Loading...
HomeMy WebLinkAboutResolution - 1457 - Grant Application - TDHPT - DWI & STEP Programs - 08/25/1983JCR:cl RESOLUTION 1457 RESOLUTION - 8/25/83 WHEREAS, the City of Lubbock believes that selective assignment of traffic enforcement personnel to those locations at those times at which traffic accidents and incidents most frequently occur provides cost- effective enforcement against traffic law violators that is most likely to result in fewer motor vehicle crashes and a reduction in the injuries and fatalities resulting from them; and WHEREAS, the City of Lubbock intends to continue selective traffic enforcement at its own expense when financial assistance from the Texas Traffic Safety Grant Program is no longer available, provided that, during the period of assistance, the enforcement program has demonstrated itself to be a cost-effective means of reducing traffic accidents or incidents, or of reducing the injuries or fatalities resulting from them and provided further that the City has available the financial resources to continue that activity. THEREFORE BE IT RESOLVED that the City of Lubbock will cooperate with the State Department of Highways and Public Transportation to continue this vital program for the benefit and the general welfare of all our citizens. BE IT FURTHER RESOLVED that the Chief of Police is hereby authorized to execute and submit a Grant Application to the State Department of Highways and Public Transportation for a 3 year STEP Grant Program for DWI enforcement within the City of Lubbock. BE IT FURTHER RESOLVED that the Mayor of the City of Lubbock is hereby authorized to execute for and on behalf of the City an Agreement between the City of Lubbock and the State Department of Highways and Public Transportation providing for and creating the STEP Grant Program which is the subject of this resolution, provided however, that said Agreement be consistent with the Grant Application. BE IT FURTHER RESOLVED that a copy of the Grant Application is attached herewith which shall be spread upon the minutes of the City Council and as spread upon the minutes of this Council shall constitute and be a part of this resolution together with all related documents executed in accordance therewith. Passed by the City Council this 25th day of August , 1983. ATTEST: velyn 9affgg, Cit ary-Treasurer APPROVED AS TO CONTENT: Thomas J. Nichols, Chief of Police APPROVED AS TO FORM: ,Q/" < - C. Ross, Jr., City Attorney F/Pow AtA'9—HE­N-R—Y,W)4YO-R An CITY OF LUBBOCK MEMO TO: Larry Cunningham, City Manager DATE: August 15, 1983 FROM: Thomas J. Nichols, Chief of Police SUBJECT: D.W.I./S.T.E.P. Grant The attached resolution is one that has to be adopted by the City Council in order for us to be eligible to apply for funding on a D.W.I./S.T.E.P. Grant. This grant application process this time is for a period of three years with the State Department of Highways and Public Transportation funding FY 83-84 for 100%. The second year SDHPT will fund 75% of the grant and the third year SDHPT will fund 50% of the grant. This grant is for an overtime grant for salary only. The resolution is for us to continue the grant after funding stops if it is cost effective and providing financial resources are available. Ken Johnson, of the Legal Department, has read and approved the wording of the resolution. The total of the grant for three years will be $218,907.88 with the State paying $159,282.16 of this amount and the City paying $59,625.72 over a three year period. Either contracting parties may cancel the grant on 30 day notice. During the contract year that we are now in, the D.W.I./S.T.E.P. has ar- rested 239 DWI's and issued 5083 traffic citations. Total DWI arrests for the Department through June 30, 1983 were up 118% over the same period of 1982. Also, the only way the State is considering contracts this fiscal year is on a three year decreasing percentage basis. Previous contracts have al- ways been for one year only. These contracts are no longer available. 1 believe part of our future funding will depend on the application for this contract and I would recommend applying. This grant would give the Police Department 3380 hours per year more pa- trol time for D.W.I. with the major portion of the contract being paid by the State. Thomas J. Nichols Chief of Police TJN/pjp � 5 CITY OF LUBBOCK MEMO TO: Larry Cunningham, City Manager DATE: August 15, 1983 FROM: Thomas J. Nichols, Chief of Police SUBJECT: D.W.I./S.T.E.P. Grant The attached resolution is one that has to be adopted by the City Council in order for us to be eligible to apply for funding on a D.W.I./S.T.E.P. Grant. This grant application process this time is for a period of three years with the State Department of Highways and Public Transportation funding FY 83-84 for 100%. The second year SDHPT will fund 75% of the grant and the third year SDHPT will fund 50% of the grant. This grant is for an overtime grant for salary only. The resolution is for us to continue the grant after funding stops if it is cost effective and providing financial resources are available. Ken Johnson, of the Legal Department, has read and approved the wording of the resolution. The total of the grant for three years will be $218,907.88 with the State paying $159,282.16 of this amount and the City paying $59,625.72 over a three year period. Either contracting parties may cancel the grant on 30 day notice. During the contract year that we are now in, the D.W.I./S.T.E.P. has ar- rested 239 DWI's and issued 5083 traffic citations. Total DWI arrests for the Department through June 30, 1983 were up 118% over the same period of 1982. Also, the only way the State is considering contracts this fiscal year is on a three year decreasing percentage basis. Previous contracts have al- ways been for one year only. These contracts are no longer available. 1 believe part of our future funding will depend on the application for this contract and I would recommend applying. This grant would give the Police Department 3380 hours per year more pa- trol time for D.W.I. with the major portion of the contract being paid by the State. Thomas J. Nichols Chief of Police TJN/pjp \1 MAINj, SUVr. gti y �1�^ Assr. D. E. - ;ow kta ,,\, . y�•. y Ur51;N 'P AP NAC; S.I(TY Vf YIJ .y }L�d I'i CONsr. .ACCT. 1983 COMMISSION STATE DEPARTMENT OF HION �,lA /i YG,�, ECTC ROBERT C. LANIER, CHAIRMAN AND PUBLIC TRANSPOR10N-,,- RRK c o'6oE ROBERT H. DEOMAN DEWITT C. GREER STATE IIIGIIW RKS JOHN R. BUTLER, JR. LITH k BRAZOS AUSTIN, TEXAS 78701 September 2, 1983 FV84 DWI Selective Traffic Enforcement Program IN REPLY REFER TO FILE NO. D-18TS " + Mr. Benny A. Alley District Engineer P.O. Box 771 Lubbock, Texas 79408 Dear Sir: We are pleased to inform you that the city of Lubbock has been selected to receive funds under the subject program for fiscal year 1984. The selection was made based on the detailed information provided by the city's Police Department,+ submitted to our office through our standard application process. ,���1, The attached