CN-550000-BDZ69.pdf

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EXHIBIT “A”

SCOPE OF SERVICES

FOR

FLORIDA HIGHWAY PATROL

ENHANCED ENFORCEMENT SERVICES

I. OBJECTIVE

The Florida Department of Highway Safety and Motor Vehicles (DHSMV), Division of Florida Highway Patrol (FHP) Troop D, for enhanced enforcement of the I-4 corridor shall provide the services defined in the Exhibit “A”, Scope of Services.

The goal is to reduce crashes including secondary incidents, the duration of crash incidents to include clearance of the travel lanes, and consistent enforcement to improve public safety.

The DEPARTMENT’S expectation is that FHP troopers assigned to patrol the corridor shall be responsible for the enforcement of Florida Statutes. The FHP, Troop D, Deland District 3 Office shall provide the necessary supervision, staffing and equipment on Interstate 4 for regional and consistent law enforcement services in response to clearing vehicle crashes from travel lanes from the Polk/Osceola County line (CR532) to Saxon Boulevard in Volusia County (Approximately 53 miles). Law enforcement services include, but are not limited to; speed enforcement, investigating crashes, expeditious clearance of crashes in accordance with the Open Roads Policy, and patrolling I-4. The FDOT must approve any changes to these limits stated as part of this contract. This contract will supplement normal staffing levels. The operating schedule is for FHP to provide Troopers 24 hours, 7 days, all shifts. The FDOT may change this operating schedule and limits based on traffic flow, traffic patterns, construction, special events and/or changes to environmental conditions and availability of funds.

II. Methodology

The approach to achieve the above objective:

Reduce Crashes: Providing additional officers for patrolling and responding to incidents would result in a safer travelling environment and accelerated clearance of travel lanes would lead to a decrease in the number of secondary incident crashes.

III. Performance Metrics

Reduce Crashes:

Incident Response Time Travel Lane Clearance Time

Number of Citations on I-4 from the 17 FTEs Number of Citations on I-4 from FTEs not on the contract Crashes worked on I-4 from the 17 FTEs Crashes worked on I-4 form FTEs not on the contract

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List of Officers Patrolling I-4

- On Contract

- Not on Contract

IV. FHP RESPONSIBILITIES:

A. Number of Troopers Required

Trooper staffing for enhanced enforcement services shall be contingent on the annual funding of the agreement. The FHP will provide a variable number of Troopers up to a limit of 17 Troopers (15 Law Enforcement Officers and 2 Sergeants) with the necessary equipment. FHP will provide the DEPARTMENT with a monthly report including the performance Metrics listed in Section III.

Assignment of FHP troopers will be made in accordance with the established Department of Highway Safety and Motor Vehicles (DHSMV) program guidelines.

B. FHP Supervisor

FHP shall provide a supervisor responsible for coordinating all the work and providing monthly documentation to the DEPARTMENT of the number of actual troopers used to patrol the interstate and the number of hours patrolled by the troopers. The FHP Supervisor shall make sure assigned FHP patrol personnel are performing their duties as required. The FHP Supervisor responsible for coordinating the work shall also submit on a monthly basis to the DEPARTMENT, a report containing the information listed in Section III.

C. Trooper Responsibility

FHP personnel assigned to this agreement shall only be directly responsible to the Troop D Commander. During the period of rendition of the foregoing services, the troopers shall be considered on detail from their regular work assignments. The troopers shall remain employees of the DHSMV for all purposes. The primary intent is for the troopers to keep the traffic flowing by responding to any incidents that impedes the free flow of traffic and shall provide enforcement of all traffic laws.

D. Project Limits

All travel lanes on Interstate 4 from the Polk/Osceola County line (CR 532) to Saxon Boulevard in Volusia County (approximately 53 miles).

E. Hours of Services

The operating schedule is for FHP to provide troopers 24 hours, 7 days, all shifts.

The FDOT may change this operating schedule and limits based on traffic flow, traffic patterns, construction, special events and/or changes to environmental conditions and availability of funds.

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F. FHP Costs

FHP vehicles involved in an accident as the result of performing the services described under this agreement, shall be replaced or repaired at the sole expense of FHP. Additionally, all FHP vehicle wear and tear and maintenance costs as the result of performing the described services shall also be the responsibility of FHP.

G. Incident Investigation

Incidents investigated by FHP personnel shall follow standard FHP reporting and operational procedures.

H. Trooper Injury

Any trooper participating under this agreement who suffers disability or death as a result of personal injury arising out of and in the performance of the duties in connection herewith shall be treated as an employee of the DHSMV.

I. Trooper Paper Work

Any trooper participating under this agreement must submit timely and accurate paperwork.

V. DEPARTMENT RESPONSIBILITIES:

A. The DEPARTMENT shall authorize FHP to begin the work described herein by the issuance of a Notice-To-Proceed (NTP) Letter.

B. The NTP shall contain the length of time for which the services are required and the Budgetary Ceiling for the period the service will be provided.

