The URL can be used to link to this page

Home My WebLink AboutResolution - 2967 - Contract - SPAG - Regional Crime Prevention Program - 12/08/1988DWM:dw RESOLUTION Resolution #2967 December 8, 1988 Item #22 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor'of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract between the City and South Plains Association of Governments for the continuation of the Regional Crime Prevention Program, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 8th day of December ATTEST: ty Secretary APPROVED AS TO CONTENT: Thomas J. Nichols, Chief of Police APPROVED AS TO FORM: DenniscGill, Assistant Civil Trial Attorney 1988. By: Mayor Pro Tem for C. McMINN, MAYOR South Plains Association of Governments 1323 58th St. • P.O. Box 3730 Freedom Station • Lubbock, Texas 79452 • 806/762-8721 • TELEX 170449 George W. Carpenter Jerry D. Casstevens PRESIDENT EXECUTIVE DIRECTOR November 9, 1988 Tom Nichols, Chief Lubbock Police Department P.O. Box 2000 Lubbock, Texas 79457 Dear Tom: Enclosed for City of Lubbock approval and signature is the agreement between SPAG and the City to continue the Regional Crime Prevention Program. The agreement is unchanged. Please return one copy of the agreement when all of the appropriate signatures have been obtained. The Lubbock Police Department officers can be attributed with the success of this program which during 1988 reached 4,048 persons living in 54 different South Plains communities through 73 programs. Also every local law enforce- ment agency has been contacted about the availability of programs and provided with crime prevention materials. SPAG and its member cities and counties appreciate Lubbock Police Department's interest in preventing crime throughout the region and the efforts of your officers. We look forward to the continuation of the program during 1989. Since ly, Ka en A. King Director. of Regional Services KAK/dc enclosure Resolution #2967 AGREEMENT BETWEEN SOUTH PLAINS ASSOCIATION OF GOVERNMENTS AND THE CITY OF LUBBOCK STATE OF TEXAS - § COUNTY OF LUBBOCK § 1. This agreement is made and entered into by and between South Plains Asso- ciation of Governments,' acting a GRANTEE AGENCY, and the City of Lubbock, acting as SERVICE PROVIDER, in aid of Criminal Justice Division grant number SF 89-A01-2125, titled: Regional Crime Prevention Program/1 , attached hereto as Exhibit A. 2. South Plains Association of Governments, as the GRANTEE AGENCY, shall be responsible for the administration of the regional crime prevention program and the coordination of crime prevention programs. The City of Lubbock, as the SERVICE PROVIDER, shall act as the sponsoring agency, providing vehicles and video equipment to be used by the officers in presenting crime prevention programs in the 15 county SPAG region. 3. The GRANTEE AGENCY is responsible for closely monitoring the SERVICE PRO- VIDER and the exercise of reasonable care to enforce all terms and conditions of the grant. 4. Requirements of the Uniform Grant and Contract Management Standards (UGCMS) :;r' promulgated pursuant Texas Civil Statutes to Article 4413 (32g) are adopted by reference as part of this contract, including the contract provision as in Attachment 0, item 14, of the above standards. The GRANTEE AGENCY shall keep all project records. Records shall be preserved for three (3) years for inspection by CJD, or any state or federal agency authorized to inspect the same. 5. The SERVICE PROVIDER shall furnish the services, facilities, equipment, material, etc., as cited in item 2 above. 6. Payment for the above shall be made as follows: A. The GRANTEE AGENCY shall reimburse the SERVICE PROVIDER for vehicle usage by police officers for crime prevention activities allowable under the grant on a quarterly basis at 224 per mile. B. Police Officers .or other police department personnel shall be independent contractors of the GRANTEE AGENCY and paid directly by the GRANTEE AGENCY. Only police officers or personnel from the City of Lubbock Police Department shall be employed and used in this Regional Crime Prevention Program/l. 7. Billing for the above shall be provided the same as would be provided to insti- tutional purchasers in the absence of a grant and shall consist of a brief state- ment of the service or other item provided and the basis for the billing rate. 14: . 8. In the event of a default of the SERVICE PROVIDER, the GRANTEE AGENCY may cancel or suspend the contract and the SERVICE PROVIDER shall be en- titled to recover for all services provided or materials delivered prior to the CANCELLATION DATE (or unused materials may be returned) or shall repay any funds advanced for services not yet rendered. 9. All licenses, legal certifications, or inspections required for the services, facilities, equipment, or materials, and all applicable state and federal laws and local ordinances shall be complied with by the SERVICE PROVIDER. Failure to comply with this requirement shall be treated as a default. 