contract should be forwarded to the .city as soon as possililfe),j�gU,lk'��� rE they can add a Public Information and Education Plan (Attachment 4B); designate the date they will begin enforcement operations, and obtain a signature approving the contract. When these requested actions have been completed, please return the contract to this office for further processing and Department approval. If you have'questions concerning this matter, please contact Mr. John McKay at Texas 823-8373. Sincerely yours, Henry . Thomason, Jr., Chief Engineer of Safety and Maintenance Operations JMcK: df Attachment TEXAS TRAFFIC SAFETY PROGRAM CONTRACT STATE DEPARTMENT OF WGgWA*t AND PUBLIC TRANSPORTATION TRAFFIC SAFETY SECTION' AUSTIN. TEXAS 78701 NATIONAL '1 fl R STANDARD PROJECT NAME Driving While_ Intoxicated (DWI) Selective Traffic Enforcement Project (STEP) for: Lubbock BRIEF DESCRIPTION OF PROJECT IFOR DETAILS. SEE STATEMENT OF WORK) To implement a planned Selective Traffic Enforcement Project (STEP) that will apply additional enforcement effort at those locations, time of day and days of the week against Driving While Intoxicated (DWI) violations at specific locations where either a high incidence of alcohol-related crashes occur or where the potential exists. GOALS METHOD OF EVALUATION (FOR DETAILS. SEE STATEMENT OF WORK) To reduce the occurence of accidents involving DWI violations. Administrative COST CATEGORY AMOUNT FUTURE PROPOSED PROJECT PERIOD PERSONAL SERVICES...... $62,389.00 CONTRACT SERVICES..... FROM 10/01/83 COMMODITIES ........... To 09/30/86 OTHER DIRECT COST..... . CONTRACT PERIOD :. :;,•.;X. INDIRECT COST......... ENDS PROFIT ................ 09/30/84 TOTAL $62,389.00_ TYPE OF REIMBURSEMENT ❑ LUMP SUM ❑ COST PER UNIT OF WORK COST PLUS FIXED FEE SOURCES OF FUNDS AMOUNT REIMBURSEMENT LIMITS . MAXIMUM ttSS99BEUUEUUX- REIMBURSEMENT AMOUNT �1,(GIBLE -O& oOLGMAY 2. NO COST CATEGORY CEEDED BY MORE THAN 5% OF THE CONTRACT TOTAL BUDGET 3. ONLY THOSE COSTS INCURRED DUR- FEDERAL . OP). . GTSF ........... $62.389.001 ❑ SPECIFIC RATES ING THE CONTRACT PERIOD SHALL BE ELIGIBLE FOR REIMBURSEMENT. ACTUAL COST LOCAL .......... THE CONTRACTOR MUST BEAR AL COSTS NOT ELIGIBLE FOR REIMBURSEMENT FOR OETAMS. SEE STATEMENT OF WORK TOTAL $62,389.00 • THIS CONTRACT INCLUDES 4 ATTACHMENTS: 1. STATEMENT OF WORK 2. GENERAL PROVISIONS 3. SPECIAL PROVISIONS 4.Operational Plan (A. Enforcement & B. Public Information & Education) • FEDERAL AND STATE REGULATIONS AND GUIDELINES SHALL BE THE BASIS FOR DETERMINING ELIGIBILITY OF COSTS M 18.133-1 (Replaces TSS Form A3.01 page 1 Of 3 TEXAS TRAFFIC SAFETY PROGRAM CONTRACT REPRESENTATIONS, CERTIFICATIONS, AND ACKNOWLEDGMENTS 1. EQUAL OPPORTUNITY: (check appropriate boxes) The Contractor represents that it 8 has not participated in a p previous contract or subcontract subject either to the Equal Opportunity Clause herein, the clause originally contained in Section 301 of Executive Order 1,0925, or the clause contained in Section 201 of Executive Order No., 11114; that it ® has filed all required compliance reports; and that representations has not indicating submission of required compliance reports, signed by proposed subcontractors, will be ob- tained prior to subcontract award. 11. AFFIRMATIVE ACTION PROGRAM: (check appropriate box) The Contractor represents that it: r ® hasdeveloped and has on file at each establishment affirmative action programs as required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2). has not developed or does not have on file at each establishment affirmtive action programs as re- quaed by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2). D has not previously had contracts subject to the written affirmative action program requirements of the rotes and regulations of the Secretary of Labor. Ill. CERTIFICATION OF NONSEGREGATED FACILITIES: The Contractor certifies that it does not maintain or provide for employee's facilities which are segregated on the basis of race, color, religion, sex or national origin, whether such facilities are segregated by directive or on a de facto basis. The offeror further agrees that he will not maintain such segregated facilities. 1V. CLEAN AIR ACT COMPLIANCE: For all contracts in excess of $100,000, the recipient agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970. Violations shall be reported to the Department and the Regional Office of the Environmental Protection Agency. V. PRINCIPAL PLACE OF PERFORMANCE: The location of the Contractor's plant or place of business where the item(s) will be produced or the principal services will be performed under the contract is: CITY Lubbock VI. ASSURANCE: COUNTY Iubbock STATE '.texas The Contractor hereby assures compliance with all terms, conditions and general and special provi- sions for this contract, including attachments. Fib 18.133-2 page 2 of 3 The Contractor is hereby authorized to perform work on this project during the contract period, subject to the terms and conditions of this contract and all applicable state and federal laws and regulations. STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway and Public Transporta- tion Commission: APPROVED: �-_2J =�3 BY: BY: Signa ure of PersA Authori Date Assistant Engineer -Director Date to Commit Contractor Executed and approved for the State Highway and Public Transportation Commission under authority of Commis - sion Minute 78501 and Administrative Order 29-81. Title RECOMMENDED FOR EXECUTION: Contractor Director, Finance Date Contractor Mailing Address: Chief Engineer of Safety and Date Maintenance Operations Street or P.O. Box City, State, Zip Code District Engineer Date ( 1 Area Code Phone Number District Fits 18.133-3 page 3 of 3 TEXAS TRAFFIC SAFtTY PROGRAM CONTRACT ATTACHMENT 1 STATEMENT OF WORK( m INCLUDE MILESTONE SCHEDULE AND METHOD OF EVALUATION I. Introduction 01 M-4 N71 1 SON This is a contract for conditional reimbursement of eligible program costs, not a contract for the purchase of either of goods or services. Through this contract, the Contractor agrees to carry out a program of activities according to certain requirements. In return for the Contractor's agreement to abide by those requirements, the Department agrees to reimburse the Contractor for those program costs incurred by the Contractor which are eligible for reimbursement under this agreement. II. Statement of Problem The Save City Index for alcohol-related accidents that appears in the Annual Highway Safety Plan ranks the top thirty Texas cities with respect to the severity of the problem. This Contractor is included on that list. III.Authorization This contract implements Task A of PSP 84-02-01 and addresses related problem statement in FY'84 Highway Safety Plan. IV. Objective To increase DWI arrests at the STEP sites during the project period. V. Operational Plan The Contractor's following Operational Plans, as approved by the Department, are a part of this contract: A. Enforcement Operations Plan (EOP) B. Public Information &.Education (PIKE) Operations Plan