C. The DEPARTMENT’S Project Manager or delegate shall meet with the FHP

Supervisor to discuss performance of services on a monthly basis.

D. The DEPARTMENT shall compensate FHP for the services noted in this scope of service in accordance with the Exhibit B, FHP Billing Rates and covenants noted in Exhibit C, Method of Compensation.

VI. General Requirements:

This scope of services may be amended at any time, as mutually agreed to in writing by both parties.

ON INTERSTATE 4 ACTIVITY:

The Florida Highway Patrol (FHP), Troop D, Deland District 3 Office shall provide the necessary supervision, staffing and equipment on Interstate 4 for regional and consistent law enforcement services in response to clearing vehicle crashes from travel lanes from the Polk/Osceola County line (CR532) to Saxon Boulevard in Volusia County

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(Approximately 53 miles). Law enforcement services include, but are not limited to;

speed enforcement, investigating crashes, expeditious clearance of crashes in accordance with the Open Roads Policy, and patrolling I-4. The FDOT must approve any changes to these limits stated as part of this contract. This contract will supplement normal staffing levels. The operating schedule is for FHP to provide Troopers 24 hours, 7 days, all shifts. The FDOT may change this operating schedule and limits based on traffic flow, traffic patterns, construction, special events and/or changes to environmental conditions and availability of funds.

The FHP will provide a variable number of Troopers up to a limit of 17 Troopers (15 Law Enforcement Officers and 2 Sergeants) with the necessary equipment. FHP will provide the DEPARTMENT with a monthly report of activities.

OFF INTERSTATE 4 ACTIVITY:

The specific FDOT financed “off interstate 4” activities are as follows:

A. Special Details: Pursuant to Chapter 321, Florida Statutes, FHP is authorized to respond to certain occurrences locally and throughout the state. Trust-funded FHP positions such as those assigned to the Florida Turnpike are authorized to respond (proportionately) as is done with the various troops. Such activities are, but not limited to:

Disaster relief.

State Mutual Aid response.

Emergency response to riots, shootings, critical events requiring a large scale and immediate law enforcement response. This would be discretionary with ranking FHP commander on duty.

The response protocol would also apply in the event of circumstances requiring and additional response from Interstate 4 resources (i.e., major crashes, road closures, hazmat incidents, etc.)

Officer court appearance.

Officer training.

B. Retraining: Personnel are assigned to retraining sessions at the FHP academy or other locations, as needed, in the same manner as other troops. The majority of FHP training is mandated by the Florida Criminal Justice Standards and Training Commission and is required to maintain officer certification.

C. Recruit Training: In the same manner as other troops.

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EXHIBIT "B"

METHOD OF COMPENSATION

FLORIDA HIGHWAY PATROL

ENHANCED ENFORCEMENT SERVICES

1.0 PURPOSE:

This Exhibit defines the limits of compensation to be made to the Vendor for the services set forth in Exhibit "A" and the method by which payments shall be made.

2.0 COMPENSATION:

For the satisfactory performance of services detailed in Exhibit "A", the Vendor shall be paid up to a Maximum Amount of $ $1,500,000.00

The Vendor shall not provide services that exceed the Fiscal Year amount(s) without an approved Amendment from the Department.

This is a term contract for an indefinite quantity whereby the Vendor agrees to furnish services during a prescribed period of time. The Department, through the Florida Highway Patrol, will authorize services based on need and availability of budget.

Payments to Vendor shall be for actual direct salaries, related costs, and overtime for time/work expended by Troopers in the performance of authorized work during the billing period.

When authorized in writing by the Department, overtime will also be paid at a rate of one and one-half of the employee’s actual rate.

Additionally, Operational Costs will be paid in the monthly lump sum amount of $28,404.58.

3.0 PROGRESS PAYMENTS:

The Vendor shall submit monthly invoices in an electronic format acceptable to the Department. The Vendor shall provide a certificate at the time of each invoice is submitted certifying that the work being invoiced for has been completed and is in accordance with all terms and conditions of the contract. The Vendor shall certify the cumulative level of effort completed by the Vendor.

Invoices shall be submitted to: Florida Department of Transportation

Project Manager, M.S. #3-562 Florida Department of Transportation 719 South Woodland Boulevard DeLand, Florida 32720-6834 RE: I-4 Corridor Incident Management Assistance for travel lanes Polk/Osceola County Line to Saxon Boulevard Volusia County

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Documents required to be submitted with the invoice include, but shall not be limited to:

• Timesheets for each Trooper

• Monthly Work Schedule for all Troopers assigned to the contract to include title and patrol area assigned

• Payroll Register sheets to support the monthly payment for each Trooper with a summary cover page and Monthly report of citations issued as required by paragraph III in Exhibit A”

4.0 TANGIBLE PERSONAL PROPERTY:

This contract does not involve the purchase of Tangible Personal Property, as defined in Chapter 273, F.S.

