HomeMy WebLinkAboutIowa Department of Public Safety-9/19/2016GOVERNOR'S TRAFFIC SAFETY BUREAU
IOWA DEPARTMENT OF PUBLIC SAFETY
CONTRACT NUMBER:
ISSUING AGENCY:
PROJECT CONTRACTOR:
PROJECT BUDGET:
AGENCY/LAW/ SOURCE:
Impaired Driving Countermeasures Grant,
PAP 17-405d-M6OT, Task 54-00-00
DPS/Governor's Traffic Safety Bureau
Waterloo Police Department
Highway Safety Funded Amount: $55,000.00
National Highway Traffic Safety Administration
(NHTSA), Public Law 114-94, Section 405d
Submit Reimbursement Claims To:
Mick Mulhern, Program Administrator
Governor's Traffic Safety Bureau
215 East 7th Street, 3rd Floor
Des Moines, IA 50319-0248
Submit Reports To:
Mick Mulhern, Program Administrator
Governor's Traffic Safety Bureau
215 East 7th Street, 3rd Floor
Des Moines, IA 50319-0248
515-725-0148, FAX 515-725-6133
Issue Payment To:
Waterloo City of
Police Department
715 Mulberry Street
Waterloo, IA 50702
Transmit Contract Information To:
Captain Joseph Leibold
Waterloo Police Department
715 Mulberry Street
Waterloo, IA 50702
319-291-4339, 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
2017 Highway Safety Plan, Impaired Driving Countermeasures Grant 17-405d-M6OT Task 54-
00-00, and thereby constitutes an official program with the Governor's Traffic Safety Bureau.
This activity meets the requirements of Public Law 114-94 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.
CONTRACTOR:
By l
ISSUING NCY:
By
Patrick. Hoye, Bureau
Effective Date:
10/01/16
Date:
Date: 7 4 G4
Expiration Date: 09/30/17
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 405d of the Fixing America's
Surface Transportation Act, 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:
Waterloo, Iowa and other jurisdiction(s) authorized by a shared enforcement agreement.
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 90 days
of the expense being paid by the Contractor with the exception of the final claim
which is due into the DPS/GTSB office no later than November 15, 2017.
4.2 A cumulative final report due November 1, 2017, 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 Joseph Leibold, 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 405d of the Fixing America's Surface Transportation
Act, 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.
9.5 Equipment acquired under this agreement for use in highway safety program
areas shall be used and kept in operation for highway safety purposes 23 CFR
1200.21. The Contractor will comply with all applicable procurement procedures
and will maintain a financial management system that complies with the minimum
requirements of 49 CFR 18.20. The contractor must have prior written approval
from DPS/GTSB before purchasing equipment over $5,000. Failure to secure
prior approval will result in the contractor being responsible for the cost of the
equipment purchase; retroactive approval from NHTSA is not an option.
9.6 Civil Rights Act - The Contractor will comply with all Federal statutes and
implementing regulations relating to nondiscrimination. These include but are not
limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits
discrimination on the basis of race, color or national origin (and 49 CFR Part 21);
(b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§
1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex;
(c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794)
and the Americans with Disabilities Act of 1990 (42 USC § 12101, et seq.; PL
101-336), which prohibits discrimination on the basis of disabilities (and 49 CFR
Part 27); (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§
6101-6107), which prohibits discrimination on the basis of age; (e) the Drug
Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse; (f) the comprehensive Alcohol
Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970(P.L.
91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse
of alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42
U.S.C. §§ 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of
alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of
1968 (42 U.S.C. §§ 3601 et seq.), as amended, relating to nondiscrimination in
the sale, rental or financing of housing; (i) any other nondiscrimination provisions
in the specific statute(s) under which application for Federal assistance is being
made; The Civil Rights Restoration Act of 1987, which provides that any portion
of a state or local entity receiving federal funds will obligate all programs or
activities of that entity to comply with these civil rights laws; and, (k) the
requirements of any other nondiscrimination statute(s) which may apply.
9.7 Buy America Act - The Contractor will comply with the provisions of the Buy
America Act (49 U.S.C. 5323(j)) which contains the following requirements:
Only steel, iron and manufactured products produced in the United States may
be purchased with Federal funds unless the Secretary of Transportation
determines that such domestic purchases would be inconsistent with the public
interest; that such materials are not reasonably available and of a satisfactory
quality; or that inclusion of domestic materials will increase the cost of the overall
project contract by more than 25 percent. Clear justification for the purchase of
non-domestic items must be in the form of a waiver request submitted to and
approved by the Secretary of Transportation.
9.8 Political Activity (Hatch Act) - The Contractor will comply, as applicable, with
provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit
the political activities of employees whose principal employment activities are
funded in whole or in part with Federal funds. As such, the Contractor will not
subcontract with any agency to conduct DPS/GTSB contract -related activities.
9.9 Lobbying Restrictions - None of the funds under this program will be used for any
activity specifically designed to urge or influence a State or local legislator to
favor or oppose the adoption of any specific legislative proposal pending before
any State or local legislative body. Such activities include both direct and indirect
(e.g. "grassroots") lobbying activities, with one exception. This does not preclude
a State official whose salary is supported with NHTSA funds from engaging in
direct communications with State or local legislative officials, in accordance with
customary State practice, even if such communications urge legislative officials
to favor or oppose the adoption of a specific pending legislative proposal.
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 $55,000.00 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
$750,000.00 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 20.616 applies to
Impaired Driving Countermeasures 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 915 hours of directed overtime high -visibility enforcement.
11.8 Contract activities:
a. Conduct planned high visibility enforcement directed at impaired driving and
other violations during times and at locations that have been identified by
your agency, the Iowa DOT or the DPS GTSB as high risk, including at least
two nighttime multi -agency saturation projects. Strong consideration should
be given to weekends and project hours between 6:00 p.m. and 3:00 a.m.
b. Conduct at least twelve public information/education activities aimed at
improving driver safety behaviors to reduce impaired driving.
c. Purchase two in -car video cameras and utilize for impaired driving
enforcement.
d. 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, 2016, and the 15th of each subsequent month through
October 15, 2017, submit a monthly report as specified in Article 4.5.
b. By September 30, 2017, receive two in -car video cameras as specified in
Article 11.8(c).
c. By November 1, 2017, submit an annual report as specified in Article 4.2.
d. By November 15, 2017, submit final claim for reimbursement.
11.10 Objective/performance measures:
a. At least 915 hours of overtime enforcement conducted and all overtime and
agency traffic enforcement contacts reported showing a sustained effort
based on past performance.
b. Twelve public information activities conducted and reported.
c. Two in -car video cameras purchased and utilized.
d. At least one officer attended DPS/GTSB approved training and a trip report
submitted if required.
Article 12.0 Project Budget.
Personal Services
Directed overtime enforcement
Training -related travel
Equipment
Two in -car video cameras
Highway Safety
Funds
$45,000.00
$ 1,000.00
$ 9,000.00
TOTAL $55,000.00