE INFORMATION CONTACINED HEREIN IS AVAILABLE IN THE PURCHASING SECTION OF OUR WEBPAGE AT: www.hialeahfl.gov CITY OF HIALEAH CONTRACT AWARD PURCHASING DEPARTMENT CITY OF HIALEAH CONTRACT: FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) PROJECT # 433144-1-8404 CONTRACT # G2A92 DESCRIPTION: PEDESTRIAN AND BICYCLE SAFETY HIGH VISIBILITY ENFORCEMNT AND SUPPORT PROGRAM CONTRACT PERIOD: 9/27/2022 – 5/12/2023 SECTION #1 – VENDOR AWARD Name: UNIVERSITY OF NORTH FLORIDA, IPTM. Name: Contact: VINCE SMYTH / CAMERON PUCCI Contact: Phone: Phone: Fax: Fax: E-mail: E-mail: Name: Name: Contact: Contact: Phone: Phone: Fax: Fax: E-mail: E-mail: SECTION #2 – AWARD/BACKGROUND INFORMATION/APPLICABLE ORDINANCES/NOTES CITY COUNCIL APPROVED ON: 09/27/2022, ITEM H AMENDED AMOUNT: RESOLUTION NO: INSURANCE REQUIREMENTS: ANNUAL CONTRACT AMOUNT: $47.141.47 PERFORMANCE BOND: APPLICABLE ORDINANCES: Notes: SECTION #3 – REQUESTING DEPARTMENT CITY OF HIALEAH, DEPARTMENT OF POLICE Contract Administrator: CHIEF GEORGE FUENTE Phone: 305-687-2553 SECTION #4 – PROCURING AGENCY CITY OF HIALEAH, DEPARTMENT OF POLICE Contract Administrator: CHIEF GEORGE FUENTE Phone: 305-687-2553 Prepared by: MARILIN GUTIERREZ ( D An exception to competitive bidding applies: D Professional services in the nature of consultants, Accountants, and attorneys D Sole source p rovider D Emergency based on object fact s D Credit facilities D Competitive bidding is not required because the City is utilizing a bid that has been awarded or under contract by state, county or other governmental agencies. D Title of state, county or other governmental Agencies contract : D Piggy-back contract expiration date : ___ _ [gl Waive Competitive Bidding [gl Reason(s) it is not advantageous to the City to utilize competitive bidding: Acceptance of Grant Signatures: Dep ~ Esteban Bovo, Jr. Mayor Carl Zogby Council President Monica Perez Co un cil Vice Pres id ent Se ptembe r 14, 2022 City of Hialeah Honorable Mayo r Esteban Bovo, Jr. And Council Members City of Hi a leah Hial eah , Florida 330 I 0 R E: Pedestrian and Bicycle Safety Hi gh Visibility Enfo rcement and Support Pro gram Dear Mayor and Council Memb e rs: Council Members Bryan Calvo Vivian Casals-Muiioz Jacqueline Garcia-Roves Luis Rodriguez Jesus Tundidor The City of Hialeah Polic e Departm e nt e nco ura ges and supports a wide range of gran t-fund ed projects that are com pat ibl e with its overall criminal justice goals and objectives. Therefore, the Hi a leah Police Department is requesting Mayor Bo vo and City Co uncil to acce pt the Pedestrian and Bicycle Safety High Vi s ibility Enfo rcement a nd Support Pro gra m, a pass-through grant award and agree ment with the University of North Florida Tra inin g and Services In st itute., d/b/a In stitute of Police Tec hnology and Management ("IPTM") in th e amount of $47 ,14 1.4 7. The co ntract period will begin upon execution and will end on May 12 , 2023. The Florida Dep art ment of Transportation (FOOT), through a grant with University of North Florida will utili ze la w enforce ment support to ed ucate and e nforce safe pedestrian bicyclist , a nd driv e r be hav iors in priority counties in Florida. The mai n object ive of this effort is to red uc e traffic cras hes res ultin g in serious a nd fatal injuri es to pedestrians and bicyclists throug h th e use of se lected traffic ed uc ation an d enforc e me nt operat ions . After a pproval and execution of contract is completed, OMB wi ll appropriate th ese fund s in revenue acco unt 12 1.1000.33 43 02 and expense account 12 1.1000 .521141. George Fuente C hi ef of Police ~APPROV E D:-..-_...,=====:==:=;~~~=:;~~==---~ Lui s Sua ~I DIS APP ROVED: _-=:::=--=;t.~~~..,__f-'-~~2-'-__ ~ Ruth Rubi , Exec ut v 50 1 Palm A\l·nui.:. lli:1kah. Florida · 33010-H l 'J w w\\.h iah.::th ll gov DocuSign Envelope ID: 366E526D-46D5-49C9-BE95-C7C831704F3F . . , ,~ .. ._,._ut00'"01t~0 lnstitu_te of Police Technology and Management September 13, 2022 Mr. Chri s Craig Traffic Safety Administrator Flori da D epartment ofTr ansportation 605 Suwannee Street, MS 53 Tallahassee, Floridi'I 32399 Unive r s ity of f\lorth Florida 12000 A lumni Drive I J acksonville , Floriclri 32224 Phon e: (904) 620-4786 I Fax: (904) 620--2453 www.iptm.org RE: Pedestrian and Bicycle Safety Hi gh Vi sibility Enforcement a nd Support Program Project Numbe r: 4 33144-1-8 404 Contract Number: G2A92 Dear Mr. Craig, W e are requ est ing subcontract approva l under th e aforementioned subg rant agreeme nt. Th e request is for approval of a contractual servi ces agreement b etwee n IPTM an d City of Hi a leah in th e am ount of $47,141.47. Under the contract, City of Hialeah Police Department will conduct overtime high visibi l i t y e ducation a nd enforce ment opcrutions through May 12, 202 3. I ap prec iate your co n sideratio n of this r e qu est . Angel Willi am s Coo rdin ator Attachment DocuSign Envelope ID: 366E526D-46D5-49C9-BE95-C7C831704F3F Letter of Agreement and Contract In this contract between the City of Hialeah ("Vendor") and University of North Florida Training and Services Institute, Inc., d/b/a Institute of Police Technology and Management ("IPTM"l. 