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HomeMy WebLinkAboutIowa Department of Public Safety-9/20/2010GOVERNOR'S TRAFFIC SAFETY BUREAU IOWA DEPARTMENT OF PUBLIC SAFETY CONTRACT NUMBER: Alcohol Incentive Grant, PAP 11-410, Task 82 ISSUING AGENCY: DPS/Governor's Traffic Safety Bureau PROJECT CONTRACTOR: Waterloo Police Department FISCAL SUMMARY: Highway Safety Contractor Total Funds Cash Amount $31,950.00 $ -0- $31,950.00 AGENCY/LAW/ SOURCE: National Highway Traffic Safety Administration (NHTSA), Public Law 109-59, Section 410 Submit Reimbursement Claims To: Issue Payment To: Denny Becker, Program Administrator Governor's Traffic Safety Bureau 215 East 7th Street, 3rd Floor Des Moines, IA 50319-0248 Submit Reports To: Denny Becker, Program Administrator Governor's Traffic Safety Bureau 215 East 7th Street, 3rd Floor Des Moines, IA 50319-0248 515-725-6128 FAX 515-725-6133 Waterloo Police Dept. 715 Mulberry Street Waterloo, IA 50703 Transmit Contract Information To: Captain John Beckman Waterloo Police Department 715 Mulberry Street Waterloo, IA 50703 319-291-4383, FAX 319-291-4332 The Contractor agrees to furnish and deliver all products and perform all services set forth in the attached Special Conditions for the consideration stated herein. The rights and obligations of the parties to this contract will be subject to and governed by the Special Conditions and the General Conditions. To the extent that any specifications or other conditions which are made a part of this contract by reference or otherwise conflict, the Special Conditions and the General Conditions will control. To the extent that any inconsistency between the Special Conditions and the General Conditions exists, the Special Conditions will control. When approved, the instrument becomes a contract to accomplish the provisions contained within the Fiscal Year 2011 Highway Safety Plan, Alcohol Incentive Grant 11-410, Task 82, and thereby constitutes an official program with the Governor's Traffic Safety Bureau. This activity meets the requirements of Public Law 109-59 and the requirements set forth in the Governor's Traffic Safety Bureau Procedures Manual, as amended. IN WITNESS THEREOF, the parties hereto have executed this contract on the day and year last specified below. CONTRACTO By Date: V ` 00 I ISSUING AGENCY: By Larry D. Sauer, Bureau Chief Effective Date: 10/01/10 Date: q s ��� 1 6 Expiration Date: 09/30/11 SPECIAL CONDITIONS Article 1.0 Identification of Parties. This Contract is entered into by and between the Iowa Department of Public Safety/Governor's Traffic Safety Bureau (hereafter referred to as DPS/ GTSB) and the Waterloo Police Department (hereinafter referred to as Contractor). Article 2.0. Statement of Purpose. WHEREAS, the Highway Safety Plan is the tool for developing and improving overall safety capabilities; improving the program management and decision-making capabilities of safety officials; addressing special problems or opportunities; and providing a coordination mechanism for the purpose of reducing traffic -related property damage, personal injury and fatal crashes, and WHEREAS, the DPS/GTSB has been designated to administer the State and Community Highway Safety Programs established under Section 410 of the Highway Safety Act of 1966, as amended, and WHEREAS, the Contractor has the necessary ability to develop and carry out a portion of that Highway Safety Plan, THEREFORE, the parties hereto do agree as follows: Article 3.0 Area Covered. The Contractor will perform all the work and services required under this Contract in connection with and respecting the following areas: City of Waterloo, Iowa Article 4.0 Reports and Products. The Contractor will submit the following reports and products: 4.1 A Claim for Reimbursement (HSP -2) form, documentation and, if applicable, an Equipment Accountability Report (HSP -3) form for reimbursement within 60 days of the expense being paid by the Contractor. 4.2 A cumulative final report due November 1, 2011 covering accomplishments of Statement of Work and Services. 4.3 Any reports and products deemed prudent by the Issuing Agency or Contractor. 4.4 A copy of all audit reports within 30 days of completion of said audit. 4.5 Monthly activity reports due the 15th of the following month on forms provided by the DPS/GTSB that quantify project activities as well as total departmental effort. Article 5.0 Designation of Officials. 5.1 DPS/GTSB - The Governor's Representative for Highway Safety and the Director of the Governor's Traffic Safety Bureau are the only persons authorized to execute and approve any changes in terms, conditions, or amounts specified in this Contract. 