VI. Scope of Work The City of Lubbock (the Contractor) shall: A. Carry out the EOP for the STEP. B. Provide a clearly identifiable command and control structure for the STEP. C. Create and maintain an administrative and operational records system adequate to satisfy all data collection, monitoring and reporting requirements specified in the various attachments to this contract. D. Provide a minimum of 3 hours of specialized DWI detection and apprehen- sion procedural training for enforcement officers prior to activation of the EOP. SS FOAMA3T Rev 5/80 PAGE T OF - T TEXAS TRAFFIC SAFETY PROGRAM CONTRACT ATTACHMENT 1 STATEMENT OF WORK INCLUDE MILESTONE SCHEDULE AND METHOD OF EVALUA71ON E. Submit for Department approval prior to implementation, an operations plan for a local PISTE program to be active throughout the project period to inform the public of the purposes, objectives, enforcement polices and progress of the STEP. F. Provide at least 60 days of baseline data of STEP site accident and DWI arrest information prior to implementation of the EOP. VII. The Department Shall: A. Administratively evaluate this project by site visit monitoring and periodic reports review to insure contract compliance with specifics, not limited to, but including at least the following: 1. Manpower deployment, scheduling and assignment 2. Levels of enforcement and PIKE activities 3. Time and cost documentation of all expenditures 4. Project reports and reimbursement as detailed in Special Provisions. 5. Reporting dispositions of all DWI STEP arrests to include convic- tion reports and types of sanctions administered. 6. Maintenance of Contractor pre -STEP DWI enforcement activities during non -STEP hours. B. Reimburse the Contractor for all eligible costs shown below: 1. Personal Services - Wages for STEP hours worked which may include 6.70% of wages for a retirement program and Workmen's Compensation (Insurance Plan) contribution. 2. Other Direct Cost - Mileage costs associated with STEP site -.opera- tions at local mileage rate, not to exceed State rate of $.23/mile. 3. Commodities - Correspondence materials and postage (in support of PIKE activities only) C. Provide limited technical assistance as required by the Contractor to carry out the provisions of this contract. VIII. Performance Measures - Numbers Of: A. Enforcement manhours worked PAGE I OF - T TEXAS TRAFFIC SAFETY PROGRAM CONTRACT ` ATTACHMENT 1 STATEMENT OF WORK( m/ m m a Q INCLUDE MILES70NE SCHEDULE AND METHOD Or EVALUATION B. Citations issued (Hazardous Moving Violations and other) C. DWI arrests made D. Arrests resulting in convictions E. Miles Driven F. Public Information hours worked G. Media contacts made (minimum of one major news release per month during the project period. IX. Milestones A. Implement approved Enforcement Operations Plan by (date) B. Implement approved Public Information & Education Plan by November 15, 1983. C. Submit 60 days'(total) of actual pre -STEP site data (DWI citations and accidents) by November 30, 1983. D. Sumbit Quarterly Reimbursement claims and Quarterly Activity Report by February 15, 1984; May 15, 1984; August 15, 1984 and November 15, 1984. PAGE t OF - ATTACHMENT 2 STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION GENERAL PROVISIONS FOR TEXAS TRAFFIC SAFETY PROGRAM CONTRACTS I. DEFINITIONS: A. Commission: The State Highway and Public Transportation Commission of Texas. B. Contract Manager: The representative of the Department immediately responsible for liaison between the Department and the Contractor, and for supervision and inspection of the work or activity conducted under this contract and of the materials used. C. Contractor: -The State agency, political subdivision, corporation, firm or. individual entering into agreement within the State or the Department under this contract, or any subcontractor of such an entity. D. Department: The State Department of Highways and Public Transportation. E. Effective Date: Unless otherwise specified, the effective date of a contract or contract modification is the date of signature of the last party whose consent is necessary to the validity of the contract or modification. F. Engineee: The State Engineer -Director of the Department, or his authorized representative. G. Project Director: The representative of the Contractor immediately . responsible for liaison between the'Department and the Contractor. H. State: State of Texas. I. Subcontract: Any agreement between the Contractor and a third party, assigning to that third party any of the obligations for personal and professional services undertaken by the Contractor under this contract. The term excludes contracts for the purchase of goods only; or for general employment, whether full-time, part-time or intermit- tent. The third party subcontractor may be an individual or an organization, including a corporation, a partnership, a proprietorship, a joint venture or a co -venture. J. U.S. DOT: The United States Department of Transportation, acting through either the Federal Highway Administration or the National Highway Traffic Safety Administration, as may be appropriate. (Revised 1/82) 1 of 14 Ii. CHANGES: A. Significant changes in the scope, character, or complexity of the work may be enacted by Contract Change Notice (CCN), when necessary, if there is mutual assent *between the Contractor and the Department. Such modification must be approved by both the Contractor and the Department before costs may be incurred which will be eligible for reimbursement. B. The Engineer may at any t i me , by written order, and without notice to the sureties, if any, make changes, within the general scope of this contract. He. may not, however, unilaterally -shorten the period allowed for delivery of a product or completion of an activity, or increase a specified quantity of goods or services. If any such change causes an increase or decrease in the estimated cost of, or the time required for the performance of any part of the work under this contract, whether changed or not changed by any such order, or otherwise affects any other provision of this contract, an equitable adjustment shall be made. Any claim by the Contractor for adjustment under this clause must be asserted within thirty (30) days from the date of re oeipt by the Contractor. of the notification of change. Without prejudicing the right to reject any claim asserted after this time, however, if the Engineer decides that the facts justify such action, he may receive and act upon any. such claim asserted at any time prior to final payment under this contract. Failure to agree to any adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this contract entitled "Disputes." However, except as pro- vided in paragraph (C) below, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed. C. Notwithstanding the provision of paragraphs (A) and (B) above, the estimated cost of this contract shall not be increased or deemed to be Increased except by specific written modification of the contract indicating