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 & 8). The contract period will begin upon execution and will end on May 12, 2023. Total contract amount will not exceed $47,141.47 The parties to this contract shall be bound by all applicable state and federal requirements as outlined in Florida Department ofTransportation (FOOT) 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 FOOT or the University of North Florida. The FOOT 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 FOOT, 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 FOOT, 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 & 8) 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 FOOT 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 require ments of section 24(1) of Article 1 of th e state constitution a nd section 119.07(1 ), Florida Statutes. 1 City of Hialeah DocuSign Envelope ID: 366E526D-4605-49C9-BE95-C7C831704F3F EXHIBIT "A" SCOPE OF SERVICES PEDESTRIAN AND BICYCLE SAFETY HIGH VISIBILITY EDUCATION AND ENFORCEMENT CAMPAIGN I. OBJECTIVE: The Florida Department of Transportation ("FOOT"), 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 blcyclists 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 safely 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 (FOOT). 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 th e V endor but are subject to availability . IPTM re serves 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 pedestrian s , bi cyclists, and motorists, to change behaviors and improve the safety of pedestria ns and bicyclists. Vendor will conduct on-street ed ucation and e nforcement details at pre-approved loca tions within pre-approved times and distribute educational materials with each contact. Education is the preferred method of behavior correction. Warnings and/or citations to pedestria ns, bicyclists, and motorists will be guided by 2 City of Hia lea h. DocuSign Envelope ID: 366E526D-4605-49C9-BE95-C7C831704F3F 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 FOOT 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 FOOT 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 min imum of two (2) media engagements should be conducted in conjunc tion with these high visibility enforcement operations during th e 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 visibil ity of the mobiliz ation. • Vendor will not be re imbursed for administra tive time, travel ti m e, m eal breaks or othe r hours th a t a re not for pa rticipa tion in th e e duca tion and e nforcement overtime d e ta ils a imed at reducing tra ffic crashes resulting in serious or fatal injuries to pedestrians or bicyclists, or attendance at required trai ning outside of the train ing 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 a s 12:00 a .m . to 11 :59 p .m.), unless there are e xtenuating circumstances at the end o f a s hift that c auses the hours to e xceed this limit. Extenuating circumstances must be documented in the activity report. There is no pa y period limit. 3 City of Hia lea h DocuSign Envelope ID: 366E526D-46D5-49C9-BE95-C7C831704F3F • Officer training is mandatory. For the ir 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 l imited 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 complia nce with F.S . 316.2065 (7). A Bicycle Light Distribution Assura nce Form provided by IPT M 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 on line 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 e ligible for reimbu rse ment. HIGH VISIBILITY ENFORCEMENT (HVE) All law enforcement agencies shall conduct High Visibility Enforcement while conducting enforcement under this contractu a l service agreement. High Visibility Enforcement is defined as: Intense: Frequent: Visible: Strategic: Enforce me nt activ ities are over and a bove what norm a lly takes place . Enforcement occurs often enough to create general deterrence. A majority of the public sees or hears about the enforc ement. Enforcement ta rg ets high-r isk loca tions during high-ris k times. 4 City of Hi aleah DocuSign Envelope ID: 366E526D-46D5-49C9-BE95-C7C831704F3F 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 lrom ollicers 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.safetv@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 resolv ed , 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. 5 City of Hialeah DocuSign Envelope ID: 366E526D-46D5-49C9-BE95-C7C831704F3F PRE-APPROVED HVE LOCATIONS Education and enforcement overtime details are only authorized at locations (specific intersections, corridors, and/or reg ions) that have been pre-approved by the FOOT. 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 th is agreement. Each pre-approved location will have clearly defined boundaries ; day(s) and times of day in whic h 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 inc reased 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 FOOT, 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=Disolay Statute&URL=0700- 0 799/0760/0760.html All officers participating in High V isibility Enforcement activities are required to comply with the Law Enforcement Officer Ethical Sta nda rds of Conduct as e stabl ished by the Florida Department of Law E nforcement. https://www.fdl e.state .fl .us/Content/CJ ST/Menu/Officer-Reguirements-Main-Page/LE- Ethical-Standards-of-Conduct.aspx · CORE ACTIVITY PERFORMANCE MEASURES I MINIMUM LEVEL OF SERVICE TO BE PERFORMED AND CRITERIA FOR EVALUATING SUCCESSFUL COMPLETION. Each law e nforcement ag ency is encoura ged to complete all of th e tasks as outlined within this co ntract. All agencie s a re require d to comple te a minimum of (80%) eighty pe rcent of contracte d efforts within th e contract period to b e e ligible for "agency of the year award" consideration. Each successive fiscal y ear , agencies will be prior itized for funding based on percentage of performance ex pectations that were met. 6 City of Hial ea h ( DocuSign Envelope ID: 366E526D-4605-49C9-BE95-C7C831704F3F 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 lo 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 outl ined 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. 