5.2 Contractor Designee, Chief Daniel Trelka, is designated to approve in writing, on behalf of the Contractor, the HSP -2 Claim for Reimbursement and any negotiated changes in this Contract. Article 6.0 Key Personnel. The Contractor hereby assigns the duties and responsibilities of project administration to Captain John Beckman, representing the Contractor in this agreement. Article 7.0 Time of Performance. The services of the Contractor will commence on or after the effective date stipulated on the signature page and will be completed before or by the expiration date. Article 8.0 Modification of General Conditions. None. Article 9.0 Additional Special Conditions. 9.1 Expense Documentation. The Contractor will document the expenditure of such funds authorized as eligible for reimbursement in accordance with the conditions of this Contract upon submission of the HSP -2 and, for equipment, the HSP -3 as supplied by the DPS/GTSB. 9.2 Policies and Procedures. The Contractor will comply with all policies and procedures contained in the Iowa DPS/GTSB Policies and Procedures Manual, as amended, including appropriate attachments provided by the DPS/GTSB in accordance with Section 410 of the Highway Safety Act of 1966, and the Iowa Administrative Code, Section 661, Chapter 20. 9.3 Copyrights. The Federal awarding agency reserves a royalty -free, nonexclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: a. The copyright in any work developed under a grant, sub -grant, or contract under a grant or sub -grant; and b. Any rights of copyright to which a grantee, sub grantee or a contractor purchases ownership with grant support. 9.4 Debarred, Suspended and Ineligible Status. The Contractor certifies that the Contractor and/or any of its subcontractors have not been debarred, suspended or declared ineligible by any agency of the State of Iowa or as defined in the Federal Acquisition Regulation (FAR) 48 C.F.R. Ch.1 Subpart 9.4. The Contractor will immediately notify DPS/GTSB if the Contractor is debarred by the State or placed on the Consolidated List of Debarred, Suspended and Ineligible Contractors by a federal entity. Article 10.0 Conditions of Payment. 10.1 Maximum Payments. It is expressly understood and agreed the maximum amount to be paid to the Contractor by the DPS/GTSB for any item of work or service will be the amount specified under Article 12.0 subject to Article 11.0 herein. It is further understood and agreed the total of all payments to the Contractor by the DPS/GTSB for all work and services required under this Contract will not exceed $31,950.00 unless modified by written amendment of this Contract as provided in Section 1.0 of the General Conditions. 10.2 HSP -2 Form for Payment. All payments to the Contractor will be subject to the DPS/GTSB's receipt of an HSP -2 and documentation. If claiming equipment, an HSP -3 must also be submitted. The Contractor must perform services and receive merchandise between the effective dates of the contract and pay for expenses prior to submitting the claim for reimbursement. An HSP -2 will be submitted on a form provided by the DPS/GTSB. No payments will be made if required reports are more than two months past due unless approved by the DPS/GTSB Director. 10.3 Receipt of Federal Funds. a. All payments hereunder will be subject to the receipt of federal funds by the DPS/GTSB. The termination, reduction or delay of federal funds to the DPS/GTSB may be reflected by a corresponding modification to the conditions of this Contract. b. Notwithstanding any other provisions of this Contract, if funds anticipated for the continued fulfillment of this Contract are at any time not forthcoming or insufficient, either through failure of the State of Iowa to appropriate funds, discontinuance or material alteration of the program for which funds were provided, the DPS/GTSB will have the right to terminate this Contract without penalty by giving not less than thirty (30) days written notice documenting the lack of funding, discontinuance or program alteration. Unless otherwise agreed to by the parties, the Contract will become null and void on the last day of the fiscal year for which appropriations were received, except that if an appropriation to cover cost of this Contract becomes available within sixty (60) days subsequent to termination under this clause, the DPS/GTSB agrees to re-enter a Contract with the terminated Contractor under the same provisions, terms and conditions as the original Contract. c. In the event of termination of this Contract due to non -appropriation, the exclusive, sole and complete remedy of Contractor will be payment for services rendered prior to termination. 