the new contract estimated cost and the new amount allotted to the contract. Until such modification is made, the Contractor shall not be obligated to continue performance or incur costs beyond the maximum cost amount established in this contract. III. DISPUTES': The Engineer will act as referee in all questions arising between the parties under the terms of this contract and his decision shall be final and binding. (Rev i sed 1/82) 2 of 14 IV. CONDITIONS FOR TERMINATION PRIOR TO COMPLETION: If, through any cause other than acts of God or the public enemy, flood, or quarantine restrictions, the Contractor should fail to fulfill in a timely or proper manner the obligation of this agreement, the Department may ter- minate er- minate th i s agreement by giving written not i ce to the Contractor at least seven (7) days prior to the effective date of termination and specifying the'effective date of termination. Either principal to this agreement may, at his convenience, terminate this agreement by. one giving to the other, or each giving to the other, written notice of such termination and specifying the effective date at least thirty (30) days prior to the effective date of such termination so speci f led. Upon termination of this agreement, whether for cause or at the convenience of one or both principals, all finished or unfinished documents, data, studies, surveys, reports, maps, drawings, models and photographs prepared by the Contractor shall, at the option of the Department, become the property of the Department. The Department shall reimburse the Contractor for those eligible expenses incurred during the contract period which are directly attributable to the completed portion of the services covered by this agreement, and shall pay the Contractor a portion of any authorized fee determined by dividing the actual eligible cost of the services actually and satisfactorily performed by the estimated reimbursable cost of the total services contracted for, and multiplying the authorized fee by the rate thus computed. V. EXCUSABLE DELAYS: Except with respect to defaults of subcontractors, the Contractor shall n*ot -be in default by reason of any failure In performance of this contract in accordance with its terms (including any failure by the Contractor to progress in the performance of the work) if such failure arises out of causes beyond the control and without the default or-negligeneeof the Contractor. Such causes may include, but are not restricted to, •acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather. In every case, however, the failure to perform must be beyond the control and without the fault or negligence of the Contractor. If the failure to perform is caused by the failure of a subcontractor to perform or make progress, and if such failure arises out of causes beyond the control of the Contractor and sub- contractor, and without the fault or negligence of either of them, the Contractor shall not be deemed to be In default, unless (a) the supplies or services to be furnished by the subcontractor were obtainable from other sources, ( b) the Engineer shall have ordered the Contractor in writing to procure such supplies or services from other sources, and (c) the Contractor shall have failed to comply reasonably with such order. Upon request of the Contractor, the Engineer shall ascertain the facts and extent of such failure and, if -he shall determine that any fa i I ure to per- form was occasioned by any one or more of the said causes, the delivery schedule shall be revised accordingly. (Revised 1/82) 3 of 14 IV. CONDITIONS FOR TERMINATION PRIOR TO COMPLETION: If, through any cause other than acts of God 'or the publ is enemy, flood, or quarantine restrictions, the Contractor should fail to fulfill in a timely or proper manner the obligation of this agreement, the Department may ter- minate this agreement by giving written notice to the Contractor at least seven (7) days prior to the effective date of termination and specifying the effective date of termination. Either principal to this agreement may, at his convenience, terminate this agreement by one giving to the other, or each giving to the other, written notice of such termination and specifying the effective date at least thirty (30) days prior to the effective date of such termination so specified. Upon termination of this agreement, whether for cause or at the convenience of one or both principals, all finished or unfinished documents, data, studies, surveys, reports, maps, drawings, models and photographs prepared by the Contractor shall, at the option of the Department, become the property of the Department. The Department shall reimburse the Contractor for those eligible expenses incurred during the contract period which are directly attributable to the completed portion of the services covered by this agreement, and shall pay the Contractor a portion of any authorized fee determined by dividing the actual eligible cost of the services actually and satisfactorily performed by the estimated reimbursable cost of the total services contracted for, and multiplying the authorized fee by the rate thus computed. V. EXCUSABLE DELAYS: Except with respect to defaults of subcontractors, the Contractor shall not be in default by .reason of any failure in performance of this contract in accordance with its terms (including any failure by the Contractor -to progress in the performance of the work) if such failure arises out of causes beyond the control and without the default or negligence of the Contractor. Such causes may include, but are not restricted to, acts of God or of the pub I i c enemy, acts of the Government in e'i the r its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather. In every case, however, the failure to perform must be beyond the control and without the fault or negligence of the Contractor. If the failure to perform is caused by the failure of a subcontractor to perform or make progress, and if such failure arises out of causes beyond the control of the Contractor and sub- contractor, and without the fault or negligence of either of them, the Contractor shall not be deemed to be in default, unless (a) the supplies or services to be furnished by the subcontractor were obtainable from other sources, (b) the Engineer shall have ordered the Contractor in writing to procure such supplies or services from other sources, and (c) the Contractor shall have failed to comply reasonably with such order. Upon request of the Contractor, the Engineer shall ascertain the facts and extent of such failure and, if he shall determine that any failure to per- form was occasioned by any one or more of the said causes, the delivery schedule shall be revised accordingly. (Revised 1/82) 3 of 14 VI. NON -COLLUSION: The Contractor warrants that he has not employed or retained any company or person, other than a bona fide employee working for the Contractor, to solicit or secure this' agreeement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, com- mission, percentage, brokerage