7 City of Hial ea h ( DocuSign Envelope ID: 366E5260-4605-49C9-BE95-C7C831704F3F EXHIBIT "B" EFFORT SUMMARY FLORIDA'S PEDESTRIAN AND BICYCLE FOCUSED INTITIATIVE HIGH VISIBILITY ENFORCEMENT CAMPAIGN QUANTIFIABLE, MEASURABLE, AND VERIFIABLE DELIVERABLES • A m inimum 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 ov ertime 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 • Only overtime hours for sworn law enforce ment 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 el igible 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: $47,141.47 8 Cit y o f Hi ale a h DocuSign Envelope ID: 366E526D-4605-49C9-BE95-C7C831704F3F . - Rank Roadway Name 9 E 25th Street 14 W 21st Street 27 W 49th Street 30 W 29th Street ... 41 E 4th Avenue 47 W 24th Avenue SS W 16th Avenue 60 W 49th Street 78 W9th Street EXHIBIT"C" Locations for Hialeah Police Department Florida's Pedestrian and Bicycle Focused Initiative High Visibility Enforcement Campaign -Time Range From To Tier From To E 6th Avenue E 12th Avenue 1 1400 0900 ---·---·-· 200-lt west of Palm E 2nd Avenue 1 1800 0700 Avenue ·---·· .. --·-·--- NW 7th Avenue W 16th Avenue 1 0600 2200 NW 16th Avenue W 4th Avenue 2 1800 2400 E 32nd Stree t E 41st Stree t 2 1000 2100 NW 103rd Street w 62nd Street 2 1300 2400 W 4 lst St ree t W 46th Street 2 01()0 1100 W 12th Avenue W 6th Avenue 2 1200 2200 W 4th Avenue E Isl Avenue 2 1000 1300 Day of the Week Tuesday, Wednesday, Friday, Saturday, Sunday, Thursday ··- Friday, Monday, Saturday, Tuesday, Wednesday Friday, Saturday Monday, Sa turday, Su nday, Thursda y, Tuesday Friday, Saturday, Thursday, Tuesday --·----·· Monday, Tuesday, Wedne~day, Friday Frida y, Monday, Sunday, Thursday Friday, Saturday, Th ursday Monday, Tuesday, Wednesday Data Source: FOOT Crash Analysis Reporting (CAR) System, 2017-2021 (downloaded J\prll 2022). Table lists roadway segments with high representation of traffic crashes resulting in serious injuries and fatalities to pedestrians and bicyclists. --- 9 Cit y of Hial ea h DocuSign Envelope ID: 366E526D-4605-49C9-BE95-C7C831704F3F EXHIBIT "C" -Tier 1 High Crash Segments 2022-2023 HIGH VISIBILITY ENFORCEMENT PROGRAM MIAMI-DADE COUNTY TIER 1 PEDESTRIAN/BICYCLE HIGH CRASH SEGMENTS .:.· ,, . .. . ' . .., •• -~Td&cit y 'i " ~ ' ' ' . . -: ... , . c /.', /f' I' .• ··'' Mi ,.mtH 10 Ci t y of Hial ea h : LEGEND Pe d-0 ke Soriou s l nju ry/Fotal Crashes -"Tlor 1 Rna<l""'Y seamen! DocuSign Envelope ID: 366E526D-4605-49C9-BE95-C7C831704F3F EXHIBIT "C" -Tier 2 High Crash Segments 2022-2023 HIGH VISIBILITY ENFORCEMENT PROGRAM MIAMI-DADE COUNTY TIER 2 PEDESTRIAN/BICYCLE HIGH CRASH SEGMENTS l ,· . . -. :F=::. -:-+-~-.-.:::-L ;~=· ----11\---------:Jr/·--·----r : :.· ~.·~Jlr!i .. l-:. ··Na11i:1am1 1tunnr11rso ' .. .,. ~ • .. • • • • • • • • : . ' Ii:.-~ . ~ac:h r D•Hl'I ~·. .t';.• :i !, • • .. Mfi·~·\'d!11tlJ. : •. , «,~' .. / '.\ 'l~··· ; •";"" . ~ :> ~~ . '1' ... :~{ ~~~ .. J ·~-. • ...... (.,.. •· • B "11h!·JV•M• ,.., ...... r ~~-..... _; . : ~ : ·; .' : .-.~-,! . ; ·~'f·. ~: ". . ·~>M· .•• ;&\3.~, . ..... ... ... -~ ~> . ·I!' ~ • .ilD ..• ·. I ... "' ~ : .. ~·..-... ~)\~~" •. lm .. ~ ._ .... : "n:i ~ • • ...:.a. .-~ ~-· n. ...~hluh ,,.=11~.:":.: j' ~ • ~-~ .:... ·:-~"---~. _,.-~. ; ii • .\.,. •w,.•••-•;;,;x;;;·.r~~· •'ll.l!!ll · ll • """' I~ •; • 'Jr:'' •. I II '""""''" ·I '-• • • : ... , ... ,, · '' '•J •\ Nor(l\11.,. f ltllll•ll't J EL: -~· . ••ml Buch T~'l ----:-=-::. f=---==-=-""' ''"''' "J.>:· ._..;-~_-==1' =-,~-;~" ~'19.:i11~m• '• Ir . . -l-'---.. • Jht•arw1n11 ·~ _ ... •• • d'a'w•• · • ·-·--il' •h ·:'w'"·" -·~·le·-g.,:o~bl:, . ' ,,~: ~ ~ ~ iJ 1 " ~ ___ JR.., . k' 11 ..•. PJll • ' • ;., ••..• · . . r ~.JI,, ~ ·" -·-.~·· • -:!fl' ••• ~ ~ . ,{1\ . ,, .. ' . $ .. r ::/.: ·· .... t . : .,, . IL ,. .. /: •.. ,1 ;,·l~-~~·< [: .~ CDv Ii\• .}· Pln•crHI 1·'1,,,. ' • 1~ Kondoll I • I •• '·'· P~lm•ILD Bay ';\" • c:,1,, I. . ,• ' .. /)Jj11Jt Rltli:• ,. '\ .. ni-l~ut!tt S,,•'t' °''I\. "-?J~·.""·1 .;· • 'I ., .. !: ftll ~ _..,,. .. ..:·•'.r-l -..!' ,:· .-<· . ,'( /.,y 1.· , .Dr ~:~\llUd,.·=·· I -----LEGEND • Ped·Bk"e Serious Injury/Fat.al Crashes it ....... ·· ': ... = Tior 2 Roadway Se;ment Jl:."!1~ Clly .1 -"10"c..M/'l~,lf1,.,.,.,f(.M:l~l".fT\WO•-J.lcrwod--oJ. .. n..-~"9':-'U..,.,..,,.,.,,._ • .,._ ~;........._~_,,.,.._,,.~_ ... ........,. OllNT..,.O..-,.Oolo~,l .. 11 ~-.. ....-.. 11 City of Hialeah -, DocuSign Envelope ID: 366E526D-460549C9-BE95-C7C831704F3F Letter of Agreement and Contract Execution of Agreement. This Agreement may be simultaneously executed in a minimum of two counterparts , each of wh ich so executed shall be deemed to be an original, and such co unterparts 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 Cameron Pucci, Director Date 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 I am authorized to sign for the Vendor. Vendor Name: City of Hialeah Address: 5555 E 8th Avenue, Hialeah, FL 33013 Vendor's Authorized Agent Signature Printed Name :-:~-J!'ef!f.!;.,(;-UAi S.fR Vl(:[.S AG.RE:EM:E N T ~EV I F'v'.1 ED A N C l \PPR C>VE:'.G 12 City of Hi alea h Date Tille DocuSign Envelope ID: 366E526D-46D5-49C9-BE95-C7C831704F3F Exhibit "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 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 Un ited 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-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-a ssisted contra cts. Failure by the consultant or contractor to carry out these requirements is a material breach of this contract, wh ich 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 sy s tem to verify the employ ment eligibility of all new employees hire d by th e subcontractor during the contract te rm . 