10. This contract shall be come effective October 1, 1988, and automatically terminate on the grant expiration date or any extension thereof granted by CJD. All services billed hereunder must be rendered within the grant period. EXECUTED this - Ath_ day of December 1988. SOUTH PLAINS ASSOCIATION OF GOVERNMENTS Name of GRANTEE AGENCY BY: Jerry D .. Cas evens, Executive Director CITY OF LUBBOCK Name of SERVICE PROVIDER By: Ma or Pro Tem forW.C. "Peck" McMinn ATTEST: C- Ran tte Boyd, Cit cretary APPROVED AS TO CONTENT: Tom Nichols, Chief of Police APPROVED AS TO FORM: c Denn i, ' G i- . , Asst. ity Attorne, STATE OF TEXAS OFFICE OF THE GOVERNOR AUSTIN, TEXAS 76711 WILLIAM P. CLEMENTS, JR. SEP 3 0 1988 GOVERNOR Mr. Jerry D. Casstevens Executive Director South Plains Association of Governments Post Office Box 3730, Freedom Station Lubbock, Texas 79452 Dear Mr. Casstevens: It is my pleasure to inform you that your grant has been approved to implement and improve services to your community. The grant entitled "Regional Crime Prevention Program" is in the amount of $20,160. This grant award must be accepted within 30 days of the award date by the execution and return of the enclosed Grantee Acceptance Notice in the pre -addressed envelope provided. Copies of the packet, along with technical information and administrative requirements, are being sent separately to the project director and financial officer, designated in your grant application. Please call the Criminal Justice Division at (512) 463-1919 if you have any questions concerning the administration of this grant. We stand ready at all times to do everything we can to help you make your program a successful one. Sincerely, William P. Clements, Governor Enclosures CC: Ms. Karen A. King Ms. Patti K. Flanagan Mr. Rider Scott Executive Director Criminal Justice Division APPLI- FEDERAL ASSISTANCE, 2 CANT'S a.NUMBER - APPLI- t TYPE CATION OF ❑ NOTICE OF INTENT (OPTIONAL) 'DE"TI- SUBMISSIONFIER b. DATE !Mork op ❑ PREAPPLICATION Year month day box)nriate ❑ APPLICATION 19 3 STATE A. NUMBER APPLI- CATION IDENTI- FIER NOTE TO BE b. DATE ASSIONCD ASSIGNED BY STATE Leo w _ Blank 4 LEGAL APPLICANT/RECIPIENT •. APplcanl Name South Plains Association of Governments b Organization Unit, Regional Planning Counci1 C Street/Po Bo. P.O. Box 3730 Freedom Station jd city Lubbock A.Coun �t State ry Lubbock Texas g. ZIP Code. 79452 h Contact Person (Name Karen A. King d %elephonr No J 806 62-0 21 7 TITLE OF APPLICANT'S PROJECT (USO section IV of IMS form to provide a summary description of the n Project.) Lu Regional Coordination of Criminal Justice Programs for W the development of an annual regional criminal justice plan and for technical assistance to CJD grantees and S applicants for CJ funds. Jf•— $ 9 AREA OF PROJECT IMPACT (Name, o/trues. torrnues. stater, ett.l 10. ESTIMATED NUMBER 1 t TYPE OF ASSISTANCE OF PERSONS BENEFITING i t r G"^' D—tt.re4 0 State Planning Region 2 A:11640.nrnlst Grant E -.pots, 6 Liable __ _ 393,895 ` 12_ PROPOSED FUNDING 13. CONGRESSIONAL DISTRICTS OF: a FEDERAL _ ISA. APPLICANT b. PROJECT — - - — Senate 28,30,31 b APPLICANT _ House 77.78.82 85 same C STATE 20 L160 o0 15 PROJECT START 16. PROJECT d LOCAL .00 GATE Year month dor DURATION e OTHER 001 19 _$8 10 .IS DATE DUE TO Year month day ,t_ _Total ; S 20,160 W. FEDERAL AGENCY r 19 19. FEDERAL AGENCY TO RECEIVE REOUEST Governor's Office r ORGANIZATIONAL UNIT (IF APPROPRIATE) b. ADMINISTRATIVE fY1A1TArT NIC let OMB Approval No, 0348-00 Year month day 19 5. EMPLOYER IDENTIFICATION NUMBER (EIN) 6 PRO. A. NUMBER GRAM (From CFDA) 181 91' I G 1 011 MULTIPLE ❑ C A �,t p7RtESSmtnal .tuaLlGe UIVISIOn 4 P.O. Box 12428 Capitol Station, Austin, Texas 14 TYPE OF APPLICATION A -1410.r G—lel—son A—rtann.al 0--Urayeew Enterroro ]rare Mrrerlsl E–Aupnrmauon Enter ep/noynrtr leetr. a 17 TYPE OF CHANGE IFnr ter w rte) A—ft,"" D�en`ti-a F-4rw Isprrtfyl. A-000"" 00kie" C—MrHNN Duration 0 -060va" GratO E–cance"Lon 6122 To the best of my knowledge and belief, A. YES. THIS NOTICE OF INTENT/PREAPPLICATION/APPLICATION WAS Mr I THE data m this preappltcation/application EXECUTIyyE OqRDW 12372 PROCESS FOR REVIEW ON! APPLICANT are true and correct, the document has DATE _ i-21 —lig g CERTIFIES been duly Authorized by the governing THAT► body of the applicant And the applicant will comply with the attachedassursnces b NO, PROGRAM IS NOT COVERED BY E O 12372 ❑ -- if the assistance is approved. OR PROGRAM HAS NOT BEEN SELEC €0 BY STATE FOR REVIEW ❑ 6 23 a. TYPED NAME AND TITLE b IGNATURE CERTIFYING r REPRE. Jerry D. Casstevens, Executive Director ; SENTATIVE_ b. TITLE Reg i Ona l Coord i nat of Criminal Justice Prc B. TYPE OF APPLICANT/ RECIPIENT _ RECEIVED 19 A—Seals Mtnwuaea G—Satwat Nape" OoVtct 27 ACTION TAKEN C—srtauu H—comnrMer Acton ApelrKy 1—rapw Esuuttrneal Ylsbkxw Ua AWARDED29. dpanraton J–than Tnpa b REJECTED Eo—�O1Ah .—paw /sped y). 0 c RETURNED FOR F—SeMW DtVel S 00 31. CONTACT FOR ADDITIONAL INFORMA• AMENDMENT Enter appropriate letter Ud C A �,t p7RtESSmtnal .tuaLlGe UIVISIOn 4 P.O. Box 12428 Capitol Station, Austin, Texas 14 TYPE OF APPLICATION A -1410.r G—lel—son A—rtann.al 0--Urayeew Enterroro ]rare Mrrerlsl E–Aupnrmauon Enter ep/noynrtr leetr. a 17 TYPE OF CHANGE IFnr ter w rte) A—ft,"" D�en`ti-a F-4rw Isprrtfyl. A-000"" 00kie" C—MrHNN Duration 0 -060va" GratO E–cance"Lon 6122 To the best of my knowledge and belief, A. YES. THIS NOTICE OF INTENT/PREAPPLICATION/APPLICATION WAS Mr I THE data m this preappltcation/application EXECUTIyyE OqRDW 12372 PROCESS FOR REVIEW ON! APPLICANT are true and correct, the document has DATE _ i-21 —lig g CERTIFIES been duly Authorized by the governing THAT► body of the applicant And the applicant will comply with the attachedassursnces b NO, PROGRAM IS NOT COVERED BY E O 12372 ❑ -- if the assistance is approved. OR PROGRAM HAS NOT BEEN SELEC €0 BY STATE FOR REVIEW ❑ 6 23 a. TYPED NAME AND TITLE b IGNATURE CERTIFYING r REPRE. Jerry D. Casstevens, Executive Director ; SENTATIVE_ 24 APPLICA• I'rar T ON — monrA dai , J ,� 25 FEDERAL APPLICATION IDENTIFICATI N NU BER 2 DERAL GRANT _ RECEIVED 19 27 ACTION TAKEN FUNDING Ua AWARDED29. )'tor month day b REJECTED ACTICI 0 c RETURNED FOR S 00 31. CONTACT FOR ADDITIONAL INFORMA• AMENDMENT lA'ome and telephone;3 d RETURNED FOR NAPPLICANT 00TION EO 12372 SUBMISSION 00BY APPLICANT TO STATE •000 a DEFERRED 00OI WITHDRAWN S r1n Enter eppro• petite sever/tl � 20. EXISTING FEDERAL GRANT IDENTIFICATION NU►4BER SF-88-GO1-1 21. REMARKS ADDED ST Ju. Yrar mrnrh dote STARTING DATE 19 3? Year month dole ENDING DATE 19 33. REMARKS ADDED ❑ Yes ❑ No ISN 7540-01-008-8162 1 'REVIOUS EDITION (' IT1_1 STANDARD FORM 424 NAGE t (ROY. 4-64) CJD—1 rr AAA•ff�Rr' t tn1 CJD -6 t I _ M Ln M O O : In cn w N I N Ln M O O 1 • r N � N 0 L I II •_ Y I t • • s 1 N N I • 1 I a I W 1 3Eck: mi I U. I I t • � N N N uj W O ~ W I 1 O p rl 7 1 m t O _= 1* W F H M H at W i yl d I M In r M n I p N cn ( to N C1 i to Q) CO I C i N v Y Ly IM N Y X = % N YC,O s d /- W O V S /••' F Q d •V •'f � H �p � d V O Y Y i L � CJD -6 CJD -8 J • S 0RDu • N � M N N M O N I W CL V a I w M I � ~ LL r =1 o N Quj: o M M y N Z 9L • .t o m V ►SIO i ILL UJ w I' w I c r N M Q M M w M N Z + t H w w N Z - + Q U V- ec m N N O ui t Z z a U. U. o O O Z- u I I w L) - ✓w+ vw+ I < W _i rN w I e. i j i C9 l • I I I o e coL O N M u I w u D LL 00 • z s + 40q. I 0 ~ U u w • i V < _ • Y t J V O ;I O C S • .i CJD -8 Suggested Format Other Budqet Information Part Governor's Criminal Justice Division Section Line BUDGET NARRATIVE Begin below and add as many continuation pages following each schedule (Al, B), etc.) as mi be needed to explain each item of the project hudget. Narrative should include explanation the hasis for arrivinq at the cost of each item including Grantee Local Cash Contribution item All amounts should be shown in whole dollars. SCHEDULE A PERSONNM- 1. Direct Salaries % OF TIME TO THIS J TITLE OR POSITION I PROJECT2 REQUEST CONTRIBUTION TOTALS (A) Director of Regional Services 10% $ 2,543 $ $ 2,543 (B) $ $ $ (C) $ $ $ (D) $ $ $ (E) $ $ $ (r-) $ $ $ (G) $ $ $ (H) $ $ $ TOTAL DIRECT SALARIES $ 2,543 $ $ 2,543 2. Fringe Benefits % or $ Rate FICA @ $ S S RETIREMENT @ $ $ S INSURANCE - @ S $ S OTHER (EXPLAIN) @ $ S $ TOT�;L FRINIGE BENEFITS 36 % S 915 S $ 915 TOTAL PERSON NEL'BUDGET $ 3,458 S S 3,458 1. Include only one position per line. Briefly describe the duties or responsibilities of each position. 2. Express as a percent of total time (2080 hrs. per year). 3. Should reflect employee's gross salary attributable to the project. CJD -10 SCHEDULE A Budget Narrative Administrative responsibilities of Regional Services Director: 1. Prepare and submit grant application. 2. Execute contracts with crime prevention officers and the cities of Lubbock and Plainview. 3. Contact and announce availability of programs to local government, law enforcement agencies, schools, civil groups, senior citizen -centers. 4. Coordinate program activities of crime prevention officers. 5. Maintain and submit travel records for mileage reimbursement and officer timesheets for payment. 6. Prepare and submit quarterly reports to the Criminal Justice Division. Suggested Format Other Budget Information PartSection Governor's Criminal Justice Division Line SCHEDULE B PROFESSIONAL AND CONTRACTUAL SERVICES DESCRIPTION OF SERVICE CJ REQUEST LOCAL CASH CONTRIBUTION TOTAL (A) Officer Salary $ 7,014 $ $ 7,104 (B) Officer Travel $ 2,640 $ $ 2,640 (C) $ $ $ (D) $ $ $ (E) $ $ $ (F) $ $ $ (G) $ $ $ (H) $ $ $ TOTAL PROFESSIONAL AND CONTRACTUAL SERVICES BUDGET, $ 9,654 S $ 9,654 REQUIRED NARRATIVE: Briefly describe any anticipated contractual arrangement and wort products expected. Describe the basis for arriving at the cost o each line item. NOTE: Grant Applications in which the proposed program will be operated by a third party, under contract from the grantee, should attach with this schedule sufficient budgetary information on the contractor to disclose the sources .and amounts of all revenue. REFER -TO INSTRUCTIONS FOR COMPLETION OF CJD -11 IN APPLICATION KIT (A) Officer Salary - SPAG will continue to contract individually with trained officers to present programs in the region. Officers will be paid the base rate of $11.69 per hour for off duty time with no fringe benefit. It is anticipated, based upon previous years, that the officers will work 600 hours and be paid a total of $7,014. (B) Officer Travel - Travel at .224 per mile is the approved rate for Lubbock (120 presentations x 100miles per round trip X .224 = $2,640) . This travel reimbursement is payable to the city for travel outside the officers' normal work area. CJD -11 TRAVEL 1. Local Travel POSITION/TITLE Suggested Format Other Budget Information Governor's Criminal Justice Division SCHEDULE C MILES TRAVELED $ CJ LOCAL CASH ANNUALLY RATE REQUEST CONTRIBUTION Part III Section F Line 21 TOTA L (A) Crime Prevention Officer 12,000 .22 $ 2,640 $ $ 2,640 (B) $ $ $ (C) $ $ $ (D) $ $ $ (E) $ S $ (F) $ $ $ (G) $ $ $ (H) $ $ $ LOCAL TRAVEL TOTAL $ 2,640 $ $ 2,640 2. In -State Travel (Specify Clearly) PURPOSE DESTINATION S S S S S S S S S S S S IN-STATE TRAVEL TOTAL $ $ $ 3. Out -of -State Travel (Specify Clearly) S $ $ S S S OUT-OF-STATE TRAVEL TOTAL S $ $ TOTAL TRA EL BUDGET S. 2,640 S $ 2,640 NOTE: If personaL'y owned vehicles are to be used, transportation costs should be shov;n on Schedule C; if agency or leased vehicles are to be used, the vehicle opera tion/r.ain- to nance costs should be shown on Schedule F, "Supplies and Direct Operating Expense." REQUIRED NARRATIVE: Briefly describe the applicant's travel policy (i.e., mileage rates and per