fee, gift, or any other consideration, con- tingent upon or resulting from the award or making of this agreement. If the Contractor breaches or violates this warranty, the, Department shall have the right to annul this agreement without liability, or, in its discretion, to deduct from the agreement price or consideration, or other- wise recover the full, amount of such fee, commission, brokerage fee, gift, or contingent fee. Vil. CONTRACT PERIOD ESTABLISHED: Ali work and services required under this contract shall be begun after its effective date and completed no later than the termination date specified on the Contract face page or a timely CCN. VIII. COST PROVISIONS A. Only those costs allowable under applicable Federal cost principles are eligible for reimbursement under this contract. Applicability of cost principles is determined by the identity of the Contractor: If the Contractor is an agency of state or local government, the appli- cable cost principles are contained in Office of Management and Budget Circular A-87, "Cost Principles Applicable to Grants and Contracts with State and Local Governments." If the Contractor is a college, university or other educational instructor, the applicable cost prin- ciples are contained in OMB Circular A-21, "Cost Principles for Educational Institutions." If the Contractor is a nonprofit organiza- tion (excluding any organization to which the prior principles apply), the applicable cost principles are contained in OMB Circular A-122, "Cost Principles for Nonprofit. Organizations." Those principles that apply to this Contractor are incorporated as part of this agreement. B. To be eligible for reimbursement under this contract, a cost must have been incurred within the contract period, paid by the Contractor' prior to claiming reimbursement from the Department, and claimed by the Contractor within 60 days of the end of the calendar quarter in which it was -paid, and In no case later than 60 days from the end of the contract term. A cost is incurred when the Contractor's employee or subcontractor performs the service required, or when goods are received by the Contractor, notwithstanding the date of order or date of payment. IX. METHOD OF PAYMENT: One of the methods of payment and associated conditions below will apply to this agreement: (Revised 1/82) 4 of 14 A. LUMP SUM - The Contractor agrees to perform the work specified and to accept as payment a fixed dollar amount. B. COST PER UNIT OF WORK - The Contractor agrees to perform the work spe- c i f led and to accept as payment a spec i f ied unit pr i ee for each unit of work performed. C. COST PLUS A FIXED FEE AMOUNT - The Contractor agrees to perform the work specified and to accept as payment reimbursement for all valid costs incurred in accordance with the terms of the contract plus a specified fixed fee. D. SPECIFIC RATES OF COMPENSATION - The Contractor agrees to perform the work previously stated and to accept payment according to a schedule of payment rates specified in the contract. E. COST - The Contractor agrees to perform the work previously stated and to accept as payment a reimbursement for all eligible costs incurred and paid in accordance with the terms of the contract. X. TERMS AND CONDITIONS OF PAYMENT: A. Unless otherwise specified in the Special Provisions, the Contractor agrees to bill the Department at quarterly intervals only, using the forms and format specified. B. The Contractor agrees to submit no bill for work performed or material' delivered unless such bill Is accompanied by a report which complies with the requirements of this contract. C. The Department's obligation to reimburse the Contractor is contingent upon the U.S. DOT's making available sufficient Federal funds -to meet that reimbursement obligation, and the Contractor's costs being eli- gible for reimbursement under both this contract and applicable Federal regulations If the term of this contract transcends the State's fiscal biennium, the Department's obligation to reimburse is also contingent upon appropriation of funds by the State.. XI. INSPECTION: The Department and, when Federal funds are involved, U.S. DOT and any authorized representative of the Federal government, have the right, at all reasonable times, to inspect, or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. If any' inspection or evaluation is made on the premises of the Contractor or a subcontractor, the Contractor shall provide and shall require his sub- contractor to provide all reasonable facilities and assistance for the safety and convenience of the inspectors in the performance of their duties. All inspections and evaluations shall be performed in such a manner as wi I l not unduly delay the work. (Revised 1/82) 5 of 14 XII. PROPERTY ACCOUNTABILITY: A. The Contractor shall not purchase, under this contract, any item of property with an original cost of $250.00 or more unless specifically authorized to do so in writing. B. The Contractor shall establish and administer a system to control, protect, preserve, use, and maintain and dispose of any property fur- nished it by the Department or purchased pursuant to this agreement in accordance with its own property management procedures, this Department's policies governing the Texas Traffic Safety Program, and, when applicable., Federal Property Management Standards as set forth in Attachment N to OBM Circular A-102, "Uniform Requirements for Assistance to State and Local Governments." This obligation continues as long as the property is retained by the Contractor, notwithstanding the expiration of .this contract. C. Title to property purchased by the Contractor for use under the Contract is in the Contractor, unless this Department or the Federal government has, in authorizing purchase of a specific item, reserved the right to take title. D. The Contractor must replace any property for the cost of which it claims reimbursement if that property is necessary to full operation of the project covered by this contract and is no longer available through loss, theft, accident or circumstance other than normal wear. The Contractor may provide for replacement through private insurance, self-insurance, or any other method, at its option. E. . When the Contractor no longer needs property purchased pursuant to this agreement in the project or program supported by this agreement, it may use that property in its other activities or dispose of It in accordance with its property management procedures and, when appli- cable, Federal property management .standards. Under certain cir- cumstances set forth in those standards, the Contractor is required to refund monies to the Federal government upon either certain uses of, or the disposition of, certain property. Any such refund must be made through the Department. X H I . RETENTION: A. The Contractor agrees to maintain books, records, documents, and other evidence pertaining to. the costs and expenses of this contract (hereinafter collectively called