13 City of Hi alea h ( DocuSign Envelope ID: 366E526D-46D5-49C9-BE95-C7C831704F3F 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 discrim ination 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 FOOT 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 contracUagreement 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 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 . 14 City of Hi ale ah DocuSign Envelope ID: 366E526D-4605-49C9-BE95-C7C831704F3F 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 Wh ile 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-agreemenl/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 bus inesses, and women's bu siness enterprises are solicited whenev er they are potential sources ; 3. Divide total requirements, when economically feasible , into smaller tasks or quantities to permi t 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 a nd assistance, as appropri ate, of s uch organi zatio ns as the Small Bus iness Admin istration and th e Minority Bus iness Deve lopment Agen cy of th e Dep artm ent 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 accorda nce with Appendix II to 2 CFR Part 200 -Contract Provisio ns for Non -Federal Entity Contracts Und er Fe dera l Award s, eith er Party may termin ate this Agree ment fo r convenience upon thirty (30) days' adv ance writte n no ti ce to th e oth e r Pa rty . T ermin ation of thi s Agreement, as such, will not affect payment for services satisfactorily furnished prior to the termination . 15 Ci t y of Hi alea h r ITE M # __ f\_· _,.- SEP 2 7 2022 RESOLUTION NO. RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA, ACCEPTING A GRANT IN THE AMOUNT OF $47,141.47 FROM THE UNIVERSITY OF NORTH FLORIDA TRAINING AND SERVICES INSTITUTE D/B/A/ INSTITUTE OF POLICE TECHNOLOGY AND MANAGEMENT ("IPTM"); APPROVING AND ACCEPTING THE TERMS OF USE OF THE GRANT FUNDS AS SET FORTH IN THE LETTER OF AGREEMENT AND CONTRACT ATTACHED AS EXHIBIT "A"; ON A REIMBURSEMENT BASIS, AUTHORIZING THE MAYOR, OR THE POLICE CHIEF, AS THE MAYOR'S DESIGNEE, AND THE CITY CLERK, AS ATTESTING WITNESS, ON BEHALF OF THE CITY, TO EXECUTE THE LETTER OF AGREEMENT AND ANY OTHER CUSTOMARY AND NECESSARY DOCUMENT IN FURTHERANCE OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation ("FDOT") provides funding to the Institute for Police Technology and Management ("IPTM") at the University of North Florida for the High Visibility Enforcement Program for Pedestrian and Bicycle Safety; and WHEREAS, IPTM provides contracts with law enforcement agencies in priority counties to conduct high visibility enforcement operations in areas with the highest representation of traffic crashes resulting in serious or fatal injuries to pedestrians and bicyclists; and WHEREAS, high visibility enforcement funds are intended as a crash mitigation tool, and high enforcement details are designed to reduce unsafe behaviors of all road users, including motorists, pedestrians and bicyclists; and WHEREAS, the University of North Florida Training and Services Institute D/B/ Al Institute of Police Technology and Management ("IPTM") approved an award in the amount of $47,141.4 7 to benefit the City of Hialeah Police Department; and WHEREAS, the City must accept the terms governing the use of the funds by making an application for and agreeing to the terms of use of the grant funds; and WHEREAS, it is the objective of the City of Hi aleah Police D epartment to reduce traffic crashes resulting in serious and fatal injuries to pedestrians and bicyclists through education, training and enforcement; and WHEREAS, grant funds will be utilized to promote safe pedestrian, bicyclist and driver behaviors in the City of Hialeah and increase the Department's presence visibility. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA, THAT: RESOLUTION NO. ------- RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA, ACCEPTING A GRANT IN THE AMOUNT OF $47 ,141.47 FROM THE UNIVERSITY OF NORTH FLORIDA TRAINING AND SERVICES INSTITUTE D/B/AJ INSTITUTE OF POLICE TECHNOLOGY AND MANAGEMENT ("IPTM"); APPROVING AND ACCEPTING THE TERMS OF USE OF THE GRANT FUNDS AS SET FORTH IN THE LETTER OF AGREEMENT AND CONTRACT ATTACHED AS EXHIBIT "A"; ON A REIMBURSEMENT BASIS, AUTHORIZING THE MAYOR, OR THE POLICE CHIEF, AS THE MAYOR'S DESIGNEE, AND THE CITY CLERK, AS ATTESTING WITNESS, ON BEHALF OF THE CITY, TO EXECUTE THE LETTER OF AGREEMENT AND ANY OTHER CUSTOMARY AND NECESSARY DOCUMENT IN FURTHERANCE OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation ("FDOT") provides funding to the Institute for Police Technology and Management ("IPTM") at the University of North Florida for the High Visibility Enforcement Program for Pedestrian and Bicycle Safety; and WHEREAS, IPTM provides contracts with law enforcement agencies in priority counties to conduct high visibility enforcement operations in areas with the highest representation of traffic crashes resulting in serious or fatal injuries to pedestrians and bicyclists; and WHEREAS , hi gh visibility enforcement funds are intended as a crash mitigation tool , and high enforcement details are designed to reduce unsafe behaviors of all road users, including motorists, pedestrians and bicyclists; and WHEREAS, the University of North Florida Training and Services Institute D/B/ AJ Institute of Police Techno lo gy and Management ("IPTM") approved an award in the amount of $47,141.47 to benefit the City of Hialeah Police Department; and WHEREAS , the City must accept the terms governing the use of the funds by making an application for and agreeing to the terms of use of the grant funds; and WHEREAS, it is the obj ective of the City of Hialeah Police Department to reduce traffic crashes resulting in serious and fatal injuri es to pedestrians and bicyclists through education, training and enforcement; and WHEREAS, grant funds w ill b e utilized to promote safe pedestrian, bicyclist and driver behaviors in the City of Hialeah and incr ease the Department's prese nce visibi lity. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA, THAT: RESOLUTION NO. ~~~~~~~~- Page No . 2 Section 1: The City of Hialeah, Florida hereby accepts the award of $47,141.4 7 from the University of North Florida Training and Services Institute D/B/A/ Institute of Police Technology and Management ("IPTM"), to fund the activities by the City of Hialeah Police Department; to enforce High Visibility for Pedestrian and Bicycle Safety and approves and accepts the terms of use of the grant funds as set forth in the application attached as Exhibit "A". Section 2: The City of Hialeah, Florida hereby authorizes the Mayor, or the Police Chief, as his designee, and the City Clerk, as attesting w itness, to execute the application, any interlocal agreement, and all other necessary and customary documents required by Miami-Dade County in furtherance thereof on behalf of the City. Section 3: This resolution shall become effective when approved by majority vote of the City Council and signed by the Mayor or at the next regularly scheduled City Council meeting, if the Mayor's signature is withheld or if the City Council overrides the Mayor's veto. Attest: PASSED AND ADOPTED this __ day of ________ , 2022. Carl Zogby Council President Approved on this __ day of _______ , 2022. Mayo r Esteban Bovo, Jr. g rant from uni vers ity of north fl o rid a -resoluti on -acceptance of grant Esteban Bovo, Jr. Mayor Carl Zogby Council President Monica Perez Council Vice President September 14, 2022 City of Hialeah Honorable Mayor Esteban Bovo, Jr. And Council Members City of Hialeah Hialeah, Florida 33010 RE: Pedestrian and Bicycle Safety High Visibility Enforcement and Support Program Dear Mayor and Council Members: Council Members Bryan Calvo Vivian Casals-Munoz .Jacqueline Garcia-Roves Luis Rodriguez Jesus Tundidor The City of Hialeah Police Department encourages and supports a wide range of grant-funded projects that are compatible with its overall criminal justice goals and objectives. Therefore, the Hialeah Police Department is requesting Mayor Bovo and City Council to accept the Pedestrian a nd Bicycle Safety High Visibility Enforcement and Support Program , a pa ss-through grant award and agreement with the University of North Florida Training and Services Institute ., d/b/a Institute of Police Technology and Management ("IPTM ") in the amount of $47,141.4 7. The contract period will begin upon executio n a nd will end on May 12 , 2023. The Florida Department of Transportation (FOOT), through a grant with University of North Florida will utilize law enforcement support to educate and enforce safe pedestrian , bicyclist. and driver behav iors in priority counties in Florida. The main objective of this effort is to reduce traffic crashes resulting in serious and fatal injuries to pedestrians and bicyclists through the use of se lect ed traffic education and enforcement operations. After approval and execution of contract is completed, OMB will appropriate these funds in revenue account 121.1000.334302 and expense account 121 .1000.521141. ~~- George Fuente Chief of Police APPROVED I DISAPPROVED: Lu is Suarez, Purchasin g Manager ~~~~~~~~~~~~~~~~~~~ Ruth Rubi , Exec utive Director of Finance Manageme nt Es teban Bovo, Jr., Mayor 501 P:i lm A\i:nuc. Hiali..~h. Flomb · 33010-1'7 1'> \\~w.h ialcrahll.go \ COUNCIL AGENDA ITEM REQUEST FORM This form, letter from the department head addressed to the Mayor and City Council, as well as supporting documents are due the Monday of the week prior to the City Council Meeting. Date of Request: September 14, 2022 Requesting City Department: Police Department Requested Council Meeting Date: September 27, 2022 Action Requested from the D Issue a purchase order City Council: D Increase a purchase order D Award a bid D Bid No. D Reject a bid D Bid No. D Special Events Permit D Street Closure ~ Other: AcceQtance of Grant Scope of service(s) or Overtime Reimbursement-Conducting high visibility product(s): enforcement while conducting enforcement Vendor: University of North Florida Training & Services Institute., d/b/a Institute of Police Technology and Management (IPTM) Expenditure Amount: $0 Funding Source (i.e., account We are asking to receive money funding the expenditure): Purchase Process: D Competitive Bidding D An exception to competitive bidding applies: D Professional services in the nature of consultants, Accountants, and attorneys D Sole source provider D Emergency based on object facts D Credit facilities D Competitive bidding is not required because the City is utilizing a bid that has been awarded or under contract by state, county or other governmental agencies. D Title of state, county or other governmental Agencies contract: D Piggy-back contract expiration date: ___ _ [gl Waive Competitive Bidding [gl Reason(s) it