10.4 Non -Performance Termination. If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligation under this contract, or if the Contractor shall violate any of the agreements or stipulations of this contract, the DPS/GTSB shall thereupon have the right to terminate this contract and withhold further payment of any kind by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least thirty (30) days before such date. The DPS/GTSB shall be the sole arbitrator of whether the Contractor or its subcontractor is performing its work in a proper manner with reference to the quality of work performed by the Contractor or its subcontractor under the provisions of this contract. The Contractor and the DPS/GTSB further agree that this contract may be terminated by either party by giving written notice of such termination and specifying the effective date thereof, at least thirty (30) days before such date. 10.5 The Contractor will arrange for an audit to be performed in accordance with OMB Circular A-133 when, as a non-federal entity, the Contractor receives $500,000.00 or more in federal funds. The federal agency, National Highway Traffic Safety Administration, Department of Transportation, passes funds through the Department of Public Safety, Governor's Traffic Safety Bureau. The Catalog of Federal Domestic Assistance (CFDA) number 20.601 applies to Alcohol Traffic Safety and Drunk Driving Prevention Incentive Grants. A copy of the audit report will be submitted to the DPS/GTSB within thirty (30) days after the completion of the audit. Article 11.0 Statement of Work and Services. The Contractor will perform in a satisfactory and proper manner, as determined by the DPS/GTSB the following work and services: 11.1 The Contract will be monitored by the National Highway Traffic Safety Administration (NHTSA) and the DPS/GTSB. All records and documents pertaining to the project are subject to auditing and evaluation by those agencies or their designees. 11.2 The Contractor will absorb all costs not contained in this contract. 11.3 The project will be evaluated on all items contained in the Statement of Work and Services and the Budget. 11.4 There will be no change in the Statement of Work and Services or Budget without prior written approval of the DPS/GTSB. 11.5 The Contractor will comply with all requirements contained within the Policies and Procedures Manual of the DPS/GTSB. 11.6 All documents relative to fiscal claims will be maintained in the Contractor's office and will be available for review during regular office hours. 11.7 Staffing plan: a. Officers to conduct 550 hours of directed overtime enforcement. 11.8 Contract activities: a. Conduct traffic enforcement directed at impaired driving and other traffic violations during times and at locations identified by crash data as high-risk, including at least two multi -agency events with one event held at night. b. Conduct at least twelve public information/education activities. c. Conduct and publicize results of two observational occupant protection surveys during March and August. d. Purchase and distribute impaired driving -related educational materials with prior DPS/GTSB approval. e. Purchase six DPS -approved preliminary breath testers (PBTs) and two DVR camera recorders for in -car video cameras and two antennas and utilize for impaired driving -related traffic enforcement. f. Participate in traffic safety training with prior DPS/GTSB approval and submit a trip report within two weeks following any out-of-state travel. All travel reimbursement will be made at State of Iowa approved rates. 11.9 Key dates: a. By November 15, 2010 and the 15th of each subsequent month through October 15, 2011, submit a monthly report as specified in Article 4.5. b. By September 30, 2011, receive educational materials as specified in Article 11.8(d). c. By September 30, 2011, receive six PBTs and two DVR camera recorders and two antennas as specified in Article 11.8(e). d. By November 1, 2011, submit an annual report as specified in Article 4.2. 11.10 Objective/performance measures: a. Enforcement conducted with at least 70 impaired driving, 260 occupant protection and 320 speed and other moving violation contacts reported. b. Twelve public information activities conducted and reported. c. Two occupant protection surveys completed and results publicized. d. Educational materials approved, purchased and distributed. e. Six PBTs, two DVR camera recorders and two antennas purchased and utilized. f. At least one officer instructed at the DPS/GTSB approved training and a trip report submitted if travel out-of-state. Article 12.0 Project Budget. Highway Safety Funds Contractor Personal Services Directed overtime enforcement $22,050.00 $ 0.00 Training -related travel $ 1,500.00 $ 0.00 Commodities Educational materials $ 500.00 $ 0.00 Equipment Six PBTs, two DVR camera recorders $ 7,900.00 $ 0.00 and two antennas TOTAL $31,950.00 $ 0.00 Soft match provided by Contractor: $66,300.00