diem rates). Specify purposes for each item of travel. Break out costs of each in-state and each out -of --state trip to separately show the specific costs of transportation and of per diem. CJD -12 •k Suggested Format Part III Other Budget Information Section F Governor's Criminal Justice Division Line 21 SCHEDULE F SUPPLIES & DIRECT OPERATING EXPENSE DIRECTLY CHARGED SUPPLIES CJ LOCAL CASH & OTHER OPERATING COSTS REQUEST CONTRIBUTION TOTAL (A) Telephone $ 300 $ $ 300 (B) Miscellaneous supplies '(C) Reproduction $ $ 191 450 $ $ $ 191 $ 450 (n) Stickers/ Brochures $ 3,500 $ $3,500 (E) Postage S 350 $ $ 350 (F) Office Utilities $ 350 $ $ 350 (G) $ $ $ (H) (I) $ $ $ $ $ $ M $ $ S TOTAL SUPPLIES & DIRECT OPERATING EXPENSE BUDGET $ 5,141 $ $ 5,141 REQUIRED NARRATIVE: Describe the basis for arriving at the cost of each line item. INDIRECT COS T S SCHEDULE G CJ LOCAL CASH REQUEST CONTRIBUTION TOTAL (A) Indirect Costs Per Approved Cost Allocation Plan . $ 1,907 $ S 1,907 (B) irdi-ect Costs Per CJD Computation Table $ $XXXXXXXXX $ NOTE: Indirect costs are authorized in an amount not to exceed the computation table in Ap- pendix B, 1987 Criminal Justice Plan for Teras, or as authorized per the applicant's cost allocation plan. REQUIRED NARRATIVE: If method (A) is used, specify the rate and attach a copy of the docu- ment by which the current cost allocation plan was approved. CJD -14 I. Objectives and Need for this Assistance. Crime statistics continued to indicate that Lubbock has a high crime rate, in fact one of the highest in the state. Lubbock is the hub of the South Plains region and the fourteen counties surrounding the hub are affected by Lubbock's high crime rate. Crime prevention and citizen involvement are the best proven ways to decrease that rate. The objective of this program is to educate the general public to be aware of their surroundings, to secure their homes, and to be observant for neighbors; all of which lead to a decrease in criminal activity. 11. Results and Benefits Expected. Through an organized crime prevention program covering every county and city on the South Plains, it is expected that the crime rate will ultimately be reduced. The Regional Crime Prevention Program will continue to present crime prevention training and public education programs at schools, civic clubs, banks, and businesses, as well as offer security checks for homes and businesses. The requests for these programs have increased with each grant year. 111. Approach. a. SPAG will continue to contract with the trained crime prevention officers of the City of Lubbock Police Department to provide programs in the region on off duty time. These officers have established contacts throughout the region and will continue current activities, contacting civic groups, businesses, schools to schedule and offer programs. b. Refer to Project Goal Achievements, page CJD 16. c. n/a d. Independent School Districts Lions, Rotary, FFA, and other civic groups Sheriff Offices and Police Departments Banks and businesses Senior Citizen Centers IV. Geographic location. State planning region 2 including Bailey, Cochran, Dickens, Floyd, Garza, Hale, Hockley, King, Lamb, Lubbock, Lynn, Motley, Terry, and Yoakum counties. V. n/a cx%.wu zoo Azrua-i:/rAuozuT DUAL AC hSIVEMENI'S 1. Grantee Name: Grant No: South Plains Association of Governments 2. Project Title: Regional Crime Prevention Program 4. Report Time Period initial to Column 1 Column 2 Column 3 Column 4 Annual. Updated Projected Actual Number Number at Number at Number at at Project Project Start Project Semi -Annual Start (Actual) Completion or Final (Est.) Report (Circle one) 1- Number of crime prevention staff members 3 3 2. Number of hours of crime prevention training received by crime prevention staff. 40 0 _F I 3. ivumDer or training programs in which regional crime prevention staff members _ nn�mr�cr n"r �MQT M..Lf AM .....n�....a �..... ..�� .r _�..�_ �.--"---�--._ • . . _ ._ persons in citizen involvement programs.y 223 225 Number of Dublic education nrnaramc in which rcrar%nml cr members n_rvmtPrl _ F_.70 50 - - __ II . I 6. Number or inaiviauai agencies involved in regional or local crime prevention nroarams that wnrP accictcrl 44 20 7. Number of pieces of crimeprevention literature distributed. 0 10,000 8. Number of neighborhood watch programs organized. 0 10 Project Director Revised 2/88 (806) 762-8721 Phone Number CJD -16-a Date Submitted PROCUREMENT STANDARDS.. 1. Applicability ATTACHMENT 0 Circular No. A-102 a. This Attacnment establishes standards and guidelines for the procurement of supplies, equipment, construction and services for Federal assistance programs. These standards are furnished to ensure that such materials and services are obtained efficiently and economically and in compliance with the provisions of applicable Federal law and executive orders. b. No additional procurement requirements or subordinate regulations shall be imposed upon grantees by executiveagencies unless specifically required by Federal law or executive orders or authorized by the Administrator for Federal' Procurement Policy. This prohibition is not applicable to payment conditions issued in accordance with -Treasury Circular- 1075, individual grantee requirements pursuant to Section 10 of the basic circular or the provisions of this or other OMB circulars. C. Provisions of. current subordinate requirments not conforming to this Attachment shall `be rescinded by grantor agencies unless..approved by the. Office of Federal�'Procurement Policy (OFPP). 