is not advantageous to the City to utilize competitive bidding: Acceptance of Grant Signatures: Dep ~ Luis A. Suarez, Purchasing Manager Ruth Rubi, Executive Director of Finance Management Esteban Bova, Jr., Mayor DocuSign Envelope ID: 366E526D-46D5-49C9-BE95-C7C831704F3F ,~.,\'\"'t00'P011c0 Institute of Police Technology and Management September 13, 2022 Mr. Chris Craig Traffic Safety Administrator Florida Department of Transportation 605 Suwannee Street, MS 53 Tallahassee, Floridi'l 32399 Unive r sity of l'-lorth Floricl ;:1 12 000 Alumn i Drive I .J <Kkso nvillc:-\ Flnricln 32224 Phone: (904 ) 620-47 86 I Fa x : (904 ) 6 2 0 --2453 www.iptm .org RE: Pedestrian and Bicycle Safety Hi gh Vi sibility Enforcement and Support Program Project Number: 433144-1-8404 Con tract Number: G2A92 Dear Mr. Craig, W e ar e requesti ng subcontract approval under the aforement ioned subgrant agreement. The request is for approval of a contractual services agreement between IPTM and City of Hi alea h in th e amount of $47,141.47 . Under the contract, City of Hialeah Police Department will conduct ov e rtime high vi sibility education and enforcement op crutio ns through May 12, 202 3. I appreciate your co nsideratio n of this r equest. Angel Willi ams Coordinator Attachment Training the Next Generation of Law Enforcement DocuSign Envelope ID : 366E526D-46D5-49C9-BE95-C 7C831704F3F Letter of Agreement and Contract In this contract between the City of Hialeah ("Vendor") and University of North Florida Training and Services Institute, Inc., d/b/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 $47,141.47 The parties to this contract shall be bound by all applicable state and federal requirements as outlined in Florida Department of Transportation (FOOT) 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 FOOT or the University of North Florida. The FOOT 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 FOOT, 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 .2 8, 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 employ me nt, 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 subdiv ision 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 FOOT, the University, an d the Vendor of any rights or limits to liability existing under Section 768.28, Florida Statutes . In accordance with the contract, the V e ndor is authorized to perform the tasks detailed in the scope of services (Exhib its 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 a nd must be essential to the successful completion of the tasks id entifi ed in this contract for services . If a cost benefits more than one project, a determination must be made and documentation provided to support th at the cost is distributed in a reasonable and consistent manner across all benefiting projects CANCELLATION : This contract may be unilaterally cancelled by FOOT 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 Vendo r in conju nction with thi s contract, unl ess Florida law provides that th e records are confidential and/or exempt from the disclosure req uirements of section 24(1) of Article 1 of th e state constitution a nd section 119. 07(1 ), F lorida Statutes. 1 EXHIBIT City of Hiale ah DocuSign Envelope ID : 366E526D-46D5-49C9-BE95-C7C83 1704 F3F EXHIBIT "A" SCOPE OF SERVICES PEDESTRIAN AND BICYCLE SAFETY HIGH VISIBILITY EDUCATION AND ENFORCEMENT CAMPAIGN I. OBJECTIVE: The Florida Department of Transportation ("FOOT'), 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 pedestria ns 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 enforceme nt 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 (FOOT). This campaign supports the goals established in Florida's Pedestri an an d Bicycle Strategic Safety Plan . High Visibility Enforcement activities are being implemented to mitigate crashes by educating ped estrians, bicy clis ts, and motorists on traffi c law s pertaining to pedestrian a nd bicycle safety and increasing compliance with those laws . Ill. IPTM RESPONSIBILITIES: IPTM will provide the required training/tra ining materials, a copy of Florida's Pedestrian and Bicycle Strategic Safety Plan, and educational materials to the V end or for distribution during enforcement operations upon co ntract execution . Additional educational materials, bicycle lig hts, and electronic media ma y be requested by th e V endor but are subj ect to av ai lability. IPTM reserves the right to review and audit th e Vendor's co mpli a nce with the terms of this Letter of Agreement and Con tract. IP T M a lso reserves th e right to reduce the amount of funding allocated under this Letter of Agreement and Contract when it is determined that th e V e ndor will be unable to properly utilize the full funding amount as outlined herein . IV. VENDOR SERVICES AND RESPONSIBILITIES: Vendor will provid e high visibility education and enforcement of a ll road users, including pedestrians, bicyclists , a nd motorists, to chang e behaviors and improve th e safety of pedestrians and bicyclists. V endor will conduct on -street ed uca ti on and e nfo rce ment deta il s at pre -approved locations within pre -approved times and distribute educational materia ls with each contact. Education is the preferred method of behavior correction. W arn ings and/or citations to ped estrians, bicyclists, and motorists will be guided by 2 City of Hial eah . DocuSign Envelope ID : 366E526D-46D5-49C9-BE95-C7C831704F3F 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 vis i ble 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 location s outside of those pre-approved by the FOOT 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 FOOT 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, m ea l breaks or other hours that are not for participation in th e ed uca tion and enforcement overtime details aimed at reducing traffic crashes resulting in serious or fatal injuries to pedestrians or bicyclists, or attend ance 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 th e 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. 