5.0 PROJECT CLOSEOUT

If requested, the Vendor will permit the Department to perform, or have performed, an audit of the records of the Vendor and any or all subvendors to support the compensation paid the Vendor. The audit will be performed as soon as practical after completion and acceptance of the contracted services. In the event funds paid to the Vendor under this agreement are subsequently properly disallowed by the Department because of accounting errors or changes not in conformity with this Amendment, the Vendor agrees that such disallowed amounts are due to the Department on demand. Further, the Department will have the right to deduct from any payment due the Vendor under any other contract any amount due the Department.

375-040-40

PROCUREMENT

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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

TERMS FOR FEDERAL AID CONTRACTS (APPENDIX I):

CONTRACT (Purchase Order) # BDZ69

During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the “Contractor”) agrees as follows:

A. It is understood and agreed that all rights of the Department relating to inspection, review, approval, patents, copyrights, and audit of the work, tracing, plans, specifications, maps, data, and cost records relating to this Agreement shall also be reserved and held by authorized representatives of the United States of America.

B. It is understood and agreed that, in order to permit federal participation, no supplemental agreement of any nature may be entered into by the parties hereto with regard to the work to be performed hereunder without the approval of U.S.D.O.T., anything to the contrary in this Agreement not withstanding.

C. Compliance with Regulations: The Contractor shall comply with the Regulations relative to nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation (hereinafter, “USDOT”) Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement.

D. Nondiscrimination: The Contractor, with regard to the work performed during the contract, shall not discriminate on the basis of race, color, national origin, sex, age, disability, religion or family status in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations.

E. Solicitations for Subcontractors, including Procurements of Materials and Equipment: In all solicitations made by the Contractor, either by competitive bidding or negotiation for work to be performed under a subcontract, including procurements of materials or leases of equipment; each potential subcontractor or supplier shall be notified by the Contractor of the Contractor’s obligations under this contract and the Regulations relative to nondiscrimination on the basis of race, color, national origin, sex, age, disability, religion or family status.

F. Information and Reports: The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information the Contractor shall so certify to the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the information.

G. Sanctions for Noncompliance: In the event of the Contractor’s noncompliance with the nondiscrimination provisions of this contract, the Florida Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited to:

a. withholding of payments to the Contractor under the contract until the Contractor complies, and/or

b. cancellation, termination or suspension of the contract, in whole or in part.

H. Incorporation of Provisions: The Contractor shall include the provisions of paragraphs (C) through (I) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. In the event a Contractor becomes involved in, or is threatened with, litigation with a sub-contractor or supplier as a result of such direction, the Contractor may request the Florida Department of Transportation to enter into such litigation to protect the interests of the Florida Department of Transportation, and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.

I. Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21;

The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);

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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 -- 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).

J. Interest of Members of Congress: No member of or delegate to the Congress of the United States shall be admitted to any share or part of this contract or to any benefit arising there from.

K. Interest of Public Officials: No member, officer, or employee of the public body or of a local public body during his tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. For purposes of this provision, public body shall include municipalities and other political subdivisions of States; and public corporations, boards, and commissions established under the laws of any State.

L. Participation by Disadvantaged Business Enterprises: The Contractor shall agree to abide by the following statement from 49 CFR 26.13(b). This statement shall be included in all subsequent agreements between the Contractor and any sub-Contractor or contractor.

The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate.

M. It is mutually understood and agreed that the willful falsification, distortion or misrepresentation with respect to any facts related to the project(s) described in this Agreement is a violation of the Federal Law. Accordingly, United States Code, Title 18, Section 1020, is hereby incorporated by reference and made a part of this Agreement.

N. It is understood and agreed that if the Contractor at any time learns that the certification it provided the

Department in compliance with 49 CFR, Section 26.51, was erroneous when submitted or has become erroneous by reason of changed circumstances, the Contractor shall provide immediate written notice to the Department. It is further agreed that the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" as set forth in 49 CFR, Section 29.510, shall be included by the Contractor in all lower tier covered transactions and in all aforementioned federal regulation.

O. The Department hereby certifies that neither the Contractor nor the Contractor's representative has been required by the Department, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract, to

1. employ or retain, or agree to employ or retain, any firm or person, or

2. pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind;

The Department further acknowledges that this agreement will be furnished to a federal agency, in connection with this contract involving participation of Federal-Aid funds, and is subject to applicable State and Federal Laws, both criminal and civil.

P. The Contractor hereby certifies that it has not:

1. employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above contractor) to solicit or secure this contract;

2. agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this contract; or

3. paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above contractor) any fee contribution, donation, or consideration of any kind for, or in

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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

connection with, procuring or carrying out the contract.

The Contractor further acknowledges that this agreement will be furnished to the State of Florida Department of Transportation and a federal agency in connection with this contract involving participation of Federal-Aid funds, and is subject to applicable State and Federal Laws, both criminal and civil.

Q. Federal-aid projects for highway construction shall comply with the Buy America provisions of 23 CFR 635.410, as amended.

R. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of federally assisted construction contract” in 41 CFR Part 60-1.3 shall comply with the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”