2. Grantee/Grantor Responsibility a. These standards do not relieve the grantee of any contractual responsibilities under its contracts. The grantee`is responsible, in accordance with good administrative practice and sound business judgment,.for the settlement :of all! contractual and administrative issues -arising out of procurements entered'in support of a grant. These -'include but are not limited -to source evaluation, protests, .disputes; and -claims. Ekiecutdve agencies shall not substitute their judgment for that of =the -grantee unless the matter is primarily a Federal concern. Violations of law are to be referred to the local, State, or'rederai authority having proper jurisdiction. b. Grantees shall use their own procurement procedures which reflect applicable. State.and hocal laws and regulations, provided that procurementai.'for ::Federal' Assistance Programs (No.: A-102). 2 conform to the standards set forth in this. Attachment and applicable Federal law. 3. Grantee Procurement Improvement Executiveagencies awarding. Federal ,'grants or other assistance which `requi.re or -allow for -`.'procurement by the recipients are encouraged to assist recipients in..'improving their procurement capabilities by prowidng ::them with technical' assistance.training,publications, and other aid.- 4. Procuremenr System Reviews a Executive agencies are.encouraged to.perform reviews of their grantees' procurement systems"i.f a continuing relationship with the grantee isanticipated or a substantial amount of the Federal assistance is to be used for -procurement .and review of individual contracts is anticipated.. The purpose of the review shall be to determine: (1) whether a grantee's procurement system meets the standards prescribed by this' -Attachment or other criteria acceptable to the OFPP , such provisions of the Model Procurement Code for'State and iocal.government; and (2) whether the grantee's procurement system should be certified by the reviewing agency. Such a review will also give an` agency an, opportunity to give.technical.assistance to a grantee to remedy its procurement system if it does not fully comply. In addition, such a review may provide a basis for deciding whether the grantee's 'contracts and related procurement documents should be subject to the grantor's prior approval, as provided by Section b. In conducting procurement system review, grantor agencies will evaluate a grantee's procurement s.ystem'in terms of whether it complies with the standards. prescribed by' this Attachment and represepts a fair, efficient and effective procurement system. ' To the -maximum extent feasible,,reviewers will rely 4pon State,or local. evaluati:ons.and analyses, performed by agencies or organizations independent. of the grantee contracting activity. C. When a Federal grantor agency completes a procurement review,, it shall furnish a report to..the grantee, with a copy'to OFPP. d. All agencies should normally rely upon the resultant findings or certification for a period of 24 months before another review is performed. (No. A-102) 3 e. Reviews shall be conducted in accordance with standards and guidelines approved or issued by OFPP. f. The reviews authorized by Section 6 are waived if a grantee's procurement system is certified. 5. Protest Procedures a. Grantor agencies may develop an administrative procedure to handle complaints or protests regarding grantee contractor selection actions. The procedure shall be limited as follows: a.: No protest shall be accepted by the grantor agency until all administrative remedies at the grantee level have been exhausted. b. Review is limited to: (i) Violations of Feder&1 law or regulations. Violations of State or local law shall be under the jurisdiction of State or local authorities. (ii) violations of grantee's protest procedures or failure to review.a complaint or protest. 6. Grantor Review of Proposed Contracts Federal grantor pre -award review and approval of the grantee's proposed contracts and related procurement documents, such as requests for :proposal and invitations for bids, is permitted only under the following circumstances: a. The procurement is expected to exceed $10,000 and is to be awarded without competition or only one bid or offer is received in response to solicitation.. b. The procurement expected to exceed $10,000 specifies a "brand name" product; or C. The grantee's .procurement procedures or operation fails to comply with one or more significant .aspects of this Attachment. The grantor agency shall. notify the grantee in writing, with a copy of such notification to -the OFPP. 7. Code of Conduct (No. A-102) 4 Grantees shall maintain a written code or standards of conduct which shall govern ' the performance of their officers, employees or agents engaged,in the award and administration of contracts supported by Federal funds No employee, officer or agent -of the grantee shall participate in selection, or in 'the award or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise When: a. The employee,',officer or agent; b. Any member of his immediate family; C. His or her partner; or d. An organization which employs, or is about to employ, any of the above, has a financial or other interest in the firm selected for award. The grantee's officers, employees or agents shall neither solicit nor accept gratuities, favors or anything of monetary .value from contractors, potential contractors, or parties to subagreements. Grantees may set minimum rules where the financial interest is not substantial or the gift is an unsolicited item of nominal intrinsic value. To the extent permitted by State or local law or regulations, such standards'of conduct shall provide for penalties, sanctions, or other disciplinary actions for violations of such standards by the grantee's officers, employees, or agents, or by contractors or their agents. 