3 City of Hialeah Do cuSign Envelope ID : 366E526D-46D5-49C9-BE95-C7C831704F3F • Officer training is mandatory . For the ir overtime hours to be reimbursable , officers working the education and enforcement details must first complete the required four-hour training course t itled "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 on line 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 a lso 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: Frequent: Visible: Strategic: Enforcement activ ities are ov er and a bove wh at norma lly takes place. Enforcement occurs often enough to create general deterrence. A majority of the public sees or hears about the enforcement. Enforcement targ ets high -risk locations during high -risk times. 4 City of Hi alea h Do cuSign Envelope ID : 366E526D-46D5-49C9-BE95-C7C831704F3F 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 on line 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 on line 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.safety@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 w ill result in a delay in the payment and is not s ubject to the interest penalty . The Vendor payment requirements do not start until a prope rly completed financia l re imbursement request is provided to th e University. FINANCIAL CONSEQUENCES Payment shall be made only after receipt and approval of services provided. If the University determines that the performance of the V endor d oes not comply with the contract requirements, the University shall notify th e V endor of the deficiency to be corrected, and th e correction s ha ll be mad e within a timefra me to be specified by the University . If the defici e ncy is sub sequently reso lved, the University agrees to pay th e invoice (s) for th e unpaid a mount(s) during the next billing period . If th e Vendo r is un ab le to resol ve th e deficiency, the funds shall be forfeited at the end of this contractual service agreement. 5 City of Hi alea h DocuSign Envelope ID : 366E526D-46D5-49C9-BE95-C7C831704F3F 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 FOOT. 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 FOOT. Increased funding will be accomplished through an amendment to this contract which must be signed by the FOOT, 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-Page/LE- Ethical-Standards-of-Conduct.aspx CORE ACTIVITY PERFORMANCE MEASURES I MINIMUM LEVEL OF SERVICE TO BE PERFORMED AND CRITERIA FOR EVALUATING SUCCESSFUL COMPLETION. Each law enforcement agency is encouraged to compl ete all of the tasks as outlined within this contract. All agenci es are required to complete a minimum of (80%) eighty perc e nt of contracted efforts within th e contract pe riod to be e ligibl e for "age ncy of the year award" consideration. Each successive fiscal year, agencies will be prioritized for funding based on percentage of performance expectations that were met. 6 City of Hi alea h DocuS ign Enve lope ID: 366E 526 D-46 D5-4 9C9-BE95-C7C83 17 04F3F CONSEQUENCES FOR NON -PERFORMANCE If the Vendor is unable to properly utilize the full funding amount as outl ined 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 we re completed as outlined in this ag reement. Fa ilure to submit invoices, detail activity reports, or other deli verables as o ut lin ed in this contract may result in termination of the agreement. 7 City of Hi alea h DocuSign Envelope ID : 366E526D-46D 5-49C9-BE95-C7C831704F3F 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+/-$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 civil ian 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 w ere 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: $47,141.47 8 City of Hi alea h DocuSign Enve lope ID : 366E526D-46D5-49C9-BE95-C7C83 1704F 3F Rank Roadway Name 9 E 25th Street 14 W 21st Street 27 W 49th Street 30 W 29th Street 41 E 4th Avenue 47 W 24th Avenue 55 W 16th Avenue 60 W 49th Street 78 W 9th Street EXHIBIT "C" Locations for Hialeah Police Department Florida's Pedestrian and Bicycle Focused Initiative High Visibility Enforcement Campaign Time Range From To Tier From To E 6th Avenue E 12th Avenue 1 1400 0900 200-ft west of Palm E 2nd Avenue 1 1800 0700 Avenue NW 7th Avenue W 16th Avenue 1 0600 2200 NW 16th Avenue W 4th Avenue 2 1800 2400 E 32nd Street E 41st Street 2 1000 2100 NW 103rd Street W 62nd Street 2 1300 2400 W 41st Street W 46th Street 2 0100 1100 W 12th Avenue W 6th Avenue 2 1200 2200 W 4th Avenue E 1st Avenue 2 1000 1300 Day of the Week Tuesday, Wedn esday, Frida y, Saturday, Sunday, Thursday Friday, Monday, Saturday, Tuesday, Wednesday Friday, Saturday Monday, Saturday, Sunday, Th ursday, Tuesday Friday, Sa turday, Thursday, Tuesday Monday, Tuesday, Wednesday, Friday Friday, Monday, Sunday, Thursd ay Frida y, Saturday, Thursday Monday, Tu es d ay, W edn esda y Data Source: FOOT Crash Analysis Reporting (CAR) System, 2017-2021 (downloaded April 2022). Table lists roadway segments w ith high representation of traffic cra sh es resulting In serious injuries and fatalities to pedestrians and bicycli st s. 9 City of Hi al ea h DocuSig n Enve lope ID : 366E526D-46D5-49C9-BE95-C7C83 1704 F3F I ::I I \ I EXHIBIT "C" -Tier 1 High Crash Segments 2022-2023 HIGH VISIBILITY ENFORCEMENT PROGRAM MIAMI -DADE COUNTY TIER 1 PEDESTRIAN/BICYCLE HIGH CRASH SEGMENTS 10 City of Hi al ea h : LEGEND • Ped -Bike Serious Injury/Fatal Crashes -Tier 1 Road\/Vay Segment 1l' DnaSoY'<'L RJOr<toJti~R4patrv(C..