the "records") to the extent and in such detail as is required by OMB Circular A-102. These requirements are hereby made a part of this contract. The records will properly reflect all net costs, direct and indirect, of labor, materials, equipment, supplies -and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provi- sions of this contract. (Revised 1/82) 6 of 14 B. The Contractor agrees to make available at the office of the Contractor at all reasonable times during the contract period, and for the period set forth in paragraph C below, any of the records for inspection, audit, or reproduction by the Department, U.S. DOT, and any authorized representative of the Federal government. C. If this contract is completely or partially terminated, the records relating to the work terminated shall be preserved and made available for a period of three years from the date of any resulting final settlement. D. Records which related to (1) any question under the "Disputes" clause of this contract, (2) litigation of any claim arising out of the per- formance of. this contract, or (3) any cost or expenses of this contract as to which exception has been taken on audit, shall be retained by the Contractor until such appeal, litigation, or exception has been finally resolved or adjudged. E. . The Contractor further agrees to include in each of his subcontracts in excess of $10,000.00 in total value, a provision to the effect that the subcontractor agrees that the Department, U.S. DOT, and any authorized representative of the Federal government shall, until the expiration of three years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers, and records. XIV. OWNERSHIP OF DATA AND CREATIVE MATERIAL: All data and materials created or collected under the terms of the agreement shall become the property of the Department and copies of such data and material shall be furnished to the Department on request. XV. REPORTS: A. Before publication or printing, the final draft of any report required under the contract schedule shall be submitted to the Department for review and concurrence. Review and approval by the U.S. DOT wi l I be coordinated by the Department prior to returning comments or. approvals to the Contractor. All recorded information which is produced in the performance of this agreement shall be the sole property of the Department. Reports or other such information are material in the public domain, and shall not be copyrighted or restricted as to distribution and reproduction. The Contractor shall furnish the Department with the quantity of copies of the report specified in the contract. B. Each, report covered by paragraph A must include the following state- ments on the cover page: (Revised 1/82) 7 of 14 I . State projects: "This report was prepared in cooperation with the State Department of Highways and Public Transportation." For Federally funded projects, add to the above quote either:11...and the National Highway Traffic Safety Administration of the U.S. Department of Transportation," or 11 ... and the Federal Highway Administration of the U.S. Department of Transportation," as may be appropriate. 2. "The conclusions and opinions expressed in this document are those of the author, and do not necessarily represent those of the State of Texas, the State Department of Highways and Public Transportation or any political subdivision of the State or Federal government." XVI. EQUAL OPPORTUNITY: A. Compliance with Regulations: The -Contractor shall comply with the Regulations relative to nondiscrimination in Federally -assisted programs of U.S. DOT, 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 contract. B. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of sub- contractors, including procurements of materials and leases of equip- ment. 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. C. Solicitation for Subcontracts, Including Procurements of Materials and Equipment: In all solicitation either by competitive bidding or nego- tiation made by the Contractor for work to be performed under a sub- contract, i 6c I ud i ng procurements of mater i a I s 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 Reguiations relative to nondiscrimination on the grounds of race, color or national origin. D: Information and Reports: The Contractor shall provide all information and reports required by the Regulations, or in directives issued pur- suant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be .determined by the Department or by U.S. DOT to be pertinent to ascer- tain. compliance with such Regulations, or the orders and instructions implementing them. 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 State or to U.S. DOT and shall set forth what efforts it has made to obtain the Information. tRevised 1/82) 8 of 14 E. Sanctions for Noncompliance: In the event of the Contractor's non- compliance with the nondiscrimination provisions of this contract, the Department shall impose such contract sanctions as it or U.S. DOT may determine to be appropriate, including, but not limited to: 1. withholding of payments to the Contractor under the contract until the Contractor complies; and, 2. cancellation, termination, or suspension of the contract in whole or in part. F. Incorporation of Provisions: The Contractor shall include the provi- sions of paragraphs (A) through (F) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or by directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the Department or U.S. DOT may direct as a means of enforcing such provisions, including sanctions for noncompliance; pro- vided, however, that in the event a Contractor becomes involved in or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the United States to enter into such litigation to protect the Interests of the United States. XVII. OVERTIME COMPENSATION: This contract, to the extent that it is of a character specified in the Contract Work Hours Standards Act (40 U.S.C. 327-300), is subject to the following provisions and to all other applicable provisions and exceptions of such Act and the regulations of the Secretary of Labor thereunder. A. Overtime Requirements - No contractor or subcontractorcontracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any laborer or mechanic in any workweek in which he is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such workweek on work subject to the provis-tons of. the Contract Work Hours Standards Act unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the normal hourly rate for each hour of work in excess of eight hours in any calendar day, or in excess of forty hours in such workweek, whichever is the greater number of overtime hours. B. Records - The Contractor shall maintain payroll records containing the information necessary to show compliance with the above requirements for the period specified in General Provision XIII: Retention. XVIII. CONVICT LABOR: In connection with the performance of work under this contract, the Contractor agrees not to employ any person serving a