8. Procurement Procedures The grantee shall estabii.sh procurement procedure's which provide that proposed procurement actions shall be reviewed by grantee officials to avoid the -purchase, of unnecessary or duplicative items. Considerationshould be given. to consolidation or breaking out to. obtain a more economical purchase. Where appropriate, an analysis shall -be made of -lease versus purchase alternatives, and any other appropriate' analysis 'to determine which approach would be the most economical. To foster greater economy and efficiency, grantees are encouraged to enter into State and local intergovernmental agreements for procurement or Use of common goods and services. (No. A-102) 5 9. Contracting with Small and Minority Firms, Women's Business Enterprise and Labor Surplus Area Firms a.. It is national policy to award a fair share of contracts to small and minority business firms. Accordingly, affirmative steps must be taken'to assure that small and minority businesses are utilized when possible as sources of suppliers, equipment, construction and services. Affirmative steps shall include the following: (1) Including qualified small and minority businesses on solicitation lists. (2) Assuring that small and minority businesses are solicited whenever they are potential sources. (3) When economically feasible, dividing total requirements into smaller tasks or quantities so as to permit maximum small and minority business participation. (4) Where the requirement permits, establishing delivery schedules which will encourage participation by small and minority business. (5) Using the services and assistance of the Small Business Administration, the Office of Minority Business Enterprise of the the Department of Commerce and the Community Services Administration as required. (6) If any subcontracts are to be let, requiring the prime contractor to take the affirmative steps in 1 through 5 above. b. Grantees shall take similar appropriate affirmative action in support of women's business enterprises. C. Grantees are encouraged to procure goods and services from labor surplus areas. d. Grantor`agencies.may impose additional regulations and requirements in the foregoing areas only to the extent specifically mandated :by statute or presidential direction. 10. Selection Procedures a. All procurement transactions, regardless of whether by sealed bids or by negotiation and without regard to dollar value, shall be conducted in a manner that provides maximum open and (N- A-102) 6 free competition consistent with this Attachment. Procurement procedures shall not restrict or eliminate competition. Example' of what is considered to be restrictive of competition include, but are not limited to: (1) placing unreasonable requirements on firms. in order for them to qualify to do business; (2) noncompetitive practices between firms; (3) organizational conflicts of interest; and (4) unnecessary experience and bonding requirments. b. The grantee shall have written selection procedures which shall provide, as a minimum, the following procedural requirements: (1) Solicitations of offers, whether by. competitive sealed bids or competitive negotiation shall: (a) Incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured. Such description. shall not, in competitive procurements, contain features which unduly restrict competition. The description may include a statement of the qualitative nature of the material, product or service to be procured, and when necessary, shall set forth those minimum essential characteristics and standards to which it must conform if it is to satisfy its intended use. Detailed product specifications should be avoided if at'all possible. When it is impractical or uneconomical to make a clear and accurate description of the technical' requirements, a "brand name or equal" description may be used as a means to define the performance '-or other salient requirements of a procurement. The specific features of the named brand which must be met by offerors shall be clearly stated. (b) Clearly set forth all requirements which offerors must fulfill and all other factors to be used in evaluating bids or proposals. (2) Awards shall bemadeonly to responsible contractors that possess the potential ability to perform successfully under the terms and conditions of a proposed procurement'.. Consideration shall be given to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources. 