-JUS'yiW1\ >017•101J(ottu.Md Mcr"ll 1QJ.>j.. Moptl~"O'lcsf'ood-yug"""u ""'cJ.Nrjo1•Pf•~o~cJwjfauas1ta 1&Miigii.wb.is';.jviuotd)otoWu 1op.1daukraO'ldiWj(hu. DocuS ig n Envelope ID: 366E 526D-46D5-49C9-BE95-C7C831704F3F EXHIBIT "C" -Tier 2 High Crash Segments 2022-2023 HIGH VISIBILITY ENFORCEMENT PROGRAM MIAMI -DADE COUNTY TIER 2 PEDESTRIAN/BICYCLE HIGH CRASH SEGMENTS ~~ml Beach "1'~1 I'' : LEGEND • Ped-Bike Serious Injury/Fatal Crashes -lier 2 Roadway Seg ment 11 City of Hi alea h DocuSign Enve lope ID : 366E526D-46D5-49C9-BE95-C7C83 1704F3F Letter of Agreement and Contract Execution of Agreement. This Agreement may be simultaneously executed in a min imum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shal l 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 Cameron Pucci, Director Date 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 I am authorized to s ig n for the Vendor. Vendor Name: City of Hialeah Address : 5555 E 8th Avenue, Hialeah, FL 33013 Vendor's Authorized Agent Signature Printed Name CONT~ACTUA SERVICES AGREE . NT R.E\l lEWED AND APF O\J\ED 09/13 /22 12 City of Hi alea h Date Title Do cuSi gn Enve lo pe ID : 366E 526D-46D 5-49 C9-BE95-C7 C83 1704F 3F Exhibit "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 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 requ irements if (1) thei r application would be inconsistent w ith the public interest; (2) such materials and products are not produced in the United States in sufficient and reasonably availab le 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. ii i. Certification Regarding Federal Lobbying. The subcontractor certifies , to the best of his or her knowledge and bel ief, 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 gra nt, the making of any Federal loan, the entering into of any cooperative agreement, and the extension , contin uat ion, re newal, amendment, or modifi cation 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 w ith th is Federal contract, gra nt, loan , or c ooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordan ce with its instructions . iv. Cooperation with the Inspector General. It is the duty of every subcontra ctor 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. Th e subcontractor shall not discrimin ate on the basis of race, color, national origin, o r sex in the performance of this contract. Th e con su ltant or c ontractor shall carry out a pplicable requirements of 49 CF R, P art 26 in th e award and administration of USDOT-assiste.d contracts . Fai lure by th e c onsulta nt or contractor to ca rry out th ese requirem ents is a materia l breac h of thi s co ntract, w hich may res ul t in th e termination of this contract or such other re medy , as the Subrecipient or the Department deems app ro priate . vi. E-Verify. Any subcontractors performing work or providing servi ces pursuant to the subgrant agree men t are required to utilize the U.S. Department of Homeland S ecurity's E-Verify system to verify the empl oymen t eligibi lity of all new employ ee s hired by th e s ub co ntracto r d uring th e contract term. 13 Cit y o f Hi alea h DocuSig n Enve lope ID : 366E526D-46D5-49C9-BE95-C7C 83 1704F3F 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 faci lities 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 contracUagreement 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 . T he 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 materia l 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 subcontra cts in excess of $100,000 th at involve th e employment of mechanics or laborers must include a provision for compliance w ith 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 contracto r 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 an d a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week . Th e requireme nts of 40 U.S .C . 37 0 4 are a pplicable to construction work an d provide th at no laborer or mechanic must be required to work in surroundings or under w orking con ditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of s upplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 14 Ci ty of Hi alea h DocuSign Enve lo pe ID : 366E526D-46D5-49C9-BE95-C7C83 1704F3F 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 390 2.10, 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, wom en'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 wh enever they are potential sources; 3. Divid e total requirements, wh en economically fea sible, into small er tas ks 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 th e services a nd assistan ce, as appropriate, of su ch org ani zations as the Small Business Adminis tration an d th e Minority Business Dev e lopmen t Agen cy of th e Departm en t 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 Append ix II to 2 CFR Part 200-Contract Provi sions for Non -Fed e ral Entity Con tracts Und e r Federa l Awards, ei th er Party may termi nate th is Agre e me nt for conve ni e nce upon thirty (30 ) days' a dva nce written notice to th e oth er Party. Terminati on of this Agreement, as such, will not affect payment for services satisfactorily furnished prior to the termi nation . 15 City of Hi alea h