sentence of imprison- ment at hard labor. (Revised •1/82) 9 of 14 i. XIX. SUBCONTRACTING: A. The Contractor shall not subcontract or sublet any portion of this contract without the prior approval, in writing, of the Engineer. B. The U.S. DOT may require that it approve any subcontract for personal or professional services prior to execution and initiation of work under it. This review may take up to thirty (30) days and shall con- sider, -in part, the following matters: 1. Determination of the subcontractor's qualifications including resident manpower and ability to complete the work withi.n the time allotted; 2. Manner of selection from those qualified to perform the service; 3. Necessity for subcontracting; and 4. Review of the subcontract, to ensure that (a) minimum terms of the prime contract have been incorporated into the subcontract, and (b) the Contractor's price breakdown includes costs ( i f any) for personal services, subcontract, commodities, other direct costs, indirect costs, and profit. C. Pre -award audit is required when subcontracts exceed $25,000.00 in total value. D. No subcontract will relieve the Contractor of his responsibility under this contract. XX. UTILIZATION.OF SMALL BUSINESS CONCERNS: A. It is the policy of the United States Government as declared by the Congress that a fair proportion of the purchases and contracts for supplies and services for the government be placed with small business concerns. B. The Contractor agrees to accomplish the maximum amount of- sub- contracting to small business concerns that the Contractor finds to be consistent with the efficient performance of this contract. XXI. ORDER OF PRECEDENCE: In the event of an inconsistency between provisions of this contract, the inconsistency shall be resolved by giving precedence in the followi.ng order: A. Texas Traffic Safety Program Contract Form, File 18.133 B. Statement of Work (Revised 1/82) 10 of 14 I C. Special Provisions D. General Provisions XXII. ASSIGNMENT AND TRANSFER: The Contractor shall not assign, sell, transfer or otherwise dispose of this contract or any portion of it, or his rights, title or interest in it, without the approval of the Commission. Each party binds himself and his partners, successors, administrators and executors. XX111. CANCELLATION: The Department may cancel this contract if the Contractor violates any of the laws of the United States of America or the State of Texas. in such event, the Contractor shall be reimbursed only for those costs incurred prior to the contracts cancellation, computed as set forth in General Provision IV: Conditions for Termination Prior to Completion. XXIV. CONTRACTORfS LIABILITY: The Contractor shall be liable for any loss of, or injury to, any materia acquired, provided, developed or serviced under this contract which is caused by the Contractor's failure to exercise such care in regard to said material as a reasonably careful owner of similar materials would -exercise. XXV. HOLD HARMLESS: (Does Not Apply if Contractor is a State Agency). The Contractor is an independent Contractor and not an agent, servant, or employee of the State. The Contractor shall hold the State and its representatives harmless from all suits, actions or claims of any kind brought on account of any person or property in consequence of any neglect in safeguarding the work, or of any act or omission by the Contractor or its employees, or from any claims or amounts arising or recovered under Workmen ' s Compensation Laws _.or any other law, bylaw, ordinance, regulation, order, or decree. The Contractor sha I I be responsible for al I damage to property and personal injury of any kind resulting from any act, omission, neglect, or misconduct of any employee or agent -of the Contractor in the manner or method of performing the work for the period of the contract. XXVI. TAX AND COMPENSATION LIABILITY: Nothing herein contained shall be construed as incurring for the Department or the State any liability for Workmen's Compensation, F.I.C.A., Withholding Tax, Unemployment Compensation, or any other payment which would be required to be paid by the Department or the State if the Department and the Contractor were standing in an employer-employee rela- tionship, and the Contractor hereby agrees to assume and pay all such liabilities. (Revised 1/82) 11 of 14 XXYII. REIMBURSEMENT OF ELIGIBLE EXPENDITURES: A. Upon written application by the Contractor and approval by the Department, the Department shall obligate funds for reimbursement of eligible expenditures as set forth in the application. B. The Contractor shall: refund to the Department any funds the Contractor claims and receives from the Department for the reimbursement of costs which are determined by a State or Federal audit to be ineligible for reimbursement. C. The Department shall have the right to withhold all or part of any future payments to the Contractor to offset any reimbursement made to the Contractor for any ineligible expenditures and not refunded to the Department by the Contractor. XXY111. APPLICATION OF THE HATCH ACT: It is mutually -agreed and promised that the Contractor shall notify every employee of the Contractor whose principal employment is in connection with any traffic safety project financed in whole or in part under the Highway Safety Act of 1966, of the provisions of Section 12(a) of the Hatch Act 115.U.S.C. 118 (a)I. XXIX. STANDARDS FOR CONTRACTOR FINANCIAL MANAGEMENT SYSTEMS: Contractor financial management systems shall meet or exceed the require- ments of OMB Circular A-102. Those requirements include, among others: A. Accurate, current, and complete disclosure of the financial results of each grant program in accordance with Departmental reporting requirements; B.. Records which identify adequately the source and application of funds for grant -supported activities. These records shall contain infor- mation pertaining to grant awards and authorization, obligations, com- mitments, assets, liabilities, outlays, and income; C. Effective control over and accountability for all funds, property, and other assets. The Contractor shall adequately safeguard all such assets and shall assure that they are used solely for authorized purposes; D'. Comparison of actual with budgeted amounts for each contract, and relation of financial information to performance or productivity data, including the production of unit cost information whenever appropri.ate and required by the grantor agency; E. Procedures for determining the eligibility for reimbursement and proper allocation of costs; F. Accounting records which are supported by source documentation; (Revised 1/82) 12 of 14 G. H. Audits to be made by the Contractor or at a minimum, the fiscal integrity reports, and the compliance with laws, requirements. The Contractor will reasonable frequency, usually annually, once every two years, considering the the activity; and at its direction to determine, of financial transactions and regulations, and administrative schedule such audits with