11. Method Procurement (No. A-102) 7 Procurement under grants shall be made by one of the following methods, as. described herein: (a) small purchase procedures; (b) competitive sealed bids. (formal advertising); (c) coma-titive negotiation; (d) noncompetitive negotiation. a. Small purchase procedures are .those. relatively simple and informal procurement methods that are 'sound ...and appropriate for a. procurement, of services, supplies -or other property, costing in :the aggregate not more than $10,000... Grantees shall comply with State or local small purchase. dollar .limits under $10,000. If small purchase procedures are used fpr a.procurement under a grant, price or rate quotations shall be obtained from an adequate number of qualified sources. b. In competitive sealed bids `(formal advertising), sealed bids are publicly solicited and a firm -fixed-price contract (lump sum -or unit price) is awarded to the responsible bidder whose bid, conforming with all the material terms and conditions of the invitation for bids, is lowest in price. (1•) In order for formal advertising to be feasible, appropriate conditions must be present, including, as a minimum, the following: (a) A complete, adequate and' realistic specification or purchase description is'available. (b) Two or more responsible -suppliers are willing ..arid' able to compete effectively for the grantee's business. (c) The procurement i=nds itself to a firm -fixed-price contract, and selection of the successful bidder. can appropriately be made principally on the basis of price. (2) If formal advertising is used for a procurement -'under a grant the following requirements shall apply: (a) A sufficient time prior 'to.the date set for opening of bids, bids shall be solicited from an adequate number of known suppliers. In addition,. the invitation shall be publicly advertised. (b) The invitation for bids including specifications and pertinent" attachments, shall clearlr•.define the items or services. needed in order for the bidders to: properly'' respond to the invitation. (No. A-102) _1� f? (c) All bids shall be opened publicly at the time and place stated in the invitation for bids. (d) A firm -fix -price contract award shall be made by written notice to that responsible bidder whose bid, conforming to the invitation for bids, is lowest. Where specified in the bidding documents, factors such as;di,scounts, transportation costs and life cycle costs.shall be considered in determining which bid is lowest. Payment discounts may only be used to determine low bid when prior, experience of the , grantee indicates that such discounts are generally taken. (e) Any or all bids may be rejected. when there are sound documented business reasons in the best interest of the program. C. In competitive negotiation, proposals are requested from a number of sources and the Request for Proposal is publicized, negotiations are normally .conducted with more than one of the sources submitting offers, and either a fixed-price or cost -reimbursable type contract is awarded, as appropriate. Competitive negotiation, may be used, if conditions are not appropriate for the use of formal advertising. If competitive negotiation is used for a procurement under a grant, the following requirements shall apply: (l) Proposals shall be solicited from an adequate number of qualified sources to-- permit reasonablecompetitionconsistent with the nature and.requirements of the procurement. The Request for Proposal shall,be publicized and reasonable requests by other sources to compete shall be honored to the maximum extent practicable. .(2) The Request for Proposal shall identify all significant evaluation. factors, including price or._cost where required and their, relative importance. (3) The .grantee shall provide mechanisms for technical evaluation of the proposals received, determinations of responsible offerors: for the purpose, of written , or oral discussions, and selection for., contract award. (4) Award,may be made to the responsible _offeror whose propoeal,will,be most adavantageous to the procuring party, price and other factors considered. Unsuccessful offerors should be notified promptly. (No. A-102) a 9 (5) Grantees may utilize competitive negotiation procedures for procurement ' of architectural/engineering professional services, whereby competitors' qualifications are evaluated and the most qualified competitors' is selected, subject to negotiation of fair and reasonable compensation. d. Noncompetitive negotiation is procurement through solicitation of a proposal from only one source, or after soliciation of a number of sources, competition is determined inadequate. Noncompetitive negotiation may be used when the award of a contract is infeasible under small purchase, competitive bidding (formal advertising) or competitive negotiation procedures. Circumstances under which a contract may be awarded by noncompetitive negotiation are limited to the following: (1) The item is available only from a single source; (2) Public exigency or emergency when the urgency for the requirement will not permit a delay incident to competitive solicitation; (3) The Federal grantor 'agency authorizes noncompetitive negotiation; or (4) 'After soiiciation of'.a number of sources, -competition is• determined inadequate. e. Additionalinnovative procurement methods may be used by grantees with the approval of the grantor agency. A `copy of such approval shall be sent to the OFPP. 12. Contract Pricing The cost plus a percentage of cost and percentage of construction cost method of contracting shall 'not be used. Grantees shall perform some form of cost or price analysis in connection with every procurement action including contract modifications. Costs or prices based on estimated costs for contracts* under ,grants shall be allowed only to the extent that costs incurred or cost estimates included in negotiated prices are consistent with Federal cost principles. 13. Grantee Procurement Records Grantees shall maintain records -sufficient to detail the significant history of a procurement. These records shall (No. A-102) include, but are not necessarily limited to information pertinent to the followings rationale for the method of procurement, selection` of contract type, contractor selection or rejection, and the basis for the cost or price. 