HomeMy WebLinkAboutGovernor's Traffic Safety Bureau-Grant Agreement-03.12.2007 3-l;—O7
GOVERNOR'S TRAFFIC SAFETY BUREAU /— '?2d. ����' /71
IOWA DEPARTMENT OF PUBLIC SAFETY
CONTRACT NUMBER: OVVI Prevention Grant, PAP 07-163, Task 84
ISSUING AGENCY: DPS/Governor's Traffic Safety Bureau
PROJECT CONTRACTOR: Waterloo Police Department
FISCAL SUMMARY: Highway Safety Contractor Total Funds
Cash Amount $15,500.00 $ -0- $15,500.00
AGENCY/LAW/ SOURCE: National Highway Traffic Safety Administration
(NHTSA), Public Law 105-178, Sections 163 and 410
Submit Reimbursement Claims To: Issue Payment To:
Denny Becker, Area Administrator City of Waterloo
Governor's Traffic Safety Bureau 715 Mulberry Street
Wallace Building, 4th Floor Waterloo, IA 50703
Des Moines, IA 50319-0248
Submit Reports To: Transmit Contract Information To:
Denny Becker, Area Administrator Captain Tim Pillack
Governor's Traffic Safety Bureau Waterloo Police Department
Wallace Building, 4th Floor 715 Mulberry Street
Des Moines, IA 50319-0248 Waterloo, IA 50703
515-281-8844, FAX 515-281-6190 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
2007 Highway Safety Plan, Program Area Plan 07-163, Task 84, and thereby constitutes an
official program with the Governor's Traffic Safety Bureau. This activity meets the requirements
of Public Law 105-178 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 - V/.�r/� Date: 3 --)a - 0 7
ISSUING AGENCY:
By Date:
J. Michael Laski, Director
Effective Date: 04/01/07 Expiration Date: 09/30/07
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, DPS/GTSB has been designated to administer the State and Community
Highway Safety Programs established under Sections 163 and 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.
4.2 A cumulative final report due November 1, 2007 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 10th of the following month on forms provided by
DPS/GTSB that quantify project activities.
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 Thomas Jennings, 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 Tim Pillack, 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 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 DPS/GTSB in
accordance with Sections 163 and 410 of the Highway Safety Act of 1966, and
the Iowa Administrative Code.
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.
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 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 DPS/GTSB for all work and services required under this Contract
will not exceed $15,500.00 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.
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 20.605 applies to
Safety Incentives to Prevent Operation of Motor Vehicles by Intoxicated Persons
programs and number 20.601 applies to Alcohol Traffic Safety and Drunk Driving
Prevention Incentive Grants. A copy of the audit report will be submitted to
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 DPS/GTSB the following work and services:
11.1 The Contract will be monitored by the National Highway Traffic Safety
Administration (NHTSA) and 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 DPS/GTSB.
11.5 The Contractor will comply with all requirements contained within the Policies
and Procedures Manual of 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 overtime enforcement directed at high-risk times and
locations for alcohol-related traffic problems and low safety belt use.
11.8 Contract activities:
a. Conduct traffic enforcement directed at alcohol-related and occupant
restraint traffic violations and submit monthly reports of enforcement activity.
b. Conduct traffic enforcement directed at occupant protection use during the
special traffic enforcement effort May 6-12, 2007 and report activity.
c. Purchase one in-car video system and utilize for alcohol-related traffic
enforcement.
11.9 Key dates:
a. By May 10, 2007, June 10, 2007, July 10, 2007, August 10, 2007, September
10, 2007 and October 10, 2007, submit a monthly report as specified in
Article 4.5 and by May 25, 2007, submit a report for activity conducted May
6-12, 2007 as specified in Article 11.8(b).
b. By September :30, 2007, receive one in-car video system as specified in
Article 11.8(c).
c. By November 1, 2007, submit a cumulative final report covering
accomplishments of Statement of Work and Services as specified in Article
4.3.
11.10 Objective/performance measures:
a. Enforcement conducted generating 40 alcohol-related and 175 occupant
restraint violation contacts and reports submitted.
b. Special occupant protection enforcement conducted May 6-12, 2007 and
activity reported on a form provided by the DSP/GTSB.
c. One in-car video system purchased and utilized.
Article 12.0 Project Budget.
Highway
Safety
Funds Contractor
Personal Services
Overtime enforcement $12,000.00 $ 0.00
Equipment
One in-car video system $3,500.00 $ 0.00
TOTAL $15,500.00 $ 0.00
Soft match provided by Contractor: $ 0.00
6