but not less frequently than nature, size and complexity of A systematic method to assure timely and appropriate resolution of audit findings and recommendations. XXX. PROCUREMENT PROCEDURES: A. All procurement transactions for supplies, equipment or services, whether negotiated or advertised and without regard to dollar value, shall be conducted to provide maximum open and free competition con- sistent with efficient and economical program management in accordance with applicable State and Federal laws and regulations. The Contractor should be alert to organizational conflicts of interest or noncompetitive practices among providers which may restrict or elimi- nate competition or otherwise restrain trade. B. The Contractor shall use its own procurement procedures which reflect applicable State and local laws and regulations, provided that those procedures conform, as a minimum, to the requirements of OMB Circular A-102, Attachment 0. C. The Contractor shall provide the Department with a copy of its proce- dures for any procurements authorized under this contract which will exceed $250.00 in value. The Department wi l l review those procedures to determine that the Contractor's procurement system meets applicable criteria. No costs associated with such procurements made by the Contractor prior to the Department's determination of compliance are eligible for reimbursement. D. Proposed procurement actions in excess of $250.00 must be reviewed and approved in writing by the Department prior to accomplishment of the procurement to avoid the purchase of unnecessary or duplicative --items. No costs associated with such procurements made by the .Contractor without the Department's written approval are eligible for reimburse- ment. Inclusion in a contract executed by the Department is con- sidered approval in writing. E. Contractors shall maintain records sufficient to detail the signifi- cant history of a procurement, and shall provide the Department with a copy of those records. The record shall include, at a minimum, infor- mation documenting the Contractor's rationale for the method of pro- curement, the selection of contract type, :the selection or rejection of provider applicants, and the basis for the cost or price. The Contractor shall maintain these records as required by General Provision XIII: Retention. (Revised 1/82) 13 of 14 XXXI. MINORITY BUSINESS ENTERPRISE: It is the policy of the Department of Transportation that Minority Business Enterprises as defined in 49 CFR Part 23, Subpart A, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds. Consequently, the Minority Business Enterprise requirements of 49 CFR Part 23, exclusive of Subpart D, apply to this contract as follows: The contractor agrees to insure that Minority Business Enterprises as defined in 49 CFR Part 23, Subpart A, have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds, In this regard, the Contractor shall take all necessary and reasonable steps in accordance with 49 CFR Part 23, exclusive of Subpart D, to insure that Minority Business Enterprises have the maximum opportunity to compete for and perform contracts. The Contractor and any Subcontractor shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts funded in whole or in part with Federal funds. These requirements shall be physically included in any subcontract. Failure to carry out the requirements set forth above shall constitute a breach of contract and, after the notification of the Department, may result in termination of the contract by the State or other such remedy as the State deems appropriate. (Revised 7/83) 14 of 14 Attachment 3 SPECIAL PROVISIONS 1. Contingent upon the availability of Federal Funds, this contract will be for the first year (FY 1984) of a three year project with the level of activity expected to remain the same or increase with a reduction of grant monies to be 75% and 50% in subsequent project years, respectively. 2. STEP officers must patrol the STEP site at least 80% of their assigned duty time and be supplemental to baseline enforcement levels at each site. 3. No personnel above the rank of Lieutenant shall be allowed to claim reimbur- sement of salaries for patrol duty under this contract. 4. For the purpose of this contract, the term "conviction rate" shall include all traffic cases in which the offender was found guilty and assessed some type of punishment in the form of payment of fine money, probation, etc. 5. Within 90 days after the start-up of this contract, the City shall submit a resolution of its City Council supporting the STEP concept and declaring an intention to fund continued increased enforcement if the project is both effective and financially feasible. 6. Current data on time sheets, STEP citations, STEP accidents and Patrol Officers Report Forms must be recorded and stored in such a manner which would allow for convenient retrieval for the purpose of monitoring by Department personnel. 7. Baseline Data on STEP sites (citations and accidents) must be kept available for comparison at the request of appropriate Department person- nel for the purpose of administrative evaluation. 8. Activity Reports must be completed in accordance with Department instruc- tions and submitted within six weeks following the reporting period. 9. The Project Performance Reports*(Narrative Section) must be completed -in such a manner that would allow Department personnel to follow a logical path of understanding the progress of the contract, or would clearly define the problems encountered and the assistance needed to overcome the problem and allow the project to continue to a successful conclusion. 10. Patrol Officers Daily Report forms, approved by this Department, are to be used by STEP officers. 11. All reports shall be submitted in the format provided by the Department. Attachment 4 A. Enforcement Operations Plan 1. Primary Site Schedule 2. Secondary Site Schedule (if applicable) B. Public Information & Education Plan (to be added by Contractor) Page 1 of STEP OPERATIONAL PLAN City of: Lubbock PRIMARY SITES STEP MILES TIMES) DAYS) N0. OF SITE .OF OF OF YAA% NUMBER SITE DESCRIPTION ROADWAY DAY WEEK HRS. PERI44. 4th St. 11:00 PM Saturday iiddaa Sunday 5 Clavis Road 2 Ave. Q to Indiana 2 Is of 10 Ave. Q 3 Ath St. to 34th St. 2►► ►►10 University Ave. H 5 ►► ►►10 Ave. A 6 4th St. to 34th St. 210 University 7 34th St. to 66th St. 2 " 50th St. 8 Ave. A to Universitv" 19th St. 9 Ave, A to University 2►► ►► 50th St. 10 University �►_ ►► 5- STEP OPERATIONAL PLAN City of: Lubbock SECONDARY SITES STEP MILES TIME(S) DAY(S) NO. OF SITE OF OF OF MAN NUMBER SITE DESCRIPTION ROADWAY DAY WEEK HRS. PER/WK. Slide Road • 11:00 PNI Samoa Y 5 Ave. H 2 34th St.-Traffic'Circ a 1.8 " 10 Parkway Drive 3 Ave. A to Gaava Ave. 2 5 19th St. 4 University to Quaker 2 5 E. 19th St. 5 Ave. A to Broadway 2 5 Tech Freeway 6 University to the Y 2 5 Ave. Q 7 34th St. -Traffic Circe 1.7 10 E. Broadway 8 Ave. A to Guava Ave 2 5 Ave. A 9 19th St. to 50th St. 2 5 50th St. 10 Indiana to Slide Rd. 2 5