14. Contract Provision In addition to provisions defining a sound and complete procurement contract, any recipient of Federal grant funds shall include the following contract provisions or conditions in all procurement - contracts and subcontracts as required by the provision, Federal law or the grantor agency. a. Contracts other than small purchases shall contain provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach.contract terms, and provide for such sanctions' and penalties as may be appropriate. b. All contracts in excess of $10,000 shall contain suitable provisions for termination by the grantee including the manner by which it will be effected and the basis for settlement. In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. C. All contracts awarded in excess of $10,000 by grantees and their contractors or subgrantees shall.contain.a provision requiring compliance with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR Part 60). d. - All contracts and •subgrants for construction or repair shall include a provision for compliance with the Copeland "Anti - Kickback" Act (18`USC 874) as supplemented in Department of Labor regulations (29 CFR, Part 3). This Act provides hat each contractor or subgrantee shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up:any part of the compensation to which he is -otherwise entitled. The grantee shall.report all suspected or reported violations to the grantor agency. e. When required by the Federal grant program legislation, all construction contracts in excess of $2,.000 awarded by grantees and subgrantees. shall -include a provision for compliance (No. A-102) S 11 with the Davis -Bacon Act (40 USC 275a to a-7) as supplemented by Department of Labor regulations (29 CER, Part 5). Under this Act contractors shall be required to pay wages to laborers and mechanics at a`rate not -less than the minimum wages specified- in a wage determinationmade by the Secretary of Labor. In addition, contractors shall be required to pay wages not less often than once a week. The grantee shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and,the award of a contract shall be conditioned upon the acceptance of the wage determination. The grantee -shall report all suspected or reported violations to the grantor ;.agency,. f. Where applicable, all contracts awarded by grantees and subgrantees in excess of $2,000 for construction contracts and in excess of $2,500 for. other contracts which involve the employment of mechanics or laborers shall include a provision for compliance with Sections -103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327-330) as supplemented by Department of Labor regulations (29 CFR, Part 5). Under Section 103 of the Act, each contractor shall be required to compute the wages of every mechanic.and laborer on the basis of standard workday of 8 hours and a standard workweek of 40 hours.' Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of 8 hours in any calendar day or 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the Secretary of Labor. 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. g. The contract shall include notice of grantor agency requirements and regulations pertaining to reporting and patent rights under any contract involving research, developmental, experimental or demonstration work with respect to any discovery or invention which arises or is developed in the course of or under such contract, and of grantor agency requirements and regulations pertaining to copyrights and rights in data.. h. All negotiated contracts (except those awarded by small purchase procedures) awarded by grantees shall include a - (No. A-102) 12 provi ionto the,.effect that -the grantee, the Federal grantor agency,,, the : Comptroller General of: the Uh-ited';States, . or any of their duly authorized -representatives, shall -have access to any books,.documents,.papers,,and records of the contractor which are directly. pertinent to that specific contract,; for'the purpose of making audit, examination, excerpts, and transcriptions. Grantees, shall require contractors to maintain all required records for three years after grantees make final payments and all other pending matters are closed.-, i. Contracts, subcontracts, and subgrants of amounts in excess of $100,000 shall contain a provision which requires compliance with all applicable standards, orders, or requirements issued under Section 306 of the Clean -Air Act (42 USC 1857(h)), Section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738, and Environmental Protection Agency regulations'(40 CFR, Part 15), which prohibit the use under non-exempt Federal contracts, grants or loans of'facilities included -on the EPA List of Violating Facilities. The -provision shall require reporting of violations to the grantor agency and to the USEPA Assistant Administrator for Enforcement (EN -329). j. Contracts -shall recognize mandatory, standards, and policies relating to energy efficiency,which are contained in the State energy conservation plan issued- incompliance with the Energy Policy and Conservation Act (P.L. 94-163). Grantor agencies are permitted to require changes, remedies, changed• conditions, access and record retention and suspension of work clauses approved by the Office of Federal Procurement Policy. 15. Contract Administration Grantees shall maintain a contract administration system ensuring that contractors perform in accordance with the terms, conditions, and specifications of their ,contracts or purchase orders. (No. A-102)